See also the Summary of Responses

 

 

 

 

Notice of Proposed Rule Making

NPRM 9801AW

 

 

 

 

 

Flight Manual Management Procedures

 

 

 

Introduction

 

 

This Notice of Proposed Rule Making (NPRM) contains a proposal to revise the rules relating to, and the method of management of, the information that is required to be available in aircraft to the operating crew in the form of flight manuals, placards or other documents.

 

CASA intends that the proposed system be brought into effect as soon as possible through amendments to the Civil Aviation Regulations (CARs).  These amendments will subsequently be incorporated into the new Civil Aviation Safety Regulations (CASRs) which will progressively replace the CARs and Civil Aviation Orders (CAOs) over the next two to three years.

 

I invite you to respond to this proposal using the response sheet on page 17 of this NPRM.

 

The closing date for comments is Monday 2^nd March 1998.  A summary of responses will be prepared subsequent to the closing date and will be made publicly available in conjunction with the making of the final rule.

 

Finally, I would like to thank you in advance for taking the time to respond to this proposal, and emphasise that no legislative action will be taken until all submissions have been considered.

 

 

 

 

John Pike

Acting Director of Aviation Safety

30^th January 1998

 

Table of Contents

 

INTRODUCTION...................................................................................... 1

Terminology....................................................................................... 4

THE PROPOSAL...................................................................................... 5

1. Purpose  . ..........................................................................................5

2. Background.......................................................................................... 5

3. Options considered............................................................................... 6

4. Discussion........................................................................................... 7

5. Persons affected................................................................................. 11

6. Transition arrangements.................................................................... 12

7. Legislative change.............................................................................. 13

8. Costs and benefits.............................................................................. 13

9. Compliance........................................................................................ 14

10. Effect on the environment by implementing this proposal................... 15

11. How to submit comments on this NPRM............................................. 15

12. Disposition of comments received...................................................... 16

Response Sheet................................................................................ 17

 

TERMINOLOGY

 

AFM                                   Aircraft Flight Manual

ASI                                     Airspeed Indicator

ASSP                                 Aviation Safety Surveillance Program

C of A                                 Certificate of Airworthiness

C of R                                 Certificate of Registration

CAO                                   Civil Aviation Order

CAR                                   Civil Aviation Regulation

CAS                                   Calibrated Airspeed

CASA                                Civil Aviation Safety Authority

CASR                                Civil Aviation Safety Regulation

FAA                                    Federal Aviation Administration (of the USA)

FAR                                    Federal Aviation Regulation (of the USA)

FM                                      Flight Manual

FMA                                   Flight Manual Amendment

FMAI                                  Flight Manual Approved Information

IAS                                     Indicated Airspeed

ICAO                                 International Civil Aviation Organisation

NAA                                   National Airworthiness Authority

NPRM                                Notice of Proposed Rule Making

MTOW                              Maximum Take-off Weight

POH                                   Pilot Operating Handbook

REO                                   Regional Engineering Office

RSOL                                Radio System Operating Limitations

STC                                    Supplemental Type Certificates

TCDS                                 Type Certificate Data Sheet

 

 

THE PROPOSAL

1.    Purpose

Airworthiness standards require that information must be available to the operating crew in aircraft for the safe operation of the aircraft.  CASA currently requires each aircraft to have an Aircraft Flight Manual (AFM) issued by CASA (or its predecessors).

 

The purpose of this NPRM is to initiate formal public consultation on proposed legislative changes to support the introduction of revised rules and procedures for the provision of the information.

 

The intent of this proposal is to keep the information required to a minimum, to harmonise with ICAO recommendations and accepted international aeronautical practice, and to minimise CASA’s involvement in the process.

Manufacturers produce a Flight Manual (FM) for the aircraft type and model if a FM is required by the applicable airworthiness standard.  Each aircraft required to have a flight manual has an AFM specific to that aircraft, derived from the manufacturer’s FM and incorporating any amendments or supplements to reflect the actual configuration of that aircraft.

The summary of this proposal is:

·    Whether an AFM is required, or placards or other documents are adequate, will be determined by what was required by the certificating authority when the particular aircraft was first flown.

·    Flight Manual information approved by the National Airworthiness Authority (NAA) of a recognised country, or other Flight Manual information approved by CASA, will be approved data for insertion in AFMs.

·    C of R holders will be required to ensure that the appropriate information is provided in their aircraft to the operating crew.

            This proposal will mean:

·    CASA will cease to prepare, publish or issue individual AFMs.

·    CASA or an authorised person will issue an approval page for all AFMs when a Certificate of Airworthiness (C of A) is issued.

·    CASA will no longer advise Certificate of Registration (C of R) holders when an

·    approved amendment or a supplement is applicable, nor direct C of R holders to incorporate such changes.

            

             The following simplifications will apply:

·    C of R holders will no longer have to supply a copy of the AFM to CASA; instead, only advice as to the effective pages and effective supplements.

·    Approved aircraft loading data will no longer be required to be contained in the AFM.

·    Additional operational performance data or limitations will no longer be required to be contained in the AFM.

·    Airspeeds may be quoted in IAS or CAS in the AFM, placards and in instrument markings.

·    RSOL page(s) will no longer be required.

·    Equipment lists will only be required where required by the airworthiness standards applicable to the aircraft.

·    CASA will no longer issue door-off FM supplements.

·    Provided that the aircraft carries an operations manual or placards or other documents that provide the pilot with the necessary information, an exemption against carrying the AFM on board the aircraft will no longer be necessary.

This NPRM explains the rationale for this proposal, what regulatory amendments are required to establish the proposed system, and how changes to the existing FM management system will be implemented.

Overall, the safety of air navigation is expected to be unchanged as a result of this proposal.

2.    Background

For a number of years, concerns have been expressed within the aviation industry and CASA over the effectiveness of the current FM management system.

 

These included:

·    Difficulty in understanding the regulatory requirements.

·    The perceived imbalance between the resources applied and benefits obtained in CASA issuing individual AFMs, amendments and supplements.

·    The rationale or necessity of requiring an Australian AFM where none was required in the country of original certification.

·    The rationale or necessity of requiring existing AFMs or Pilot Operating Handbook’s (POH’s) to be modified to become an Australian AFM, by for example, changing calibrated airspeeds to indicated airspeed (and also the placard and instrument markings).

·    The necessity or otherwise of requiring operational performance information, not required by the airworthiness standards, to be incorporated in the Australian AFM.

   

·  Industry and CASA reservations about the relevance and costs involved in

incorporating RSOL pages.

·     Frustration, expense and delays for an applicant seeking to have an Australian AFM approved by CASA.

·    The significant drain on CASA resources in approving, storing and amending copies of individual AFMs.

 

In 1996, to address this situation, a project called Flight Manual Management was initiated under CASA's Regulatory Role Program.  The project team comprised six CASA technical specialists, four highly experienced industry representatives, and three CASA personnel as ex-officio members.  The group was tasked with reviewing the current system and procedures, and developing  recommendations for a system which would meet the following objectives:

 

·     Australian regulations and practices covering FMs that are aligned with those of ICAO and major National Airworthiness Authority (NAAs), and to remove unique Australian requirements.

·     A clear division of responsibilities for industry and CASA.

·     A system that enables C of R holders to maintain the currency of their AFM more cost-effectively and efficiently, without being dependent on CASA for the approval of or directions to incorporate amendments.

·     A system that provides for more efficient and cost effective processes within CASA.

·     A system to ensure that CASA receives notification of changes to the aircraft limitations or conditions such as weight, speed or number of passengers as a result of foreign or local modifications or Supplemental Type Certificates (STCs).

·     Legislation to address FM management in a manner consistent with the work being conducted to revise all the Australian aviation safety regulations under the auspices of CASA's Regulatory Framework Program.

3.    Options Considered

The issues associated with the management of FMs were considered by the CASA/industry project team set up to research, evaluate and recommend flight manual management processes.  The team agreed that the current system needed to be simplified, and highlighted the gains to be made in revised and improved administration and procedures which harmonised with typical international practice.

 

Thus the options available were limited, and the approach preferred by CASA is discussed in this NPRM.

 

4.    Discussion

Introduction

Annex 8 to the Convention on International Civil Aviation addresses the airworthiness of aircraft.  In Section 8 of Part II of Annex 8 there is the statement:

“Each aircraft shall be provided with a flight manual, placards or other documents stating the approved limitations within which the aircraft is considered airworthy as defined by the appropriate airworthiness requirements, and additional instructions and information  necessary for the safe operation of the aircraft.”

 

Annex 6 to the Convention on International Civil Aviation addresses the operation of aircraft.  In chapter 11.2 of Part I of Annex 6 there is the statement:

“The flight manual shall be updated by implementing changes made mandatory by the State of Registry”.

 

CASA proposes to introduce a system, applicable to all aircraft regardless of size or operating category, where the information required for the safe operation of the aircraft is to be presented to the operating crew in the aircraft in the form of FMs, placards or other documents.

 

Whether a FM is required or placards or other documents are deemed adequate will be determined by what was required by the certificating authority when the particular aircraft was first flown.  For some aircraft in Australia, this will mean that a FM is no longer required if it was not required by the original certificating authority, but was subsequently required by CASA or its predecessors.

 

The minimum flight information that must be provided is specified in the applicable airworthiness design standard for each aircraft type and model.

 

For aircraft certificated by the NAA of a recognised country, CASA will accept flight manual information approved by that authority.  Recognised countries are currently gazetted as the United States of America, Canada, The United Kingdom, France and the Netherlands.  For flight manual information from the NAA of a non-recognised country, CASA will approve that data once satisfied.  For flight manual information generated in Australia, CASA or an authorised person must approve the data.  Only approved data may be incorporated in AFMs.

 

The proposal will change the way CASA manages FMs, in that CASA will cease to issue AFMs for individual aircraft, or to hold copies of individual AFMs.

 

CASA Central Office will only hold and maintain a master FM for each aircraft type that has been certificated or validated in Australia. 

CASA District Offices will only hold and maintain, upon notification by the C of R holder, a record of the effective AFM pages and supplements applicable to each aircraft.  Similarly, CASA Regional Engineering Office (REOs) will only hold a copy of locally approved Flight Manual Approved Information (FMAI).

 

Certificate of Registration holder’s responsibilities

The C of R holder will have the responsibility to ensure that all applicable information is provided in the aircraft to the operating crew, and that the data:

·    Is approved data.

·    Contains the limitations and conditions for safe operation of the aircraft.

·    Includes any required amendments or supplements to reflect the actual configuration of the aircraft.

·    Is current.

If an AFM is required, the C of R holder will be required to have the individual AFM approved by CASA or an authorised person at C of A issue, by insertion of an approval page.

 

Whenever an alteration to the AFM is required, C of R holders will be required to ensure that approved flight manual information, applicable to the particular aircraft, is incorporated in the AFM.

 

The C of R holder will be required to advise CASA of the list of effective pages and supplements at C of A issue or when any amendments are made to the AFM, or supplements are incorporated.  This information will be placed on the aircraft file held by the relevant CASA District Office.

 

Weight and balance

The certification weights and centre of gravity limits must be contained in the AFM, placards or other documents.  However, the approved loading data will be able to be contained as a non-approved section in the AFM, or in placards or other documents.  Approved and non-approved data must be clearly identified.

 

Additional operational performance data or limitations

Operational performance data or limitations, additional to that required by the design standards applicable to the aircraft (for example as required by CAO 20.7.4), will no longer be required to be in the AFM.  If required by CASA, such information may be held as a non-approved section of the AFM or in other documents such as operations manuals.  Approved and non-approved data must be

clearly identified.

 

Airspeeds

Previous Australian legislation required that airspeed limitations be presented in AFMs, placards and indicators as Indicated Airspeed (IAS).  However, many aircraft manufactured in the USA have manufacturers’ manuals, placards and instrument markings that present the information in Calibrated Airspeed (CAS).  It is proposed to permit either IAS or CAS.

 

The difference between CAS and IAS will be small at practical operating speeds because there is a requirement which limits any disparity.

 

At all speeds above 1.3 times the stalling speed, the difference between calibrated and indicated airspeeds cannot exceed 3% or 5 knots, whichever is greater (CAR 3.663 and FAR 23.1323 refer).

 

At speeds below 1.3 times the stall speed, the difference between IAS and CAS may exceed 3% or 5 knots.  However, the difference is tolerated in all major aircraft certification standards, and there are few such speeds which are stated in FMs.  Stall avoidance is achieved through stall warning, rather than reliance on the airspeed indicator.

 

Thus no significant safety degradation would occur to permit CAS.

 

Units of Measurement

The current requirement is that if a flight manual is to be prepared specifically for use in Australia, the data it contains should, where practicable, be presented in the following units:

 

Weights	Kilograms
Aeroplane dimensions	millimetres
Distances (e.g. landing)	metres
Liquid quantities	litres
Speeds	knots
Altitudes and vertical distances	feet
Rate of climb	feet per minute
Pressures	kilopascals
Temperatures	degrees Celsius

 

Adoption of the proposals contained in this NPRM has implications for the units of measurement used in flight manuals, placards and in instrument markings.  In an ideal world, all aircraft would have a uniform and consistent set of units.  However,

adoption of the proposals may mean a variety of units will be used.  Some aircraft may even have different units used in manufacturer supplied AFMs and placards than their current Australian instrument markings.

 

CASA would still require that airspeeds be marked in the Airspeed Indicator (ASI) as knots, wherever practicable.  However, CASA has permitted some old aircraft to have the units for airspeed as miles per hour, for reasons of historical accuracy and

appearance.  In any case , the ASI has coloured markings to indicate the important speeds and speed ranges.  CASA would also require altitude to be expressed in feet.

 

There would be significant costs to industry if all manuals, placards and markings were required to conform to the preferred set of units.

 

 

Radio System Operating Limitations (RSOL)

CASA proposes that RSOL pages will no longer  be required to be inserted in

 

AFMs.  These pages serve little useful purpose to industry.  When RSOL pages were introduced, most radio equipment used valves and high voltages which resulted in the potential for equipment failure at high altitude due to internal arcing.  In addition, manufacturers did not always perform all the testing to demonstrate suitability for use in all aircraft environments.  The limitations were thus often not based on test results, rather than known actual problems.  Equipment failure, rather than erroneous indications, would be the normal worst case result of operating equipment beyond the current limitations.

 

RSOL pages were also used as a means of checking for equipment installed in aircraft.  However, equipment lists are not required in AFMs (see next paragraph), thus RSOL pages are not appropriate.  The permanent records of the aircraft are the appropriate place to list the equipment fitted.

 

Equipment lists

Equipment lists will only be required where required by the airworthiness standards applicable to the aircraft.  The permanent records of the aircraft are the appropriate location for information as to what equipment is fitted.

 

Door-off supplements

CASA and its predecessors previously approved operation of certain aircraft with windows or doors opened or removed, by issuing supplements to be inserted in the AFM.  CASA will no longer issue these supplements.  If an operator wishes to engage in door-off operations, then the C of R holder must either obtain the appropriate manufacturer’s data and supplement, use an existing CASA approved supplement, or have an engineering assessment and supplement prepared and approved.

 

Carriage of the aircraft flight manual on the aircraft

Provided that the aircraft carries an operations manual or placards or other documents containing the information required to be presented to the operating crew in the aircraft, then an exemption against carrying the AFM on board the aircraft will no longer be necessary.  Formerly, an exemption had to be applied for under CAR 139.

 

Australian amendments and supplements to be approved by CAR 35 authorised persons

Persons having an instrument of appointment under CAR 35, when approving the design of modifications and repairs, will also be required to approve any FM supplement or change required as a result of the modification or repair.

 

Performance charts

CASA will no longer supply performance charts.

 

CASA will only require take-off and landing performance data to be contained in the AFM if required by the airworthiness standard applicable to the aircraft.

 

When such data is required, CASA will accept the adequacy of approved data without additional factors.

 

 

Supplements for aircraft without a flight manual

If an approved flight manual supplement is required due to fitment of a modification or STC, but the aircraft is not required to have an AFM, then the supplement will be required to be made available to the operating crew in the aircraft.  A manual containing all supplements will be required.

 

5.    Persons affected

The most significant change is that C of R holders will have the responsibility to ensure that the information on the limitations and conditions necessary for the safe operation of the aircraft is available to the operating crew in the aircraft.  Advice as to what this should be, or the manuals or placards required, can usually be obtained from the aircraft manufacturer or the manufacturer’s representative.  The Type Certificate Data Sheet (TCDS) for each aircraft type and model usually lists the

FM or placards required.  Many maintenance organisations have access to this data through aircraft technical documentation suppliers.

 

Manufacturer’s amendments, where available, are either issued free to registered owners, or by an annual subscription to the amendment service.  Where a flight manual amendment or supplement is required by the incorporation of a manufacturer’s service kit, or a STC or modification, the amendment or supplement is usually supplied with the installation kit.

 

Pilots and other operating crew will need to be aware that some aircraft may now not have an AFM if it was not required by the original certificating authority, and that the information may now be in the form of placards or other documents.

 

Pilots, other operating crew and operations staff of aircraft that have CASA required additional performance data or limitations, or weight and balance loading information, will need to be aware that such information may be contained as non-approved sections in the AFM, placards, or in other documents such as operations manuals.

 

Persons having an instrument of appointment under CAR 35 for the approval of the design of modifications and repairs will have their instrument of appointment varied to include the appropriate authorisation and a requirement to approve flight manual amendments and supplements, when such are required as a result the design of a modification or repair.

 

Holders of Type Certificates will be required to keep CASA informed of changes to FMAI.

 

CASA staff will be affected in that CASA will no longer issue or maintain copies of individual AFMs, supplements or amendments.  CASA District Offices will hold returns of changes to the AFM, placards or other documents on individual aircraft files.

 

CASA District Office staff will be able to obtain advice as to the current issue status and applicability of approved flight manual information by access to the Aircraft Flight Manuals Status Register shared drive on CASA’s internal computer network (when this service becomes fully available), or by telephone or fax in the interim.

 

6.    Transition arrangements

CASA proposes to cancel all aircraft flight manuals that were issued by CASA or its predecessors, where no AFM is required, (ie., for aircraft up to 2722 kg (6000 pound) MTOW with no flight time prior to 1 March 1979).  These manuals are unnecessary, and are costly and time-consuming to maintain.

 

             There will be a transition period of 12 months after the effective date of the new

             legislation to enable C of R holders to make arrangements to ensure that up to date information is available in the aircraft to the operating crew.  CASA will cease to provide directions to amend these AFMs. The C of R holder will be required to ensure the AFM is kept current during this period.

 

Other CASA approved AFMs will remain valid.  However, CASA will cease to provide directions to amend such manuals.  The C of R holder will be required to keep the AFM current.

 

C of R holders may elect to obtain and use the manufacturer’s AFM, in

which case CASA will cancel the existing AFM approval, and CASA or an authorised person will issue an approval page for the new AFM, if found to be adequate.

 

7.    Legislative change

Legislation will be written to give effect to the airworthiness initiatives contained in the final rule that will be developed following receipt and consideration of responses to this NPRM.

 

It is anticipated that various amendments will be required to the following existing legislative documents:

·      Civil Aviation Regulations

·      Civil Aviation Orders

Legislation will be developed to ensure that there is no possibility of a pilot being required to comply with any foreign law.

 

In addition, changes will be required to CASA’s internal procedures manuals.  New advisory material will also need to be written.

 

8.    Costs and Benefits

Costs

The proposed changes will result in no additional costs to C of R holders who already subscribe to manufacturers’ update services.  Many C of R holders already subscribe to manufacturers’ flight manual update service to obtain those amendments to be inserted in the AFM, formerly directed by CASA to be inserted, but not provided by CASA.

 

Some C of R holders would have to subscribe to a manufacturer’s flight manual update service.  However, for simple aircraft this is not considered expensive.  It is often free to registered owners, or is less than $100 per annum.  In practice, there is

very little change to flight manuals, placards or POHs for old light aircraft.

 

Usually, the cost of any flight manual amendment or supplement required as the

result of installation of a manufacturer’s modification kit or an STC is included in the cost of the installation kit.

 

Benefits

The benefits of adopting the general approach outlined in this NPRM include:

·     Considerable time and cost savings to industry in not having to prepare unique Australian aircraft flight manuals, and supplying copies to CASA.  Note that for new type certifications, a copy of the original FMAI for the type will still need to be provided to CASA, and a commitment received from the Type Certificate holder to supply amendments to CASA as part of the continuing airworthiness arrangements.

·     Significant time and cost savings to industry where an AFM would not now be required because the information was approved in another form, eg placards, by the certificating authority.

·     Simplification of paperwork associated with modifications to the radio systems.

·     Significant savings for CASA in not storing or amending individual AFMs in District Offices.

·     Significant staff savings for CASA in not issuing individual AFMs, supplements and amendments which have already been approved by the NAA of a recognised country.

·     Significant savings for CASA in not writing to C of R holders directing them to incorporate amendments which have already been approved by the NAA of a recognised country.

CASA cost-recovery revenue from former flight manual issue and amendment activity would be expected to decrease significantly.  This would be, of course, a direct saving to industry.  The cost savings for CASA in human resource and storage requirements will easily offset this loss of revenue, and allow CASA to focus on more safety-related activities.

 

9.    Compliance

The transition arrangements described in Section 6 (page 13) will apply.

 

For all new applications for a Certificate of Airworthiness (C of A), compliance with the proposed AFM requirements will be initially secured as part of the process of issuing C of As.  Before C of A issue, CASA or an authorised person will determine the adequacy of the flight manual, placards or other documents presented.

 

CASA or an authorised person will issue a flight manual approval page for the individual aircraft, if an AFM is required and found to be adequate.  That person will require evidence that the C of R holder will receive any manufacturer’s flight manual amendment service

 

The C of R holder will have the responsibility to keep the AFM current.

 

CASA will check flight manuals, placards or other documents of Australian aircraft when conducting ASSP audits and ramp checks.  This is to ensure the required information is in the aircraft, is available to the operating crew, and is being kept current to reflect the configuration of the aircraft.

10.  Effect on the environment by implementing this proposal

The proposed changes to the management of flight manuals will not create any discernible change to, or impact on, the environment, apart from an expected reduction in paper usage.

11.  How to submit comments on this NPRM

CASA is seeking comments on this proposal from the aviation industry and the general public before proceeding further.

 

This Notice of Proposed Rule Making process is a notification and consultation procedure.  All submissions will be evaluated and assessed with a view to incorporating any necessary changes to the draft regulations prior to their formal promulgation as law.

 

In order to simplify collation and summarising of comments, responses should be made on the NPRM response sheet provided (see page 17), or a copy of the sheet, with additional comments attached as necessary.

 

Written comments quoting NPRM 9801AW should be forwarded by close of business on Monday 2^nd March 1998 to CASA by one of the following means: