Description of USA and European Aviation Framework Module 10 Aviation Legislation
User ID:ega987810/09044337
Table of Contents Introduction................................................................................................................................1 Summary................................................................................................................................2 EASA Part 66 and FAR Part 65.............................................................................................2 EASA Part 66.....................................................................................................................3 FAR Part 65........................................................................................................................6 Boeing or Airbus..................................................................................................................11 EASA Part 145 and FAR part 145.......................................................................................12 Advantages and Disadvantages of EASA............................................................................13 Advantages and Disadvantages of FAA...............................................................................14 Proposal................................................................................................................................17 Conclusion............................................................................................................................17 References................................................................................................................................19 Bibliography.............................................................................................................................19 Bibliography
User ID:ega987810/09044337
Introduction Aircraft have been on an evolutionary chain ever since 1903, where the wright brothers were the 1st to make a successful powered and controlled flight. Since then demand has increased dramatically as a military advantage, international commercial transport and trade. With the increasing number of recorded accidents and fatalities it came apparent that aviation had to be regulated to ensure a reliable and safe means of transportation.
In 1944 the Chicago convention assembled where 52 states arrived to discuss a number of aspects concerning aviation safety. The International Civil Aviation Organisation was the outcome of the convention where ICAO was devised on, 6th of June 1945 and it was in operation by the 4th of April 1947 when ICAO came into being. ICAO then became a specialized agency with the United Nations in October 1947. ICAO developed Standards and recommended Practices. The SARPS are the minimum requirements and they are divided into 18 Annexes, each of which explains in detail what rules and regulations have to be followed. Each country would abide by these standards and tailor them to their needs. They are known as National aviation Authorities (NAA’s).
In this assignment I will discuss two recognised NAA legislative structures to the chief executive of a Middle Eastern airline. It will propose which framework of legislative structure to pursue in order for international operations on commercial aircraft which is greater than 5700kg’s. The two legislative structures the assignment will discuss are the 1 User ID:ega987810/09044337
Federal Aviation Authority (FAA) for the USA and the European Aviation Safety Agency (EASA) for Europe. Before EASA there was the Joint Aviation Authority the JAA had no legal regulatory authority. JAA’s airworthiness directives and standardization of NAA’s have transferred to EASA where EASA has legal regulatory authority within the European Union.
Summary To set up an FAA or an EASA legislative structure there are 3 major foundations needed: i) A qualified training centre which is monitored by the National Air Authority (NAA) for continual compliance. ii) Certified maintenance engineers who are in compliance with the legislative structure and who have achieved all the prerequisites and are certified by the NAA. iii) A certified maintenance organisation where work on aircraft is carried out and documented appropriately which is monitored by the NAA for continual compliance.
EASA Part 66 and FAR Part 65 In order for aircraft to be released to service there has to be certified aircraft maintenance engineers in place to sign for a certificate of release to service. An aircraft engineer has to go through a training course and work experience on aircraft and once all the prerequisites are met that engineer will be issued a license from his national aviation authority. That license shows he is competent and is authorized to sign for a certificate of release to service. EASA part 66 and FAR 65 vary quite differently in 2 User ID:ega987810/09044337
certifying aircraft maintenance engineers on how they are trained, the roles of their duties and there titles.
EASA Part 66 EASA part 66 certifying engineers are initially trained in a certified EASA Part 147 training centre organisation gaining theoretical knowledge. Applicants will be given multiple choice exams where they must achieve a grade of 75% and above. Some modules require an essay such as Module 10, Air Legislation. This shows the competence of the applicant to write reports in an understandable manner and there indepth knowledge on the topic, for example filling out EASA form 1. Depending on the module and license the applicant is applying for, there are 3 levels, 1, 2 and 3, the exam will be in conjunction with those levels with that particular module. Applicants will also be given assignments throughout the course which will demonstrate their in-depth knowledge of the topic. There are 4 categories of licenses:
•
Category A ➢ A certified A license engineer is one who carries out minor scheduled line maintenance. He is able to rectify simple defects and issue a certificate of release by another qualified A or B1 licensed engineer. He would have to complete a minimum of 800 hours’ work experience on aircraft either in a part 145 or 147 organisation.
•
Category B1 ➢ A certified B1 licensed engineer is one who carries out base maintenance. He automatically has the skill sets required for an A license holder which entitles 2
User ID:ega987810/09044337
him to certify line maintenance. He is able to carry out maintenance on the airframe, mechanical components and powerplant. He is able to interchange Line replacement units and carry out serviceability checks and amongst other electrical systems, such as fault finding. Another B1 licensed Engineer would review and certify his work and sign the certificate of release form. A B1 engineer would need to complete 2400 hours of work experience before he would be issued a B1 license. •
Category B2 ➢ A certified B2 licensed engineer carries out maintenance on avionic equipment and electrical systems. Another B2 Licensed engineer will assess his work and issue a certificate of release. A B1 engineer would need to complete 2400 hours of work experience on avionic and electrical systems before he would be issued a B2 license.
•
Category C ➢ A certified C licensed engineer is the engineer who does the final check on the aircraft and gives the final signature of EASA form 1 the certificate of release to service CRS/SMI. In another way of putting a C licensed engineer they certify Base maintenance. C licensed engineers would not be able to certify any maintenance regarding overhaul. There are exceptions which are listed in subpart Leaflet H-20, BCAR Section L, Paragraph 4.4. A C licensed engineer would have to of complete 3 years work experience acting as a B1.1, B1.3 or B2 license or both in order to achieve the C license. He may also take the academic route where he has to have a degree and have worked in an aircraft maintenance environment and is required to take 2
User ID:ega987810/09044337
an examination. He would also need to monitor base maintenance for 6 months.
•
Category D ➢ A Category D licensed engineer carry out overhaul maintenance, where he/she or another D licensed engineer may certify the certificate of release to service.
Categories A and B1 are subdivided into subcategories which are specific licenses to work on aeroplanes, helicopters and whether they are powered by turbine engines or piston engines. The subcategories are as follows:
•
A1 and B1.1 Aeroplanes Turbine
•
A2 and B1.2 Aeroplanes Piston
•
A3 and B1.3 Helicopters Turbine
•
A4 and B1.4 Helicopters Piston
After all modules are completed and passed he has to complete 20 weeks’ worth of work experience on aircraft outside the part 147 organisation, but in an approve part 145 organisation. This will entitle him to the certificate of completion providing he has above 85% attendance. He may then send of his log book to his NAA were everything will be reviewed and if everything checks out he should receive his license. Some NAA’s require more stringent rules such as the CAA where once one has received the certificate of completion he must go through another 2 years work experience on aircraft 2 User ID:ega987810/09044337
before handing in his logbook for review. When the applicant gains his license he is still not able to sign a certificate of release. There is another requirement from EASA were licensed engineers must take a type rating course, they must pass the exam by obtaining 75% and up. This means he/she must take another training course on a specific aircraft for example Airbus A320. Once the engineer has passed the type rating course he would then meet the standards of EASA where he can sign the certificate of release form.
With the vast knowledge gained during theoretical training licenced Aircraft Maintenance Engineers are able to be shuffled around in the hanger doing different tasks. This enables the engineers to be able to work on different systems on an aircraft. This prevents or limits the need to call in specialists to carry out tasks and also motivates staff for they are not doing the same job and procedure day in and day out.
FAR Part 65 The FAA is quite different compared to the EASA’s way of certifying engineers. The FAR part 65 certifying applicants go through a lot of on the job training where they gain work experience on aircraft in an FAR part 147 organisation, certified by the FAA. This is an advantage for those FAA applicants. If they do not succeed in passing the license requirements they would have gained experience on maintenance based on his attendance. An organisation may choose to employ him but he/she will be unable to certify his work and would have to be supervised by a licensed mechanic.
2 User ID:ega987810/09044337
The FAA issue 3 types of licenses which are airframe mechanic, powerplant mechanic or and airframe and powerplant mechanic which is designated as an A&P license. In order to achieve the license an applicant would have to:
•
Complete 18 months of on job training and successfully within an approved FAR part 147 organisation.
•
Produce and pass a written test in conjunction with the rating the applicant is seeking.
•
Finally a knowledge based test which is a multiple choice format test. It is done on a computer and there are 3 type of tests: ➢ General (Mandatory) ➢ Airframe ➢ Powerplant
•
Make an appointment with the local Flight Standards District Office (FSDO) where they will provide evidence of the passed knowledge based test and written test with an 8610-2 form filled out.
•
An interview will take place with a Designated Mechanic Examiner and Airworthiness Inspector (AI) who will assess you according to the license the applicant is pursuing.
•
The Designated Mechanic Examiner will carrie out a practical exam in the part 147 organisation.
An applicant must achieve 70% and over in all test areas and satisfy the interviewer in order to hold an A&P license. This must all be done in the space of 24 months. It is a
2 User ID:ega987810/09044337
quicker route than EASA Part 66 and more cost effective which is what all business organisations look for.
The role of an airframe mechanic would carry out maintenance on airframe components such as wing, hydraulics, landing gear and control surfaces. They may maintain and certify their own work. They would not be able carry out any maintenance on powerplant unless they are supervised by a certified powerplant licensed holder, where that licensed holder would certify it.
The role of a powerplant mechanic can carry out maintenance in regards to reciprocating engines and turbine engines. He/she would not be authorised to do any airframe maintenance unless also supervised by a licensed airframe certified mechanic.
An airframe mechanic and powerplant mechanic known as an A&P mechanic can do both maintenance and certification to release to service on airframe structures and powerplants and needs no supervision unless it is a major repair were an Inspector Authority would take a 1st initial look and advise the A&P mechanic.
All three types of licensed mechanics had to of taken the general test in the knowledge based multiple choice exam. This includes mainly maths, physics and basic electronics the same as what a B1 licensed engineer would have to of taken. The A&P engineer is authorised to do some electrical jobs and certify that to the extent of his knowledge such as fault finding for example. Once the fault has been found let’s say the altimeter is
2 User ID:ega987810/09044337
faulty he would have to call in a repairman to carry out maintenance on that electrical component.
A repairman is not an A&P mechanic and is not equivalent to a B2 engineer. A repairman is one who is certified and recognised only by that particular 145 repair station. A repairman is a specialist in a certain field. Before becoming a repairman that individual could have knowledge he gained from a previous job in communications, or was not able to pass the exams in order for him to obtain his license. The part 145 organisation would take the responsibility of training him for 18 months supervised by a certified repairman in that specialised field. Any work carried out by the applicant would be certified by the certified repairman who is supervising and training him/her. Once the supervisor is satisfied he/she would setup an interview by a representative in the FAA who has extensive experience and be given an oral exam. When the applicant has satisfied their needs he would be a certified repairman in that field he gained training in and experience. He would then give a certificate of release to service of components and not the aircraft itself.
A&P mechanics have the disadvantage when it comes to calling a repairman to do a task which they are not qualified to do. This costs more money to certify repairmen for specialist qualifications such as communications, ECAM systems, propellers etc. An A&P mechanic may not do any maintenance on a propeller where as a B1 engineer can, he may do minor repairs on them. A repairman would have to carry out any inspections and maintenance on propellers and only he may issue a certificate of release to service. 3 User ID:ega987810/09044337
Once an Aircraft has completed all maintenance and has been certified by the appropriate A&P licensed mechanics, those certified documents may be presented to an Inspector Authority (IA). The IA is the almost equivalent to a C licensed Engineer, he will carry out the final inspection on certified maintenance and issue certification of certificates of release to service. An IA would lack the knowledge of B2 engineers that is why “almost equivalent” is mentioned. The IA would not be able to certify any major repairs, the major repairs are certified by the repairmen attached with the certificate of release to service a Form 337. Form 337 details the operation which took place during the major repair or alteration.
An IA would have to have already acquired an Airframe rating and a Powerplant rating in order to be eligible. In order to obtain the license as an IA he/she would have had to work as an A&P mechanic for a minimum of 3 years in a certified far 145 organisation. An AI would then be required to take an exam approved by the FAA which lasts for 3 hours and there are 50 questions. The A&P mechanic must obtain 70% and over in order to qualify. The IA must go for renewal every two years where he must present an 8610.1 form showing and show documentation that he is in compliance with 14 CFR §65.93. He must show inspection authorization on either 4 annual inspections or 8 major repairs/alterations on his 8610.1 form. The IA may attend an 8 hour training seminar if he has not been engaged in certification of release to service as an IA.
2 User ID:ega987810/09044337
Unlike EASA licensed engineers, A&P mechanics and IA’s are not required to hold a type rating on aircraft. It is not a requirement by the FAA that a Mechanic should hold an aircraft type rating.
Boeing or Airbus An aircraft has to hold a full Certificate of Airworthiness to be legally able to fly commercially. The aircraft in question above 5700kg would have to meet the requirements of CS-25 which are the design requirements and Part-21 which details the type- certification requirements. There are Bilateral Aviation Safety Agreements (BASA) between the FAA and EASA for airworthiness. The aircraft would then go through a type certification process where the CAA will investigate the aircraft on behalf of EASA to see whether or not the aircraft meets or exceeds the design requirements. The investigation also includes inspection on aircraft maintenance schedules and manuals for engineers and pilots. Depending whether you want your organisation to have Airbus or Boeing aircraft it would not have an affect whether it be EASA or FAA as your framework.
EASA Part 145 and FAR part 145 A part 145 organisation is where base maintenance on aircraft is carried out. There is no major difference between the 2 aircraft maintenance organisations. Both organisations need to set the same standards when it comes to maintaining the aircraft. A part 145 organisation would possess the same facilities and equipment in order to maintain the aircraft. The environment within the AMO would also have to meet a 3 User ID:ega987810/09044337
certain standard which satisfies the human need and the aircrafts need. The part 145 organisation is a certified base to carry out maintenance where only certified personnel are able to issue a certificate of release to service (CRS). Both are needed in order to certify the aircraft. Part 145 organisations have 2 types of audits internal and external, in the UK the internal audit is Air Safety Review Board (ASRB), this includes members such as the CEO, Safety Managers and heads of departments. It is the highest safety related meeting and it is there to see if their SMS is functioning correctly and that there safety related objectives are achieved. They would also address any problems which hinder the organisation to achieve a safer environment. More information regarding ASRB is in the document CAP 712 Appendix E. The external audits within the UK are carried out by the Safety Regulatory Group (SRG) they meet with managers lower in the chain such as a line and base maintenance engineer. The SRG is a group part of the CAA which is a requirement by EASA that each NAA should have. The SRG advise of aviation safety related issues and address risks which have been appointed by staff members. They have the authority to suspend or shut down the organisation if unsafe acts are being carried out. More information on SRG is found in CAP 712 appendix F. Audits are carried out to ensure the organisation is meeting up to all safety standards and to see whether they are meeting quality assurance.
Advantages and Disadvantages of EASA
2 User ID:ega987810/09044337
With EASA it would cost more money and more time to implement. The main reason why it takes longer to implement is because when an engineer has completed all his modules in a part 147 organisation and receives his certificate of completion, he is also required to complete 2 years’ experience on aircraft before he can receive his licence from the NAA. It would cost more money because while staffs are being trained subcontracting from other areas of the world would have to take place in order to run the part 145 organisation. Compared to the FAA, EASA has more stringent rules and regulations in place which also makes it longer to implement which in turn makes them a stricter governing body.
Technology on aircraft is advancing on a day to day basis. With these advancements coming out on new aircraft such as Boeing 787 Dreamliner and Airbus A380, engineers need to know how to maintain such advancements in order to manifest themselves in today’s world. EASA is adding new material to be learnt within the modules to keep future engineers up to date with the ever growing technological advancements, by adding new chapters in the relevant modules. For example for module 11a there are 3 new chapters Integrated Modular Avionics, Cabin Systems and Information Systems. This is being done so individuals who enter the industry have a better up to date knowledge which will enable them to work on present technology. The Airline would not need to dedicate themselves and spill out revenue in putting their staff on a training course to specialize in the entertainment system for example, for they already have extensive knowledge on the system. With the extensive theoretical training the engineers undertake it allows them to work on a variety of areas on the aircraft which will save the airline money. For example A&P 2 User ID:ega987810/09044337
licenced mechanics are not able to minor repairs on the propeller assembly. They would need to call in a repair man to undertake the task. It is also a requirement from EASA that the part 66 training course includes Human Factors and Legislation. This prepares them on how an engineer should behave in that sort of environment and how the system works as a whole. There is a training guide on the FAA site for Human Factors, however it is not a requirement by the FAA and an A&P licensed mechanic is not required to undergo any tests.
Advantages and Disadvantages of FAA Setting up an FAA based framework is more cost effective and less time consuming. The reason behind this is that an applicant who wants the license can do it within 24 months within an approved FAR Part 147 organisation. The mechanics that enter the field of Aircraft maintenance have already had on job training where they have more practical experience on working on aircraft than an EASA part 66 trained engineer.
It is not a requirement within the FAR part 65 that they must do a course in Human Factors and Legislation. Most airlines would require such training for already licensed mechanics and this is approved by the FAA. The FAA also has a training course on human Factors on their website. The A&P mechanics do not have an extensive theoretical knowledge compared to a B1 or B2 licensed engineer so because of this there would be a necessity to employ more repairman for different sets of tasks. By needing to do this it would cost the airline more money employing these extra staff for specialized jobs. For example a repair man would have to be called in to do a minor repair on a propeller blade. The theoretical testing procedure is not as stringant as 3 User ID:ega987810/09044337
EASA’s, applicants need only to receive 70% while EASA part 66 requires 75% in order to pass. When required applicants may also use a calculator as an aid but EASA prohibits such luxuries.
The main disadvantage now a days is that the FAA are not permitted to certify new foreign repair stations which has been ruled by the US Congress.
“SEC. 1616. REPAIR STATION SECURITY. (a) CERTIFICATION OF FOREIGN REPAIR STATIONS SUSPENSION.— If the regulations required by section 44924(f) of title 49, United States Code, are not issued within 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration may not certify any foreign repair station under part 145 of title 14, Code of Federal Regulations, after such date unless the station was previously certified, or is in the process of certification by the Administration under that part. (b) 6-MONTH DEADLINE FOR SECURITY REVIEW AND AUDIT.— Subsections (a) and (d) of section 44924 of title 49, United States Code, is amended— (1) in each of subsections (a) and (b) by striking ‘‘18 months’’ and inserting ‘‘6 months’’; and (2) in subsection (d) by inserting ‘‘(other than a station that was previously certified, or is in the process of certification, by the Administration under this part)’’ before ‘‘until’’.” 2 User ID:ega987810/09044337
Implementing Recommendations of the 9/11 Commission Act of 2007, SEC. 1616.
With this rule in place FAA are not able to certify new foreign Repair stations and are bound by law till US congress eliminates the rule. This rule has been implemented ever since the August 3rd 2008 where congress demanded the Transportation Security Administration to finalize repair station security rules. They did not meet the dead line and as of now it is still not allowed to certify new foreign repair stations.
Proposal Dear acting CEO of Middle Eastern Airline, With the report presented to you I propose the EASA framework. Although more costly to implement the advantages outweigh the disadvantages. Subcontracting would be necessary unless your nation has already trained EASA licensed Engineers. It would take a maximum of 5 years to have your own trainees to be licensed in accordance to part 66. This also depends on the rules of your NAA to issue licenses.
Regards, Zeus (Managing Consultant)
3 User ID:ega987810/09044337
Conclusion Based on the report which has been presented to the reader I would advise an EASA framework to be put in place so that the airline can start international operations. Although both FAA and EASA have good safety records and that the FAA would be more cost effective and will take less time to implement; it’s the authors’ judgement that EASA would be a more beneficial candidate. EASA would be a more beneficial candidate because they are keeping up to date with the technological advancements in training the future engineers. There are more stringent rules and regulations set in place to achieve safety. For example it is a requirement by EASA that there should be duplicate inspections while the FAA an A&P mechanic can sign of his own work unless the aircraft maintenance manual stipulates otherwise. The rules and regulations for EASA are evolving at an alarming rate to achieve safer air travel and to meet the technological demands of today’s world. United Arab Emirates have also employed the EASA type framework, they’re NAA is the General Civil Aviation Authority. For a country in the Middle East under a new FAA structure it may cause a dispute and delays in by the UAE’s NAA in allowing them to operate. There are bilateral agreements with EASA and FAA but not between each NAA. NAA’s exceed the EASA requirements which may compromise the FAA structure in operating sooner than an EASA framework due to paper work (legislation). This would have an adverse impact on business relations and would cost more money to run rather than implementation.
1 User ID:ega987810/09044337
As mentioned earlier with the FAA structure it is more cost effective and takes less time to implement, but unfortunately due to terrorism the US congress has banned new foreign repair stations. Having the FAA as a framework for your organisation is not an option.
References
Implementing Recommendations of the 9/11 Commission Act of 2007, SEC. 1616. Accessed on:http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? dbname=110_cong_bills&docid=f:h1enr.txt.pdf http://www.arsa.org/node/794 Accessed on (08/02/2012)
Bibliography EASA Part 145 Document
Accessed on (18/11/2012)
FAR Part 145 Document
Accessed on (18/11/2012) 2
User ID:ega987810/09044337
EASA Part 66 Document
Accessed on (18/11/2012)
FAR part 65 Document
Accessed on (18/11/2012)
CAP 712 section 2.7
Accessed on (18/11/2012)
CAP 562
Accessed on (18/11/2012)
http://www.easa.eu.int/rulemaking/docs/international/uae/IP%20GCAA.pdf Work Arrangement between GCAA and EASA.
Accessed on (13/11/2012)
2 User ID:ega987810/09044337
2 User ID:ega987810/09044337
