207-Minute ETOPS --Docket No. FAA–2002–6717; Notice No. 03–11

The General Aviation Manufacturers Association (GAMA) filed a response to the FAA's ETOPS NPRM as the comment period came to a close. Their response shows an intriguing study of an issue that is sure to remain somewhat contentious as the FAA finally considers the comments to this proposed rule.

Herein, their comments: 

General

GAMA is pleased that the FAA published the subject Notice in close compliance with the recommendations of the ETOPS ARAC. However, FAA’s failure to also publish the advisory material drafted by the ARAC makes it difficult for operators and manufacturers to fully understand and assess the impact of the proposed rule on existing operations.

GAMA notes that the ARAC was tasked with developing new regulations for long-range operations conducted in accordance with 14 CFR Part 121 and for 14 CFR Part 135 (et. al.). Part 121 long-range operations have been governed by FAA advisory circulars for many years and are widely understood. On the other hand, FAA has never provided guidance or regulations for on-demand, long-range operations flown in accordance with Part 135. These two very different communities have a very different “awareness” of long-range operating procedures.

GAMA recommends that FAA begin influencing long-range flights conducted in accordance with 14 CFR Part 135 with advisory material only. When FAA field inspectors and airplane operators gain experience, the applicable advisory material could be converted to regulations. This is exactly what was done with Part 121 operators and manufacturers.

Long-Range Threshold

GAMA agrees that the appropriate threshold for new guidance and rules governing long range operations of flights conducted in accordance with 14 CFR Part 135 should be 180 minutes. GAMA also agrees that any flight that takes-off and lands at an airport located within the continental U.S. should be excluded from the proposed ETOPS regulations. The richness of the U.S. airport and air traffic infrastructure ensures that these flights will be within 180-minutes of an acceptable airport, thereby easing the burden of compliance on Part 135 operators that do not have FAA approval or airplanes that are capable of operating on international routes.

Safety Justification

After reviewing world-wide accident data for turbojets seating fewer than 20 passengers involved in on-demand, commercial operations, GAMA notes that these airplanes have never experienced a fatal accident.

We note, however, that there have been some fatal accidents involving these same types of airplanes while involved in private use, all involving human error in decision making, flight planning or pre-flight inspection/servicing.

Unless there is adequate safety justification, new standards or rules promulgated by the FAA should not unduly impact existing operations. And if safety justification exists, the adverse impact of new guidance, rules or regulations should be the minimum needed to achieve the desired level of safety, especially for current operations.

For non-scheduled, long-range operations currently allowed under CFR 14 Part 135, GAMA has concluded that adequate safety justification for new long-range standards exists. (As noted above, publishing guidance material only, at least initially, would adequately resolve potential safety problems while minimizing economic burdens.)

GAMA is aware of reports of certain flights that were operated over isolated areas, lost a critical system enroute, but safely arrived at their destination, albeit with marginal fuel reserves. If these flights had encountered an unlikely, but still possible failure of a second critical system, or unpredicted weather conditions at the destination, an accident might have occurred. While these reports center around a single failure, and the aircraft was therefore able to safely land, GAMA agrees with the FAA that for commercial operations, a single failure should not degrade the margin of safety.

Phase-In

GAMA also agrees with the FAA that international standards, expressed in the Standards and Recommended Practices (SARPS) published by the International Civil Aviation Organization (ICAO) require the FAA to establish the maximum distance a commercially-operated aircraft can fly from an airport. However, ICAO specifically allows a “phase-in” period for such regulations. The FAA should adopt such a “phase-in” by first adopting advisory materials and then moving to regulations for Part 135 long-range operations.

GAMA also agrees with the FAA that the best method of implementing long-range procedures on Part 135 operators is to allow them to continue to operate aircraft for long-range operations in their existing fleet for 8 years, but during this period, comply with the proposed operating guidance. After that date, these airplanes would be limited to a maximum of 180 minutes.

Due to the fact that Part 135 operators are unfamiliar with many of the concepts and procedures outlined in the NPRM, FAA must not implement this material for a minimum of two years. This will allow time to train FAA inspectors and for Part 135 operators to develop appropriate procedures. Only after this “training” time should the eight-year period begin.

Nomenclature

GAMA also agrees with the FAA that on-demand operations in aircraft less than 20 seats, conducted under CFR 14 Part 135, are significantly different than those conducted under 14 CFR Part 121 or 129. Accordingly, proposed regulations governing long-range operations must be specifically tailored for on-demand operation of turbofan airplanes seating fewer than 20 passengers. Generally, FAA has proposed such a rule. However, to avoid confusion among operators and inappropriate comparison with other FAA regulations, the rules for on-demand, long-range operations flown in accordance with Part 135 warrants a different title. GAMA suggests that 14 CFR Part 135 operations beyond the 180-minute threshold be entitled “Long Range Operations” (LROPS) instead of ETOPS, as proposed.

FMI: http://www.gama.aero, http://dms.dot.gov/ (docket number 2002-6717)