Within 6 Months
This action reopens the comment period to Sept. 23, 2021 on the Safety Management System (SMS) proposal for the certificated airports supplemental notice of proposed rulemaking (SNPRM) published July 14, 2016. In the SNPRM, the FAA proposed to amend certain requirements included in the initial NPRM published on Oct. 7, 2010. Most notably, the FAA revised the proposed applicability of the rule so that a SMS is only required for a certificated airport classified as a small, medium, or large hub airport in the National Plan of Integrated Airport Systems; serving international air traffic; or having more than 100,000 total annual operations. The FAA also proposed changes that would extend the implementation period from 18 to 24 months and require submission of an implementation plan within 12 months instead of six months from the effective date of the final rule.
The FAA, in cooperation with the National Park Service (NPS), has initiated development of Air Tour Management Plans (ATMPs) for Bandelier National Monument, Great Smoky Mountains National Park, Arches National Park, Glacier National Park, Canyonlands National Park, Natural Bridges National Monument, and Bryce Canyon National Park pursuant to the National Parks Air Tour Management Act of 2000. Throughout September 2021 public meetings are scheduled for each park, with final comments due on Oct. 1, 2021.
In response to the on-going Covid-19 pandemic and the associated challenges facing the aviation industry, ICAO has delayed for one year the applicability date of the new global reporting format (GRF) for assessing runway conditions to Nov. 4, 2021. Under an EASA notice of proposed rulemaking in 2018, the GRF was scheduled to go into effect Nov. 5, 2020. The agencies, in partnership with key international organizations, will continue to provide support to member states and stakeholders as they emerge from the current crisis and revise their implementation plans. In particular, training resources will be enhanced and awareness-raising activities will be re-launched.
Starting on Nov. 25, 2021, Canadian-registered commercial and private aircraft required to have an emergency locator transmitter cannot be operated in the country unless it is equipped with one or more ELTs that transmit simultaneously on the 406 MHz and 121.5 MHz frequencies. Foreign-registered aircraft operating in Canada must have at least one 406 MHz ELT. Currently, Canadian Aviation Regulations only require that aircraft operate with one 121.5 MHz ELT, although nearly half of the country's fleet have converted to 406 MHz ELTs.
Ten new flight operations regulations will consolidate the operating and flight rules, as well as certification and management requirements, for a variety of aircraft and operations which will apply to all pilots and operators in Australia. They will all commence on Dec. 2, 2021. The regulations covered include general operating and flight rules; certification and management of commercial aircraft operating certificates; and small and large airplanes and rotorcraft.
Under the recently established FAR Part 111, Pilot Records Database (PRD), no entity may permit an individual to begin service as a pilot until the entity (including Part 135 air taxi and Part 91 air tour operators) has evaluated all required information, including that from FAA records, by Dec. 7, 2021. However, reviewing entities may allow an individual to begin service as a pilot without first evaluating records if it has made a documented “good faith” attempt to access all necessary information maintained in the PRD and received notice from the FAA that information is missing pertaining to the individual's employment history as a pilot.
ADS-B Out requirements for Mexico are delayed until Jan. 1, 2022. Originally, the mandate was scheduled to go into effect January 1. According to government officials, when the requirements do take effect, they will apply to operations in Mexico Class A, B, C, E airspace and Class E airspace above 10,000 feet. It is required now in Class E airspace over the Gulf of Mexico, at and above 3,000 feet msl within 12 nm of the Mexican coast.
In addition to yachts and high-end vehicles, business and other general aviation aircraft are included again in the Canadian government’s latest so-called luxury tax proposal. If the tax is adopted, it would go into force on Jan. 1, 2022. The Canadian Business Aviation Association (CBAA) is fighting the proposal, telling the government its assumption that a “small plane is an unessential high-end toy totally misrepresents how these aircraft are generally used.” In 2019 a similar luxury tax proposal for aircraft was struck down.
Revised requirements for ATC-provided airport flight information services (AFIS) in Europe go into effect on Jan. 27, 2022. The rules update the elements that are to be included in AFIS live communications or in recorded AFIS broadcasts. Unlike ATIS broadcasts, available only at controlled airports when the ATC tower is in operation, AFIS requirements include transmitting on a 24-hour basis, including at specified non-tower airports.
Within 12 Months
Starting on April 30, 2022, unless specifically authorized by ATC, no person may operate an aircraft within Colombian territory in any controlled airspace or other airspace in which a transponder is required, without ADS-B Out operational capability.
Reporting information to the FAR Part 111 Pilot Records Database about individuals employed as pilots is required starting June 10, 2022, for existing operations. Entities beginning commercial operations after June 10, 2022 (including Part 135 air taxi and Part 91 air tour operators) have 30 days in which to comply. Required information includes drug and alcohol testing results; training, qualification, and proficiency records; final disciplinary action records; records concerning separation of employment; verification of a motor vehicle driving records search; and historical records.
New FAR Part 89 requires that after Sept. 16, 2022, no unmanned aircraft can be produced without FAA-approved remote identification capability. After Sept. 16, 2023, no unmanned aircraft can be operated unless it is equipped with remote ID capability as described in Part 89 or is transmitting ADS-B Out under Part 91. A person operating an unmanned aircraft without remote identification must always operate within visual line of sight and in an approved FAA-recognized identification area. On Sept. 16, 2022, the FAA will begin accepting applications from listed types of organizations for FAA-recognized identification areas.
Beyond 12 Months
Revised Australian airport certification regulations (CASR Part 139) and an accompanying revised manual of standards (MOS) went into effect on Aug. 13, 2020. Under a transition period, operators of certified airports have until Nov. 13, 2022, to comply with the requirements and MOS publications, including developing an airport operations manual.
Revisions to duty time and rest regulations for Canadian-registered commuter and air taxi operators of turbine and non-turbine aircraft (CAR Parts 704 and 703) go into effect on Dec. 12, 2022. Transport Canada said the changes include: prescribed flight and duty time limits that respect modern scientific research and international standards to limit the amount of time a crewmember can be on the job; and fatigue risk-management systems that will require operators to demonstrate that any variance to the prescribed flight and duty time limits will not adversely affect the level of flight crew fatigue or alertness.
Covid-19 pandemic implications have prompted New Zealand to extend its ADS-B Out compliance date for one year from the previous deadline of Dec. 31, 2021. The ADS-B provisions, already mandatory for aircraft flying above 24,500 feet, will apply in the rest of New Zealand’s controlled airspace by Dec. 31, 2022. Financial support to help aircraft owners equip with ADS-B avionics is available on a first-come, first-served basis, with up to $2,500 for ADS-B out and an additional $500 for ADS-B in.
Cockpit voice and flight data equipment requirements for commercial turbine aircraft operations (including air taxis) that were adopted in 2011 by Mexico’s aviation authority will become effective and go into force incrementally from Dec. 31, 2020, through Dec. 31, 2022, based on the number of aircraft in an operators fleet. Generally, the rules apply to turbine airplanes with 10 or more passenger seats and large turbine helicopters flying in Mexico airspace under an international air operator certificate.
The U.S. Environmental Protection Agency's CO2 aircraft emissions standards apply to all other new jet design applications made on or after Jan, 1, 2023. The standards also apply to new deliveries of in-production large jets starting Jan. 1, 2028. Jets with mtow under 12,566 pounds, turboprops below 19,000 pounds mtow, and piston-engine airplanes are exempt.
The ADS-B Out requirement in Europe is Dec. 7, 2020, for aircraft receiving their certificate of airworthiness (C of A) on or after December 7. Aircraft that obtained their C of A between June 6, 1995, and Dec. 7, 2020, must arrange for retrofits to meet the ADS-B Out mandate by June 7, 2023. Both deadlines apply only to aircraft with an mtow exceeding 5,700 kg (12,566 pounds) or having a maximum cruising true airspeed capability greater than 250 knots. Aircraft with a C of A dated before June 6, 1995 are exempt from European ADS-B requirements.
New FAR Part 89 requires that after Sept. 16, 2023, no unmanned aircraft can be operated unless it is equipped with remote identification capability or is transmitting ADS-B Out under Part 91. A person operating an unmanned aircraft without remote identification must always operate within visual line of sight and in an approved FAA-recognized identification area. Part 89 describes the types of organizations that can apply for an FAA-recognized identification area.
The U.S. Environmental Protection Agency's CO2 aircraft emissions standards apply to new deliveries of in-production large jets starting Jan. 1, 2028. Jets with mtow under 12,566 pounds, turboprops below 19,000 pounds mtow, and piston-engine airplanes are exempt.