Within 6 Months
Australia’s Civil Aviation Safety Authority is seeking feedback on a draft advisory circular (AC) for vertiport design. Vertiports are a new type of facility designed to service next-generation vertical take-off and landing (VTOL) capable aircraft. Vertiport sites can be in urban and regional locations as well as at existing airports. Comments on the draft AC are due by March 31, 2023.
The FCC seeks comment to establish rules that would enable using 5030-5091 MHz for wireless communications for unmanned aircraft system (UAS) operators. The notice of proposed rulemaking (NPRM) also seeks comment on whether the Commission’s current rules for various flexible-use spectrum bands are sufficient to ensure the co-existence of terrestrial mobile operations and UAS use or whether changes to these rules are necessary to prevent or mitigate interference and performance concerns. Also, to further promote the safe integration of unmanned aircraft operations in controlled airspace and facilitate flight coordination, the NPRM proposes a process for UAS operators to obtain a license in the aeronautical VHF band to communicate with ATC and other aircraft while maintaining the integrity of the band. Comments are due by March 9, 2023. Reply comments are due by April 10, 2023.
Normal and transport Category rotorcraft certification standards are amended to address necessary increases in design technology over the last several years. These changes—based partly on comments submitted to the FAA in response to proposed rulemaking published in 2017—will also reduce the burden on applicants for certification of new rotorcraft designs and reduce or eliminate the need for certain special conditions currently required to obtain certification of modern rotorcraft. In addition, these amendments incorporate the provisions of “equivalent level of safety findings and means of compliance issue papers” that the FAA has made when approving certain design features. The amendments are effective on April 11, 2023.
The FAA proposes to update and expand the requirements for safety management systems (SMS) to make them applicable to all certificate holders operating under the rules for commuter and on-demand operations, commercial air tour operators, production certificate holders that are holders or licensees of a type certificate (TC) for the same product, and holders of a TC who license out that TC for production. Charter and tour operators would be required to implement an FAA-approved SMS no later than two years after the effective date of the rule. Additionally, the proposed rule would more closely align the United States with ICAO Annex 19 (Safety Management). Comments on the proposal are due by April 12, 2023.
This notice of proposed amendment (NPA) seeks to mandate the installation of crash-resistant fuel systems (CRFS) into existing rotorcraft designs that are still in production and the retrofit of existing rotorcraft that are operated in EASA member states. The objective of the NPA is to mitigate the risks linked to a post-crash fire involving rotorcraft. Comments are due by April 14, 2023.
The FAA has postponed the implementation date for the final phase of its multi-year Northeast Corridor Atlantic Coast Routes (ACR) project from the previously scheduled Nov. 3, 2022, to April 20, 2023. The FAA said the push-back is to avoid making numerous route changes during the busy summer and winter peaks. The main change of the ACR project is that 150 new or modified routes using performance-based navigation (PBN) procedures are replacing the existing high-altitude route structure. PBN decreases reliance on ground-based navaids.
The European Commission has delayed the onset of new passenger reporting requirements that were previously scheduled to start on Sept. 30, 2022. EES (Entry/Exit System), designed to replace the current system of manual stamping of passports with an electronic record, is now scheduled to start a transitional phase in May 2023. Manual stamping of passports will end in mid-August 2023, and the transitional phase will end in February 2024. ETIAS (European Travel Information and Authorization System) is an online pre-travel, and pre-boarding requirement applying to visa-exempt third-country nationals planning to travel to European states. It is expected to be implemented in November 2023.
ADS-B will go fully operational on a voluntary basis for one year starting on May 19, 2022 across all six of the flight information regions (FIRs) controlled by the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA). Ops Group reports that ADS-B use will become mandatory in these FIRs starting June 1, 2023. Based in Dakar, Senegal, ASECNA has published separate notams for each of the FIRs, that together cover 16.2 million square miles of airspace, but all contain essentially the same information.
The National Fire Prevention Association (NFPA) is granting a 24-month extension to the compliance deadline of its standards that call for airport fueling vehicle loading racks to be equipped with automatic shutoff devices that are compatible with fueling trucks. This extension to June 2, 2023, applies only to airports that adopted the 2022 revision of NFPA 407. The original compliance date of June 2, 2021, still applies for airports operating under the 2017 revision. The National Air Transportation Association (NATA) is working with the FAA as to how the extension will affect current enforcement policy at Part 139 certificated airports.
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.
By June 12, 2023, operators under Parts 91, 91K, and 135 must complete submissions of reports to the pilot records database (PRD) of all historical records concerning training, alcohol testing, qualification, proficiency, and disciplinary actions dating on or after Jan. 1, 2015. Final compliance date for reporting historical records that date before Jan. 1, 2015, is Sept. 9, 2024. Also beginning on Sept. 9, 2024, the Pilot Records Improvement Act ceases to be effective and will not be an available alternative to PRD for operators, entities, or trustees to which these regulations apply.
The FAA is transitioning from using the mechanic practical test standards (PTS) as the testing standard to obtaining a mechanic certificate. As a part of this transition, the FAA has developed mechanic airman certification standards (ACS), which add task-specific knowledge and risk management elements, resulting in a comprehensive presentation that integrates the standards for what an applicant must demonstrate to pass the written, oral, and practical tests for a certificate or rating said the agency. To allow time for each school to train its students under the curriculum aligned with the ACS, the FAA will use the PTS as the testing standard until July 31, 2023. Starting Aug. 1, 2023, the FAA will use the ACS to conduct mechanic certification tests.
Due to continued supply chain impacts stemming from the Covid pandemic, the previously announced implementation dates for ADS-B Out in Canada is delayed beyond the original date of Feb. 23, 2023. As a result, the mandate will come into effect as follows: Class A Canadian airspace on Aug. 10, 2023; Class B Canadian airspace on May 16, 2024; and Class C, D, and E airspace to occur no sooner than 2026. The new dates have been developed from stakeholder feedback regarding supply chain limitations and backlogs to acquire and install the appropriate equipment.
Amended FAR Part 89 required that after Dec. 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 equipped with remote ID capability as described in Part 89 or transmitting ADS-B Out under Part 91.
Within 12 Months
ETIAS (European Travel Information and Authorization System) is an online pre-travel, and pre-boarding requirement applying to visa-exempt third-country nationals planning to travel to European states. It is expected to be implemented in November 2023. The information is submitted via an online application ahead of their arrival at borders enabling pre-travel assessment of irregular migration risks, security, or public health risk checks. ETIAS is one of two European travel authorization programs scheduled to go into effect in 2023. The other program is EES (Entry/Exit System).
Beyond 12 Months
Under new regulations certain air carrier airports certified under FAR Part 139 will be required to submit an implementation plan for a safety management system on the following deadlines: April 24, 2024, for airports designated as hubs; Oct. 24, 2024, for airports with 100,000 or more annual operations over the previous three years; and April 25, 2025, for airports classified as port of entry, landing rights, user fee, and international facilities. In each case, the SMS must be implemented not later than 12 months after receiving FAA approval of the certificate holder’s Implementation Plan. Most general aviation airports will be able to obtain a waiver from the SMS requirement.
Due to continued supply chain impacts stemming from the Covid pandemic, the previously announced implementation dates for ADS-B Out in Canada is delayed beyond the original date of Feb. 23, 2023. As a result, the mandate will come into effect as follows: Class A Canadian airspace on Aug. 10, 2023; Class B Canadian airspace on May 16, 2024; and Class C, D, and E airspace to occur no sooner than 2026. The new dates have been developed from stakeholder feedback regarding supply chain limitations and backlogs to acquire and install the appropriate equipment.
By June 12, 2023, operators under Parts 91, 91K, and 135 must complete submissions of reports to the pilot records database (PRD) of all historical records concerning training, alcohol testing, qualification, proficiency, and disciplinary actions dating on or after Jan. 1, 2015. Final compliance date for reporting historical records that date before Jan. 1, 2015, is Sept. 9, 2024. Also beginning on Sept. 9, 2024, the Pilot Records Improvement Act ceases to be effective and will not be an available alternative to PRD for operators, entities, or trustees to which these regulations apply.
Under new regulations certain air carrier airports certified under FAR Part 139 will be required to submit an implementation plan for a safety management system on the following deadlines: April 24, 2024, for airports designated as hubs; Oct. 24, 2024, for airports with 100,000 or more annual operations over the previous three years; and April 25, 2025, for airports classified as port of entry, landing rights, user fee, and international facilities. In each case, the SMS must be implemented not later than 12 months after receiving FAA approval of the certificate holder’s Implementation Plan. Most general aviation airports will be able to obtain a waiver from the SMS requirement.
Starting on Dec. 2, 2022 EASA Part 145 maintenance organizations are required to meet revised regulations that were published in November 2021. However, there is a two-year transition period, to Dec. 2, 2024, to allow maintenance organizations to correct any findings of non-compliance with the new Part-145 requirements. The main change introduced in the regulation is the required implementation of a safety management system. SMS requires maintenance organizations to implement hazard identification, risk management and safety assurance processes, and the designation of a safety manager. To support the safety management system processes, several organization requirements have been changed including the safety policy, internal occurrence reporting, competence of staff, and compliance monitoring (replacing quality assurance).
Under new regulations certain air carrier airports certified under FAR Part 139 will be required to submit an implementation plan for a safety management system on the following deadlines: April 24, 2024, for airports designated as hubs; Oct. 24, 2024, for airports with 100,000 or more annual operations over the previous three years; and April 25, 2025, for airports classified as port of entry, landing rights, user fee, and international facilities. In each case, the SMS must be implemented not later than 12 months after receiving FAA approval of the certificate holder’s Implementation Plan. Most general aviation airports will be able to obtain a waiver from the SMS requirement.
Multi-engine turbine-powered aircraft that are configured for six or more passenger seats and for which two pilots are required have been granted a temporary exemption from new cockpit voice recorder and data link recorder requirements that are effective on May 29, 2023. The exemption was put in place because of continuing Covid-19-related delays in parts production, supply chains, and transportation, as well as labor shortages among manufacturers and installers of aircraft components. This exemption is in effect until the earliest of the following: May 29, 2026, or a date on which the exemption is canceled by Canada’s department of transportation.
