CASA Ex108/09 Exemption conduct of aerial application (firefighting) operations by DC-10 aircraft (Cth)

Instrument number CASA EX108/09

I, michael david quinn, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed M.D. Quinn]

Mick Quinn
Deputy Director of Aviation Safety

15 December 2009

Exemption — conduct of aerial application (firefighting) operations by DC-10 aircraft

1           Duration

                This instrument:

(a)     commences on the day of registration; and

(b)     stops having effect at the end of 31 March 2010.

2           Application

                This instrument applies to:

(a)     the DC-10 aircraft with registration N17085 and serial number 47957 (the aerial application aircraft); and

(b)     A.G. Airwork Pty Ltd, trading as Agfire Aviation/Agflite (the operator), Aviation Reference Number 535068; and

(c)     the flight crew of the aerial application aircraft.

3           Exemption

                The aerial application aircraft, the operator and the flight crew are exempt from compliance with regulations 137.025, 137.235 and 137.240 of CASR 1998.

4           Conditions

                The exemption is subject to the conditions mentioned in Schedule 1.

5           Definition

                In this instrument:

FAA means the Federal Aviation Administration of the United States of America.

Schedule 1             Conditions

Part 1 — General conditions

        1      The pilots:

(a)     must have undertaken an annual proficiency check, in accordance with FAA requirements, that remains current for the duration of this exemption; and

(b)     must have undergone whatever additional recurrent training would be required to enable them to carry out aerial application (firefighting) operations in the United States of America during the duration of this exemption; and

(c)     must each hold a current appropriate FAA airline transport pilot licence with authorisations that allow the conduct of operations in accordance with this exemption and the operator’s operations manual, in particular Section D1, Annex E; and

(d)     must meet the minimum experience requirements set out in the operator’s operations manual, in particular Part D2, Chapter 5, Section 5.1.

        2      The flight engineer:

(a)     must have undertaken an annual proficiency check, in accordance with FAA requirements, that remains current for the duration of this exemption; and

(b)     must have undergone whatever additional training would be required to enable him to carry out aerial application (firefighting) operations in the United States of America during the duration of this exemption; and

(c)     must hold a current appropriate FAA flight engineer licence with authorisations that allow the conduct of operations in accordance with this exemption and the operator’s operations manual, in particular Section D1, Annex E.

        3         The aerial application aircraft may only:

(a)     be operated for firefighting purposes; and

(b)     carry crew members and persons authorised by CASA under regulation 227 of the Civil Aviation Regulations 1988.

        4      Before a pilot or flight engineer takes part in operations under this exemption, the chief pilot of the operator must have sighted, and verified the currency of, that flight crew member’s:

(a)     licence; and

(b)     aircraft endorsement; and

(c)     medical certificate; and

(d)     most recent proficiency check on the aircraft.

        5      The chief pilot must keep copies of the documents that he or she has sighted under clause 4 for 3 years.

        6      The operator must ensure that the aircraft has a valid and current standard certificate of airworthiness.

        7      Before a pilot or flight engineer takes part in operations under this exemption, a CASA Team Leader Flying Operations (TLFO) or a Flying Operations Inspector approved by a TLFO, must:

(a)     have sighted, and verified the currency of, that flight crew member’s:

                  (i)   licence; and

                 (ii)   aircraft endorsement; and

                (iii)   medical certificate; and

                (iv)   most recent proficiency check on the aircraft; and

(b)     have sighted, and verified, all certificates, manuals, other documents, and safety equipment that relate to the safe operation of the aerial application aircraft.

Part 2 — Flight conditions

                The aerial application aircraft must not be flown except in accordance with the operator’s operations manual, section D1, Annex E, and the 10 Tanker Air Carrier’s Policy and Procedures Manual, as previously accepted by CASA.