Civil Aviation Order 82.0 Amendment Order (No. 3) 2007 (Cth)

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No judgment structure available for this case.

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) of the Civil Aviation Act 1988.

[Signed Bruce Byron]

Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer

13 July 2007

Civil Aviation Order 82.0 Amendment Order (No. 3) 2007

1          Name of instrument

            This instrument is the Civil Aviation Order 82.0 Amendment Order (No. 3) 2007.

2          Commencement

   (1)     Subject to subsections (2) and (3), this instrument commences on the day after it is registered.

   (2)     Subsection 3BD of Civil Aviation Order 82.0 (CAO 82.0), as contained in Schedule 1 of this instrument, commences on 1 July 2008.

   (3)     Each amendment to CAO 82.0, as contained in Schedule 1 of this instrument that would otherwise apply to a certificate authorising charter or regular public transport operations in an aeroplane carrying only cargo, is taken not to apply to the certificate for the operations until 1 July 2008.

3          Savings provision — ETOPS approval holders

   (1)     If, immediately before the commencement of this instrument, an AOC holder had a current approval to operate an aeroplane on an extended range operation (an ETOPS approval) that was issued under subsection 3B of CAO 82.0, the holder may continue to operate the aeroplane on the operation in accordance with the terms of the approval.

   (2)     The saving in subsection (1) stops having effect on 1 July 2008.

   (3)     Subject to the terms of the ETOPS approval, subsection (1) does not relieve the operator of any obligation to comply with civil aviation legislation other than the amendments to CAO 82.0 made by this instrument.

Note   An AOC holder who has a current ETOPS approval and who wishes to sooner become subject to CAO 82.0 as amended by this instrument for EDTO, may request CASA to revoke his or her instrument of ETOPS approval after which CAO 82.0 as amended by this instrument for EDTO will apply.

4          Provision stops having effect — certain twin turbine-engined aeroplanes

            Paragraph 3BC.8 of CAO 82.0, as contained in Schedule 1 of this instrument, stops having effect at the end of 30 June 2015.

5          Transitional application — aeroplanes with more than 2 engines

            The amendments to CAO 82.0 in Schedule 1 of this instrument, other than the amendments which make new subsections 3B and 3BA, do not apply to an Air Operator’s Certificate for the operation of an aeroplane with more than 2 engines until 1 July 2015.

Note   The application of the amendments in Schedule 1 to aeroplanes with more than 2 engines is delayed for approximately 8 years until 1 July 2015, except for the amendments making new subsections 3B and 3BA, which apply to the aeroplanes on the day after the instrument is registered, and 3BD which applies to the aeroplanes on 1 July 2008. When the other amendments take effect for these aeroplanes, they will only apply to passenger operations — see paragraph 3BC.9 in item 5 of Schedule 1.

6          Civil Aviation Order 82.0

            Schedule 1amends Civil Aviation Order 82.0.

Schedule 1          Amendments

[1]       Paragraph 2.1, definition of adequate aerodrome

substitute

adequate aerodrome, for an aeroplane, means an aerodrome which:

(a)   meets the physical requirements set out in Appendix 2; and

(b)   provides facilities and services for the aeroplane type including:

             (i)  meteorological forecasts; and

            (ii)  at least 1 suitable authorised instrument approach procedure; and

            (iii)  for aerodromes inside Australian territory — CTAF(R); and

           (iv)  for aerodromes outside Australian territory:

(A)    air traffic control or air traffic services (with not more than 30 minutes notice); and

(B)    rescue and fire fighting services to MOS Part 139H category 4 (with not more than 30 minutes notice).

[2]       Paragraph 2.1, definition of extended range operation

substitute

EDTO alternate aerodrome means an adequate aerodrome listed in the AOC holder’s EDTO safety operational specifications that may be designated as an alternate aerodrome in the event of a diversion during an EDTO.

Note   This definition applies for flight planning and does not limit the discretion of the pilot in command during flight.

EDTO entry point means the first point on an EDTO route where the relevant threshold time is exceeded.

EDTO, or extended diversion time operation, means any flight by a turbine‑engined aeroplane where the flight time at the 1 engine inoperative cruise speed (in ISA and still air conditions) from a point on the route to an adequate aerodrome is greater than the threshold time.

[3]       Paragraph 2.1, definition of suitable aerodrome

omit

[4]       Paragraph 2.1, new definitions

insert

AFM means aircraft flight manual.

configuration maintenance and procedures (CMP) standards document means a document approved by the certification authority for the aeroplane specifying the minimum requirements for an aeroplane configuration, including any special inspections, hardware life limits, flight crew procedures, Master Minimum Equipment List constraints and maintenance practices necessary to establish the suitability of an airframe/engine combination for EDTO.

ISA, or international standard atmosphere, means the atmospheric standard as described in ICAO Document 7488 — Manual of the ICAO Standard Atmosphere.

threshold time means:

(a)   for an aeroplane certificated to carry more than 19 passengers or having a maximum payload capacity exceeding 3 410 kg:

             (i)  for a twin engine aeroplane — 90 minutes; or

            (ii)  for an aeroplane with more than 2 engines — 180 minutes; and

(b)   for an aeroplane engaged in passenger carrying operations but not certificated to carry more than 19 passengers — 180 minutes.

[5]       Subsection 3B

substitute

3B       Performance requirements for 3 or 4 engine aeroplanes

3B.1     Each certificate authorising charter or regular public transport operations in a 3 or 4 engine aeroplane to which Civil Aviation Order  20.7.1B (CAO 20.7.1B) applies and carrying passengers for hire or reward is subject to the condition set out in paragraph 3B.2.

3B.2     The aeroplane must not be operated more than 90 minutes flight time, calculated at normal cruising speed, away from an aerodrome at which it will meet the performance requirements applicable at its expected landing weight unless compliance with the flight path obstacle clearance rules of paragraphs 12.5, 12.6 and 12.7 of CAO 20.7.1B can be shown, assuming 2 engines failed at the most critical point along the route that is in excess of 90 minutes flight time at normal cruising speed from such an aerodrome.

3BA    EDTO — piston-engined aeroplanes

3BA.1  Each certificate authorising charter or regular public transport operations in a piston-engined aeroplane having a maximum take-off weight exceeding 5 700 kg is subject to the condition set out in paragraph 3BA.2.

3BA.2  The aeroplane must not be operated on a route containing a point more than 60 minutes at the 1 engine inoperative cruise speed (in ISA and still air conditions) from an adequate aerodrome.

3BB    EDTO — 19 passengers or less and exceeding 5 700 kg

3BB.1  Each certificate authorising charter or regular public transport operations for the carriage of passengers in a turbine-engined aeroplane is subject to the condition set out in paragraph 3BB.2 if the aeroplane:

(a)   is not certificated to carry more than 19 passengers; and

(b)   has a maximum take-off weight exceeding 5 700 kg.

3BB.2  The AOC holder may only conduct an EDTO if the operation has been approved, in writing, by CASA in accordance with Appendix 3.

3BC    EDTO — more than 19 passengers or 3 410 kg payload

3BC.1  Each certificate authorising charter or regular public transport operations for the carriage of passengers in a turbine-engined aeroplane certificated to carry more than 19 passengers is subject to the conditions set out in this subsection.

3BC.2  Each certificate authorising charter or regular public transport operations in a turbine-engined aeroplane having a payload capacity exceeding 3 410 kg is subject to the conditions set out in this subsection.

3BC.3  The AOC holder may only conduct an EDTO if the operation has been approved, in writing, by CASA in accordance with Appendix 4.

3BC.4  The AOC holder must comply with the requirements set out in Appendix 5.

3BC.5  The AOC holder may operate a twin turbine-engined aeroplane on a route containing a point more than 60 minutes at the 1 engine inoperative cruise speed (in ISA and still air conditions) from an adequate aerodrome only if the operation complies with this subsection.

3BC.6  If:

(a)   a twin turbine-engined aeroplane meets the appropriate type design requirements to operate more than 60 minutes from an adequate aerodrome at the 1 engine inoperative cruise speed (in ISA and still air conditions); and

(b)   the aeroplane is configured, maintained and operated in accordance with the relevant CMP standards document for the applicable diversion time; and

(c)   the approved system of maintenance for the aeroplane includes procedures equivalent to the procedures specified in paragraph 9 (1) (c) of Appendix 5 regarding maintenance on multiple identical systems;

            the AOC holder may operate the aeroplane to whichever is the lesser of:

(d)   the limit of its type design specification; or

(e)   90 minutes from an adequate aerodrome at the 1 engine inoperative cruise speed (in ISA and still air conditions).

3BC.7  If:

(a)   a twin turbine-engined aeroplane meets the appropriate type design requirements to operate more than 90 minutes from an adequate aerodrome at the 1 engine inoperative cruise speed (in ISA and still air conditions); and

(b)   the aeroplane is operated in accordance with an EDTO approval;

            the AOC holder may operate the aeroplane on a route containing a point that is more than 90 minutes from an adequate aerodrome at the 1 engine inoperative cruise speed (in ISA and still air conditions).

3BC.8  If:

(a)   a twin turbine-engined aeroplane does not meet the appropriate type design requirements to operate more than 60 minutes from an adequate aerodrome at the 1 engine inoperative cruise speed (in ISA and still air conditions); and

(b)   the approved system of maintenance for the aeroplane includes procedures equivalent to the procedures specified in paragraph 9 (1) (c) of Appendix 5 regarding maintenance on multiple identical systems; and

(c)   the aeroplane conforms to the requirements of FAA Federal Aviation Regulation Part 25 (Fire Protection) for fire detection and suppression for cargo baggage compartments or an equivalent standard acceptable to CASA;

            the AOC holder may operate the aeroplane on a route containing a point that is not more than 75 minutes from an adequate aerodrome at the 1 engine inoperative cruise speed (in ISA and still air conditions).

3BC.9  The AOC holder may operate an aeroplane with more than 2 turbine engines in passenger carrying operations on a route containing a point more than 180 minutes from an adequate aerodrome at the 1 engine inoperative cruise speed (in ISA and still air conditions) only if the aeroplane is operated in accordance with an EDTO approval.

3BD    Polar operations

3BD.1  Each certificate authorising charter or regular public transport operations is subject to the conditions set out in this subsection.

3BD.2  The AOC holder may conduct a polar operation only with a CASA approval, issued following written application from the AOC holder in accordance with Appendix 6.

3BD.3  A polar operation approved by CASA must be conducted in accordance with:

(a)   the strategies, procedures and plans mentioned in Appendix 6; and

(b)   any conditions set out in the CASA approval.

Note   For example, CASA may, as a condition, require an operator to provide a passenger recovery plan for a designated alternate aerodrome.

3BD.4  In this subsection:

polar operation means an operation within the area:

(a)   north of 78 degrees north latitude; or

(b)   south of 60 degrees south latitude.

Note   If a polar operation involves a flight that exceeds a relevant EDTO threshold time, the relevant EDTO provisions in this Order also apply to the flight.

[6]       Paragraph 4.1

add at the end

Note   For EDTO, the safety operational specifications issued by CASA will include the following:

(a)     the authorised area(s) of operations;

(b)     the adequate aerodromes;

(c)     the specific approved airframe/engine combinations;

(d)     the maximum EDTO for the applicable airframe/engine combinations;

(e)     the approved 1 engine inoperative cruise speed(s) for the applicable airframe/engine combinations.

[7]       Appendix 2

substitute

Appendix 2

Adequate aerodromes — physical characteristics

      1     The landing distance available must be not less than that required for an aeroplane under subsection 11 of CAO 20.7.1B.

      2     The surface and strength of the manoeuvring area must allow the aeroplane to land without the likelihood of:

(a)   damage to the aeroplane; or

(b)   the aerodrome being rendered unusable for other operations.

      3     The taxiways and apron areas must allow the aeroplane to park so that it is clear of the remaining movement areas and does not render the aerodrome unusable for other operations.

      4     The aerodrome lighting must be as set out in AIP En Route under the heading “Suitability of Aerodromes”.

[8]       Appendix 3   Additional airworthiness requirements for extended range operations

substitute

Appendix 3

EDTO approval for turbine-engined aeroplanes not certified to carry more than 19 passengers and exceeding 5 700 kg

      1     The AOC holder may only conduct an EDTO if the operation has been approved, in writing, by CASA.

      2     The approval may be issued subject to conditions that CASA considers are necessary in the interests of safety.

      3     The AOC holder must apply, in writing, for EDTO approval setting out details of the matters mentioned in clause 4.

      4     In deciding whether to give approval, and what conditions, if any, to apply to the approval, CASA must consider:

(a)   the AOC holder’s aviation experience and abilities; and

(b)   the particular airframe/engine combination to be operated; and

(c)   the route to be flown.

      5     The approval may specify aerodromes for which the holder must prepare a passenger recovery plan.

Appendix 4

EDTO approval for turbine-engined aeroplanes certificated to carry more than 19 passengers or having a payload capacity exceeding 3 410 kg

1          Definitions

            In this Appendix, words and phrases have the following meanings:

airframe system meansany system on an aeroplane that is not a part of the propulsion system.

EDTO qualified maintenance personnel means maintenance personnel who have completed the operator’s EDTO maintenance training.

EDTO significant system means:

(a)   the aeroplane propulsion system; and

(b)   any other aeroplane system whose:

             (i)  failure could adversely affect the safety of an EDTO flight; or

            (ii)  functioning is important to continued safe flight and landing during a diversion.

engine means a unit used, or intended to be used, for aircraft propulsion, which consists of at least those components and equipment necessary for functioning and control, excluding the propeller (if any).

FQIS means fuel quantity indicating system.

IFSD, or in-flight shutdown,means an engine:

(a)   ceasing to function normally in flight for any reason; or

(b)   shutting down, whether the shutting down is:

             (i)  self-induced; or

            (ii)  crew initiated; or

(iii)caused by some other external influence.

Note   Examples of some other external influence include flameout, foreign object ingestion, icing, and the inability to obtain or control the thrust necessary for normal operations.

multiple identical system maintenance, for a twin turbine-engined aeroplane, means a maintenance action performed on the same element of identical but separate EDTO significant systems during the same routine or non‑routine maintenance actions.

performance deterioration allowance, or PDA,means the difference between an aeroplane manufacturer’s published fuel consumption model and the actual fuel consumption applicable to a specific aeroplane.

propulsion system meansa system consisting of an engine and all other equipment used to provide the functions necessary to sustain, monitor and control the power and thrust output of any 1 engine following its installation on the airframe.

Note   For this definition, an auxiliary power unit (APU) is not an engine.

proving flight means a flight conducted under clause 8 of this Appendix to demonstrate that the AOC holder has the capability and competence to safely conduct and adequately support proposed or approved EDTO with a particular airframe/engine combination.

systemincludes all items of equipment necessary for the control and performance of a system, including the equipment specifically provided for the function in question and other basic equipment such as that necessary to supply power for the operation of the system or of specific items of equipment.

time-limited system means any system:

(a)   on whose availability the duration of the flight depends; and

(b)   whose capacity has a time limit.

2          Application for EDTO approval

   (1)     The AOC holder must apply to CASA, in writing, for EDTO approval.

Note   The application must be received in sufficient time before the EDTO for CASA to issue the safety operational specifications and for the AOC holder to publish the details in the reserved section of the operations manual in accordance with paragraphs 4.1 and 4.2 of Civil Aviation Order 82.0.

   (2)     In addition to any other requirements imposed by this Appendix, the application must include the following:

(a)   details of the particular airframe/engine combination, including the latest revision number of the CMP standards document required for EDTO as normally identified in the AFM, the type certificate data sheet or supplemental type certificate;

(b)   details of the requested areas of operations;

(c)   details of the maximum diversion time, at the approved 1 engine inoperative cruise speed (in ISA and still air conditions) that the aeroplane may be from a suitable aerodrome for landing;

(d)   details of the fuel and oil policy as it relates to EDTO;

(e)   a list of the EDTO alternate aerodromes en route that are designated for the operation;

(f)    either:

             (i)  a statement confirming that each EDTO en route alternate aerodrome will have the facilities to ensure the care and safety of a full complement of passengers and crew; or

            (ii)  details of the recovery plan for diversion to any EDTO en route alternate aerodrome that can ensure the protection and well-being of a full complement of passengers and crew at the aerodrome itself or in its immediate area until the passengers and crew are transported to another place that will provide for their care and safety.

   (3)     In addition to any other requirements imposed by this Appendix, in considering whether to give EDTO approval, CASA must take into account safety compensating factors including the number of airports in the region, the weather conditions normally prevailing in the area, the availability of communications, the safety and reliability of operations with the particular airframe/engine combination and any additional MEL restrictions.

   (4)     CASA may issue an approval with or without conditions.

Note   To ensure the safety of air navigation, conditions on an EDTO approval may impose obligations on an AOC holder additional to the requirements mentioned in clauses 4, 5, 6 or 7 of this Appendix or additional to the requirements mentioned in Appendix 5.

   (5)     An approval may specify aerodromes for which the holder must prepare a passenger recovery plan.

   (6)     If it is considered necessary in the interests of safety, CASA may:

(a)   refuse to give an approval; or

(b)   suspend or cancel an approval.

Note   An EDTO approval is a civil aviation authorisation under the Civil Aviation Act 1988 (the Act) and, therefore, suspension and cancellation are enforceable under the serious and imminent risks to air safety provisions in Division 3A of Part III of the Act which provide for suspension or cancellation of civil aviation authorisations. However, suspension or cancellation of an approval may also arise on grounds similar to those mentioned in subregulation 269 (1) of CAR 1988.

3          Aeroplane eligibility for EDTO

             For the AOC holder to be eligible for EDTO approval, each relevant aeroplane for EDTO must:

(a)   have an EDTO type design approval contained in:

             (i)  the AFM or supplement; or

            (ii)  the type certificate data sheet or supplemental type certificate; or

(b)   meet an equivalent standard acceptable to CASA.

4          EDTO approval requirements — general

   (1)     This clause applies to applications for EDTO approvals to conduct EDTO.

   (2)     The AOC holder requesting approval to conduct the EDTO must give CASA details to show that:

(a)   the proposed airframe/engine combination has been type design approved for at least the EDTO time requested; and

(b)   except if clause 7 applies — the CMP standards document of the proposed airframe/engine combination supports the EDTO time requested; and

(c)   the AOC holder has an approved operations training program that specifically addresses significant operational factors with respect to the EDTO time requested; and

(d)   except if clause 7 applies — the AOC holder has an approved system of maintenance that specifically addresses significant maintenance factors with respect to the EDTO time requested; and

(e)   the AOC holder has an approved MEL appropriate to the EDTO time requested; and

(f)    the time limit specified in the AFM for the aeroplane’s most time-limited system will not be less than the EDTO time requested, based on a diversion time (in ISA and still air conditions) at the 1 engine inoperative cruise speed plus a 15 minute allowance for holding, approach and landing.

   (3)     The AOC holder must give CASA details of any changes or amendments to flight manuals, operations manuals, maintenance requirements, or safety operational specifications necessitated by the proposed EDTO.

5          Additional requirements for EDTO approvals — 180 to 240 minutes, twin-engine

   (1)     This clause applies to applications for EDTO approvals to conduct EDTO in twin turbine-engined aeroplanes on a route containing a point more than 180 minutes but not more than 240 minutes from an adequate aerodrome at 1 engine inoperative cruise speed (in ISA and still air conditions).

   (2)     CASA may only give the approval if:

(a)   for the airframe/engine combination listed in the application the AOC holder holds a current EDTO approval under clause 4 for a route containing a point not more than 180 minutes from an adequate aerodrome at 1 engine inoperative cruise speed (in ISA and still air conditions); and

(b)   in addition to the MEL limitations for the current approval mentioned in paragraph (a), the following systems are serviceable for dispatch:

             (i)  FQIS; and

            (ii)  if required for EDTO — the APU (including electrical and pneumatic supply to its designated capability); and

            (iii)  the auto throttle system; and

           (iv)  a communication system, in addition to any mentioned in the AIP, capable of providing direct communication of landline voice quality between the flight crew and air traffic services, and the flight crew and the operator.

   (3)     The EDTO approval requirements mentioned in subclauses 4 (2) and 4 (3) also apply for this clause.

6          Additional requirements for EDTO approvals — more than 240 minutes, twin-engine

   (1)     This clause applies to applications for EDTO approvals for EDTO in twin turbine-engined aeroplanes on a route containing a point more than 240 minutes from an adequate aerodrome at 1 engine inoperative cruise speed (in ISA and still air conditions).

   (2)     CASA may only give the approval for the specific airframe/engine combination if:

(a)   the operator has been operating under a clause 4 or a clause 5 approval, or a combination of these approvals, for at least the 24 months immediately before the approval under this clause would take effect; and

(b)   the operator has been operating under a clause 5 approval for the specific air frame/engine combination for at least the 12 months immediately before the approval under this clause would take effect; and

(c)   the EDTO approval requirements mentioned in subclauses 4 (2) and (3) and 5 (2) are also complied with.

7          EDTO approvals — aeroplanes with more than 2 engines

   (1)     This clause applies to applications for EDTO approvals for EDTO in aeroplanes with more than 2 engines on a route containing a point more than 180 minutes from an adequate aerodrome at 1 engine inoperative cruise speed (in ISA and still air conditions).

   (2)     CASA may give the approval only if:

(a)   the EDTO approval requirements mentioned in paragraphs 4 (2) (a), (c), (e) and (f) and subclause 4 (3) of this Appendix are complied with; and

(b)   the following systems are operational for dispatch:

             (i)  the FQIS;

            (ii)  if it is required for EDTO — the APU (including electrical and pneumatic supply to its designated capability);

            (iii)  a communication system, in addition to any mentioned in the AIP, that is capable of providing direct communication of landline voice quality between the flight crew and air traffic services, and  the flight crew and the operator.

8          EDTO proving flights

   (1)     In addition to any other requirements imposed by this Appendix, in considering whether to give an AOC holder an EDTO approval, CASA may require the AOC holder to conduct a proving flight to demonstrate that the AOC holder has the capability and competence to safely conduct and adequately support the intended operation.

   (2)     If a proving flight is required, CASA must give the AOC holder a statement of the conditions that will apply for the flight, including the presence of CASA officers as observers on the flight.

   (3)     Any condition of the proving flight stated by CASA to be critical to airworthiness, crew workload or performance risks must be successfully demonstrated during the proving flight unless CASA has witnessed a successful demonstration for that particular condition before the proving flight.

Appendix 5

General conditions for EDTO approval for a turbine-engined aeroplane certificated to carry more than 19 passengers or having a payload capacity exceeding 3 410 kg

1          Definitions

            In this Appendix, words and phrases have the same meaning as in Appendix 4.

2          General prerequisites for EDTO

            The AOC holder must ensure that an EDTO flight does not commence unless:

(a)   the safety operational specifications of the Air Operator’s Certificate permits the EDTO; and

(b)   procedures for the EDTO to meet the requirements for EDTO mentioned in this Order are set out in the AOC holder’s operations manual.

3          Flight dispatch requirements for EDTO

   (1)     The AOC holder must ensure that an aeroplane is only dispatched on an EDTO if the communication facilities required by the AIP are available.

   (2)     The AOC holder must ensure that an aeroplane is only dispatched on an EDTO if it meets the requirements of the CMP standards document for the EDTO flight.

   (3)     The AOC holder must ensure that an aeroplane is only dispatched on an EDTO if the required take-off, destination and alternate aerodromes, including EDTO alternate aerodromes to be used in the event of engine shutdown or aeroplane system failure which require a diversion, are listed in the cockpit documentation.

   (4)     The AOC holder must ensure that an aeroplane is only dispatched on an EDTO if EDTO alternate aerodromes are identified and listed in the EDTO dispatch release.

   (5)     The AOC holder must ensure that an aerodrome is listed as an EDTO alternate only if:

(a)   the latest available forecast weather conditions for a period from the earliest to the latest time of landing at the aerodrome, equal or exceed the relevant aerodrome planning minima for an EDTO alternate aerodrome in clause 7 of this Appendix; and

(b)   the forecast crosswind component, including gusts, for the landing runway expected to be used is not more than the maximum permitted crosswind for a 1 engine inoperative landing.

Note   For the purposes of this provision, forecast probabilities of less than 40% may be disregarded. However, INTER and TEMPO conditions, when forecast, must be taken into account when calculating fuel requirements.

   (6)     In spite of subclause (5), if a forecast for the required period is not available, an aeroplane may be despatched on an EDTO flight if the flight does not proceed beyond the point of sole reliance on the designated adequate aerodrome unless and until the pilot in command receives a valid forecast that satisfies the requirements of subclause (5).

4          Additional flight dispatch requirements for EDTO — more than 180 minutes

   (1)     The AOC holder must ensure that an aeroplane is only dispatched on an EDTO more than 180 minutes from an adequate aerodrome if an additional communication facility will be available to provide direct landline quality voice communication at all stages of flight between the flight crew and air traffic services, and the flight crew and the operator.

   (2)     The AOC holder must ensure that an aeroplane is only dispatched on the EDTO if:

(a)   the time limit specified in the AFM for the aeroplane cargo fire suppression system will not be less than the EDTO time requested, based on a diversion time:

             (i)  at the all-engines-operating cruise speed; and

            (ii)  that includes appropriate corrections for wind and temperature; and

            (iii)  that includes the addition of a 15 minute allowance for holding, approach and landing; and

(b)   the time limit specified in the AFM for the aeroplane’s most time-limited system, other than the cargo fire suppression system, will not be less than the EDTO time requested, based on a diversion time:

             (i)  at the 1 engine inoperative cruise speed; and

            (ii)  that includes appropriate corrections for wind and temperature; and

            (iii)  that includes the addition of a 15 minute allowance for holding, approach and landing.

5          En route for EDTO

   (1)     Before an EDTO flight proceeds beyond the applicable EDTO entry point the AOC holder for the aeroplane must ensure that the pilot in command is notified of any significant changes in forecast weather, aerodrome availability, or any other required services at EDTO alternate aerodromes designated for the flight.

   (2)     The AOC holder must ensure that:

(a)   changes notified under subclause (1) are evaluated by the pilot in command; and

(b)   if any changes are identified that would preclude a safe approach and landing at an EDTO alternate aerodrome during the time of landing mentioned in paragraph 3 (4) (a), the pilot in command selects an acceptable EDTO alternate aerodrome where a safe approach and landing can be made.

   (3)     The AOC holder must ensure that the pilot in command of an EDTO flight does not proceed beyond an extended diversion time entry point unless:

(a)   the meteorological forecast for each required aerodrome nominated as an EDTO alternate aerodrome indicates that it will be at, or above, the approved aerodrome landing minima for the expected approach during the possible period of use; and

(b)   no other event has occurred that makes the aerodrome unusable.

   (4)     The AOC holder must ensure that before the aeroplane goes beyond the EDTO entry point, the pilot in command ensures that the aeroplane complies with the in-flight operational requirements of the CMP standards document for the EDTO flight.

   (5)     After an EDTO flight goes beyond the applicable EDTO entry point, the AOC holder must ensure that the pilot in command:

(a)   is informed of any significant changes in conditions at designated EDTO alternate aerodromes; and

(b)   if:

             (i)  the meteorological forecast is subsequently revised below the EDTO alternate aerodrome landing minima for a required EDTO alternate aerodrome; or

            (ii)  any other event occurs that makes the aerodrome unusable;

        only continues the flight if the pilot in command is satisfied that doing so would be safer than an alternative course of action.

6          Fuel requirements for EDTO

   (1)     The AOC holder for an aeroplane conducting an EDTO flight must ensure that the aeroplane carries at least the fuel required by subclauses (2) and (3).

   (2)     The amount of fuel on board the aeroplane on departure must be whichever is the greater of:

(a)   that determined under the operations manual for a similar non-EDTO flight; or

(b)   that required under subclause (3).

   (3)     The AOC holder must ensure that the aeroplane does not commence a flight, planned as an EDTO flight unless, considering the known and forecast weather conditions, or using a wind forecast model acceptable to CASA, the aeroplane carries sufficient fuel to satisfy the following requirements:

(a)   when departing as an EDTO flight, the aeroplane must carry whichever is the greatest of the following:

             (i)  sufficient fuel to fly to an EDTO alternate assuming a rapid decompression at the most critical point followed by a descent to a safe altitude in compliance with regulation 178 of the Civil Aviation Regulations 1988 (CAR 1988)and the oxygen requirements of Civil Aviation Order 20.4 (CAO 20.4);

(ii) sufficient fuel to fly to an EDTO alternate at the approved 1 engine inoperative cruise speed assuming a rapid decompression and a simultaneous engine failure at the most critical point followed by a descent to a safe altitude in compliance with regulation 178 of CAR 1988 and the oxygen requirements of CAO 20.4;

            (iii)  sufficient fuel to fly to an EDTO alternate at the approved 1 engine inoperative cruise speed assuming an engine failure at the most critical point followed by a descent to the 1 engine inoperative cruise altitude;

(b)   on reaching the EDTO alternate aerodrome, the aeroplane must have sufficient fuel for the pilot in command to:

             (i)  hold for 15 minutes at 1 500 feet above the aerodrome elevation; and

            (ii)  conduct an instrument approach and land;

(c)   if the AOC holder is using a wind forecast model acceptable to CASA, to allow for errors in wind forecasting, the AOC holder must add a 5% wind speed factor (i.e. as an increment to a headwind or as a decrement to a tailwind) on the actual or forecast wind used to calculate the fuel requirements of paragraph (a);

(d)   if the AOC holder is using a wind forecast model that is not acceptable to CASA, to allow for errors in the model’s wind data, the AOC holder must ensure that the aeroplane carries an additional 5% of the fuel calculated under the requirements of paragraph (a);

(e)   when calculating the fuel required under paragraph (a), the AOC holder must compensate for whichever is the greater of:

             (i)  the effect of airframe icing for 10% of the time during which icing is forecast (including taking into account the fuel that would be used by the use of engine and wing anti-ice during the same period); or

            (ii)  the fuel that would be used by use of engine anti-ice, and if appropriate wing anti-ice, for the entire time during which icing is forecast;

(f)    when calculating the fuel required under subparagraphs (a) (i) to (a) (iii), the AOC holder must increase the fuel supply by 5% as a performance deterioration allowance unless the operator has a program established to monitor aeroplane in-service deterioration in cruise fuel burn performance, and includes in fuel supply calculations fuel sufficient to compensate for any such deterioration;

(g)   if an APU is a required power source, the operator must account for its fuel consumption during all phases of flight where it may be used;

(h)   any additional fuel consumption due to the minimum equipment list or the configuration deviation list.

Note   A wind aloft forecasting distributed worldwide by the World Area Forecast System (WAFS) is an example of a wind forecast model acceptable to CASA.

7          Standard EDTO en route alternate aerodrome planning minima

   (1)     Unless CASA approves otherwise in accordance with clause 8, for flight planning and aeroplane dispatch, the AOC holder must ensure that the requirements of an EDTO alternate aerodrome are met by satisfying the criteria of 1 of the aerodrome planning minima set out in Table 1.

Table 1          Standard EDTO en route alternate aerodrome planning minima

Facilities available at suitable alternate

Ceiling

Visibility

Two or more separate precision approach equipped runways

Note   One runway and its reciprocal does not satisfy this requirement.

A cloud base that is the higher of:

(a)   400 feet; or

(b)  200 feet above the lowest authorised aerodrome landing minima

Visibility that is the greater of:

(a)   1 500 metres; or

(b)  800 metres above the lowest authorised aerodrome landing minima

A single precision approach

A cloud base that is the higher of:

(a)   600 feet; or

(b)  400 feet above the lowest authorised aerodrome landing minima

Visibility that is the greater of:

(a)   3 000 metres; or

(b)  1 500 metres above the lowest authorised aerodrome landing minima

Non-precision approach

A cloud base that is the higher of:

(a)   800 feet; or

(b)  400 feet above the lowest authorised aerodrome landing minima

Visibility that is the greater of:

(a)   4 000 metres; or

(b)  1 500 metres above the lowest authorised aerodrome landing minima

8          Lower than standard EDTO alternate aerodrome planning minima

             CASA may approve lower EDTO en route alternate aerodrome planning minima than those set out in the Table in clause 7 if the aerodrome permits Category II or III precision approach and landing operations.

9          Maintenance elements for EDTO

   (1)     This clause only applies to an AOC holder approved to conduct EDTO using a twin turbine-engined aeroplane.

   (2)     The AOC holder must have the following:

(a)   a system that ensures compliance with the minimum requirements set out in the latest revision of:

             (i)  for each airframe/engine combination:

(A)    the CMP standards document; or

(B)    the type design document; and

            (ii)  any relevant airworthiness directives;

(b)   an approved system of maintenance for the aeroplane approved to conduct an EDTO flight that:

             (i)  is based on the aeroplane type certificate holder’s maintenance program; and

            (ii)  is supplemented for each EDTO airframe/engine combination; and

            (iii)  includes the following:

(A)    a pre-departure service check that must be completed immediately before an EDTO flight and certified as completed by an EDTO qualified maintenance person;

(B)    a list of EDTO significant systems acceptable to CASA;

(C)    procedures for corrective action to an EDTO significant system;

(D)    a list, or other form of identification, of EDTO specific procedures or tasks that must be accomplished or verified by EDTO qualified maintenance personnel;

(E)     a procedure to verify the status of the aeroplane and that EDTO significant systems and equipment are serviceable for an intended flight;

(c)   detailed procedures to prevent multiple identical system maintenance actions and the procedures to be followed if any such maintenance actions cannot be avoided;

(d)   a parts control program that ensures:

             (i)  the type certification standard is maintained; and

            (ii)  the proper identification of parts to maintain the EDTO configuration;

(e)   an EDTO reliability program acceptable to CASA that is designed for the early identification and prevention of EDTO-related problems and that contains a reporting procedure for any significant events detrimental to EDTO;

Note   A manufacturer’s support program may be an integral part of the reliability program.

(f)    a supplement to the air operator’s maintenance control manual for use by all personnel involved in EDTO that:

             (i)  lists all EDTO supporting programs; and

            (ii)  references all the EDTO systems of maintenance; and

            (iii)  specifies the maintenance procedures, duties and responsibilities of all relevant maintenance personnel; and

           (iv)  indicates where more detailed information on each of these matters may be found in the operator’s document system.

Note   The supplement need not be exhaustive provided it complies with subparagraph (iv).

   (3)     The AOC holder must ensure that each of the following events is reported to CASA within 72 hours of the event occurring:

(a)   IFSD;

(b)   diversion or turnback;

(c)   uncommanded power change or surge;

(d)   inability to control a propulsion engine or to obtain desired power;

(e)   malfunction of an EDTO significant system;

(f)    any other event detrimental to EDTO.

   (4)     The AOC holder must conduct an investigation into the cause of any event mentioned in subclause (3).

   (5)     The AOC holder must establish an engine condition monitoring program designed to detect engine deterioration at an early stage and allow for corrective action before safe operation is affected.

   (6)     The engine condition monitoring program mentioned in subclause (5) must describe:

(a)   the parameters to be monitored, the methods of data collection and analysis, and the corrective action process; and

(b)   the procedures to ensure that engine limit margins are maintained so that a prolonged engine inoperative diversion may be conducted without exceeding approved engine limits at all approved power levels and expected environmental conditions.

   (7)     The AOC holder must establish an engine oil consumption monitoring program that ensures:

(a)   that sufficient oil is carried and available for each engine and APU (if an APU is required for EDTO) to allow completion of a scheduled EDTO flight; and

(b)   the oil consumption of an engine or APU (if an APU is required for EDTO) does not exceed the manufacturer’s recommendation; and

(c)   monitoring of all oil added to an approved EDTO engine or APU (if an APU is required for EDTO) of an approved ETDO airframe/engine combination whether or not a flight is an EDTO flight.

   (8)     If APU in-flight start capability is required for EDTO, the AOC holder must have a cold soak in-flight APU start and run reliability program acceptable to CASA.

   (9)     The AOC holder must establish an airframe/engine combination maintenance training program to ensure it provides adequate training on each specific airframe/engine combination to any person involved in the EDTO maintenance of the particular airframe/engine combination.

(10)     The AOC holder must ensure that a person has successfully completed the training mentioned in subclause (9) before the person is assigned to conduct any EDTO maintenance on a specific airframe/engine combination.

(11)     The maintenance training program mentioned in subclause (9) must provide for the recurrent training of each EDTO maintenance person at intervals not exceeding 24 months.

10        Flight crew training and evaluation

   (1)     The AOC holder must have a program for EDTO training of flight crew members, with associated recurrent training, competency evaluation and proficiency checking.

   (2)     The program must include initial and recurrent training, competency evaluation and proficiency checking for the following:

(a)   if standby sources of electrical power significantly degrade cockpit instrumentation to the pilots — simulation of aerodrome approaches using standby power as the sole power source;

(b)   contingency procedures for each area of operation intended to be used;

(c)   evaluation of, and response to, probable propulsion and airframe systems failures;

(d)   diversion procedures and diversion decision-making processes;

(e)   the EDTO regulatory framework and operational approvals.

11        Quarterly EDTO reports

   (1)     An AOC holder approved to conduct EDTO using a twin turbine-engined aeroplane must prepare for CASA a summary report on each of the following for the period of 3 months after receiving EDTO approval, and for every 3 month period after that:

(a)   aeroplane operations and utilisation;

(b)   engine operations and utilisation;

(c)   for each flight — interruptions, delays or cancellations due to technical reasons;

(d)   unscheduled termination or diversion from a route caused by actual or suspected technical malfunctions;

(e)   IFSD rates;

(f)    reportable defects and events, including those mentioned in subclause 9 (2);

(g)   system defect summary reports which have exceeded their alert level;

(h)   minimum equipment list usage;

(i)    unscheduled component removals;

   (2)     The AOC holder must ensure that the summary report is received by CASA not later than 14 days after the end of each 3 month period mentioned in subclause (1).

Appendix 6

Polar operations

1          Applications

             An application for approval to conduct a polar operation must be in writing.

2          Strategies procedures and plans

            The application must be accompanied by copies of the following strategies, procedures and plans:

(a)   a fuel-freeze strategy and the procedures for monitoring fuel freezing;

(b)   a communications plan that will ensure communication capability for the duration of the operation;

(c)   a polar operations training plan for the aircraft’s flight crew and maintenance personnel;

(d)   a plan for mitigating flight crew and passenger exposure to radiation during solar flare activity;

(e)   a plan for providing in the aircraft at least 2 serviceable, cold weather, anti‑exposure suits, to protect crew members from extreme climatic conditions during outside activity at a diversion aerodrome, unless the season of the year makes the equipment unnecessary and CASA has, in writing, relieved the operator from the requirement to comply with it.

3          Ensuring compliance

            The application must include details of how the operator will ensure that the strategies, procedures and plans have been, and are, complied with before and during the operation.

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