(4)

Annex IV is amended as follows: (a) point CAT.OP.MPA.100 (b)(3) is replaced by the following: ‘CAT.OP.MPA.100 Use of air traffic services ‘(3) local helicopter operations (LHOs),’; (b) point CAT.OP.MPA.106 is deleted; (c) point CAT.OP.MPA.150 is replaced by the following: ‘CAT.OP.MPA.150 INTENTIONALLY LEFT BLANK’; (d) point CAT.OP.MPA.151 is deleted; (e) point CAT.OP.MPA.175 (b)(7) is replaced by the following: ‘(7) the provisions specified in the operations manual in respect of fuel/energy, oil, oxygen, minimum safe altitudes, aerodrome operating minima and availability of alternate aerodromes, where required, can be complied with for the planned flight;’; (f) the following point CAT.OP.MPA.177 is inserted: ‘CAT.OP.MPA.177 Submission of the ATS flight plan (a) If an air traffic services (ATS) flight plan is not submitted because it is not required by the rules of the air, adequate information shall be deposited in order to permit alerting services to be activated if required. (b) When operating from a site where it is impossible to submit an ATS flight plan, the ATS flight plan shall be transmitted as soon as possible after take-off by the commander or the operator.’; (g) point CAT.OP.MPA.180 is replaced by the following: ‘CAT.OP.MPA.180 Fuel/energy scheme – aeroplanes (a) The operator shall establish, implement, and maintain a fuel/energy scheme that: (1) is appropriate for the type(s) of operation performed; (2) corresponds to the capability of the operator to support its implementation; and (3) is either: (i) a basic fuel/energy scheme, which shall form the basis for a basic fuel/energy scheme with variations and an individual fuel/energy scheme; the basic fuel/energy scheme derives from a large-scale analysis of safety and operational data from previous performance and experience of the industry, applying scientific principles; the basic fuel/energy scheme shall ensure, in this order, a safe, effective, and efficient operation of the aircraft; or (ii) a basic fuel/energy scheme with variations, which is a basic fuel/energy scheme where the analysis referred to in point (i) is used to establish a variation to the basic fuel/energy scheme that ensures, in this order, a safe, effective, and efficient operation of the aircraft; or (iii) an individual fuel/energy scheme, which derives from a comparative analysis of the operator’s safety and operational data, applying scientific principles; the analysis is used to establish a fuel/energy scheme with a higher or equivalent level of safety to that of the basic fuel/energy scheme that ensures, in this order, a safe, effective, and efficient operation of the aircraft. (b) All fuel/energy schemes shall comprise: (1) a fuel/energy planning and in-flight re-planning policy; (2) an aerodrome selection policy; and (3) an in-flight fuel/energy management policy. (c) The fuel/energy scheme and any change to it shall require prior approval by the competent authority. (d) When the operator intends to apply for an individual fuel/energy scheme, it shall: (1) establish a baseline safety performance of its current fuel/energy scheme; (2) demonstrate its capability to support the implementation of the proposed individual fuel/energy scheme, including the capability to exercise adequate operational control and to ensure exchange of the relevant safety information between the operational control personnel and the flight crew; and (3) make a safety risk assessment that demonstrates how an equivalent level of safety to that of the current fuel/energy scheme is achieved.’; (h) point CAT.OP.MPA.181 is replaced by the following: ‘CAT.OP.MPA.181 Fuel/energy scheme – fuel/energy planning and in-flight re-planning policy – aeroplanes (a) The operator shall: (1) establish a fuel/energy planning and in-flight re-planning policy as part of the fuel/energy scheme; (2) ensure that the aeroplane carries a sufficient amount of usable fuel/energy to safely complete the planned flight and to allow for deviations from the planned operation; (3) develop procedures for the fuel/energy planning and in-flight re-planning policy that shall be contained in the operations manual. (4) ensure that the fuel/energy planning of the flight is based on: (i) current aircraft-specific data derived from a fuel/energy consumption monitoring system or, if not available; (ii) data provided by the aeroplane manufacturer. (b) The operator shall ensure that the planning of flights includes the operating conditions under which the flight is to be conducted; the operating conditions shall include at least: (1) aircraft fuel/energy consumption data; (2) anticipated masses; (3) anticipated meteorological conditions; (4) the effects of deferred maintenance items and/or of configuration deviations; (5) the expected departure and arrival routing and runways; and (6) anticipated delays. (c) The operator shall ensure that the pre-flight calculation of the usable fuel/energy that is required for a flight includes: (1) taxi fuel/energy that shall not be less than the amount expected to be used prior to take-off; (2) trip fuel/energy that shall be the amount of fuel/energy that is required to enable the aeroplane to fly from take-off, or from the point of in-flight re-planning, to landing at the destination aerodrome; (3) contingency fuel/energy that shall be the amount of fuel/energy required to compensate for unforeseen factors; (4) destination alternate fuel/energy: (i) when a flight is operated with at least one destination alternate aerodrome, it shall be the amount of fuel/energy required to fly from the destination aerodrome to the destination alternate aerodrome; or (ii) when a flight is operated with no destination alternate aerodrome, it shall be the amount of fuel/energy required to hold at the destination aerodrome, while enabling the aeroplane to perform a safe landing, and to allow for deviations from the planned operation; as a minimum, this amount shall be 15-minute fuel/energy at holding speed at 1 500 ft (450 m) above the aerodrome elevation in standard conditions, calculated according to the estimated aeroplane mass on arrival at the destination aerodrome; (5) final reserve fuel/energy that shall be the amount of fuel/energy that is calculated at holding speed at 1 500 ft (450 m) above the aerodrome elevation in standard conditions according to the aeroplane estimated mass on arrival at the destination alternate aerodrome, or destination aerodrome when no destination alternate aerodrome is required, and shall not be less than: (i) for aeroplanes with reciprocating engines, the fuel/energy to fly for 45 minutes; or (ii) for turbine-engined aeroplanes, the fuel/energy to fly for 30 minutes; (6) additional fuel/energy, if required by the type of operation; it shall be the amount of fuel/energy to enable the aeroplane to land at a fuel/energy en route alternate aerodrome (fuel/energy ERA aerodrome critical scenario) in the event of an aircraft failure that significantly increases the fuel/energy consumption at the most critical point along the route; this additional fuel/energy is required only if the minimum amount of fuel/energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event; (7) extra fuel/energy to take into account anticipated delays or specific operational constraints; and (8) discretionary fuel/energy, if required by the commander. (d) The operator shall ensure that in-flight re-planning procedures for calculating the usable fuel/energy that is required when a flight proceeds along a route or to a destination aerodrome other than the ones originally planned include points (c)(2) to (c)(7).’; (i) point CAT.OP.MPA.182 is replaced by the following: ‘CAT.OP.MPA.182 Fuel/energy scheme – aerodrome selection policy – aeroplanes (a) At the planning stage, the operator shall ensure that once the flight has commenced, there is reasonable certainty that an aerodrome where a safe landing can be made will be available at the estimated time of use of that aerodrome. (b) At the planning stage, to allow for a safe landing in case of an abnormal or emergency situation after take-off, the operator shall select and specify in the operational flight plan a take-off alternate aerodrome if either: (1) the meteorological conditions at the aerodrome of departure are below the operator’s established aerodrome landing minima for that operation; or (2) it would be impossible to return to the aerodrome of departure for other reasons. (c) The take-off alternate aerodrome shall be located within a distance from the departure aerodrome that minimises the risk of exposure to potential abnormal or emergency situations. In selecting the take-off alternate aerodrome, the operator shall consider at least the following: (1) actual and forecast meteorological conditions; (2) availability and quality of the aerodrome infrastructure; (3) navigation and landing capabilities of the aircraft in abnormal or emergency conditions, taking into account the redundancy of critical systems; and (4) approvals held (e.g. extended range operations with two-engined aeroplanes (ETOPS), low visibility operation (LVO), etc.). (d) At the planning stage, for each instrument flight rules (IFR) flight, the operator shall select and specify in the operational and air traffic services (ATS) flight plans one or more aerodromes so that two safe-landing options are available during normal operation when: (1) reaching the destination aerodrome; or (2) reaching the point of no return, to any available fuel/energy ERA aerodrome during isolated aerodrome operations; a flight to an isolated aerodrome shall not be continued past the point of no return unless a current assessment of meteorological conditions, traffic, and other operational conditions indicates that a safe landing can be made at the destination aerodrome at the estimated time of use. The operator shall obtain prior approval from the competent authority for the use of an isolated aerodrome as destination aerodrome. (e) The operator shall provide appropriate safety margins to flight planning to take into account a possible deterioration of the available forecast meteorological conditions at the estimated time of landing. (f) For each IFR flight, the operator shall ensure that sufficient means are available to navigate to and land at the destination aerodrome or at any destination alternate aerodrome in the event of loss of capability for the intended approach and landing operation.’. (j) point CAT.OP.MPA.185 is replaced by the following: ‘CAT.OP.MPA.185 Fuel/energy scheme – in-flight fuel/energy management policy – aeroplanes (a) The operator shall establish procedures for in-flight fuel/energy management that ensure: (1) continual validation of the assumptions made during the planning stage (pre-flight or in-flight re-planning, or both); (2) re-analysis and adjustment, if necessary; (3) that the amount of usable fuel/energy remaining on board is protected and not less than the fuel/energy that is required to proceed to an aerodrome where a safe landing can be made; and (4) relevant fuel/energy data for the purpose of points (1), (2), and (3) shall be recorded. (b) The operator shall have procedures in place to require the commander to obtain delay information from a reliable source when unforeseen circumstances may result in landing at the destination aerodrome with less than the final reserve fuel/energy plus any: (1) fuel/energy to proceed to an alternate aerodrome, if required; or (2) fuel/energy required to proceed to an isolated aerodrome. (c) The commander shall advise air traffic control (ATC) of a ‘minimum fuel/energy’ state by declaring ‘MINIMUM FUEL’ when the commander has: (1) committed to land at a specific aerodrome; and (2) calculated that any change to the existing clearance to that aerodrome may result in landing with less than the planned final reserve fuel/energy. (d) The commander shall declare a situation of ‘fuel/energy emergency’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’ when the usable fuel/energy that is calculated to be available upon landing at the nearest aerodrome where a safe landing can be made is less than the planned final reserve fuel/energy.’; (k) point CAT.OP.MPA.186 is deleted; (l) point CAT.OP.MPA.190 is replaced by the following: ‘CAT.OP.MPA.190 Fuel/energy scheme – helicopters (a) The operator shall establish, implement, and maintain a fuel/energy scheme that comprises: (1) a fuel/energy planning and in-flight re-planning policy; and (2) an in-flight fuel/energy management policy. (b) The fuel/energy scheme shall: (1) be appropriate for the type(s) of operation performed; and (2) correspond to the capability of the operator to support its implementation. (c) The fuel/energy scheme and any change to it shall require prior approval by the competent authority.’; (m) the following points CAT.OP.MPA.191 and CAT.OP.MPA.192 are inserted: ‘CAT.OP.MPA.191 Fuel/energy scheme – Fuel/energy planning and in-flight re-planning policy – helicopters (a) As part of the fuel/energy scheme, the operator shall establish a fuel/energy planning and in-flight re-planning policy to ensure that the aircraft carries a sufficient amount of usable fuel/energy to safely complete the planned flight and to allow for deviations from the planned operation. (b) The operator shall ensure that the fuel/energy planning of flights is based upon at least the following elements: (1) procedures contained in the operations manual as well as: (i) current aircraft-specific data derived from a fuel/energy consumption monitoring system; or (ii) data provided by the aircraft manufacturer; and (2) the operating conditions under which the flight is to be conducted including: (i) aircraft fuel/energy consumption data; (ii) anticipated masses; (iii) anticipated meteorological conditions; (iv) the effects of deferred maintenance items or of configuration deviations, or both; and (v) procedures and restrictions introduced by air navigation service providers. (c) The operator shall ensure that the pre-flight calculation of the usable fuel/energy that is required for a flight includes: (1) taxi fuel/energy, which shall not be less than the amount expected to be used prior to take-off; (2) trip fuel/energy; (3) contingency fuel/energy; (4) destination alternate fuel/energy if a destination alternate aerodrome is required; (5) final reserve fuel/energy, which shall not be less than: (i) if flying under visual flight rules (VFR) and navigating by day with reference to visual landmarks, 20-minute fuel/energy at best-range speed; or (ii) if flying under VFR and navigating by means other than by reference to visual landmarks or at night, 30-minute fuel/energy at best-range speed; or (iii) if flying under instrument flight rules (IFR), 30-minute fuel/energy at holding speed at 1 500 ft (450 m) above the aerodrome elevation in standard conditions, calculated according to the helicopter estimated mass on arrival at the destination alternate aerodrome or at the destination aerodrome when no destination alternate aerodrome is required; (6) extra fuel/energy, to take into account anticipated delays or specific operational constraints; and (7) discretionary fuel/energy, if required by the commander. (d) The operator shall ensure that if a flight has to proceed along a route or to a destination aerodrome other than the ones originally planned, in-flight re-planning procedures for calculating the required usable fuel/energy include: (1) trip fuel/energy for the remainder of the flight; (2) reserve fuel/energy consisting of: (i) contingency fuel/energy; (ii) alternate fuel/energy if a destination alternate aerodrome is required; (iii) final reserve fuel/energy; and (iv) additional fuel/energy, if required by the type of operation; (3) extra fuel/energy, to take into account anticipated delays or specific operational constraints; and (4) discretionary fuel/energy, if required by the commander. (e) As an alternative to points (b) to (d), for helicopters with a maximum certified take-off mass (MCTOM) of 3 175 kg or less, flying by day and over routes navigated by reference to visual landmarks, or for local helicopter operations (LHO), the fuel/energy policy shall ensure that on completion of the flight, or series of flights, the final reserve fuel/energy is sufficient for: (1) 30-minute flying time at best-range speed; or (2) 20-minute flying time at best-range speed, if operating within an area providing continuous and suitable operating sites’. CAT.OP.MPA.192 Selection of aerodromes and operating sites – helicopters (a) For flights under instrument meteorological conditions (IMC), the operator shall select a take-off alternate aerodrome within one-hour flying time at normal cruising speed if it is not possible to return to the site of departure for meteorological reasons. (b) At the planning stage, for each instrument flight rules (IFR) flight, the operator shall select and specify in the operational and air traffic services (ATS) flight plans one or more aerodromes or operating sites so that two safe-landing options are available during normal operation, except as provided for under point SPA.HOFO.120 (b). (c) The operator shall apply appropriate safety margins to flight planning to take into account a possible deterioration of the available forecast meteorological conditions at the estimated time of landing. (d) For each IFR flight, the operator shall ensure that sufficient means are available to navigate to and land at the destination aerodrome or at any destination alternate aerodrome in the event of loss of capability for the intended approach and landing operation.’; (n) point CAT.OP.MPA.195 is replaced by the following: ‘CAT.OP.MPA.195 Fuel/energy scheme – in-flight fuel/energy management policy – helicopters (a) The operator shall establish procedures to ensure that in-flight fuel/energy checks and fuel/energy management are performed. (b) The commander shall monitor the amount of usable fuel/energy remaining on board to ensure that it is protected and not less than the fuel/energy that is required to proceed to an aerodrome or operating site where a safe landing can be made. (c) The commander shall advise air traffic control (ATC) of a ‘minimum fuel/energy’ state by declaring ‘MINIMUM FUEL’ when the commander has: (1) committed to land at an aerodrome or operating site; and (2) calculated that any change to the existing clearance to that aerodrome or operating site, or other air traffic delays, may result in landing with less than the planned final reserve fuel/energy. (d) The commander shall declare a situation of ‘fuel/energy emergency’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’ when the usable fuel/energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel/energy.’; (o) the following point CAT.OP.MPA.200 is replaced: ‘CAT.OP.MPA.200 Special refuelling or defuelling of the aircraft (a) Special refuelling or defuelling shall only be conducted if the operator: (1) has performed a risk assessment; (2) has developed procedures; and (3) has established a training programme for its personnel involved in such operations. (b) Special refuelling or defuelling applies to: (1) refuelling with an engine running or rotors turning; (2) refuelling/defuelling with passengers embarking, on board, or disembarking; and (3) refuelling/defuelling with wide-cut fuel. (c) For aeroplanes, any special refuelling or defuelling procedures and any change to them shall require prior approval by the competent authority. (d) For helicopters, refuelling procedures with rotors turning and any change to them shall require prior approval by the competent authority.’; (p) point CAT.OP.MPA.245 (a)(1) is replaced by the following: ‘(1) commence the flight; or’; (q) point CAT.OP.MPA.246 (a) is replaced by the following: ‘(a) the decision point when using the reduced contingency fuel/energy procedure; or’; (r) point CAT.OP.MPA.260 is replaced by the following: ‘CAT.OP.MPA.260 Fuel/energy and oil supply The commander shall only commence a flight or continue in the event of in-flight re-planning, when satisfied that the aircraft carries at least the planned amount of usable fuel/energy and oil to safely completethe flight, taking into account the expected operating conditions.’; (s) point CAT.OP.MPA.280 ‘In-flight fuel management – aeroplanes’ is replaced by the following: ‘CAT.OP.MPA.280 [INTENTIONALLY LEFT BLANK].’; (t) point CAT.OP.MPA.281 is deleted; (u) point CAT.POL.A.220 (f) is replaced by the following: ‘(f) The expected mass of the aeroplane at the point where the two engines are assumed to fail shall not be less than that which would include sufficient fuel/energy to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at an altitude of at least 1 500 ft (450 m) directly over the landing area, and thereafter, to fly for 15 minutes at cruising power or thrust, as appropriate.’; (v) point CAT.POL.A.420 (d) is replaced by the following:: ‘(d) The expected mass of the aeroplane at the point where the two engines are assumed to fail shall not be less than that which would include sufficient fuel/energy to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at an altitude of at least 1 500 ft (450 m) directly over the landing area, and thereafter, to fly for 15 minutes at cruising power or thrust, as appropriate.’; (w) point CAT.IDE.A.195 (e) is replaced by the following: ‘(e) The requirements applicable to the start and stop logic of the data link recorder are the same as the requirements applicable to the start and stop logic of the cockpit voice recorder (CVR) that are contained in point CAT.IDE.A.185.’;