Document ID: chunk:federal_register_of_legislation:F2023C00696:body:0:p15
Version: federal_register_of_legislation:F2023C00696
Segment Type: other
Provision Reference: 
Character Range: 40555–43562

the operations manual in accordance with this Chapter, the FRMS must also be supported by the following documentation, namely, up‑to-date identification, description and records of the following:
(a) the personnel accountabilities, responsibilities and authorities for effective implementation of the FRMS, including the FRMS Manager;
(b) the mechanisms for ongoing involvement in fatigue risk management of management, operational personnel, and all other relevant personnel;
(c) the FRMS training programs, training requirements and records of attendance at training;
(d) scheduled and actual duty and non-duty periods and break periods between periods of time-in-position in a duty period with significant deviations and reasons for deviations noted;
(e) the FRMS outputs, including findings from collected data, and recommendations and actions taken.
Note   An ATS provider's operations manual must contain the details of the FRMS: see paragraph 2.1.2.1(oa).

    4.08 FRMS practical operating procedures
       (1) The FRMS practical operating procedures must set out:
(a) maximum values for each operational person for the following:
 (i) the number of hours in a duty period;
 (ii) the number of consecutive work days;
 (iii) the number of hours worked in a defined period;
 (iv) the time-in-position in a duty period; and
(b) minimum values for each operational person for the following:
 (i) the duration of a non-duty period;
 (ii) the number of non-duty days required in a defined period;
           (iii) the duration of breaks between periods of time-in-position in a duty period.
Note   The terms duty period and non-duty period are defined in section 4.02.
       (2) For the purposes of subsection (1), the values for each operational person must be based on scientific principles and knowledge and subject to safety assurance processes.
       (3) If an ATS provider acquires data from an FRMS which indicates that the maximum and minimum values required under paragraphs (1)(a) and (b) are too high or too low, respectively, the ATS provider must amend the FRMS (in accordance with the requirements of section 4.12) to ensure that these values are acceptable.
       (4) The procedures may provide that a maximum or minimum value mentioned in subsection (1) can be varied to address sudden and unforeseen operational circumstances, if:
(a) the ATS provider records:
 (i) the reason for the deviation; and
 (ii) the extent of the deviation; and
 (iii) the date and time when the deviation took place; and
(b) the ATS provider carries out a safety assessment which demonstrates that any associated risks will be managed to ensure a level of safety equivalent to that which would exist if no deviation from the values had occurred.

    4.09 FRMS hazard identification, risk assessment and mitigation procedures

 FRMS hazard identification procedures
       (1) FRMS hazard identification procedures must be based on the following processes for fatigue-related hazard identification:
(a) the