NOTES OF THE COMMERCIAL AIR TRANSPORT CONSULTATIVE COMMITTEE MEETING (CATCC 12) HELD AT AVIATION HOUSE GATWICK ON 17 JUNE 2008
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1 NOTES OF THE COMMERCIAL AIR TRANSPORT CONSULTATIVE COMMITTEE MEETING (CATCC 12) HELD AT AVIATION HOUSE GATWICK ON 17 JUNE 2008 Present: Mr J Benyon Captain M Alder Captain D Antrobus Captain M Dash Captain A Fisher Captain J Marshall Captain A Mitchell Captain S Solomon Mr J Stubbs Head Flight Operations Policy (Chairman) Flight Operations Policy (Commercial) (Secretary) CAA Staff in attendance: Mrs P Ricketts Mr G Parker Captain E Bewley Mr T Longhurst Mr M Dobson Captain T Neale Safety Regulation Group European Focal Point Head of Flight Operations European Strategy Head of Flight Operations Inspectorate (Aeroplanes) Air Traffic Standards Department Personnel Licensing Department Flight Operations Training Inspector Observer: Air Commodore R Jones UK Flight Safety Committee INTRODUCTION The Chairman welcomed the members to the twelfth meeting of the Commercial Air Transport Consultative Committee (CATCC). He explained that Captain David Chapman had a prior engagement and was therefore unable to attend and Chair the meeting. He welcomed Mr Jerry Stubbs who was taking over as Secretary of the CATCC and gave a big vote of thanks to Ed Golden who had given sterling service as the Secretary of the CATCC since the very first meeting. He welcomed Mr M Dobson, Mr T Longhurst and Captain T Neale from the CAA who were attending the CATCC for the first time. The Chairman also extended a warm welcome to Richard Jones, the Chief Executive of the UK Flight safety Committee who was attending the meeting as an observer. 1
2 AGENDA ITEM 1 Apologies for Absence: The following apologies for absence had been received: Captain Chapman who was unable to attend due to a prior commitment. Captain P Tait who was unable to attend due to a prior commitment. Captain T Price who was unable to attend due to a type conversion course. Captain T Jones who was unable to attend due to a prior commitment. Mr A Hughes who was unable to attend due to a prior commitment. AGENDA ITEM 2 Accuracy of Notes of CATCC 11 The notes of CATCC 11 were accepted as an accurate record. AGENDA ITEM 3 Matters Arising from CATCC 11 Item 3 Turns on the Runway following an Engine Failure and Item 4 Lateral Offsets were covered in Agenda Item 4. The Encroachment into the Area of Operational Regulation and Control By Air Traffic Control and Aerodrome Operations. This issue was discussed under Any Other Business at the February 2008 meeting where the Chairman acknowledged that the issue was topical and needed to be discussed. The Chairman gave a brief to the Committee on the various ways in which the CAA internally meets to discuss issues that may impact all aspects of aviation. It was commented it that was not necessarily just an internal issue but also an external one. For example, an airfield operator applying CAP 168 (which is a licensing document) on a day to day basis, imposing restrictions on the operation of aircraft which may be allowable under the terms of an aircraft downgraded or deficient equipment table. Mr Richard Jones stated that there were other forums, such as the NATS Safety Partnership Agreement (SPA), that helped address such issues across industry and the regulators. It was decided that the CATCC and such groups as the SPA were good places to air such issues. The Chairman stated that he would be taking this issue to the forthcoming Flight Operations/Aerodrome Standards/Air Traffic Standards Liaison meeting. Action: Chairman 2
3 (Post-meeting Note: The subject was discussed at the SRG Flight Operations/Air Traffic Standards/Aerodrome Standards Liaison Meeting held on 18 January. Following the B777 incident and other lower profile equipment failures last year, Heathrow Airport Limited (HAL) has put together a working group to deal with the issue. At a meeting chaired by the Airside Operations Manager and involving representatives from CAA/ASD, NATS, BA and BMI, HAL confirmed that they are working towards a new Operational Safety Instruction aimed at giving the operations team guidance for use in non normal situations. Historically, HAL operations staff have used CAP 168 as their guidance on occasions where a critical piece of equipment has failed. With the dual runway facility this has meant that the airport has largely been able to continue operations. However, it has been recognised that in the months leading up to the B777 incident there were a couple of occasions where operational decisions were made which had an impact on aircrew. The most significant of these was a change of runway (and a change from a precision approach to a non precision approach) due to a failure of the PAPI and subsequent priority rectification work on the duty runway. This did not create a hazardous situation but it did increase flight crew workload. It is acknowledged that, if there had been a better understanding of the pilots' ability to assess the failure of ground based equipment and modify their procedures accordingly, a more appropriate action would have been to issue a NOTAM and make a broadcast on the ATIS that the PAPIs were out of service. This would give pilots the opportunity to make a judgement on how to proceed based on their operational procedures. HAL are looking at developing a mechanism where the Operations Duty Manager and the ATC Watch Manager can liaise with certain duty Management Pilots from BA Virgin and BMI. It is hoped that this could assist them in their decision making process when dealing with equipment failures on the aerodrome.) AGENDA ITEM 4 Update of Outstanding Issues Lateral Offsets Captain Fisher had just returned from the ICAO Separation and Airspace Safety Panel and briefed the Committee as to the outcome. He stated that three proposals were submitted to the panel and two were considered. The panel had expressed a desire for the implementation of Automatic Micro Offsets as a long term goal however the use of Crew Entered Micro Offsets would be more realistic in the short term. It was also noted that not all aircraft would currently be able to apply Micro Offsets as the Flight Management Systems would not allow entries of less than 0.5 mile. An ICAO State letter was to be prepared outlining the proposed way forward but the timescale was not yet known. Captain Bewley Stated that the take up of the Strategic Lateral Offset Procedure has increased and now stood at 27% Turns on the Runway Following an Engine Failure 3
4 At the February 2008 CATCC Meeting, the Committee agreed that the CAA should offer advice to industry and remind them of the recommendations following the Manchester accident. As a result of internal discussions within the CAA, Captain Bewley stated that the CAA will publish either a FODCOM or an AIC, aiming to give advice to operators without being overly prescriptive. A draft of the document would be circulated internally within the CAA and then distributed for comment amongst the members of the Committee before being published. Action: Captain Bewley AGENDA ITEM 5 The Conduct of Operator Proficiency Checks by non-uk Third Party Providers Captain Marshall commented that most business jet operators outsource their Operator Proficiency Check (OPC)/Licence Proficiency Check (LPC) to third party providers. (e.g. Flight Safety International and Bombardier/CAE). Most of these simulators are in the USA and currently the checks are conducted by CAA approved Synthetic Flight Examiners (SFEs). Logistically this is difficult, as it would mean all SFEs have to comply with JAR/EU-OPS subpart N and hold an OPC with each individual operator on each individual type. This also applies to the Crew Resource Management Instructor (CRMI) training qualification. Captain Neale tated that Flight Safety International has established a CAA style examination programme and that the CRMI qualification is not company specific. There is a plan for an SFE to hold an OPC on type with just one UK operator and they would also hold a UK style CRMI qualification. It was commented that it would be up to the Service Provider to ensure that this was carried out as soon as possible as it was they who were selling their services to the operator. Captain Neale in conclusion warned that under EASA-OPS there was the possibility that the skills test may have to be conducted within the EU. The committee felt that this was impractical and may be political posturing AGENDA ITEM 6 EU-OPS/EASA IR Update Mr Parker updated the Committee on the progress of EU-OPS and the forthcoming EASA Implementing Rules (IRs). He stated that EU-OPS will become EU law on 16 July 2008 and as Regulation will trump national law. This is resulting in a high workload for operators and the CAA Flight Operation Inspectors, as most aeroplane AOCs will have to transfer to an EU-OPS AOC before 16 July
5 On the subject of exemptions, Mr Parker stated that there were two types generally available, a derogation and a short term exemption. The CAA had applied for seven derogations and at a recent EASA meeting two were agreed (the 1000 approach point and passenger weights where no hand baggage is carried) The remaining five were still work in progress. An operator with an individual problem that required a short term exemption should submit their request through their Flight Operations Inspector. The committee requested that NATS be informed of the derogation on the 1000 approach point. Action: Secretary Captain Solomon asked what advice the Committee could give on the release of Regulation (EC) 1107/2006 regarding the carriage of Persons of Reduced Mobility (PRMs). To carry a large number of PRMs on any one flight is not currently allowed as there are safety concerns and individual limits have been set for each aircraft. There are also issues with the restraint of assist animals. Some operators refuse to carry them in the cabin whilst others will. In all cases there is always the threat of litigation for non-compliance with the Regulation. Captain Bewley stated that operating rules were written before this Regulation was issued and suggested that this was a subject that could be discussed further at the Flight Operations Liaison Group (FOLG). It may also be of value to operators to put the issue through their own Safety Management System. Guidance on the carriage of assist dogs was covered in a FODCOM and has now been included in CAP 768, Guidance Material for Operators. Captain Alder suggested that a computer simulation should be run to test passenger evacuation with large number of PRMs. (Post Meeting Note: It was discovered that EASA has placed a tender for such a simulation to be carried out.) Captain Marshall inquired as to the legal status of certain publications, in particular the Air Navigation Order (ANO), the JAA Section 2 material and CAA CAPs. Mr Parker stated that EU-OPS replaced the relevant sections of the ANO. All relevant JAA Section 2 material has been gathered together and issued as TGL 44 and can be used as the AMC/IEM material for EU-OPS. The CAPs are not legally binding and such publications as CAP 371 and 768 will continue. Mr Parker then outlined the progress being made with the EASA IRs. This is currently work in progress and the final draft should be available for comment during August Captain Dash asked if there was any general UK forum available to discuss the IRs. Mrs Ricketts informed the meeting that EASA was setting up its own workshop but a UK forum had been discussed with the DfT who plan to hold a UK symposium. Mrs Ricketts also asked the members of the Committee to review EASA NPA Essential Requirements for Civil Aviation 5
6 Environmental Protection as the scope of the NPA was larger than expected and was open for comment until 30 August 08. Captain Solomon asked if there was a timeline for the issue of the remaining JAA JAR-OPS NPAs, Mrs Ricketts answered that there was a schedule on the EASA website advanced planning document. AGENDA ITEM 7 EASA Personnel Licensing Update. Mr Dobson briefed the Committee on the implementation of the forthcoming EASA licensing rules. The Basic Regulation for Personnel Licensing was issued on 8 April 08 and the draft IRs were published on 5 June 08. The comment period for the rules is open until 5 Sep 08 although it is expected that this will be extended by a further 3 months. As a result it is anticipated that the earliest the Implementing Rules for Licensing will become law is The rules are divided into 3 sections: A. Explanatory Notes and Appendices. B. Flight Crew Licensing C. Medical This is not however the full story as the rules on Management Systems and Authority Requirements are still to be published, these will apply to all disciplines including Flt Operations, Air Traffic and Aerodromes. Mr Dobson noted that the IRs do not include any reference to validation or at the discretion of the Authority. They are intended to be simple, clear and unambiguous Mr Dobson gave a warning that Flight Crews should ensure they hold a JAA license and not a national one. The holder of a valid JAA license will automatically qualify for the EASA equivalent, but this may not be the case with a national one. The EASA rules for the qualification of examiners appear to be less demanding than current accepted practice and gives no discretion to NAAs to control the quality of examiner candidates. There is also a change in the requirements for the English Language Proficiency Test. Currently the requirements for the revalidation of this qualification are given as a recommendation. Under EASA this will be a requirement. Unfortunately the period for this revalidation is not the same as for the License itself, e.g. a grade 4 qualification will only last for 3 years, resulting in increased monitoring. AGENDA ITEM 8 6
7 Single European SKY ATM Research Programme (SESAR) Mr T Longhurst presented a brief to the committee on the progress of SESAR. The briefing slides are included as Attachment 1 to these notes. The SESAR project (formerly known as SESAME) is the European air traffic control infrastructure modernisation programme. SESAR aims at developing the new generation air traffic management system for Europe capable of ensuring the safety and fluidity of air transport over the next 30 years. SESAR will be run in three major phases: a. Definition Phase ( ) b. Development Phase ( ) c. Deployment Phase ( ) Mr Longhurst stated that there appeared to be a few areas for concern with the progress of the project. The continued progress of the project requires the implementation of the ATM Service Level 0 and 1 initiative, which is not controlled by the programme and there would potentially be a very large cost on industry running into 10s of billions of Euros. Mr Longhurst also commented that the timeline at present looked doubtful, as the necessary changes in regulation will not have occurred. Mr R Jones commented that following a discussion with DfT it appeared that this project appeared to be a purely technical one with little political backing as of yet. AGENDA ITEM 9 Change of Ownership of AOC Holder This Item was held over from the previous meeting. Captain Antrobus asked: If an AOC holding company is bought out and taken into new ownership are the necessary CAA inspections and approvals of the new ownership, especially in regards to financial fitness and approval of designated post holders, done PRIOR to the CAA accepting notice of new ownership? Captain Bewley replied that, according to existing procedures, providing the company registration number remained the same then no formal enquiry would ensue. If subsequently the nominated Accountable Manager or nominated Post Holders were to change then there are defined procedures, which would be followed. If however the company registration number was changed then it would be regarded as a new AOC application. AGENDA ITEM 10 and AGENDA ITEM 11 7
8 It was agreed that these items could be deferred to the next meeting, as there was limited time to complete them. AGENDA ITEM 12 Any Other Business There were no items of any other business. AGENDA ITEM 13 Date of Future Meeting: 21 October
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