Reg. 29/2009 (DLS) Exemptions - PDF Free Download

Reg. 29/2009 (DLS) Exemptions DLS workshop 17 November 2017 TE.GEN.00409-001

Reg. 29/2009 (DLS) Exemptions Agenda Background (applicability, EC request) DLS Exemptions (options, text, report) RMT.0524 (EC request, ToR) 17/11/2017 Agenda 2

Background: Regulation 29/2009 (as amended) applicability/exemptions Regulation 29/2009 laying down requirements on data link services for the single European sky. Applicable to all IFR GAT flights above FL 285. Article 3 Operators - DLS Capability by 5 Feb 2020, except: aircraft C of A first issued before 1 January 2014 and fitted with data link equipment (FANS) aircraft C of A first issued before 31 December 2003 ceasing operation before 31 December 2022 state aircraft Testing/delivery/maintenance. Article 14 Exemptions Criteria eligibility (a) aircraft types reaching the end of their production life and being produced in limited numbers; and (b) aircraft types for which reengineering costs required would be disproportionate due to old design. Preamble A significant % of flights, not less than 75 %, should be equipped with DLS capability Regulation applicable from 5 February 2018. 17/11/2017 Background - DLS regulation 3

Background - EC request short term review A review of Regulation (EC) No 29/2009 with the purpose: to assess, clarify and adapt the conditions for exemptions. to clarify the provisions regarding non-aoc traffic operators. to review of the existing Decisions on exemptions, considering the newly established criteria (conditions for exemptions). to assess the latest relevant ICAO Amdts. to Annex 10, 11, their impacts and modifications to the regulation. Short term review status DLS exemptions report has been delivered to the European Commission. 17/11/2017 Background - DLS regulation 4

DLS exemptions short term review DLS implementation performance results uncertain DLS Reg. (cca. min.75%) Stakeholders feedback Previous Decisions and additional applications Commission request and expectations Options Existing DLS IR exemptions conditions 17/11/2017 DLS Exemptions 5

DLS exemptions short term review - Stakeholders feedback Focused consultation in Brussels 22 May 2017 - stakeholders included CANSO, IATA, IACA/AIRE, TCHs (Boeing, Airbus), EBAA, GAMA, Eurocontrol. Feedback: any change of the exemption criteria at this time, would trigger exemption requests for re-validation/or new requests, which may result in differences in the exemption list. regulation should not be postponed again. some avionics solutions (dual-stack) may not be available for certain aircraft types. operators of aircraft 19 or less pax should be exempted for current DLS requirements (until the ATN B2 usage is required). non-aoc traffic issue may not be regulatory rather contractual in nature, therefore regulation needs to be enforced. keep the sunset criteria (cease operations by 2022) in the regulation. clarifications needed (e.g. incorporation of the FANS 1/A design change for aircraft with a CofA prior to 2014) 17/11/2017 DLS Exemptions - Stakeholders feedback 6

DLS exemptions report Existing Decisions On the basis of Art 14, two Commission Decisions have been adopted so far: Decision C (2611) of 20 May 2011 Decision C (9074) of 9 Dec 2011 3rd final consolidated Decision is still in preparation 3 rd consolidated decision is proposed to be based on the exemptions table 17/11/2017 DLS Exemptions Options 8

DLS exemptions report Existing exemptions conditions Exemptions table (type/model exemptions) Article 14: (a) aircraft types reaching the end of their production life and being produced in limited numbers; and (b) aircraft types for which re-engineering costs required would be disproportionate due to old design. Considerations (a) end of the aircraft production life and produced in limited numbers: production reached its peak, production in decline phase, 95% of the production has been delivered, and (b) Disproportionate cost: Approach 1 - Cost of retrofit as percentage of the average current market value Approach 2 Cost of retrofit in relation to the aircraft specific benefit from DLS Approach 3 Proportionality: Cost of retrofit in relation to the cost of forward fit 17/11/2017 DLS Exemptions Options 9

DLS exemptions - Options Various options have been considered. Examples are provided below: Option 0: Implement current DLS IR plus aircraft types exempted as per the Exemptions table base for draft Decision 3. Option 1: Exemption criteria Current automatic exemptions There will be no type /model based exemptions Exempt aircraft with a first CofA prior to 1st January 2000 Exempt aircraft operated in accordance with in non-commercial type operations Exempt aircraft 19 passenger seats or less and a MTOM of 45359 Kg /100000 lbs or less 17/11/2017 DLS Exemptions Options 10

DLS exemptions report - Options Criteria Explanation exempt aircraft equipped with FANS 1/A, with a first CofA FANS 2014 prior to 1 January 2014 (existing in the DLS regulation) exempt aircraft equipped with FANS 1/A, with a first CofA FANS 2018 prior to 1 January 2018 Draft exempt aircraft based on the type/model exemption list proposal 3 proposed by draft Decision 3 CofA year exempt aircraft with a first CofA prior to 1 January 2000 2000 CofA 1995 exempt aircraft with a first CofA prior to 1 January 1995 Noncommercial exempt aircraft operating non-commercial exempt aircraft with a certified seating configuration of 19 Seat number seats or less and a MTOM of 45359 Kg/100000 lbs or less (first CofA prior to Feb. 2020) exempt aircraft with first CofA prior to 31 December 2003, Sunset 2022 which will retire by 31 December 2022 (existing in the DLS regulation) 17/11/2017 DLS Exemptions Options 11

DLS exemptions report - Options Option 5 is the proposed option in the DLS exemptions report. Option 5: Exemption criteria Option 0, plus exempting(or changing criteria) as follows: Aircraft with a first CofA prior to 1st January 1995 Aircraft operated in accordance with non-commercial type operations Aircraft with a seating capacity of 19 passenger seats or less and a MTOM of 45359 Kg / 100000 lbs or less - retrofit Revised automatic exemptions (Article 3) + Revised list of models/types (Article 14) ( Exemptions table) FANS-1/A requirement, is revised extending the exemptions for aircraft equipped with FANS-1/A with a first CofA of 1 January 2018. SHARE OF FLIGHT HOURS, OPTION 5 32.4% Nonexempted 67.6% Exempted 32.4% Share of exempted flight hours 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% 29.5% 27.0% 24.7% 22.5% 20.6% 18.8% 2017 2018 2019 2020 2021 2022 2023 Year Note: Due to the sunset 2022 criterion, 1.6% points should be added for all options (ending in 2022) 17/11/2017 DLS Exemptions Options 12

DLS exemptions report- automatic exempt./type exempt. Option 5 Proposed revised automatic exemptions (Article 3) 3. Paragraph 2 shall not apply to: (a) aircraft with an individual certificate of airworthiness first issued before 1 January 20148 and fitted prior to this date with data link equipment certified against compliant with the requirements of one of the Eurocae documents specified in point (10) of Annex III; (b) aircraft engaged in non-commercial operations; (c) aircraft with an individual certificate of airworthiness first issued before 1 January 1995; (bd) aircraft which have an individual certificate of airworthiness first issued before 31 December 2003 and which will cease operation in the airspace referred to in Article 1(3) before 31 December 2022; + Exempt from Retrofit A330 Series 200/300 Global Express/5000 CL-600-2C10 (CRJ-700) C525C, CJ4 C560XL (Citation XLS+) F2000 F900 EMB-500 (Phenom 100) EMB-505 (Phenom 300) EMB-135BJ (Legacy 600) EMB-135EJ (Legacy 650) Revised list of models/types proposed for exemption (Article 14) ERJ 145 Family (135/140/145) PC-12 NG Not Exempt ACJ318 ACJ319 ACJ320 ACJ-321 B737-700IGW (BBJ) B737-800 (BBJ2) B737-900ER (BBJ3) B767-300F ERJ 190-100ECJ (e) aircraft which have a certified maximum seating capacity of 19 passengers or less and a MTOM of 45359 Kg (100000 lbs) or less, with a first individual certificate of airworthiness issued before 5 February 2020; (cf) State aircraft; (dg) aircraft flying in the airspace referred to in Article 1(3) for testing, delivery or for maintenance purposes or with data link constituents temporarily inoperative under conditions specified in the applicable minimum equipment list [ ]. 4. Member States which decide to equip new transport type State aircraft entering into service after 1 January 2019 [ ] Exemption only for retrofit means that all the aircraft with the first CofA prior to 5 February 2020 are exempted from complying with the DLS regulation. Aircraft with a first CofA after 5 February 2020 and prior to 5 Feb 2022 should be equipped by 5 February 2022. Aircraft with a first CofA after 5 February 2022, shall be equipped, to operate All aircraft operating from 5 February 2022 must be DLS equipped Proposed exemptions aircraft types file attached Note: differences (from applications) shown above 17/11/2017 DLS exemptions - Automatic exempt./type exempt. 13

DLS exemptions report other issues ICAO Annexes assessment The ICAO provisions referred in Article 3, 5, 6, 7, 8, 9 and 13 and Annex IV, are recommended to be updated. Additional review is needed. To be addressed during the RMT.0524. Non-AOC traffic issue To be addressed during the RMT.0524. Other clerical changes Various other clerical issues in the DLS IR are proposed. 17/11/2017 DLS Exemptions Report 14

DLS exemptions - recap 1 2 Proposal to revise the Automatic exemptions (Article 3) Proposal to base Decision 3 (DLS exemptions) on the Exemptions table and repeal Decision 1 and 2 6 Correct clerical issues Propose minimal change to Article 14, just adding models 3 Remaining issues (non-aoc, ICAO amdt. review) transferred to RMT.0524 Update ICAO references* 5 4 17/11/2017 DLS Exemptions Report 15

RMT.0524 - EC request - Status Initiation of Data link Service (RMT.0524) DLS implementation needs stemming from the ELSA recommendations, and notably the requirements for ELSA Model D implementation identification and development of an "end-to-end Certification/validation" framework clarification of the notion of "best in class" performance and the related avionics improvements. Other regulatory needs to implement PCP AF6 (I4D) RMT.0524 status ToR of the RMT.0524 (with the Advisory Bodies for consultation - 27 November 2017) Expected ToR and GC publication on EASA website January 2018 or earlier. First RMG meeting planned for mid-january 2018. Draft ToR RMT.0524 Issue 1 17/11/2017 RMT.0524 EC request/status 16

RMT.0524 - EC request - Status RMT.0524 schedule ToR (RMT.0524) January 2018 NPA Q4 2018 CRD/OPINION Q2 2019 DLS IR amendment adopted Q4 2019 Note: schedule may be affected by various deliverables (e.g. Model D definition, capacity study, etc.) 17/11/2017 RMT.0524 EC request/status 17

RMT.0524 - EC request - Status Draft ToR for RMT.0524 content Address implementation issues for current DLS IR: EASA Model D regulatory framework End to End performance Best in class avionics - clarification, performance Non-AOC traffic issue Update to the latest ICAO Amendments. Take into consideration the 2 SIBs issued with regards to DLS Support Initial trajectory information sharing (I4d) PCP regulation AF6 Support to Air OPS (independent schedule) To clarify how MSs and European operators are to comply with the applicable PBCS requirements, initially for operations in the NAT airspace. 17/11/2017 RMT.0524 EC request/status 18

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