INTRODUCTION The NBAA Management Guide is an industry how to manual for business aviation management. Recognized as one of NBAA ’s most popular member benefits, this publication assists flight departments with operational, maintenance, administrative and other considerations. It should be noted that this is not a complete guide for all functions of the flight department; consequently, it does not cover every possible situation faced by business aviation managers. However, the NBAA Management Guide does attempt to summarize essential information concerning the operation of a flight department. Much of the information contained in this guide may be used as reference material to educate non-aviation company personnel on accepted practices and norms of the business aviation community. One of the essential functions of flight department personnel is to ensure that all company personnel appreciate and understand the operation, capabilities and value of the flight department. REVISION RECORD 2024-01 The NBAA Management Guide is an evolving document. In coordination with its standing committees, NBAA periodically issues updated content for this publication as new information becomes available. EXPLANATION OF CHANGES The 2024-01 edition of the NBAA Guide supersedes all previous editions. The 2024-01 edition is a complete overhaul of the structure of the guide with updated content supplied by NBAA’s working groups. The revision focuses on a structure change that aligns with the Certified Aviation Manger’s domains and a Foreword signed by the NBAA’s President/CEO. Note: Margin lines are provided to help readers identify areas with revisions. Sections have been re-flowed and/or renumbered where needed to accommodate the revisions. NBAA periodically issues content updates for this publication, so please store your guide with your operations references, so that you can easily replace pages when future editions are issued. You can always find the latest version of the NBAA Management Guide online at www.nbaa.org/management-guide. The association welcomes your feedback and questions on this publication. Send your comments to NBAA’s Operations Service Group at (202) 783-9250 or ops@nbaa.org. FOR MORE INFORMATION Made up of committed, talented and knowledgeable volunteers, NBAA’s Standing Committees work together on behalf of NBAA members to promote business aviation access, operational excellence, professional development, safety and technical standards, and security. Learn more about them at nbaa.org/committees. For more information about business aviation management issues, visit NBAA’s online resources for: Flight department administration resources – nbaa.org/admin Aircraft operations resources – nbaa.org/ops Education sessions on operational topics at NBAA events like the Business Aviation Convention & Exhibition, regional forums and conferences: nbaa.org/events On-demand education resources like webinars – nbaa.org/ondemand Other professional development resources – nbaa.org/prodev Only employees of NBAA member companies may access and order the Management Guide in web, print and PDF formats, as a benefit of their membership. To review this publication online, to order printed copies or to download PDF copies, visit the NBAA website today. nbaa.org/management-guide COPYRIGHT © 2024 National Business Aviation Association (NBAA). All rights reserved. No part of this publication may be photo-copied, reproduced or redistributed without written permission. To request permission, contact NBAA at publications@nbaa.org. NBAA MANAGEMENT GUIDE, 2024-01 1 INTRODUCTION NBAA 2024 Management Guide Foreword A Message From Ed Bolen, President and CEO, NBAA Managing a business aviation operation in today’s world is increasingly like running a business, with the need to reflect company priorities, report measurable results against organizational objectives, and adapt to all manner of business and industry changes. Business aviation continues to evolve, and aviation professionals must develop effective approaches to embrace change — from new, creative ways of thinking about aviation safety, to setting goals for achieving sustainability, to hiring the best and the brightest amid a challenging workforce environment. This requires those tasked with managing a flight operation to adopt and implement the latest operational and administrative best practices. Our mission is to provide you, as business professionals, with the most up-to-date NBAA Management Guide that is created by the professionals and best practices. It strives to address the needs of the various business aviation operators and the diverse personnel who work in the industry. The guide is built on the pillars of NBAA’s Certified Aviation Management (CAM) program, which asserts that business aviation leaders need to develop expertise in five areas: leadership, human resources, operations, aircraft maintenance and facilities services, and business management. It is my promise to you, as president and CEO of NBAA, to fully support positive steps to enhance safety and security, help shape public policy, and provide the leadership tools needed to grow business aviation through the NBAA Management Guide. It is my goal to encourage and ensure that this guide is updated annually by the Management Tools Subcommittee of the Business Aviation Management Committee. I will also rely on you, as an NBAA member, to assist in the evolution of this living document. I hope all who read the NBAA Management Guide derive valuable information, insight and guidance from this document, and I urge all NBAA members to take advantage of all the other management resources that NBAA provides (see nbaa.org) to support a safe, expanding, and vibrant industry. NBAA MANAGEMENT GUIDE, 2024-01 2 INTRODUCTION TABLE OF CONTENTS INTRODUCTION 1 NBAA 2024 MANAGEMENT GUIDE FOREWORD 2 TABLE OF CONTENTS 3 1 ADMINISTRATION 8 1.1 BUSINESS MANAGEMENT 8 1.1.1 PURPOSE OF THE AVIATION DEPARTMENT 8 1.1.2 DEMONSTRATING THE VALUE OF BUSINESS AVIATION 10 1.1.3 MANUALS 10 1.1.4 SAFETY 14 1.1.5 SECURITY 17 1.1.6 EMERGENCY RESPONSE PLANNING (ERP) 19 1.1.7 FAA VIOLATION AND ENFORCEMENT PROCEDURES 26 1.1.8 SCHEDULING GUIDELINES 32 1.1.9 CARRIAGE OF CANDIDATES FOR THE U.S. HOUSE OR SENATE 33 1.1.10 BUSINESS AIRCRAFT ALLOWANCES 35 1.1.11 AIRCRAFT RESOURCING OPTIONS 41 1.1.12 AIRCRAFT CHARTER 45 1.1.13 FAR PART 135 FOR BUSINESS AIRCRAFT OPERATIONS 51 1.1.14 AIRCRAFT FEASIBILITY STUDY 53 1.1.15 AIRCRAFT OPERATING COSTS 57 1.1.16 MANAGING ORGANIZATIONAL RISK 63 1.1.17 AIRCRAFT INSURANCE 63 1.1.18 ENVIRONMENTAL CONCERNS 68 1.1.19 REFERENCES FOR BUSINESS MANAGEMENT 69 1.2 LEADERSHIP 71 1.2.1 LEADERSHIP 71 1.2.2 DIVERSITY, EQUITY, & INCLUSION 71 1.2.3 ETHICAL BUSINESS AVIATION TRANSACTIONS 79 1.2.4 SUSTAINABILITY 83 1.2.5 REFERENCES FOR LEADERSHIP 101 NBAA MANAGEMENT GUIDE, 2024-01 3 INTRODUCTION 1.3 HUMAN RESOURCES (HR) 102 1.3.1 DEPARTMENT STAFFING GUIDELINES 102 1.3.2 AVIATION DEPARTMENT PERSONNEL, QUALIFICATIONS & TRAINING 103 1.3.3 INDEPENDENT CONTRACTORS AND CONTINGENT WORKERS 125 1.3.4 PERSONNEL RECORDS 126 1.3.5 SALARIES AND BENEFITS 133 1.3.6 PILOT RETIREMENT CONSIDERATIONS 134 1.3.7 CAREER DEVELOPMENT TRAINING 135 1.3.8 UNDERGRADUATE STUDENT INTERNSHIP PROGRAMS 139 1.3.9 REFERENCES FOR HUMAN RESOURCES 144 2 FLIGHT OPERATIONS 145 2.1 FLIGHT OPERATIONS 145 2.1.1 OPERATIONAL CONTROL 145 2.1.2 FLIGHT OPERATIONS PERSONNEL CERTIFICATES, RATINGS AND TRAINING 145 2.1.3 CREW TRAINING 146 2.1.4 ADVANCED CREW TRAINING 148 2.1.5 CREW FITNESS AND HEALTH 155 2.1.6 FLIGHT, DUTY AND REST TIME CONSIDERATIONS 158 2.1.7 TRANSIENT FACILITIES AND SERVICES 159 2.1.8 CREW AND PASSENGER RELATIONS 160 2.1.9 PILOT-IN-COMMAND AUTHORITY 164 2.1.10 PREFLIGHT PREPARATIONS 165 2.1.11 STANDARD OPERATING PROCEDURES 165 2.1.12 MINIMUM APPROACH STANDARDS FOR NEW PILOTS 171 2.1.13 LANDING MINIMUMS 171 2.1.14 POST-FLIGHT PROCEDURES 172 2.1.15 ELECTRONIC FLIGHT BAGS (EFB) 173 2.1.16 TRAFFIC FLOW MANAGEMENT 174 NBAA MANAGEMENT GUIDE, 2024-01 4 INTRODUCTION 2.1.17 AIRCRAFT NOISE 174 2.1.18 MAINTENANCE AWAY FROM HOME BASE 179 2.1.19 SINGLE PILOT OPERATIONS UNDER IFR 180 2.1.20 REFERENCES FOR FLIGHT OPERATIONS 181 2.2 INTERNATIONAL OPERATIONS 185 2.2.1 INTRODUCTION 185 2.2.2 INTERNATIONAL REGULATIONS 185 2.2.3 CUSTOMS, IMMIGRATION AND QUARANTINE (CIQ’S): 192 2.2.4 SECURITY CONSIDERATIONS 195 2.2.5 PERSONAL DOCUMENTATION 195 2.2.6 AIRCRAFT DOCUMENTATION 198 2.2.7 OPERATIONAL DOCUMENTATION 198 2.2.8 EQUIPMENT CONSIDERATIONS 202 2.2.9 AIRCRAFT MAINTENANCE 206 2.2.10 INTERNATIONAL FLIGHT CREW TRAINING 207 2.2.11 INTERNATIONAL FLIGHT PLANNING ORGANIZATIONS 208 2.2.12 GROUND HANDLING CONSIDERATIONS 208 2.2.13 SEARCH AND RESCUE 210 2.2.14 HUMAN FACTORS CONSIDERATIONS 212 2.2.15 INFORMATIONAL RESOURCES FOR INTERNATIONAL OPERATORS 214 2.2.16 NBAA INTERNATIONAL TRIP CHECKLISTS 219 2.3 EMERGING TECHNOLOGIES 231 2.3.1 UAS 231 3 AIRCRAFT MAINTENANCE OPERATIONS 232 3.1 AIRCRAFT MAINTENANCE OPERATIONS 232 3.1.1 PURPOSE OF THE BUSINESS AVIATION MAINTENANCE DEPARTMENT 232 3.1.2 MAINTENANCE DEPARTMENT MISSION STATEMENT 232 3.1.3 MAINTENANCE DEPARTMENT BUDGET 232 NBAA MANAGEMENT GUIDE, 2024-01 5 INTRODUCTION 3.2 MAINTENANCE TOOLS 233 3.2.1 MAINTENANCE TECHNICIAN TOOLS 233 3.2.2 CALIBRATION OF PRECISION TOOLS 233 3.2.3 TOOL CONTROL SYSTEMS 233 3.3 MAINTENANCE TECHNICIAN TRAINING 234 3.4 MAINTENANCE TECHNICIAN WORK PERFORMANCE CRITERIA 235 3.5 MAINTENANCE TECHNICIAN WORK PERFORMANCE CRITERIA 239 3.6 ELEMENTS OF AIRCRAFT MAINTENANCE ACTIVITY 241 3.6.1 PREFLIGHT INSPECTIONS 241 3.6.2 POST-FLIGHT INSPECTIONS 242 3.6.3 INSPECTION PROGRAMS 242 3.6.4 SELECTING AN INSPECTION SCHEDULE 243 3.6.5 ADDITIONAL INSPECTION REQUIREMENTS 243 3.6.6 MANAGEMENT OF THE INSPECTION PROGRAM AND SCHEDULE 244 3.6.7 ENGINE/COMPONENT INSPECTIONS AND OVERHAUL 244 3.6.8 SCHEDULED MAINTENANCE 245 3.6.9 UNSCHEDULED MAINTENANCE 245 3.6.10 PERFORMANCE OF AIRCRAFT MAINTENANCE AND INSPECTIONS 245 3.6.11 AIRDATA / RADIO / RADAR ELECTRONIC EQUIPMENT MAINTENANCE AND INSPECTION 245 3.6.12 OPERATIONAL CHECK FLIGHTS 247 3.6.13 SCHEDULING INSPECTIONS, MAINTENANCE AND TIME-LIMITED COMPONENTS 247 3.6.14 WORK INTERRUPTION PROCEDURES 247 3.6.15 PARTS REMOVAL FORM 247 3.7 QUALITY ASSURANCE 247 3.7.1 REQUIREMENTS 247 3.7.2 OVERVIEW 248 3.7.3 100-PERCENT INSPECTIONS 248 3.7.4 CASS OVERVIEW 248 3.7.5 CASS AUDIT PROGRAM 249 3.7.6 CASS AUDIT RESULTS 250 NBAA MANAGEMENT GUIDE, 2024-01 6 INTRODUCTION 3.8 AIRCRAFT MAINTENANCE RECORDS MANAGEMENT 251 3.8.1 OVERVIEW OF THE FAA RECORDS REGULATION 251 3.8.2 RECORDS MANAGEMENT FOR EVALUATION OF AIRCRAFT 254 3.8.3 RECORDS MANAGEMENT FOR MAINTENANCE 255 3.8.4 RECORDS ORGANIZATION 255 3.9 DISCREPANCY MANAGEMENT 258 3.9.1 BRIEFINGS AND DEBRIEFINGS 258 3.9.2 INOPERATIVE INSTRUMENTS AND EQUIPMENT 258 3.9.3 DISCREPANCY MANAGEMENT DEFINITIONS 260 3.9.4 DISCREPANCY MANAGEMENT RECOMMENDATIONS 263 3.9.5 OUTSIDE MAINTENANCE 263 3.10 SPARE PARTS INVENTORY 268 3.11 MAINTENANCE TECHNICIAN DUTY TIME 270 3.12 COMPENSATION OF MAINTENANCE PERSONNEL 273 3.13 MAINTENANCE SAFETY PROGRAMS 273 3.13.1 LOCKOUT/TAGOUT PROCEDURES 273 3.13.2 CONFINED SPACE ENTRY PROGRAM 274 3.13.3 RESPIRATORY PROTECTION PROCEDURES 275 3.13.4 ROLLING STEPLADDER/STAIR SAFETY PROGRAM 275 3.13.5 FALL PROTECTION 276 3.14 REFERENCES FOR MAINTENANCE OPERATIONS 277 3.14.1 MANUALS 277 3.14.2 FEDERAL AVIATION REGULATIONS 277 3.14.3 ADVISORY CIRCULARS 278 3.14.4 ICAO DOCUMENTS 279 3.14.5 OTHER FAA DOCUMENTS 279 APPENDIX NBAA RANGE FORMATS NBAA MANAGEMENT GUIDE, 2024-01 7 ADMINISTRATION 1.1 BUSINESS MANAGEMENT 1.1.1 PURPOSE OF THE AVIATION DEPARTMENT The purpose of the aviation department is to provide safe, efficient, and convenient air transportation to assist in achieving the mission and goals of the company. The aircraft is the strategic tool used in fulfilling that role. An aircraft is a valuable asset. Its tangible benefits include personnel time savings, enhanced productivity, improved operational flexibility, product marketing, and carriage of critical material. Many intangible benefits are derived from the use of business aircraft, such as enhanced potential for entrepreneurship and increased community service capability. Those unfamiliar with the transportation needs of modern business may have a negative impression of business aircraft. This perception changes, however, as aviation departments continue to promote the appropriate use of business aviation successfullyto people both inside and outside the company-as an essential, strategic business tool. Unfortunately, negative perceptions of business aviation persist and are shared by many corporate managers and decisionmakers who lack firsthand knowledge of the competitive advantages offered through the strategic use of business aviation. This will not change unless aviation department personnel actively promote the concept of business aviation as essential so that its value will be recognized. NBAA provides plenty of information that can be used to justify the use of business aircraft. The NBAA website (www.nbaa.org) is a valuable resource, and offers numerous studies and resources supporting the value business aviation drives for companies, the economy and humanitarian purposes. An aviation department may remain relatively hidden from the rest of the company and its personnel. This is because it is located offsite, at the airport, and aviation personnel only may interact with a few of the company’s top corporate managers and their assistants. It is therefore vital for the aviation department to integrate completely into the company so that other departments are fully aware of the aviation department’s activities and contributions. In addition to isolation caused by their physical separation from;the rest of the company, aviation department personnel tend to be naturally isolated because they possess a highly specific professional expertise that is not usually related to that of mainstream company personnel. This is unfortunate because the company’s administration, human resources, finance, legal, procurement, facilities, and personnel training departments can be of great value to the health, well-being, and prominence of the aviation department. Unless the support and counsel of other departments are sought actively, the aviation department will remain isolated and vulnerable to attack by those who believe it is a nonessential function. It is incumbent upon the aviation department to help company management realize the worth and full potential of the aviation department’s service. To achieve this goal, the aviation department must understand the needs of the company, and the only way for the aviation department to do this is to ask the customer-the user of the aircraft. The aviation department cannot define its own role; this information must come from aircraft users. Aviation department managers in particular, and all aviation department personnel in general, must pay close attention to the many non-aviation duties associated with operating corporate aircraft. The department must take care of administrative items-such as operating records, budgets, personnel reports, training reports, and strategic planning, if the department is to remain a viable part of the company. NBAA MANAGEMENT GUIDE, 2024-01 8 ADMINISTRATION On a more fundamental level, it is also critically important that aviation department managers are aware of, and can offer guidance to, the company with respect to making sure that the ownership and operation of the company's aircraft are set up correctly. While this structuring may not be part of the aviation department manager’s official job description, the failure to structure and operate correctly could create significant liabilities not only to the company as a whole but also to each pilot or other member of the aviation department individually. Part of being a professional aviation department manager includes being generally aware of and being able to provide appropriate resources to company officials to help ensure: The ownership and operations of the company’s aircraft are set up properly such that the company can legally operate its aircraft under Federal Aviation Regulation (FAR) Part 91 rather than having to obtain Part 135 certification (assuming the company wishes to operate under Part 91). For example, an aviation flight department company that is set up solely to own and operate aircraft for the benefit of its corporate parent, which is usually done in an effort to provide liability shielding to that parent company, is considered to be a commercial operation under the FAR and must comply with Part 135. An illegal flight department company structure could create greater risk and lead to significant civil penalties against the company as well as certificate actions against the pilots, depending on the pertinent facts and circumstances. The company’s aircraft operations are properly insured for appropriate civil liability risk management purposes. For example, in situations where the company has set up an aircraft leasing structure for cost sharing or tax purposes, the underlying insurance policy may not properly align between the registered owner of the aircraft (who is typically the “named insured” that policy) and the actual lessee-operators of the aircraft. The company is receiving appropriate federal income tax benefits, and not triggering inappropriate federal excise taxes, from the use of the aircraft. This can be an extremely complex area of analysis that can result in significant penalties and expenses if not set up and monitored correctly. The company is appropriately addressing state tax obligations. This is often not well understood, and mistakes can become very costly if not addressed correctly (for example, if the company uses a “fly-away” exemption upon purchasing an aircraft but does not pay attention to any subsequent use tax that might apply in its home jurisdiction). The company is addressing any other regulatory or similar obligations that might arise from the use of the aircraft, such as Securities and Exchange Commission requirements for the personal use of aircraft by publicly traded companies, international tax and carbon emissions requirements that can arise from international operations, and so forth. While an aviation department manager is not expected to be an expert in each of the areas highlighted above, a professional manager will be aware of these areas, and will be able to assist the company in locating the appropriate experts and resources that can help the company to be sure they are being addressed properly. Perhaps the best way for the aviation department to begin integrating with the rest of the organization is to establish a policy that promotes interaction between the aviation department and the rest of the corporation. Since the aviation department is a service organization, higher levels of service provided will build its reputation as a valued component of the company. NBAA MANAGEMENT GUIDE, 2024-01 9 ADMINISTRATION 1.1.2 DEMONSTRATING THE VALUE OF BUSINESS AVIATION It is within the scope of the flight department’s responsibility to demonstrate the value of the business aviation function both internally and externally. This can be achieved by partnering with appropriate individuals in the corporate office who may have access to some information you need, and who may be involved in decisions impacting the flight department. Effectively demonstrating the value of the business aviation function starts with good governance in the form of an aircraft usage policy that is approved by the company’s board of directors. Passenger use of the business aircraft then must follow the policy. The next step is to document key performance metrics that are tailored to your flight department. The strategic metrics will be the intersection of your company’s strategic goals and how the business aircraft helps the company achieve those key objectives. Your colleagues may not be able to share specific objectives with you. However, by working with those individuals to identify the reasons your company uses business aviation and providing them with relevant data, the flight department can create a system that will allow your company to track exactly how the business aircraft helps passengers achieve the company’s business objectives. The next step is to retain the appropriate records, so when asked for the data, it is available at a moment’s notice. No one knows when a reporter or a board member may ask for an explanation of why the company has a business aircraft. Therefore, an internal and external communications plan must be developed so that key individuals throughout the company, including passengers, corporate communications, finance staff, and others are able to articulate why your company relies on business aviation for growth and success. Find resources (including the 2018 study, “The Real World of Business Aviation” about the value of business aircraft at https://nbaa.org/business-aviation/ 1.1.3 MANUALS 1.1.3.1 FLIGHT OPERATIONS MANUAL A flight operations manual is an essential possession for all aviation departments. In fact, NBAA corporate members must certify that they use such a manual even though they may operate under Federal Aviation Regulation (FAR) Part 91, which does not require a manual. The manual’s principal function is to provide operational and administrative information to department personnel. The manual also serves as a communication tool that transmits the aviation department’s goals, policies and procedures to the entire company. A properly executed manual serves as a contract between the company’s Chief Executive Officer (Accountable Executive) and the aviation department. It communicates expectations, limitations and objectives. Once it has the Accountable Executive’s approval, the manual becomes a corporate directive that protects the aviation department from abuse and provides operational expectations and rules for the department to follow. Because the manual is used to establish policy, it must be carefully crafted and reviewed at regular, scheduled intervals to ensure that it continues to meet corporate and departmental needs. Figure 1.1 shows a sample outline for an operations manual. Figure 1.2 displays a list of requirements for operators certificated under FAR Part 135. Both items are based on information provided in current NBAA workshops designed to help aviation department managers develop new manuals or evaluate and review existing manuals. It should be noted that an operator certificated under FAR Part 135 also must comply with applicable regulations embodied in FAR Part 119, which should be reflected in the operator’s manual. NBAA MANAGEMENT GUIDE, 2024-01 10 ADMINISTRATION 1.1.3.1.1 Figure 1.1: Outline With Suggested Topics for an Operations Manual This section shows a sample outline for an operations manual. Each item in the outline should be considered as far as it applies to flight department operations. Note that an operations manual should provide a method for recording revisions to ensure that the manual and technical publications always are current I. Administration A. Mission/Objectives B. General Policies 1. FAA Enforcement Actions 2. Smoking 3. Alcoholic Beverages/Drugs 4. Medical Fitness 5. Interaction with Media/Press 6. Security 7. Insurance C. Organization D. Job Descriptions 1. Aviation Department Manager 2. Chief Pilot 3. Captain 4. Copilot 5. Flight Attendant 6. Flight Mechanic 7. Director of Maintenance 8. Technician 9. Scheduling/Dispatch Manager 10. Licensed Dispatcher 11. Scheduler 12. Aircraft Handler/Cleaner 13. Administrative Assistant E. Personnel 1. Appearance 2. Records 3. Primary and Collateral Duties 4. Cabin Crew Training 5. Line Crew Training 6. Dispatcher Training 7. Use of Part-time Personnel F. Pilots 1. Authority of pilot in command 2. Qualifications 3. Training 4. Contract Pilots 5. Pilot Currency 6. Duty Time 7. Physical Fitness 8. Alcohol/Drug Policy 9. Flight Evaluation G. Aircraft Maintenance Technician 1. Qualifications 2. Duty Time 3. Physical Qualifications H. Crisis Planning 1. Organization 2. Notification 3. Information Gathering 4. Initial Actions 5. Communicating the Crisis 6. Records 7. Participation in the Investigation 8. Media I. Charter Operations 1. Company Policy 2. Qualification of Operations I. Operations A. Safety B. Control of Flights C. Scheduling D. Basic Operations 1. Dispatch Release a. Operational Control System 2. Airworthiness 3. Flight Crew Member Duties 4. Flight Plans 5. Operational Reports 6. Maintenance Test Flights 7. Positioning Flights 8. Aircraft Noise Policy E. Passenger Relations 1. Policy 1. Crew Duties 2. Authority of pilot in command 3. Schedule Changes 4. Limitations F. Airports 1. Weather 2. Aircraft 3. Crew 4. Hazardous Material G. Standard Operation Procedures 1. Policy 2. Crew Assignment 3. Basic Crew Responsibilities 4. General 5. (Specific) H. Abnormal Operations 1. Emergencies 2. Terrorist Hijacking 3. Accidents/Incidents 4. Emergency Equipment Operating Procedures 5. Use of FDR/ CVR Records I. International Operations 1. Training 2. Qualification 3. Planning 4. Documentation 5. Security I. Maintenance Control System A. Purpose/Mission B. Basic Policies 1. Airworthiness 2. Inspection of Work Performed 3. Airworthiness Status Documentation 4. Controlled Publications C. Airworthiness Release 1. Postflight 2. Release Document D. Scheduled Inspection and Maintenance 1. Maintenance Programs 2. Work Assignment E. Unscheduled Maintenance 1. Discrepancy Reporting 2. Deferred Discrepancies/ MEL 3. Work Assignment 4. Recording Work Performed 5. Returning Aircraft to Service F. Vendor Selection 1. Approval Process 2. Approved Vendors 3. Major Work a. Request for Proposals b. Evaluation of Proposals G. Aircraft Maintenance Records 1. Responsibility 2. Record Entries 3. Computerized Tracking System H. Aircraft Parts 1. Ordering 2. Receiving 3. Inspection 4. Inventory Control I. Aircraft Fueling J. Maintenance Test Flights K. Checklists 1. Accident/Incident 2. International Operations 3. Flight Crew Evaluation L. Forms 1. Manifest 2. Flight Log 3. Abnormal Operations 4. Airworthiness Release 5. Maintenance Discrepancy 6. Deferred Discrepancy M. References 1. Advisory Circulars 2. NTSB Part 830 N. Telephone Numbers 1. Flight Department 2. Company 3. Emergency 4. Government 5. Associations NBAA MANAGEMENT GUIDE, 2024-01 11 ADMINISTRATION 1.1.3.1.2 Figure 1.2: Contents of an Operations Manual if Operations Are Conducted Under Part 135 The following FAR citations and text are provided for NBAA member companies that conduct operations under Part 135.23. Member companies that conduct operations under Part 91 also can use this as a guideline. Each manual shall have the date of the last revision on each revised page. The manual must include: The name of each management person required under §119.69(a) of this chapter who is authorized to act for the certificate holder; the person’s assigned area of responsibility; the person’s duties, responsibilities, and authority; and the name and title of each person authorized to exercise operational control under §135.77 Procedures for ensuring compliance with aircraft weight and balance limitations and, for multi-engine aircraft, for determining compliance with §135.185 Copies of the certificate holder’s operations specifications or appropriate extracted information, including area of operations authorized, category and class of aircraft authorized, crew complements, and types of operations authorized Procedures for complying with accident notification requirements Procedures for ensuring that the pilot in command knows that required airworthiness inspections have been made and that the aircraft has been approved for return to service in compliance with applicable maintenance requirements Procedures for reporting and recording mechanical irregularities that come to the attention of the pilot in command before, during, and after completion of a flight Procedures to be followed by the pilot in command for determining that mechanical irregularities or defects reported for previous flights have been corrected or that correction has been deferred Procedures under §135.179 for the release for, or continuation of, flight if any item of equipment required for the particular type of operation becomes inoperative or unserviceable en route Procedures for refueling aircraft, eliminating fuel contamination, protecting from fire (including electrostatic protection), and supervising and protecting passengers during refueling Procedures to be followed by the pilot in command in the briefing under §135.117 Flight locating procedures, when applicable Procedures for ensuring compliance with emergency procedures, including a list of the functions assigned to each category of required crewmembers in connection with an emergency and emergency evacuation duties under §135.123 En route qualification procedures for pilots, when applicable The approved aircraft inspection program, when applicable Procedures and instructions to enable personnel to recognize hazardous materials as defined in Title 49 CFR, and if these materials are to be carried, stored, or handled, procedures and instructions for (1) accepting shipment of hazardous material required by Title 49 CFR, to assure proper packaging, marking, labeling, shipping documents, compatibility of articles and instructions on their loading, storage and handling; (2) notification and reporting hazardous material incidents as required by Title 49 CFR; and (3) notification of the pilot in command when there are hazardous materials aboard, as required by Title 49 CFR Procedures for the evacuation of persons who may need the assistance of another person to move expeditiously to an exit if an emergency occurs If required by §135.385, an approved Destination Airport Analysis establishing runway safety margins at destination airports, taking into account the following factors as supported by published aircraft performance data supplied by the aircraft manufacturer for the appropriate runway conditions: (1) Pilot qualifications and experience; (2) Aircraft performance data to include normal, abnormal and emergency procedures as supplied by the aircraft manufacturer; (3) Airport facilities and topography; (4) Runway conditions (including contamination); (5) Airport or area weather reporting; (6) Appropriate additional runway safety margins, if required; (7) Airplane inoperative equipment; (8) Environmental conditions; and (9) Other criteria affecting aircraft performance Other procedures and policy instructions regarding the certificate holder’s operations that are issued by the certificate holder NBAA MANAGEMENT GUIDE, 2024-01 12 ADMINISTRATION Since each aviation department operates with different philosophies and values, most of the manual’s contents are unique to each department. While some policies and procedures may be common to a wide range of aviation operators, efforts should be made to customize the manual to each aviation department’s operations. Once the manual is drafted, the Accountable Executive and the person directly responsible for the aviation department should take the time necessary to review and discuss its contents and application in the organization thoroughly. This joint analysis will give aviation department management the opportunity to stress safety requirements and explain the realistic limitations imposed by human capability, the company’s aircraft, and the operating environment. The Accountable Executive’s endorsement of the manual contents indicates company approval and sets the criteria for use and operation of the aircraft and department. The manual should recognize that aviation regulations are constantly changing and that the flight department operation should reflect those changes in a timely manner. It should also include a process for keeping up with changing regulations. The operator may maintain oversight for operating requirements by: Reviewing industry publications for the latest information Reviewing information received from subscriptions/mailing lists for update services: (FAA, ICAO, NBAA, etc.) Reviewing information received from subscriptions to vendors/services that disseminate information Attendance at industry events (workshops, conferences, etc.) can also be a valuable source of obtaining and interpreting the latest operational information. Aviation department personnel must understand that the primary purpose of an operations manual is to improve safety and efficiency by standardizing administrative and operational procedures and management philosophy. All personnel should be required to accept and follow the procedures and policies presented in the manual. Policies non-regulatory in nature may be waived on a case-by-case basis via policy waiver and a risk assessment. Any deviation from the operations manual should be approved by the appropriate manager. The language of the manual should be clear, concise and understandable. Human factors principles should be considered during the development of the document. This particularly important when developing crew coordination procedures related to the critical phases of flight (i.e., takeoff, approach, landing and emergencies). The aviation department manager should determine the organization and sequence of the manual contents. The operations manual is not intended to supersede or replace the FARs or a manufacturer’s operating handbook. Some redundancy may be advisable, however, in order to stress operational procedures or regulatory limitations. The appropriate reference to an FAR or a manufacturer’s operating handbook should be listed with any policy or procedure that complies with the regulation or recommendation. This will help aviation department personnel understand why a policy or procedure is included. Completed manuals should be distributed to each aviation department employee. Copies also should be given to the company human resources, legal, administration, safety, insurance, and public relations departments, as well as to all individuals who are authorized to approve trips. In addition, a copy should be kept onboard each company aircraft. It is essential to keep the manual up to date and reflect the actual policies and procedures used by the department. Periodic review and revision of the manual will ensure that this goal is achieved. NBAA MANAGEMENT GUIDE, 2024-01 13 ADMINISTRATION 1.1.3.2 GENERAL MAINTENANCE MANUAL (GMM) NBAA recommends that business aviation departments establish a General Maintenance Manual to formalize and document policies and procedures in a single source. Aviation department maintenance personnel should refer to this manual for operational guidance in order to provide the highest degree of safety combined with the most consistent level of support. The General Maintenance Manual should ensure that: Maintenance occurs in accordance with designated maintenance program, manufacturer’s guidelines, State regulations Aircraft is/are appropriately equipped, configured, and maintained for intended use Documentation is correct, available, and current Technical records are maintained in accordance with State regulations 1.1.3.3 DOCUMENT CONTROL [RESERVED FOR FUTURE USE] 1.1.4 SAFETY 1.1.4.1 FLYING SAFETY PROGRAMS Managing risk effectively in a modern business aviation flight department requires a proactive, visible, and empowered safety program. The single most important prerequisite to the development and maintenance of an effective safety program is management’s visible and enduring commitment to fostering a positive safety culture within the organization. Aviation department managers, chief pilots, maintenance managers, and all other managers must be aware of and participate in such a program to set an example for others and to constantly monitor the safety performance of the department. Through such leadership, management has the ability to prevent accidents and incidents in a cost-effective manner. Individual safety programs vary based upon several factors. Among those factors affecting a corporate/business flight department are type and size of operation, type and complexity of aircraft operated, and geographic area of operation. While each organization’s safety program is unique, certain traits should be common to any program. First, the goal of the safety program should be to prevent personal injury and losses resulting from accidents and incidents related to the organization’s business. Second, the structure and staffing of the safety function should be formally recognized within the organization. The safety program should have a written charter and personnel assigned to administer the program. Suggested elements of a flight department’s safety program are: Management’s Safety Philosophy and Policy Employee Responsibility for Safety Risk Management Operational Standards in Excess of Regulatory Requirements Non-Punitive Accident/ Incident/ Hazard Identification and Reporting Accident/Incident/Hazard Investigation (Flight and Ground) Safety Audits and Compliance Checks Safety Education and Training Accident/Incident Response Preparedness (Flight and Ground) Staffing Safety Committee/Teams Passenger, Ground, and Flight Safety Safety Recognition/Reward Program NBAA MANAGEMENT GUIDE, 2024-01 14 ADMINISTRATION Safety Policy and Objectives Management Commitment and Responsibility Safety Accountabilities Appointment of Key Safety Personnel Coordination of Emergency Response Planning Safety Risk Management Safety risk assessment and mitigation Hazard identification Safety assurance Safety Performance Monitoring and Measurement The Management of Change Continuous Improvement ofSMS Safety promotion Training and Education Safety Communication Aviation department and company managers must fully support safety efforts if they are to be effective. Aviation department managers, chief pilots, maintenance managers and all other managers must be aware of and participate in such a program to set the example for others and to track constantly the safety of the department. If the operator chooses to allow the transportation of dangerous goods or hazardous materials, a training program must be implemented that follows Title 49 CFR and ICAO Technical Instructions for the Safe Transport of Dangerous Goods, and the operator must be certified by DOT’s Pipeline and Hazardous Materials Safety Administration. If the operator chooses not to allow the transportation of dangerous goods or hazardous materials, employees must still be trained to recognize dangerous goods and hazardous materials to prevent them from being carried on the aircraft. NBAA recognizes companies, pilots, maintenance technicians and support personnel who achieve accident-free milestones through its annual Flying Safety Awards Program. An individual company’s flying safety program also could distribute its own awards or have one of NBAA’s awards as the company goal. The categories of NBAA Flying Safety Awards are as follows: Safe Flying Achievement Award (for milestone years) Corporate Business Flying Safety Award Commercial Business Flying Safety Award Aviation Maintenance Department Safety Award ATP or Commercial Pilot Safety Award Private Pilot Safety Award Maintenance/Avionics Technician Safety Award Aviation Support Services Safety Award 1.1.4.2 SAFETY MANAGEMENT SYSTEMS (SMS) Through the use of safety management systems (SMS), business aircraft operators can proactively identify and manage risks. Under a formalizedSMS, operators voluntarily identify potential hazards, track them and ensure that processes are put in place to effectively manage them.NBAA advocates that flight departments of all sizes implement an advocates that flight departments of all sizes implement an SMS for aircraft operations that is proactive, flexible and scalable and that reflects the size, scope and complexity of the operation. The International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPS) found in Annex 6, Part 2 specify that an SMS is required for operators of non-commercial aircraft over 12,500 pounds or turbojet powered aircraft. The effective date for ICAO member states (countries) to begin implementation of these standards is November 2010. Effective on January 1, 2009, theICAO standards applicable to commercial operators required member states to include in their state safety program the requirement for commercial operators to implement an SMS. While the FAA has yet to issue any SMS regulations for U.S. registered operators, NBAA is confident that any future regulations will be based onICAO-SARPS. ICAO has set the general standard for has set the general standard for SMS implementation, but it is up to individual states to develop the specific regulatory language. In addition to becoming familiar withICAO-SARPs, NBAA members should also look at the applicable regulations in the countries where they plan to operate. In fact, Part 91.703 of the Federal Aviation Regulations stipulates that operators of U.S. registered aircraft must comply with the applicable regulations of the foreign country in which the aircraft is operated. In general, an SMS contains the following four components along with associated elements: NBAA MANAGEMENT GUIDE, 2024-01 15 ADMINISTRATION IS-BAO has been granted official European recognition as an industry standard for business aircraft operations. This recognition was achieved through a European Committee for Standardization (CEN) Workshop Agreement.CEN is the official standards setting body of the European Union and Workshop Agreements are one of their principal standards products. The European Aviation Safety Agency also proposes to recognize IS-BAO as a means of compliance with its new non-commercial operating regulations and SMS requirements. Additionally, the United Kingdom Overseas Territories have recognized IS-BAO registration as the preferred means of complying with their non-commercial operating rules and SMSrequirements. These endorsements demonstrate that as major aviation authorities around the world begin to implement SMSregulations, they are looking to IS-BAO as a model. Operators following IS-BAO also meet the applicable ICAO standards, which in some cases may exceed those required for U.S. operations under the FAR’s. Flight departments using IS-BAO therefore ensure that their operations are world-class. For more information about IS-BAO, visit www.nbaa.org/ops/is-bao. 1.1.4.3 INTERNATIONAL STANDARD FOR BUSINESS AIRCRAFT OPERATIONS (IS-BAO) The International Standard for Business Aircraft Operations (IS-BAO) is a code of practice designed to help flight departments worldwide achieve high levels of safety and professionalism. Introduced in 2002, IS-BAO was developed by the International Business Aviation Council and its member associations, including NBAA. IS-BAO identifies the baseline industry best practices that operators should apply in structuring and staffing their flight departments and planning and conducting their operations. This code of practice is designed to be scalable, meaning that they can be used by any flight operation, regardless of size. At the core of the IS-BAO is an SMS toolkit for business aircraft operators, from single aircraft/single-pilot operations to large multi-aircraft flight departments. NBAA recommends IS-BAO implementation as an active means of managing safety risk. IS-BAO has been granted official European recognition as an industry standard for business aircraft operations. This recognition was achieved through a European Committee for Standardization (CEN) Workshop Agreement.CEN is the official standards setting body of the European Union and Workshop Agreements are one of their principal standards products. The European Aviation Safety Agency also proposes to recognize IS-BAO as a means of compliance with its new non-commercial operating regulations and SMS requirements. Additionally, the United Kingdom Overseas Territories have recognized IS-BAO registration as the preferred means of complying with their non-commercial operating rules and SMS requirements. These endorsements demonstrate that as major aviation authorities around the world begin to implement SMS regulations, they are looking to IS-BAO as a model. Operators following IS-BAO also meet the applicable ICAO standards, which in some cases may exceed those required for U.S. operations under the FARs. Flight departments using IS-BAO therefore ensure that their operations are world-class. For more information about IS-BAO, visit www.nbaa.org/ops/is-bao. 1.1.4.4 FATIGUE RISK MANAGEMENT SYSTEMS (FRMS) Crew member fatigue, divided into transient fatigue (temporary) and cumulative fatigue (accumulating), will seriously reduce flight crew reflexes and efficiency. Because fatigue can be the result of many factors and will vary with individuals, it is the duty of each flight crew member to advise the manager or chief pilot when natural limitations are being reached. The aviation department manager needs to keep the lines of communication open on such conditions and realize that flight crew members are not always aware of their level of fatigue. The credibility of an individual’s self-evaluation decreases as the level of fatigue increases. Individuals fatigue at different rates. Consideration should be given to recognize this and the crew’s limitation becomes that of the most fatigued crew member. In the case of temporary fatigue, the flight crew member is fully aware of the problem and the cure can be as simple as a good night’s rest. The individual usually recognizes cumulative fatigue and the cure involves a day or two away from work. NBAA MANAGEMENT GUIDE, 2024-01 16 ADMINISTRATION The most serious part of the fatigue problem is the psychological component that causes the person to remain unaware of the problem or to deny its significance.Chronic fatigue requires a long period of time off and could require the assistance of a medical professional. A flight crew member may exhibit the following typical inflight symptoms for all types of fatigue. As an individual’s energy level is depleted, the subsequent degradation of skills becomes more pronounced. Perhaps the first recognizable sign is that the individual will accept lower standards of performance. Symptoms include decreased reaction time, reduced attention span, sloppy flying or roughness on the controls, and distorted judgment. Fatigue has eluded rigorous quantitative definition because each person is affected differently. Experienced flight crew members should use every opportunity to combat fatigue. This includes altering diets when necessary, getting away from the airport for some exercise and utilizing day rooms for sleep whenever possible. It is difficult to adjust to constantly fluctuating schedules due to the effect of circadian rhythms. Medical evidence confirms that a person cannot store sleep for an expected long duty day. The aviation department manager must constantly assess the company’s travel requirements and adjust or design the flight and duty time to guarantee a consistently safe flight operation. Fatigue Management is an approach that identifies and mitigates risks and errors related to human fatigue. It takes into account as many factors as possible that can contribute to fatigue related errors. Operators may adopt a Fatigue Management Program that aims to reduce fatigue related errors across all areas of the operation, for all employees. Establishing a Fatigue Management Program requires a comprehensive evaluation of an operation’s unique risk factors that contribute to fatigue. A comprehensive program involves more than establishing flight and duty times for pilots. A robust Fatigue Management Program should include, but is not limited to the following elements: Establishing work day limitations and recovery/rest periods for all team members Recognizing the effects of high workloads/periods of sustained high workload on fatigue For flight crews, establishing flight and duty time limitations and recovery periods as well as mitigation strategies for extended flight/duty days Establishing protocols for standby/on-call duty and/or shift-work, if applicable Identification of factors beyond working hours that might contribute to employee fatigue (stress, commuting, quality of sleep, etc.) Implementing scheduling practices that enable employees to effectively manage fatigue levels Training and awareness for employees to recognize the science behind fatigue and recognition of fatigue onset in themselves and others (how you function vs how you feel) Methods of collecting data related to fatigue related metrics Methods for identifying, mitigating, and tracking fatigue related incidents Additional information on Fatigue Management Programs and suggested best practices can be found at: Duty / Rest Guidelines for Business Aviation Fatigue Management Guide for General Aviation Operators of Large and Turbojet Aeroplanes 1.1.5 SECURITY Over the past decade, land and air based security concerns and mitigation measures have multiplied significantly in the U.S. and worldwide. Business aircraft operators must maintain awareness of both domestic and foreign security constraints and hot spots that may impact their operations. The U.S. Department of Homeland Security (DHS) and the Transportation Security Administration (TSA) oversee the development of security regulations and a number of security programs that can affect NBAA member companies. For the list of security programs affecting operators, aircraft repair stations and flight training candidates, visit www.nbaa.org/ops/security. The security program should include threat assessment, plans of action and avoidance, and regular training and auditing. For example, a company might possess an elaborate security system but still might need a plan of what to do if an aircraft is suspected of being sabotaged. NBAA MANAGEMENT GUIDE, 2024-01 17 ADMINISTRATION 1.1.5.1 PLANS TO AVOID A BREACH OF SECURITY The following steps should be taken in developing any security plan. Review all sources of media information; newspaper, radio and television coverage of actual events can be very instructive. Circulate memos, articles and newsletters throughout the company that discuss security Review available catastrophe avoidance literature Require that the security and aviation departments attend security seminars Consider removal of company identification, logos and the American flag insignia Do not publicize the aircraft itinerary Have hangar personnel accompany all visitors to hangar facilities Avoid having company signs and logos at the company’s hangar facility Do not make any controversial statements, either in public or in private, since these statements could lead to violence Cancel trips or specific stops if there is any reason to suspect trouble Be most sensitive to security information received just before flight time Use the aircraft’s security system at every stop, no matter how brief Be very cautious when hiring local guards; local contacts can assist in making arrangements for theft Know or require positive identification from passengers Require a passenger manifest Require all passengers who are not employees to be authorized by an employee Check fencing, lighting, security patrols, gates and limited access areas at all airports Encourage flight crews to develop a security awareness attitude List any security concerns and actions regarding specific threats Request guard services at security-sensitive locations through FBOs or ground handling agents Use only reputable catering services and monitor catering carefully Advise passengers to maintain positive control of their luggage Check all unmarked or unrecognized baggage for content and ownership Consider enrolling aircraft in the Block Aircraft Registration Request (BARR) program (www.nbaa.org/barr) 1.1.5.2 PLANS TO RESPOND TO A BREACH OF SECURITY NBAA recommends that aviation departments consider the following steps in developing a company security program: Establish an emergency control committee to handle disaster-type emergencies. Develop a contingency plan for advance response to hijackings, bomb threats, executive abductions, terrorist activities and extortion demands Schedule simulated emergencies at least once a year to test the contingency plan Establish an emergency communication system with a telephone list of key personnel Audit security at hangar facilities and operational areas. The risk of an incident involving hijacking (air-piracy) or other terrorist acts exists and is increasing both within the United States and overseas. The following precautions should be taken if a company suspects it may be a target of terrorism: Assume that one terrorist act signals the presence of another; if the aircraft is violated in one area, verify that other areas have not been violated Ask for help from local authorities, even if terrorist activity is suspected without solid evidence Receive professional training on the use of any weapon carried on the aircraft Use any weapon with caution Consider alternative means of transportation if sabotage is suspected •Verify that no stowaways are aboard, especially in the lavatories or the baggage compartments Share any terrorist activity only with company officials, the Federal Bureau of Investigation (FBI) and other appropriate government agencies Use security tape on all access panels and doors when parking overnight NBAA MANAGEMENT GUIDE, 2024-01 18 ADMINISTRATION In case hijacking or air piracy does occur, the flight crew must be familiar with published emergency procedures. These procedures are listed in detail in the Aeronautical Information Manual (AIM). Some elements are provided below. They should be followed, providing they do not jeopardize the safety of the flight. Execute a distress radio call on 121.5 MHz or 243.0 MHz Set the transponder to 7500 Maintain a true airspeed of no more than 400 knots Maintain an altitude between 10,000 feet mean sea level (MSL) and 25,000 MSL (providing range requirements are met) Fly a course toward the destination that the hijacker has announced Comply with any procedures that direct the flight crew to a safe landing 1.1.6 EMERGENCY RESPONSE PLANNING (ERP) Operators must have pre-established clear procedures that will provide direction and guidance in the event of an accident or an incident. The possible occurrence of an accident or incident cannot be ignored in business aircraft operations. These procedures should include regulatory requirements as well as company policy. Responding to requests from NBAA members and NBAA’s Board of Directors, the NBAA staff has created a document that provides initial guidance for companies in the event of a business aircraft accident. The memorandum, titled “Company Response to an Aviation Accident,” advises company management and public affairs personnel on how to respond to media, public and internal inquiries quickly, sensitively and effectively. It has been reviewed and approved by representatives from the National Transportation Safety Board, Federal Aviation Administration and General Aviation Manufacturers Association. 1.1.6.1 ACCIDENT NOTIFICATION The responsibility to notify a company or business of an aircraft accident in which a fatality or a serious injury has occurred normally is that of the state or local police in the jurisdiction in which the event has taken place. In some instances' notification by the police may be delayed. For that reason NBAA recommends that operators establish and maintain a proactive flight following system that will assure the company becomes aware of an event as early as practical. NBAA recommends that company guidelines delineate who needs to be notified in case of an accident or incident. A pilot of a business aircraft involved in any accident or incident immediately must notify the aviation department manager or, failing that, the executive to whom the department reports. Procedures should permit such communications to occur at all times. For example, the pilot could have access to a paging system or a telephone number that is answered 24 hours a day, every day. Section 830.5 of the NTSB regulations requires that the operator notify the nearest NTSB field office in the event of any accident or incident. For specifics as to which accidents or incidents require an operator to notify NTSB, refer to FAR 830.5. Under the definition of the term operator in Section 830.2 of the NTSB regulations, the operator could be the person who “causes or authorizes the operation of an aircraft.” NBAA suggests that the company’s pre-accident plan state who should contact the NTSB. The plan should include at least two or more people who are authorized to contact the NTSB and the order in which the responsibility descends. If the first person on the list is not available, the second person will be responsible for this task. Type, nationality and registration marks of the aircraft Name of owner and operator of the aircraft Name of the pilot in command Date and time of the accident Last point of departure and point of intended landing of the aircraft Position of the aircraft with reference to some easily defined geographical point Number of persons aboard, number killed and number seriously injured Nature of the accident, the weather and the extent of damage to the aircraft, as far as is known A description of any explosives, radioactive materials or other dangerous articles carried NBAA MANAGEMENT GUIDE, 2024-01 19 ADMINISTRATION 1.1.6.2 ON-SITE PROCEDURES The flight crew, if not incapacitated, must assume control of an accident site and the following procedures should be included as their duties. Remove all passengers to a safe area Secure assistance, render emergency first aid and arrange to provide immediate medical attention for the injured Arrange for medical examinations of all passengers, whether injured or not, and secure a physician’s report on each Prepare signals, if in a remote area Notify the nearest FAA flight service station (FSS) Ensure the aircraft and its onboard documentation will not be disturbed until properly released by the FAA or NTSB Preserve the integrity of the accident site for investigators; if there are fatalities, notify the local police and coroner Obtain names and addresses of eyewitnesses Arrange for cargo to be stored, if necessary, pending company instructions for disposition 1.1.6.3 ON-SITE STATEMENTS The flight crew should not make any statements to the authorities or the media until they have had an opportunity to recover fully from shock, review the details of the event in a thoughtful manner and seek competent legal counsel. When involved in an accident or any incident, do not speak to a representative of the media. The corporate public relations specialist should handle the press. Unless served with a subpoena, the pilot is under no legal obligation to make a statement to any government official. The NTSB accident report should be completed in the time limit set, with the aid of an attorney. 1.1.6.4 COMPANY INVOLVEMENT A serious accident will have an instantaneous emotional impact on the corporate family. Established procedures will enable the company to handle most of the matters expeditiously. The aviation department, whether small or large, should coordinate the formulation of acceptable company post-accident procedures. The corporate executive responsible for the aviation department, legal counsel and insurance manager (or insurance agent if the company does not employ an insurance manager), and the public relations officer should be involved in establishing and following administrative procedures. Companies should ensure that: Responsibility is delegated to an appropriate company executive to discharge the administrative functions as necessary Proper notification has been given to the NTSB and/or FAA (ensure that legal counsel has reviewed procedures and available accident details and is aware of possible legal implications) Notification procedures satisfy the requirements of the company insurance carrier After company procedures have been written, they should be distributed to and understood by executives, the aviation department manager, chief pilot, flight crew, legal counsel, insurance manager and insurance agent. Copies also should be placed on the aircraft. 1.1.6.5 PARTIES TO AN INVESTIGATION The company should request to participate as a party to an investigation to help the NTSB develop a complete factual record. This enables responsible officials, whose product or services might be involved, to have immediate access to accident facts in order to initiate preventive and/or corrective action. Participation as a party enables a company to learn facts firsthand. The regulations can be found in Part 831 of the NTSB regulations, which contain accident/incident investigation procedures. If a company is designated as party to the investigation, it will begin to participate during the investigation’s field phase. Later, if a public hearing is deemed necessary by the NTSB, it can designate the company as a party to the hearing NBAA MANAGEMENT GUIDE, 2024-01 20 ADMINISTRATION 1.1.6.6 PUBLIC RELATIONS The company’s public relations department, if there is one, should prepare to handle press or other inquiries. If no such department exists, a key executive should be prepared to handle external and internal inquiries. Those with public relations responsibilities should help prepare the company’s response in advance. The key components of a company’s response to an accident are as follows: The company’s policy statement on the aircraft’s use Authoritative information on business aircraft accident rates, company flying safety awards and pilot safety records Set procedures for handling intercompany relationships if the accident involves an aircraft used under time-sharing, joint ownership or interchange agreements, or when passengers from another company are on board 1.1.6.7 CARE OF SURVIVORS AND NEXT OF KIN Much has been learned in recent years about the psychological impact of a traumatic event like an aircraft accident on victims, their next of kin and other people directly and indirectly affiliated with the flight department. NBAA recommends working with trauma intervention specialists to develop effective notification and support processes and resources. Specific areas to address include: Development of a next of kin notification strategy, process and resources. Development of processes, procedures and resources for supporting the immediate needs of the next of kin (such as a company-family liaison, transportation, financial support, information). 1.1.6.8 COMPANY ACCIDENT COMMUNICATIONS GUIDANCE This section provides information and guidance to company management and public affairs personnel regarding press and public inquiries in the event of an accident involving company-operated aircraft. Also provided is a list of specific press concerns to help company personnel effectively prepare for and respond to inquiries. Issues related to aircraft accidents may be discussed at any time with the staff of the following organizations: National Business Aviation Association (NBAA), (800) FYI- NBAA National Transportation Safety Board (NTSB), Office of Public Affairs Federal Aviation Administration (FAA), Office of Public Affairs General Aviation Manufacturers Association (GAMA) Aircraft accidents are complex and unfortunate events that require a deft personal and corporate response. A company’s first and highest responsibility is to the families of those involved in the accident. Every appropriate provision for their comfort and accommodation should be considered, assigned and acted upon first, prior to internal company or public comment. Company management should take steps immediately to notify the families, offer counseling and other support, make needed arrangements and keep them informed. The primary sources for information regarding the aircraft, crew and passengers involved typically are internal and can be obtained from sources such as flight department records, flight department personnel not involved in the accident, company human resource departments or personnel departments. The leadership of those departments should be contacted at the outset. Public affairs and investor relations personnel as well as insurance providers also should be contacted immediately. Aircraft accidents often generate acute levels of public and professional scrutiny previously not experienced by management, in an area outside their expertise. Although this attention typically is long-term as an investigation unfolds, the broader public’s interest usually is ephemeral. NBAA MANAGEMENT GUIDE, 2024-01 21 ADMINISTRATION The early acknowledgment of and stated regret for an obvious tragedy, responsibility for the families of those involved in the accident, and a demonstrable corporate attitude of proactive cooperation with investigating authorities are highly recommended. The public’s perception of a company’s professionalism in the wake of a crisis often significantly influences public and shareholder opinion of the company’s competency. Ultimately, safety is the responsibility of company management, from the Accountable Executive down, and it should be treated as a fundamental matter of the company culture. Management should articulate in writing a strong, permanent and visible commitment to safety. Past aircraft accident investigators have noted that the implementation of corporate safety standards for air transportation often effectively prevent most accidents before they occur. In the event an accident does occur, company management should have procedures in place to help them respond to the crisis quickly and effectively, often referred to as a business continuation plan (BCP). The following sections recommend specific actions that company representatives should (or should not) take in the aftermath of an aircraft accident. They also identify the facts company representatives should know about the accident and about business aviation in general to answer likely press and public inquiries successfully. While this Management Guide addresses accidents from company management’s perspective, flight departments also should have a separate, complementary “pre-accident” plan in place. This latter plan should be practiced or simulated separately and in conjunction with the corporate BCP. Flight department managers can refer to several sources for advice, including this Management Guide. Interested parties also may access the U.S. federal government’s Code of Federal Regulations (CFR) regarding transportation and the National Transportation Safety Board (Title 49, Volume 5, Chapter VIII) – specifically CFR Title 49, Part 830, titled Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo and Records at www.access.gpo.gov/rara/cfr/index.html 1.1.6.9 COMPANY RESPONSE IN THE AFTERMATH OF AN ACCIDENT After an aircraft accident has occurred, company management and public affairs personnel must deal with several issues. As noted above, a company’s first step should always be to accommodate all the family members of those involved in the accident. Next, company personnel should be prepared to answer questions of fact (not opinion or conjecture; see sections below) posed by aviation authorities, the media and/or the general-public related to the trip’s purpose and itinerary, the aircraft involved and other related factors. The type of data most frequently requested by authorities is identified below; companies should have such information on hand as an investigation unfolds. It is important to note, that companies should not answer certain questions posed by the media but instead refer them to outside authorities. For use in a crisis, it is important to create and maintain a crisis communication phone tree or 24/7 contact list for people such as company personnel, company accident response team members, flight department contacts, public emergency contacts, airport emergency contacts, NTSB and FAA contacts, legal advisors and insurance contacts. It will need to be checked and updated regularly to address personnel turnover, a common occurrence. 1.1.6.10 ACCOMMODATION OF FAMILY MEMBERS Never forget that a company’s first and highest responsibility is to the families of those involved in the accident. A company should anticipate and answer their needs first, prior to internal company or public comment. Company management should take steps immediately to notify the families, offer counseling and other support, make any necessary arrangements and keep them informed. To keep families informed, the company should assign each of them a liaison in a long-term role. NBAA MANAGEMENT GUIDE, 2024-01 22 ADMINISTRATION 1.1.6.11 NOTIFICATION OF COMPANY PERSONNEL Company leadership as well as human resources, flight department, public affairs, investor relations and press relations personnel should be notified of an accident as soon as possible following the incident. After such notification and by prior arrangement, further management of this issue would then be assigned to a response team of the company’s design. Only one specifically assigned response team member should communicate with the media regarding the accident. This “sole source” media contact should be identified company-wide, reducing the likelihood of uninformed commentary. 1.1.6.12 NOTIFICATION OF INSURANCE PROVIDERS The company’s insurance carrier and broker should be contacted as soon as possible after an accident. Additionally, since some insurance providers have their own accident response procedures, company personnel should contact and discuss such information from the provider and use it in conjunction with this Management Guide information. If flight department practices plan, the insurance company and broker should participate. Parties should provide emergency contact information for those who will respond to and support an emergency. 1.1.6.13 PROBABLE CAUSE OF AN ACCIDENT Do not speculate about the cause of any accident at any time. Company personnel should make no comment regarding the “probable cause” of an accident. Moreover, not only should companies not comment on the probable cause, but they should not comment on the investigation at all, i.e., what was or was not found. By federal statute, the jurisdiction of investigation and the finding of a probable cause for accidents involving aircraft of U.S. registry is the responsibility of the National Transportation Safety Board, an independent agency of the federal government headquartered in Washington, DC, with nine regional and field offices located throughout the United States. Company management should refer all inquiries regarding the probable cause of an accident to the Office of Public Affairs at the NTSB. Accidents involving loss of life will often involve the dispatch of an NTSB “Go Team,” which will travel rapidly to the site to direct the accident investigation. Aside from immediate public safety concerns at the crash site, the NTSB alone has the jurisdiction and authority to command an accident investigation and issue a probable cause finding. No other agency or authority – federal, state, municipal or local – should or can comment responsibly on the probable cause of an accident. For accidents that the Board investigates, all questions regarding the aircraft and its contents, crew, passengers, air traffic control personnel, local weather conditions at the time of the accident, or any additional issues relevant to an accident eventually will be commented upon officially by the NTSB. At the Board’s discretion, some accidents involving only property damage will not have an NTSB investigator travel to the accident scene. Although FAA investigators may go to the accident site, these accident investigations are still under the oversight of the NTSB, and, therefore, questions concerning these accidents should be directed to the appropriate NTSB regional or field office. No company personnel should comment on the probable cause of an aircraft accident for several reasons. First, the jurisdiction for determining probable cause is the NTSB’s alone. Second, speculation may adversely affect a company’s legal liability with regard to the accident. Third, accidents typically are complex events not completely understood until after at least several months of analysis are completed, if then. Company personnel rarely are qualified accident investigators, a unique specialization. Consequently, initial comments and conclusions by accident observers frequently are in error, typically confusing the issue or worse. At a company’s request, the National Business Aviation Association may be “a party to” the NTSB investigation process, bringing additional business aircraft operator expertise and perspective to the process. Requests for NBAA participation should be referred immediately to the NBAA senior vice president of operations. NBAA MANAGEMENT GUIDE, 2024-01 23 ADMINISTRATION 1.1.6.14 SCHEDULING PRESS STATEMENTS Although the pressures for instant answers in the wake of an aviation accident can be extreme and from many quarters, accurate information seldom is available early or at the press’s convenience. Companies are cautioned to move as quickly as possible regarding the accommodation of family members, and as prudently as possible regarding the press. Respect for reporter deadlines must be tempered by consideration for the families and the ability of the company to respond professionally and with accuracy. When in doubt, and when possible, it is best to wait and schedule statements and meetings with reporters later rather than earlier. If the NTSB is investigating the accident, companies should not speak about the accident investigation. However, companies can release factual information. The NTSB‘s rule of thumb is that if you could have said it the day before the accident, you can say it the day after. Therefore, the Board permits, and actually would encourage, companies to release information concerning the aircraft, such as make, model, age and ownership; the identity of the company itself; the purpose of the flight; and the names of the crew and passengers. Additionally, it would be helpful to the NTSB if the company’s public affairs personnel contacted the NTSB’s public affairs officers to notify them of any press statements 1.1.6.15 AIRCRAFT INVOLVED Company management should be familiar with or know where to find information that relates to their aircraft, examples of which are listed and defined in the following section. 1.1.6.15.1 Type, Type Designation Information regarding aircraft identification, including the name of the manufacturer and model number or name of the aircraft, should be contained within flight department or company administrative records. Typically, this information is reported using an official FAA “type designation” – a series of letters and numbers with which the FAA officially designates the aircraft type, such as “Dassault Falcon DA- 20F” or “Learjet LR-25B.” 1.1.6.15.2 Acquisition Date On what date did the company take control of the aircraft? Prior owners also can be relevant, if recent. 1.1.6.15.3 Engine Data Engine information includes the number, identity of the manufacturer and model number of the aircraft’s engines. Such data are often reported separately and distinctly from the airframe’s identification. The number of hours in operation each engine has experienced may be reported. Also, the number of hours in operation since the last major overhaul or major service interval often is reported. All of this information may be available internally, through records kept by a company’s flight department. Alternately, if maintenance has been performed externally, the vendor for that service should have records including this and other information. 1.1.6.15.4 Black Boxes Unlike commercial airliners, business aircraft typically are not required by Federal Aviation Regulation to use cockpit voice recorders and flight data recorders, also known as black boxes. However, some business aircraft (typically sophisticated jets) do carry cockpit voice recorders and/or flight data recorders onboard. If such is the case, company or manufacturer records will indicate their existence. This information is useful for response to press or other inquiries. However, company representatives should limit comments to whether the aircraft had black boxes or not; they should not comment on the recorded data. NBAA MANAGEMENT GUIDE, 2024-01 24 ADMINISTRATION 1.1.6.15.5 Performance All questions related to the expected performance of the aircraft should be referred to the aircraft’s manufacturer. Because accidents inherently call into question the performance of the aircraft – issues such as flight characteristics, fuel use, passenger and cargo loads, center of gravity concerns, etc., all can and will be raised – and because these issues often contribute to probable cause findings, companies should decline to speculate on the aircraft’s expected performance. All aircraft registered in the U.S. have been certified by the FAA and extensively tested to ensure their safe operation under conditions defined in the aircraft’s operating manual, a public document. Performance specifications of the aircraft, as certified by the FAA, are available in the aircraft’s operating manual or from the aircraft’s manufacturer. The General Aviation Manufacturers Association, based in Washington, DC, can supply contact information for aircraft manufacturers. As a second source, extensive descriptive data about business aircraft also are published in Jane’s All The World’s Aircraft, which contains information about aircraft manufactured worldwide. Jane’s is published annually and is readily available at most major libraries. A third source for aircraft operational data is the Planning & Purchasing Handbook, published by Business and Commercial Aviation, a business aviation trade publication. 1.1.6.15.6 Ownership and Management The legal ownership of the aircraft is usually obvious. Under certain ownership options, however, ownership can be blurred. What entity holds legal title to the aircraft? Who is the “practical” owner/operator of the aircraft? Reporters typically will be uninterested in the legal nuances and will want to report the aircraft’s real-world operator. Who has management control of the aircraft? Under certain ownership options, management of the aircraft can be outsourced to a management company, shared, or employ other resourcing strategies. Due to the often-complex nature of such ownership agreements, a company’s legal counsel or CFO typically is the most knowledgeable source of information regarding the ownership and management of company aircraft. However, information regarding aircraft operated by a third party, such as those operated by a management company or under a fractional ownership agreement, also can be secured through those companies. 1.1.6.15.7 Age The age of an aircraft refers to both how old the aircraft is in years and the amount of hours flown, also known as hours “on the airframe.” Takeoff and landing or start-up and shut- down “cycles” also sometimes are reported. This information typically is available from aircraft logbooks located in the company flight department’s or pilot’s office at the airport where the aircraft is based. 1.1.6.15.8 Maintenance Standards and FAA Inspections It is important to note the maintenance philosophy of the company regarding the aircraft, which is typically stringent. To what standards or with what attitude was the aircraft maintained? Where was the aircraft maintained? If the aircraft was maintained inhouse, what were the qualifications of the airframe and power plant maintenance technicians? Additionally, information regarding the aircraft’s most recent FAA inspection should be available within the company’s flight department or through a maintenance vendor. As part of its investigation, the NTSB will review the maintenance records of the accident aircraft. A proactive approach to maintenance, and the disclosure of maintenance records to authorities, is strongly recommended. However, public company comments regarding the maintenance of the accident aircraft should be extremely limited. Because maintenance records typically are impounded rapidly following an accident, access to them can be limited to preexisting duplicates retained by some operators. NBAA MANAGEMENT GUIDE, 2024-01 25 ADMINISTRATION 1.1.6.16 TRIP PURPOSE AND ITINERARY It is usually sufficient for a company to provide a general rather than a specific characterization of a trip’s purpose to the public. The flight’s expected departure/arrival dates and times, departure/destination locations and timing normally are reported following an accident. 1.1.6.17 PASSENGERS Company management should keep information regarding an aircraft’s passengers on hand in the event of an accident. Such information includes names, titles, ages, professional biographies and names of family members. 1.1.6.18 CREW Company management always should record information regarding an aircraft’s crew in the event of an accident. Such information includes the names and titles of pilot(s) and other onboard crew; qualifications of flight crew members, including ratings held, hours of flight experience in aircraft involved and hours of flight experience in general; company training philosophy; and the safety record of company aircraft. Companies should expect and preempt aggressive efforts, including invasive inquiries to victims’ families, to secure photographs or “stories” about those involved in the accident. 1.1.6.19 AIR TRAFFIC CONTROL All questions concerning the NTSB’s investigation should be referred to the NTSB, including any questions about air traffic control. After an accident occurs, the NTSB will obtain air traffic control tapes pertaining to the accident from the FAA and examine them. When the NTSB returns air traffic control tapes to the FAA, typically a couple of weeks after the accident, the FAA will make the tapes public. 1.1.6.20 LOCAL WEATHER Company management should refer weather questions to the nearest airport’s management office or local weather authorities (the nearest National Weather Service office is a good source), which typically have access to local weather conditions. 1.1.7 FAA VIOLATION AND ENFORCEMENT PROCEDURES Any FAA certificate holder, and in some cases non-certificate holders can be charged with violating the Federal Aviation Regulations (FARs). If an employee or representative of a company learns of a violation, it should be reported to the aviation department manager and the company’s legal department or counsel as soon as possible. They may be in the best position to handle the incident(s) and protect the company and its airmen. The FAA typically learns of alleged violations through reports from air traffic control, anonymous (hotline) complaints, routine inspections and voluntary disclosures. 1.1.7.1 PILOT’S BILL OF RIGHTS (PBR) In 2012 Congress enacted the Pilot’s Bill of Rights #1 and in 2015 enacted Pilot’s Bill of Rights #2. These Acts require the FAA to provide airmen certain written notifications of investigations with respect to certificate actions. They also require the FAA, when applicable, to make accessible to the airman, air traffic data and prohibits the FAA from taking any action against the airman for 30 days after the airman receives the data to allow sufficient time to review. If this information is not timely provided to the airman, it could be fatal to the FAA’s enforcement action. 1.1.7.2 INVESTIGATION PROCEDURES Anyone can report a suspected or alleged violation of the FARs to the FAA. When a violation is reported, the FAA assigns an inspector who opens a file and is responsible for the investigation. A letter of investigation (LOI) is sent to the alleged violator. These LOIs are often referred to as “Ten-Day-Letters”” because the FAA typically requests a response within that time period. They must, however, include a recitation of the Pilot’s Bill of Rights. NBAA MANAGEMENT GUIDE, 2024-01 26 ADMINISTRATION When someone receives an LOI it can be extremely stressful because the FAA is investigating that individual as a result of an incident, accident or FAR violation. Even if the involved person(s) does not believe that a violation occurred, the response to the LOI, must be well-thought-out and provide accurate information. It is important to note, that any information shared with the FAA may be utilized to bolster enforcement actions. NBAA recommends airmen under investigation consider retaining competent aviation counsel when being questioned by or responding to the FAA or NTSB personnel. Further, when interacting with FAA inspectors, an airman should always be courteous. Unless served with a subpoena, an airman is under no legal obligation to make a statement or to respond to the LOI, but at the same time, responding to the LOI demonstrates cooperation that will be considered by the investigator in determining what if any sanction will be imposed. Therefore, cooperation with the investigator is usually appropriate. After the FAA receives the response to the LOI (or no response) the inspector will decide what action, if any, to take against the alleged violator. The inspector should consult the procedural rights provided in FAA Order 2150.3C, titled “Compliance and Enforcement” dated September 18, 2018. If the inspector finds that no violation occurred, a letter will be sent to the airman with notification that the matter is closed. However, if the inspector finds a violation, depending on the type and nature of the alleged violation, among other factors, the FAA can use any of the following methods to address the alleged violation: Re-examine the airman’s qualifications; Compliance program; Administrative actions (warning notice and letter of correction; or Enforcement actions (suspend or revoke certificate(s) and civil penalties) 1.1.7.3 RE-EXAMINATION – THE 709 CHECK RIDE If the FAA has reasonable grounds to re-examine the qualifications of an airman (including maintenance technicians), it may do so. Often these requests result from an accident, incident or violation. This procedure is commonly referred to as a 709 Check Ride. See 14 C.F.R § 44709. The airman is notified by certified mail of the necessity of and the reasons for the re-examination. The FAA is required to provide to the airman: The reasonable basis, described in detail, for requesting the reexamination; and Any information that the FAA determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification. The airman is responsible for scheduling a time, place and securing an aircraft for the re-examination, within a specified time frame as set by the FAA. If the airman fails or refuses to submit to the re-examination, the FAA likely issue an emergency order suspending the airman’s certificate. If the airman passes the re-examination, the matter is usually concluded. The airman may be provided more than one examination to show the qualifications are met. However, if the airman fails the re-examination, the FAA will likely suspend or revoke the airman’s certificate. The airman has the right to appeal the suspension or revocation to the NTSB. 1.1.7.4 COMPLIANCE PROGRAM The FAA instituted the Compliance Program in 2015 in FAA Order 8000.373. The goal of the program is to “achieve rapid compliance, to eliminate a safety risk or deviation, and to ensure positive and permanent change.” The Compliance Program is used by the FAA to correct unintentional violations from simple mistakes, lack of understanding, or diminished skills. These can be effectively corrected through training and education. The FAA's use of the Compliance Program does not constitute a determination of a violation. Instead, it provides an opportunity for the fair assessment of genuine errors. The distinction between the Compliance Program and enforcement actions are blameless unsafe acts that can be addressed by using compliance tools, and unacceptable behavior that requires enforcement action. When the FAA uses the Compliance Program in lieu of an enforcement action, the airman is in most cases required to attend/perform/complete specific training as directed by the inspector. When that training is complete, and the inspector is satisfied the conduct that led to the violation is remedied, the matter will be closed. NBAA MANAGEMENT GUIDE, 2024-01 27 ADMINISTRATION 1.1.7.5 ADMINISTRATIVE ACTIONS An administrative action is used to dispose of violations that are too minor to warrant legal enforcement action, but arguably more serious than a violation that warrants handling through the compliance program. In order to be considered minor, the violation must not be deliberate, must not be significantly unsafe and must not evidence a lack of competency and qualification. The violator would be issued either a warning notice or a letter of correction. These administrative actions remain part of the airman’s official record for two years after action is taken. After this period, it is expunged. Warning Notices are sent to the alleged violators and recite the facts and circumstances of the violations and request future compliance. When the FAA issues these warning notices, it is not likely they will remove them from the airman’s file until expiration of the two-year period (discussed above). However, if the airman disputes the allegations contained in the warning notice or has some facts to consider in mitigation, the airman should write and send a response to the notice which will be kept in the airman’s file along with the warning notice. Letters of Correction serve the same process as warning notices but are used by the FAA when there are agreements with the alleged violator and the FAA accepts that corrective action has or will be taken in a reasonable amount of time. An administrative action is used to dispose of violations that are too minor to warrant legal enforcement action, but arguably more serious than a violation that warrants handling through the compliance program. In order to be considered minor, the violation must not be deliberate, must not be significantly unsafe and must not evidence a lack of competency and qualification. The violator would be issued either a warning notice or a letter of correction. These administrative actions remain part of the airman’s official record for two years after action is taken. After this period, it is expunged. Warning Notices are sent to the alleged violators and recite the facts and circumstances of the violations and request future compliance. When the FAA issues these warning notices, it is not likely they will remove them from the airman’s file until expiration of the two-year period (discussed above). However, if the airman disputes the allegations contained in the warning notice or has some facts to consider in mitigation, the airman should write and send a response to the notice which will be kept in the airman’s file along with the warning notice. Letters of Correction serve the same process as warning notices but are used by the FAA when there are agreements with the alleged violator and the FAA accepts that corrective action has or will be taken in a reasonable amount of time. 1.1.7.6 FAA ENFORCEMENT ACTIONS If the FAA inspector finds a violation has occurred, an Enforcement Investigative Report (EIR) is forwarded to the FAA Regional Flight Standards Office for review. If that office agrees there has been a violation that requires an enforcement action, the report then goes to the FAA’s legal counsel with appropriate action recommendations. Enforcement actions include certificate actions and civil penalties. 1.1.7.6.1 REMEDIAL TRAINING PROGRAM The FAA has begun to permit airmen to complete remedial training as corrective action. Remedial training cannot be used in cases of an airman’s lack of qualifications or in cases of an airman’s improper conduct that can be considered deliberate and/or grossly negligent, resulted in an accident, or constituted a criminal offense. In addition, an airman is required to admit to the violation in order to participate in the training program. If an FAA inspector uses this approach, the inspector will consider the following: Will future compliance reasonably be ensured through remedial training alone? Does the airman exhibit a constructive attitude that leads the inspector to believe the airman has a willingness to comply, so that noncompliance is less likely in the future? Does the airman have any prior record of enforcement actions? The final decision as to whether or not to use remedial training rests with an accident prevention specialist (APS). The APS will meet with the airman to confirm whether or not remedial training is appropriate, propose a course of study and thereafter develop a remedial training program. NBAA MANAGEMENT GUIDE, 2024-01 28 ADMINISTRATION The meeting between the APS and the airman should be limited to a discussion of an appropriate remedial training program to help the airman comply with safety regulations in the future. The merits of the underlying incident or investigation should not be discussed in any other way. The APS should advise the airman that participation in the remedial training program is a substitute for legal enforcement action. The airman cannot contest the violation and participate in the program. During the meeting, the APS will describe a proposed course of study, including training objectives and expected completion dates. Considerations taken by the APS will include the nature of the violation, the airman’s enforcement record, the specific needs of the airman and the availability of qualified instructors and facilities in the airman’s geographic area of operation. The airman’s views on the proposed course should be solicited before the final program is developed. The agreed course of study and completion date will appear in a letter of agreement. Within the time specified in the agreement, the airman must provide the required evidence that the training has been completed. A letter of correction stating that required remedial training has been satisfactorily accomplished will be placed in the airman’s record for two years. After this period, it will be expunged. 1.1.7.6.2 CERTIFICATE ACTIONS The airman will be informed of the proposed action by a Notice of Proposed Certificate Action (NOPCA). That notice will identify the alleged violations and the proposed sanction, for example, a 60-day suspension of an airman’s certificate. The NOPCA will offer the airman an opportunity to participate in an informal conference with the FAA. The informal conference is attended by an FAA attorney and the inspector that investigated the alleged violations. Sometimes other FAA personnel such as the investigator’s supervisor. NBAA recommends that the airman request an informal conference as it can be a great opportunity for the airman to tell the airman’s side of the story and provide facts and evidence that the FAA is not, or has not, considered. If an attorney has been retained, that attorney should do all or most of the talking during the conference. Ideally, the case is settled during the informal conference. If not, the FAA will issue an Order of Suspension or an Order of Revocation. However, if the FAA determines that an emergency exists in which safety requires an immediate suspension or revocation, an Emergency Order of Revocation or Suspension will be issued. When this occurs, the airman must immediately surrender the FAA certificates to the FAA. The airman has the right to appeal either Order to the NTSB. Unless the case is designated an “emergency” the airman’s certificate remains effective until the NTSB disposes of the appeal. The first appeal will be before an administrative law judge (ALJ) in a trial-type hearing. This decision, in whole or in part can be appealed to the full five-member NTSB and thereafter, that decision can be appealed in federal court. However, the airman needs to consider that this appeal process can be a lengthy and expensive process. Again, representation by competent aviation counsel is essential in ensuring a fair and objective interaction with FAA personnel. 1.1.7.6.3 CIVIL PENALTY The FAA has the authority to assess civil penalties (fines), for FAR violations. Civil penalty actions are usually assessed against Part 119 certificate holders and other aviation operators and not airmen. The process is similar to a certificate action, the difference is that the sanction is monitory and in and of itself, does not affect the certificate It starts with an LOI, then a Notice of Proposed Civil Penalty, then an Order of Proposed Civil Penalty. However, the first level of appeal is with the FAA’s Office of Dispute Resolution; the next level is with the FAA Administrator, and finally in the federal courts. However, when the FAA proposes a civil penalty of $50,000 or more, this will be published by the FAA in a press release. See https://www.faa.gov/newsroom/press_releases. Further, the case is referred to the Department of Justice, and the appeal will be heard and decided in the federal courts. 1.1.7.6.3.1 CRIMINAL ACTIONS The criminal prosecution of these cases rests with the Department of Justice and the rules are the same as those for federal criminal proceedings. These actions tend to focus on serious offenses such as forgery of certificates, falsified logbooks, carriage of weapons aboard aircraft, false aircraft markings, illegal aircraft registration and knowingly making false statements on an application for issuance or renewal of a certificate. NBAA MANAGEMENT GUIDE, 2024-01 29 ADMINISTRATION 1.1.7.7 VOLUNTARY DISCLOSURE REPORTING PROGRAM (VDRP) For Part 119 certificate holders and qualified fractional ownership programs, voluntary reporting guidance is made through FAA Advisory Circular 00-58B (dated April 29, 2009), titled Voluntary Disclosure Reporting Program (VDRP). The VDRP is not specifically designed for Part 91 operations, however, when situations arise similar to those mentioned herein, the FAA may use these VDRP procedures. This is especially true when the violation was inadvertent. These disclosures are exempt from Freedom of Information Act (“FOIA”) requests. The purpose of the VDRP is to provide guidance with respect to voluntarily disclosure of apparent violations of the FARs and if accepted, to avoid enforcement actions such as civil penalty actions. If the FAA accepts the voluntary disclosure, it will not seek a civil penalty against the reporting entity (”RE”). (The RE is the certificate holder or fractional ownership program authorized to submit voluntary disclosures under the VDRP). To be considered for acceptance in the VDRP the following conditions must be met: The certificate holder must immediately notify the FAA of the apparent violation upon detecting it and before the FAA learns of it; The apparent violation must be inadvertent; The apparent violation does not indicate a lack, or reason- able question of a lack of qualification; The certificate holder must take immediate action upon discovery to terminate the conduct that resulted in the apparent violation; The certificate holder must develop and implement a comprehensive fix satisfactory to the FAA. This comprehensive fix must include self-audits to ensure the actions taken correct the non-compliance. 1.1.7.7.1 The six stages of VDRP are: Stage I: Notification of the Apparent Violation. Ordinarily, notification must be made within 24 hours of discovery of the violation, by one of the management officials specified in Part 119, § 119.65, § 119.69 or by a person designated by the airline if the employee is identified in a letter by management as specified in § 119.65 or § 119.69. The Principal Inspector (PI) (maintenance or operations inspector) will consider on a case-by-case basis if a later notification is still considered timely. This notification should include the maximum extent possible: A description of the violation including the duration of time it went undetected and how and when discovered. Verification that noncompliance ceased after it was identified. A brief description of the immediate action taken after the apparent violation was identified, the immediate action taken to terminate the conduct that resulted in the apparent violation, and the person responsible for taking the immediate action. Verification that an evaluation is underway to determine if there are any systemic problems and the corrective steps necessary to prevent the apparent violation from recurring. Identify the person responsible for the comprehensive fix. Acknowledgment that a written report will be provided within 10 working days. Stage II: The PI will review the web-based submission from the air carrier and respond in a timely manner and confirm the notification was timely, and the violation was inadvertent and does not indicate a lack, or reasonable question, of qualification of the air carrier, the air carrier had or is developing a comprehensive fix. When the PI completes review a decision will be made to accept or reject the disclosure or return it for editing. If the disclosure is found to be invalid (non-violation), the case does not go forward and theRE is notified via email. If the disclosure is accepted the case proceeds to Stage III. Stage III: The RE should provide a written report to theFAAvia the web-basedVDRPsystem within 10 days of disclosure. The report should contain a detailed description of the initial notification. If theRE is unable to provide a proposed comprehensive fix in this time frame, it should provide at least an overview of its comprehensive fix plans. NBAA MANAGEMENT GUIDE, 2024-01 30 ADMINISTRATION In any event, a comprehensive fix should be submitted within 30 days of the initial notification. The report should include: A list of the specificFAAregulations that may have been violated. A description of the apparent violation, including the duration of time it remained undetected, as well as how and when it was detected. The immediate action taken to terminate the conduct that resulted in the apparent violation, including when it was taken, and who was responsible for taking the action. An explanation that shows the apparent violation was inadvertent. Evidence that demonstrates the seriousness of the apparent violation and the regulated entity’s analysis of that evidence. Completion of a Risk Assessment Matrix to aid in evaluating the significance of the event. A detailed description of the proposed comprehensive fix, outlining the planned corrective steps Stage IV: Review by FAAto ensure that the RE has identified the root causes and systemic issues which led to the apparent violation. The PI completes a Risk Assessment Matrix to aid in evaluating the significance of the event and the proposed comprehensive fix. This collaboration helps to ensure that the corrective actions contained in the comprehensive fix are acceptable to the FAA. Stage V: The plan is implemented and theRE continues to work with the FAA or the PI may issue a letter of corrections. Stage VI: At this stage, if the inspector determines the comprehensive fix is satisfactory, it is signed off and entered into the VDRP web system for completion which will automatically notify theRE. Matrix to aid in evaluating the significance of the event and the proposed comprehensive fix. This collaboration helps to ensure that the corrective actions contained in the comprehensive fix are acceptable to the FAA. 1.1.7.7.2 VDRP DISPUTE RESOLUTION When disputes occur regarding the acceptance of a proposed comprehensive fix, or a modification, the PI and theRE may request the issue be resolved at the next level of management within the FAA. This procedure will provide for an independent assessment of the areas in disagreement. The VDRP only applies to “individuals” in limited circumstances. It applies only when all the following occur: The apparent violation involves a deficiency of the RE’s practices or procedures; The airman or other agent of the RE , while acting on behalf of the RE , inadvertently violates the FARs; The airman or other agent immediately makes the report of the apparent violation to the RE ; and The RE immediately notifies the FAA of both the airman or other agent’s apparent violation and the apparent deficiency in its practice or procedures. The airman or other agent immediately makes the report of the apparent violation to the RE ; and The RE immediately notifies the FAA of both the airman or other agent’s apparent violation and the apparent deficiency in its practice or procedures. 1.1.7.8 AVIATION SAFETY REPORTING SYSTEM (ASRS) In 1975 the FAA instituted the ASRP which is designed to encourage reporting of FAR violations (deficiencies and discrepancies) to support the FAA’s primary mission of promoting aviation safety. For individuals, voluntary reports can be made under FAA Advisory Circular 00-46F (dated April 2, 2021), titled the Aviation Safety Reporting System (ASRS). The FAA has partnered with the National Aeronautics and Space Administration (NASA) to act as a third-party administrator to receive and analyze ASAP reports. NASA designed and continues to administer the program. This ensures the anonymity of the reporter and other parties. Confidentiality is essential for the success of the program. NASA does not disclose any information that may identify any of the involved parties. Further, 14 CFR § 91.25 prohibits the FAA from using any report submitted under ASAP in any disciplinary action, except for criminal offenses and accidents. NBAA MANAGEMENT GUIDE, 2024-01 31 ADMINISTRATION The FAA considers submission of ASAP reports as indicative of a constructive attitude that tends to prevent future violations, therefore even if the FAA finds that a violation of the FARs occurred, it will not impose a civil penalty or certificate action so long as: The violation was inadvertent; The violation did not involve a criminal offense, accident, or disclose a lack of qualification or competency; The person has not committed a violation for a period of 5 years prior to the date of occurrence; and The ASAP report must be made within 10 days after the violation, or date when the person became aware or should have been aware of the violation. Electronic reporting forms (NASA ASRS Form 277-series are available for access and secure electronic filing from the NASA ASRS website at https://asrs.arc.nasa.gov. 1.1.8 SCHEDULING GUIDELINES Each company should develop and publish its own scheduling guidelines that will assist the scheduler, dispatcher, travel coordinator and administrative assistant in arranging the business aircraft. These guidelines should include a request form to ensure that information regarding the desired flight and its approval is clearly communicated. Once the aviation department has received a request, it should contact the requester to confirm receipt and review the trip details. A sample request form and passenger manifest appears in Figure 1.11. NBAA also recommends that the following items be included in scheduling guidelines: The sequence of executive prioritization by title; A statement that the aviation department has the final decision-making authority; A policy for non-employees to board company aircraft; The titles of all individuals who are permitted to request and/or approve use of company aircraft; Company policy on participation of charity flights; Any restrictions on particular executives traveling together; Position flights; Ensure ground transportation meets company requirements for safety and insurance issues; Policy for personal use and family travel on the aircraft. Some companies have a central travel office that processes requests for all modes of transportation. This office either could be in the aviation department or in a separate office. Other companies utilize an outside contracted travel service for transportation services other than the company aircraft, and travel needs are coordinated between the aviation department and the outside service. The duties of the travel office could include reservations for airlines, car rentals and hotels as well as the company aircraft. If a travel office is used for processing requests for the company aircraft, the aviation department must be granted final approval authority. For more information about the responsibilities of the scheduler/dispatcher role, see page 1-16 1.1.8.1 GROUP EXECUTIVE TRAVEL The group executive travel policy should derive from corporate philosophy, legal and risk management review, prudence and a careful assessment of the risks involved should an accident occur that could jeopardize the continuity of executive management. Because of the critical and sensitive nature of this policy, it should be developed by senior management. Corporate risk and insurance specialists also should be consulted. A policy often begins as a company administrative procedure and eventually becomes part of the company operations manual. However, actual risk and effect of potential losses should be considered rather than allowing protocol or custom to dictate the policy. NBAA MANAGEMENT GUIDE, 2024-01 32 ADMINISTRATION The policy should specify executives by title or groups of executives who are prohibited from traveling together. Each policy should include procedures for deviations from the basic policy in extraordinary circumstances. Codes may be used to identify executives for security purposes. Enforcement of this policy should be left to corporate headquarters personnel and not to the aviation department; however, schedulers should point out apparent violation of the policy when trips are being scheduled. 1.1.8.2 ON-CALL PROGRAMS Business aviation frequently operates on an on-demand basis. Therefore, it is common practice for some flight departments to keep crew members available for short-notice trips. The availability requirement may be a flexible one, in which crew members are obliged only to respond to emails, text messages or phone calls, and acknowledge trips which may take place more than 24 hours in the future. Alternatively, the availability requirement may be quite rigid and necessitate crew members to report to duty as soon as they are contacted and be prepared to fly to destinations unknown for extended periods of time. While the requirement to have crew members on-call is a reality in the industry, aviation managers should remain aware of the implications of on-call status where two crucial areas of flight department operations are concerned: safety and morale. 1.1.8.2.1 Safety Aviation managers should carefully define the limits of on-call status to avoid placing crews on-duty who are fatigued and/or subject to the effects of the circadian low. When crew members are on-call are they “in rest” or are they “on-duty?” If crew members are “in-rest,” how do they cope with the realities of circadian rhythm for evening or early morning flights? If crew members are “onduty” while they are on-call, how long should an on-call period last and how late in the period can a crew member be called for a trip? These are just a few of the questions that should be considered from a safety perspective in the construction and management of an on-call program. 1.1.8.2.2 Morale Aviation managers should have a frank discussion with their principal to determine exactly what the requirements for on-call crew members should be in their individual operations. For example, it may not be necessary to have all aircraft in the department available for a two-hour dispatch 24/7/365, and if that availability is required, the department should be staffed accordingly. Aviation managers should also be sensitive to the imposition in personal time and family flexibility that on-call duty can generate and ensure that burden is spread evenly throughout the department. In general, some crew members don’t consider on-call days as “off days,” even if they are not called for a trip, because they were unable to make plans or commitments for that day. Correspondingly, some corporate HR departments don’t consider on-call days as workdays if a crew member is not called. The aviation manager must strike a balance between these two positions in order to satisfy the demands of corporate leadership and maintain the morale of his/her personnel. 1.1.9 CARRIAGE OF CANDIDATES FOR THE U.S. HOUSE OR SENATE Due to the passage of the Honest Leadership and Open Government Act in 2007, the Federal Election Commission (FEC) has promulgated new rules governing the private carriage of candidates for federal office. These rules came into effect on January 6, 2010, introducing further restrictions, and in some cases prohibitions on the carriage of federal candidates. The rules also provide a new method for calculating the reimbursement rate for non-commercial air travel. Reimbursement by candidates is required in order to avoid an in-kind contribution that would exceed permissible limits set by the FEC. These new rules apply only to individuals meeting the FEC definition of a candidate currently running for federal office. Individuals that are not currently candidates for the U.S. House or Senate are not covered by the FEC rules. The U.S. House and Senate have also established additional rules for currently serving members, which are explained in a later section. NBAA MANAGEMENT GUIDE, 2024-01 33 ADMINISTRATION 1.1.9.1 PROHIBITIONS ON PROVISION OF TRAVEL The previous regulations, issued by the FEC in 2003, did not specifically prohibit travel on board non-commercial aircraft by any type of federal candidates. The new regulations, promulgated in 2010, now expressly prohibit travel on non-commercial aircraft by candidates for the U.S. House of Representatives. These candidates, their authorized committees, and their leadership political action committees are prohibited from making any expenditure for non-commercial travel on aircraft, unless the aircraft is either government-operated or owned or leased by the candidate or an immediate family member of the candidate. 1.1.9.2 REIMBURSEMENT RATES Under the 2003 FEC Regulations, federal candidates were required to reimburse providers of non-commercial air travel according to the first-class, coach, or charter rate between two destinations, depending on the availability of the rates. Under the 2010 regulations, the required reimbursement rates for travel on non-commercial aircraft have changed substantially. Candidates for the U.S. Senate, vice presidency or presidency are required to reimburse the provider of air transportation for the candidate’s pro rata share of the normal and usual charter rate or rental charge for travel on a comparable aircraft of comparable size. The normal and usual charter rate or rental charge is the amount it would cost to charter or rent a comparable aircraft of comparable size for the given distance or time flown. In most cases, this is calculated by contacting charter operators and obtaining the price for the trip conducted by the candidate in a comparable aircraft operated by the air carrier. A comparable aircraft is an aircraft that has similar physical dimensions and amenities to the aircraft actually flown and is capable of carrying a similar number of passengers. Under the 2010 regulations, federal candidates are not required to include government-mandated security personnel when determining the comparable size of the aircraft. Also, media and security personnel may reimburse the service provider directly instead of reimbursing the candidate as was previously required. 1.1.9.3 RECORD-KEEPING REQUIREMENTS The 2010 regulations require federal candidates to maintain and report certain records pertaining to non-commercial air travel. For example, candidates must file reports with the FEC stating the name of the flight provider, aircraft information and a list of all passengers. Records on the publicly available charter rate used to determine the reimbursement amount must be reported and available to the public within seven days of the candidate’s actual travel. 1.1.9.4 GOVERNMENT-OWNED AND CANDIDATE-OWNED AIRCRAFT EXCEPTIONS Exceptions to these regulations exist for both government and candidate-owned aircraft. Questions about these exceptions should be directed to NBAA’s Operations Service Group at (202) 783-9250 or info@nbaa.org. 1.1.9.5 CARRIAGE OF MEMBERS CURRENTLY SERVING IN THE U.S. HOUSE OR SENATE Members currently serving in either the U.S. House or Senate must follow the ethics rules set by their respective chambers when traveling on board non-commercial aircraft. For House members participating in privately sponsored, officially connected travel, the gift rule prohibits travel on a non-commercial, private or chartered flight, unless exceptional circumstances are demonstrated. In addition, the House Code of Official Conduct prohibits members from using personal, official or campaign funds to pay for or reimburse the expenses of a flight on any aircraft unless one of the exceptions to the rule is met. The major exceptions are for travel on commercially scheduled flights and flights provided by individuals or companies operating a charter service. However, the use of personal, official, or campaign funds to pay for a flight on a non-commercial aircraft is generally prohibited. Unlike House members, U.S. senators are not expressly prohibited from utilizing non-commercial aircraft. Under Senate rules, senators traveling on board non-commercial aircraft must provide reimbursement at the normal charter rate or rental charge for a similar aircraft. NBAA MANAGEMENT GUIDE, 2024-01 34 ADMINISTRATION There are a number of exceptions and complex scenarios covered in the House and Senate rules that cannot be adequately discussed here. NBAA members considering transporting U.S. House members or senators are urged to review the rules in detail with qualified advisors. 1.1.9.6 FAA REGULATIONS, AND STATE LOCAL LAWS In addition to the FEC Rules, candidates and operators must satisfy the regulations of the Federal Aviation Administration (FAA) and any applicable state or local laws. The Federal Aviation Regulations (FARs) allow operators of non-commercial aircraft to carry federal candidates under FAR 91.321 so long as the service provider does not hold an air carrier certificate. The FAA requires that the reimbursement provided by the candidate does not exceed the rates required by the FEC regulations. Unlike federal candidates, state and local candidates are governed by state and local laws, not FEC regulations. For this reason, it is recommended to consult appropriate counsel before providing or accepting non-commercial air travel in connection with state and local elections. 1.1.10 BUSINESS AIRCRAFT ALLOWANCES 1.1.10.1 THE INTERNAL REVENUE SERVICE AND EXCISE TAXES Any operation of an aircraft within the United States is subject to any variety of taxes. If an operation is considered non-commercial for Internal Revenue Service (IRS) purposes, the operation is subject to fuel taxes. Commercial operations, as defined by the IRS, are subject to the transportation of persons tax, the transportation of property tax, and/or the international head tax. If an operation is considered commercial for tax purposes, the operator is entitled to a refund of all fuel taxes paid on aviation fuel (excluding the Leaking Underground Storage Tank tax and the Deficit Reduction tax), since the commercial excise taxes and the noncommercial fuel taxes are mutually exclusive. (IRC 4261) When determining what operations are commercial and noncommercial, it must be noted that the Federal Aviation Administration (FAA) and the IRS do not necessarily agree on what constitutes a commercial operator. The FAA defines a commercial operator as a “person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property.” To test whether an operation is for “compensation or hire,” determine if the carriage by air is merely incidental to the person’s other business or is, in itself, a major enterprise for profit. (Management Guide 1.1) The IRS defines a commercial operator as anyone in the “business of transporting persons or property for compensation or hire by air.” [IRC 4041(c)] Although these two definitions sound similar, the FAA allows the noncommercial (Part 91) operator to receive some compensation for flights conducted under Federal Aviation Regulation (FAR) 91.501 Subpart F if the operation is “merely incidental” to the business of the company. These operations include time-sharing, interchange, and demonstration flights. These operations are considered noncommercial to the FAA. However, the IRS does not distinguish between operations that are “merely incidental” and those that are a “major enterprise for profit.” In fact, the IRS has a Revenue Ruling which states that the FAA’s definition of commercial aviation is not determinative in deciding which tax applies. (IRS Revenue Ruling 78-75) Another aspect to consider when determining which tax applies in a situation is who has “possession, command, and control” of the aircraft. The FAA uses the phrase operational control, which translates as the “exercise of authority over initiating, conducting and terminating a flight.” However, the IRS determines who has possession, command, and control by using the following criteria: Who owns the aircraft? Who has control over the aircraft’s personnel? Who pays the operating expenses of the aircraft? Who maintains the liability and risk insurance for the aircraft? (IRS RR 55-215) For more detailed information, see the NBAA Federal Excise Tax Handbook. NBAA MANAGEMENT GUIDE, 2024-01 35 ADMINISTRATION 1.1.10.2 NON-BUSINESS USE OF EMPLOYER-PROVIDED AIRCRAFT From time to time, a company’s aviation department will be asked to fly employees for reasons not related to the business of the company. The chief executive officer may request the aircraft for a personal trip, or an employee may hitch a ride on a flight already planned to a certain location. Both of these are examples of personal use of an employer-provided aircraft. NBAA has guidance on this use of the aircraft via its Tax Issues website at www.nbaa.org/taxes. There are potentially SEC and FAA considerations as well, particularly with regard to reimbursing the company for personal flights. Under IRS regulations (Title 26 of the Code of Federal Register or CFR), such transportation may be taxable to the employee. The applicable sections are Section 1.61-21T of the IRS regulations, which apply between 1985 and 1988, and Section 1.61- 21(g) of the IRS regulations, which apply after January 1, 1989. These regulations are complex and require the aviation department manager to consult with the company’s legal, tax and accounting departments or consultants. The fundamentals underlying the IRS regulations are stated below. When flying on a company-provided aircraft for a personal reason, the employee has received a service of value. The “fair market value” of the service can be determined. A receipt of the service constitutes additional compensation as an employer-provided fringe benefit subject to income and employment taxes. The regulations include rules to determine when transportation is taxable and how its fair market value is determined. 1.1.10.2.1 When Flights are Taxable The fair market value of a family member or guest’s transportation is considered additional income to the employee. The regulations generally do not distinguish between personal use and empty-seat transportation. An exception is found in the seating capacity rule, which states that if 50 percent or more of the regular passenger seating capacity of the aircraft on that flight is used for business reasons, then any remaining seats used by employees, spouses and children traveling for nonbusiness reasons can be considered to have a valuation of zero. For the purpose of computing the number of passenger seats, the following seats cannot be counted: (1) flight crew seats and (2) seats that cannot be used legally during a takeoff and will not at any time be used during takeoff. However, the regulations further state that the regular passenger seating capacity of an aircraft is the maximum number of passenger seats that have at any time been on the aircraft (while owned or leased by the employer). A company can reduce or increase the seating capacity of an aircraft permanently. However, if the company then restores some seats within 24 months, the IRS will ignore the reduction in seating capacity. The regulation applies to the following individuals: An employee A person formerly employed by the employer Any partner who performs services for a partnership An employee’s spouse An employee’s dependent children A retired employee An employee separated from service due to a disability Surviving spouse of a retired employee Surviving spouse of an employee separated from service due to a disability An individual who is less than two years of age An employee guest who is not categorized above may not be valued at zero. The guest may be valued as if they is a non-control employee, even if the employee who brings the guest is a control employee. (The terms control employee and non-control employee are defined below.) NBAA MANAGEMENT GUIDE, 2024-01 36 ADMINISTRATION 1.1.10.2.2 Types of Employees Under the IRS regulations, employees are divided into two types: control and non-control. An explanation of each follows: 1.1.10.2.2.1 1. Control Employees A control employee is defined as: A board, or shareholder appointed, confirmed, or elected officer of the employer, limited to 1 percent of all employees or 10 employees (whichever is less), not including an employee whose compensation is less than $50,000 An employee whose compensation, as reported on the employee’s W-2 Form for the prior calendar year, equals or exceeds the compensation of the top 1 percent of the most highly paid employees, limited to a maximum of 50 employees, but does not include an employee whose compensation is less than $50,000 An employee who owns a 5 percent or greater equity, capital or profit interest in the employer A person who is a director of the employer A control employee also may be a former control employee who performed one of the following actions: Left the company within the past three years Left the company after reaching age 55 Had compensation that was not less than $50,000 1.1.10.2.2.2 2. Non-Control Employees Non-control employees are those who do not meet the definition of a control employee. Different definitions apply when the employer is a government employer. 1.1.10.2.3 How Flights are Valued The value of a flight deemed taxable under the regulations can be computed two ways. The first method, according to IRS regulations, is by reference to how much it would cost a hypothetical person to charter the same or comparable aircraft for the same or comparable flight. The cost to charter the aircraft must be allocated among all employees on board the aircraft based on all the facts and circumstances. This method of valuation is known as charter rate valuation or fair market value. In many cases, this method will result in the higher of the two valuation methods allowed. The second and more common method is known as the noncommercial flight valuation rule, or SIFL (Standard Industry Fair Level) rule, and involves use of a mileage based computation. This formula is a sliding scale of multipliers based on the maximum gross takeoff weight of the aircraft and the type of employee. The following table lists the relevant aircraft weights and their applicable aircraft multiple. Aircraft Maximum Certified Takeoff Weight Aircraft Multiples Control Employee Non- Control Employee 6,000 pounds or less 62.5 15.6 6,001 to 10,000 pounds 125 23.4 10,001 to 25,000 pounds 300 31.3 25,001 pounds or more 400 31.3 Other special considerations include the SIFL rates, which represent an airline industry statistic maintained by the DOT. SIFL rates include specific cost-per-mile rates for three different ranges of statute mileage and a fixed terminal charge. The SIFL rate changes every six months. NBAA MANAGEMENT GUIDE, 2024-01 37 ADMINISTRATION Proper use of this special rule precludes the IRS, at some time in the future (usually at audit), from questioning the means by which the value of nonbusiness use of an employer provided aircraft is derived. This safeguard is not involved when the charter valuation method is used and thus, in many cases, provides substantial benefit over the charter method. However, if the IRS determines that the special rule was improperly used, the taxpayer loses the ability to use the special rule to compute the value of a flight and may instead be forced to use the charter valuation method. 1.1.10.2.4 Consistency Rules As stated above, use of the special rule for determining the value of taxable transportation is subject to certain restrictions. The regulations state that the special rule cannot be used to value a flight under either of the following circumstances: A person who claims to be a control employee is not recognized as a control employee by another control employee or the employer The aircraft’s weight class is higher than what had been originally claimed The same is true regarding use of the seating capacity rule. If a determination regarding the transportation of a control or a noncontrol employee made under the rule is later found to be in error, it subsequently may not be used to value the flight in question. The regulations maintain that if an employer or employee determines that a flight is not taxable by virtue of having a business purpose and such determination is later found to be in error, the employee may not value the transportation through use of the special rule. Under the regulations, once a taxpayer is found to have lost the ability to use the special rule to value the taxable transportation, the taxpayer may be forced to use the charter valuation method. Finally, the regulations provide that only one valuation method, charter or special rule, may be used to value taxable transportation during a taxable year. 1.1.10.2.5 Bona Fide Security Concerns Section 1.132-5(m) of the IRS regulations maintains that a bona fide business oriented security concern must be demonstrated in order for the employee to realize a reduced valuation for the employee’s transportation. The following factors should be considered when demonstrating the existence of such a concern to the satisfaction of the IRS: Death threats Threats of kidnappings or serious bodily harm A history of violent terrorist activity in the relevant geographic area However, the regulations also state that no bona fide business-oriented security concern will be deemed to exist unless the employee’s employer establishes an overall security program with respect to the employee involved. An overall security program is one in which security is provided to protect the employee on a 24-hour basis. The regulations do provide that if a business oriented security concern exists with respect to an employee, such concern exists with respect to the spouse and dependents of the employee as well. When an employee’s spouse and dependents fly on board the same aircraft as the employee for bona fide business-oriented security reasons, the requirements for a security program are considered to be satisfied independently with respect to the spouse and dependents of an employee. Under the safe harbor rule, if, for a bona fide business oriented security concern, the employer requires that an employee travel on an employer provided aircraft for a personal trip, the employer and the employee may exclude the excess value of the aircraft trip over the safe harbor airfare from the employee’s gross income. The value of the safe harbor airfare is determined under the noncommercial flight special valuation rule by multiplying the applicable cost-per-mile rates and the number of miles in the flight by an aircraft multiple of 200 percent and then adding the applicable Terminal charge. NBAA MANAGEMENT GUIDE, 2024-01 38 ADMINISTRATION 1.1.10.2.6 Reimbursement for Personal Flights The FAA generally prohibits aircraft operators from seeking reimbursements for the costs associated with flights conducted under 14 CFR Part 91. Certain exceptions to this general prohibition are found in 14 CFR § 91.501 and include provisions such as timesharing agreements (91.501(c)(1), demonstration flights (91.501(b)(3), and charge backs for trips that are within the scope of and incidental to the business of the company (91.501(b)(5). Generally, flights that are personal in nature are not within the scope of the business of the company operating the aircraft and, therefore, the FAA prohibits reimbursement under 14 CFR 91.501(b)(5). However, a 2010 FAA chief counsel interpretation that was issued at NBAA’s request provides an exception under which it may be permissible for an employee to reimburse the company for costs associated with certain personal flights provided the following conditions are met: The company’s governing body (e.g., its board of directors) takes action naming the key executive(s) whose travel plans are routinely changed within a short time by the company for business reasons due to his or her position in the company. The company maintains a list of these executive(s) and, upon request, makes the list available to the FAA for inspection. The company keeps records documenting its determination that the executive was traveling on a “routine personal” flight, such as a vacation. 1.1.10.2.7 SEC Considerations for Public Companies The Securities and Exchange Commission (SEC) requires all public companies to report the value of perquisites provided to named executive officers (NEOs), which generally include the Accountable Executive, CFO and the company’s three most highly compensated executives. When a business aircraft is used by an NEO, family member or guest for a non-business purpose, it is generally considered a perquisite or “perk” that must be reported on the public company’s SEC disclosures. Use of the aircraft must be integrally and directly related to performance of the NEO’s job responsibilities to qualify as business use for SEC purposes. When a company reports use of a business aircraft as a perquisite, it is done in the executive compensation section of the company’s proxy statement. Companies are required to report the aggregate incremental costs (AIC) as the actual costs to provide the perquisite, which are above and beyond normal cost of providing business transportation. The primary SEC objective is to provide clear information to investors on the value of the perquisite, so companies should describe the method used to determine AIC. Generally, the AIC should include variable/direct costs in connection with operating the specific non-business flight. Fixed operating costs that do not vary based on aircraft usage are generally not included in the AIC calculation. 1.1.10.3 ENTERTAINMENT DEDUCTION DISALLOWANCE FOR CERTAIN PERSONAL FLIGHTS Prior to the Oct. 23, 2004, effective date of the American Jobs Creation Act of 2004 (the “Jobs Act”), the entertainment disallowance under Internal Revenue Code § 274(a) did not prevent the deduction of the cost of personal flights provided to employees, because such flights fell within the exception in § 274(e)(2) for costs incurred to provide compensation. The Jobs Act modified the compensation exception in § 274(e)(2), (9) to the entertainment disallowance rules to provide that the exception is not available to “specified individuals” (except to the extent of the amount of the taxable fringe benefit reported to the specified individual). For example, suppose a flight is provided to a specified individual to go on vacation and the employer reports the value under the SIFL rate method of $1,000 to the specified individual as a taxable fringe benefit on Form W-2. Suppose further that the employer’s cost of providing the flight is $5,000. The entertainment disallowance would require the employer on its federal income tax to reduce its otherwise allowable deductions for the operation of the aircraft by the difference of $4,000. This has created new requirements for recordkeeping and necessary calculations to determine the deduction disallowance. NBAA MANAGEMENT GUIDE, 2024-01 39 ADMINISTRATION 1.1.10.3.1 Specified Individuals The term “specified individual” is defined as any individual who is subject to § 16(a) of the Securities Exchange Act of 1934 with respect to the company, or any individual who would be subject to it if the company were an issuer of equity securities subject to the Securities Act, IRC § 274(e) (2)(B); Prop. Treas. Reg. § 1.274-9(b). Under these rules, specified individuals generally include officers, directors and 10-percent owners. Officers are defined by reference to securities laws and include the principal financial officer, principal accounting officer or controller, vice presidents in charge of a principal business unit, division or function and any other officer who performs a similar policy-making function. 1.1.10.3.2 Classification of Flights Since the Jobs Act amendment provides that the compensation exception to the entertainment disallowance is not available for flights provided to specified individuals, employers cannot deduct the costs of flights provided as compensation to specified individuals for entertainment purposes. Therefore, employers generally must divide flights into three categories: Business flights Personal non-entertainment flights Entertainment flights 1.1.10.3.3 Allocation of Costs In the past, costs were allocated among flights in proportion to the number of miles or hours of the flight based on the primary purpose of each flight (without allocating costs of a flight among the passengers who may be traveling for different purposes). While the primary purpose method remains generally applicable to a company’s flights, the IRS has issued proposed regulations explaining that to allocate costs to determine the entertainment disallowance, companies must use either the “occupied seat method” or the “flight by flight” method. Under both methods, the calculation may be performed in either hours or miles. The two passenger-by-passenger allocation methods are described in detail in the NBAA Personal Use Handbook, which also contains an example of these calculation methods from the proposed regulations with step-by-step instructions. 1.1.10.3.4 Costs Subject to Entertainment Disallowance The costs subject to the entertainment disallowance calculation include all out-of-pocket expenses of the flights and all costs with respect to the aircraft. These would include fixed and variable costs of operating the aircraft. The proposed regulations list the following examples of expenses subject to the disallowance: salaries for pilots, maintenance personnel and other personnel assigned to the aircraft; meal and lodging expenses for the flight personnel; takeoff and landing fees; costs for maintenance flights; costs of on-board refreshments, amenities and gifts; hangar fees (at home or away); management fees; costs of fuel, tires, maintenance, insurance, registration, certification of title, inspection and depreciation; and all costs paid or incurred for aircraft leased or chartered to or by the taxpayer. 1.1.10.4 STATE AVIATION TAXES State and local governments generate significant revenue from business aviation by imposing a number of different kinds of taxes on aviation assets and operations. These taxes may include income or franchise taxes, sales and use taxes, property taxes and registration fees, employment taxes and unemployment taxes, taxes on fuel and parts, service taxes and other excise taxes. 1.1.10.4.1 State Tax Planning Planning for state and local taxes in the business aviation arena raises special challenges, and failure to adequately plan for state taxes can be extremely costly for business aircraft owners and operators. NBAA MANAGEMENT GUIDE, 2024-01 40 ADMINISTRATION NBAA’s website contains a number of resources describing state and local taxes and articles discussing general state tax issues as well as issues unique to individual states. In particular, the Association’s online State Aviation Tax Report summarizes information for each state with respect to the following issues: Sales and use tax rates and exemptions Fuel tax rates and exemptions for jet fuel and aviation gasoline Aircraft registration fees Personal property tax Updated annually, the report is provided in summary format and includes references to state laws and regulations under which such taxes are promulgated. Since NBAA’s tax references are necessarily general in nature, they are no substitute for the advice of legal and tax advisors addressing a specific set of facts and circumstances. 1.1.10.5 TAX LAW CHANGES FAA, IRS, and SEC laws can change from time to time. It is the responsibility of the flight department personnel to work with the tax, legal, and accounting departments when there are changes to make sure that changes that affect the flight department are articulated and processes are updated. Tax reform in late 2017 provides an example of how the laws change. The changes include: 100% Expensing (Bonus Depreciation) Like Kind Exchanges (1031) Prohibition on Deduction of Commuting Expenses Disallowance of Directly Related Business Entertainment flights Repeal of Employee Business Expense Deduction FET for Part 91 Management Companies The NBAA and its Tax Committee post articles and explanations for changes and how they would affect a flight department. Please reference https://www.nbaa.org/admin/taxes/ to keep track of the latest changes in tax laws that affect flight departments. 1.1.11 AIRCRAFT RESOURCING OPTIONS The flight department manager/chief pilot (FDM/CP) is not just a manager of the company aircraft, although that is one of the most important parts of the management function. As managers of on-demand transportation resourcing, FDMs/ CPs must provide the most effective and efficient transportation mode to meet the mission of the flight department and the company. 1.1.11.1 EVALUATING TRANSPORTATION MODES The company aircraft may not always be the most effective or efficient means of meeting the aviation department’s transportation mission. Various forms of alternative transportation may better meet particular facets of each mission. The FDM/CP must be able to evaluate alternative transportation modes and justify using, or not using any of these modes, including the company aircraft, to company management. The aircraft resourcing options available to companies can be categorized and defined in six ways: Whole Aircraft In-House Flight Department – An entity being the only registered owner of an aircraft and utilizing an in-house flight department Whole Aircraft Management Company – An entity being the only registered owner of an aircraft and utilizing a management company Joint Ownership (In-House Flight Department) – Two or more entities are registered owners of an aircraft and one of the owners operates the aircraft for all owners Co-Ownership (Management Company) – Two or more entities are registered owners of an aircraft and use a management company to manage the aircraft for all owners Fractional Ownership – Several entities are registered owners of an aircraft, hire a management company to manage the aircraft and allow the management company to exchange this aircraft among their fleet of aircraft Charter – A company that provides aircraft and crew to the general-public for compensation or hire (profit) NBAA MANAGEMENT GUIDE, 2024-01 41 ADMINISTRATION 1.1.11.2 SUPPLEMENTAL LIFT The most common supplemental transportation providers include charter and fractional ownership programs. Although supplemental lift providers may appear to be more expensive per hour or per mile, they may provide a more effective and efficient means of meeting certain transportation objectives. The FDM/CP should be able to provide careful and reasoned answers to company management regarding any of these transportation options. In addition to the financial implications, the FDM/CP should consider the effect these options may have on the following areas: Industrial security Confidentiality Control of schedule, crew training, crew qualifications and maintenance For more information on the pros and cons of various transportation options see Figure 1.14. There are times when a company’s own aircraft will be down for maintenance, is flying other scheduled trips or is impractical for a given trip’s requirements. During these times, it is likely that a company still has a need for business aviation to transport people or property because of the flexibility it provides. In these cases, supplemental lift can fill the gap to cover the transportation. This section provides an overview of supplemental lift options, including: Aircraft charter Block charter and jet-card programs Fractional ownership Interchange agreement 1.1.11.3 PURCHASE/LEASE AIRCRAFT WITH IN-HOUSE/ INTERNAL MANAGEMENT OF THE OPERATION Listed below are some advantages and challenges encountered with this management method: 1.1.11.3.0.1 Advantages: Total operational control and flexibility (when operating aircraft with a seating capacity of less than 20 and payload less than 6,000 lbs., the ability to operate under FAR Part 91 Regulations) Direct contact/relationship with internal customer, increasing service initiatives Direct extension of corporate culture Economies of scale with existing flight department Cross utilization of maintenance and flight crew with corporate fleet Increased quality of life and productivity initiatives Control of “door-to-door” service package (parking, flight and ground transportation) Ability to add or delete shuttle destinations quickly (easily adaptable to change) Feedback/suggestions can be acted upon Utilizes company flight crews and maintenance (company employees) Less reliance on outside factory programs (power-by- hour, avionics-by-hour, etc.) with in-house maintenance 1.1.11.3.0.2 Challenges: Initial capital expenditure Responsibility for internal structure requirements for operational management Sole accountability for risk and liability concerns Required to set up a flight department to be operated by the corporation (if the flight department is not pre-existing), resulting in increased personnel for corporation Requires greater attention to aircraft operating procedures NBAA MANAGEMENT GUIDE, 2024-01 42 ADMINISTRATION 1.1.11.4 PURCHASE/LEASE OF AIRCRAFT WITH OUTSOURCED MANAGEMENT OF THE OPERATION Listed below are some advantages and challenges encountered with this management method: 1.1.11.4.0.1 Advantages: Ability to operate services using outsourced firm’s certificate Certificate owner is in operational control Utilization of other operating agreements is established, i.e., fueling, line service and maintenance contracts It is a core competency for the management company and enables quick startup No administrative/personnel burden Economies of scale Procedures and systems are in place and operational Flight operations are owned by the management firm and business operations are owned by the corporation 1.1.11.4.0.2 Challenges: Initial capital expenditure Responsibility for internal structure requirements for operational management Lack of direct link to the FAA Reduced operational control and flexibility Lack of visibility and involvement in agreements Potential for misalignment in corporate cultures Co-employment issues Indirect contact/relationship with internal customer decreases service initiatives Adaptability to existing business model Flight and business contract structure needs to be aligned with clear boundaries Contracts are structured to avoid one-way cost accountability Shared accountability for risk and liability concerns Risk an increase in overall company-negotiated airline fares, depleting volume discounts 1.1.11.5 INTERCHANGE AGREEMENTS Interchange agreements allow two aircraft-owning persons to exchange use of their aircraft. The exchange must be made on an hour-for-hour basis. However, if there are dissimilarities in aircraft types and use that could cause a cost differential, the difference in cost can be made up with limited compensation. For example, if an operator of Aircraft A entered into an interchange agreement with an operator of the superior Aircraft B, the Aircraft A operator could use Aircraft B for a specified number of hours. The Aircraft B operator would be permitted to use Aircraft A for the same number of hours. However, the Aircraft A operator would be permitted to pay the difference between the costs of owning, operating and maintaining Aircraft A and Aircraft B, since Aircraft B costs more to own, operate and maintain than Aircraft A. It is not acceptable for the Aircraft B operator to fly two hours in Aircraft A for every one hour that the Aircraft A owner flies in Aircraft B to make up the differential. The number of hours, costs of owning, operating and maintaining, and duration of the agreement should be agreed upon in advance and stated in the lease. Interchange agreements are defined in 14 CFR Part 91 and are permitted between Part 91 operators. These agreements are one limited exception to the FAA restriction that prohibits Part 91 operators from accepting compensation for flights. Subpart F applies only to airplanes that are: U.S.-registered and large (greater than 12,500 lbs. maximum certificated takeoff weight) or Turbojet-powered (not turboprop or piston-powered) and multiengine (at least two engines) or Fractional aircraft (regardless of size). Other U.S.-registered aircraft that do not meet these criteria may apply for an exemption to these regulations or take advantage of NBAA’s Small Aircraft Exemption, for which more information is available on the NBAA website at www.nbaa.org/exemption. NBAA MANAGEMENT GUIDE, 2024-01 43 ADMINISTRATION 1.1.11.6 TIME SHARING, INTERCHANGE AND JOINT OWNERSHIP Non-commercial business aircraft operations are governed by FAR Part 91. The aviation department should be thoroughly familiar with the regulations. Of particular importance is FAR Part 91.501, Subpart F, which prescribes operating rules for large and turbojet-powered multi-engine airplanes. This regulation also specifies in greater detail how turbojet and large business aircraft may be used. In general, the regulation covers all normal corporate aircraft operations provided that no charge, assessment, or fee is made for transportation in excess of the cost of owning, operating and maintaining the aircraft. As long as aircraft use is within the corporate structure, the corporation may charge its legally constituted subsidiaries/divisions/affiliates for use of the aircraft. Additional operational requirements are imposed under Subpart F. NBAA has been granted an FAA exemption that permits its member companies that operate aircraft weighing less than 12,500 pounds to be able to operate under Subpart F on a voluntary basis. Under the exemption, time-sharing and interchange agreements only are valid between members of NBAA. For more information on NBAA’s Small Aircraft Exemption, including instructions for submitting the required Notice of Joinder to the Federal Docket, visit www.nbaa.org/exemption. A company that enters into one of these agreements should discuss the agreement with its insurance carriers to ensure that appropriate and adequate coverage is included. A discussion with qualified aviation counsel also should be included to ensure that the agreement meets all the FAA’s requirements. 1.1.11.7 TIME-SHARING Time-sharing (FAR 91.501(c)(1)), allows the owner to wet lease their aircraft (i.e., lease an aircraft with crew) while limiting cost recovery to a stipulated per flight list of costs items, according to FAR Section 91.501(d). In addition, leases under time-sharing agreements are subject to the mandates of the FAR Section 91.23 “truth-in-leasing clause requirement in leases and conditional sales contracts.” A written agreement or lease must be mailed to the FAA within 24 hours of execution. In addition, the operator must notify the local Flight Standards District Office (FSDO) 48 hours prior to the first flight. The FAA requirements that a copy of the agreement is carried on board the aircraft. While the FAA considers time-sharing a noncommercial operation, the IRS disagrees and views time-sharing as a commercial operation with tax consequences. A company considering time-sharing should consult with its tax department or consultant and perform a thorough analysis of the tax liabilities. Companies considering this practice should perform a careful cost-per-mile computation and compare those costs with what can be recovered. 1.1.11.8 INTERCHANGE Interchange agreements allow two aircraft-owning companies to exchange use of their aircraft, according to FAR Section 91.501(c)(2). The exchange must be made on an hour-for-hour basis. However, if there are dissimilarities in aircraft types and use that could cause a cost differential, the difference in cost can be made up with limited compensation (FAA Council opinion, August 17, 1990). Leases under interchange also are subject to the mandates of the FAR Section 91.23 “truth-in-leasing clause requirement in leases and conditional sales contracts.” Interchange and time-sharing appear to be similar in most situations. The choice between the two depends upon whether (1) the other party has a suitable aircraft and (2) an exchange of time for time is acceptable to both parties, with only an allowance for the difference in expenses between the two aircraft. Again, as in time-sharing, interchange agreements are considered commercial for tax purposes. 1.1.11.9 JOINT OWNERSHIP Under joint ownership, which is under FAR Section 91.501(c)(3), two or more companies are permitted to jointly own and use an aircraft under mutual agreements and share the cost of the flight crew. NBAA MANAGEMENT GUIDE, 2024-01 44 ADMINISTRATION Each of the parties to a joint ownership agreement must appear as a registered owner on the FAA certificate of registration. The charges paid by each of the parties are to be set forth in the agreement. A true joint ownership is considered noncommercial for tax purposes. 1.1.12 AIRCRAFT CHARTER Charter operators fly when and where a company wants to go, and can meet a company’s particular preferences or needs. Generally, with a few exceptions, a person or company providing air transportation of persons or property for compensation or hire must become certificated as an operator under Part 119 of the Federal Aviation Regulations (FARs). Once certificated under Part 119, the charter operator flies under strict regulations (like those found in Part 135 or Part 121 of the FARs) that dictate operational requirements. After being certificated, these charter operators may advertise that they provide transportation for hire. The FAA considers an operator advertising to the public as one that “holds itself out” to a segment of the public, as one that is willing to furnish transportation within the limits of its facilities to any person who wants it. What does this mean? Since the FAA recognizes that air charter operators have a responsibility to provide air transportation with the highest degree of safety possible, it has a certification process that is designed to ensure that certificate holders understand and, more importantly, fulfill this duty. Not just anyone can buy an airplane and start charging people to fly them from point A to point B. Charter operators undergo a lengthy certification process, which can take several years. The FAA approves the company leadership and the operating manuals, oversees the training programs and issues operation specifications that regulate the charter operator. The FARs also address crew rest and physical examinations, and mandate a stringent anti-drug program for operators. The FAA closely monitors charter operators to make sure that they conform to the established standards of performance. A charter flight usually costs a flat rate per hour. If a reposition flight is required to get the aircraft to a location, it may be an additional cost. Depending on operator and type of trip, other additional fees might also be charged, such as: Wait time on the ground Hotel accommodations and meal expenses should the crew need to overnight Catering International fees for customs or inspections Fuel surcharges Landing fees Ramp fees Commercial air transportation charges are subject to federal excise taxes. 1.1.12.0.0.1 Operational Control The FAA defines operational control in the following way: “‘Operational control,’ with respect to a flight, means the exercise of authority over initiating, conducting or terminating a flight.” Aircraft owners flying aboard aircraft they own or lease exercise full control over and bear full responsibility for the airworthiness and operation of their aircraft. Under these circumstances, the FAA has determined that the appropriate level of oversight is provided by the regulations in Part 91, which generally are less stringent than those of Part 135. In this case, the owner has operational control and is fully responsible. Passengers on a charter flight have surrendered operational control to the operator. Passengers may tell the operator when and where to go, but they exercise no control over and bear no responsibility for the airworthiness or operation of the aircraft on which they fly. The charter operator exercises control of the operation and bears responsibility for compliance with the regulations. Because the charter operator is a commercial enterprise in the business of air transportation to the public, the FAA imposes on the air carrier stringent regulations and oversight under Part 135. NBAA MANAGEMENT GUIDE, 2024-01 45 ADMINISTRATION 1.1.12.1 FINDING AND EVALUATING A CHARTER OPERATOR NBAA publishes an Aircraft Charter Consumer Guide to assist companies seeking a supplemental lift option. Included in the guide is an overview of regulatory requirements and consumer considerations, pre-screening questions consumers should ask and a standard request for proposals (RFP) form for use in obtaining charter quotes for specific flights. NBAA’s Aircraft Charter Consumer Guide addresses: Determining the mission of the charter flight The role of air charter brokers How to find an air charter operator Selecting a charter operator Safety and security Operational considerations Knowing the charter operator Insurance requirements and recommendations Price considerations 1.1.12.2 BLOCK CHARTER AND JET CARDS Both charter operators and fractional ownership programs have offered customers the ability to purchase block charter packages. These block charter programs recently have been marketed as “jet cards” or “fleet membership programs.” These programs may be a viable solution for operators who need to charter an aircraft often and want to have an airplane (or fleet of aircraft) available but don’t want to participate in a fractional program, because it does not make sense from their mission profile or financial perspective. These programs allow customers to purchase a defined number of flight hours. The customer has a finite number of hours available to them that gets reduced every time they use their “card.” Flight time is typically sold in 25-hour and 50-hour blocks. Flights are flown under the appropriate air carrier FARs, which for business aircraft is typically FAR Part 135. 1.1.12.2.1 FRACTIONAL OWNERSHIP Fractional ownership programs offer shared aircraft ownership and provide for the management of the aircraft by an aircraft management company. Aircraft owners participating in the program agree to share their aircraft with others having an ownership interest in the aircraft, as well as to lease their aircraft, through a dry lease exchange program, to other owners in the fractional program who do not have an interest in that specific aircraft. The aircraft owners use the common management company to maintain the aircraft and administer the leasing of the aircraft among the owners. On September 17, 2004, the FAA’s final rule “Regulation of Fractional Aircraft Ownership Programs and On-Demand Operations” was published. This rule established a new Subpart K in Part 91 to cover fractional ownership operations. The new Subpart K clarifies what qualifies as a fractional ownership program, clarifies who has operational control, defines operational control responsibilities, codifies many of the “best practices” now being used voluntarily in fractional ownership programs and incorporates many of the safety standards of Part 135. In brief, Subpart K accomplishes the following: It establishes the criteria for qualifying as a fractional ownership program. It establishes that fractional owners and the management company share operational control of the aircraft and delineates operational control responsibilities. It establishes regulatory safety standards for operations under fractional ownership programs, including management operations, maintenance, training, crew member flight and duty requirements, and others. NBAA MANAGEMENT GUIDE, 2024-01 46 ADMINISTRATION 1.1.12.2.2 What is a Fractional Ownership Program? A fractional ownership program means any system of aircraft ownership and exchange that consists of all the following elements: The provision for fractional ownership program management services by a single fractional ownership program manager on behalf of the fractional owners Two or more airworthy aircraft One or more fractional owners per program aircraft, with at least one program aircraft having more than one owner Possession of at least a minimum fractional ownership interest in one or more program aircraft by each fractional owner A dry-lease aircraft exchange arrangement among all the fractional owners Multi-year program agreements covering the fractional ownership, fractional ownership program management services and dry-lease aircraft exchange aspects of the program Fractional owners buy a part, or share, of an aircraft. A share is contractually defined and allows an undivided interest of a single aircraft to be sold to multiple owners. Most owners purchase one-quarter of an aircraft, though regulations allow a fractional ownership interest of as little as one sixteenth. Typical contract terms for fractional programs are five years. Participating in a fractional program will require companies to sign a multi-year program agreement, and, in addition to several other documents, a dry lease aircraft exchange agreement and a purchase agreement. Though a fractional owner has purchased an aircraft, it may not necessarily be flying on that specific airplane. An appealing aspect of the fractional programs is that they are usually able to provide an aircraft within four hours of when requested. If a specific airplane is not available, the aircraft provided will be virtually identical to the one owned. In addition to the initial acquisition cost, fractional owners will pay a monthly management fee and an occupied hourly fee for each hour flown. The monthly management fee and the occupied hourly fee generally are adjusted annually based on the Consumer Price Index. Additionally, owners may pay a fuel variable and certain charges are subject to federal excise tax, Additional fees may be applied when traveling outside the continental United States. Fractional providers often include stock items for catering but will charge extra for nonstandard or custom requests. 1.1.12.2.2.1 Operational Control Subpart K of Part 91 regulates who has operational control in a fractional program. When the aircraft is operated under Part 91, Subpart K, each owner in operational control of a program flight is ultimately responsible for safe operations and for complying with all applicable requirements of the aviation regulations, including those related to airworthiness and operations in connection with the flight. Each owner may delegate some or all of the performance of the tasks associated with carrying out this responsibility to the program manager, and may rely on the program manager for aviation expertise and program management services. When the owner delegates performance of tasks to the program manager or relies on the program manager’s expertise, the owner and the program manager are jointly and individually responsible for compliance. An owner is in operational control of a program flight when the owner: Has the rights and is subject to the limitations set forth in regulations under Subpart K of Part 91 Has directed that a program aircraft carry passengers or property designated by that owner The aircraft is carrying those passengers or property An owner is not in operational control of a flight in the following circumstances: A program aircraft is used for a flight for administrative purposes such as demonstration, positioning, ferrying, maintenance or crew training, and no passengers or property designated by such owner are being carried. The aircraft being used for the flight is being operated under Part 121 or 135 of the FARs. NBAA MANAGEMENT GUIDE, 2024-01 47 ADMINISTRATION Fractional aircraft programs that also have a Part 135 air carrier certificate may allow owners to elect for their flights to be operated by the fractional program under Part 135. In such cases, the fractional program has operational control and the fractional share owner is no longer responsible for safe operations and for complying with all applicable requirements of the aviation regulations. 1.1.12.3 CORPORATE AIR SHUTTLE CONSIDERATIONS Through effective execution, corporate shuttles can realize financial savings, productivity gains and considerable increases in quality-of-life initiatives. A vital step in initial shuttle analysis is to take a detailed look at the company’s travel volume and trends. A partnership with the commercial travel provider is vital to accumulating the necessary data, and it is also through the travel provider that overall company airline contractual information exists (i.e., negotiated fares, present and future market coverage of the airlines). It is important to understand and take into consideration the potential for an increase in company negotiated airline fares. The volume that is depleted from target markets by the operation of shuttles may underscore contractual segment minimums. For many, the increase in air traffic coupled with a drastic deterioration of service are real costs that are adding up for companies exponentially. Such costs include missed and canceled meetings, additional hotel and meal costs, unproductive time waiting in terminals, key employees not traveling when they should, and key employees enduring stress and fatigue when they do travel. Types of data that substantiate the development of corporate shuttles include: Total segment volume in target markets Scatter of the segments (seasonal/quarterly, monthly, daily and time of day) Ticket fare of target market Airline delay and cancellation numbers Ground transportation costs Anecdotal evidence from travelers and surveys Hotel charges (such as if airline travel requires an overnight stay) Merger/acquisition of/with another corporation, which would require frequent travel after amalgamation Once volume is substantiated, various management methods to provide scheduled service exist. The remainder of this section lists the methods used by NBAA members operating shuttles. 1.1.12.4 CONTRACTS WITH COMMUTER/COMMERCIAL AIRLINES Listed below are some advantages and challenges encountered with this management method. 1.1.12.4.0.1 Advantages: Companies that outsource this type of operation use the aircraft and crews from a Part 121 operator. This option allows for a “trial” period without capital outlay; contracts can be established for as little as six months. This short duration also could be utilized as a “proof of concept” tool to further identify potential benefits and actual passenger loads It requires a minimum of capital investment Certificate owner is in operational control Utilization of other operating agreements is established, i.e., fueling, line service and maintenance contracts It is a core competency for the management company 1.1.12.4.0.2 Challenges: Contracts (of short or long duration) to include notice of cancellation requirements and costs Union considerations Cost for changes in unanticipated shuttle schedule adjustments “Force Majeure” contract cancellations, such as due to FAA closures or war, or extreme changes in corporation’s business health Performance goals, such as on-time arrival goals, excluding weather delays NBAA MANAGEMENT GUIDE, 2024-01 48 ADMINISTRATION FIGURE 1.14: NBAA AIRCRAFT RESOURCING OPTIONS ANALYSIS CHARACTERISTICS Whole Aircraft In-House Flight Department Whole Aircraft Management Company Joint Ownership In-House Flight Department Service Quality Highest level of control/service possible Immediate availability likely If aircraft not available, must use charter or airlines Best possible confidentiality/security Maximum control over safety options Potentially excellent; customizable Immediate availability likely If aircraft not available, must use charter or airlines Potentially excellent; customizable Availability requires coordination and planning If aircraft not available, must use charter or airlines Aircraft Administration Owner/lessee maintains total control over and manages aircraft operations Personnel on owner’s payroll; must deal with in-house personnel issues Owner/lessee maintains control over, but delegates management of aircraft operations to management company Personnel not on owner’s payroll Owners/lessees maintain total control over and manage aircraft operations Personnel on owner’s payroll; must deal with in-house personnel issues Crew Quality Consistent; owner-controlled Owner controls training of crew and maintenance personnel Consistent, owner input, crews assignable Owner delegates control of pilot and mechanic training Consistent, owner-controlled Owners control training of crew and maintenance personnel Operating Costs Variable; utilization-dependenton cost of operation at reasonable utilization levels Subject to deadhead/positioning expense Variable; utilization-dependent Annual costs may be higher than an in-house flight department (because of management fee) Subject to deadhead/positioning expense Variable; utilization-dependent Subject to deadhead/positioning expense Cost Offsets There may be a charter option to help offset costs There may be a charter option to help offset costs Possible availability of fleet discounts for fuel, insurance and crew training There may be a charter option to help offset costs Liability Completely liable Shared liability with management company Completely liable Tax Consequences No commercial federal excise tax applicable Noncommercial fuel tax applies Maximum depreciation benefit Maximum depreciation benefit Owners share tax liabilities and benefits No commercial federal excise tax applicable Noncommercial fuel tax applies Capital Commitment Higher capital investment of negotiated acquisition cost Higher capital investment of negotiated acquisition cost Owners share higher capital investment of negotiated acquisition cost Aircraft Acquisition and Disposition Can lease or purchase any aircraft at any price Can select aircraft make/model, interior and exterior Can choose when to upgrade, downgrade or sell Can lease or purchase any aircraft at any price Can select aircraft make/model, interior and exterior Can choose when to upgrade, downgrade or sell Can jointly lease or purchase any aircraft at any price Can jointly select aircraft make/model, interior and exterior Can jointly choose when to upgrade, downgrade or sell NBAA MANAGEMENT GUIDE, 2024-01 49 ADMINISTRATION Co-Ownership Management Company Fractional Ownership Charter Potentially excellent; customizable Availability requires coordination and planning If aircraft not available, must use charter or airlines Potentially excellent; more generic Aircraft availability guaranteed at all times, sourced via owned, fleet or charter aircraft Advanced notice required (four to eight hours) More than one aircraft may be available at the same time, depending on contract terms and/or subject to availability Charter aircraft may be substituted for program aircraft Unable to leave equipment and/or personal belongings onboard aircraft Potentially excellent; more generic Possible inconsistent service vendor to vendor Availability depends on market demand; no guarantee of aircraft availability from any one vendor If aircraft not available, must use other charter vendor or airlines Owners/lessees maintain control over, but delegate management of aircraft operations to management company Personnel not on owner’s payroll Owners maintain control over, but delegate management of aircraft operations to fractional provider (management company) Personnel not on owner’s payroll None, not applicable Personnel not on owner’s payroll Consistent, owner input, crews assignable Owners delegate control of pilot and mechanic training Crew changes likely, rotating from pool May be able to request specific crew or use own crew Owners delegate control of pilot or mechanic training Crew changes likely, rotating from pool No control of pilot or mechanic training Variable; utilization-dependent Annual costs may be higher than joint ownership (because of management fee) Subject to deadhead/positioning expense Fixed on a per-hour basis, based upon flight time plus set ground time per operation used to calculate billed usage charges; hours in excess of contract at high cost All fees (including deadhead and positioning charges) except international handling and customs charges included in overall fee structure Higher costs when compared to other forms of ownership at higher utilization levels, or charter at lower utilization levels Lowest overall cost at minimum usage levels Consistent charges at low utilization rates, subject to negotiated reductions at higher usage levels Subject to ancillary charges; catering, landing, etc. Subject to deadhead/positioning expense There may be a charter option to help offset costs Possible availability of fleet discounts for fuel, insurance and crew training None applicable None applicable Shared liability with management company Shared liability with fractional provider Passenger not necessarily immune from all liability Owners share tax liabilities and benefits Noncommercial federal excise tax (owners pay noncommercial fuel tax instead) as long as owners maintain possession, command and control of the aircraft Owners share depreciation benefit to the share owned Owners share tax liabilities and benefits Federal excise tax liability exposure Owners share depreciation benefit to the share owned Federal excise taxes imposed on charter rate No depreciation tax benefit available as no aircraft are owned Owners share higher capital investment of negotiated acquisition cost Lower capital outlay equal to a percentage of an aircraft share, which may or may not be negotiated No capital commitment Can lease or purchase any aircraft at any price Can jointly select aircraft make/model, interior and exterior Can jointly choose when to upgrade, downgrade, or sell Can lease or purchase Limited to aircraft available via the provider; aircraft purchased may not be aircraft flown No aircraft customization Can choose to upgrade at any time; can choose to down-grade or sell after meeting minimum time requirement or pay penalty A remarketing fee is charged for aircraft disposition May be penalties for early withdrawal from program Lower residual value because of higher hours/cycles; known at purchase None; no ownership This matrix has been developed to apply universally. To best apply to your company, it must be customized to accurately reflect your specific circumstances. NBAA MANAGEMENT GUIDE, 2024-01 50 ADMINISTRATION 1.1.13 FAR PART 135 FOR BUSINESS AIRCRAFT OPERATIONS Some aircraft operators decide to operate under a FAR Part 135 certificate, as opposed to Part 91. Both arrangements have advantages and disadvantages; each operator must weigh its own needs and obligations when making this decision. Generally speaking, it is true that aircraft may be operated under Part 91 with fewer restrictions and regulatory requirements than when operating under Part 135. However, from a risk management perspective, Part 135 exposes the charter customer to the least amount of regulatory and legal liability risk. As a result, it is necessary to understand the key distinctions between operations under Parts 91 and 135 in order to determine how they apply to a particular situation. 1.1.13.1 RISK MANAGEMENT The operator of an aircraft has primary legal liability for injury to persons or property arising from an aircraft accident or incident regardless of whether the operation is conducted under Part 91 or Part 135. The operator is the party exercising authority over initiating, conducting or terminating a flight (“Operational Control”). The operator of the flight has legal liability whether the operator is the actual owner of the aircraft or merely a lessee. An entity that owns an aircraft may operate that aircraft under Part 91 as long as that operation is incidental to its business. That is, the entity must derive at least 51% of its revenue from business that is unrelated to its use of the aircraft. In that situation the entity is exercising Operational Control of the aircraft and as the operator it has liability for its operation of the aircraft. An entity whose sole purpose is to own the aircraft (an “SPE”) may not operate the aircraft without a Part 135 certificate. However, an aircraft may be owned by an SPE and then leased to an individual or business lessee who will then operate the aircraft under Part 91 pursuant to a “dry-lease.” The lessee’s use must be incidental to the lessee’s business. The dry-lease is a lease for the aircraft alone, without crew, and may be with or without fuel. The lessee is responsible for providing its own flight crew either directly (e.g. lessee’s employee(s)) or hired from an outside source (e.g. a pilot services or aircraft management company). In this situation, the lessee is exercising Operational Control and as the operator of the aircraft the lessee will be liable for its operation of the aircraft. The Part 135 certificate holder exercises Operational Control over the aircraft and all flights and, as a result, has legal liability for injury to persons or property arising from an aircraft accident or incident. Passengers on the aircraft do not have legal liability. An aircraft owner, whether SPE or otherwise, may lease an aircraft to a Part 135 certificate holder under a “dry lease.” The Part 135 operator then provides the crew (either using the Part 135 operator’s employees or independent contractors who are then agents of the Part 135 operator) and conducts operations pursuant to its Part 135 certificate. In most cases the entity that owns the aircraft will not have any legal liability for the Part 135 certificate holder’s operation of the aircraft. 1.1.13.2 OPERATIONAL CONSIDERATIONS In addition to risk management, various differences between operational conditions and limitations under Parts 91 and Part 135 must also be considered. 1.1.13.2.1 Airport Limitations: 1.1.13.2.1.1 Runway Length Requirements Part 91 – Runway length requirements are determined solely by aircraft requirements and limitations. Part 135 – The aircraft must be capable of landing within 80% of the runway length. This affects/limits access to a significant number of smaller airports that may be more conveniently located to the ultimate destination. NBAA MANAGEMENT GUIDE, 2024-01 51 ADMINISTRATION 1.1.13.2.1.2 Weather Reporting: Part 91 – An aircraft may begin an instrument approach to airports where there is no weather reporting and the pilots determine when they approach the airport whether they can land safely. Additionally, an aircraft may depart from an airport below IFR weather minimums. Part 135 – An aircraft may not begin an approach to an airport that has no weather reporting facility unless the alternate airport has approved weather reporting. This may not only adversely impact whether or when a flight may de- part, but it again has the potential to limit access to airports that are more conveniently located to the ultimate destination. Takeoff and alternate airport minimums also restrict whether and when a flight may be conducted. 1.1.13.2.2 Flightcrew Member Restrictions: 1.1.13.2.2.1 Pilot Agency Under both Parts 91 and 135 Flightcrew members must be agents of the party exercising operational control. This agency may be established by employment or contract. Flightcrew members who are employees of an entity other than the Part 135 certificate holder may be paid by their employee and still be agents of the Part 135 certificate holder provided the flightcrew members have entered into an appropriate agency agreement with the Part 135 certificate holder. 1.1.13.2.2.2 Flightcrew member Duty Time Limitations and Rest Requirements: Part 91 – Flightcrew member duty time and rest requirements are not imposed. Part 135 – Flightcrew members are required to comply with specific duty time and rest requirements. The rules are complicated, but generally provide for a maximum assigned 14-hour duty day, limitations on the number of flight hours during a 24-hour period and required rest periods. Once a flightcrew member has reached his or her limit, that flightcrew member may not fly until the applicable rest requirements have been satisfied. 1.1.13.2.2.3 Drug and Alcohol Testing: Part 91 – Drug and alcohol testing of flightcrew members is not required. Part 135 – Certificate holders must comply with the same drug and alcohol testing requirements as air carriers operating under Part 121. Flightcrew members are subject to pre-employment/transfer, random, reasonable suspicion/cause, post-accident, return to duty, and follow-up drug and alcohol testing pursuant to the Part 135 operator’s drug and alcohol testing program. 1.1.13.2.2.4 Restrictions and Fees in Foreign Countries: Part 91 –Operations may be subject to some additional fees, but are typically not required to obtain additional licensing to operate in foreign countries. Part 135 –Certificate holders operating within foreign countries are subject to bilateral air transport agreements between the U.S. and those countries. These agreements subject the Part 135 operator to fees, regulations and additional licensing imposed by foreign countries for its commercial operations. The fees are typically passed on to the customer, increasing the cost of the charter flight. NBAA MANAGEMENT GUIDE, 2024-01 52 ADMINISTRATION 1.1.14 AIRCRAFT FEASIBILITY STUDY The decision to purchase a company aircraft should be the result of an intensive and comprehensive evaluation of the company’s travel needs. Some companies may have the in-house talent to do the evaluation process; others may find it advisable to hire an aircraft acquisition consultant with experience in conducting aircraft feasibility studies tailored to the company’s specific needs. A number of aviation consultants are available, and their findings should be objective and in the company’s best interest. For the names of consultants who specialize in aircraft acquisition planning, search NBAA’s Products & Services Directory at under “Consultants – Aircraft Purchasing” The first step in an evaluation is an analysis of the potential uses of the company aircraft, which may include one or all of the following: Transport the executives, officers, directors and other management personnel Transport other company employees Transport guests and customers Transport cargo, time-sensitive and/or specialized equipment Humanitarian efforts The best outcome will be realized if all potential uses are taken into account in order to ensure correct selection and maximum utilization of aircraft. The second step is a comprehensive examination of the following factors: Frequency of travel requirements Amount of airline travel, cost and time involved Complexity of trips, including number of travelers, travel distance, duration and number of sites visited Availability of convenient airline flights and how close to the final destination they land Travel time to and from airports Amount of other travel means used (auto, rail) and cost and time involved Airport availability and facilities Company records and interviews of the travelers will provide answers to many of these questions. The data collected then can be analyzed to best understand what the company’s requirements are. Consideration also should be given to anticipated needs for forecasting purposes. Current needs may overlook the fact that personnel may have canceled or delayed trips that could have been made conveniently if a company aircraft had been available. For instance, the unavailability of direct airline service and the use of other modes of transportation may have added additional time factors that were unacceptable when measured in terms of value to the company. In order to measure a company’s unsatisfied travel requirements, a “need-to-travel” questionnaire should be developed to show not only how much traveling a company does, but also what it really needs to do and could do if it had a business aircraft. That questionnaire should be tailored to a specific company’s conditions and should include the following items: Trip data Number of personnel involved Travel time required (include all time required from departure point to destination point by all modes of transportation, i.e., auto, taxi, airline, etc.) Duration of stay Name of authorizing individual Other specific or unusual requirements The evaluation of how an executive’s time may be used suggests that data should be collected on: Importance of the trip How the requirements can be fulfilled Degree of satisfaction with alternate arrangements Measurement of any potential savings from using a company aircraft NBAA MANAGEMENT GUIDE, 2024-01 53 ADMINISTRATION This data then can be assessed so that the purchaser or senior management level can intelligently decide whether they should go ahead with the purchase of a business aircraft. An important consideration is whether purchasing a new aircraft (as opposed to purchasing a fractional share of an aircraft or using charter) will best fulfill the company’s travel needs. Often the best solution is a “blended approach” involving a mix of commercial, charter, fractional and whole aircraft usage. If charter or fractional solutions are to be implemented, a completely separate analysis of different fractional programs and charter providers will be necessary 1.1.14.1 CHOOSING A NEW AIRCRAFT In this context, “new” aircraft means aircraft not currently owned by the company. New aircraft can be either fresh from the factory or used aircraft, and can be the company’s first purchase or additional aircraft. It also is assumed that the decision to purchase is based on a detailed, comprehensive evaluation of the company’s travel requirements and current financial position, and consideration of the intangible benefits gained through aircraft ownership. If that evaluation has not been fully completed or if it has provided only partial justification for ownership, the decision to buy should be postponed until all factors have been considered. Having reached a decision to buy, the choice of the aircraft that will best fill the company’s needs also should be the result of a detailed and comprehensive evaluation of aircraft capability. The rule of thumb most commonly used is that the aircraft should be no more than what is needed to satisfy most of the company’s requirements, with capability to meet up to 90 percent (90%) of the need. Purchasing an aircraft with excessive range, speed, or capability can lead to lower use or higher costs, either of which could affect long-term ownership. The answer to the question, “What do we want the aircraft to do for the company?” should determine what aircraft is purchased. Aviation department managers’ or chief pilots’ knowledge of aircraft capability and characteristics should be drawn upon in this analysis. Many types and models of aircraft are available, but it is possible to narrow the broad field down into manageable proportions by considering fundamental requirements. The following discussion will cover most of the points that should be considered; other factors which the company believes are germane to its circumstances also should be considered. 1.1.14.2 COST FACTORS 1.1.14.2.1 Acquisition Costs The initial purchase cost of the basic aircraft, instrumentation, avionics and interior is a primary cost consideration. Carefully weigh the pros and cons of a new aircraft versus a used aircraft. Most manufacturers offer a range of options, which often can run into millions of dollars. However, new aircraft will include a warranty. For used aircraft, modification, maintenance and cosmetic improvements to the aircraft instrumentation, avionics, interior and exterior may be necessary or advisable. For this capital expenditure, NBAA recommends setting a dollar cost range that the company feels it can absorb comfortably. The company’s financial advisors should consider how a cash purchase, financing or a lease/purchase agreement will affect initial and subsequent costs. The company also may want to look ahead to the residual value of the aircraft, should its requirements change; prior sales patterns and historical residual values are available. 1.1.14.2.2 Operating Costs Of almost equal importance to acquisition cost is the annual operating cost of the aircraft. An analysis of estimated annual aircraft operating costs should be an integral part of the overall cost evaluation. Factors to be considered include the cost of fuel, maintenance, hangar, travel expenses, miscellaneous fees, salaries, fringe benefits, pilot and/or maintenance technician training, depreciation and insurance. Operating costs will vary depending on geographical location, staffing levels and travel patterns. Estimates should reflect any peculiarities in the company’s operation. NBAA MANAGEMENT GUIDE, 2024-01 54 ADMINISTRATION This analysis of operating costs may have a bearing on initial purchase costs, and the combined cost should be comfortably within the company’s concept of total ownership costs. Because a number of aircraft are acquired through financing or lease agreements, those costs may appear in the operating budget and should be recognized as such. Purchase of the aircraft and its acceptance as a valuable asset to the company should be viewed in much the same light as the major expenditure of capital for any tool, machine or instrument that will improve the company’s productivity. 1.1.14.2.3 Other Costs to Consider In addition to capital and operating costs, the company should evaluate the tax impact of aircraft ownership and operation. This includes an analysis of tax depreciation (and depreciation recapture); the deductibility of operating costs for tax purposes; sales, use and property taxes; and federal excise taxes. The NBAA website includes resources that provide guidance on many of these issues. Additionally, an aviation-specific tax specialist should be consulted during the acquisition process. 1.1.14.3 AIRCRAFT CHARACTERISTIC FACTORS Within the initial and operating cost range, anticipated operational requirements such as type, size, speed, range and airport runway lengths will influence the purchase. Because most business aircraft are used for passenger travel, seating and range are a primary consideration. The evaluation of company needs should indicate an average number of passengers and the distance of the trips expected for each flight; this information is basic to the size of aircraft to be considered. The operating costs of an aircraft are influenced by the size, speed, range and age of the aircraft. The useful range of the aircraft to be selected depends on the most anticipated routes of flight and is affected by payload and speed. Airport and runway lengths are also a very important consideration if routes of flight are to communities with smaller airports. As elementary as this factor sounds, the aircraft must be able to operate into and out of a specific airport. Operating capability with a useful payload is sometimes overlooked. Airports that are a frequent destination also should be considered. For example, if frequent travel to cold climates is expected, snow and ice will affect operational factors. The annual edition of the Business and Commercial Aviation Planning and Purchasing Handbook provides detailed descriptions of available aircraft. 1.1.14.4 SAFETY FACTORS The overall safety record of business aircraft operations is excellent and reflects the professionalism of business aviation pilots and maintenance technicians as well as the design characteristics of the aircraft. Major safety factors are: Reliability Maintainability Compatibility In-flight characteristics Flight crew and maintenance technician training 1.1.14.4.1 Reliability New aircraft introduced to the market are subject to exhaustive testing by manufacturers and must meet stringent FAA certification requirements. As the use of a particular aircraft model increases, a considerable amount of knowledge about its relative overall reliability is collected. NBAA’s Technical Committee is composed of members who own and operate a specific aircraft and are willing to exchange information about the performance of the aircraft and its components with other NBAA members. In conjunction with its Annual Meeting & Convention, NBAA schedules a series of Maintenance & Operations Sessions, which are chaired by members of the Technical Committee, bringing airframe and component parts manufacturers and users together for open discussions. NBAA MANAGEMENT GUIDE, 2024-01 55 ADMINISTRATION 1.1.14.4.2 Maintainability As aircraft and equipment have become more complex, consideration should be given to where and how the aircraft is to be maintained. The decision to maintain the aircraft in-house or outsource maintenance should be based on an evaluation of cost factors related to servicing, testing, removing, overhauling or replacing components. The maintenance labor hours and equipment costs required per flight hour should be carefully evaluated, but precise figures may be very difficult to obtain. Manufacturers can provide estimates, but these cannot be verified until the aircraft is acquired and the maintenance requirements begin. Most manufacturers also provide airframe, engine and parts service contracts that enable a company to predict its maintenance costs with greater accuracy. Surveying experienced operators of similar aircraft may help, but because of the diverse maintenance methods used, line-by-line comparisons are useful only if the companies have similar philosophies for aircraft maintenance and use equally similar maintenance methods. One consideration in maintainability is design maturity. New state-of-the-art aircraft and equipment may have advantages but also may experience an unusual failure rate until the “bugs” have been worked out of the design. Another aircraft in its prime may not be the latest design, but it may be well-supported and have low failure rates; conversely, equipment may be obsolete and have inadequate support. These factors also should be considered in the selection process. 1.1.14.4.3 Compatibility If the company is contemplating purchasing more than one aircraft, or adding aircraft to its existing fleet, the selection of the aircraft should take into consideration other aircraft being operated or to be operated. Sticking with one product line can offer substantial advantages and efficiencies in familiarity with systems, parts inventory and personnel skills. However, if the company’s travel requirements are so diverse that one product line cannot offer all the capabilities that are needed, compatibility should be compromised so that the company needs are met. 1.1.14.4.4 In-Flight Characteristics With all due consideration for aircraft type, size and speed, other factors–rate of climb, stability and control, stall reaction, slow and high speed response, landing and takeoff speeds, and other aerodynamic characteristics-are measures of safety. Many aviation publications, as part of their readership services, publish detailed aircraft flight evaluations using self-devised performance criteria. Because the human element is involved, the opinions from even the most experienced pilots about the “feel” of the aircraft may differ. However, the performance and capability of the aircraft must relate to where and how it will operate, and those factors should be the basis for evaluating the aircraft. An operational limitation or restriction affecting the performance of an aircraft could impose unsuspected handicaps, particularly if those limitations or restrictions are imposed by federal rules. Passenger comfort in flight cannot be overlooked or underestimated, for if company executives do not feel as much at ease as the pilot, the aircraft is likely to be a short-term proposition. The flight department manager or chief pilot is an indispensable ingredient in this phase of the evaluation. However, the flight department must remember that more than the flightdeck environment is involved. It may be helpful to tabulate not only what each aircraft will do but what it cannot do. 1.1.14.5 ENVIRONMENTAL FACTORS The issue of aircraft noise will be one of the greatest constraints in the further development of the aviation system. A growing trend among local airport authorities has been to increase restrictions on aircraft operations; this threatens to limit the construction and expansion of airports as well as airport access. This and other environmental issues will make aircraft noise levels an important consideration when choosing an aircraft for future operations. Companies planning to purchase aircraft should take a careful look at the airports they intend to use to see if particular noise levels have been established. NBAA MANAGEMENT GUIDE, 2024-01 56 ADMINISTRATION FAR Part 36 provides noise standards for aircraft and series 36 advisory circulars provide noise data for specific aircraft. The Business and Commercial Aviation Planning and Purchasing Handbook contains the basic elements of these limits. Further information on aircraft noise is found elsewhere in this guide. A recent environmental consideration is the European Union’s Emissions Trading Scheme (EU-ETS) implemented for all aircraft operating to the EU. While there is strong opposition from non-EU nations, including the United States, a company should consider ETS compliance requirements and costs if planning flights to or from Europe. NBAA offers a wealth of information regarding the current status of EU-ETS online at www.nbaa.org/ets. 1.1.14.6 THE FINAL STEP At the end of the process, companies must analyze all the relevant data, address any discrepancies and determine whether an aircraft acquisition makes sense based on the company’s needs. Specifically, the company should do the following: Tabulate the analysis factors with appropriate summary data Evaluate those factors Make a final judgment based on the evaluation Document the evaluations, judgments and decisions If the selection factors have been thoroughly identified and analyzed, the subsequent steps should fall into place. For example, manufacturer’s specifications should be impartially analyzed against similar frames of reference; in the absence of specified standards, those may have to be developed. The exact meaning of terms applied to cruise speeds, range, runway length requirements, fuel reserves, altitudes, payloads, etc. should be clarified. A summarized tabulation showing selection factors for each aircraft can take many forms, but it should include all items of value to the analysis, arranged under appropriate group headings. This tabulation should be referred to in the final judgment. The product should be a comprehensive and factual set of data that will provide a measure of the degree of difference between various aircraft under consideration. The figures may be in dollars, miles per hour, feet, or units. There will, undoubtedly, be significant differences between a few factors which will point to the most desirable aircraft. Once the final decision has been made, equal attention and care should be given to acquiring the right aircraft. For further insights and resources, visit the NBAA Aircraft Registration & Transactions site at www.nbaa.org/admin. 1.1.15 AIRCRAFT OPERATING COSTS NBAA recommends that flight department managers/chief pilots (FDMs/CPs) be familiar with accounting and finance theory and practice and other business subjects to ensure that aircraft operations are represented properly to the company. Accurate and well-maintained aircraft operating cost records should achieve the following objectives: Aid in the preparation of budget requests and forecasts Provide systematic and timely review of expenditures versus budget projections Determine aircraft costs per flight hour, per mile, or per passenger-mile, as required by the company Reflect aircraft maintenance quality and efficiency Provide a basis for evaluating and comparing operating costs between different aircraft models Provide a way to allocate costs among the various departments that use or benefit from company aviation services Direct (sometimes called variable) operating costs and fixed (sometimes called indirect) costs are the two types of costs associated with aircraft operation. A sample aircraft operating costs form is provided in Figure 1.16. NBAA MANAGEMENT GUIDE, 2024-01 57 ADMINISTRATION 1.1.15.1 DIRECT OPERATING COSTS (DOCS) Direct operating costs are incurred when the aircraft is operating. These costs include: Consumables (fuel and oil) Certain maintenance expenditures Hour-based inspections Overhaul Hour-limited parts replacement These costs may be known and accounted for (receipts are available) or be estimated future expenses. Aircraft DOCs , for chargeback purposes, are either per hour, per mile, or per passenger-mile flown. See Figure 1.15 to see how DOCs are determined. DOCs are usually charged directly to the user or users of the aircraft, and can be charged to one user or department or prorated among several users. The company sometimes absorbs DOCs, and another appropriate cost is charged to the users (see section below). Users may include departments actually having passengers aboard or may be expanded to include departments that receive benefits of the aviation department activities indirectly. 1.1.15.1.1 Figure 1.15: Calculating Direct Operating Costs Direct operating costs (DOCs) are determined by the following process. For the period during which the DOC will be applied (usually January to December, or the company fiscal year): Total all current and expected future receipts for: Maintenance Consumables Inspections Overhauls Replacements Any other item that can be attributed directly to aircraft use (aircraft phone use, catering, pilot trip expenses, etc.) Divide by the hours, miles or passenger miles flown or expected to be flown, in the period. 1.1.15.2 FIXED COSTS Fixed costs are incurred whether the aircraft is flying or not. Standard fixed costs are listed below. Normal overhead expenses include: Hangar expenses Shop expenses Shop equipment expenses Depreciation Insurance premiums Upkeep expenses Salaries (including fringe benefits) for all flight department personnel Training expenses for all flight department personnel Major nonrecurring expenses NBAA MANAGEMENT GUIDE, 2024-01 58 ADMINISTRATION Fixed costs are determined by summing all current and expected expenses incurred and dividing by hours/miles/passenger miles to get the fixed cost per hour/per mile/per passenger-mile. Fixed costs either are absorbed by headquarters (all or in part) or are distributed among the users of the aircraft. Users may include departments actually having passengers aboard or may be expanded to include departments that receive benefits of the aviation department activities indirectly. Depreciation expense frequently is omitted from aviation department fixed expenses, normally being absorbed as a corporate general and administrative or headquarters capital expense. Depreciation expenses result from capital expenditures incurred by the flight department. Capital charges are usually larger onetime expenses that meet certain Internal Revenue Service (IRS) guidelines and generally accepted accounting principles (GAAP) and that are then depreciated over a period of time. Capital expense may be for a new item (acquisition of hangar space, certain maintenance equipment, new aircraft, etc.), or it may be for an addition to an existing capital item that increases value or adds life to the item (remodeling of existing office space, additional avionics, etc.). Book depreciation charged to the flight department for the aircraft capital assets normally should be based either on a salvage value of 70 to 80 percent of the original purchase cost or on a reasonable estimate of the aircraft sales value after a six-year depreciation cycle. Aircraft depreciation charged to the flight department should not be based on tax depreciation, which depreciates the aircraft to a net value of zero. By using book depreciation, the fixed costs per year are lower, so the amount the flight department must pass on to its users is reduced, and it credits the flight department for its care in managing the future sales value of the aircraft. A major nonrecurring expense is a one-time expense of an unusual nature. These are often expensed items (as opposed to capital) but could be capital. Examples include major equipment installation or overhaul; major facility upkeep, such as roof repair; and premature powerplant overhaul. Capital expenses generally include items or actions that add significant value or extend the useful life of an existing asset. The FDM/CP should seek counsel from company accounting or finance personnel for specific situations. 1.1.15.3 OPERATIONAL DATA Some companies prefer to relate the cost of operating the aircraft in terms of cost per flight hour because management readily understands that terminology. Others favor a cost-per-mile analysis because the speed of the aircraft and payload capability may be important factors; the accuracy oft his method, however, is not as precise as calculating cost by flight hour due to varying ground speeds. If company records maintain the number of passengers carried on each flight, the cost per passenger seat mile may be determined by using the operating cost per mile as a base. The FDM/CP should become familiar with and use an aviation computer-based flight data program. The current computer-based programs available are capable of providing operational data reports in many formats, using all data tracked by the program. This allows flight department management to report many kinds of metrics, including data on flight legs, route city pairs, destination statistics, aircraft operating efficiencies, passenger use data and fuel data. 1.1.15.4 ALLOCATING AIRCRAFT OPERATING COSTS (CHARGEBACKS) The company’s management needs to decide if the cost of the company aircraft should be allocated internally. If they decide to allocate the cost in this way, they need to show how and where this will be done. The costs may be allocated to all departments or only to those departments or divisions that use the aircraft. The complexity of allocations increases in proportion to the size and complexity of the corporate structure. The method chosen will have some impact on the use of the aircraft. For example, a fully loaded chargeback rate that incorporates both direct and fixed costs will tend to decrease overall use of the aircraft and encourage its use only at executive levels. Chargeback rates that incorporate only DOCs will tend to encourage overall use of the aircraft at all levels of the company unless otherwise limited by policy. Most chargeback schemes share total operating costs between the company and user. The general chargeback principle is that those divisions or users of the aircraft pay an equitable share for its use. NBAA MANAGEMENT GUIDE, 2024-01 59 ADMINISTRATION Accounting records should reflect clearly transportation charges to all users of the company. Chargeback rate charges may be made to subsidiary companies or by a subsidiary to the parent company or other subdivisions within the corporation. Although business aircraft that operate under Part 91, Subpart F, are classified as noncommercial for transportation furnished within the corporate structure, the IRS may question the appropriateness of certain charges for taxing purposes. During tax audits, the IRS occasionally has attributed charges for the use of aircraft differently from what the company actually charged, and then based taxes on what, in IRS opinion, should have been charged for aircraft use. For these and other reasons, some companies do not charge individual departments. However, charge-backs based on actual aircraft cost are an acceptable way to account for aircraft cost and use. Precise accounting is mandatory should the aircraft operate through time-sharing, interchange, or joint ownership agreements. Chargeback allocations should be charged against the total travel budget of the entity using the aircraft. Company aircraft operating costs seldom equate dollar for dollar to the cost of an individual airline ticket, and it must be recognized that basic costs for transportation do exist. The dollar-for-dollar difference only can be viewed in its proper context when it is related to time and productivity savings gained through using company aircraft, especially when operating with multiple passengers between airports not served directly with commercial airline service. 1.1.15.5 ALLOCATION (CHARGEBACK) METHODS Several methods exist for allocating the costs for company aircraft. The most common are central allocations, direct operating costs allocation, direct and fixed costs allocation, and flat mileage assessment. Each is discussed below. There also are others, but these usually are based on some variation of the above. See also Section 1.1.15.1 “DIRECT OPERATING COSTS (DOCS)” for required charges for employee personal use of company aircraft. 1.1.15.5.1 Central Allocations – Some corporations consolidate all the headquarters service costs, including the company aircraft, and divide those costs among all the operating divisions for a central allocation method. There are a variety of formulas used in this method (e.g., a percentage of net sales or a combination of sales, profits and payroll). Each formula has its advantages and disadvantages. If the company has established a policy for distributing other central service costs, the aircraft probably would fit into the pattern without difficulty. When a division uses the aircraft, there are no costs allocated for a specific flight. Divisions that may have little need for travel or that are limited in use of the aircraft by company policy may resist this method of cost allocation. However, the central allocation approach remains a popular alternative with many companies. 1.1.15.5.2 Direct Operating Costs Allocation – Each division that has use of company aircraft is assessed the direct operating costs for a given flight. The company absorbs all the fixed costs as part of headquarters’ operating expense. If several passengers are on board for the same flight from more than one division, those costs may be prorated for each individual, so the cost of the flight is divided proportionately among the divisions. In some cases, the company also may absorb a portion of the direct operating costs as part of headquarters’ expense. This arrangement may stimulate the use of the company aircraft because of the favorable cost factor. Divisions that have a budget to accommodate travel requirements can allocate company aircraft costs against the budget. 1.1.15.5.3 Direct and Fixed Costs Allocation – Each division may bear the total cost of operating the aircraft, including costs incurred whether the aircraft is flown. Because fixed costs are proportionately higher than out-of-pocket expenses, this method may discourage use of company aircraft or limit use to divisions that have a substantial transportation budget. A variation of this method is to charge the user or users of the aircraft the direct operating cost, and charge the fixed-cost to the division or operating unit represented by the users. This variation has several advantages. The users bear only the smaller direct cost amount. The division (either a vice president account or division overhead allocation account) bears the fixed cost at a level more tolerant to the larger portion of the total cost, and proportional to the division aircraft usage. NBAA MANAGEMENT GUIDE, 2024-01 60 ADMINISTRATION 1.1.15.5.4 Flat Mileage Assessment – Some companies use a flat mileage assessment of costs. A variation of this is to assess amounts that equate to commercial airline airfares between established airline points of service. The company accepts all the aircraft operating costs in its headquarters account and is compensated in some degree by charges to divisions. Flat mileage assessment does not depend on commercial service being available between given points. It remains constant no matter where the company aircraft goes. The difficulty with assessing flat mileage rates is that no basis may exist for comparison with airline economy fares. But if the rates are comparable with known scheduled airline mileage rates, the lack of comparison should not present any serious problems. NBAA MANAGEMENT GUIDE, 2024-01 61 ADMINISTRATION 1.1.15.5.5 Figure 1.16: Operating Costs Work Sheet Fixed/Indirect Costs – Annually Variable/Direct Costs – Annually Acquisition Resale Liability Coverage Aircraft Operation Purchase/Lease Costs Loss of License Fuel (block gallons per hour x fuel cost) Finance Expenses Medical Insurance Oil Other (could be covered under Benefits) Other Tax Considerations Foreign Maintenance State Sales Tax Other Labor (associated with a specific flight) Personal Property Tax Training Parts Aircraft Registration Fees Initial and Recurrent Flight Crew Training Freight Depreciation Maintenance Personnel Training Engine Reserves Capital Gains (on resale) Expenses incurred while at training facility Restoration Allowance International Taxes CPR/First Aid/Survival APU/Reverser Overhauls Federal Excise Tax Human Factor Training MSP (hourly) Other Conferences and Seminars Other Personnel Other Flight Expenses Flight Crew Salaries Maintenance Service Plans Transit Fees Maintenance Technicians Computerized maintenance programs APU Landing/handling/parking Scheduler/Dispatcher Engine Program/Plan International handling Accounting Avionics Line-Service Fees Aircraft Cleaners Other Deicing Contract Employees (Part Time) Outside Flight Services Cleaning Secretarial ARINC Lavatory Flight Department Manager Aviation Computer Services Crew Expenses Benefits (estimate 30% of wages) International Handling Services Navigation FAA (crew) Fuel Contract Fees Flight Plans Physicals AFIS International Handling Fees Company Physicals Jeppesen Navigation Charts Customs Drug Testing Other Catering Uniforms Aircraft Refurbishment SATCOM Overtime Avionics Upgrades Aircraft Supplies Other Interior Modification Other Hangar Paint Other Hangar Purchase/Rent Physical Upgrades Hangar Finance Cost Other Lease Payments Miscellaneous Utilities Subscriptions/Manuals/Publications Property Tax Maintenance Manual Subscription Facility Upkeep Navigation Manual Subscription Aircraft Support Equipment Trade Publications Ramp and HazMat Expense News Publications Hangar Security Association Memberships Insurance Consulting Fees Other Miscellaneous Office Expenses Aircraft Insurance Office Equipment Insured Hull Value Office Expenses War Risk/Vandalism Other Other NBAA MANAGEMENT GUIDE, 2024-01 62 ADMINISTRATION 1.1.16 MANAGING ORGANIZATIONAL RISK Organizational risk management (also known as enterprise risk management) is a business discipline receiving increased attention both inside and outside the corporate boardroom. In general, organizational risk management is a process, applied by developing strategies across the company, which strives to identify potential events that could negatively affect the entity, and develop processes and strategies to manage that risk to a reasonable degree. It encompasses all areas of potential organizational risk exposure to risk (financial, operational, reporting, compliance, legal, strategic, reputational, etc.), and prioritizes and manages those exposures as an interrelated risk portfolio rather than as individual silos. While risk management and emergency response planning are essential elements of any basic Safety Management System, business aircraft operators should look beyond safety risk management and emergency response planning to organizational risk management. This strategic method of managing risks across the entire organization is one way the aviation director can earn a seat at the table with other department heads and executives. The aviation function, in addition to requiring relationships and open lines of communication with headquarters personnel for the flight department’s needs, also can serve as a resource for other departments by sharing knowledge and broad expertise with regard to risk management. 1.1.17 AIRCRAFT INSURANCE The purchase of insurance protection against financial, damage and injury losses resulting from aircraft and/or airport operation accidents is a decision to be made after thorough discussion with insurance consultants and the company’s legal department. The aviation department manager and those responsible for handling the company insurance should remain in close communication during preparations and negotiations for any aviation-related insurance contracts. A brief discussion on the important elements of aviation insurance appears below. While any insurance policy is in effect, your aviation department, the personnel responsible for handling the company insurance, your aviation insurance broker and your aviation attorney should remain in close communication. Coverage and premiums may vary as the aircraft is modified, changes in flight crews occur, normal routes of travel are changed, or travel outside the United States takes place. The aviation department should be familiar with any insurance warranties relating to the flight crew(s) and/or their qualifications. A summary of insurance coverage should be included in the aviation department’s operations manual. Coverage and/or premiums vary as acquisitions of or modifications to aircraft are accomplished. Changes in flight crews, changes in routes of travel, changes in operational control and international travel also may affect premiums and coverage. The aviation department manager should know of any restrictions in the insurance coverage, whether related to the flight crews, their qualifications or any other factors. The basic coverage in the aviation insurance market are physical damage to the aircraft (hull insurance), aircraft liability insurance and airport liability (premises) insurance. Physical damage insurance provides for payment to the aircraft owner for physical loss of, or damage to, the aircraft. This is usually written for an amount equal to either the market value, contractually agreed value (loan or lease obligation) or replacement value of the aircraft and covers the interest of both the owner and other persons or organizations who may have a financial interest in the aircraft. This coverage generally is purchased on an all-risk basis. If more limited coverage is desired, such as ground-only or builders risk, it also is available. 1.1.17.0.1 The following three types of all-risk coverage may be purchased: All risk All risk not in flight (includes taxiing) All risk not in motion (ground only) Most companies will price entertainment requests for “fringe” or ancillary provisions coverage such as extra expense insurance coverage, which provides conditional reimbursement for loss of use occasioned by a covered physical damage loss. While any aviation insurance policy is in effect, your aviation department, the personnel responsible for handling the company insurance, your aviation insurance broker and your aviation attorney should remain in close communication. NBAA MANAGEMENT GUIDE, 2024-01 63 ADMINISTRATION Coverage and premiums may vary as aircraft are added, the current fleet is modified, changes in flight crews occur, normal routes of travel are changed, or international travel is planned. The aviation department should especially be familiar with any geographic restrictions in coverage or any insurance warranties relating to the flight crew(s) and/or their qualifications. A summary of insurance coverage should be included in the aviation department’s operations manual. The purchase of insurance protection against financial loss resulting from aircraft and/or airport operation accidents is a decision the individual operator must make after thorough discussion with its insurance consultants and the company’s legal department. The following summary of insurance coverage available to the owner or operator of an aircraft is offered for consideration. The basic coverage types are physical damage to the aircraft (hull insurance), aircraft liability insurance, war risk and airport liability (premises) insurance. Included in this section is a brief description of these types of coverage and variations available in the aviation insurance market, 1.1.17.1 AVIATION INSURANCE RATES Any type of insurance coverage, whether household, automotive or aircraft, must support itself through a proper balance of premium income that offsets losses and expenses resulting from claims. An insurance company’s primary concerns are the cost of losses and the expenses incurred in handling the losses. Once a database containing this information is established, a basic insurance rate per given amount of coverage can be developed. As underwriting results develop, this charge or rate is adjusted as loss experience changes. In every area of aviation, the cost and frequency of accidents or incidents resulting in claims continues to increase. A dented wing tip now can cost thousands of dollars. These increased costs result from the higher costs of labor and parts, the loss of use expense during repair (where covered), more advanced manufacturing methods and use of more sophisticated materials. Accidents generally fall into two categories: Acts of God, such as windstorms, weather phenomena and bird strikes Acts of Man, including design deficiency, sub-standard maintenance, and pilot error Eighty-Four percent (84%) of accidents are caused by Acts of Man. 1.1.17.2 INSURANCE UNDERWRITER’S EVALUATION Insurance companies that specialize in business aircraft insurance are conscious of the many elements that are required to establish a professional aviation department. The complexity of policies and procedures may vary, depending on the operation’s size. Although the standard worker’s compensation and employer’s liability policy provides broad protection for the individual operator, endorsements may be requested to cover certain exposures that may not otherwise be covered in the “basic” form (e.g., foreign voluntary coverage or longshoreman and harbor worker’s coverage). In a small operation, for example, a 5 or 10-page company memorandum may be adequate. However, for a multiple-aircraft operation, a complete and detailed operations and administrative manual is desirable. No matter what the size of the operation is, the underwriter will look for written policies and procedures that should be found in the aviation department’s flight operations manual. The manual should include management, operations and maintenance policies and procedures. The underwriter also will review the safety record and accident data for the aircraft make and model. 1.1.17.3 HOW RATES ARE ESTABLISHED A basic hull (the aircraft itself) rate is established by the insurance company for each general type of aircraft, from single engine fixed-gear airplanes through the turbojets. NBAA MANAGEMENT GUIDE, 2024-01 64 ADMINISTRATION 1.1.17.4 PHYSICAL DAMAGE (HULL INSURANCE) This coverage provides for payment to the owner of the aircraft for physical loss of or damage to the aircraft, including engines, propellers, instruments, and equipment usually and ordinarily attached to the aircraft. Unlike auto insurance, which is written on an actual cash value basis, aviation hull insurance is written on a stated or agreed value basis normally equal to the current market value of the aircraft. It covers the interest of both the owner and other persons, or organizations identified in the policy that may have a financial interest in it, such as a bank. This coverage generally is purchased on an all-risk basis, meaning, generally, that all risks are covered except what is excluded. The following three types of all-risk coverage may be purchased: All risk- This is the broadest possible form of insurance. With few exceptions, it covers the owner against almost any physical loss or damage to the plane on the ground and in the air, unless the loss is excluded or not fortuitous. All risk not in flight- Similar to all risk but it covers the aircraft only on the ground, including taxiing. All risk not in motion- Covers the aircraft only on the ground while not in motion. One important exclusion of note is the exclusion for War Risks, Hijacking and other “Covered Perils.” As the name implies, this coverage responds to physical loss or damage to the aircraft caused by an act of war or war like hostilities. It is more important to note the war risk perils also cover such exposures as confiscation, seizure, arrest, and detention, sabotage, hijacking and terrorist acts. As acts of domestic terrorism are increasing and since corporate aircraft frequently travel internationally, this coverage should not be considered optional. Most physical damage policies contain the following pertinent provisions and exclusions: Deductibles – Generally, a deductible for not-in-motion and in-motion losses is a standard feature of policies covering fixed-wing aircraft. Rotor-craft may have an in-motion deductible based on a percentage of the insured value. Territory – Most aviation insurance policies cover operations on a worldwide basis; however, it is prudent to confirm your policy territory with your broker prior to any trip outside the contiguous United States. Keep in mind some countries such as Mexico and the European Union states require additional coverage prior to entering their airspace. or may require a “fronting policy.” If you are using an international trip handler, they will generally assist you with compliance. Automatic attachment – Most policies contain a provision for automatic attachment of newly acquired aircraft for a limited period after the acquisition of the new aircraft, provided you purchase and register the aircraft in the same name as your current aircraft. However, most policies will contain a limitation on the insured value of the new aircraft until it is reported and accepted by the insurance company. Pilot requirements – Depending upon the type of aircraft involved, most aircraft policies are written to be applicable only while the aircraft is operated by named pilots or pilots meeting certain minimum qualifications. Pay close attention to the recurrent training requirements as most policies warrant the pilots have completed aircraft-specific recurrent training within the preceding 12 months of any flight at an underwriter approved facility. Also, if a pilot not meeting the prescribed requirements is flying the airplane and a loss occurs, insurers may deny coverage. Total loss value – Most policies are written on a “stated or agreed value” basis, which provides that, in the event of a total loss, the company will pay the insured value stated in the policy, regardless of the aircraft’s market value. It is important to review the current market value of the aircraft on an annual basis and adjust the insured value of the aircraft accordingly. The goal is not to be under or over insured; both have negative consequences. Unearned premium insurance – Most policies allow for a pro rata return premium in the event of a total loss. However, some policies do not, and this should be verified if the company wishes to be protected against the loss of its premium in the event of a total loss. Most policies usually exclude loss caused by: War risk Wear and tear, including mechanical or electrical breakdowns Conversion and embezzlement Violation of the usage clause (i.e., allowable reimbursement) Diminution of value NBAA MANAGEMENT GUIDE, 2024-01 65 ADMINISTRATION 1.1.17.5 NEW AIRCRAFT When a new aircraft is developed and offered to the market, insurance underwriters will evaluate it much as the potential buyer does. They will visit the factory, inspect the aircraft, observe the manufacturing processes, examine the materials and parts used, and (through demonstration flights) determine handling qualities, performance, and systems reliability. They also will review the pilot training program offered, type of FAA certification of the aircraft, complexity of repairs, availability of repair facilities and the general service that may be available to the aircraft operator. Once the analyses of the aircraft, manufacturing process, service requirements and facilities have been completed, the insurance company will attempt to match the new aircraft with an operational model that is reasonably similar in order to develop the basic minimum rate or insurance charge. A new aircraft, utilizing new raw materials, a new design, and/or new engines will not have substantial operational experience and will likely bear higher rates than older aircraft with proven reliability. 1.1.17.6 OLDER AIRCRAFT As operational experience is gained and historical data is accumulated, insurance rates may go up or down. Contrary to popular belief, experience data is extremely difficult for insurance companies to amass outside their own company statistics. Because of the competitive nature of the insurance business, one company is not apt to divulge its experience to a competitor and would consider claim experience privileged information for internal use only. In addition, there is no common data bank that reveals the value of all claims paid on a specific aircraft. Therefore, an insurance company must rely heavily on its own experience with a given aircraft, estimate the claim experience of its competitors and evaluate National Transportation Safety Board (NTSB) and FAA accident data on specific aircraft and classes of aircraft. It will also utilize data from other sources, such as other accident investigation agencies and manufacturers. Although NTSB accident reports indicate the kind of accident (i.e., hard landing, nose wheel collapse, etc.) and damage (i.e., minor, substantial, destroyed) that has occurred, they do not show the dollar amount of the ensuing insurance claim. The insurance company that eventually handles the claim will know precisely what dollar amounts are involved, but it is under no obligation to make this information known to anyone else. Other factors also influence claim information retrieval. Not all claims stem from operational accidents. For example, an aircraft that was exposed during a windstorm (Act of God) may suffer skin damage resulting in payment of a $125,000 claim. An aircraft damaged while in the possession of maintenance facility (Act of Man) could be covered by hangar keeper insurance, but the usual procedure for the insurer of the aircraft would be to settle with the owner of the aircraft and negotiate (or subrogate) for reimbursement from the insurance company providing the hangar keeper insurance. 1.1.17.7 AIRCRAFT LIABILITY INSURANCE Liability insurance coverage is designed to cover the legal liability of the insured to others for bodily injury and property damage resulting from the ownership, maintenance or use of the aircraft. This policy offers coverage for legal defense of any suit brought against the insured, often even if the suit is groundless. Although financial loss, which can result as a consequence of liability claims, may not be as obvious as loss by reason of damage or destruction of an aircraft, it can be much more costly in the end, even to the extent of jeopardizing or destroying the company to satisfy liability judgments. Risk of financial loss increases the importance of carrying liability insurance protection consistent with the company’s risk profile. Basic policy coverage includes the following items: Bodily injury liability (excluding passengers) Passenger bodily liability Property damage liability Medical payments Guest voluntary settlement (admitted liability) NBAA MANAGEMENT GUIDE, 2024-01 66 ADMINISTRATION Risks insured may include liability to third parties arising from (subject to insurance contract or policy conditions, limitations and exclusions): An aircraft accident A contractually assumed obligation Products and/or completed operations liability after resale of the aircraft or upon completion of work Use of non-owned, borrowed or rented aircraft Owned or leased airport premises where aircraft is located 1.1.17.8 NON-OWNERSHIP AIRCRAFT LIABILITY Non-ownership liability coverage is available as an extension to the owner’s aircraft liability policy or as a separate policy. It protects the named insured for liabilities arising from the use of certain non-owned aircraft. The possibility of exposure to liability suits through the use of non-owned aircraft often is overlooked. However, the company may be subject to suits due to bodily injury or property damage if a company or employee, who may be a pilot and operates his or her own aircraft, or directly (or indirectly through an agent) rents, charters or borrows an aircraft for use by or on behalf of the organization. 1.1.17.9 GROUP INSURANCE AT LOWER PREMIUM RATES “If a number of operators of like aircraft joined together, would group aviation insurance be available at lower rates?” NBAA has been asked this question many times and has explored the possibilities. Most underwriters feel the present system, which involves insuring aircraft at premium rates based on coverage limits, pilot qualifications, aircraft use and how well the individual operator runs its aviation department, provide the best rates available in a very competitive insurance market where each underwriter strives to write the best operators. 1.1.17.10 WORKER’S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE Unlike other forms of insurance protection, which are optional, the laws of the individual states require operators to carry some form of worker’s compensation insurance. Whether an individual operator is subject to his or her state’s law and thus is required to provide this coverage normally depends on the number of persons employed. In some states, one employee is sufficient to bring an employer under the law; in others, the minimum is 10 employees. An insurance agent or broker should be consulted to determine specific state requirements. Worker’s compensation laws provide for the payment of compensation and other benefits to employees who sustain injuries or contract disease arising out of or occurring in the course of employment. These laws set forth the specific amounts payable for the time the employee must be away from work because of the injury, as well as make provisions for the payment of medical benefits. Benefit level requirements vary widely among states. The employer is directly responsible for all of these payments, unless the proper insurance protection is provided. Even in states in which an individual operator is not subject to the law, the operator still can be open to a liability suit from the injured employee or others claiming by, through or under his or her name. It is strongly recommended that an individual operator with employees purchase these types of coverage. The standard worker’s compensation and employer’s liability policy provides protection for individual operators’ liability under the law of any state named in the policy, as well as protecting operators from suits brought by employees injured in the employment. This is accomplished by dividing the policy into two types of coverage: worker’s compensation coverage and employer’s liability coverage. Worker’s compensation coverage will pay all compensation and other benefits required of the insured by the worker’s compensation law and any occupational disease law of a state designated in the policy; it does not include any non-occupational disability benefits. The state or states in which the individual operator operates will be listed specifically in the policy. No limit of liability is purchased for this coverage, because the policy will pay whatever the state law requires regardless of amount. NBAA MANAGEMENT GUIDE, 2024-01 67 ADMINISTRATION Employer’s liability coverage is designed to protect employers’ legal liability resulting from suits instituted by employees for injuries or disease allegedly sustained in the course of employment or related operations. Although the worker’s compensation law generally is the exclusive remedy for these injured employees, situations may arise in which a suit may be instituted; employer’s liability coverage is available for this reason. In addition, the policy provides for the defense against any suit seeking benefits or alleging injury, even though the suit may be made on false or fraudulent grounds. These benefits are in addition to the benefits payable under worker’s compensation coverage or the limit of liability under employer’s liability. If an employer uses contract employees, or even independent contractors, such use should be discussed with the broker and/or insurer. Depending upon state law and whether the employee or independent contractor has his or her own coverage, it may be necessary to report payroll and cover them under the workers' compensation policy. 1.1.17.11 AIRPORT LIABILITY INSURANCE If the owner of an aircraft also owns or rents hangar, office, lounge or ramp space, the owner should explore the need for airport liability insurance. This type of insurance is designed to cover liability to the public for bodily injury or property damage in and around such areas. In current “broad form” corporate policies, a limited form of this coverage often is included 1.1.17.12 INSURANCE EVALUATIONS OF MAINTENANCE The type of maintenance program may be evaluated by the underwriter based on the following criteria: Review of aircraft records Compliance with service bulletins Compliance with airworthiness directives Response to discrepancies on mechanical problems When maintenance is performed by an outside, FAA approved repair station, the underwriter will review that facility’s experience and qualifications. If maintenance is done in-house, the underwriter will review the qualifications and experience of personnel and available technical support to maintain the aircraft satisfactorily. When a company’s maintenance facility is an approved repair station, this is regarded favorably by the underwriter. 1.1.18 ENVIRONMENTAL CONCERNS Information about environmental rules and regulations may be obtained from the state in which a member company is based. The Federal Environmental Protection Agency (EPA) requires states to establish environmental regulations that are at least as stringent as the federal rules and to enforce such regulations. The EPA rules cover a wide range of affected areas, including clean air, clean water, storm drain permits, toxic substances such as paint removers and other volatile items, and underground storage tanks. Each state, usually at the state capital, will provide information concerning regulations within the state organization. Each aviation facility should develop a Pollution Incident Prevention (PIP) and Spill Prevention Control and Countermeasure (SPCC) Plan including a Hazardous Waste Contingency Plan. The type of aviation facility, along with local state laws, will dictate what must be included in these plans. In general, each aviation facility should have an emergency coordinator to handle all emergency response measures. This person will have to be familiar with the following: All aspects of the facility’s contingency plan and all operations activities at the facility The location and characteristics of waste handled The location of all records within the facility The facility layout In 1984, Congress responded to the increasing threat to groundwater posed by leaking Underground Storage Tanks (UST) by adding Subtitle I to the Resource Conservation and Recovery Act (RCRA). Subtitle I required the EPA to develop a comprehensive regulatory program for USTs storing petroleum or certain hazardous substances to prevent, detect and clean up releases. At the same time, Congress banned the installation of unprotected steel tanks and piping beginning in 1985. NBAA MANAGEMENT GUIDE, 2024-01 68 ADMINISTRATION In 1988, the EPA issued regulations setting minimum standards for new underground fuel tanks and requiring owners of existing tanks to upgrade, replace, or close them by December 1998. Tanks remaining in operation must have leak detection and leak prevention components. UST owners and operators are responsible for reporting and cleaning up any releases. Financial responsibility regulations ensure that, in the event of a leak or spill, an owner or operator will have the resources to pay for costs associated with cleaning up releases and compensating third parties. 1.1.19 REFERENCES FOR BUSINESS MANAGEMENT 1.1.19.0.1 FAA VIOLATION AND ENFORCEMENT PROCEDURES 1.1.19.0.1.1 Advisory Circulars 00-46D – Aviation Safety Reporting Program 00-58 – Air Carrier Voluntary Disclosure Reporting Procedures 1.1.19.0.1.2 FAA Orders 2150.3A – Compliance and Enforcement Program 8300.10 – Airworthiness Inspector’s Handbook, Vol. 2, Chapters 210–214 8700.1 – General Aviation Operations Inspector’s Handbook, Vol. 2, Chapter 55: “Inspect an Executive/Corporate Operator,” Chapters 180–184 1.1.19.0.1.3 Federal Aviation Regulations Part 13 – Investigative and Enforcement Procedures Part 61 – Certification: Pilots and Flight Instructors Part 63 – Certification: Flight Crew Members Other Than Pilots Part 65 – Certification: Airmen Other Than Flight Crew Members Part 67 – Medical Standards and Certification Part 91 – General Operating and Flight Rules Part 119 – Certification: Air Carriers & Commercial Operators Part 135 – Operating Requirements: Commuter and On-Demand Operations 1.1.19.0.2 COMPANY PRE-ACCIDENT PLAN 1.1.19.0.2.1 Publications NBAA’s Company Response to an Aviation Accident NBAA Business Aviation Fact Book, published annually FAA Aeronautical Information Manual 1.1.19.0.2.2 Regulations 49 CFR: Parts 100–179 – Department of Transportation Hazardous Materials Regulations 14 CFR: Part 830 – NTSB Notification and Reporting of Aircraft Accidents or Incidents and Records; Part 831– Accident/Incident Investigation Procedures; and Part 845– Rules of Practice in Transportation; Accident/Incident Hearings and Reports 1.1.19.0.3 CARRIAGE OF ELECTED OFFICIALS, INCLUDING CANDIDATES 1.1.19.0.3.1 Federal Aviation Regulations Part 91.321 – Carriage of Candidates in Federal Elections 1.1.19.0.3.2 Other Regulations 11 CFR – Federal Elections: Part 114 – Corporate and Labor Organization; Section 114.2 – Prohibitions on Contributions and Expenditures; Section 114.9 – Use of Corporate or Labor Organization Facilities and Means of Transportation; and Part 115 – Federal Contractors NBAA MANAGEMENT GUIDE, 2024-01 69 ADMINISTRATION 1.1.19.0.4 AVIATION SAFETY AND SECURITY 1.1.19.0.4.1 Websites NBAA Safety Information – www.nbaa.org/safety NBAA Safety Management System Information – www.nbaa.org/sms NBAA Security Information – www.nbaa.org/security Department of Homeland Security – www.dhs.gov Federal Aviation Administration – www.faa.gov/about/initiatives/sms National Transportation Safety Board – www.ntsb.gov/aviation/aviation.htm Southern California Safety Institute – www.scsi-inc.com International Business Aviation Council – www.ibac.org Transportation Security Administration – www.tsa.gov University of Southern California, Aviation Safety and Security Program – http://viterbi.usc.edu/aviation Embry-Riddle Aeronautical University – www.ec.erau.edu 1.1.19.0.4.2 Publications FAA’s Aeronautical Information Manual NBAA’s Business Aviation Insider, published bimonthly and online at www.nbaa.org/insider NBAA Update, published weekly and online at www.nbaa.org/update NBAA Flying Safety Awards Rules & Regulations, published annually, www.nbaa.org/safetyawards 1.1.19.0.4.3 Advisory Circulars 120-92B – Safety Management Systems for Aviation Service Provider NBAA MANAGEMENT GUIDE, 2024-01 70 ADMINISTRATION 1.2 Leadership 1.2.1 LEADERSHIP Effective leadership is key to the success of any organization and essential in business aviation. It is important to apply the leadership style that best suits the needs, situation, and culture of your organization. NBAA offers several resources in the area of leadership (www.nbaa.org/ admin/). The tools and resources provided here will help business aviation professionals hone their skills and help their organization achieve its vision. In addition to the resources on NBAA’s website, each year NBAA hosts a Leadership Conference comprising top thought leaders and educators on different aspects of leadership. The event is attended by flight department personnel, industry professionals, developing leaders and seasoned leaders. Your actions, regardless of your title in the organization, demonstrate your leadership skills and affect the outcomes of your organization. Therefore, all of your actions, from the most mundane to the mission critical, should be aligned with your company’s values. Utilize the NBAA tools provided and find the inspiration to step up as an aspiring (and inspiring) leader. Leadership is not a title. It is a behavior that influences others to achieve an objective. Take full ownership of your leadership role. Motivate and mentor your colleagues in their career paths and equip your team to handle whatever uncertainties lie ahead. Leaders can lead from any position one does not have to be in a position of power or manage employees to be a leader. 1.2.2 DIVERSITY, EQUITY, & INCLUSION In 2019, NBAA and its Board of Directors created and adopted the NBAA Diversity, Equity & Inclusion (DEI) statement titled, “Inclusion Fuels Our Future,” shown below: From the dawn of our modern era, aviation has thrived through a collaborative spirit. NBAA is committed to fostering an inclusive culture throughout the business aviation community that reflects this core value. Listening to diverse voices and promoting practices that enable everyone to excel isn’t just the right thing to do, it’s how our industry will remain on the forefront of innovation. When every individual feels empowered to be their authentic self, we broaden the horizons of where business aviation can go. With business aviation employers and individuals becoming more equitable and inclusive, the entire industry can be seen as a welcoming career destination, broadening the available talent pool. Diversity creates stronger ideation and innovation that can increase safety, productivity and profitability. NBAA encourages business aviation professionals to learn about the benefits of embracing DEI, and to recognize tangible DEI takeaways to create equity within your organization, tips for reducing bias in the hiring/recruiting process, and best-practice examples of inclusion and equity with a focus on aviation professionals who are also caregivers. An awareness of the above items can lead to a desire for change and the knowledge and ability to make it happen. In addition to its statement of DEI goals, the NBAA also established a Diversity, Equity & Inclusion working group under the association’s Business Aviation Management Committee (BAMC) to engage business aviation employers and individual business aviation professionals by: Creating an awareness about the need for diversity, equity and inclusion in the business aviation industry, and to help demonstrate the potential and positive impact DEI can have on the business aviation community; Generating a desire within the industry to proactively become more diverse, equitable and inclusive and to identify and reduce bias; Sharing industry success stories, best practices and resources to affect this and reinforce the need for DEI to be an ongoing and constant effort. NBAA MANAGEMENT GUIDE, 2024-01 71 ADMINISTRATION 1.2.2.1 DEFINING DIVERSITY, EQUITY, & INCLUSION 1.2.2.1.1 Diversity Is the practice of hiring, including and involving people from a range of different social and ethnic back-grounds and beliefs and of different genders, ages, sexual orientations and disabilities. 1.2.2.1.2 Equity Is the practice and stated policy of being transparent regarding hiring and evaluation practices, promotions and pay, and providing fair access to resources and support based on individual needs for team members, understanding that not all people have had the same experiences and opportunities. 1.2.2.1.3 Inclusion Refers to the formal and informal activities of business aviation employers and industry professionals and behavior toward one another that enables participation by all. Inclusion ensures the widest range of participation and voices in every aspect of one’s professional life. This participation supports each of us individually while also benefiting our industry and the broader community. Inclusion provides equal access to opportunities and resources for people who might otherwise be excluded or marginalized, and it identifies and minimizes bias while welcoming dissenting voices. True inclusion removes all barriers and encourages ideas, thoughts and collaboration from all participants. Inclusion results in a feeling of belonging and making everyone in an organization feel valued and connected to those around them. 1.2.2.2 DEIBENEFITS IN BUSINESS AVIATION “Diverse teams are more likely to constantly reexamine facts and remain objective. They may also encourage greater scrutiny of each member’s actions, keeping their joint cognitive resources sharp and vigilant. By breaking up workplace homogeneity, you can allow your employees to become more aware of their own potential biases – entrenched ways of thinking that can otherwise blind them to key information and even lead them to make errors in decision-making processes.” — David Rock and Heidi Grant,“Why Diverse Teams Are Smarter,” published November 4, 2016, in the Harvard Business Review Business aviation employers of all sizes can benefit significantly by making concerted efforts to identify and minimize bias, increase inclusion and build a more equitable work-place. When the three elements of DEI–diversity, equity and inclusion – are truly practiced, organizations lay the foundation on which to grow, expand and innovate. There also must be a commitment to train and closely maintain these elements. 1.2.2.2.1 The benefits of increasingDEIin business aviation include: Increasing Physical and Psychological Safety: Homogeneous teams of any size are more likely to see the world, risks and opportunities through the same lens, which may increase risk. Diverse teams are more likely to constantly reexamine facts and remain objective. Diverse teams, when managed correctly, can have a collective focus on the greater goals of the organization. When mutual trust exists, ideas are shared freely concerns are valued, and psychological and physical safety can increase. Increasing Productivity, Profitability, and Innovation: Ideas and innovation are inevitably drawn from team members’ personal experiences, background, understanding, successes and failures. Because each of these elements are uniquely central to an individual, invention arises from the cultivation of many broad experiences into one. A team comprised of varied individuals with dissimilar backgrounds enhances the escalation of successful products and services. A DEI-built and aware flight department is likely to bring about increased efficiency, with substantial benefits to the principal or organization. Expanding the Workforce: Due to the critical shortage of business aviation talent, expanding our workforce is an imperative. NBAA MANAGEMENT GUIDE, 2024-01 72 ADMINISTRATION 1.2.2.3 PSYCHOLOGICAL SAFETY Psychological safety is a team condition in which individual team members feel that the culture is safe for interpersonal risk-taking. Individuals must feel comfortable sharing ideas, admitting mistakes, learning from failure and vocalizing safety concerns. Psychological safety creates a culture where team members feel respected and valued, even when they share dissenting opinions. Creating psychological safety isn’t a one-time, check-the-box compliance requirement. It must be adopted, reinforced and normalized at all levels of the organization. It must become part of the culture. DEI is key to this. 1.2.2.3.1 Benefits of Psychological Safety include: 1.2.2.3.1.1 A Stronger Safety Culture and a More Effective Safety Management System Psychological safety directly impacts an employee’s willingness to self-report and fill out safety reports. Safety reports inform Safety Performance Indicators, which are a cornerstone of the Safety Assurance pillar in an organization’s Safety Management System (SMS). Team culture depends upon the psychological safety of the individuals that comprise it. Employees who do not feel comfortable speaking up will not fill out safety reports. Those who do not feel valued will not honestly answer a safety culture survey. Burnout, low morale and infrequent safety reporting are indicators of a poor safety culture. Psychological safety enhances safety culture because it enables people to ask questions and share their mistakes without fear of embarrassment or punitive action. DEI is key to team acceptance and psychological safety. 1.2.2.3.1.2 A Platform for Inclusion Inclusive leadership produces more creativity, increased productivity and a higher level of safety. How do we create inclusive teams? Part of the answer is understanding an individual’s unique experiences, looking at differences as an asset, and creating a high level of psychological safety throughout the team. Again, DEI is key. Proactive safety is highly dependent on the individuals with-in an organization. With a high level of psychological safety, the team has a sense of belonging and inclusion. This builds trust, which is fundamental to individuals in an organization working together efficiently and effectively. 1.2.2.3.1.3 A Learning Environment That Motivates Team Members Psychological safety enhances safety because it creates a learning environment where employees feel engaged and free to express themselves. It is fueled by group trust and is paramount to healthy, high-functioning teams as it allows employees to feel heard. This encourages individual motivation to participate in team collaboration. Research shows that psychologically safe employees are engaged and motivated employees. Awareness of DEI bolsters psychological safety. The culture of the team is dependent on the psychological safety of the individuals that comprise it. The building blocks of organizational safety are composed of protocols, processes and the individuals upholding them. When one building block crumbles because of an employee’s low psychological safety, the whole team’s safety is jeopardized. No person, title or position is exempt from the negative effects of low psychological safety; it can reach all levels. Creating psychological safety is strongly dependent upon leadership. It is critical for high-performing teams. DEI is key. NBAA MANAGEMENT GUIDE, 2024-01 73 ADMINISTRATION 1.2.2.3.2 Strategies to Build Psychological Safety Invite team members to participate. If you have a large team, consider creating sub-groups where people feel comfortable speaking up and assign an individual to represent the sub-group at a larger team meeting. Foster open communication by welcoming dissenting opinions. Create a learning mindset by re-framing failure. De-stigmatize failure by framing it as an important and necessary process of learning. Leaders must demonstrate the willingness to learn by failure. Demonstrate situational humility - make it safe to say “I don’t know.” Ask questions - don’t just express your opinion. Actively listen, acknowledge and show appreciation. Approach conflict with empathy and curiosity. Demonstrate transparency: collectively brainstorm next steps. Consider conducting anonymous safety culture surveys annually. Make psychological safety part of your Safety Management System. Create Safety Performance Indicators to measure and enhance a positive safety culture. Most importantly, seek feedback - often! 1.2.2.4 INCLUSIVE LEADERSHIP Inclusive leadership empowers team members to speak up, take risks, dissent, manage their own development and bring their authentic selves to work. Inclusive leaders also are collaborative, transparent and culturally agile. Most importantly, they fully embrace the vast diversity of today’s workforces and foster a workplace that promotes diverse voices and ideas. Building an inclusive environment is a critical component to attract and retain diverse talent. 1.2.2.4.1 Important attributes of inclusive leadership include: 1.2.2.4.1.1 Equality and Respect The first step to creating an equal and respectful work-place is combating bias and discrimination by recognizing it. Leaders must be acutely aware of any internal, unconscious bias that they may hold and understand that everyone carries some level of bias. If a leader admits these shortcomings, they can then take steps to correct, identify and modify shortcomings in their team. A leader should constantly evaluate how those biases impact their decisions and actions, as well as others in the workplace. The following steps can help ensure that leaders act equitably and respectfully in your day-to-day work: Listen to and value all contributions equally. Immediately address inappropriate behavior at all levels and by all team members, from outright discrimination to microaggressions. Allow people to be authentic – an honest representation of who they are as a person as expressed in their thoughts, words and actions. Learn to identify and eliminate blind spots in processes to make sure that decision-making is fair and even. Allow others equal access to setting the agenda, influencing what, and how work is done, having one’s needs and interests considered, and having one’s contributions recognized and rewarded. 1.2.2.4.1.2 Teamwork Leaders should ensure that they listen to all voices, regardless of role or seniority level. Everyone’s experiences should be taken into consideration and valued. When speaking with your team about diversity efforts, listen to these voices even more closely. If the team works more collaboratively, less-heard voices will need to be amplified. Respectfully solicit feedback if it is not volunteered and provide a safe space where you can encourage people to share stories and partake in honest discussion. 1.2.2.4.1.3 Cultural & Emotional Intelligence Empathy A leader needs to recognize and value a broad range of backgrounds and experiences and the unique qualities each individual holds. Be open to learning. Ask questions respectfully; demonstrate cultural humility and honor each person’s differences and cultures. NBAA MANAGEMENT GUIDE, 2024-01 74 ADMINISTRATION 1.2.2.4.1.4 Growth and Empowerment Take turns giving team members high-level projects to work on. See that work is divided evenly and that everyone has an opportunity to reach their potential with equitable support to achieve it. If someone on your team has a new strategy or idea, encourage them to exercise that idea while providing the coaching and tools to see it through. Give them the autonomy they need to try to get the results you both desire, and celebrate their successes. Learn from failures and demonstrate to the team it is a critical element of growth. 1.2.2.4.1.5 Psychological Safety The workplace can be a hostile place for those who are deemed “other” or “different.” Even when leaders are working to be inclusive and combat this sort of treatment, those around you may not. This can impact the mental health and well-being of a diverse team, which can ultimately impact the safety of the entire organization. Ensure that it is safe for your team to broach issues they’re experiencing in an inclusive way. If your team comes to you with the sometimes-difficult conversations, then you are creating the right kind of atmosphere. 1.2.2.4.1.6 Building Trust You want your diverse team to know that you will support them. Inclusive leaders lead by example and use both their status and position in the company to pave the way for positive change. This includes actions as well as words. For example: Admit when you make a mistake and learn from it. Showing humility is important and a key part of the learning process. Stand by your word and speak the truth. If you are transparent with your team, team members will be more likely to trust you. Use your voice to identify bad behavior and unfair practices. Start those hard conversations at a higher level. Organizations with inclusive cultures, led by inclusive leaders, gain better perspective on potential problems, imagine smarter and multi-faceted solutions, and spot the biases in what they’re creating. Establishments and teams that get both elements of diversity and inclusion right are at a huge advantage. Business aviation is no exception. Diverse and inclusive organizations, when compared to their peers, are eighty-seven percent (87%) more likely to make better decisions, according to Korn Ferry Research. In business aviation, that makes for increased efficiency, innovative solutions to historic and modern dilemmas, as well as a safety culture that creates and breeds psychological safety. 1.2.2.5 CREATING EQUITY “Equity“ and “Equality“ are very different things. Equality assumes all people in similar roles have had the same experiences and opportunities and should be given the same resources and career advancement opportunities without consideration of individual needs. Equity is the practice and stated policy of being transparent regarding hiring and evaluation practices, promotions and pay, and providing fair access to resources and support based on individual needs – understanding that not all people have had the same past-experiences and opportunities. Outcomes of an equitable organization can include: Better talent attraction Increased employee engagement Higher employee retention rates Positive business outcomes NBAA MANAGEMENT GUIDE, 2024-01 75 ADMINISTRATION The first step in creating an equitable flight department is to recognize that different team members have different needs. Once this reality has been accepted, examples of ways to create equity in the workplace can include: Providing transparency around job descriptions, wages, and career advancement paths. Being transparent and openly discussing correlations between employee performance, position and rate of pay are essential to ensuring fair compensation. Offering transparency around career advancement paths provides the roadmap for an individual to understand how to navigate available resources to achieve their desired outcomes. Adopting skills-based hiring, which acknowledges that while not everyone has had the same access to education and opportunities, their skills, previous work experience, and other qualities may make them a value-add to the team. Implementing a workforce education program that supports individual growth, success and promotion. This can include mentorship, scholarship and/or full coverage/ reimbursement for up-skilling, training, learning opportunities and more. Empower your team members so that they know what opportunities exist, how to access them and that they can feel comfortable and safe doing so. These might be aviation-specific as well as business, leadership or other educational resources and opportunities. Ensuring equitable benefits for employees to access. For example, making spousal health insurance available to all partners and offering the same parental leave benefits to all guardians. Creating equity is vital for the success and growth of today’s flight departments and business aviation employers. As an industry, our diversity efforts and benefits will not be realized if we are not first equitable and inclusive. Implementing equitable actions will result in a flight department that is not only welcoming and potentially life-changing for all team members, but also one that retains talent with safer and better results for all stakeholders. Challenging orthodoxies restricting equity is not easy. It requires empathy and vulnerability, tough conversations and constant selfreflection. Building an equitable flight department takes sustained commitment from principals, parent companies, leaders and team members – even when tough and unpopular. DEI! 1.2.2.6 REDUCING BIAS IN THE HIRING PROCESS Biases are a part of human nature, and they affect the way all individuals make decisions and act. The brain receives more information than it can consciously process. To help with this processing problem, the brain creates categories and prototypes to sort incoming information. Some of these categories are decided without an individual’s conscious agreement. In psychology, there are two main types of bias: conscious and unconscious. Conscious bias, or explicit bias, is intentional-the individual is aware of certain attitudes and the behaviors that result from them. Unconscious or implicit bias represents the set of biases that are unintentional – the individual is not aware of these attitudes and the behaviors that result from them. Because implicit bias is unintentional and often occurs with-out an individual’s knowledge, the strongest instrument to overcome it is awareness. As an individual gains knowledge of their own biases, they can begin to identify and counter them more easily. If a concerted effort is made to inform oneself and their respective teams of these often-unknown agents of influence, energies to attract and retain talent and foster inclusivity skyrocket. The first step in blocking bias is recognizing it. It’s important to ask, “Why do I think this way?” or “How might I rethink this decision?” Although mitigating bias may seem like a tall order, this is an area where small changes can have a big impact. Implementing one or several of these strategies will help individuals and teams to minimize unconscious bias, particularly in the hiring process. The area with the most opportunity and impact for countering bias is the hiring process. Below are five simple steps that can be taken to increase a hiring team’s awareness and reduce bias when recruiting new talent: NBAA MANAGEMENT GUIDE, 2024-01 76 ADMINISTRATION 1. Aim for a gender-neutral job description. For example, the words “active,” “confident,” “objective” and “driven” have a masculine connotation. Similarly, the words “honest,” “interpersonal,” “loyal” and “understanding” have a feminine connotation. Tools such as Textio (textio.com) can assist in testing the objectivity of job descriptions. 2. Practice applicant anonymity. Ask a team member unrelated to the hiring process to omit names from resumes before an individual review. Researchers from Harvard and Princeton have found that blind auditions increased the likelihood that female musicians would be hired by an orchestra from twenty-five percent (25%) to forty-six percent (46%). This is a simple tactic that can yield immediate results. 3. Ensure standardization within the hiring process. Provide all interviewers with a job-based interview template that is both measurable and uniform. People are less likely to rely on “gut feelings’’ when asking all candidates the same questions in similar order. Such standardization allows for direct comparison of responses, as opposed to variance-based interviews driven by the “feel” or dynamic between interviewer and interviewee. 4. Enlist the help of an uninterested party. If there are multiple interviewers in the hiring process, it’s wise to include an uninterested party. Consider inviting a participant who would seldom interact with the new employee. This interviewer’s viewpoint could prove to be vital as they are evaluating the candidate independent of history or desired outcome. 5. Request independent feedback from interview panelists. Many interview teams debrief as a group, which can foster confirmation bias. Instead, ask interviewers to submit their impressions in writing to the hiring manager before convening as a group. Even the most advanced and aware teams can succumb to peer influence and “groupthink” when discussing talent prospects. 1.2.2.7 UNDERSTANDING THE VALUE OF AND ACCOMMODATING CAREGIVERS IN BUSINESS AVIATION At a time when the industry is facing unprecedented shortages of qualified personnel, identifying and correcting outdated employment practices can simultaneously help expand the workforce and enhance diversity. To attract and retain talent, business aviation should continue to adapt systems and policies to meet the needs of professionals with caregiver responsibilities. The term “caregiver” refers to any individual who provides medical, physical or emotional support for family or loved ones. Caregivers are most often people who care for children (as parents or guardians), and/or chronically ill, elderly or disabled people. But these examples do not exhaust the endless iterations of possible caregiving dynamics that business aviation professionals face. Fundamentally, caregivers are individuals who are primarily and ultimately responsible for the care of family or loved ones. In contrast, secondary caregivers may help in a backup capacity. For example, secondary caregivers may be working parents considered to be the “breadwinner,” or they may support a spouse who provides elder care to an aging parent. Caregivers are not a distinct and separate group. Increasingly, most business aviation professionals face being in a caregiving situation at some point in their professional career. While the population of caregivers in business aviation is growing in direct proportion to the overall population, the needs of this group remain underrepresented. Timelines and energy requirements for individual caregivers may vary dramatically and have unique challenges. As one contrasting example, the needs of a healthy, autistic eight-year-old child may look dramatically different from those of an aging parent with dementia who requires supplemental professional care. Further, caring for a spouse recovering from a car accident will have a different timeline than caring for a spouse with a chronic or terminal illness. 1.2.2.7.1 Staffing Appropriately Take advantage of the NBAA Management Guide pilot and/or maintenance technician calculator (Pilot Staffing, Maintenance). Build a network of contract and contingent workers (i.e., maintenance technicians, cabin crew and pilots) in advance of the need for supplemental staff (Independent Contractors and Contingent Workers). Build relationships with vendors (e.g., maintenance vendors and supplemental flight operations) in advance of the need for those services. NBAA MANAGEMENT GUIDE, 2024-01 77 ADMINISTRATION 1.2.2.7.2 Providing Scheduling Transparency Encourage trip requesters to provide as much advance notice as possible. Allow teams to view department schedules in advance. Eliminate information “gatekeepers.” Provide non-vacation paid time off and/or flex time for employees, regardless of tenure or seniority. Allow some vacation to be exercised as individual days off and not as entire weeks. Explore and utilize flexible and attractive work arrangements including: Provide part-time work opportunities (for employees). Provide culturally embedded contract work opportunities (for non-employees). (Independent Contractors and Contingent Workers). Promote self-scheduling. Allow annualized, compressed or staggered hours (e.g., 4 on, 4 off). Use designated “standby” personnel in the staffing model to cover unexpected time off for other associates. Establish generous trip-swapping and shift-trading policies. Remember that a schedule structure that may be beneficial to one caregiver may be an impediment to another. Consideration and collaboration should be used to address the scheduling needs of the caregiver. The above examples should help business aviation managers understand and accommodate the needs of caregivers in their organizations. This is not a comprehensive list: empathy, understanding, and flexibility should be guiding principles to understand and address the challenges of caregivers in business aviation organizations. 1.2.2.7.3 Creating a flight department that supports caregiversIs closely tied to attracting and retaining top-tier talent. Caregivers in business aviation are typically highly capable, high-value individuals. They are adaptable and innovative; they have the capacity to solve complex caregiving problems, challenges and logistics, all of which transfer well to business aviation. They are team-oriented and often possess experience leading teams from various disciplines to overcome challenges. Finally, as their name implies, caregivers are deeply caring and reliable people who provide superior service. Adaptability, teamorientation and a caring personality are invaluable traits to employers. These qualities advance culture, people management, business strategy and operations in any organization. To attract and retain these quality individuals, employers in business aviation must create the culture and systems to create work/life harmony for caregivers moving forward. 1.2.2.8 MANAGING A DIVERSE WORKFORCE Having a more diverse team without the proper leadership will not only result in missing out on the aforementioned benefits, but it may also lead to attrition. All team members need to feel safe, seen and supported. And, we can-not state strongly enough – DEI is key! The following are imperative leadership skills for all: 1.2.2.8.1 Build Team Identification Team identification is when team members identify as part of a group unifying around a common goal such as delivering a great service to a client, or the principal, or meeting client travel needs with the greatest safety and efficiency. Everyone in the flight department needs to feel proud of being part of the team and needs to feel valued as a contributor. When this happens, people work collaboratively toward a common goal for the best outcome. 1.2.2.8.2 Create a psychologically safe environment Team members must know that their opinions and ideas are valued. They must be able to speak up and participate safely without fear of being mocked or belittled, and without repercussion. Dissent and different opinions can minimize risk and optimize return. It is the leader’s job to promote this environment and to stop bullying and intimidation. Creating a safe space might also mean evolving individual management style to allow everyone to express themselves. Some people like rapid-fire meetings, while others may prefer more time and space before contributing. NBAA MANAGEMENT GUIDE, 2024-01 78 ADMINISTRATION 1.2.2.8.3 Inclusivity Choose words wisely. Be conscientious about the tone and tenor of messaging, and always consider those on the receiving end of your communication. Similarly, be intentional and inclusive when planning team-building exercises and team events. Ensure the activities and venues are comfortable for all and not alienating. 1.2.2.8.4 Fairness Don’t be harder or easier on different team members. This can be patronizing and create resentment, as well as hold team members back. Ensure everyone on the team has equal opportunities to excel with equitable support to do so. Equal and equitable are distinctly different (For further details see Section 1.2.2.5 - CREATING EQUITY). 1.2.2.8.5 Celebrate Differences It is imperative to recognize each other’s differences while simultaneously honoring each other’s different experiences and ideas. Team members must be able to express themselves without fear of retribution, both verbally and non-verbally. It is the leader’s job to foster an environment that values diversity and immediately act if it is being violated. Make sure that everyone is being seen. Make sure to learn and genuinely care about team members’ backgrounds, motivations, goals, aspirations, hobbies and more. 1.2.2.8.6 Manager Communication Is a manager always understood by their team? Be flexible in how information is conveyed and received. Avoid jargon and minimize non-verbal communication that might be missed or misunderstood. Proper communication builds trust and confidence. Remember that communication is not one-sided, but two-sided. Good leaders listen with humble inquiry and thankfulness for participation. 1.2.2.8.7 Team Member Communication Facilitate team-building exercises that provide everyone a chance to share their stories and learn to successfully communicate – even when they have different opinions or beliefs. Facilitate conversations within the department, addressing potentially hard-todiscuss current events in a thoughtful, empathetic and compassionate way. 1.2.2.8.8 Coaching and Mentoring Build a coaching and mentoring program that’s both internal and external to the flight department or company. Being a great leader in aviation takes more than just great technical aviation skills, but strong communication, business and leadership skills. Building a bridge with coaching and mentoring programs between the greater organization and the flight department may result in exponential benefits. Leading a diverse team requires strong leadership – no different from anything else in life. If the work is done consistently and authentically, the rewards for the department, the company and/or principal – and for each individual – will be exponential 1.2.3 ETHICAL BUSINESS AVIATION TRANSACTIONS In support of the NBAA Ethical Business Aviation Transactions Statement (below) and to provide NBAA members questions to help them make good ethical decisions when buying or selling goods or services or conducting business, several NBAA Committees have prepared the following statements and questions you can ask vendors and service providers before engaging with them. The business aviation industry’s strong ethical culture has remained a unique hallmark, one deserving of both pride and attention. Embracing a culture of ethical behavior supports NBAA’s mission to foster an environment that allows business aviation to thrive in the United States and around the world. By retaining a positive image, both within the community and among the public at large, business aviation will succeed and grow. All industry participants – whether representing the buyer or the seller of any products or services – should conduct themselves in a manner that seeks to avoid even the appearance of improper behavior when engaging in business transactions. NBAAencourages business aviation professionals to become familiar with existing company policies or, in the absence of them, to develop internal policies and regularly conduct training on issues of ethical behavior. NBAA MANAGEMENT GUIDE, 2024-01 79 ADMINISTRATION These policies are broadly designed to deter wrongdoing and to promote: 1. Honest and ethical conduct including the ethical handling of actual or apparent conflicts of interest; 2. Fair, accurate, timely and understandable disclosure; and 3. Compliance with applicable governmental laws, rules and regulations. The following topics highlight, in plain English, the best ethical practices for transactions in our industry which are in addition to applicable state, federal and international laws. A good rule of thumb is to ask this question: “How would my actions appear on the front page of a national newspaper?” Would your actions appear honest, professional and ethical? Or could such exposure cast negative light on your reputation and that of your company and the industry? The terms “business aviation professional” and “company” are used below as these best practices are equally applicable to everyone in the industry-direct employees, contract employees, advisors, brokers, consultants, management companies, and other agents – who are representing a company or an individual in any transaction. 1.2.3.1 HONEST AND ETHICAL CONDUCT All business aviation professionals must always conduct him/herself in an honest and ethical manner. Everyone must consistently adhere to the highest standards of personal and professional integrity and not tolerate any attempts to deceive or evade responsibility for actions. Business aviation professionals must maintain confidentiality by avoiding inappropriate disclosure of information. 1.2.3.2 CONFLICTS OF INTEREST A “conflict of interest” occurs when a person’s private interest interferes in any way (or even appears to interfere) with that of the company the professional is representing. A conflict situation can also arise when one takes actions or has interests that may make it difficult to perform his or her work objectively and effectively. It is reasonable for companies to expect business aviation professionals representing them will perform their duties conscientiously, honestly and in the best interests of the company. Such professionals must not use their position or any knowledge gained as a result of their position for private or personal advantage. Conflicts of interest may also arise when an individual or a member of his or her family solicits, is offered, or receives improper personal benefits or emoluments (e.g., finders fees, kick-backs, undisclosed rebates or commissions) as a result of his or her position working for the company. Regardless of the circumstances, if a course of action an individual pursues risks generating a conflict of interest with the company, that person has a duty to disclose this fully to the company by immediately communicating all facts to their supervisor or in accordance with company procedures. All actual or apparent conflicts of interest between personal and professional relationships must be handled honestly and ethically. Like many industries, there are a variety of loyalty and rewards programs available to business aircraft owners and operators. NBAA recommends that business aviation professionals discuss with their supervisors the programs in which they participate and together develop processes, procedures and guidance clearly articulating expectations for program rewards and other benefits to prevent conflicts of interest. 1.2.3.3 COMPANY FUNDS AND OTHER ASSETS Business aviation professionals who have responsibility for or access to company funds in any form must follow the prescribed procedures for recording, handling and protecting money as detailed in company’s policies. Companies impose strict standards to prevent fraud and dishonesty. If a business aviation professional becomes aware of any evidence of fraud and dishonesty, they should report the information to a supervisor or follow the company’s whistleblower procedures. When a business aviation professional’s position requires spending company funds or incurring any reimbursable expenses, that individual must use good judgment on the company’s behalf to ensure that good value is received for every expenditure. A company’s funds and all other company assets are to be used only for that company’s purposes. NBAA MANAGEMENT GUIDE, 2024-01 80 ADMINISTRATION 1.2.3.4 BUSINESS RECORDS Business aviation professionals have an obligation to maintain complete and accurate business and financial records. Details of all transactions must be appropriately documented, in the proper period and in accordance with generally accepted accounting principles. Documents must be retained and destroyed in accordance with a company’s retention policy. 1.2.3.5 COMPLIANCE WITH STATE, FEDERAL AND INTERNATIONAL LAWS Business aviation professionals must be mindful of the numerous professional ethics rules (e.g., for lawyers or accountants), state and Federal laws and regulations that may apply to an individual’s or company’s activities. For example, the U.S. Foreign Corrupt Practices Act prohibits giving anything of value, directly or indirectly, to officials of foreign governments or foreign political candidates in order to obtain or retain business. Similar laws have been adopted by other countries. Business aviation professionals must avoid making illegal payments to government officials of any country. In addition, many governments have laws and regulations regarding business gratuities that may be accepted by their personnel. Further, commercial bribery (i.e., where there is no government official involved) is a criminal offense under certain state, federal and foreign laws. Business aviation professionals must familiarize themselves with the applicable rules. Violations of these laws can result in sanctions against both the individual and the company. NBAA recognizes the business aviation industry’s commitment to ethical behavior and will continue to be a leader in this effort. 1.2.3.6 BUSINESS AVIATION SAFETY ETHICS NBAA’s Safety Committee has identified ethics as a key part of professionalism, one of its Foundations for Safety. Personal integrity and character define ethical conduct – moral behavior that reflects truth and honesty in any endeavor related to our industry. To achieve the highest levels of safety performance, business aviation professionals must live by a moral code that doesn’t tolerate deceit, cheating or thievery. An organization’s unethical behavior in an area unrelated to safety can also influence employee attitudes toward ethics in ways that can damage its safety program, so leaders must demonstrate integrity in every aspect of their business to ensure the highest standards of safety performance. Maintaining and assessing individual or organizational integrity can be challenging, given pressures that exist to meet performance goals or budget targets, even without the undue influences of greed, coercion or malice. However, organizations and their leaders can earn the trust of their employees, executives and regulators by demonstrating a clear ethical compass over time. In our industry, this trust is essential, as almost all aviation work is founded on self-policing. Did the crew comply with stabilized approach criteria? Did the mechanic perform every step of the inspection? Did the scheduler/dispatcher choose the handler/fuel supplier based on the company’s policies? In each case, the organization has placed its trust in its employees to do the right thing. Organizations and their leaders are, however, not the only actors in determining whether others trust them. We have all heard the phrase “guilt by association,” reinforcing that it is up to individual decision makers to determine the organizations and individuals with whom they associate. An organization concerned with its own ethics will choose to associate itself with those individuals and organizations that share the same values. They will seek out information on new vendors or customers from any available source and remain vigilant against deals “too good to be true,” vendors unwilling to provide good-faith estimates or warranties, and customers that ask them to bend the rules. The individuals that maintain your safety culture, i.e. your employees, are watching how your organization and its leaders make decisions and will, for the most part, apply the same standard to their own actions in making their safety decisions, or leave if the organization’s standards do not measure up to their own. In the long run, the ethics demonstrated by an organization are essential to determining its safety culture, which, in turn, will directly affect the safety of its aviation operations. NBAA MANAGEMENT GUIDE, 2024-01 81 ADMINISTRATION 1.2.3.7 ETHICAL AIRCRAFT TRANSACTIONS Unlike real estate and other asset transaction service businesses, aircraft transactions (and the broader broker/dealer/ consultant business) are largely unregulated, as there is no licensing process or oversight of the industry as a whole. All participants conduct their businesses differently, and different models are acceptable as long as there is transparency and positive ethical practices in the process. A highly ethical aircraft sale or acquisition is one in which: The ultimate buyer and seller know who the participants in the transaction are Each party knows who is looking out for their specific interests The person looking out for one party’s interest is only working on their behalf, as opposed to working both sides of the same transaction Both parties are advised correctly with thorough due diligence conducted on the aircraft’s history, records and mechanical condition (An aircraft’s condition is typically evaluated through a third-party inspection facility, or if a prepurchase inspection is waived it is done with an understanding of the trade-offs of cost vs. risk) There is an aircraft purchase agreement agreed upon between buyer and seller clearly defining the terms, conditions, timelines and protocol for the transaction, and if the transaction will be conducted as a “back-to-back” transaction with an aircraft dealer taking title in the middle that it is done for a purpose with transparency to the ultimate buyer and seller. Questions to help you enter into an ethical positive aircraft sale or acquisition transaction: 1. Who are the buyer and seller representatives, if any? 2. How is your representative being paid? 3. Is your representative paying anyone else or accepting payment from anyone else in the process? 4. Will you contract with the actual buyer or seller on the other side of your transaction, or with a dealer in the middle? 5. Have you consulted an aviation attorney on ownership and tax strategies? Will the aviation attorney be involved in the contracting process of the transaction? 6. Do you know what to expect regarding transaction costs and post-closing costs to bring the aircraft up to speed for your operation (cosmetics, maintenance and avionics)? 1.2.3.8 AIR CHARTER BROKER SERVICES Safety begins from both the top-down and the bottom-up. All individuals involved in transactions and operations, including the charter broker, have a role to perform in managing safety risks. When air charter brokers conduct their business ethically, they enhance aviation safety. Aviation regulations govern what an air charter broker must disclose to charter clients. This includes: The capacity in which they are acting as the broker The name and DBAs of the operator The amount and kind of insurance they carry If a second broker is used and who they are Other disclosures must be made upon request. These include: If acting as customer’s agent, any relationship with the carrier/operator that has a bearing on selection of the carrier to operate the flight Total cost of the charter, including taxes and fees (need not be itemized) Any fees the customer must pay directly to third parties (e.g., fuel, landing, hanger, etc.) The broker must also advise the customer of any changes to these disclosures within a reasonable time of their taking place. NBAA MANAGEMENT GUIDE, 2024-01 82 ADMINISTRATION To ensure you are dealing with the right broker, consider asking the broker the following questions. 1. How do you accurately represent? 2. That you are not a direct air carrier, when that is not the case? 3. The actual quality or kind of service or type of aircraft? 4. The time specific details of the trip? 5. The safety record and certifications of pilots, aircraft or air carriers? 6. The amount of passenger insurance coverage? 7. The fees for air transportation or services in connection therewith? 8. Your relationship with relevant audit organizations? 9. The air carrier’s certification by an auditing organization? 10. The arranged agreement with the direct air carrier? 1.2.3.9 BUSINESS AVIATION AUDITOR ETHICS Auditor ethics promote a positive culture in the profession of auditing, which is defined as an independent, objective assessment of behavior and structure designed to add value and improve an organization’s operations. This process can help an organization accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes. Key questions you may want to consider when selecting an auditor for your organization are: 1. Is the auditor competent in the domain which they are assessing? 2. Does the auditor exude a professional image? 3. Is the auditor dignified and modest in explaining their perspectives? 4. Can the auditor be impartial in analyzing and assessing the areas identified within the scope of the audit? 5. Does the auditor have any business connections, interests or affiliations which might influence their judgment or impair the equitable character of their services? 6. How will the auditor ensure there will be no disclosure of information concerning the confidential business affairs or technical processes of your organization? For the purpose of this statement, Auditors can mean safety auditors, quality auditors, maintenance auditors, operations auditors, financial auditors, or any third-party consulting organization brought in to evaluate, comment and provide best practices guidance on a specific aspect of or all aspects of a flight department. 1.2.4 SUSTAINABILITY The effects of climate change have spurred a global shift towards environmental sustainability that continues to grow and spans across government, industry and personal practice. With this widespread societal movement, environmental consciousness is rapidly becoming a key tenet of any enterprise. The business aviation industry has been a leader in recognizing and addressing environmental concerns, including what is perhaps the biggest environmental challenge of our generation, mitigating the effects of anthropogenic emissions on earth’s climate. Countering the effects of emissions and noise, along with mindfully using and disposing of resources (including water) are also key aspects of sustainability. Business aviation has consistently improved and continues to enhance its environmental record through, for example, technical advancements in aircraft, engine and avionics designs, along with adoption of Sustainable Aviation Fuels (SAF). Building on this record is critical as owners and operators (including shareholders and board members), policymakers, the media and others seek to reduce their carbon footprint and enhance overall sustainability. As companies establish sustainability goals focused on environmental stewardship, their flight departments need to be aligned and help the company achieve its sustainability objectives. NBAA MANAGEMENT GUIDE, 2024-01 83 ADMINISTRATION Sustainability makes good business sense. Strategies often lead to cost savings. For example, reducing consumption of fuel, electricity and water through efficiency measures or new equipment reduces operating costs and increases return on investment. Sustainability is also increasingly important to clients, investors and employees, and it is a great driver of innovation. The NBAA encourages business aviation entities of all sizes to incorporate sustainable practices into their operations to reduce energy and resource consumption where practical. While a myriad of sustainable practices can and should be pursued, addressing greenhouse gas (GHG) emissions, particularly carbon dioxide (CO2) should be a central focus as CO2 emissions are a primary driver of climate change. Embarking on the path to sustainability may initially seem like a daunting task, however the process can be broken down into the following steps: Obtain preliminary sustainability education including familiarization with key programs, terminology, and policies. Determine your Business Aviation entity’s sustainability baseline. This requires a comprehensive assessment of current practices and includes calculating CO2 emissions. Develop and implement a comprehensive sustainability strategy to make incremental improvements against your baseline. Assess your progress at regular intervals and make adjustments as needed. This chapter of the Management Guide provides recommendations for each of these steps. 1.2.4.1 EDUCATION The first step towards making any environmentally sustainable improvements is to build the required foundational knowledge. This includes an understanding of the drivers of environmental concerns and associated strategies to address challenges. Below are some key concepts. One of the primary environmental challenges of our time is greenhouse gas emissions, particularly carbon emissions. The Greenhouse Gas Protocol has identified three categories of common sources of GHG emissions that are well understood and can be applied to the business aviation industry for the purposes of tracking and reduction. These are Scope 1, 2 and 3 emissions. Scope 1 GHG emissions are direct emissions from sources that are owned or controlled by the business aviation entity. This includes fossil fuel combustion and fuel consumption. Scope 2 GHG emissions are indirect emissions from sources that are owned or controlled by the business aviation entity. This includes emissions that result from the generation of electricity, heat or steam purchased by the entity from a utility. Scope 3 GHG emissions are indirect emissions that are the result of activities from assets not owned or controlled by the reporting organization, but that the organization indirectly impacts in its value chain. Scope 3 emissions include all sources not within an organization’s scope 1 and 2 boundaries. This includes purchased goods/services, employee travel and commuting, emissions associated with contracted solid waste disposal, investments, and leased assets. A simplified explanation is: Scope 1 - You burn it (fuel) Scope 2 - You buy it (electricity) Scope 3 - Is everything else Carbon emissions can be addressed in a variety of ways. Some of the most common tactics that a business aviation entity may encounter include, but are not limited to, the following: Sustainable Aviation Fuel - Sustainable Aviation Fuel (SAF) refers to jet fuel that is produced from renewable sources rather than refined from petroleum. It is fossil-free fuel. For emphasis: SAF is Jet fuel. NBAA MANAGEMENT GUIDE, 2024-01 84 ADMINISTRATION SAF is blended with Jet-A to meet the specs required for current turbine engine technologies (engines need some chemicals (aromatics) found in Jet-A for lubrication). The highest concentration currently allowed is 50/50, but most SAF blends available currently for business aircraft are 70% Jet-A and 30% SAF. This is changing rapidly as OEMs in coordination with producers such as NESTE as well as consumers such as SAS are now successfully operating test flights on one hundred percent (100%) SAF. Burning SAF is a direct carbon reduction. SAF made from renewable sources are the best option today to directly reduce our carbon footprint as we develop more fossil free energy sources for aircraft. SAF is the answer for companies/individuals that want to take direct action to reduce CO2. Book & Claim (SAFc) - Book & Claim, also known as SAFc, is the process by which jet operators can purchase SAF for use at an airport where it is unavailable and still receive a credit for its reductions while it is put into the fuel supply elsewhere. Operators purchase and claim the carbon savings of SAF without uploading it directly into their tanks. Fuel distributors purchase an amount of SAF from the refinery. They then sell credits (one-gallon SAF = 1 credit) to ‘green’ operators. The credit’s price is the cost difference between a gallon of Jet-A, and a gallon of SAF. The distributor sells that SAF to a local airport retail fuel outlet (FBO, airport authority, etc) at the Jet-A price. Market-Based Carbon Reduction Measures - Market-based measures are instruments designed to address the climate impact of aviation, beyond what operational and technological measures or sustainable aviation fuels can achieve. They are intended to reduce emissions as aviation moves toward solutions that directly reduce emissions through efficiency, technology and Sustainable Aviation Fuels. They are effective instruments for the reduction of greenhouse gasses and meeting climate goals. Voluntary Offsetting - Any aircraft operator can purchase carbon credits to offset their emissions. These offsets effectively reduce the carbon output. A carbon offset (or credit) is a verified reduction or avoidance of one metric ton of carbon dioxide. Each carbon credit represents independently verified reductions or avoidance of one metric ton of carbon dioxide (“mtCO2”). Typically, credits are generated from projects like forestry, renewable energy, or new efficiencies; all of which must meet the following criteria: For a carbon-reduction project to generate carbon credits, it needs to demonstrate that the achieved emission reductions or carbon dioxide removals are real, measurable, permanent, additional, independently verified, and unique. Carbon offset credits are not a simple commodity (eg: Any ton of spring wheat is equal to any other ton of spring wheat. One carbon offset isn’t necessarily equivalent to another that’s sold by the same organization). As with many products whose quality is difficult for casual buyers to assess, standards organizations have been created to ensure quality assurance. These carbon offset programs perform basic functions that include developing and approving methodologies which set criteria for the quality of carbon offset credits, review at the project level against these standards through 3rd party environmental verifiers and operate registry systems that issue, transfer, and retire offset credits that ensure transparency and no double claiming. There are a number of offset programs in the voluntary and compliance space. California (CCO) is a good example of a compliance program. All carbon credits should be verified and validated through industry leading standards. Best practice is to first consider efficiencies and other means of reducing your carbon emissions before seeking out carbon offsets. ICAO recognizes voluntary standards to ensure Carbon credit viability See below to learn more about standards accepted through CORSIA for the voluntary phase. These registries are good choices for voluntary participation. Note: There are many offset providers available in the market. By researching and speaking to your trusted advisors you can mitigate emissions and support carbon reduction projects globally that meet stringent standards and high quality program metrics. NBAA MANAGEMENT GUIDE, 2024-01 85 ADMINISTRATION Regulatory Offsetting - Depending on the destinations and frequency of flights to those destinations, some flight departments are subject to mandatory carbon-reduction laws or regulations. There are currently two such regulatory schemes which affect international flight operations. 1.2.4.1.1 CORSIA - The Carbon Offset & Reduction Scheme for International Aviation (CORSIA) is a carbon-offsetting initiative created by ICAO. The Scheme’s scope covers all flights between the 193 ICAO member states. It doesn’t cover domestic flights within the member states. Who is affected? Any operator emitting 10,000 tons CO2 (approx 1,050,000 gallons) on flights within the scope of the scheme. Most US corporate flight departments don’t emit this much in their international operations. Affected aircraft operators must offset all emissions from international flights by purchasing carbon offsets. One carbon offset equals one ton of CO2. To ensure the integrity of the scheme, ICAO set standards for the carbon offsets operators are allowed to use. These credits earn the title of CORISA-eligible offset credits. The scheme works along two separate but complementary paths. First, it adds a cost to the flight operator’s emissions, providing a cost-based incentive for reduction. Second, operators must offset the emissions. The scheme provides an instrument to make international aviation actually carbon neutral. Both paths utilize public market strategies to set the price(s) and invest resources in the areas with the highest return. 1.2.4.1.2 EU ETS - The European Union Emissions Trading Scheme (EU ETS) is an emission’s ‘permitting’ scheme enacted by the European Commission. The Scheme’s scope applies to all flights into, out of, within, and between the 27 EU Member states, their territories, Switzerland, Norway, and Iceland. Who is affected? Any operator flying more than 273 legs AND/OR emitting more than 1000 tonnes CO2 (approx 105,000 gallons of Jet fuel) on flights within the scope of the scheme. The scheme sets an economy-wide, carbon emissions' threshold (cap) for given time periods (currently 2023-25). Aircraft operators must have a permit for emissions above that cap. This ‘permit’ is called a ‘carbon allowance’ - European Union Allowance (EUA). One EUA is a permit to emit one metric ton of CO2 (104 gallons Jet-A). The EU sells EUAs through an open market – a carbon commodities exchange. The scheme, therefore, uses market forces to set a price on emitted carbon which effectively adds cost to emitting CO2. This provides a monetary incentive to decrease carbon emissions. As of June 2022, one EUA was selling for €87. A carbon allowance is not an offset. One EUA, in and of itself, doesn’t represent a reduction of 1 ton of carbon. 1.2.4.1.3 EU ETS vs. CORSIA - What is the difference between each scheme? Their scopes and their compliance mechanisms. The EU ETS covers only flights that ‘touch’ the 27 member states, Switzerland, Norway, and Iceland - this includes both international AND domestic flights. CORSIA only applies to international flights between the 193 signatory countries; it ignores domestic flights within those countries. CORSIA’s goal is to cap international aviation emissions at 2019 levels and achieve carbon neutral growth. EU ETS’s goal is to cap economy-wide emissions, not just those from aviation, and slowly reduce year-on-year, the number of allowed emissions allowances driving up the price and incentivize de-carbonization over time. Carbon Allowances are not the same thing as Carbon offsets. There are two basic mechanisms to be understood regarding allowances and offsets. Allowances are regulatory compliance units allowing an emission; they are effectively a permit to emit. Offsets are primarily voluntary units representing an actual emissions' reduction. Hence, an “allowance” allowing an emission and an “offset” providing a reduction that counteracts or offsets your emission. NBAA MANAGEMENT GUIDE, 2024-01 86 ADMINISTRATION 1.2.4.2 DETERMINING YOUR BASELINE The most significant factor of your sustainability baseline is calculating your entity’s CO2 emissions or carbon footprint. This can be as easy as hiring one of a few aviation-focused consultants to provide you with a complete carbon footprint assessment to help navigate developing a sustainable plan for your company. Other options include self-measuring your carbon footprint using a GHG Calculator or commercially available carbon calculator. If your business aviation entity is part of a larger corporate structure, it is best practice to determine what internal resources may be available. In larger organizations, these resources are typically found in the Environmental, Social and Corporate Governance (ESG) entity. Assessing and addressing the business aviation entity’s carbon footprint may seem like a formidable task. It may be helpful to conceptualize emissions from the business aviation entity by grouping activities into key emissions areas. Below are four categories into which emissions may be grouped. The below categories provide some examples of emission generating activities that a business aviation entity may encounter. These examples are not all-encompassing and serve only as points of consideration. For a comprehensive accounting of an entity’s entire carbon footprint, a sustainability professional should be consulted. Flight - Emissions related to conducting flights (e.g., carbon from jet fuel). Scope 1 emissions. Operations - Emissions related to purchasing goods/ services (e.g., employee travel/air charter). Scope 3 emissions. Ground Support - Emissions related to ground support (e.g., owned equipment, vehicles). Scope 1 emissions. Infrastructure - Emissions related to physical infra-structure (e.g., hangars, facilities’ energy and water consumption). Scope 2 emissions. Helpful references for calculating carbon emissions and reductions in each of these four areas are listed below. It is important to understand that the calculations below are recommendations but are by no means the only way to calculate emissions. There are a variety of methodologies that can be employed. Utilizing a professional sustainability consultant or internal ESG resources (if available) is recommended in order to understand the difference in available methodologies. 1.2.4.2.1 Flight: CO2 Emissions Calculation 1. Track fuel uplifts within a designated time period. This could be on an annual basis, quarterly, or according to a different time period, like fiscal year. 2. Calculate total metric tonnes CO2 emissions within the designated time period- In short, multiply all Jet-A fuel uploaded (in gallons) by 0.0096696 to get total metric tonnes of CO2. This includes any sustainable aviation fuel (SAF) and book & claim purchases, but does not consider any reductions from those purchases, or offsets (this is further addressed in the Accounting for Reductions section below). The below calculation relies on a 3.161 conversion factor, which is the factor commonly used by ICAO for calculating the CO2 emissions associated with conventional jet fuel. The formula uses this conversion factor along with weight conversions (1 Gal = 6.75lbs or 3.06kg) for jet fuel to provide the metric tonnes CO2 emissions. Total Jet-A Gallons x 0.0096696 x Total Metric Tonnes CO2 Emissions 1.2.4.2.2 Flight: Accounting for Reductions 1. Calculate any metric tonnes of CO2 emissions reduced through the purchase of sustainable aviation fuel (SAF) within the designated time period - The lifecycle emissions associated with one gallon of SAF vary depending on the blend and carbon index reduction. Important information to receive at the time of purchase includes gallon quantity, percentage of Neat SAF in fuel blend and the Neat SAF lifecycle CO2 emissions reduction index. In some cases, the blend lifecycle CO2 emissions reduction index is also provided. If that is not the case, it can be calculated using the applicable formula below as long as the previously mentioned values are provided. This does not include book & claim or offsetting. Because each purchase is different, the individual emissions savings will need to be calculated per individual purchase of SAF. To simplify this process, we recommend formatting a tracking sheet to calculate emissions savings automatically. NBAA MANAGEMENT GUIDE, 2024-01 87 ADMINISTRATION To calculate (or verify) the percentage of carbon index reduction for a given SAF Blend upload: % of Neat SAF in Fuel Blend x % Lifecycle CO2 Reduction x SAF Blend % Carbon Index Reduction To calculate the emissions savings of a single upload: SAF Blend % Carbon Index Reduction x Individual Upload Metric Tonnes CO2 Emissions = Individual Upload Metric Tonnes CO2 Emissions Reduction Example: A business aviation entity purchases a single SAF upload of 2,000 gallons SAF/conventional jet fuel blend. It contains a 30/70 blend of Neat SAF with an eighty percent (80%) lifecycle CO2 emissions reduction. The total emissions from 2,000 gallons of conventional jet fuel are 19.34 metric tonnes CO2. Considering the SAF, 30% x 80% results in a 24% carbon index reduction. 24% of 19.34 is 4.64 metric tonnes CO2 emissions reduction. In total, the entity would have a net-emissions of 14.7 metric tonnes CO2 (19.34 -4.64 = 14.7). 2. Calculate any metric tonnes of CO2 emissions reduced through the purchase of SAF via book & claim (SAFc) within the designated time period - Book & claim emissions reduction are calculated the same way as direct SAF uploads. Each purchase varies depending on the blend and carbon index reduction. Important information to receive at the time of purchase includes gallon quantity, percentage of Neat SAF in fuel blend and the Neat SAF lifecycle CO2 emissions reduction index. In some cases, the blend lifecycle CO2 emissions reduction index is also provided. If that is not the case, it can be calculated using the applicable formula above as long as the previously mentioned values are provided. Similarly, by using a tracking sheet, the total book & claim CO2 emissions reduction can be calculated by adding all individual book & claim transaction reductions together. Consider any reductions in total metric tonnes of CO2 emissions as a result of purchasing carbon offsets within the designated time period - A carbon offset must be retired after a single use. Consult your provider regarding specifics on retirement. Calculate net metric tonnes CO2 emissions within the designated time period - To calculate net metric tonnes CO2 emissions number, subtract any emissions reductions from SAF, SAF book & claim, and carbon offsets. 1.2.4.2.3 Total Metric Tonnes CO2 Emissions Equation: — Metric tonnes CO2 reduced from SAF — Metric tonnes CO2 reduced from Book and Claim — Metric tonnes CO2 reduced from Carbon Offsets = Net Metric Tonnes CO2 Emissions 1.2.4.3 OPERATIONS: CO2 EMISSIONS CALCULATION Operations can include a variety of emissions generating activities within the business aviation entity. For the purposes of NBAA Sustainable Flight Department Accreditation outlined at the end of this chapter, Operations includes employee travel via aircraft operated by a third party (i.e. airlines, charter). 1. Track employee air travel within a designated time period. This could be on an annual basis, quarterly, or according to a different time period, like fiscal year. 2. Calculate total metric tonnes CO2 emissions within the designated time period - This does not include employee travel on business aviation entity-owned and operated aircraft. This does include all business aviation entity’s employees’ travel. Only include employees who work directly for the business aviation entity (and not, for example, the larger parent organization). This calculation does not consider any reductions from offsets (this is further addressed in the Accounting for Reductions section below). The below calculation relies on the ICAO Carbon Emissions Calculator methodology for calculating CO2 emissions associated with air travel. NBAA MANAGEMENT GUIDE, 2024-01 88 ADMINISTRATION 1.2.4.3.0.1 ICAO Carbon Emission Calculator: Calculator Scheme Approved Registry Additional Specifications CORSIA American Carbon Registry (ACR) Issued to activities that started their first crediting period from 1 January 2016 and in respect of emissions reductions that occurred through 31 December 2023 Architecture for REDD + Transactions (ART) China GHG Voluntary Emission Reduction Program Issued to activities that started their first crediting period from 1 January 2016 and in respect of emissions reductions that occurred through 31 December 2020 Climate Action Reserve (CAR) Global Carbon Council (GCC) Verified Carbon Standard (VCS) The Gold Standard (GS) Using a tracking sheet, the total employee travel CO2 emissions can be calculated by adding all individual upload trip emissions together. Be sure to convert kilograms of CO2 to metric tonnes: Total kg CO2 Emissions / 1000 = Total Metric Tonnes CO2 Emissions There are other methods for determining your travel emissions, such as the Greenhouse Gas Protocol. In all calculations, there are assumptions used and averaged to determine the most accurate estimate. 1.2.4.3.1 Operations: Accounting for Reductions 1. Consider any reductions in total metric tonnes of CO2 emissions as a result of purchasing carbon offsets within the designated time period - This includes any offsets purchased to specifically offset employee travel emissions only. A carbon offset must be retired after a single use. Consult your provider regarding specifics on retirement. 2. Calculate net metric tonnes CO2 emissions within the designated time period - To calculate the final emissions number, subtract any emissions reductions and carbon offsets from the total metric tonnes of CO2 emissions. 1.2.4.3.1.1 Total Metric Tonnes CO2 Emissions Calculator: Metric tonnes CO2 reduced from commercial SAF purchases / Metric tonnes CO2 reduced from carbon offsets = Net Metric Tonnes CO2 Emissions 1.2.4.3.2 Ground Support: CO2 Emissions Calculation 1.2.4.3.3 Track fuel uploads within a designated time period. This could be on an annual basis, quarterly, or according to a different time period, like fiscal year. 1. Calculate total metric tonnes CO2 emissions within the designated time period- This includes all fuel uploaded to all owned, or leased combustion vehicles. This includes any alternative fuel or biodiesel purchases, but does not consider any reductions from those purchases, or offsets (this is further addressed in the Accounting for Reductions section below). The below calculation relies on the Environmental Protection Agency’s (EPA) greenhouse gas emissions from a gallon of gasoline. Refer to the EPA’s latest information to conduct the calculation (https://www.epa.gov). Total Gallons (Gasoline or Diesel) x Gasoline or Diesel kg CO2 per gallon conversion = Total kg CO2 Emissions Then, convert kilograms to metric tonnes: Total kg CO2 Emissions / 1000 = Total Metric Tonnes CO2 Emissions NBAA MANAGEMENT GUIDE, 2024-01 89 ADMINISTRATION 1.2.4.3.4 Ground Support: Accounting for Reductions 1. Calculate total metric tonnes of CO2 emissions reduced through the purchase of alternative fuels within the designated time period - The emissions' reduction associated with one gallon of alternative fuel varies depending on a multitude of factors. Important information received at the time of purchase should allow a business aviation entity to estimate CO2 emissions reduction. This does not include offsetting. Alternative fuels are not all the same, therefore the individual emissions savings will likely need to be calculated per individual purchase. To simplify this process, we recommend formatting a tracking sheet to calculate emissions savings totals. 2. Consider any reductions in total metric tonnes of CO2 emissions as a result of purchasing carbon off-sets within the designated time period - This includes any offsets purchased to specifically offset ground support emissions only. A carbon offset must be retired after a single use. Consult your provider regarding specifics on retirement. 3. Calculate net metric tonnes CO2 emissions within the designated time period - To calculate the final emissions number, subtract any emissions reductions from alternative fuels and carbon offsets from the total metric tonnes of CO2 emissions. Total Metric Tonnes CO2 Emissions — Metric tonnes CO2 reduced from alternative fuels — Metric tonnes CO2 reduced from carbon offsets = Total kg CO2 Emissions 1.2.4.3.5 Infrastructure: CO2 Emissions Calculation 1. Track kilowatts of energy usage within a designated time period. This could be on an annual basis, quarterly, or according to a different time period, like fiscal year. 2. Calculate total kilowatts of energy usage within the designated time period - This includes all energy consumption (in the form of electricity) within all owned or leased business aviation entity infrastructure. This includes any renewable energy purchases. 1.2.4.3.6 Infrastructure: Accounting for Reductions 1. Subtract total kilowatts of renewable energy usage within the designated time period - This includes any energy consumption from renewable resources. Total Energy Kilowatts — Total Energy Kilowatts Sourced from Renewables = Net Energy Kilowatts Sourced from Non-renewables Sources 2. Convert total kilowatts from non-renewable sources to tonnes of CO2 emissions within the designated time period - The EPA’s website has a number of calculators that can provide emissions equivalencies by inputting kilowatts of energy (https://www.epa.gov). 3. Consider and subtract any reductions in net metric tonnes of CO2 emissions as a result of purchasing car- bon offsets to be applied within the designated time period - This includes any offsets purchased to specifically offset infrastructure emissions only. A carbon offset must be retired after a single use. Consult your provider regarding specifics on retirement. Using a tracking sheet, the total carbon offsets CO2 emissions reductions (attributed to offsets as provided by the seller) can be calculated by adding all carbon offsets reductions together. Subtract this total from the total metric tonnes CO2 emissions from non-renewable energy sources to calculate the net infrastructure metric tonnes CO2 emissions from non-renewable energy sources. Total Infrastructure Metric Tonnes CO2 Emissions from Non-renewables Energy Sources — Metric tonnes CO2 reduced from carbon offsets = Net Infrastructure Metric Tonnes CO2 Emissions from Non-renewables Energy Sources 1 ICAO calculates 3.16 pounds of CO2 produced for every pound of conventional jet fuel burned. NBAA MANAGEMENT GUIDE, 2024-01 90 ADMINISTRATION 1.2.4.4 SUSTAINABILITY STRATEGY & IMPLEMENTATION Once you have assessed your carbon footprint, you will have a reference point upon which to focus specific efficiency and emissions reducing efforts. A sustainability strategy is an all-encompassing picture of your business aviation entity’s past, present and future sustainability initiatives. It is a chance to detail the entity’s commitment to environmental sustainability and effort to foster a sustainability culture. It is important that the strategy should be written as a comprehensive reflection and detail realistic incremental goals. If the business aviation entity is part of a larger corporate structure, it is best practice for the entity to consult with the company’s ESG department to ensure alignment of strategy and goals. A comprehensive sustainability strategy may contain, but is not limited to, the following basic elements: 1.2.4.4.1 Corporate Values and Goals - The goal is to ensure sustainability goals are rooted in your business aviation entity’s established values. Identify the business aviation entity’s values (or parent organization’s values) and clarify how environmental objectives detailed through the sustainability strategy align with those values. Articulate an environmental vision statement tailored to the scope and size of the business aviation entity. Examples could include long-range aspirations, such as addressing Scope 3 emissions, long-term partnerships with appropriate stakeholder to ensure comprehensive greenhouse gas reductions, sustainable aviation fuel (SAF) partnerships or reducing reliance on offsetting. Identify your business aviation entity’s environmental goals. The goals may pertain to overarching entity sustainability, or focus on a particular area for improvement such as flight, operations, ground support or infrastructure. When creating goals, consider your current footprint (greenhouse gas (GHG) emissions, waste, etc.), areas of potential reduction, areas to transition to eco-friendly alternatives, and remaining areas that may require offsetting. Goals should include: Benchmarks or milestones Timelines – Distinguish between short and long-term aspirational goals. Near-term goals should contain more substance and detailed approaches for achieving them. A metric for measuring the status of those goals, also including regular internal way-points to measure progress toward long term goals. 1.2.4.4.2 People and Education Programs - The goal is to foster your business aviation entity’s sustainability culture through education and incentives. Identify a sustainability champion – You should designate a specific position or team and define their role(s) and responsibilities. Examples include ensuring the business aviation entity has formal sustainability training, progress reports, and tying sustainability goals to this position’s performance or compensation. Create a training and education plan, which should include: Training frequency (should be recurring) Objectives covered during training (should, at a minimum, include: individual emissions accounting, accounting for SAF, carbon offsetting) Any education and training requirements Training and education, future plans and progress reports. This could include: Completed training data Employee feedback or survey data Upcoming training plans or ideas for implementation Create employee incentives and seek feed-back. This should include a summary of all incentives and the reception from employees. Examples to consider include employee challenges, the use of social media and incentivize external education. NBAA MANAGEMENT GUIDE, 2024-01 91 ADMINISTRATION 1.2.4.4.3 Sustainability Recognition Initiatives - The goal is to encourage employee and partner engagement by celebrating their successes and contributions to your business aviation entity’s sustainability goals. Identify employee recognition efforts. This summary should include any recognition efforts for employees and describe the awards program. How employees are identified and selected for recognition When, how and where they are recognize Identify partner recognition efforts. This summary should include any recognition efforts for partners and vendors, and describe the awards program. How partners or vendors are identified and selected for recognition When, how and where they are recognized 1.2.4.4.4 Organizational Partners and Vendor Analysis - The goal is to include environmental sustainability as part of the process for working with vendors and seeking partnerships. Review partners and vendors to identify those with sustainability goals and initiatives and conduct an analysis. For those that have been identified, provide a description that includes: Summary of partners’ and vendors’ sustainability program or goals, including future initiatives Identify any local vendors Ideally, mention the use of any sustainable products created by a given vendor If a partner or vendor is lacking in their sustainability efforts, summarize how you have communicated with them in order to foster prioritizing sustainability Identify procedures to ensure sustainable products are purchased and sustainability is encouraged and prioritized. Ideally, mention if your vendor RFP process takes sustainability into consideration 1.2.4.4.5 Community Partners - The goal is to engage with your community and better understand and foster local sustainability initiatives. Assess community initiatives where the business aviation entity employees can promote sustainability, and create opportunities for employees to participate. A summary of these engagement initiatives should address any initiatives already in place, or planned future initiatives, including: Types of initiatives and project descriptions Identify benefits to the business aviation entity, employees and society in general Frequency of these activities Any feedback from employees 1.2.4.4.6 Emerging Technologies – The goal is to encourage the use of new technologies in order to reduce green-house gas emissions and other environmental impacts and stimulate the market for new sustainable products. Summarize new technologies investigated or implemented to advance sustainability, which should include: Estimate of expected environmental and/or economic benefits Timeline to implementation NBAA MANAGEMENT GUIDE, 2024-01 92 ADMINISTRATION In addition to the above basic elements, a comprehensive sustainability strategy should address goals in four key areas: flight, operations, ground support and infrastructure. It is important to ensure that goals are realistic and aligned with broader company strategy (where applicable). If feasible, it may be beneficial to focus more intensively on one of the key areas during the initial development of the sustainability strategy and incorporate a phased approach to addressing the others over a set time period. Key areas and their associated sustainability strategy components are as follows: 1.2.4.4.7 Flight - Emissions related to conducting flights (e.g., carbon from jet fuel). Scope 1 emissions. Total Emissions – The goal is to better understand your business aviation entity’s emissions footprint by investigating Scope 1 emissions. This will require: A summary of your business aviation entity’s current emissions within a designated time period (baseline). A summary of your business aviation entity’s methods to track and reduce emissions, including: The method with which CO2 emissions were calculated and tracked (e.g. business aviation entity sustainability officer, consulting service, etc.). Identify existing procedures to reduce emissions, if applicable. Identify future plans to reduce or offset business aviation emissions. EU-ETS – Consider whether your business aviation entity must comply with EU-ETS requirements. Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) – Consider whether your business aviation entity must comply with CORSIA requirements. Sustainable Aviation Fuel (SAF) – If your business aviation entity is claiming emissions reductions from SAF purchase(s), emissions savings information should be identified. Additional information, such as the location purchased or how the purchase contributes to your entity’s goals, is encouraged Book & Claim (SAFc) – If your business aviation entity is claiming emissions reductions from SAF via book & claim transaction(s), emissions savings information should be identified. Additional information, such as the location purchased or how the purchase contributes to your business aviation entity’s goals, is encouraged. Carbon Offsets – If your business aviation entity is claiming a reduction in net emissions from carbon off-setting purchase(s), information such as the volume of carbon credits in metric tons, project name and details, retirement details and how the purchase contributes to your business aviation entity’s goals should be addressed. New Aircraft Acquisition (Including Lease) If sustainability requirements were included in a recent upgrade or overhaul process, summarize any environmental improvements realized as a result. If your business aviation entity plans to upgrade or overhaul the aircraft, summarize any environmental requirements or considerations included in the process. Inflight Cabin Service – The goal is to analyze the impact on sustainability of any potential improvements to cabin service, while ensuring that practices reducing waste do not lead to increased emissions. Analyze your in-flight service procedures and summarize the current procedures addressing waste and waste reduction. Identify areas where waste reduction could be decreased and create a list of current products and any potential substitutions and goals. Analyze current plastic waste and summarize the process to select eco-conscious products, packaging and reduce plastic waste for in-flight services. This should include mention of a recycling or composting program for inflight waste, if possible. NBAA MANAGEMENT GUIDE, 2024-01 93 ADMINISTRATION 1.2.4.4.8 Operations - Emissions related to purchasing goods/ser- vices (e.g., employee travel/air charter). Scope 3 emissions. Total Employee Air Travel Emissions – The goal is to address emissions as a result of employee air travel within a designated time period. These Scope 3 emissions may also be addressed by another entity in the value chain, but identifying this may be part of a longer- term strategy. This will require: A summary of your business aviation entity’s current total emissions within a designated time period (baseline). A summary of your business aviation entity’s methods to track and reduce emissions, including: The method with which CO2 emissions were calculated and tracked (e.g. business aviation entity sustainability officer, consulting service, etc.). Identify existing procedures to reduce emissions, if applicable. Identify future plans to minimize business aviation entity employee travel emissions. Reference the goals above, if applicable (e.g. video conferencing, selecting flights including GHG considerations, selecting flights based on the use of SAF, carbon offsetting, etc.). Employee Commuting – Summarize any emissions data from employee commuting and reductions achieved through educational efforts. Carbon Offsets – If your business aviation entity is claiming a reduction in net emissions from carbon off-setting purchase(s), information such as the volume of carbon credits in metric tons, project name and details, retirement details and how the purchase contributes to your business aviation entity’s goals should be addressed. Employee Ground Transportation Emissions – Summarize any emissions data from employee ground transportation for work and reductions achieved through sustainability awareness and educational efforts. Individual Employee Travel Sustainability Culture – Identify any actions (i.e. educational programs, procedures, technology, incentives, etc.) implemented to encourage individuals to track their own emissions. Waste Reduction Analysis – The goal is to address physical waste as part of a business aviation entity’s sustainability initiatives. A summary of your business aviation entity’s waste reduction strategy should describe the activities and strategies used to transition to more sustainable materials and minimize the amount of hazardous waste generated and solid waste being sent to landfill, including: Identify current processes and problem areas where waste production could be decreased. Identify any eco-conscious packaged products to reduce plastic waste and the process to choose more of these ecoconscious products in the future. Identify any business aviation entity procedures to minimize printing by transitioning to digital records and providing bins to recycle paper waste Identify any procedures to recycle ink cartridges when you are unable to eliminate printing documents. Summarize your recycling program – location and number of bins, education about materials to be recycled, any composting. Identify any procedures that reduce or eliminate the use of disposable plastics. 1.2.4.4.9 Ground Support – Emissions related to ground support (e.g., owned equipment, vehicles). Scope 1 Emissions Total Ground Support Emissions – The goal is to better understand your business aviation entity’s emissions footprint by investigating Scope 1 emissions. This will require: A summary of your business aviation entity’s current total emissions within a designated time period(baseline). A summary of your business aviation entity’s methods to track and reduce emissions, including: The method with which CO2 emissions were calculated and tracked (e.g. business aviation entity sustainability officer, consulting service, etc.). Identify existing procedures to reduce emissions, if applicable. Identify future plans to minimize employee travel emissions. Reference the goals above, if applicable (e.g. video conferencing, carbon offsetting, etc.). NBAA MANAGEMENT GUIDE, 2024-01 94 ADMINISTRATION Alternative Fuels - If your business aviation entity is claiming emissions reductions from alternative fuel purchase(s), emissions savings information should be identified. Additional information, such as the vendor purchased from or how the purchase contributes to your entity’s goals, is encouraged. Carbon Offsets - If your business aviation entity is claiming a reduction in net emissions from carbon off- setting purchase(s), information such as the volume of carbon credits in metric tons, project name and details, retirement details and how the purchase contributes to your business aviation entity’s goals should be addressed. New Ground Support Acquisition (Including Lease) If sustainability requirements were included in a recent upgrade or overhaul process, summarize any environmental improvements realized as a result, or any product information regarding the improved environmental impact of a new piece of equipment.If your business aviation entity plans to upgrade or overhaul the aircraft, summarize any environmental requirements or considerations to be included in the process. Spill Prevention Control and Mitigation Plan – The goal of this requirement is to ensure all federal, state and local ordinances are followed regarding spill control and mitigation. Summarize your business aviation entity’s spill prevention, control and mitigation plan by describing the following: The procedures required by law. Any additional procedures used by the business aviation entity that go beyond legal requirements. Employee training on spill prevention, control and mitigation plan (frequency, length, optional or mandatory, etc.). The business aviation entity’s deicing fluid capture and recycling program (e.g. program process or steps, total fluid recycled, etc.). 1.2.4.4.10 Infrastructure - Emissions related to physical infrastructure (e.g., hangars, facilities’ energy and water consumption). Scope 2 Emissions Total Energy Usage Emissions and Energy Efficiency – The goal is to address Scope 2 emissions as a result of infrastructure. This will require: A summary of your business aviation entity’s current total emissions within a designated time period (baseline). A summary of your business aviation entity’s methods to track and reduce emissions, including: The method with which CO2 emissions were calculated and tracked (e.g. business aviation entity sustainability officer, consulting service, etc.). Identify existing procedures to reduce emissions, if applicable. Identify future plans to reduce fossil fuel energy consumption. Reference the goals above, if applicable (e.g. reduction of energy usage, purchasing renewable energy, offsetting strategies, etc.). Consider any infrastructure or appliances certified or recognized as meeting an environmentally sustainable standard and their use in the operation. Renewable Energy Solutions - Summarize or list any renewable energy solutions implemented. Carbon Offsets - If your business aviation entity is claiming a reduction in net emissions from carbon off-setting purchase(s), information such as the volume of carbon credits in metric tons, project name and details, retirement details and how the purchase contributes to your business aviation entity’s goals should be addressed. Water Management Techniques – The goal of this requirement is to ensure that water management is addressed as part of a business aviation entity’s sustainability initiatives. This will require: A summary of your business aviation entity’s water usage. This includes: Total quantity used in gallons within a designated time period. A summary of activities that use water (i.e. landscape irrigation, aircraft washing, facilities & restrooms, etc.). A summary or list any water use reduction solutions implemented. NBAA MANAGEMENT GUIDE, 2024-01 95 ADMINISTRATION Indoor Air Quality – The goal is to consider air quality as part of a business aviation entity’s sustainability initiatives. This will require: A summary of the indoor air quality assessment process, including: Identifying services utilized to conduct assessments. Identifying any documented results, recommendations, or feedback. Identifying any solutions implemented or ones that are being. Infrastructure Resiliency – The goal is to consider the importance of infrastructure resiliency as a critical part of protecting communities and resources amidst changing climate conditions. This will require: A summary of the infrastructure resiliency assessment process, including: Identifying services utilized to conduct assessments. Identifying any documented results, recommendations, or feedback. Identifying any solutions implemented or ones that are being planned. 1.2.4.5 ENVIRONMENTAL SUSTAINABILITY TACTICS There are a variety of environmental sustainability tactics that the business aviation entity may choose to explore and incorporate into their sustainability strategy. Below are suggestions for consideration. 1.2.4.5.1 Flight - Emissions related to conducting flights (e.g., carbon from jet fuel). Scope 1 Emissions With current fuel and engine technologies, carbon-free flight is not yet entirely achievable. At this time, there’s no single solution to eliminate CO2 and other particulate emissions. It’s incumbent, therefore, to look for even the slightest inefficiencies; if we pick up every ‘wrapper’ and every ‘paper cup’ the sum effect is significant. To create a sustainable flight operation, flight departments are challenged to review the manner in which they operate, analyze the effects of incremental changes, and implement changes to policies, procedures and processes where practical. Below are suggestions for addressing some flight related emissions: Finding Efficiencies - Flight departments can realize some carbon savings (aka: Fuel and cost savings) by making their operations more efficient. Often what is good for the environment is also good for the bottom line. Below are some efficiency best practices. Establishing Sustainable Policies and Procedures (SOPs) - Unlike other methods of emissions reductions that may carry an additional cost, such as carbon offsets, SOPs that are developed to reduce fuel burn (therefore, emissions) directly lower operating cost. SOPs that promote the reuse of materials or employ upgraded technologies can also lower long-term operating expenses while simultaneously reducing the impact on the environment. For example, in some aircraft types, employing single-engine taxi procedures can serve to not only reduce the amount of fuel consumed during taxi or ground delay, but it can also reduce the impact and wear on brake assemblies through reduced thrust during taxi. The lifespan of the brakes is also increased, reducing replacement costs as well as the resources used to manufacture new assemblies. Specifically, SOPs around use of long range cruise or establishing a specific Mach to be flown for a certain mission or building SOPs that optimize climb and descent profiles can have a significant impact on reducing fuel burn and therefore overall emissions. Sustainable SOPs can also be established to provide guidance for the use of Ground Power Units (GPU) or Auxiliary Power Units (APU). NBAA MANAGEMENT GUIDE, 2024-01 96 ADMINISTRATION Additionally, establishing SOPs that optimize tankering and/ or limit excess fuel reserves, cabin stock or limitations on passenger baggage weight can result in increased efficiency (aka: Fuel savings). Leveraging Technologies to Address Sustainability - Across the spectrum of aircraft models any modification that reduces drag, reduces weight, or uses flight time more efficiently helps to reduce fuel use. Winglets, vortex generators, upgraded GPS based navigation systems, RVSM certification, improved propellers, engine mods like an upgrade to FADEC, all of these are examples of modifications that increase fuel use efficiency. In addition to upgrading, when it’s time for acquiring new aircraft, OEMs provide a large volume of information on the aircraft’s advances as well as the manufacturer’s commitment and metrics toward their own sustainable practices. Sustainable flight departments will consider not only the added efficiencies of the aircraft but also the manufacturer’s production sustainability (reduced energy use, reduced waste, sustainable materials (eg: bamboo vs. mahogany, composites vs. mined metals). Look for facilities with good LEEDS ratings. Sustainability is a partnership; no one has all the answers or can fix the issues alone. Therefore, its incumbent upon flight departments reduce their environmental and social impacts horizontally, from the suppliers to the final touchdown. Flight Planning Tools - A sustainable flight planning tool simply helps flight planners (dispatchers, pilots) be more efficient; plan flights using the least amount of gas and/or environmental effects (contrails). Although all flight planning platforms provide route and fuel burn information, a sustainable tool focuses on optimization with fuel consumption (CO2 emissions) in mind. This might include tankering optimization, route (altitude) optimization, or (in the near future) even contrail avoidance. To date, there’s no single, sustainable flight planning tool. For instance, Fuelerlink can provide tankering optimization while ForeFlight gives optimized routing and altitude. Vendors are working to improve their services, but until that time pilots and dispatchers will need to blend the available services for best results ATC - With FANS 1/A+ and PM-CPDLC (Europe) coming online, aircraft with avionics that can participate will reap significant benefits from lower energy use. The upgraded ATC system is designed to reduce ground time with sped up clearances and fewer taxi holds, reduce flying time with more frequent direct routings, and provide preferred oceanic and US domestic crossing tracks to name a few. Since FANS 1/A+ initiation in 2016, the FAA records indicate a savings of 2.44 million minutes of radio time, 1.7 M minutes of airspace user time, and 20.06 Million metric tonnes of CO2 due to reduced ground fuel burn (APU, engines), reduced ATC instruction to application time, more direct routing, fewer delays on arrival. Once FANS 1/A+ is fully implemented, the cost savings through reduced fuel use could well offset the costs of the improved avionics over the life of the system. Purchase/Uplift Sustainable Aircraft Fuel Purchase SAF-C (Book & Claim) Purchase Carbon Offsets 1.2.4.5.2 Operations - Emissions related to purchasing goods/services (e.g., employee travel/air charter). Scope 3 Emissions Below are suggestions for addressing some operations related emissions: Employee Air Travel Emissions Reduction Tactics Establish a Green Travel Program that baselines and tracks CO2 emissions Choose Trains over Air Travel where possible Use E Vehicle over air travel for shorter trips Use Airlines with effective carbon emission strategies Plan non-stop flights Avoid first-class cabin Build a travel approval policy that analyzes necessity vs. emissions Virtual meetings, when appropriate NBAA MANAGEMENT GUIDE, 2024-01 97 ADMINISTRATION Employee Ground Travel Emissions Reduction Tactics Carpooling to/from work Utilizing public transportation Incentivize with company-sponsored passes Drive during off-peak times Utilize GPS with traffic data Install charging stations for E-Vehicle to incentivize E-Vehicle ownership Incentivize biking, walking, moving closer to the office, remote working Business Travel Choose a hotel location that reduces ground movement Use green-certified accommodations Use public transportation If a rental car is required, consider E-Vehicle Choose ride-sharing over individual vehicle requests on apps Use public transportation Purchase Carbon Offsets 1.2.4.5.3 Ground Support - Emissions related to ground support (e.g., owned equipment, vehicles). Scope 1 emissions. It is best practice to research your region for potential new ideas, manufacturers, and green-focused service providers. This relatively new market has many emerging products, operational equipment, and green service companies, locally, regionally, or globally. Below are suggestions for addressing some ground support related emissions: Company-Owned Ground Equipment: Replace with battery-operated equipment, solar panels for battery charging, and sustainable fuel Company-Owned Vehicles: Renewable diesel. Replace with battery-operated equipment solar panel for battery charging Other Company-Owned Assets: Replace with battery operated equipment, or sustainable fuel for aircraft, electric GPU Purchase Alternative Fuel Purchase Carbon Offsets 1.2.4.5.4 Infrastructure - Emissions related to physical infrastructure (e.g., hangars, facilities’ energy and water consumption). Scope 2 Emissions Reduce energy use. From installing ENERGY STAR products and appliances to using LED light bulbs and automatic taps, reducing waste will increase your efficiency, save energy money, and contribute to overall business sustainability. You can even start small: encourage employees in energy-saving practices such as turning off lights, carpooling, or telecommuting whenever possible. Below are suggestions for addressing some infrastructure related emissions: Installing motion sensors on all lights. Encouraging employees to turn off computers when not in use. Stopping the use of computer screensavers (keeps computers on). Investing in solar energy Utilizing LED Lights NBAA MANAGEMENT GUIDE, 2024-01 98 ADMINISTRATION Efficiency upgrades: SustainableHVAC System: Geothermal Heat Pumps https://www.energy.gov/energysaver/geothermal-heatpumps Efficiency upgrades for air condition systems Hydronic Radiant Heating and Cooling Utilizing ENERGY STAR recommended products https://www.energystar.gov/products/products_list Purchasing energy from a green power program with your local utility clean energy electric company Using hangar or building rooftops for solar panels to generate clean electricity for your use. Note: Some companies will install at no charge and pay leases for your rooftops. Your company can finance the installation, establish Power Purchase Agreements with local power companies, and use the revenue to pay for the cost. Once paid in full, the business would have a new revenue stream. Consider reviewing your rights to claim renewable energy and reduction with these types of programs. Purchasing Carbon Offsets 1.2.4.6 ASSESSMENT OF PROGRESS & REVISIONS The Sustainability Strategy and goals set therein should be assessed at regular intervals. Business aviation entities should determine the following: If the goals contained in the strategy are still aligned with broader corporate goals (if applicable) If the strategy and its mechanics are still reflective of the business aviation entity If the goals are being met If any adjustments should be made to the sustainability strategy based on the outcome of the above assessment items Adjustments made to the strategy should be communicated to the members of the business aviation entity and other key stakeholders. 1.2.4.7 BUILDING A SUSTAINABLE CULTURE A critical aspect to the success of a sustainability strategy will be the culture within the business aviation entity. The goal is to have sustainable practices and pursuits to become so commonplace within the entity that they are the rule as opposed to a novel exception. One of the most common challenges any organization faces will always be change. As a business aviation entity embarks on the journey of sustainability, there are three potential groups that may be encountered in regard to sustainability and environmental stewardship: Group 1. Passionate advocates. Group 2. Those who do not understand sustainability. Group 3. Those who do not care. 1.2.4.7.1 Considerations for your Sustainable Culture Journey Survey your employee pool. Knowing where employees fall regarding sustainability can help you design how to communicate and engage and what materials you need to shift the collective average to support sustainability. Include employees and start a workgroup, so they may have input and a sense of ownership in building your sustainability plan. This first start can be both rewarding to individuals and hugely advantageous to building a sustainable culture for the company. Distribute the plan to all workers for feedback. Plan meetings and groups to educate and encourage sustainable practices. Enforce the mission of the company’s commitment to a sustainable culture. NBAA MANAGEMENT GUIDE, 2024-01 99 ADMINISTRATION Employee engagement is key to implementing a sustainable culture for business, your facility, and operations. Employees can be inspired and supported to think sustainably about their work and how they will implement sustainable practices. Positive behaviors can be incentivized through recognition programs or by tying to compensation. Below are some recommendations to aid and grow an organization’s culture of sustainability. Promote Sustainable Behaviors Goal: Employees reduce energy consumption. Suggestion: Install motion detection lights. Suggestion: Discourage screensavers setting monitors or laptops. Transition to “sleep” mode after a specific period of inactivity. Suggestion: Encourage employees to turn off computers and unplug power strips when they leave the office by creating a visible check mark at the workstation. This will recognize employees for engaging in sustainable practice. Goal: Employees practice sustainable or reduced commuting such as: utilizing carpooling, cycling, walking, public transit, or remote work. Suggestion: Company provides perks to encourage the use of public or environmentally friendly transportation. Suggestion: Based on the employee's location, utilize ride-sharing apps or rental car companies offering employee van-pooling. Suggestion: When able, allow employees to telecommute/work remotely full time, on certain days of the week, or as needed. Goal: Employees reduce waste. Suggestion: Provided dishes, silverware and glasses available for onsite employee use that can be washed and reused as opposed to disposable (paper/plastic). Suggestion: Set printers for double-sided printing to reduce paper usage. Suggestion: Install or set up a water cooler or filtration system to reduce employees’ consumption of bottled water. Suggestion: Go paperless where possible by circulating communications, manuals, and other materials online rather than using paper copies. Suggestion: When paper is the only option, use post-consumer waste products (PCW or recycled). 1.2.4.8 NBAA SUSTAINABLE FLIGHT DEPARTMENT ACCREDITATION PROGRAM The NBAA’s Sustainable Flight Department Accreditation Program identifies business aviation organizations meeting exceptional environmental sustainability standards. The goal of this accreditation program is to further advance a sustainability culture in the business aviation community. The program recognizes those that meet or exceed specified criteria in the following areas: Flight - Reducing environmental impact as a result of conducting flights (e.g., carbon emissions) and creating efficiencies Operations - Optimizing a sustainability culture focusing on personnel and environmental programs (e.g., recycling, reduction of resources). Ground Support - Implementing sustainable strategies related to ground support (e.g., equipment, vehicles) and selecting vendors that do the same. Infrastructure - Advancing sustainability through physical infrastructure (e.g., hangars, facilities’ energy, and water consumption). NBAA MANAGEMENT GUIDE, 2024-01 100 ADMINISTRATION The accreditation program encourages participating entities to think and act critically, implementing as many sustainability strategies as possible while recognizing the diversity of business aviation operations. The overarching objective is to reduce carbon emissions first, and then offset when reduction is not possible. The Sustainability Flight Department Accreditation program requirements set applicants on a path to achieve a reduction of one-quarter (25%) CO2 emissions. To achieve initial accreditation, a business aviation entity must document a minimum of 10% carbon emissions reduction or offsetting as compared to their baseline year emissions output. For more information on the Sustainable Flight Department Accreditation Program please visit: The NBAA Sustainable Flight Department Program 1.2.5 REFERENCES FOR LEADERSHIP [RESERVED FOR FUTURE USE] NBAA MANAGEMENT GUIDE, 2024-01 101 ADMINISTRATION 1.3 Human Resources (HR) 1.3.1 DEPARTMENT STAFFING GUIDELINES Staffing of the aviation department should be a joint effort between the company personnel (or human resources) department and the aviation department manager. The personnel department provides the expertise necessary to ensure compliance with Federal and state employment regulations and conformity with company standards. The aviation department manager has personal knowledge of the unique requirements relating to the Federal Aviation Administration’s (FAA’s) aviation requirements and skills. Between the two, procedures for recruitment, applications, interviews, reference checks, certification, flight checks and employment can be established. Recruiting organizations that specialize in aviation personnel may be engaged to assist with the selection and hiring of personnel. The recruiting and hiring procedures of the company must be adapted to the needs of the aviation department by allowing the aviation department manager to participate in the selection process and have the final word on who is hired. The aviation department manager’s duties include flight checks or other practical tests, where appropriate. 1.3.1.1 LAW REGARDING EEO In addition to credentials (certificates), criteria for employee selection should include work in the aviation environment on typical company schedules. Some companies use psychological profile tests to screen potential employees. These can prove especially helpful when filling positions that require contact with the public. A pre-employment physical examination by a company-designated physician also is recommended for aviation personnel. Company specific physiological criteria should be at least as stringent as those standards for a first-class medical certificate. When hiring, aviation department managers need to know about the following federal laws related to equal employment opportunity (EEO). Title VII of the Civil Rights Act of 1964 – Prohibits discrimination based on race, color, religion, sex or national origin. In 1978, the Pregnancy Discrimination Act amended Title VII and clarified that women affected by pregnancy and related conditions must be treated the same as other applicants and employees on the basis of their ability or inability to work. The Civil Rights Act of 1991 amends Title VII to provide for jury trials, compensatory and punitive damages, and easier burdens of proof for claimants. Equal Pay Act of 1963 – Prohibits pay differentials based on sex. Employers may not pay employees of one sex less than they pay employees of the opposite sex for work that requires equal skill, effort and responsibility and is performed under similar working conditions. Age Discrimination in Employment Act – Prohibits discrimination against individuals age 40 or older (as of January 1, 1987). Americans With Disabilities Act of 1990 (ADA) – Title I of the act makes it unlawful for employers to discriminate against employees on the basis of disability. Reasonable accommodations must be provided unless it would pose an undue hardship to an employer (effective July 26, 1992). Family and Medical Leave Act of 1992 (FMLA) – Requires employers of 50 or more employees to provide 12 weeks of job-protected leave to eligible employees for the following reasons: (1) to care for the employee’s child after birth or placement for adoption or foster care, (2) to care for the employee’s spouse, son, daughter or parent who has a serious health condition or (3) for an employee’s own serious health condition that makes the employee unable to perform his or her job. Executive Orders 11246 and 11141 – Bans discrimination on the basis of race, sex, disability and veterans’ status and requires affirmative action on the part of certain federal government contractors. Executive Order 11141 prohibits discrimination on the basis of age by government contractors. Vocational Rehabilitation Act of 1973, sections 503 and 504 – Bans discrimination against disabled persons by federal contractors and grant recipients, who also are required to take affirmative action in hiring qualified disabled individuals. Vietnam Era Veterans’ Readjustment Assistance Act of 1974 – Calls for affirmative action by federal contractors to employ and advance in employment qualified veterans of the Vietnam era and disabled veterans. NBAA MANAGEMENT GUIDE, 2024-01 102 ADMINISTRATION Civil Rights Act of 1866 – Prohibits racial discrimination in certain areas of private employment. Immigration Reform and Control Act of 1986 – Bans intentional discrimination on the basis of citizenship or national origin and applies to employers of four or more. These anti-discrimination provisions do not apply to undocumented foreign nationals or in the limited circumstances when U.S. citizenship is required by law. Fair Labor Standards Act – Requires minimum rates of pay and overtime for most employees. Employee Polygraph Protection Act – Generally prohibits private employers from requiring or requesting any employee or job applicant to take a lie detector test (except in very limited circumstances) and from discharging, disciplining or discriminating against an employee or prospective employee for refusing to take a test. 1.3.1.2 LAW REGARDING WORKPLACE BEHAVIOR Aviation Department Managers (ADMs) also should be aware of both state and federal requirements for appropriate workplace behavior. Managers are required to enforce appropriate behavior as well as be aware of and take action to prevent undesirable behavior of their employees. If an employee is displaying inappropriate behavior, managers should contact their human resources representative for advice and direction. For employers who do not have a human resources representative, listed below are common workplace behavior/issues and related regulation/public law links: Sexual harassment – www.eeoc.gov/types/sexual_harassment.html Violence in the workplace – www.dol.gov Workplace injuries – www.osha.gov Equal employment opportunity requirements – www.eeoc.gov Each of these websites contains valuable information to assist managers. 1.3.2 AVIATION DEPARTMENT PERSONNEL, QUALIFICATIONS & TRAINING The best-qualified person should be chosen for each position in the department. The selection process must take into account the individual characteristics of each employee and the job functions to be performed. The ability of the department to operate in a safe, efficient and economical manner will depend upon its employees.The number of personnel and job functions needed depends upon the complexity of the company’s operation. Refer to the NBAA Compensation Survey for comprehensive review of aviation department personnel salaries and benefits data. The following are some job functions that may be required for flight and ground operations: 1.3.2.0.1 For flying operations: Aviation department manager or director of aviation Safety manager/officer Security manager/officer Chief pilot Captain (pilot in command) First officer (second in command) Flight engineer Lead flight attendant or flight attendant manager/ supervisor Flight attendant Cabin aide, cabin attendant or CSR Flight technician (mechanic) In this case, the aviation department manager and chief pilot may be dual, interchangeable titles. The scope of responsibility depends on the size of the aviation department. Some duties may be designated to other company departments as well. NBAA MANAGEMENT GUIDE, 2024-01 103 ADMINISTRATION 1.3.2.1 AVIATION DEPARTMENT MANAGER OR DIRECTOR OF AVIATION The responsibilities of the Aviation Department Manager or Director of Aviation can be divided into two categories: administrative and operational. NBAA recommends that this position possess the Certified Aviation Manager (CAM) credential. 1.3.2.1.1 Administrative duties include: Reporting is discussed extensively above and reporting structure is not a job duty Developing and instituting department policies and procedures – including basic company policies, procedures and objectives – into departmental functions Preparing annual operating budgets that include operating expenses, facilities, supplies, outside services, personnel, training, capital expenses and reserves Monitoring an operating budget on a monthly, quarterly, or semiannual basis, depending on company procedure Reporting deviations between estimated expenditures and actual costs to higher management with appropriate explanations according to company procedure Establishing scheduling policies and procedures that provide effective control and management Establishing and maintaining liaisons with relevant company personnel Establishing, with the cooperation and assistance of company personnel and salary administration officers, minimum employment qualifications, hiring procedures, salary structure, performance appraisal procedures, grade structure and dismissal procedures Advising management on the status and requirements for aircraft and other equipment consistent with the company’s transportation needs and goals Recommending additions to the department, which include comparative aircraft studies Establishing measures of effectiveness and efficiency for the department Establishing and maintaining records as required by the FARs, manufacturers, and company policies Monitoring these records if they are maintained by an outside agency, such as a computer service Scheduling and establishing criteria for annual technical audits of the aircraft and maintenance operations Reporting results of a technical audit to immediate superiors with an explanation of deficiencies found and corrective actions taken 1.3.2.1.2 For ground operations: Manager of maintenance Lead maintenance technician, maintenance foreman or chief inspector Maintenance technician Avionics technician Chief licensed dispatcher, licensed dispatcher Chief scheduler, lead scheduler, scheduler Line service personnel or hangar attendant The aviation department manager should report to the highest office possible in the company’s management structure, ideally a revenue-generating division, where appreciation of and support for the operation can be obtained. Also, the aviation department must fit into the company structure and should not be treated as a separate entity. Once the aviation department manager has been designated, company management and the manager should agree upon the reporting structure, as well as the manager’s specific responsibilities and authority. NBAA recommends that the activities of the aviation department be required to interrelate with other functions (e.g., developing uses for the aircraft that would integrate it into marketing programs, customer and public relations, or humanitarian missions). A sample reporting chart for a larger aviation department is found in Figure 1.3. In larger operations, a chief pilot can be given duties related to flight crew schedules, recurrent training, standardization and so forth. NBAA MANAGEMENT GUIDE, 2024-01 104 ADMINISTRATION When the aviation department has several aircraft and flight crews in addition to a maintenance department, the administrative duties multiply. Administrative duties are the primary responsibility of the aviation department manager; however, assistance from other functional managers, such as the corporate comptroller, salary administrator, or purchasing agent, is necessary. In smaller departments (one or two aircraft) the chief pilot may perform the administrative duties of the aviation department manager in addition to flight crew duties. A sample reporting chart for a smaller aviation department is provided in Figure 1.4. Preparing short and long-range plans that include corporate and departmental objectives Developing department personnel to realize their full potential 1.3.2.1.3 Operational duties include: Providing leadership and direction to flight and maintenance personnel to ensure personal performance and competence Establishing and maintaining an active aviation safety program Ensuring that high levels of customer service are provided to the company and its customers Maintaining an operation's policy manual to include flight, maintenance and pertinent company policies Ensuring that department personnel are thoroughly familiar and comply with company policies, appropriate FARs and pertinent operating manuals, practices and publications Establishing programs for pilots and maintenance technicians, including proficiency reviews, initial training, recurrent training and upgrade training Analyzing various training sources, which could include aircraft training flights, simulator training, en route flight checks, ground school training and prepackaged learning courses Anticipating the need for upgrade training to meet additional or replacement needs Evaluating department personnel periodically to ensure superior levels of performance Establishing standards and limitations to ensure safe and efficient department operations Establishing flight dispatch policies and procedures that govern the approval, delay, or cancellation of flight operations Monitoring the flight crew and dispatchers to ensure they comply with flight dispatch policies and procedures Coordinating the activities of the maintenance department with flight operations to achieve the company’s goals and objectives Helping personnel understand the company’s objectives and each other’s needs Establishing and monitoring security procedures to protect the aircraft and company facilities Establishing and maintaining lists of aviation-related vendors that meet the highest level of aviation safety Representing the company in aviation matters through trade associations, the FAA, state or municipal aviation bodies, airport management, community organizations and contract agencies Maintaining high morale through an awareness of company and department policies, employee development programs and periodic department meetings for the two-way communication of ideas, goals and objectives Implementing specific programs of local, regional or national concern, consistent with company policy, in such areas as affirmative action, energy conservation, equal employment opportunity (EEO) and environmental control Establish severe weather/natural disaster procedures to protect personnel, aircraft and facilities. Procedures should address plans for (but not be limited to) situations involving hurricanes, tornados, high winds, flooding and hail NBAA MANAGEMENT GUIDE, 2024-01 105 ADMINISTRATION 1.3.2.1.4 Figure 1.3: Sample Corporate Flight Department Reporting Chart - Larger Department 1.3.2.1.5 Figure 1.4: Sample Corporate Flight Department Reporting Chart - Smaller Department NBAA MANAGEMENT GUIDE, 2024-01 106 ADMINISTRATION 1.3.2.2 SAFETY MANAGER/OFFICER NBAA recommends that corporate members appoint at least one individual to fulfill the safety manager/safety officer function and that this person report directly to the aviation department manager, or equivalent. The safety manager serves as a liaison with NBAA on all matters related to safety. The Association further recommends the following responsibilities for this position: Acts as resident expert on matters related to all aspects of safety Ensures that safety program elements are carried out Acts as liaison with safety organizations (formal and informal) on matters of industry safety concerns Provides periodic reports to management on program status and compliance Monitors the trends in voluntary reporting system and accident and incident reports Makes recommendations to correct/prevent identified safety issues Communicates safety issues to all within the flight department \Monitors compliance with applicable safety standards (e.g., DOT, FAA, OSHA, EPA) Monitors corrective/preventive actions The person assigned to this position should have extensive operational experience in aviation, including knowledge of safety programs, standards, safe operating procedures, IS-BAO and Federal Aviation Regulations. Additionally, anyone responsible for the safety function should have completed an aviation safety education program consistent with the position’s responsibilities. If the individual has not completed an aviation safety education program prior to appointment to the position, they should attend one to supplement his/her experience. Further, participation in industry safety meetings, conferences, and schools is considered an essential part of the continuing education of the appointed individual. Ideally, the qualified person should have at least the following qualifications: Pilot, Mechanic or Dispatcher certificate or equivalent experience Knowledge of: Aviation-related safety programs Safety standards applicable to aviation operations Accident causation and prevention theory Safety margins Risk management techniques Human error Exceptional interpersonal and communication skills 1.3.2.3 AVIATION SECURITY MANAGER/OFFICER NBAA recommends that corporate members appoint at least one individual to fulfill the security manager/security officer function and that this person report directly to the aviation department manager. It is also recommended that a conduit for direct reporting above the aviation department manager be established to ensure complete transparency and requisite oversight of the security program. The security manager is responsible for establishing/maintaining a proactive aviation security program which fosters a positive security awareness culture. NBAA further recommends the following responsibilities for this position: Monitor all aspects of flight department security on a continuing basis and report all security-related issues/ incidents to the aviation department manager Serve as a resident expert on all matters related to aviation security Maintain a security information program for all department personnel Maintain a positive working relationship with the company’s security department, local airport security/law enforcement personnel and TSA personnel Embrace industry best practices with regard to intelligence products and services (security-related software applications, security service providers, U.S. Department of State-Overseas Advisory Council (OSAC) and Smart Traveler Enrollment Program (STEP) Monitor compliance with applicable security standards (e.g., TSA, CBP, IS-BAO, FAA) NBAA MANAGEMENT GUIDE, 2024-01 107 ADMINISTRATION Conduct annual security awareness training and testing for all personnel Maintain a positive visitor control program within the flight department Manage an access control system for department keys and badges Develop, maintain and exercise a security-related Emergency Response Plan (ERP) in close coordination with the safety manager and company risk management personnel The person assigned to this position should have extensive operational experience in aviation, including knowledge of security programs, standards, security best practices and government regulations. Additionally, anyone responsible for the security function should have completed an aviation security education program consistent with the position’s responsibilities. If the individual has not completed an aviation security education program prior to appointment to the position, they should attend one to supplement his/her experience. Further, participation in industry security meetings, conferences and schools is considered an essential part of the continuing education of the appointed individual. Ideally, the qualified person should have at least the following qualifications: Exceptional interpersonal and communication skills Knowledge of: Aviation-related security programs Security standards applicable to aviation operations Physical security, security protocols, and compliance Security training Risk management and threat/vulnerability assessment Human error Cybersecurity threats and vulnerabilities 1.3.2.4 CHIEF PILOT If an aviation department manager is employed, the Chief Pilot should report to that person and perform such duties as the manager assigns. If only a chief pilot is employed, all the aviation department manager’s duties, as detailed above, will be performed by the chief pilot, in addition to the duties listed below. NBAA recommends that this position possess the Certified Aviation Manager (CAM) credential. Chief pilot duties include: Remaining informed of the latest developments within the business aviation community, including the FARs, and other Federal, state, local and foreign regulations affecting operations. Chief Pilot should report to that person and perform such duties as the manager assigns. If only a chief pilot is employed, all the aviation department manager’s duties, as detailed above, will be performed by the chief pilot, in addition to the duties listed below. NBAA recommends that this position possess the Certified Aviation Manager (CAM) credential. 1.3.2.4.1 Chief Pilot duties include: Remaining informed of the latest developments within the business aviation community, including theFARs, and other Federal, state, local and foreign regulations affecting operations Establishing and supervising the initial and recurrent training of aviation department personnel, both internally and externally with a professional training facility Instructing flight crews in the use of the standard operating procedures (SOP) manual Ensuring that revisions and amendments to the standard operating procedures are current Preparing and distributing periodic reports and statistics as required Assisting with the preparation of budgets and financial forecasts Reviewing the current budget implementation Evaluating Department Expenditures Incurred by Subordinates NBAA MANAGEMENT GUIDE, 2024-01 108 ADMINISTRATION If the chief pilot also is the aviation department manager (and perhaps a line captain), the chief pilot’s duties could appear overwhelming. In this instance, many of the listed duties should be delegated to other aviation department members. Administrative and personnel functions should be delegated to non-aviation department corporation members. Aircraft management, maintenance management and training organizations can help fill any voids that exist within the aviation department. All the duties and functions listed for the aviation department manager and chief pilot are valid. However, the level of emphasis assigned to each is a function of the size and duty of the aviation department. 1.3.2.5 CAPTAIN Captains are responsible for the safe conduct of flights to which they are assigned. Captains report directly to the chief pilot. When assigned to a flight, the captain has the final authority in the operation of the aircraft. Captains must ensure compliance with all federal, state, local and foreign regulations, as well as the policies and procedures specified in the company operations manual. Captains are the company’s most visible representative to the passengers and must act with tact and decorum while ensuring an efficient and safe operation. 1.3.2.5.1 The duties of a captain include: Acting as pilot in command (PIC) of flights for which the pilot has been scheduled Providing excellent customer service to passengers Complying with schedules and other directives governing the aircraft’s operation Ensuring that preflight inspections are performed Studying weather conditions at destination, en route, alternate airports and departure points Preparing flight plans (unless done by a scheduler or dispatcher) Ensuring that the aircraft is clean and prepared for flight with all provisions on board for the safety and comfort of the passengers Reviewing and calculating the aircraft weight and balance, fuel on board and performance charts Using checklists Supervising the first officer (second in command) in any duties necessary for the smooth, safe and efficient operation of the aircraft Coordinating the functioning of all crew members assigned to the flight Monitoring crew performance, sharing knowledge with crew members and evaluating crew member potential for advancement Making decisions necessary to start, delay, or cancel flights and deviate the flight from planned route or destination when operating conditions dictate 1.3.2.6 FIRST OFFICER (COPILOT) The first officer reports to the chief pilot and is responsible to the captain of the flight for the conduct and execution of assigned duties. Some first officer’s duties include: Assisting the captain with discharging safety responsibilities Providing excellent customer service to passengers Performing duties as assigned during flight preparation and in flight Being prepared to assume the duties of the pilot in command in the event the pilot in command is incapacitated Being familiar with and following all FARs and company policies pertinent to assigned duties In addition, another flight crew member, such as a flight engineer, may be assigned to duty in an aircraft during flight time. NBAA MANAGEMENT GUIDE, 2024-01 109 ADMINISTRATION 1.3.2.7 FLIGHT ATTENDANT ROLES, RESPONSIBILITIES & TRAINING FAR Part 91.533 require the presence of a flight attendant (also known as a third crew member) on any aircraft carrying more than 19 passengers. FAR Parts 125.269 and 135.107 require the presence of a flight attendant (also known as a third crew member) on any aircraft carrying more than 19 passenger seats. However, with the responsibilities and duties involved, in addition to business aircraft becoming increasingly larger, some companies choose to operate with a fully trained flight attendant even with fewer than 19 passengers or seats and regardless of passenger load, to operate at the highest level of cabin safety and exercise industry best practices. The flight attendant position should be viewed and considered an integral part of the crew, as it relates to the operation and safety of the passengers and flight. A trained flight attendant is the person who instructs and leads passengers to safety during an emergency, such as a decompression, inflight fires, planned/unplanned evacuations, and medical events. Professional flight attendants should be trained and qualified in cabin safety, emergency procedures and evacuation drills, the use of emergency equipment on board the aircraft, as well as inflight medical emergencies. Any cabin personnel who could/would be perceived as a fully trained flight attendant, should be professionally trained to maintain industry best practices. A qualified flight attendant is fully trained under 14CFR Part 91.1063 (a component of the regulations applicable to fractional aircraft program managers) and 14CFR Part 135 Subpart H (for on-demand charter operators) and has successfully passed the testing requirements of 14CFR Part 91.1067 (also for fractional aircraft programs) and 14CFR Part 135 Subpart G. 1.3.2.7.1 Training would include at minimum, but not be limited to: Specific initial aircraft training on all aircraft to which a flight attendant would be assigned. Cabin egress training, emergency scenarios and drills, including hands-on training with emergency equipment. Inflight medical emergencies with AED/CPR certification. Basic indoctrination, which covers all appropriate FAA regulations and the company’s standard operating procedures. Food safety certification, HazMat, dangerous goods and security training. Culinary preparation and presentation. OSHA and SMS training and awareness. 1.3.2.8 LEAD FLIGHT ATTENDANT OR FLIGHT ATTENDANT MANAGER The lead-flight attendant/flight attendant manager typically reports to the aviation department manager, director of aviation, or chief pilot/lead captain. 1.3.2.8.1 Duties to include, but are not limited to: Performing duties as assigned by their supervisor. Ensuring training qualifications and records are maintained for the flight attendants: annual recurrent training, inflight medical training, AED/CPR certification, food safety certification, SMS training and company policies. Creating and maintaining annual, in-house training, specific to the flight department’s aircraft. To include on board emergency equipment, department standards, policies and procedures and passenger protocols. Establishing and maintaining cabin standards, procedures, policies and processes. Protecting the investment of cabin furnishings with knowledge on proper operation, care and cleanliness. Creating and maintaining a flight attendant manual and/ or cabin manual. Maintaining stockroom and aircraft supplies. Creating and maintaining confidential crew and passenger profiles for catering and medical concerns. Managing the catering, small aircraft supplies, furnishings and amenities’ budgets. Participating in flight attendant hiring, performance reviews, and disciplinary action in conjunction with Chief Pilot and the company’s Human Resources Department. Performing annual check rides with flight attendants. Managing or collaborating on the flight attendant’s schedules. NBAA MANAGEMENT GUIDE, 2024-01 110 ADMINISTRATION Maintaining relationships with other lead flight attendants, striving to improve leadership, management and inflight service skills while aiming for industry best practices. Being knowledgeable and staying current on food and service trends, as well as educational opportunities in which to obtain those skills. Providing the highest level of customer service. Leading by example with the highest level of integrity, honesty, and respect. 1.3.2.9 FLIGHT ATTENDANT The flight attendant typically reports to the lead flight attendant/manager if applicable, and/or aviation department manager, director of aviation, chief pilot/lead captain, or pilot in command (PIC). 1.3.2.9.1 For flight attendants not in a leadership/supervisory role, duties include but are not limited to: Executing tasks and duties assigned by pilot-in-command and/or lead flight attendant. Attending annual recurrent training on emergency procedures, inflight medical emergencies, AED/CPR certification, Hazmat and dangerous goods, CRM, SMS, aircraft/department specific equipment and policies and procedures. Providing a safe cabin environment by performing a pre-flight emergency equipment inspection, ensuring all carry-on items are properly stowed, performing a preflight passenger briefing and ensuring seat belts/ shoulder harnesses are fastened prior to takeoff/ landing. Notifying the PIC when the cabin is secure for take-off/ landing and observing sterile flightdeck procedures. Providing emergency medical assistance when needed. Planning, ordering and procuring all catering for the in-flight service. Providing a high level of customer service. Maintaining cleanliness in the cabin, as well as protecting the investment of cabin furnishings through proper care and operation. Restocking the galley, cabin and maintaining stockroom inventory. Flight attendants should receive the same flight and duty time limitations as the flight deck crew to mitigate fatigue properly and insure the highest level of cabin safety. 1.3.2.10 CABIN AIDE, CABIN ATTENDANT OR CSR This is a service-oriented position and is not qualified to perform any safety related functions nor provide aid or leadership to passengers in an emergency. This important distinction should be made clear to passengers by the pilot-in-command, to avoid the inadvertent perception that this employee is trained and qualified in safety related duties and functions. 1.3.2.10.1 Duties of this position include: Planning, ordering, and procuring catering and other necessary amenities Cleaning, restocking, and maintaining the cabin. Providing a high level of customer service. 1.3.2.11 MANAGER OF MAINTENANCE On the ground operations side, the aviation department may contain several positions in support of the maintenance function, including manager of maintenance, lead maintenance technician/maintenance foreman, maintenance technician and avionics technician. The size of the aviation department and number of aircraft determine the requirement for these positions. The guidelines for the maintenance positions to follow can be adjusted and adapted to each unique operation, considering number and type of aircraft, number of existing maintenance personnel and the qualifications of those personnel. The manager of maintenance reports directly to the aviation department manager or chief pilot. This position usually includes more administrative duties than actual maintenance and repair. NBAA recommends that this position possess the Certified Aviation Manager (CAM) credential. NBAA MANAGEMENT GUIDE, 2024-01 111 ADMINISTRATION 1.3.2.11.1 Recommended qualifications of the manager of maintenance should include: Having broad knowledge of and experience with the maintenance of aircraft of the class, category and type that the company operates Holding an Airframe and Powerplant (A&P) Certificate and an Inspection Authorization (IA) Holding an ASTM/NCATT Technician Certificate and appropriate endorsements Holding at least a bachelor’s degree 1.3.2.11.2 The responsibilities of the manager of maintenance include: Ensuring safe maintenance and line operations Supervising maintenance personnel Ensuring the quality of aircraft, engine and avionics maintenance and repair Assisting with development of department policies Assisting with preparation of short and long-range plans Assisting with preparation of the annual operating budget Assisting with assessment of aircraft cost studies Assisting with establishment of salary structures Assisting with establishment of minimum employment qualifications Developing assigned personnel to realize their full potential Assisting with establishment of performance appraisal procedures and dismissal standards Recommending the proper staffing for the maintenance department Establishing schedules for periodic inspections, general overhaul, repairs and modifications Establishing and maintaining records as required by FARs, manufacturers and company policy Monitoring these records, if maintained by outside agency Establishing maintenance safety rules and procedures Establishing spares and ground support equipment inventories Ensuring that department personnel are thoroughly familiar with company policies, appropriate FARs, pertinent manuals, practices and publications Establishing programs for maintenance technician proficiency training, reviews and upgrades, in accordance with FAA and company requirements Establishing aircraft handling procedures Establishing requirements for hangar space, grounds and a fuel farm, if applicable Helping monitor security and environmental affairs, including completing material safety data sheets on all chemicals, fire drills and safety training Helping coordinate activities of the maintenance department with flight operations Helping ensures that maintenance and flight crew personnel understand the company’s objectives and each other’s needs Helping provide efficient and timely scheduling of all maintenance and repair Directing compliance of minimum equipment list (MEL) maintenance procedures Assuming responsibility for maintenance and upkeep of the aviation hangar and office facility Submit annual maintenance budget Provide long range spend forecast Develop and track performance KPI Develop reports utilizing difference analytics tools NBAA MANAGEMENT GUIDE, 2024-01 112 ADMINISTRATION 1.3.2.12 LEAD MAINTENANCE TECHNICIAN, MAINTENANCE FOREMAN OR CHIEF INSPECTOR The person in this position reports to the manager of maintenance and supervises maintenance technicians. Qualifications for the lead maintenance technician/maintenance foreman/chief inspector include: Holding an A&P certificate and an IA Having a background of verifiable practical experience as an active aircraft maintenance technician Holding an ASTM/ NCATT Avionics Electrical Technician Certificate and appropriate endorsements Demonstrating the ability to manage and supervise people Holding an associate or higher college degree 1.3.2.12.1 The duties of the lead maintenance technician/maintenance foreman/chief inspector include: Assisting the manager of maintenance Coordinating all aircraft maintenance work Coordinating and monitoring all shipping, receiving and inventory Ensuring that all work is completed before final inspection Overseeing quality controls Ensuring that all test equipment is calibrated and maintained Ensuring compliance with all Service Bulletins (SBs) and Airworthiness Directives (ADs) 1.3.2.13 MAINTENANCE TECHNICIAN A maintenance technician reports to the lead maintenance technician/maintenance foreman/chief inspector, if one is employed, or directly to the manager of maintenance. 1.3.2.13.1 Qualifications for maintenance technicians include: Holding an A&P certificate Holding an associate or higher college degree (recommended but not necessary) Having practical experience as an active aircraft maintenance technician with experience in the type of aircraft assigned Having completed manufacturer’s training in the company’s aircraft and powerplant (recommended but not necessary) 1.3.2.13.2 The maintenance technician’s duties may include: Performing inspections, preventive maintenance, trouble-shooting and replacement of parts on the aircraft Maintaining shop and hangar tools and equipment Ensuring compliance with ADs ’s 1.3.2.14 FLIGHT TECHNICIAN (MECHANIC) Some companies may wish to operate with a flight technician onboard the aircraft. A Flight Technician (FT) is an FAA-certified aircraft maintenance technician who travels with the aircraft. This position’s primary responsibility is to provide safe, comfortable and reliable transportation for the passengers and crew. A FT must also be comfortable supporting senior executive-level passengers. As the cabin crew member, the FT ensures the aircraft is airworthy and compliant to complete the mission through effective crew resource management, communication skills and teamwork. The FT is alert and prepared to resolve any ground or inflight emergency that may occur with the aircraft, crew and passengers. If required, the FT mitigates any maintenance discrepancies to return the aircraft to service prior to a flight. The FT is a dynamic dual role (technician/cabin crew member) that requires the ability to multi-task and provide superior customer service to executive level staff while managing aircraft and ancillary systems. The flight technician reports to the director of maintenance, director of aviation or chief pilot and should coordinate with the cabin services manager. NBAA MANAGEMENT GUIDE, 2024-01 113 ADMINISTRATION Qualifications for the flight technician include: FAA Airframe Powerplant License College Degree (recommended) Aircraft Specific Initial and Recurrent Maintenance Training Cabin Emergency and Egress Training Medical Emergency AED/CPR Training Crew Resource Management: Food Safety Training Culinary Food Preparation Training Cabin Connectivity (Internet, Communication, and Entertainment) Training Aircraft Electronic Technician, National Center for Aerospace & Transportation Technologies (NCATT) Certified (recommended) Aero IT (recommended) Duties for this position include but are not limited to: Understand and comply with rules and regulatory requirements in accordance with the appropriate regulatory authority; company procedures, and operations manual Comply with IS-BAO recommended best practices achieving high levels of safety and professionalism Conducting pre/post-flight inspections, supervising or performing any servicing, such as refueling operations Perform scheduled or unscheduled maintenance, or supervise maintenance on the road or at home base Overseeing performance of aircraft maintenance away from home base Return aircraft to service after maintenance Perform aircraft deicing and inspect for a “clean” aircraft Apply and document Minimum Equipment List (MEL) if required for aircraft dispatch Comply with relevant OSHA requirements and hazardous material will not carry regulations Prepare documentation for flight awareness or other flight following applications by original equipment manufacturer Performing cabin server functions as required, such as greeting guests, arranging catering and serving owners, customers and guests Ensuring aircraft is stocked, clean and prepared for flight Preparing passengers and aircraft for landing, following procedures Providing inflight cabin service functions and acting as safety coordinator to all passengers and crew Baggage handling and complying with aircraft baggage and cargo restrictions Assisting the flight crew with ground and airborne duties, as requested Performing all tasks associated with aircraft ground movements, such as engine run and taxi, and towing Performing aircraft maintenance, as required Food safety, allergy and security If trained and qualified, additional duties may include: Assisting passengers during flight Receiving and stowing catering materials Providing emergency assistance to passengers as necessary (requires training in evacuation procedures, medical procedures) NBAA MANAGEMENT GUIDE, 2024-01 114 ADMINISTRATION 1.3.2.15 AVIONICS TECHNICIAN If the size of the operation warrants it, or the location of the home base demands it, consideration should be given to adding an avionics technician to the staff. This position should report to the lead maintenance technician/maintenance foreman/chief inspector, if one exists, or directly to the manager of maintenance. 1.3.2.15.1 Qualifications for the avionics technicians include: Holding an FCC Avionics Repairman License Holding an ASTM/ NCATT Avionics Electrical Technician Certificate and appropriate endorsements Holding an A&P certificate (recommended but not necessary) Holding an associate or higher college degree (recommended but not necessary) Having practical experience as an active avionics maintenance technician Having completed manufacturer’s training in the appropriate aircraft avionics systems 1.3.2.15.2 The maintenance technician’s duties may include: Performing inspections, preventive maintenance, troubleshooting and repairs as necessary on the company’s aircraft avionics system Ensuring compliance with all avionics ADs 1.3.2.16 LINE SERVICE PERSONNEL OR HANGAR ATTENDANT This person reports to the manager of maintenance or lead maintenance technician. 1.3.2.16.1 NBAA recommends that this person hold a high school diploma or equivalent. The duties of this position include: Refueling aircraft Moving aircraft in and out of the hangar Cleaning and restocking the aircraft Assisting in routine maintenance Assisting in preflight checks Assisting passengers in any appropriate manner Meeting arriving aircraft and dispatching departing aircraft Monitoring and maintaining the fuel farm and fuel inventories 1.3.2.17 LICENSED DISPATCHER/ SCHEDULER The flight department should have an individual who is responsible for planning, arranging and coordinating the travel requirements for company personnel, guests of the company and aircrew who travel on both the company aircraft and on aircraft which are chartered through the flight operations department. Whether a scheduler or licensed dispatcher, this individual must be capable of making time-dependent logistical decisions related to safety of flight, security, personnel and costs. This person also should have sophisticated computer and highly developed communication skills compatible with executive level management. 1.3.2.17.1 Responsibilities include: Being knowledgeable and compliant with all standards set forth in the department’s Flight Operations Manual or Opspecs Scheduling and planning travel on the company aircraft, charter aircraft, or other company vehicles in compliance with FAA, ICAO and company regulations Ensuring safe, cost effective, and efficient use of aircraft for the company, and when necessary, exploring alternative lift options Knowing company aircraft performance and limitations, crew duty limits, airport operations, and company operations manual requirements and restrictions to make appropriate recommendations of optimal airports and timings to passengers and/or their representatives Assisting crew with the feasibility analysis of new and special use airports NBAA MANAGEMENT GUIDE, 2024-01 115 ADMINISTRATION Reviewing NOTAMS/Restrictions to Operations at all destination and alternative airports in the planning process Working with the crew members to identify risks and develop a mitigation plan through the initiation of risk assessments on all flights coordinated, facilitated and dispatched while complying with all federal, international, company and departmental guidelines Initiating operational waivers in conjunction with the company Safety Management System, when required, to identify and mitigate operational limitations Participating in all ERP drills & events, gathering contact info for passengers and next of kin, in case of emergency Familiarity and utilization of flight scheduling software and other Aviation related programs and resources Coordinating with international handlers, government agencies, and officials to obtain overflight/landing permits and slots in accordance with airport operations and regulations Paying attention to detail in communications to maintain department records and reports, accounts payable, taxes, flight schedules, flight logs, and ensure validity of crew member documents, international identification badges, and records to remain compliant with flight operations Knowing Federal Aviation Regulations and company policies to remain compliant with same in all operations. Staying abreast of changes in regulations, procedures and equipment that may affect operations or the fulfillment of the flight department mission Being available for after hours/weekend/holiday calls to schedule aircraft, update flight information, flight follow, or aid flight crew or passengers, including meeting and greeting passengers, car services, and other duties at the hangar when necessary Ensuring that aircraft schedules meet with any airport/ airspace restrictions Having knowledge of domestic and international regulations and procedures to notify, coordinate, and establish business relationships with airports, FBOs (Fixed Base Operators), caterers, international handlers, government agencies and officials, to comply with airport hours and operations and to obtain any necessary permits, parking, slots, customs requirements, and any other necessary documents for the flight Communicating (verbally and in writing) with all levels of employees and customers Coordinating passport and visa processing for crew members and ensuring crew and passengers have the proper documentation for international travel on the company aircraft as required by handlers and local authorities and US Advising passengers when vaccines and additional documentation are required for specific aircraft routing Communicating and coordinating with ATC Traffic Management and/or the GA Desk to negotiate flight delays and route out options Coordinating trip logistics for flight crew and passengers to include catering, hotel ground transportation and special requests Performing dispatch brief and debrief with flight crews to share information regarding passenger needs or requests Coordinate to assign and direct contracted aircrew as needed Managing contract employee records and compliance Maintaining evolving company operations manual and emergency response plan Establishing working relationships through collaboration with executive members of the senior leadership team, Board of Directors, Executive Assistants, aircrew, aircraft technicians, service providers & FBO Personnel Negotiating discounts with fuel providers and contract fuel companies to demonstrate measurable cost savings Maintaining a flight following system to ensure safety of flight and smooth coordination of services Participating with IS-BAO and other internal/external audits Providing accounting services and managing costs, SIFL/ IRS/SEC reporting, auditing and report generation, including submitting invoices for payment, processing chargebacks, participating in annual budget preparation and monitoring of budget throughout the year Auditing and coordinating use of charter services or fractional shares to meet or exceed company guidelines and standards Participate in company audits as needed, to include: IS-BAO Audit, Safety Audit, Expense Report Audit, Financial Audit Coordinating crew training to best accommodate flight schedule NBAA MANAGEMENT GUIDE, 2024-01 116 ADMINISTRATION Coordinating scheduled and non-scheduled aircraft maintenance with the maintenance department manager to best accommodate flight Schedule Communicating with all necessary parties to ensure scheduled maintenance will not affect necessary travel Developing and maintaining security policies and procedures to ensure safety of people, facilities and equipment, and communicating policies/procedures as needed to passengers Acting as effective liaison between management and flight crew Arranging catering services in accordance with company and passenger requirements Interfacing with flight crew to advise of passenger needs or requirements Ensuring all flown flights details are posted for accurate aircraft documentation Scheduling flight crew to ensure compliance with company and FAA regulations regarding currency, flight and duty times, including balancing workloads, facilitating a safe operating environment through fatigue management techniques and encouraging a healthy work/life balance Providing administrative support to the department Creating and maintaining sensitive and confidential flight, crew, and passenger information. Remaining current on resources available and training opportunities to facilitate an effective scheduling operation Scheduling and maintaining records of FAA medicals, immunizations, and audio grams for crew members Checking on and paying or facilitating payment of airway, navigation and duty fees to ensure safe and effective operations in foreign countries (i.e., SENEAM, CENAMER, CO-CESNA, etc.) Setting up, managing and renewing Visa Waiver Program, Overflight Permits and Customs decal Analyzing and reviewing weather forecasts for operational impacts Working in a fast-paced, rapidly changing environment Ensuring all aircraft/fleet documents and manuals are current and accurate in preparation of potential SAFA checks at international locations Soliciting and securing post-trip feedback, analysis and follow up after each trip from each stakeholder Passengers Crew Service providers/handlers/intra-company providers Government agencies Recommended Training FAA Dispatcher licensing Recurrent training and requirements Familiarization flights PDP courses NBAA Schedulers & Dispatchers Conference NBAA International Operators Conference NBAA Leadership Conference Human factors Fatigue management training Required company Training (i.e., CPR & First Aid, Ethics & Compliance etc.) Participate in company mishap response drills 1.3.2.18 SCHEDULER [RESERVE FOR FUTURE USE] NBAA MANAGEMENT GUIDE, 2024-01 117 ADMINISTRATION 1.3.2.19 LICENSED DISPATCHER [NEW SECTION – ADD CONTENT] 1.3.2.20 LINE PERSONNEL [NEW SECTION – ADD CONTENT] 1.3.2.21 PILOT 1.3.2.21.1 Pilot Qualifications Pilots must be selected on the basis of the many factors already discussed in this manual. A pilot history form may be developed to determine pilot qualifications. It can be combined with the personnel department’s traditional employment history form. 1.3.2.21.2 The pilot history form should include the following information: FAA certification and ratings Aviation education and training Total flight time Total pilot in command flight time Recent flight experience Instrument flight time Proficiency and line checks Type of aircraft flown Under the Freedom of Information Act, anyone may request a search of the FAA’s Accident/Incident Data System and Enforcement Information System for any records pertaining to an individual. When requesting records, include the airman’s full name, certificate number, social security number and date of birth. This request may be faxed to the FAA at (405) 954-4655, or it may be sent to the following address: U.S. Department of Transportation Federal Aviation Administration Aviation Data Systems Branch, AFS-620 P.O. Box 25082 Oklahoma City, OK 73125 The request must specify if accident, incident or enforcement information, or all three, are needed. Requests that are faxed are usually answered within two weeks. Requests that are mailed may take up to a month and a half. Many companies establish minimum educational qualifications, such as an Associate or higher college degree, in addition to the FAA’s requirements and minimum flight hours. A company that establishes an aviation department for the first time should use as much information as possible from publications or trade organizations when establishing these qualification guidelines, such as NBAA’s Compensation Survey. Company executives and Human Resources departments, or the aviation department managers of other companies with their own aviation departments, can provide assistance to establish these minimum criteria. The NBAA Bylaws provide requirements and recommendations for operating members that employ professional pilots. Aviation insurance companies also have minimum pilot qualification and experience standards, especially with regard to high performance aircraft. As a preliminary guideline, some NBAA member companies follow the requirements outlined below. In addition, any pilot considered for employment must be neat-in-appearance, possess a competent work ethic, be a team player and have the ability to communicate intelligently with all other flight department personnel as well as with the company’s executives and clients. NBAA MANAGEMENT GUIDE, 2024-01 118 ADMINISTRATION Each captain/pilot in command (PIC) and first officer/second in command should meet certain basic requirements. The following guidelines can be adjusted and adapted to each unique operation, considering number and type of aircraft, number of existing crew members and their qualifications, previous experience and qualifications of the new crew member. The captain/PIC should: Hold an airline transport pilot (ATP) certificate with appropriate type ratings Have logged a minimum of 1,500 flight hours with sufficient flight experience in the type of aircraft to ensure competency Hold a first class medical certificate Meet all currency requirements regarding instrument flight recency and landings Have logged (if the pilot will be flying as a captain on turbine-powered aircraft) 500 hours as PIC in turbine powered aircraft The first officer/second in command should: Hold a commercial certificate with appropriate category and class ratings Hold an instrument rating Have logged a minimum of 500 flight hours Hold a second-class medical certificate Meet all currency requirements regarding instrument flight recency and landings Some companies require each second in command to obtain an ATP certificate and a first-class medical certificate by the end of 12 months of employment. Consideration also should be given to the applicant’s previous PIC experience and ability to assume PIC responsibilities. The organization should establish a crew selection process to manage the safety risks related to crew qualification, experience, and currency. This process will ensure the requisite competency of each crew member, while also establishing risk levels related to reduced experience in type and/or operations, as well as breaks in currency. 1.3.2.21.3 Pilot Staffing The following factors should be considered when deciding the number of pilots required for a company’s operation: Number of aircraft operated Company flight time and rest considerations Aircraft hours per year Number of concurrent trips Number of trips that keep the pilot flying for a number of consecutive days Number of trips overnight (RONs) Number of night flights Number of trips with augmented crew Number of trips where flight crew are pre-positioned Vacation policy Training policy Consideration also should be given to whether the aviation department manager or chief pilot will fly on a part-time, scheduled, or as-needed basis, or not at all. Some companies use 1.5 crew (three pilots) per aircraft as a rule of thumb to estimate the number of pilots required. Other methods use more detailed approaches. Two examples are found in Figure 1.5 and Figure 1.6. Regardless of the method, the unique aspects of a company’s operations, location and personnel must be accommodated. It is essential to customize pilot requirements. Many times, especially during international operations, a third flight crew member is used to augment the flight crew. Another option is to preposition flight crew at an intermediate stop. This crew change allows a fully rested crew to continue a long-range flight. Consideration should be given to the number of times a third flight crew member is used or two flight crew members are prepositioned to meet an aircraft during a long-range trip. This may affect the total number of pilots required. NBAA MANAGEMENT GUIDE, 2024-01 119 ADMINISTRATION 1.3.2.22 MAINTENANCE 1.3.2.22.1 Staffing the Maintenance Department Section 1 of this Management Guide provides guidelines to assist in determining the appropriate number of staff members for a particular maintenance operation. The formula provided may be modified to meet the unique needs or demands of any given company. Consultation with other corporate operators may provide important information when forecasting staffing requirements. This information may be most helpful when adding, replacing or upgrading a piece of equipment to the current fleet. Caution should be exercised when using manufacturer’s data for any type of maintenance personnel planning, since this information often favors optimum situations rarely found in actual operating conditions. 1.3.2.22.2 Maintenance Technician Qualifications Business aviation departments should require that their technicians hold an FAA Airframe and Powerplant license. Criteria for the licensing can be found in Subpart D of FAR Part 65. One of the most important qualifications of the maintenance technician is the individual’s ability to grasp the operation of an aircraft’s system(s) and solve complex system and procedural problems. This experience is acquired over time by on-the-job experience and specialized training. Therefore, when considering a prospective candidate for a position within an aviation department, management should consider both the experience and training of that person. Computer skills also are an increasingly valuable enhancement that will complement a technician’s ability, since air- craft manufacturers now are providing equipment that can be fault analyzed with a laptop and appropriate software. In addition, aircraft are often delivered with maintenance manuals in digital format (as revised). Other beneficial experience includes personal improvement courses, which add to an individual’s ability to listen and communicate, and human factors training and resource management courses, which allow the individual to recognize and manage interpersonal issues. A flight department should provide this type of training for all staff members as part of a complete departmental development plan. In certain circumstances, an apprenticeship program for individuals who do not yet possess an Airframe and Powerplant license may be applicable. Such a program provides the opportunity to develop and mold a technician who demonstrates a high level of ability and a willingness to learn. The Inspection Authorization (IA) certificate is an attachment to an individual’s Airframe and Powerplant license. This endorsement can give the maintenance department added flexibility through increased signature authority level. (Reference FAR Part 65 for further details.) Examples of maintenance department responsibilities include: 100-hour and annual or progressive inspections Replacement of accessories Airframe repairs Replacement of time-controlled items Compliance with service bulletins and Airworthiness Directive’s (AD’s) Aircraft fueling and movement Preflight and post-flight activities Interior cleaning and restocking Exterior cleaning NBAA MANAGEMENT GUIDE, 2024-01 120 ADMINISTRATION 1.3.2.22.3 Figure 1.5: Calculation of Number of Pilots Based on Number of Days Pilot Is Needed Each company could vary this calculation according to its own requirements. This sample calculation presumes a seven day-aweek operation (the aircraft is available seven days a week) with a particular pilot available five days a week. Five pilots would be required if a five-day-a-week operation is used. DESCRIPTION CALCULATION TOTALS Number of aircraft in fleet 2 Work days/pilot 52 weeks/year x 5 days/week 260 Days not available: Vacation: 15 Holidays: 11 Sick Leave: 5 Training and physical examination: 10 Subtotal of days not available: 41 Total days available for duty 260 days – 41 days 219 Number of crew seats (if two per aircraft) (2 aircraft x 2 pilots/aircraft) 4 Number flight crew days/year 4 pilots x 365 days 1,460 Number of pilots required (rounded up) (219 days available) 7 Note: Does not take into consideration augmented or prepositioned flight crew. 1.3.2.22.4 Figure 1.6: Calculation of Number of Pilots Based on Estimated Flight Hours per Year This example could be beneficial for a company that expects future flight crew needs to be similar to past needs. Like the example in Figure 1.5, each company can vary the calculation according to its own needs. DESCRIPTION CALCULATION TOTALS Number of aircraft in fleet 3 Estimated number of flight hours/year (per aircraft) 450 Total flight time (fleet) 3 aircraft x 450 hours each 1,350 Number of pilots/aircraft 2 Total number of pilot hours 1,350 flight hours x 2 pilots/aircraft 2,700 Duty/flight ratio* 3 hours duty / 1 flight hour 3 Number of duty hours/year 2,700 pilot hours x 3 (the duty flight ratio) 1,752 hrs. available for duty (ea. pilot) 8,100 duty hours per year / 1,752 hours available for duty 4.6 Number of pilots required (rounded up) 5 *This ratio assumes that a pilot spends at least three hours on duty for each hour in the air. The duty time includes preflight, postflight and ground time. The ratio could vary for a company that often requires long periods of waiting between flights on the same day. **See Figure 1.5 for the calculation of days available for work. NBAA MANAGEMENT GUIDE, 2024-01 121 ADMINISTRATION In larger aviation departments, company personnel perform most or all of these functions. Smaller aviation departments can perform some of these responsibilities themselves and outsource the periodic inspections, annual inspections and engine changes to repair stations. At least one of the maintenance employees should hold an IA. Basic factors that should serve as general guidelines for maintenance personnel staffing are: Type and number of aircraft Home base location Flight route structure Utilization rate by hours flown Proximity to overhaul and repair facilities Supply points for spares The maintenance department should employ a minimum number of personnel responsible for minor inspections, record keeping, and scheduling and supervising maintenance with a commercial agency. A formula for determining this number is shown in Figure 1.7. NBAA offers the following additional guidelines on staffing levels to support aircraft maintenance needs for a high-utilization corporate operation. This guidance can be used for planning a start-up or re-assessing an existing operation. The sample scenario in this section can be modified to address unique operations, challenges and experience. The end result of this exercise is to establish the minimal required number of full-time equivalent (FTE) licensed A&P mechanics. Depending on administrative requirements, line service requirements or economies of scale from operations, the FTE basis should be increased or decreased based on judgment or additional analysis. Additionally, age of aircraft, aircraft type/complexity, shop experience and segregation of responsibilities as required by Part 145 repair station and Part 135 operations, and manufacturer technical support responsiveness are other factors that can impact maintenance staffing needs. Assumptions Aircraft are typically utilized for an average of four cycles (flights) per operating day and 1.25 flight hours per flight, resulting in an average utilization of 1,200 flight hours per year, per aircraft. Flight operations are scheduled primarily on weekdays only, with weekends off. However, if routinely scheduled, weekend activity should be factored in. No flights are scheduled on statute vacation days with historically low load factors (e.g., Thanksgiving or Independence Day), thereby reducing the required potential days to approximately 240 days annually. Flight operations may cease during certain major holidays (e.g., Christmas or New Year’s), which are typically periods of low utilization. This time may be used to complete heavy maintenance and annual inspections. Vacation and training events should not be scheduled over the winter holidays (e.g., Christmas and New Year’s). Additionally, vacation and training schedules should not create a shortage of personnel or impact the shuttle schedule or maintenance needs. Calculations are based on a single aircraft operation; multiple aircraft will result in a closer calculation of manpower requirements. Process: The analysis has been broken down into a sequence of steps. Each component of this process should be modeled and analyzed individually so that interdependencies can be addressed. Step 1: Establish what maintenance activities are planned for completion in-house by maintenance personnel. This will serve as a baseline for the manpower requirements. Step 2: Calculate base man-hours associated with routine maintenance activities and periodic maintenance requirements (per manufacturer’s FAA-approved maintenance program; see sample in Figure 1.8). A table identifying general maintenance requirements and potential resources that can be used to establish “base man-hours” (BH) is shown in Figure 1.9). NBAA MANAGEMENT GUIDE, 2024-01 122 ADMINISTRATION Step 3: Determine an appropriate “margin of error” (E) for task-based man-hour requirements to establish judged man-hours (JH), as follows: BH x (1+E) = JH E.g.: One aircraft: 900 x (1 + .25) = 1,125. Step 4: Determine an appropriate amount of time to add for documentation and paperwork requirements (D) and an appropriate amount of time to add for corrective actions identified during scheduled inspections (CA) to establish primary hours (PH). Note: Corrective actions will likely correlate to age and complexity of aircraft. JH x (1+ D + CA) = PH E.g.: One aircraft: 1,125 x (1+ .35 + .50) = 2,081. Step 5: Determine the amount of labor required to deal with unscheduled maintenance events. This labor need has the greatest degree of uncertainty and will be highly dependent on aircraft type reliability (fleet wide), aircraft age, technician experience, parts availability and the operator’s tolerance of flight delays or cancellations. One-fleet reliability = unscheduled probability. Unscheduled probability x annual flights = estimated events. Establish tolerance level (1.0 = 0 tolerance, .95 = 5% tolerance, etc.). Add/subtract for “other factors” or anomalies. Estimate total man-hours required per unscheduled event; E.g., one aircraft: (1 - .93) x 480 x 1.0 x .33 x 2.5 = 166 man-hours. Establish ratio between unscheduled man-hours and preliminary hours: 166 / 2,081 = 8%. Step 6: Calculate total estimated man-hour requirements per aircraft; e.g., 2,081 x 1.08 = 2,247 annual man-hours. Step 7: Calculate annual productive man-hours available per maintenance FTE. Available hours will vary depending on vacation and sick day policies, assumed overtime and maintenance training programs. ​Per ​FTE Annual Standard Hours Paid 2,080 Overtime (10%) 208 Break Time (15 min. x 2/day) -125 Lunch Sick Leave/Absence (About 5 days/year) -40 Vacation (2 weeks/year) -80 Training (5 days/year – recurrent) -40 Paid Holidays (8) -64 Other (LOAs – jury duty, reserves, etc.) -48 Annual Available Hours Per FTE 1,891 NBAA MANAGEMENT GUIDE, 2024-01 123 ADMINISTRATION Step 8: Calculate required FTE per aircraft; e.g., 2,247 / 1,891 = 1.2. Step 9: Develop maintenance staff work schedule based on re-currency of maintenance requirements and business needs. The schedule will depend on maintenance task scheduling (every morning, every night, weekends, etc.) and risk tolerance for unscheduled events (i.e., “just in case” labor). It will also depend on the availability of on-demand labor at remote bases of operation that can deal with unscheduled events as required. Adjust FTE per aircraft for schedule constraints, availability of flexible labor and site-specific factors (with site referring to where aircraft is based); E.g., 1.2+ 0.10 for other factors = 1.3 FTE per aircraft. Validation: Review results with NBAA peer operators who conduct business with similar aircraft types and flight schedules. Compare resulting maintenance hours to flight hours ratio against manufacturer data and industry publications (e.g., Conklin & de Decker, ARG/US). E.g.: (4 FTE x 1,891 available hours) / (3 aircraft x 1,200 FHs) = 2.1 maintenance hours per flight hour Compare estimated man-hours for scheduled inspections (Step 5) against vendor quotations to complete the same inspection at external labor rates. For further guidance on the maintenance function, see the Maintenance Operations section of this NBAA Management Guide 1.3.2.22.5 Figure 1.7: Maintenance Personnel Formula The following formula is provided for determining the number of maintenance personnel required. A constant of four work hours of maintenance per one hour of aircraft flight is used. The company can revise this number as necessary. The other constant is 1,577 maintenance hours a year per a person. DESCRIPTION CALCULATION TOTAL Constant Variables Maintenance hours per one flight hour 4 hrs work hrs / 1 hr aircraft flight use 4 Work hrs a year per maintenance technician 52 weeks per year x 40 hours per week 2,080 *Estimated Flight Hours per Year 850 Hours Not Available: Vacation: 15 days x 8 hrs -120 Holidays: 11 days x 8 hrs -88 Sick Leave: 5 days x 8 hrs -40 Training: 10 days x 8 hrs -80 Subtotal of Hours Not Available: -328 Hours Available for Duty 2,080 hrs – 328 hrs 1,752 Non-Productive Time 10 percent of 1,752 hrs (Includes training, breaks, and clean-up time) -175 Total maintenance hours available: 1,752 hrs – 175 hrs 1,577 Estimated Maintenance Personnel Hours Needed 4 Maintenance Work Hours / 850 Flight Hours 3,400 Number of Maintenance Personnel Technicians Needed (Rounded): 3,400 Maintenance Hours / 1,577 Work Hours per Year 2 NBAA MANAGEMENT GUIDE, 2024-01 124 ADMINISTRATION 1.3.3 INDEPENDENT CONTRACTORS AND CONTINGENT WORKERS In order to meet demand and manage items such as employee vacation or sick time, many flight departments turn to contingent workers, which include independent contractors or temporary/part-time workers. Contingent arrangements are a valuable resource for many operators that need additional support from pilots, flight attendants and maintenance professionals, but are not looking to make a long-term employment commitment. When utilizing contingent workers, managers must take steps to make an educated determination as to the proper classification of the worker. For federal tax purposes, a worker is classified as either an employee of the flight department or an independent contractor to the department. If an individual is brought on as an independent contractor, but later found to be an employee, there can be significant negative consequences for the employer. This means that managers must take steps to understand the tax, insurance, and legal ramifications when determining the proper classification of contingent workers. 1.3.3.1 RISKS OF MISCLASSIFIED WORKERS The Internal Revenue Service (IRS) and state taxation departments estimate that tens of billions of dollars in tax revenue is lost each year from the misclassification of workers. For example, although an independent contractor must pay state and federal income taxes on earned income, the entity using the contractor is not required to withhold and remit state and federal income taxes from payments to the contractors. Independent contractors self-report their income and pay the tax directly to the government, but it is widely accepted that there is serious underreporting of these payments. Many states are also concerned with the misclassification of workers as amounts paid to independent contractors are not subject to unemployment taxes and contractors do not contribute to unemployment insurance on their own behalf. In an attempt to recover some of this lost tax revenue, the IRS and various states have begun to aggressively audit employers, and review the classification of independent contractors. Employers that have misclassified employees as independent contractors are subject to penalties, with interest, for failure to withhold the appropriate income taxes. 1.3.3.2 TESTS TO DETERMINE WORKER STATUS Many companies believe that they can choose whether to treat any given worker as an employee or independent contractor. However, there are laws and specific tests that determine whether the worker is an employee or an independent contractor. In general, an employee is an individual, who performs services for you, and who is subject to your control regarding what will be done and how it will be done. In contrast, an independent contractor is an individual that performs services, but the entity utilizing the contractor can only control the result of the work and not the means and methods by which the work is accomplished. The IRS common law rules are one tool that employers can use to help properly classify workers. There are three main categories of evidence that show whether a worker is an employee or an independent contractor: Behavioral control Financial control Relationship of the parties In the case of pilots, employers should carefully review how any written agreements created to satisfy FAA regulatory concerns, such as operational control requirements, impact worker status. For example, if an agreement indicates that the pilot is an “agent” of a company and that company has control over the pilot’s actions, it could present evidence that the worker should be classified as an employee of that company and not as an independent contractor. Most state laws also contain strict tests to determine whether there is sufficient absence of control by an employer to classify the worker as an independent contractor rather than an employee. States use these tests to determine whether an employer is required to provide unemployment insurance coverage to an individual. NBAA MANAGEMENT GUIDE, 2024-01 125 ADMINISTRATION 1.3.3.3 INSURANCE CONSIDERATIONS To make certain the relationship with an independent contractor is insured, the contract for the worker should be submitted to both the aircraft and workers’ compensation insurance underwriters for their review and approval prior to signing. Underwriters recommend any written agreement clearly state insurance requirements of both parties. For aircraft insurance, the contract submitted to the under-writer should name the independent contractor as an insured under the aircraft liability coverage and provide a waiver of subrogation for hull or physical damage coverage in favor of the independent contractor. For workers’ compensation insurance, the contract for the worker should clearly establish who is legally liable for workers’ compensation insurance for each party involved. Operators should note that providing insurance coverage to an independent contractor is considered an employee type benefit and may be one of the factors regulators use in determining the proper classification of the worker. For additional guidance on this topic, flight departments are encouraged to review NBAA’s Best Practices for Utilizing Independent Contractors. 1.3.4 PERSONNEL RECORDS Individual personnel files should be maintained for each aviation department employee. Various laws affect file content, confidentiality, and required period of retention. Medical records must be kept confidential between the crew member and the personal or company physician. All files can be used in a court of law, both for and against the company. Some file content may have to be shared with a potential future employer. Flight department managers/chief pilots should ensure that all records kept are objective, accurate and well-documented. Content and location, as well as retention of the files, should be coordinated with company, legal and human resource policy to assure compliance with applicable federal and state laws. Pilots must be permitted to review their personnel files in accordance with Federal law and company policies. These files should be organized as appropriate to facilitate information retrieval when needed. The following records should be maintained at the flight department: Proficiency check reports (pilot only) Flight and ground training records Copy of current FAA medical certificate Copies of current airman or maintenance certificates Copies of other pertinent licenses and ratings Copy of FCC license (required for international operations) Copy of passport The following files should be coordinated with company human resource personnel for location and content: Application for employment, including resume Record of receipt of manuals and company-issued material Performance evaluations Accident and/or incident reports Company physical examination records (should not be kept at the flight department to ensure confidentiality) Correspondence Copies of all letters of commendation or criticism Copies of all awards and recognitions NBAA MANAGEMENT GUIDE, 2024-01 126 ADMINISTRATION Various performance evaluation instruments exist that adequately and fairly assess a crew member’s performance as a pilot and a company employee. A sample performance evaluation form is provided in Figure 1.10. It can be used for all flight department personnel. However, its use should be coordinated with the company human resource personnel. FDMs/CPs should seriously consider adapting this form to the requirements of their own departments (with input from their human resources personnel), and should become familiar with other evaluation instruments (such as 360 Performance Appraisals) in use by other flight departments. In addition, FDMs/CPs should remain abreast of current and potential human resource/personnel evaluation developments. They should coordinate closely with their company legal and human resource personnel for development and use of personnel evaluation tools. 1.3.4.1 PILOT 1.3.4.1.1 PILOT RECORDS IMPROVEMENT ACT The Pilot Records Improvement Act (PRIA) was enacted primarily as a result of certain airline accidents attributable to pilot error. The accident investigations found that although the pilot or pilots had a history of poor performance, their backgrounds were not investigated by the current employers. As an FAR Part 91 corporate or business operator, the PRIA does not apply to you in the hiring phase. However, after a pilot leaves your employ, if requested, you are required to pass along specific records (listed below) for that ex-pilot. Operators that fly either full-time or part-time under FAR Part 135 are required to gather specific past records of a new pilot within 90 days of hiring the person. The new Part 135 employer must request and receive records from anyone who has employed the applicant as a pilot during the past five years. This request must include a signed written consent of the pilot applicant. The consent immunizes the former employer from any Federal, state, or local lawsuits brought by the pilot, unless the information provided is intentionally false. Former employers (including Part 91 operators) must, within 30 days after receiving the request, provide records pertaining to (a) training, qualification, proficiency or professional competency of the pilot; (b) any disciplinary action that was not subsequently overturned; (c) any release from employment or resignation, termination or disqualification with respect to employment; and (d) any FAA-mandated alcohol and drug testing program results. For further information see Advisory Circular 120-68. 1.3.4.1.2 PILOT RECORDS DATABASE (PRD) The Pilot Records Database (PRD) was implemented to replace the existing Pilot Records Improvement Act. (PRIA) with the goal of creating a comprehensive, standardized system to be used in pilot hiring decisions. The PRD regulations apply to a variety of operators, including: (a) FAR Part 135 operators; and (b) Any FAR Part 91 operators who engage in activities related to or in advancement of their business, whether incidental or intentional, with two or more: (i) Airplanes with standard airworthiness certificates requiring a type rating or; (ii) Turbine helicopters (Covered Part 91 Operators). As a first step, all Part 135 Operators and Covered Part 91 Operators must establish an account with the PRD and designate a “responsible person” to manage the company’s PRD account, including accessing and submitting records and designating individual users within their company who will have access to review and/or submit records. For FAA Part 135 operators the Responsible Person must be someone in a required management position as identified in the operator’s Operations Specifications (i.e., the Director of Operations, Director of Maintenance or Chief Pilot). For Covered Part 91 Operators the responsible person can be any employee of the company, but is usually someone in the company’s flight department, human resources department, or another employee who has direct oversight or responsibility for the flight department. NBAA MANAGEMENT GUIDE, 2024-01 127 ADMINISTRATION Similar to the requirements under PRIA, FAR Part 135 operators will be required to review and evaluate certain pilot records before permitting an individual to begin service as a pilot. In addition to reviewing the records in the PRD, until the final sunset of PRIA on September 9, 2024, Part 135 Operators may also be required to request certain records that are not included in the PRD (i.e., driving history records, historical records not yet required to be reported to the PRD, or records from a previous employer that have not yet been uploaded to the PRD) using the existing PRIA forms. 1.3.4.1.3 Figure 1.8: Sample Manufacturer’s Maintenance Program Sample Manufacturer’s Maintenance Program Manufacturer Estimated Time to Complete REFERENCE NUMBER DESCRIPTION INT Minutes Hours 32-10-00-220-801-A00 Externally inspect the MAIN LANDING GEAR 5A 12.0 0.20 32-20-00-210-806-A00 Externally inspect the NOSE LANDING GEAR 5A 1.0 0.02 32-20-00-220-801-A00 Externally inspect the NOSE LANDING GEAR 5A 5.0 0.08 53-21-00-220-813-A00 Externally inspect the FUSELAGE components 5A 10.0 0.17 53-31-00-220-808-A00 Externally inspect the FUSELAGE components 5A 5.0 0.08 55-10-00-210-803-A00 Externally inspect the HORIZONTAL STABILIZER 5A 5.0 0.08 55-10-00-210-804-A00 Internally inspect the HORIZONTAL STABILIZER 5A 6.0 0.10 55-20-00-210-801-A00 Internally inspect the ELEVATOR components 5A 6.0 0.10 55-20-00-210-803-A00 Internally inspect the ELEVATOR components 5A 6.0 0.10 55-30-00-210-803-A00 Internally inspect the VERTICAL STABILIZER 5A 5.0 0.08 55-30-00-210-806-A00 Internally inspect the VERTICAL STABILIZER 5A 6.0 0.10 57-21-00-210-801-A00 Externally inspect the WING components 5A 3.0 0.05 57-21-00-210-807-A00 Externally inspect the WING components 5A 1.0 0.02 NBAA MANAGEMENT GUIDE, 2024-01 128 ADMINISTRATION 1.3.4.1.4 Figure 1.9: General Maintenance Requirements for Establishing Base Man-Hours General Maintenance Requirements for Establishing Base Man-Hours MAINTENANCE NEED RECURRENCES RESOURCES Routine Checks Pre-flight Daily Management experience, manufacturer input, benchmarking with other operators Post-flight Daily Line Maintenance Aircraft Washing Varies Management experience, manufacturer input, benchmarking with other operators Interior Inspection/Cleaning Varies Ground Equipment/Tooling Upkeep Weekly/Monthly Facility Maintenance/ OSHA Req. Insp. Weekly/Monthly Manufacturer task cards, operations experience, regulatory requirements, benchmarking * Engine Oil Performance (SOAP) Weekly/Monthly * Engine Trend Data Download Weekly/Monthly Specific Weekly/Monthly Inspections (hourly or calendar) Weekly/Monthly Scheduled Inspections Hourly Based on Utilization Aggregate manufacturer task card estimates associated with individual event, operations Calendar Calendar Dates experience, benchmarking Cycles Life limited Structural – Corrosion, etc. Life limited *Required for on-condition engine maintenance programs, or as part of engine type certification or maintenance service plans Although FAR Part 91 operators may voluntarily choose to evaluate a pilot’s records in the PRD as part of the hiring process, they are not required to do so. FAR Part 135 Operators must upload all the following records to the PRD within 30 days of the creation of the record (PRD Records) Records relating to failed drug or alcohol tests (or refusal to submit to a test) or on duty alcohol use Records establishing a pilot’s compliance with FAA-required training, qualifications, and proficiency events (including comments from the evaluator) Records related to pilot performance concerning the training, qualifications, proficiency, and professional competence of the pilot (including comments from the evaluator) Records regarding disciplinary actions pertaining to pilot performance Records documenting separation of employment Covered Part 91 Operators must retain all PRD Records for a period of five years and must upload them to the PRD within 14 days of receiving a request from an operator that is seeking to hire a pilot previously employed by the Covered Part 91 Operator. However, this does not apply to records relating to: (a) separation of employment due to pilot performance or professional disqualification; or (b) disciplinary action resulting in suspension from piloting for any amount of time. Covered Part 91 Operators must automatically report this subset of PRD Records within 30 days of the relevant event. For clarity, the PRD rules to do not require Covered Part 91 Operators to create any particular records, only to retain and report records that they create in the normal course of their business. NBAA MANAGEMENT GUIDE, 2024-01 129 ADMINISTRATION FAR Part 135 Operators must upload all historical PRD Records dating back to August 1, 2010, to the PRD. The deadline to upload these historical PRD Records is June 12, 2023, for all records dated on or before January 1, 2015, and September 9, 2024, for all records dating back to August1, 2010. The only historical records that Covered Part 91 Operators are required to retain are records that were in their possession as of June 10, 2022, and that would have been reportable under PRIA (i.e., all records that would provide relevant and useful background information concerning the pilot’s experience, proficiency, and safety history). These records must be retained for five years and are reportable as provided above. For further information see FAA Advisory Circular 120-68J and the extensive resources on the FAA’s PRD website at https://www.faa.gov/regulations_policies/pilot_records_database. 1.3.4.1.5 PILOT LOGBOOKS Each pilot is required by FAR Part 61 to ensure proper certification and currency to exercise the privileges for each type of operation in which they participate. Additionally, since pilots are controlled by the aviation department through scheduling, the chief pilot should oversee pilot qualifications and currency to ensure compliance with both federal regulations and company policies. Management may accomplish this through required reports from crew members or from a separate database maintained incident to recording flight operations information. Currency items to track include: Pilot in command (PIC) proficiency checks Flight evaluations Required training Takeoff/landing (including night) Actual instrument time and approaches Date and class of last FAA medical Additional qualifications (International, MNPS, CAT II, external load, etc.) 1.3.4.2 MAINTENANCE PERSONNEL RECORDS A technician’s performance of assigned duties may be viewed from two perspectives: First, from that of the FAA, and second, from that of the company employing the individual. FAR 43, Subpart 43.13 provides the technician with guidelines to follow when performing maintenance on aircraft. It should be mentioned that these guidelines, summarized below, are considered the minimum requirements. A person is required to follow methods, techniques and practices set forth by the aircraft or component manufacturer. These instructions or techniques should be acceptable to the administrator. The individual carrying out these practices should use the proper manufacturer’s maintenance manuals or other instructions for continued airworthiness, tools and equipment as spelled out in the procedures, or the equivalent as acceptable to the administrator. Each individual maintaining, altering or performing maintenance will do it in such a manner that the condition of the engine, aircraft or component thereof will be at the very minimum equal to the original or properly altered condition. Special provisions exist for individuals who operate under air carrier FAR 121, 125, 129 and 135. One of the requirements when operating under these rules is that when holding an air carrier certificate you must provide a program of continued airworthiness acceptable to the administrator. A technician working in business aviation must be a multi-skilled individual. The development and measure of a maintenance person rely heavily on both interpersonal skills and technical proficiency. These two must work hand in hand in order for the individual to be effective and productive. NBAA MANAGEMENT GUIDE, 2024-01 130 ADMINISTRATION 1.3.4.2.1 Figure 1.10: Sample Performance Evaluation Sheet Job Classification: Employee’s Name: Department: Employment Date: Time on Present Job: Instructions: Consider the entire evaluation period, not just isolated incidents. 5. Outstanding: Exceeds persons typically found in job. Should be in top 10 percent, very little improvement possible 4. Above Average: Displays abilities that exceed 70 percent of the people on this level. Does superior work although some improvement possible. 3. Effective: Doing a respectable job in present assignment; performance may range from adequate to good. 2. Marginal: Developing slowly or evidences limitations in handling present duties; improvement needed. 1. Inadequate: Unsatisfactory at present time. Major improvements required. Accomplishments: 1 2 3 4 5 Does the job get done? How Much useful work does the employee turn out in relationship to others? The employee is able to get out special work when needed? The work output of the employee and subordinates of high quality and accuracy? Explanation: Technical Competence 1 2 3 4 5 Does the employee possess the required skills necessary for this position Does the employee have technical knowledge of related areas Explanation: Communications: 1 2 3 4 5 Is the employee able to express ideas effectively? Is the employee concise? Is the employee an effective listener? Explanation: Planning and Organization: 1 2 3 4 5 Does the employee budget time or get bogged down in routine or lost in details? How does the employee oeprate under pressure? Is the employee’s work planned and organized? What is the employee’s actual performance as compared to the established target? Explanation: NBAA MANAGEMENT GUIDE, 2024-01 131 ADMINISTRATION Criteria that may be helpful in measuring the performance of not only technicians but also aviation department employees as a whole include: Writing skills Writes clearly and informatively Edits work for spelling and grammar Varies style to meet the needs of the audience Team Participation Balances team and individual responsibilities Exhibits objectivity and openness to other views Gives and welcomes feedback Contributes to building a positive team spirit Quantity Completes work in a timely manner Achieves established goals Quality Demonstrates accuracy and thoroughness Displays a commitment to excellence Looks for ways to improve and promote quality Applies feedback to improve performance Monitors own work to ensure quality Problem-solving Identifies problems in a timely manner Gathers and analyzes information skillfully Develops alternative solutions Resolves problems in early stages Works well in group-problem-solving situations Planning and organization Prioritizes and plans work activities Uses time efficiently Plans for additional resources Integrates change smoothly Sets goals and objectives Organization support Follows policies and procedures Completes administrative tasks correctly and on time Supports the organization goals and values Benefits the organization through outside activities Oral communication Speaks clearly and persuasively Listens and obtains clarification Responds well to questions Demonstrates group presentation skills Participates in meetings Judgment Displays a willingness to make decisions Exhibits sound and accurate judgment Includes the appropriate people in the decision-making process Job knowledge Competent in the required job skills and knowledge Exhibits ability to learn and apply new skills Keeps abreast of current industry developments Requires minimal supervision Displays an understanding of how the individual’s job relates to others’ jobs Initiative Volunteers readily Undertakes self-development activities Dependability Responds to requests for service and assistance Follows instructions and responds to management direction Takes responsibility for own actions Commits to doing the best job possible Meets attendance and punctuality guidelines Customer service Displays courtesy and sensitivity Meets commitments Responds to customer needs Manages difficult or emotional customer situations Cooperation Establishes and maintains effective relations Displays positive outlook and pleasant manner Offers assistance and support to co-workers Works actively to resolve conflicts Works cooperatively in group situations Communications Expresses ideas and thoughts verbally Expresses ideas and thoughts in written form Exhibits good listening and comprehension Selects and uses the appropriate communication methods Analytical skills Synthesizes complex and diverse information Collects and utilizes data Uses intuition and experience to compliment data Identifies data relationships and dependencies NBAA MANAGEMENT GUIDE, 2024-01 132 ADMINISTRATION 1.3.5 SALARIES AND BENEFITS The company human resource department and the flight department manager/chief pilot (FDM/CP) have the responsibility to develop a salary framework that fits into the company’s salary structure and adequately compensates aviation department personnel. This is an important function of the FDM/CP to ensure that human resource personnel fully understand and appreciate the unique qualifications and work performance required of flight department personnel. NBAA publishes an annual Compensation Survey. The survey is based on information provided by NBAA members and presents information in a way that ensures confidentiality. The salaries are broken down by type of certificate, seniority with company, years in current position, age, industry group and other factors. Additionally, the FDM/CP may want to review other salary survey instruments available through various aviation industry sources. The following positions are included in the NBAA Compensation Survey: Aviation department manager (non-flying) Aviation department manager (flying) Chief pilot Senior captain Captain Copilot Manager of maintenance Maintenance foreman Airframe and powerplant (A&P) maintenance technician Maintenance technician helper Avionics technician Scheduler Dispatcher (licensed) Flight engineer Flight attendant Line service personnel Most aviation department employees are covered by the company benefit programs. Such programs generally include vacations, sick leave, leave of absence, insurance (e.g., accident, health, travel, disability), and retirement, and may also include bonuses, stock options, profit sharing and other benefits. Two such items are of particular interest to flight crew members: (1) early retirement and (2) short-term disability programs. 1.3.5.1 PILOT DISABILITY CONSIDERATIONS Many companies have disability policies for all employees. The flight department manager/chief pilot (FDM/CP) should ensure that the disability policy adequately and fairly covers pilot employees. If a physical ailment arises that is sufficient to ground the pilot, but not sufficient to prevent gainful employment, another position within the flight department or company structure may be the answer. However, a pilot who has no other employable skills may require retraining and may have to adjust to a different job/career and pay structure, possibly outside the company. The disability policy should be broad enough to cover training and outside placement if required. 1.3.5.2 LOSS OF LICENSE INSURANCE Loss of license insurance also is known as salary continuance and provides funds for the short term rather than the long term. Use of loss of license insurance should be coordinated with company human resource personnel. This coverage is subject to change or cancellation depending on loss ratios. NBAA offers a specially designed loss of license insurance program for all association members. NBAA MANAGEMENT GUIDE, 2024-01 133 ADMINISTRATION 1.3.6 PILOT RETIREMENT CONSIDERATIONS The “ideal” retirement age for business aircraft pilots is subject to debate and is of interest to both pilots and managers alike. While airlines operating under FAR Part 121 are required to remove pilots from active flight status at age 65, there is no such mandatory retirement age for non-airline operations. Nevertheless, some corporate flight departments have adopted policies that require pilots to either retire at age 65. The federal Equal Employment Opportunity Commission (EEOC ) has consistently taken the position that such policies, outside the Part 121 context, violate the Federal Age Discrimination in Employment Act (ADEA). The ADEA makes it unlawful for an employer to discriminate based on an individual’s age, as long as the individual is at least 40 years old. (Note, however, that many states have age discrimination statutes that protect all employees, regardless of age.) In a recent decision, however, a federal Court of Appeals rejected the EEOC‘s position. The Fifth Circuit Court of Appeals found that the corporate flight department had established that age was a bona fide occupational qualification (BFOQ) of the corporate pilot position. According to the court, the corporate flight department demonstrated that its mandatory retirement policy was reasonably necessary to the normal operation of the business and that either it had reasonable cause to believe that substantially all persons over the particular age would be unable to perform the job safely and efficiently, or that it was impossible or highly impracticable to deal with the older employees on an individualized basis. Before rushing to implement a mandatory retirement policy, however, corporate flight departments would be well advised to consult with experienced aviation employment council before adopting its own “Age 65 rule.” The determination of whether age constitutes a BFOQ must be made on a case-by-case basis and is heavily dependent on the facts of the cases. Furthermore, the decision of the Fifth Circuit is no guarantee that other federal or state courts will not reach a different conclusion. Moreover, a mandatory retirement policy may not be the solution for every flight department. NBAA encourages members to assess the needs of the flight department and company, and adopt a retirement policy that meets those needs. A survey of NBAA members revealed a wide variety of retirement plans. Some companies keep pilots on the same retirement plan as other corporate employees. Some companies with mandatory retirement ages earlier than age 70 also provide additional compensations. The following additional compensation policies were among those reported to NBAA : Place the pilot, if qualified, into another position within the company Credit additional years of service to bring a pilot up to normal retirement benefits Add additional “points” to the pilot’s retirement program Continue to provide health and insurance benefits During those years between a pilot’s “early” retirement and age 65, pay the pilot what Social Security pays pilots who actually retire at age 65 Pay all or part of a pilot’s actual salary between retirement and age 65 Raise the salary to the maximum Award a two-year severance pay as salary continuation Pay a salary equal to three years’ salary for the five years between age 60 and age 65 Pay double the retirement pay until age 65 Pay the early retiree the same early retirement allowance as other employees retiring at age 62 with level of payment continuing to age 65 Pay 60 percent of base pay until retired at age 65, or 100 percent of annuity at age 55, or 53 percent of annuity at age 50 with 10 years’ service Award 85 percent of present salary for five years, at age 60, then revert to full pension pay Pay full salary for two years for non-working capacity Pay 100 percent of retirement benefit at age 60 and 9 percent of last annual salary additional for life Pay additional 12 months’ salary on retirement Pay 85 percent of pension at age 60 that would have been paid at age 65 The particular retirement approach taken by flight department management should reflect careful consideration of current legal, human resource and corporate policy. NBAA MANAGEMENT GUIDE, 2024-01 134 ADMINISTRATION 1.3.7 CAREER DEVELOPMENT TRAINING Initial, recurrent and other training should be made available to, and required of, all aviation department personnel. Specific guidelines for flight crew training are contained in the Flight Operations section. Aeronautically oriented personnel tend to think of training primarily in terms of the technical competency and proficiency required to maintain safe and efficient aircraft operations. Although these are important areas, they make up only one dimension of the aviation department assignment. In order for aviation department personnel to be truly effective, they must support fully the mission of the company in the most efficient and effective manner possible. This support requires a knowledge and appreciation of the company business in terms of cost-effectiveness, operational control and planning for future requirements. All flight department personnel should be trained to understand these and other management concepts of company operations. Each aviation department member should be encouraged to take courses in basic management, personnel management, planning and accounting. This type of training should be a part of the overall flight-department career-development plan. It is good for the company and will enable flight department personnel to develop long-term career skills. NBAA offers this type of course content through its Professional Development Program (PDP). As other ways to promote the highest standards of career development and professionalism, NBAA offers the Certified Aviation Manager (CAM) program and the Standards of Excellence in Business Aviation (SEBA) Program. It also offers career training for business aviation professionals through its Business Aviation Convention & Exhibitions, regional forums and seminars. A full list of NBAA career development resources is listed online at www.nbaa.org/education. 1.3.7.1 CERTIFIED AVIATION MANAGER PROGRAM NBAA developed the Certified Aviation Manager (CAM) program to recognize excellence in the field of business aviation and to raise the level of professionalism and quality of management within flight departments. The CAM credential is the ultimate recognition for business aviation professionals. A CAM is an individual who has met specified qualifications defined by the CAM program and has passed the CAM exam. NBAA, the CAM Governing Board and the business aviation community recognize CAMs as individuals who have reached a high level of industry knowledge, and are qualified and prepared for management roles with business aviation. The CAM exam tests knowledge and experience in five subject areas: Domain I – Leadership Domain II – Human Resources Domain III – Operations Domain IV – Aircraft Maintenance and Facilities Operations Domain V – Business Management NBAA and its CAM Governing Board administer the exam qualification and application process, the CAM exam, and the certification and recertification of those qualified individuals who have passed the exam. Program materials include the CAM Candidate Information Handbook and the CAM Study Guide. For more information, contact NBAA at (202) 783-9000 or cam@nbaa.org, or visit www.nbaa.org/ cam. 1.3.7.2 PROFESSIONAL DEVELOPMENT PROGRAM NBAA’s Professional Development Program (PDP) was developed to prepare business aviation professionals for management roles within business aviation flight departments. NBAA MANAGEMENT GUIDE, 2024-01 135 ADMINISTRATION Any person who occupies or aspires to a management position in a company involved with business aviation is a potential candidate. Through the program, an individual can begin preparing for management roles in the flight department while working full or part-time as a flight department member. Individuals receive recognition for successfully completing PDP-approved courses. For more information about PDP, contact NBAA at (202) 783-9000 or pdp@nbaa.org, or visit www.nbaa.org/pdp. 1.3.7.3 NBAA BUSINESS AVIATION CONVENTION & EXHIBITION, REGIONAL FORUMS The NBAA Business Aviation Convention & Exhibition provides an unsurpassed opportunity for attendees to view the largest display of purely civil aviation exhibits in the world. Each year, thousands of people learn about cutting-edge aviation products and services on the exhibit floor, and the outdoor static display of aircraft features a wide range of state-of-the-art business aircraft. More than 100 education sessions teach operational best practices that allow flight departments to be even more efficient, productive and valuable to their organizations. This gathering of business aviation professionals, where business aircraft management, operations, maintenance, budgeting and products are covered exhaustively, is the single most important business aviation event of the year. NBAA also offers a Business Aviation Regional Forum series that targets the needs of regional communities, and international exhibitions modeled after the NBAA Business Aviation Convention & Exhibition. Learn more about NBAA’s exhibitions and regional forums at www.nbaa.org/ events. 1.3.7.4 YOUNG PROFESSIONALS IN BUSINESS AVIATION NBAA‘s Young Professionals in Business Aviation (YoPro) is a group dedicated to building relationships between emerging leaders across the business aviation industry. Members of the YoPro Council, the group’s governing arm, work to connect young professionals in the industry through networking events and online initiatives. YoPro also shining a light on the contributions of young aviation professionals through efforts such as the Business Aviation Top 40 Under 40. Learn how you can get involved in the movement at www.nbaa.org/yopro. 1.3.7.5 MENTORING NETWORK The NBAA Mentoring Network is designed to help business aviation professionals grow in their roles and within the industry. Mentoring in the modern era is a collaborative partnership between an experienced individual and someone who desires to learn – a mentor is no longer someone who dictates the way things should be to a younger or less experienced individual. Likewise, a mentee is no longer a passive receiver, but instead is an active learner. Mentoring relationships are driven by the needs and ambition of the mentee, as the two will work together over the course of the program to achieve specific, defined goals that focus on developing the mentee. Some mentees will be new to the industry, others may be facing a transition in their flight departments, moving up from a turboprop to a jet, beginning international operations or putting an aircraft on a Part 135 certificate. Participants will complete the four stages to the mentoring process: preparation, collaboration, growth, and closure. For more information on each stage, read the NBAA Guide for Mentors or the NBAA Guide for Mentees. 1.3.7.6 CONFERENCES AND SEMINARS NBAA offers a comprehensive selection of professional development offerings for business aviation, including an extensive array of conferences and seminars aimed at targeted professions, from aviation department managers, chief pilots and maintenance managers to schedulers, dispatchers, flight attendants and flight technicians. NBAA MANAGEMENT GUIDE, 2024-01 136 ADMINISTRATION In an attempt to keep industry professionals current with crucial topics in business aviation, the conferences and seminars offer education sessions presented by experts addressing such important topics as: Aircraft and operational regulatory compliance Flight department asset management Workplace and community leadership Safety, security and emergency response plans Operational excellence and efficiency Evolving technologies These events take a “deep dive” approach to providing the access to industry experts and information the business aviation marketplace needs to get the job done. From addressing current industry trends and issues, to basic hands-on information, to networking and social opportunities, NBAA‘s conferences and seminars offer professional development at the highest level. Contact NBAA for an up-to-date schedule, or visit the NBAA website at www.nbaa.org/events. NBAA MANAGEMENT GUIDE, 2024-01 137 ADMINISTRATION 1.3.7.6.1 Figure 1.11 Sample Company Aircraft Travel Request Form Date Trip Number Aircraft Requested by Department Point of Contact Phone Email ITENERARY Leg Departure Date Aircraft Destination (City and State) *Departure Time (Local) *Arrival Time (Local) 1 2 3 4 5 * Request either the time to depart or the time passenger needs to land PASSENGER LIST Leg 1 Leg 2 Leg 3 Leg 4 Leg 5 1 2 3 4 5 6 7 8 9 10 PURPOSE OF TRAVEL Check Selections: o Business o Business Entertainment o Other o Personal Details of Business Purpose Department or Account Charged Requestor’s Signature Authorized by Date (Name and Title) To Be Completed by Aviation Department: Date Recieved Trip Information Confirmed by NBAA MANAGEMENT GUIDE, 2024-01 138 ADMINISTRATION 1.3.8 UNDERGRADUATE STUDENT INTERNSHIP PROGRAMS A flight department internship is perhaps the best way to introduce aviation undergraduate students to careers in business aviation, and this arrangement is mutually beneficial. Host companies realize the benefits of opening their doors to young individuals who represent the future of business aviation, while students gain exciting work and a rewarding learning experience in business aviation. Through internships, students are introduced to the various roles within the flight department and their requirements, as well as the ways in which flight department members interact as a team. Interns can connect classroom theory with current industry practice more easily and gain exposure to the latest aviation technology and trends. Just as important, interns have the opportunity to interact personally with experienced professionals who can provide valuable insight into the flight department’s operations. Exploring their area of study in a real-world environment gives students a special opportunity to evaluate a potential career in business aviation. Employers from a wide variety of industries indicate that graduates with internship experience are highly attractive potential employees. An intern’s performance is often more professional and such candidates are often able to contribute more effectively immediately upon entry into the organization. In addition, internship hosts often comment favorably that an intern’s enthusiasm for the job can have a positive impact on the morale of the entire flight department. The host organization further benefits from the additional manpower the intern provides. Company mentors can provide specialized guidance that enhances a student’s aviation education and career development. Many companies also view a student’s participation in an internship as a means to screen, select and recruit that student for a future permanent position. As further guidance, this section provides suggestions for an internship timeline, job description and responsibilities, qualifications and a list of frequently asked questions. See also Figure 1.12 for a sample onboarding agenda and Figure 1.13 for a sample intern project assignment list. 1.3.8.1 TIMELINE Undergraduate student internships typically are scheduled for a 13 to 15 week commitment with consideration given to the flight department’s schedule and the needs and academic calendar of the student’s home college/university. The suggested internship timeline is as follows: Six weeks prior to expected start date – student applications due to the flight department Four weeks prior to expected start date – interviews held for the intern position Three weeks prior to expected start date – notification of hire sent to intern Final day of internship – as arranged (typically a 13 to 15 week commitment) NBAA MANAGEMENT GUIDE, 2024-01 139 ADMINISTRATION 1.3.8.2 JOB DESCRIPTION AND RESPONSIBILITIES The following is a suggested minimum job description for a company to use when advertising its internship program: “This Undergraduate Student Intern position gives a student an opportunity to gain operational experience with respect to business aircraft. The intern will rotate through the various areas of responsibility within the flight department to ensure a well-rounded exposure to all aspects of the department. When applicable, the flight department will provide appropriate documentation to satisfy the college or university requirements for participating in the intern program.” The company can also communicate that the student will gain first-hand knowledge of business aircraft operations through the hands-on observation (excluding flight deck duties) of all facets of the company flight department. The intern can expect to gain exposure and operational understanding in one or more of the following department areas: Flight operations Domestic and international flight operations Aircraft maintenance Aircraft servicing Customer service Flight attendant operations Aircraft scheduling Crew scheduling Flight planning 1.3.8.3 QUALIFICATIONS The recommended qualifications for flight department interns are as follows: Undergraduate student enrolled in an appropriate bachelor’s degree program at an accredited college/university as a junior or senior in good standing Strong academic credentials (minimum 3.0 GPA) or strong practical experience or skills. Note: Many individuals who have struggled with academics have excelled in practical tests and tasks. Satisfactory disciplinary record (both at school and in the community) Academic preparation appropriate to the internship position For pilots: commercial pilot certificate with instrument airplane rating Proficient in office computer programs such as Microsoft Office (Excel, Word) Positive attitude and self-motivated work skills Excellent written and verbal communication skills Able to provide own housing and transportation during internship 1.3.8.4 INTERNSHIP PROGRAM FAQS The following are frequently asked questions (FAQs) about business aviation internship programs. 1.3.8.4.1 Are undergraduate student interns “employees” of the host organization? Undergraduate students are generally not considered employees of the host organization, and are generally not eligible for direct compensation or benefits regularly extended to employees. No lasting or commercial benefit is sought or expected by the parties, other than the intrinsic lasting benefit of the work and study experience intended. 1.3.8.4.2 Are undergraduate student interns paid during the internship? Some host organizations provide undergraduate students interns with remuneration in some form while others do not, and it is strictly at the discretion of the host organization. It is generally believed that a meaningful work-learning experience is the primary and essential benefit. When remuneration is offered, it is generally in the form of a stipend or scholarship to support the intern’s work, learning experience or to defray expenses related to the experience. NBAA MANAGEMENT GUIDE, 2024-01 140 ADMINISTRATION 1.3.8.4.3 Figure 1.12: Sample Onboarding Sample Onboarding Agenda, Day 1 The following is a sample list of topics to cover on Day 1 of the internship. Human Resources Department Presentation Company documents Company identification cards Introduction and Training Agenda Overview Outline of onboarding agenda Mentor and sponsor assignments Present operations manual Training log forms (build personnel file with copy of application, FAA pilot’s licenses, FAA physical, pass- port, crew roster form for software) Company Overview Company values and operating principles Department goals (safe, flexible, reliable, convenient) Company aircraft justification and software program Cost-cutting procedures/new aircraft on order IS-BAO process Company structure Flight department personnel duties Hangar and Office Orientation Tour Introduce aircraft in hangar Introduce department personnel, give facility tour Cover gate-codes, keys, security system, airport ID badges FBO parking sticker, personal business cards Department mailboxes, reading material, bulletin board, software, email Telephone voicemail system, department contact numbers FBO department and customer service lobby areas Your Company’s Flight Department Operations Manual Aircrew dress and appearance Passenger relations Aircraft security (unaccompanied baggage policy, passenger verification policy) Accident procedures (NTSB 830), company emergency response plan FAA-violations and legal considerations (NASA reporting) Non-company employment Divulgence of company information (security, pilot trip sheets) Press relations Airport Identification Fingerprinting Local airport ID NBAA MANAGEMENT GUIDE, 2024-01 141 ADMINISTRATION 1.3.8.4.4 Figure 1.13: Sample Intern Project Assignment List Fuel Tracking and Usage Automated Flight Deck Policy IS-BAO Safety Audit Program Syllabus Management Description: Recent increases in fuel and oil prices worldwide have had a large impact on flight operating expenses. Department policies to increase operating efficiencies that conserve fuel and attain the best available cost at the point of purchase help flight crews, dispatch and management contribute to cost-saving efforts. Flight crews have been asked to write the actual posted fuel price on the top of the fuel receipt issued at FBOs where fuel is purchased. Comparing the FBO-postedfuel-price purchase cost to the actual effective price issued from volume discounts, or other negotiated point-ofpurchase deals, helps define cost savings. The company operates complex; advanced-technology aviation equipment. HUD, EVS, GPWS, TCAS, FMS, and autoflight systems must be managed from standard flight deck operating procedures to enhance safety. The intern will research industry standards for guidelines and assist in the development of standardizing operating procedures as they pertain to current and projected flight deck automation within company flight operations. The company’s flight department has been working to align operating procedures with the International Standard for Business Aircraft Operations (IS-BAO). An integral part of this process is the safety audit, which will be used across the operation. This safety audit will proactively identify safety issues that can be addressed to prevent accidents and improve overall safety efficiency. The undergraduate student intern program is an opportunity for a student to gain valuable experience and an overall understanding of flight department functions. The intern will become a part of the flight department by contributing input and working on internal projects appropriate to the intern’s experience level. The company wants this program to be an enriching and valuable part of the intern’s career development, and also ensure the quality of future intern programs. Project Steps: Partner with dispatch to understand the fuel slip postflight process in the company software. In addition, gain an understanding of the existing fuel reports available in the software. Analyze the data and construct various methods of presenting fuel purchase behaviors (savings over retail, etc.). In addition, work with the chief pilot to summarize the details of the fuel programs of providers (FBO fuel programs, specialty fuel programs). List aircraft flight deck equipment within current fleet and projected replacement aircraft. Using a variety of credible resources (OEM manuals, industry internet sites, other operators, industry publications, etc.), research and assist in the development of flight deck operating standards. Review current SOPs for alignment with industry standards, and recommend changes. Identify areas of the flight department that will be evaluated in the safety audit. Use the IS-BAO design manual and the “Your Company Flight Operations” Manual to design a safety audit form to collect data and a rating system to help interpret the data. Collect data and evaluate the rating system results to identify areas of the company’s operation that pose the highest risk factors. Partner with the safety committee and department managers to build strategies to deal with these risks and track the effects of the implemented solutions. Review and provide feedback on the company’s undergraduate student intern program. Compare actual experiences to expectations at the start of the program. Review the effectiveness of the entire program from the interview and selection stage, to the “onboarding” orientation, to project completions and trip observation flights. Review the program description and project list for possible revisions that would, and enrich the experience for the next intern candidate. Candid responses are welcomed and expected. Expected Outcome: This project will familiarize the intern with the jet fuel pricing the importance of aggressive price management for a flight department. Fuel costs account for the largest budget expense line item. This project will enhance the company flight department’s ability to present savings activities for supplier negotiation purposes, and to support expense savings initiatives in budget meetings. As a review of this process will provide an independent look at the company’s operating practices and their alignment with industry standards. By Researching projected equipment, the company gains a preliminary projection of implementation challenges, and alignment of desired training and maintenance programs. The IS-BAO safety audit will proactively identify risks that exist in the flight department operation. The format and content of this program should accurately gather content and evaluate possible risk factors within flight department operations. The intern will be required to work in partnership with the safety committee and department managers design, implement, interpret and refine the safety audit process. The intent of the company’s undergraduate student intern program is to have the intern gain an understanding and appreciation of business aviation flight operations. During the completion phase of the program, the intern should possess the best perspective for current program effectiveness and future program development. Candid feedback on both the positive and negative aspects of the program will help guide the changes that will update and improve the program for the next intern candidate. NBAA MANAGEMENT GUIDE, 2024-01 142 ADMINISTRATION 1.3.8.4.5 What is expected of the host organization during the internship? The host organization is expected to assign the under-graduate student intern to duties and work schedules that are both reasonable and consistent with that position for others holding similar positions of responsibility. The host will provide direct effective supervision to the intern to ensure prompt, high-quality feedback and opportunity for the intern to resolve any questions and/or concerns related to assigned duties and professional growth through the internship. The host will provide a final evaluation to the intern and the intern’s home institution documenting the host organization’s assessment of the intern’s performance during the internship 1.3.8.4.6 What can the host organization expect of the intern? Undergraduate student internships are rich experiences and students are screened and selected by the faculty of the home institution for participation in these experiences. The host organization can expect consistently high-quality work and professional work habits from the intern, and a strong commitment to the host organization’s success in its mission and operations. Undergraduate student interns understand the importance of maintaining the confidentiality of proprietary information and practices and commit to keeping such business information (contracts, projects ideas, work decisions, etc.) strictly private and confidential. 1.3.8.4.7 What liability is incurred by the host organization during the internship? The host organization does not incur legal liability for the safety and well-being of the intern beyond that which would be reasonably expected by a visitor or guest. The host organization is obliged to exercise due care for the safety of its operations, crews and passengers and adhere to relevant state and federal safety and other workplace regulations, and it agrees to provide written notification to the intern and the intern’s home institution of any special risks to which the intern may be exposed. The student accepts the internship with advance knowledge of such risks. 1.3.8.4.8 What happens if the host organization is unable to fulfill its obligations? The host organization is expected to exercise reasonable care in planning for the internship opportunity and to make a good faith effort to fulfill its obligations to provide a meaningful work-learning experience for the scheduled term. Still, unforeseen circumstances or substantial changes to the host organization’s operations may preclude completion of the internship experience. The host organization does not incur legal or contractual liability to the intern or the home institution for the completion of the experience beyond a good faith effort. 1.3.8.4.9 What is the expected work schedule? How much flexibility is there in this schedule? Undergraduate student internships are generally planned for a minimum of 15 hours per week on average to a maximum of a fulltime commitment arranged in advance by mutual agreement between the host organization and the student. The basic work schedule is usually set by agreement and with regard to the intern’s other school commitments (if not serving full time in the internship). Flexibility by both parties is very useful in response to variations in the operational tempo of the host organization or especially busy times in the intern’s school calendar. Undergraduate student internships are scheduled for a period of about 12 to 14 weeks. 1.3.8.4.10 How can host organizations identify potential school partners and interns? Host organizations can identify potential school partners among colleges and universities offering undergraduate degrees in aviation flight operations, aviation management and related disciplines through two key sources: The University Aviation Association (UAA) is the professional association of collegiate aviation and home to colleges/universities, individuals and organizations involved in this work. Information on member schools can be found at www.uaa.aero or at the home offices of the UAA. The Aviation Accreditation Board International (AABI) is the accrediting organization for collegiate aviation programs. Schools that have earned recognition by this body have demonstrated that their programs meet high standards for program and instruction. Information on accredited programs can be found www.aabi.aero/programs.html. Potential intern candidates can be identified by contacting a potential school partner directly. Internship programs often are coordinated by the school’s office of career services, which can put host organizations in contact with potential candidates or supervising faculty. NBAA MANAGEMENT GUIDE, 2024-01 143 ADMINISTRATION 1.3.9 REFERENCES FOR HUMAN RESOURCES This section lists additional references members may access for more information. NBAA publications may be downloaded or requested via the NBAA website at www.nbaa.org. If essential references are missing from this list, contact NBAA at www.info@nbaa.org. 1.3.9.1 DEPARTMENT STAFFING Industry Database NBAA Member Directory, www.nbaa.org/directory 1.3.9.2 PILOT LOGBOOKS Federal Aviation Regulations Section 61.51: Pilot Logbooks Section 61.56: Flight Review Section 61.57: Recent Flight Experience: Pilot in Command 1.3.9.3 SALARIES AND BENEFITS Publications NBAA Compensation Survey 1.3.9.4 INDEPENDENT CONTRACTORS AND CONTINGENT WORKERS Publications NBAA Best Practices for Utilizing Independent Contractors, www.nbaa.org/contractors 1.3.9.5 TAX CONSIDERATIONS Payments made by candidates for transportation are subject to federal air transportation excise taxes. Current excise tax rates are posted at www.nbaa.org/fet. NBAA MANAGEMENT GUIDE, 2024-01 144 FLIGHT OPERATIONS 2.1 FLIGHT OPERATIONS 2.1.1 OPERATIONAL CONTROL The FAA defines operate, with respect to aircraft, as “use, cause to use or authorize using aircraft, for the purpose of air navigation including the piloting of aircraft, with or without the right of legal control (as owner, lessee or otherwise).” This broad definition is found in 14 CFR § 1.1, which also defines operational control. The latter term, with respect to a flight, means “the exercise of authority over initiating, conducting or terminating a flight.” The FAA expects the operator of an aircraft to be in operational control of that aircraft – that is, actively exercising authority over initiating, conducting and terminating the flight – and places the responsibility of ensuring safety and regulatory compliance squarely on the operator. As well, legal liability of operating the aircraft lies primarily with the entity in operational control. In situations where an aircraft is operated by the same entity in all cases, it is generally easier to determine whether that entity is in operational control as stipulated by the FAA. However, in business aviation, it is not uncommon for a given aircraft to be operated by more than one entity (sequentially, not simultaneously) on a flight-by-flight basis. A typical situation is for a business aircraft to be leased to a Part 135 air carrier for commercial use, while the aircraft’s owner retains the ability to also operate the aircraft for its own use under Part 91. Likewise, an aircraft can be owned by more than one owner, and each owner operates the aircraft for its own purposes under Part 91. In these and similar cases, it is important to distinguish the entity that has (and must have) operational control of a given flight, and ensure that the tenets of operational control are satisfied for every flight, no matter the operator. See the Operational Control Handbook on the NBAA website for additional guidance on operational control. FAA Operations Specification A008 sets operational control requirements for Part 135 air carriers. Part 91, Subpart K includes regulations that prescribe operational control responsibilities and requirements applicable to fractional ownership programs. No matter the regulations under which an aircraft is operated, all operators should be well acquainted with operational control requirements and responsibilities. 2.1.2 FLIGHT OPERATIONS PERSONNEL CERTIFICATES, RATINGS AND TRAINING A professional pilot must maintain a level of proficiency that will ensure the pilot’s ability to operate the aircraft safely and cope with emergency situations. Each aviation department manager, chief pilot, or designee is responsible for maintaining adequate records and follow-up files on all maintenance checks, permit and required certificates, licenses and currency requirements for flight crew and personnel. Any flight crew member delinquent in any required certificates or licenses, currency requirements, flight checks or training, including FAA medical examinations, should be suspended from flying duty until the requirements are met. Business aircraft operators should require that the pilot in command hold an airline transport pilot (ATP) certificate and that other pilots hold at least a commercial certificate with an instrument rating. FAR Part 61.31(a) requires that the person acting as pilot in command of a turbojet airplane, an airplane over 12,500 pounds maximum gross takeoff weight, a helicopter that requires an ATP certificate or an aircraft specified by the administrator, hold a type rating in that aircraft. The FAA also has a specific policy for certain type ratings that are not found in the FARs. FAA Order 8900.1 includes information for pilots who apply for a type rating in an airplane that is permitted to be operated without a person designated as the second-incommand. A pilot who applies for a type rating in such an airplane has two options. Under the first option, the pilot can receive the type rating without any limitations. However, the pilot is required to demonstrate single-pilot competence on the practical test. Under the second option, the pilot can receive the type rating with a limitation that reads “second in command required.” In this case, the pilot is not required to demonstrate single-pilot competence. The limitation can be removed by demonstrating single-pilot competence on a practical test. The aviation department manager needs to know whether the pilot in command holds any limitations on the type rating and what those limitations are. NBAA MANAGEMENT GUIDE, 2024-01 145 FLIGHT OPERATIONS On Aug. 4, 2005, the FAA released a final rule on the new second-in-command (SIC) pilot type rating to bring the U.S. Federal Aviation Regulations into compliance with international standards on pilot certificates. The final rule requires pilots who plan to fly outside U.S. airspace and land in foreign countries, and who are acting as second-in-command of an aircraft certificated for operations with a minimum flight crew of at least two pilots, to obtain an SIC pilot type rating. Unmanned aviation presents new complexities, including the level of proficiency and currency as well as the record keeping maintained. CFR Part 107 requires the individual flying to obtain a Remote Pilot Certificate (RPC) from the FAA to fly unmanned technology for hire. The RPC with a Small UAS rating applies to unmanned aircraft under fifty-five pounds (55#). Although not a regulatory requirement, NBAA recommends documentation and record keeping commensurate to normal business aviation operations for all personnel and equipment necessary for unmanned operations. While unmanned aviation presents a unique opportunity for business aviation to provide additional added value to an organization, familiarization with Part 107 is encouraged prior to considering commercial UAS operations. 2.1.3 CREW TRAINING A professional pilot’s level of proficiency is not subject to compromise. A pilot’s proficiency will greatly affect the individual’s ability to operate an aircraft safely. A continuous training program is necessary to provide proficiency. Pilots should receive at least an annual proficiency flight check. This is required under FAR Part 61.58 for the pilot in command in the operation of an aircraft that requires more than one pilot. However, the pilot in command is encouraged to complete a check every six months. These check flights may be administered by a person authorized by the FAA Administrator, such as a designated pilot proficiency examiner. NBAA recommends using third-party training vendors or in-house trainers as long as the trainers have the most current information and knowledge. 2.1.3.1 PILOT TRAINING PROGRAM GUIDELINES Each business aircraft operator should develop a training program for its flight operations personnel to ensure that the flight crew is familiar with, and competent in, the assigned duties of their positions. The following guidelines can be used to accomplish annual training in a one-time comprehensive review session, or as part of a progressive schedule that spreads training throughout the year. The training program should consist of initial and recurrent training in the appropriate areas for each crew member in the aircraft operated or maintained by the company. The minimum training and testing requirements for Part 91, Part 125 and Part 135 operators can be found in Part 61 of the Federal Aviation Regulations. A business aircraft operator that desires to maintain air carrier standards is encouraged to use the training and testing requirements in Part 121, Part 135 or Part 91, Subpart K as guidance. Some business aircraft operators have pilot training and testing performed at a pilot school certificated under Part 141 (Pilot Schools), or Part 142 (Training Centers). The FAA certifies these schools and some have exemptions to use simulators for all or portions of the training and testing. Training facilities, simulators, aids and materials should provide an appropriate learning environment to meet the operator’s requirements. Qualified and current instructors and evaluators must be available to conduct the training and evaluation. NBAA recommends that pilot recurrent training be accomplished every 6 to 12 months at a reputable training center. Training schools can be found in the products and services listing of NBAA‘s Member Directory. DOT and Part 135 regulations require that hazardous materials training be given for all new hires and for those changing job functions, and that recurrent training be given every 24 months. This includes hazardous materials recognition training even if the operator has a will-not-carry program. NBAA MANAGEMENT GUIDE, 2024-01 146 FLIGHT OPERATIONS 2.1.3.2 MINIMUM REGULATORY STANDARDS Minimum regulatory standards are those regulations that cover the requirements for issuing pilot certificates and ratings and the proficiency of flight crew, as well as those training requirements specific to the operational needs of different missions. The following list contains those items that each flight crew member should have or be able to obtain to be considered “legal” to fly airplanes or rotor-craft under Part 91 of the Federal Aviation Regulations. Pilot Licensing Commercial (Airline Transport Pilot preferred) Instrument Multi-engine (if applicable) Land, sea (as applicable) Airplane, rotor-craft (as applicable) Aircraft specific type rating (FAR 91 Part 61.31, FAR 91 61.63) Flight review, or pilot-in-command check (FAR Part 61.58, Part 125.287 and 125.291, Part 135.297) Medical certificate Class (1st, 2nd, or 3rd) Frequency (as applicable) Recency of flight experience Day – takeoffs and landings Night – takeoffs and landings Instrument currency and instrument competency check Second-in-command training requirements High-altitude endorsement Jet transition course (if transitioning from turboprop or rotary-wing aircraft) Part 91 requirements (if applicable) Part 91 Subpart K requirements (if applicable) Part 125 requirements (if applicable) Part 135 requirements (if applicable) FCC radio license (international operations) International operations training (if applicable); Reduced Vertical Separation Minimum (RVSM), High-Level Airspace (HLA) Required navigation performance (RNP) – en route and approach/departure procedures (if applicable) Domestic reduced vertical separation minimum (DRVSM) training (if applicable) FAA and company training requirements for use of supplemental help FAA and company training requirements for cross-training (various category or type aircraft) If applicable, meet the requirements of the company for pilot experience and proficiency for use on two or more different pieces of equipment. The company should be aware that pilot proficiency decreases if the pilot is assigned to more than two aircraft and that this practice should be discouraged. Rotor-craft specific training see section 2.1.4.10 for additional guidance on special communications, navigation & surveillance (CNS) regulatory requirements. Helicopter IFR procedures, to include: helicopter ILS procedures, helicopter point-in-space approaches, GPS approaches to heliports Chart and flight orientation of specific heliports and airports Helicopter route charts and operations in high-density airspace (Class B) NBAA MANAGEMENT GUIDE, 2024-01 147 FLIGHT OPERATIONS 2.1.4 ADVANCED CREW TRAINING Advanced flight crew training is training that is considered above and beyond the regulatory requirements of the FAA. It also covers different segments of training that would be considered best practices by NBAA. The following topics cover areas that have been recommended in the past, in addition to training for the new and emerging technologies that are appearing in business aircraft. The minimum course content and frequency of initial and recurrent training has been specified where applicable. Much of this training can be taught by external training providers, consultants or manufacturers. If the expertise and time exist, personnel within a flight department can also teach much of this training. 2.1.4.1 CREW RESOURCE MANAGEMENT/THREAT AND ERROR MANAGEMENT TRAINING Crew resource management/threat and error management (CRM/TEM) is the effective use of all available resources–human resources, hardware and information – to ensure safe and efficient flights. NBAA recommends that every crew member be trained in, understand and apply CRM/ TEM philosophies and standard operating procedures (SOPs). This training should include the flight attendant and flight engineer positions when utilized. Whenever possible, dispatchers, maintenance personnel and all others connected with flying operations should be encouraged to attend CRM/TEM training. Most commercial training programs include CRM/TEM as part of the aircraft-specific curriculum; however, stand-alone programs also are available. The NTSB, NASA and the FAA strongly support CRM/TEM. Information on CRM/TEM and training recommendations can be found in Advisory Circular 120- 51E, titled “Crew Resource Management Training.” Special FAR 58, the Advanced Qualification Program (AQP) was published in 1990. It provides an alternate method for qualifying, training, certifying and otherwise ensuring the competency of flight crew members, cabin crew, aircraft dispatchers, instructors, evaluators and other operations' personnel subject to the training and evaluation requirements of Part 121 or 135. 2.1.4.1.1 Initial NBAA recommends that the flight crew member receive CRM/TEM training during initial flight training. It should include but is not limited to: Pilot skills and command responsibilities Standard operating procedures (SOPs) Crew coordination Flightdeck communications Flightdeck/flight attendant communications Flightdeck/flight engineer communications Flightdeck/passenger cabin communications Company policies Controlled flight into terrain (CFIT) 2.1.4.1.2 Recurrent NBAA recommends recurrent training for CRM once every two years. Some commercial training programs include integrated CRM training as part of their regular training curriculum. Stand-alone programs also are available commercially. NBAA MANAGEMENT GUIDE, 2024-01 148 FLIGHT OPERATIONS 2.1.4.2 WEATHER AND WEATHER AVOIDANCE TRAINING Severe weather avoidance and the use of weather radar, NexRad and/or Stormscope procedures are an integral part of a safe and efficient flight operations. Several commercial vendors as well as manufacturer programs are available to assist in implementing a training program. 2.1.4.2.1 Initial As soon as practical, flight departments should establish a training program that includes but is not limited to: Weather theory Weather reports/forecasts Weather radar operations and limitations Windshear/microburst avoidance procedures Stormscope operations and limitations NexRad operations and limitations Company policies and procedures Specific radar/Stormscope model training 2.1.4.2.2 Recurrent NBAA recommends recurrent training every two years. Many commercial vendors will incorporate windshear training during recurrent simulator sessions. 2.1.4.3 FIRST AID, CPR AND AED TRAINING First aid and cardiopulmonary resuscitation (CPR) training for flight crew members is a crucial part of a safe and efficient flight department. This training can be accomplished in house or through outside commercial vendors, as long as it is conducted by a nationally recognized CPR/automated external defibrillator (AED) program, such as the American Heart Association or American Red Cross, and meets local/ state AED guidelines. 2.1.4.3.1 Initial Flight departments should establish a training program that includes but is not limited to: Basic first aid focused on business aircraft CPR certification AED training (if applicable) Blood-borne pathogens training that meets the requirements of OSHA’s Part 1910–1030 (Occupational Exposure to Blood borne Pathogens: Final Rule) and training for other infectious diseases that are relevant for regions to be overflown In-flight medical emergencies In-flight medical kit use Remote medical telemetry equipment (if applicable) Therapeutic oxygen use (if applicable) 2.1.4.3.2 Recurrent NBAA recommends annual training. Be advised that certain states of registry require more frequent recurrent training for the use of automated external defibrillators. NBAA MANAGEMENT GUIDE, 2024-01 149 FLIGHT OPERATIONS 2.1.4.4 EMERGENCY TRAINING FAR Part 91 does not contain detailed requirements for flight crew emergency training, however it is highly encouraged. FAR Part 91.505(b) does state that before beginning a flight, each required member of the crew shall become familiar with the emergency equipment installed on the airplane to which that crew member is assigned and with the procedures to be followed for the use of that equipment in an emergency situation. FAR Parts 125.271, 125.319 and 135.331 provide a more detailed list of items to be included in a training program for emergency training. This list of items is a good reference for all business aircraft operators to use. There are several ways a business airplane operator can meet the following emergency training requirements. An aviation department may want to provide this training using internal personnel with training knowledge, or they can obtain professional help from contracted companies, aviation consultants and/ or aviation service providers. They should provide emergency training in the areas outlined below. 2.1.4.4.1 Initial The following areas of emergency equipment and emergency situations are to be completed by required crew members prior to beginning a flight on the airplane to which the crew member is assigned. A review of emergency equipment on board your aircraft should be completed on an annual basis. A review of emergency situations such as ditching, smoke and survival should be completed on a biannual basis. Training should include individual instruction in the location, function and operations of at least the following emergency equipment: Portable hand fire extinguishers, with knowledge of the classes of fires and appropriate extinguisher to use for each Location and operation of all emergency exits First aid kit and related inventory lists Normal and emergency use of oxygen system by crew and passengers Over-water operations equipment to be used in ditching and evacuation, if appropriate Life vests and their operation for adults, children and infants Life rafts Pyrotechnic signaling device Survival kit Personal protective equipment (i.e., smoke hood), if applicable Emergency Vision Assurance System (EVAS), if applicable Automated External Defibrillator, if applicable Initial emergency training also should include training on emergency procedures as described in the aircraft flight manual, including but not limited to the following: Authority of the pilot in command Crew duties and responsibilities Passenger handling, including handicapped passengers and other passengers requiring special care Review of aircraft accidents and incidents Fire inflight or on the ground, including personal electronic device battery overheat considerations Smoke control procedures with emphasis on electrical equipment and related circuit breakers found in cabin areas Emergency evacuation, planned and unplanned Operation of all emergency exits Rapid decompression Ditching and evacuation Illness, injury, or other abnormal situations involving passengers or crew members Hijacking and other unusual situations Aircraft wing contamination NBAA MANAGEMENT GUIDE, 2024-01 150 FLIGHT OPERATIONS Crew members who serve in an aircraft with a service ceiling above 25,000 feet must receive instruction in the following as required by FAR 61.31(g): ·High altitude aerodynamics and meteorology Decompressions: slow, rapid and explosive Respiration Hypoxia Duration of consciousness without supplemental oxygen at altitude Gas expansion and bubble formation Decompression sickness Physical phenomena and incidents of decompression Hyperventilation NBAA recommends this training be provided to all crew members who serve in operations above 10,000 feet. The review of emergency equipment should include, but not be limited to: Individual instruction in the location, function and operations of the items covered in initial training and the following: Portable hand fire extinguishers, with knowledge of the classes of fires and appropriate extinguisher to use for each Location and operation of all emergency exits First aid kit and related inventory lists Normal and emergency use of oxygen system by crew and passengers Over-water operations equipment to be used in ditching and evacuation, if appropriate Life vests and their operation for adults, children and infants Life rafts Pyrotechnic signaling device Survival kit Personal protective equipment (i.e., smoke hood), if applicable EVAS, if applicable Instruction in emergency assignments and procedures, including coordination among crew members Review of aircraft accidents and incidents involving actual emergency situations and information provided in the Aeronautical Information Manual Each crew member should perform at least the following emergency drills, using the proper emergency equipment and procedures: Ditching and unplanned water landing, if applicable Planned and unplanned emergency evacuation Fire extinguishing and smoke control Operation and use of emergency exits Use of crew and passenger oxygen Removal of life rafts from the aircraft, inflation of the life rafts, use of lifelines, and boarding of passengers and crew, if applicable Donning and inflation of life vests and the use of other individual flotation devices, if applicable Some companies provide basic emergency procedures training for executives who fly frequently on the company aircraft. This training includes such items as emergency evacuation, smoke environment and use of basic emergency equipment. NBAA MANAGEMENT GUIDE, 2024-01 151 FLIGHT OPERATIONS 2.1.4.5 SAFETY MANAGEMENT SYSTEMS TRAINING Safety Management Systems (SMS) include the processes and procedures to identify, document, and mitigate risks within the organization. The SMS consists of four pillars: Safety Policy, Safety Risk Management, Safety Assurance, and Promotion. SMS is required by ICAO Annex 19 for all operators, and in the United States is currently required under FAR Part 5 for 121 air carriers. (As of March 2016, all part 119 and 121 carriers must have an approved implementation plan in place and full SMS compliance with the FARs by March 9, 2018). Details on the FAA’s interpretation of SMS compliance under FAR part 5 are included in Advisory Circular AC 12092B, titled “Safety Management Systems for Aviation Service Providers.” SMS training should be completed by all members of the organization. NBAA recommends, that at the very least, all employees receive initial SMS training and recurrent training on an annual basis. Under FAR 5.91, individuals must be trained and competent in their duties as they relate to the SMS. Not all employees will need the same level of training, since management will need to understand data analysis and how to support and promote line employees’ activities within the SMS. As a result, the Accountable Executive responsible for the SMS and those employees with management roles should receive additional focused training beyond what all employees receive. Each organization has a responsibility to identify its own training needs for initial and recurrent training syllabi. 2.1.4.5.1 Initial NBAA recommends every employee in the organization receive initial SMS training within their first year with the organization. SMS training can be completed in-house or contracted to a training vendor, and should include at a minimum: Introduction to Safety Management Systems The Four Pillars (Policy, Risk Management, Assurance, Promotion) Human Factors and Fatigue Management Safety Culture Types / Stages of organizational cultures Non-punitive reporting Just Culture Employee / Management engagement Principles of Risk Management Hazard Identification (Risk Assessments, Safety Reports) Reporting Risk Matrices and Risk Scores Safety Assurance and Continuous Improvement Safety Performance Indicators (SPIs) Safety Promotion Safety Committee and Meetings Safety Awards 2.1.4.5.2 Recurrent NBAA recommends that all employees receive annual recurrent training in Safety Management Systems. Annual training may take many forms and can include structured training sessions, review of SMS initial training topics, re- views / case studies of SMS submission data, or exercises in safety culture. NBAA MANAGEMENT GUIDE, 2024-01 152 FLIGHT OPERATIONS 2.1.4.6 SECURITY TRAINING The type and amount of security training that your organization provides crew members will depend on the type of missions flown and the destinations frequented. Internal company security personnel or external aviation service providers, contracted companies or aviation consultants can provide this type of training. 2.1.4.6.1 Initial Flight departments should establish a security training program that includes but is not limited to: Appropriate TSA 49 CFR Part 1500, 1540, and 1544 regulations Review of security incidents or events Securing of aircraft and use of on-board aircraft security systems Internal company security plan, including hangar or facility security measures Development of a security-awareness attitude Plan to ensure that all access panels and doors have not been tampered with when parked overnight Hijacking, bomb threats, or other terrorist acts Electronic communications security Evaluation security threats in areas of intended operations Information provided in the Aeronautical Information Manual (AIM) Review of food source systems 2.1.4.6.2 Recurrent Security training should be reviewed by crew members on a biannual basis. A security training program should include, but not be limited to, a review of those items outlined in the initial security training program. It also should include: Review of security incidents or events Any changes in the internal company security plan Review of high-risk areas of the world 2.1.4.7 INTERNATIONAL PROCEDURES TRAINING International operations require extra procedures and vigilance above what is required for domestic operations. Operators should complete a course of training before attempting any international operations. Several commercial vendors can be found in the products and services listing of the NBAA Member Directory. In addition, the International Operations section of this Management Guide has a comprehensive list of procedures for international operations. 2.1.4.7.1 Initial As soon as practical but before commencing international operations, a training program should be completed that includes at least the information available in Section 2 (2.2.9) of this guide. In addition, use of a commercial vendor should include instruction in the latest airspace and country restrictions and regulations, such as EU-OPS, and guidance on determining which regulations are applicable to the flight. Training also should include procedures for use of augmented crews and long-range flight, if applicable. Documentation of training is required for several international operations, such as RVSM, Required Navigation Performance, and North Atlantic High Level Airspace. 2.1.4.7.2 Recurrent NBAA recommends recurrent training every 24 months. Training should include those items covered in initial training and any changes in regulations, procedures and/or airspace. NBAA MANAGEMENT GUIDE, 2024-01 153 FLIGHT OPERATIONS 2.1.4.8 ADVANCED COCKPIT AIRCRAFT TRAINING As flight departments acquire advanced cockpit airplanes or upgraded avionics equipment, SOPs should be examined in order to make effective use of the new equipment resources and maintain a safe operation. Previously established operating guidance for IFR flight may be inadequate for the use of modern avionics systems. CRM and crew communication practices merit special consideration in the advanced cockpit. 2.1.4.8.1 Initial Initial training should include the guidelines published by NBAA. In addition, company SOPs should be developed and training should be provided using operations manuals to cover all the equipment installed on the advanced aircraft (i.e., TCAS, EGPWS, minimum equipment lists, etc.). The training should also include procedures for operation in domestic and international airspace, including SIDS and STARS. 2.1.4.8.2 Recurrent Recurrent training should be progressive and include review and instruction on: The proficient operation of the aircraft at all four levels of automation CRM, crew briefings and communications using the advanced equipment Mode awareness Crew compliance with limitations and procedures contained in the AFM supplements and the flight operations manuals The latest advances in procedures and equipment (i.e., precision runway monitoring, data-link procedures, data-link communications etc.) Use of FMS/GPS for departure, en route, arrival, holding, approaches and missed approaches 2.1.4.9 FAR, AIM AND MISCELLANEOUS Knowledge of the Federal Aviation Regulations, Aeronautical Information Manual, and various other miscellaneous sources of information for the safety of flight are critical pieces of a safe and efficient flight department. The department should have access to and be trained on the use of these documents as well as the inclusion of these resources in the flight operations manual and SOPs. Commercial vendors can accomplish some of the training but most of the training can be accomplished in house. 2.1.4.9.1 Initial Initial training should include but is not limited to: Federal Aviation Regulations pertinent to the company operations Basic aerodynamics and flight performance Aircraft systems review Aircraft weight and balance Icing/deicing procedures Navigation charts Minimum equipment lists Air traffic control procedures and radio communications Uncontrolled airport procedures and communications Aeronautical Information Manual (AIM) Physiology of flight Flight operations manual Standard operating procedures (SOPs) Company procedures Aircraft servicing and ground handling International Civil Aviation Organization (ICAO) Standards and Recommendations NBAA MANAGEMENT GUIDE, 2024-01 154 FLIGHT OPERATIONS 2.1.4.9.2 Recurrent Recurrent training should occur on an annual basis and can be accomplished at set intervals throughout the year or on a progressive basis. It should include but is not limited to a review of all the initial topics with emphasis on changes since the last training. 2.1.4.10 ROTOR-CRAFT-SPECIFIC ADVANCED FLIGHT CREW TRAINING Operators of rotor-craft should consider the following topics as areas for additional training for flight crew. 2.1.4.10.1 Initial Initial training should include but is not limited to: Federal Aviation Regulations pertinent to rotor-craft operations Rotor-craft aerodynamics and flight performance, with emphasis on confined area and off airport operations Turbine transition training, if transitioning from reciprocating rotor-craft Noise-abatement awareness, to include methods for attaining information at area airports and heliports Factory and manufacturer education programs, i.e., Sikorsky, Bell, Rolls-Royce Engines, etc. Safety Main/tail rotor safety Passenger safety and awareness of operating around main/tail rotors Wind conditions conducive to flapping situations Hearing conservation Known hazards at airports and heliports 2.1.4.11 UPSET RECOVERY TRAINING Operators of fixed-wing aircraft should consider loss of control in-flight training, also known as upset recovery training (UPRT), as another training area for flight crew. This training can be completed in a simulator or appropriate aircraft and usually combines both classroom and aircraft/simulator instruction. 2.1.5 CREW FITNESS AND HEALTH NBAA recommends that aviation departments include physical fitness education as part of their training program to create awareness of the importance of maintaining good physical and mental health. The physical condition of the crew can be as important as the condition of the aircraft. Guidelines for crew health should include: A policy that allows a flight crew member to not fly for health reasons Information on the effects of over-the-counter medication Suggestions for a balanced diet Provision for adequate rest Suggestions for regular exercise Information on the recognition of stress Unlike in an office environment, where a person can perform many duties with minor ailments, the flight environment requires that the flight crew member be physically fit. FAR Part 61.53 prohibits a pilot from flying if medically unfit. Cabin crew members should adhere to the same medical guidelines as those followed by the flight crew. 2.1.5.1 DIET, EXERCISE, REST AND STRESS The lifestyle of many crew members includes eating quick meals at airport restaurants, waiting in pilot lounges and working irregular duty hours. The crew should be encouraged to select balanced meals. A dietitian could provide guidance on how to eat nutritious meals while on the road. If catering is used on a flight, meals should be included for the crew. However, each crew member should be provided with a different meal, in order to lessen the chances that all crew members become ill of food poisoning should a given meal be contaminated. NBAA MANAGEMENT GUIDE, 2024-01 155 FLIGHT OPERATIONS Some fixed base operators (FBOs) have exercise facilities available, but these usually are found only at larger facilities. Company guidelines could encourage crews to try to walk or perform other moderate exercise while they are waiting. Adequate rest is another factor that contributes to a crew member’s health. Guidelines on duty time and flight time limitations as well as minimum rest requirements are imperative. Details on flight and duty time considerations appear in the following section. Due to the variety and number of demands, stress is a major factor in a business aircraft crew member’s life. Although some stress enables the crew member to remain alert and ready to accept fast-paced and unusual situations, too much stress can degrade performance and present a safety hazard. The cumulative effect of stressful situations that occur within an individual’s family life, interpersonal relationships, company associations and flight operations may have an adverse effect on a crew member’s performance. All crew members should be watched for indications of too much stress and cautioned to practice selfobservation for excessive stress. The following suggestions on how to mitigate high stress in the flightdeck come from a study by the Aviation Research and Education Foundation: Use SOPs to eliminate much of the uncertainty and many of the misunderstandings that occur during a busy flight Concentrate on flight operations exclusively Have adequate fuel and alternate plans for any anticipated problems Accept stress for what it is Reduce tension within the flightdeck environment to reduce stress and increase efficiency, but maintain organization and discipline Use a “compartmentalization” process whereby the critical problems at hand command 100 percent (100%) of a pilot’s attention and all unrelated (personal) problems are put aside Perform comprehensive crew briefings and coordination to keep uncertainties to a minimum Mentally review the entire flight to help general preparation and possibly reduce unanticipated problems Develop a mental pre-start checklist to focus attention solely on flight-related items Get physical exercise and sufficient rest Pay attention to details and keep a safe pace Conduct proper briefings at the proper time Involve the flight crew to develop a team effort According to a study by Richardson Management Associates in Montreal, an element that contributes to the way people react is the choice of one, or a combination of, behavioral compulsions called drivers. The general heading for these drivers are: Be perfect – The person is never satisfied with him or herself, his or her achievements, or with others Be strong – The person has to be self-sufficient Hurry up – The person experiences relief with activity Please everybody – The person feels uncomfortable unless everyone is happy Try hard – The person typically puts energy into trying instead of doing Situations appear where these drivers are necessary. However, if a driver becomes a compulsive behavior, an individual could lose the ability to be flexible. These types of compulsive behaviors lead to stress. 2.1.5.2 MEDICATION A local aeromedical authority, such as an aviation medical examiner (AME), should be consulted for the dosages and types of over-the-counter drugs that may be taken by flight crews. It should address the use of common items such as aspirin, antacids, mild laxatives and decongestants. Use of these types of medications may cause minor discomfort to a person on the ground. However, the same medication, taken in flight, could have a significant effect on a flight crew member’s performance. Cabin crew members also should adhere to medical advice provided by an AME. NBAA MANAGEMENT GUIDE, 2024-01 156 FLIGHT OPERATIONS 2.1.5.3 CREW ILLNESS Company guidelines should prohibit flight departments from scheduling crew members when they are unfit or ill. Flight departments should put a policy in place for crew members suffering from a prolonged illness. Likewise, crew members should not accept flight assignments under those circumstances. An accepted preflight guide for personnel to follow when trying to determine whether-ornot they are fit to fly is the FAA acronym I’M SAFE, which stands for illness, medication, stress, alcohol, fatigue, or emotion. If any of these elements are present, they can affect a flight department member’s performance on the job. 2.1.5.4 ALCOHOL AND DRUG USE The use of alcoholic beverages by crew members or personnel in a safety sensitive position on duty or within the FAA-specified time limitations should because for disciplinary action. FAR Section 91.17 states that no person may act as a crew member while under the influence of alcohol. The definition of “under the influence” includes hangovers. The FAA specifies that at least 8 hours must have elapsed between the completion of alcohol consumption and the beginning of flight duty, and 12 hours is generally accepted by the business aviation community. FAR Part 91.17 also states that, except in an emergency, a crew member may not allow a person who is obviously under the influence of intoxicating liquors or drugs (except a medical patient under proper care) to be carried on the aircraft. It also specifies circumstances under which a crew member should submit to a test that measures the level of blood alcohol. The regulations also specify that a crew member must submit to a drug or alcohol test when there is reasonable basis to believe the person was using any drug that affected the crew member’s faculties in a way contrary to safety. FAR Parts 61.15 and 61.16 would require a pilot’s certificate to be suspended or revoked if the pilot is convicted of violating any Federal or state statute relating to an illegal drug, flying an aircraft while under the influence of alcohol or an illegal drug, flying an aircraft carrying an illegal drug, refusing to submit to an alcohol test or refusing to furnish alcohol test results to the administrator. The fact that the use or possession of a particular substance is legal under state law, would not be a valid defense to violation of a federal law or regulation prohibiting such activity. Operations certificated under Part 121,Part 135, Part 91K, and 91.147 Sight Seeing operators must have a drug testing program for safety sensitive positions, as defined in 120.105 and 120.215. These programs include pre-employment, random, periodic and for-cause testing for five specific drugs. Such a program is not required by Part 91 (except for 91K and 91.147), but many companies include the crew under a company drug testing program. This program usually includes a requirement for a drug test as a condition of pre-employment or in a for-cause situation. These tests often include alcohol and additional drugs not included in the program required by the FARs. 2.1.5.5 BLOOD DONATIONS According to American Red Cross guidelines, a healthy person may donate blood once every eight weeks. After donating, a 72- hour waiting period prior to flight may be necessary. Caution should be exercised and a company physician may be required to approve crew blood donations. 2.1.5.6 SCUBA DIVING The reduction of atmospheric pressure that occurs during flight can produce physical problems for scuba divers. Any crew member or passenger who intends to fly after scuba diving should allow for sufficient time for the body to rid itself of excess nitrogen absorbed during diving, in order to prevent an in-flight emergency. The recommended minimum waiting time before going to cabin pressures above 8000 feet is at least 24 hours after any scuba dive. NBAA MANAGEMENT GUIDE, 2024-01 157 FLIGHT OPERATIONS 2.1.6 FLIGHT, DUTY AND REST TIME CONSIDERATIONS Each aviation department manager should carefully consider flight and duty time limitations for all personnel. For Part 91 operators, no crew duty limits are given in the FARs except for the eight-hour limitations for flight instructors. However, a company should establish and abide by limitations so that crew member and personnel fatigue does not reduce the safety of any flight or work performed. This is true for both the single aircraft operations many NBAA members currently use and the long-range aircraft options that are available. Planning ahead to minimize crew exposure to fatigue will keep safety paramount within business aviation operations. The Flight Safety Foundation has developed guidelines for establishing a reasonable company policy, which can be found on the web at www.flightsafety.org. Limitations delineated in Part 135, Subpart F, Crew Member Rest Requirements, may be a useful guide to determine the maximum duty and minimum rest period for Part 91 corporate flight operations. It is possible to tailor appropriate limitations with certain flexibility for the individual operation. NBAA recommends that a crew swap consist of the entire crew. Qualified flight attendants are restricted to duty time limitations. It is recommended cabin servers maintain the same duty time limitations as the other crew members. In a situation where a flight crew is augmented, the flight attendant or cabin server should be permitted to rest in an adequate sleep location for a period of time to prevent fatigue. 2.1.6.1 FATIGUE Crew member fatigue, divided into transient fatigue (temporary) and cumulative fatigue (accumulating), will seriously reduce flight crew reflexes and efficiency. Because fatigue can be the result of many factors and will vary with individuals, it is the duty of each flight crew member to advise the manager or chief pilot when natural limitations are being reached. The aviation department manager needs to keep the lines of communication open on such conditions and realize that flight crew members are not always aware of their level of fatigue. The credibility of an individual’s self-evaluation decreases as the level of fatigue increases. Individuals fatigue at different rates. Consideration should be given to recognize this and the crew’s limitation becomes that of the most fatigued crew member. In the case of temporary fatigue, the flight crew member is fully aware of the problem and the cure can be as simple as a good night’s rest. The individual usually recognizes cumulative fatigue and the cure involves a day or two away from work. The most serious part of the fatigue problem is the psychological component that causes the person to remain unaware of the problem or to deny its significance. Chronic fatigue requires a long period of time off and could require the assistance of a medical professional. A flight crew member may exhibit the following typical in-flight symptoms for all types of fatigue. As an individual’s energy level is depleted, the subsequent degradation of skills becomes more pronounced. Perhaps the first recognizable sign is that the individual will accept lower standards of performance. Symptoms include decreased reaction time, reduced attention span, sloppy flying or roughness on the controls, and distorted judgment. Fatigue has eluded rigorous quantitative definition because each person is affected differently. Experienced flight crew members should use every opportunity to combat fatigue. This includes altering diets when necessary, getting away from the airport for some exercise and utilizing day rooms for sleep whenever possible. It is difficult to adjust to constantly fluctuating schedules due to the effect of circadian rhythms. Medical evidence confirms that a person cannot store sleep for an expected long duty day. The aviation department manager must constantly assess the company’s travel requirements and adjust or design the flight and duty time to guarantee a consistently safe flight operation. NBAA MANAGEMENT GUIDE, 2024-01 158 FLIGHT OPERATIONS 2.1.6.2 FLIGHT AND DUTY TIME GUIDELINES Because business aviation is an on-demand operation, it is characterized by flexibility rather than rigid limitations; however, operations must be safe and highly efficient. Elements that affect crew fatigue include: Start and finish time of working day Length of the working day Time zone changes Dehydration Flight time Nature of flight requirements Waiting time Duties other than those associated with the flightdeck These elements must be balanced and limited to prevent crew fatigue. NBAA advocates that written policies establish flight crew duty time limitations. The flight operations manual should clearly state duty time limitations. Any duty time limitations need to take into consideration the actual length of the duty day. The duty day begins when the crew enters company premises and ends when the crew leaves the premises. Duty time should include the overall time required to prepare, perform, and conclude a scheduled flight as well as the time needed for administrative functions, training, meetings and other duties not related to a flight. The effects of a company policy that requires the crew to be available while on layovers for any schedule changes or emergencies also should be considered. When making company policy about flight time, an aviation department should consider the effects of the flight environment. A crew that performs one cross-country flight may not be as fatigued as a crew that performs a number of short flights into high density airports. The airspace environment also needs to be evaluated. A crew that only operates in busy areas such as the Northeast, Southern California or the Great Lakes region of the United States is apt to become fatigued faster than a crew that primarily operates in less busy airspace. The maximum duty and flight times for most operations could range from 12 to 16 hours of duty time with 8 to 12 hours of flight time. A lower number could be assigned for operations in high density airspace and a higher number could be assigned for less strenuous or long-range flights. Some companies also have maximum duty and flight times over a five-day time period. An example could be a maximum of 50 hours of duty and 34 hours of flight time. 2.1.7 TRANSIENT FACILITIES AND SERVICES Information on airports and facilities used by a company’s aircraft can be obtained from a variety of sources. NBAA advises that operators retain more than one information source because no one single publication includes all the information aviation departments would need. The FBO could be a contact to arrange services. A phone call is recommended to confirm the latest information, including fees and pricing for services, with the FBO prior to departure. Publications that could be used are: The Airport/Facility Directory, published by U.S. region The Corporate Pilot’s Airport/FBO Directory for North America and International, published as part of the AC-U-KWIK mobile app The Jeppesen Airport and Information Directory (J-AID) These and other publications are available online via web-sites and mobile apps. The Standard Service Form (see Figure 2.1: NBAA Standard Service Form) was designed as a communication tool between the scheduler/dispatcher and the FBO. It should be used in conjunction with a phone call to the service provider to ensure the information has been received and all requests understood. It also is used as a checklist to request information needed from the passenger to complete a trip. NBAA MANAGEMENT GUIDE, 2024-01 159 FLIGHT OPERATIONS 2.1.7.1 AIRPORT ACCESS AFTER FBO HOUR Many airports have constructed airport perimeter fencing to control wildlife populations and human access within the airport boundaries. After hours access to the ramp or airplane may be difficult. Be proactive; call to verify the hours of attendance and accessibility. Verify phone numbers to receive after-hours service. An FBO may remain open if you are willing to pay an after-hours surcharge. You may be required to use a different airport that has an open FBO, or modify your time schedule. Should you find yourself locked out (or in) at an airport, the following steps may help: Look for a telephone number posted by the FBO to call for after-hours service. There may be a sign visible from the ramp, in a window of the FBO, in an after-hours pilot lounge or in the terminal building itself or on the FBO’s website, if you have Internet access. Start by contacting the FBO at this number. Try contacting the airport manager or airport authority if such a number isn’t available. This information is available through flight planning websites. Check www.fltplan.com, www.airnav.com or the U.S. & Territories Airport Lookup page via the FAA site at https://airports-gis.faa.gov/airportsgis/airportLookup/. The county sheriff’s office or local police station could be contacted if all else fails. The TSA might have a representative if the airport is served by an airline. However, the agency might not be in a position to grant you access to the ramp, nor is it likely to have an interest in how access is granted or conveyed to non-airline aircraft. NBAA strongly recommends that operators do not climb over a fence to access their aircraft or to exit the aircraft operations area (AOA). 2.1.8 CREW AND PASSENGER RELATIONS Although the responsibility for the safety and comfort of passengers in business aircraft rests with the pilot in command, the entire crew is involved. Most passengers, even the most experienced, are sometimes apprehensive about flying. The crew should exert an accommodating and reassuring influence on the passengers and make every trip as comfortable and pleasant as possible. NBAA MANAGEMENT GUIDE, 2024-01 160 FLIGHT OPERATIONS 2.1.8.0.1 Figure 2.1: NBAA Standard Service Form NBAA MANAGEMENT GUIDE, 2024-01 161 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 162 FLIGHT OPERATIONS Passengers always should be: Escorted to and from the aircraft by a flight department employee at home base or by a crew member while on the road Assisted with their luggage prior to and after flights Led to a cabin seat, consistent with weight and balance considerations, and made to feel as comfortable as possible Treated with respect and deference 2.1.8.1 PASSENGER BRIEFINGS Passengers must be briefed on emergency exits and procedures. FAR Part 91 requires the pilot in command or flight attendant to ensure that passengers have been notified to fasten their seat belt and shoulder harness, if installed. A company-trained flight attendant designated to perform safety functions is eligible to perform this duty, but a cabin aide or cabin attendant is not. Part 91, Subpart F also requires the pilot in command or flight attendant to provide a briefing to those unfamiliar with the aircraft, but this briefing may be modified or abbreviated when the pilot in command determines that the passengers are familiar with its contents. The briefing, supplemented by aircraft specific printed cards for the use of each passenger and reiterated in the case of an emergency, should contain the following information: When, where and under what conditions is smoking prohibited Use of seat belts, shoulder harnesses, and use of child restraint systems The placement of seats, tray tables, equipment and stores Storage of carry-on baggage Brace procedures in case of an emergency landing Use of cellular telephones and certain other portable electronic equipment while in flight Use of cellular telephones, devices and other portable electronic equipment during certain stages of flight Location and means for opening the passenger entry door and emergency exits Location of survival equipment Ditching and the use of required flotation equipment, if the flight involves extended over-water operations The normal and emergency use of oxygen, if the flight involves operations above 12,000 feet MSL Location and use of fire extinguishers Location of passenger safety briefing cards In the event of an emergency, where circumstances permit, all passengers are given an emergency briefing covering the following items: safety belts, seat backs, carry-on baggage, brace position, evacuation procedures and life preservers, if applicable. Aboard business aircraft, passengers also should be advised of convenience equipment, such as desks, radios, lavatories and food and beverage service, if available. Before each leg of a flight, a crew member should give the passengers information on the next stop, estimated time of arrival, cruising altitude, weather expected en route, weather at the destination and alternate plans, if marginal weather is probable. If light turbulence is encountered, passenger apprehension usually can be dispelled with a casual explanation and reassurance from a crew member. A crew member should ensure that the passengers are kept informed of the flight’s progress. Such information could include present position, route, air speed or ground speed, altitude and estimated time of arrival. When time permits, crew members may call attention to sights that might interest passengers. However, some passengers would rather not be interrupted by a routine (not safety related) announcement; this may be determined by asking the principal passenger if they want flight progress announcements. NBAA MANAGEMENT GUIDE, 2024-01 163 FLIGHT OPERATIONS Careful explanations and advance notice of unusual operations may enhance the passengers’ comfort. When there is a delay because of weather or other reasons, the passengers should be notified and given an estimate of expected departure or arrival times. Passengers should be advised of such delays as soon as they become evident. In addition, contacting waiting parties on the ground will help reduce tension caused by delays. If the successful arrival at the planned destination becomes doubtful or impossible, the principal passenger should be consulted in private to discuss alternative courses of action. 2.1.8.2 PASSENGERS REQUIRING SPECIAL ATTENTION Some passengers who fly frequently on the company aircraft may have physical ailments that do not prevent them from working. However, they may require special diets and/or medication, and the crew should be aware that a problem may develop during flight. These matters should be discussed in a confidential conversation with the individual, the individual’s physician and the aviation department manager so a plan can be developed that will enable the crew to respond to any potential problems. Other employees or guests may require special attention and assistance. In FAR Part 91 operations, incapacitated or handicapped passengers may be taken aboard company aircraft if those persons are capable of personal care without unreasonable attention and assistance from the crew. If additional attention is needed, the passenger should be accompanied by an attendant who would be responsible for providing the proper care. The aviation department manager should be informed of the circumstances and the name of the passenger’s physician in advance of the flight to determine whether special facilities are needed. If a company physician is employed, it would be prudent for the aviation department manager to seek the physician’s advice and counsel regarding special arrangements or potential risks. If the prospective passenger has no physician and no company physician is employed, NBAA advises that a physician with a background in aviation medicine be consulted. The corporate legal counsel also should be consulted to determine whether a hold harmless agreement (i.e., special written permission given before a flight allowing the aircraft to land on some airfields for technical stops) should be executed for a given flight. FAR Part 135 operators must comply with 14 CFR Part 382, “Nondiscrimination on the Basis of Disability in Air Travel,” which prohibits both U.S. and foreign carriers from discriminating against passengers on the basis of disability; requires carriers to make aircraft, other facilities and services accessible; and requires carriers to take steps to accommodate passengers with a disability. Children under 12 years of age should be accompanied by a responsible adult. Women who have passed the eighth month of pregnancy should be asked to furnish a physician’s statement that the given flight will not be detrimental to the passenger’s health and well-being. Another passenger requiring special attention is the problem passenger. Some passengers may be intoxicated. Others could be under severe stress or have a fear of flying. Those complacent about flying also can be problem passengers; they are the ones who will not put on a seat belt, request the briefing be skipped, or insist on departing from or landing at an airport where there is inclement weather. While unruly or uncooperative passengers are rare, the pilot in command must be assertive to secure the safety of the flight. Reminding passengers with unreasonable demands of the primacy of the pilot in command should solve many of the problems. It is the prerogative of the pilot in command to terminate the flight in extreme circumstances, however. 2.1.9 PILOT-IN-COMMAND AUTHORITY FAR Part 91.3 states that the pilot in command of an aircraft is directly responsible for, and is the final authority on, the operation of the aircraft. The pilot in command is vested with the final decision on whether-or-not to proceed with the flight. Company policy must stress that the pilot in command cannot be pressured by executives or management into making that decision. NBAA MANAGEMENT GUIDE, 2024-01 164 FLIGHT OPERATIONS Company policy also should stress that the person designated as pilot in command is the final authority on whether that pilot is performing flying or non-flying duties. Pilot in command responsibilities include: Ensuring compliance with FARs Ensuring compliance with company policy Reviewing the correctness of all aspects of flight planning Monitoring the performance of subordinate crew members and providing training as appropriate Exercising command authority in routine and emergency situations Becoming familiar with all available information appropriate to the flight in accordance with FAR 91.103, including all available meteorological information and an alternative course of action should the flight not be completed as planned due to weather conditions. Ensuring that facilities and services are adequate for the safe operation of the aircraft. Being aware of hazardous weather including thunderstorms and expected icing conditions and equipment status for aircraft certified for flight into known icing Ensuring compliance with all other applicable FARs Ensuring compliance with company policy While only one pilot can act as the pilot in command for each flight, it is best practice-to-establish this individual prior to the flight on company records, such as a trip sheet. 2.1.10 PREFLIGHT PREPARATIONS Prior to the flight, crews should ensure: The flight department has recorded the names of all passengers on board the aircraft Aircraft performance and weight and balance has been calculated and determined to be within limits Appropriate flight plan has been filed They have become familiar with all information pertinent to the flight in accordance with 91.103 Flight crews should consult their AFM prior to flight for cold weather operations and deicing/anti icing procedures. Crews should reference current holdover tables, AC 91-74B Pilot Guide: Flight in Icing Conditions, and AC 120-58 Pilot Guide: Large Aircraft Ground Deicing or AC 135-17 Pilot Guide: Small Aircraft Ground Deicing, as applicable. 2.1.11 STANDARD OPERATING PROCEDURES Aviation department managers are responsible for efficient and safe cockpit management and should set standard operating procedures (SOPs) for all phases of flight. Flight crews should understand that SOPs are the foundation of crew coordination. Training in cockpit resource management will enforce the SOPs and add an important safety factor. Company SOPs may include overall operating procedures as well as aircraft/fleet specific procedures for each type of aircraft operated including those for single pilot operations and multi-crew operations. Airframe manufacturers’ pilot operating handbooks contain procedural checklists and may include SOPs. FAR Section 91.503(b) includes cockpit checklist items for large and turbine-powered multi-engine airplanes. Aviation department managers may desire to add items based on practical aviation knowledge, experience and aircraft accident reports that reveal poor cockpit management. Flight crews should be encouraged to evaluate procedures continuously for efficiency and effectiveness and recommend appropriate changes. A company can provide their SOPs to the pilot school that trains its pilots so the SOPs can be included in initial training and recurrent training. A copy of the SOP should be carried on board the aircraft in either paper or electronic format. Most flight crews favor the challenge-and-response method of communication as the means to ensure that monitoring is being accomplished and that any deviation from acceptable operating limits is recognized and corrected. An electronic checklist, displayed via a radar screen or the Electronic Flight Information System (EFIS), offers a flight crew the opportunity to utilize a quiet checklist. Because both pilots can see the condition of a checklist item, the non-flying pilot may complete many non-essential checklist items without calling for a response. However, items that are essential to the aircraft’s configuration (e.g., landing gear, flaps) should be subject to the challenge-and-response method and should be included in a company’s SOPs. The following items should be considered in the SOPs in addition to FAR 91.503B. NBAA MANAGEMENT GUIDE, 2024-01 165 FLIGHT OPERATIONS 2.1.11.1 PRE-TAXI/DEPARTURE BRIEFING Flight crew should brief the taxi and departure, discussing any risk mitigation for the taxi, runway incursion “hot spots” and departure. This briefing may be conducted before passengers are on board the aircraft. 2.1.11.2 ENGINE START UP Aircraft require a checklist for normal and emergency procedures. Crew coordination on the setting of instruments, radios, navigation equipment and flight management equipment is recommended. Refer to the aircraft flight manual for details. VFR TAKEOFF, ABORTED TAKEOFF, CLIMB AND CRUISE NBAA recommends the use of instrument flight rules (IFR) for turbine-powered aircraft. When IFR departures or arrivals are not practical, companies should establish procedures for operations under Visual Flight Rules (VFR). NBAA also recommends that an alternate airport be included in all flight plans, unless the destination is isolated and no alternate is available. The takeoff briefing and crew coordination procedures could include standardization of flight crew interaction for mechanical procedures, (i.e., when to call for gear up, flap retraction). Items could include specified limitations and procedures for crosswind and downwind operations and adjusted V speeds for usual runway conditions. The crew should also brief VFR departure procedures and traffic pattern operations. After takeoff, the crew should be advised to complete the checklist and continue visual scanning. 2.1.11.2.1 Figure 2.2: Sample ATIS/Clearance/Briefing Card NBAA MANAGEMENT GUIDE, 2024-01 166 FLIGHT OPERATIONS 2.1.11.3 IFR TAKEOFF, ABORTED TAKEOFF, CLIMB AND CRUISE The takeoff briefing and crew coordination should include specific procedures for alternate airports, use of radar (if equipped), operation in icing conditions and the Standard Instrument Departure (SID). After takeoff, the crew should be advised to complete the checklist and continue visual scanning. 2.1.11.4 USE OF OXYGEN Where an aircraft is operated at cabin pressure altitudes above 10,000 feet ASL (700 hPa) but not exceeding 13,000 feet ASL (620 hPa), each flight crew member shall wear an oxygen mask and use supplemental oxygen for any part of the flight at those altitudes that is more than 30 minutes in duration. Where an aircraft is operated at cabin-pressure, altitudes above 13,000 feet ASL (620 hPa), each person on board the aircraft shall wear an oxygen mask and use supplemental oxygen for the duration of the flight at those altitudes. The pilot at the flight controls of an aircraft shall use an oxygen mask if: The aircraft is not equipped with quick-donning oxygen masks and is operated at or above flight level 250; The aircraft is operated above flight level 410; or A flight crew member is the sole occupant of the cockpit above flight level Aircraft will not be operated: At flight altitudes above FL250 unless at least a 10-minute supply of supplemental oxygen is available for each occupant of the aircraft for use in the event that a descent is necessitated by loss of cabin pressurization; and At flight altitudes above FL350 unless one pilot at the controls of the airplane is wearing and using an oxygen mask that is secured and sealed and that either supplies oxygen at all times or automatically supplies oxygen when-ever the cabin pressure altitude of the airplane exceeds 14,000 feet (MSL), except that the one pilot need not wear and use an oxygen mask while at or below FL410, if there are two pilots at the controls and each pilot has quick-donning type of oxygen mask that can be placed on the face with one hand from the ready position within 5 seconds, supplying oxygen and properly secured and sealed. Note: If for any reason at any time it is necessary for one pilot to leave the controls of the aircraft when operating at flight altitudes above FL350, the remaining pilot at the controls shall put on and use an oxygen mask until the other pilot has returned to that crew member’s station. At that time, the mask will then be properly stowed in its original location. NBAA MANAGEMENT GUIDE, 2024-01 167 FLIGHT OPERATIONS 2.1.11.5 INSTRUMENT APPROACHES A high degree of crew coordination is essential for both precision and non-precision approaches. It is recommended that preparation begin prior to initial descent (about 20 minutes before anticipated landing) or after the Automatic Terminal Information Service (ATIS) information has been received. The pilot in command should review the following items with the second-incommand: Standard terminal arrival (STAR) Any abnormal aircraft conditions Type of approach to be made Altitude to be used on the initial approach Altitude at which the final approach fix will be crossed Minimums involved Decision height (DH) or minimum descent altitude (MDA) Missed approach procedures Risk mitigation(s) for the specific approach and landing expected Risk mitigation(s) for the taxi to the ramp, including review of runway incursion “hot spots” Procedures should require the flight crew to use all available approach and landing aids, monitor autopilot operation closely when in use, monitor all data indications on vertical and lateral guidance and continually cross-check instruments that provide redundant information. Specific challenge-and-responses, or call-outs, should be standard on all descents, approaches and landings. The following callouts are suggested. These will differ with non-precision approaches. 18,000 feet MSL altitude 10,000 feet MSL (250 knots indicated airspeed) Glide slope interception Crossing final approach fix 1,000 feet above DH/MDA 500 feet above DH/MDA Complete checklist 100 feet above DH/MDA DH/MDA Airspeed (Any time it varies below or above reference by 10 knots and any time the rate of descent goes below or above the established parameters.) Vertical and/or Lateral Deviations exceeding one dot On missed approaches, heading, altitude and the location of the highest obstacle in the area are the major considerations. Two common methods for performing an instrument approach should be considered. In the first method, the pilot in command flies the aircraft and the second-in-command monitors the flight path and instruments. In the second method, the second-in-command flies the aircraft and the pilot in command monitors the flight path and instruments. NBAA recommends operators develop a policy prohibiting pilots from conducting instrument approaches into weather below standard Category I minimums unless the operator has authority to conduct Category II, Category III, or enhanced flight vision systems (EFVS) operations and pilots have completed and met all training, operating and regulatory requirements. NBAA MANAGEMENT GUIDE, 2024-01 168 FLIGHT OPERATIONS 2.1.11.6 VISUAL METEOROLOGICAL CONDITIONS APPROACH AND LANDING Large or turbine-powered aircraft are required to remain on or above the glide path per FAR 91.129(e)(2). Standardization should include procedures to tune the electronic glide path in the navigation radios for an approach, even in visual meteorological conditions if the runway is served by an ILS approach, or an RNAV approach containing LNAV / VNAV, LPV, or RNP minima. The pilot must achieve a stabilized approach not lower than 500 feet during VMC or 1,000 feet during IMC. The aircraft should be in full landing configuration and at final approach speed by 500 feet AGL to ensure a stable approach. The use of pilot-controlled airport lighting may be necessary even during daylight operations. The VASI at some airports is controlled through the PCL (pilot-controlled lighting). Risk mitigation(s) for the visual approach and landing as well as taxi to the ramp and review of runway incursion “hot spots” should be reviewed prior to initial descent or after the Automated Terminal Information Service (ATIS) information has been received. STABILIZED APPROACHES One of the leading threats to business aviation is the recurring trend of runway excursions. In particular, during the landing phase, these excursions are almost always the result of an un-stabilized approach that was continued rather than going around. NBAA recommends having a robust stabilized approach policy that highlights common causal factors leading to runway excursions, creates approach “gates” where the aircraft should realistically be in terms of configuration, speed, and altitude, and encourages the use of a go-around for any approach that does not meet these criteria. An effective stabilized approach policy will utilize gates that are practical rather than arbitrary in order to achieve maximum compliance from flight crews. The Flight Safety Foundation has published two documents that are helpful in developing a stabilized approach policy: Reducing the Risk of Runway Excursions, and more recently, Go-Around Decision-Making and Execution Project. 2.1.11.7 OPERATIONS AT NIGHT Night operations bring special hazards and challenges. Some recommendations for enhancing safety at night include: Require operational runway and airport lights for night-time operation. Activate pilot-controlled lighting at uncontrolled airports for taxi, takeoff and landing. Do not operate to a runway that is not served by either electronic or visual vertical guidance. Fly an instrument approach procedure (IAP) until in position for landing. On departure, utilize an obstacle departure procedure (ODP) if one is published for the airport, even if the weather is visual meteorological conditions (VMC). Plan straight-in landings whenever possible. If not possible, only circle if it can be done visually in a visual flight rules (VFR) pattern. Remain on the electronic glide path or VASI to the threshold and aim to touch down at the 1,000 ft. mark. Do not “duck under” the electronic glide path or VASI. Be on the alert for animal activity. 2.1.11.8 STERILE FLIGHTDECK According to FAR Parts 121.542 and 135.100, an air carrier crew is not permitted to engage in actions other than required duties (e.g., non-essential conversations, reading, paperwork, use of mobile devices or other PEDs) during ground operations involving taxi, takeoff and landing or other flight operations conducted below 10,000 feet MSL except when an aircraft is in cruise flight. During this critical phase of flight, a boom microphone should be used for communication below transition altitude/level. NBAA recommends that this valuable safety concept be included in a company’s SOPs, including for operations conducted under Part 91. These best practices should also be applied to company employees involved in ground operations and maintenance work. NBAA MANAGEMENT GUIDE, 2024-01 169 FLIGHT OPERATIONS 2.1.11.9 AIRCRAFT MALFUNCTION PROCEDURES The pilot’s operating handbook or aircraft flight manual outlines these procedures. Many well-trained pilots have committed emergency procedures to memory and respond instinctively to messages delivered by the aircraft instruments. Although instinctive and conditioned responses occur, total crew involvement must be initiated as soon as possible, especially if the aircraft is in a critical phase of flight. Control of the aircraft is a primary consideration. Once this has been accomplished, the crew can coordinate and accomplish the various steps involved in the specified emergency procedures. The pilot in command needs to manage the flight crew to ensure the safe operation of the aircraft. This consists of leadership, delegation of tasks and responsibilities, setting priorities, monitoring the situation and communicating intent and plans. The pilot in command cannot permit an emergency situation to override the safe operation of the aircraft. If the malfunction involves any of the following, the aircraft operator immediately must notify the nearest NTSB field office under Part 830 of the NTSB regulation: A flight control system Failure of a turbine engine’s internal components that results in the escape of debris other than out the exhaust path An in-flight fire Release of all or a portion of a propeller blade from an aircraft (except when caused solely by ground contact) A complete loss of information from more than half of an aircraft’s electronic displays (excluding flickering) Damage to helicopter tail or main rotor blades that requires major repair or replacement of the blades. NBAA suggests that the following information be given to the appropriate air traffic control facility to assist in an emergency landing: Description of the mechanical problem Aircraft type Type of landing expected (long, short, or normal) Standby emergency equipment Number of passengers Special or handicapped passengers and seat locations Cargo type Hazardous materials Fuel amount, in quantity and time Estimated time of arrival 2.1.11.10 EVENTS REQUIRING NOTIFICATION TO THE NTSB In addition to the system malfunctions listed earlier in this section that require notification to the nearest NTSB field office under Part 830 of the NTSB regulations, there are additional situations that must be reported to the NTSB. They include: When Airborne Collision and Avoidance System (ACAS) or Traffic Collision Avoidance System (TCAS) resolution advisories are issued to aircraft operating on an IFR flight plan and compliance with the advisory is necessary to avert a substantial risk of collision between aircraft, or when an advisory is issued to an aircraft operating in class A airspace. When an airplane operated by an air carrier at a public use airport lands or departs on a taxiway, incorrect runway or other area not designated as a runway. When an airplane operated by an air carrier at a public use airport experiences a runway incursion that requires the operator or the crew of another aircraft or vehicle to take immediate corrective action to avoid a collision. When an airplane operated by an air carrier at a public use airport accident occurs by a collision with an unmanned aerial vehicle. NBAA MANAGEMENT GUIDE, 2024-01 170 FLIGHT OPERATIONS An occurrence associated with the operation of any public or civil unmanned aircraft system that takes place between the time that the system is activated with the purpose of flight and the time that the system is deactivated at the conclusion of its mission, in which: 1. Any person suffers death or serious injury; or 2. The aircraft has a maximum gross takeoff weight of 300 pounds or greater and sustains substantial damage When an aircraft incident occurs from an inflight collision with an unmanned aircraft. For a complete list of malfunctions and situations that require immediate notification to the nearest NTSB field office, see NTSB Regulation 830.5. 2.1.12 MINIMUM APPROACH STANDARDS FOR NEW PILOTS Higher minimum approach standards may be established for a person who is acting as pilot in command and has logged 100 hours or less in the particular type of aircraft. FAR Section 135.225(d) provides guidance that may be used by business aircraft operators. The regulation stipulates that the DH or MDA and visibility landing minimums be increased by 100 feet and a half mile, respectively. Other considerations are crosswind and tailwind components as well as runway lengths and widths. 2.1.12.1 TAKEOFF WEATHER MINIMUMS A company should develop procedures for determining takeoff minima and departure procedures to follow from runways where no takeoff minima are specified. While Part 91 imposes no weather minimum restrictions on takeoff, operators should delay a flight if weather conditions would preclude a safe return, in the event of an emergency shortly after takeoff, or establish takeoff minimums associated with procedures for filing and using departure alternates the same as Part 135 operators do. Additional standards can be adopted from Parts 135 and 121. For example, FAR Section 135.217 specifies that an aircraft cannot depart if the weather conditions at the airport of takeoff are at or above takeoff minimums, but below authorized IFR landing minimums, unless an alternate airport is within one hour of flying time at normal cruising speed in still air of the departure airport. FAR Section 121.617 has a similar requirement except that for two-engine aircraft the alternate airport must be no more than one hour from the departure airport at normal cruising speed in still air with one engine inoperative. For aircraft with three or more engines, the alternate airport must be no more than two hours from the departure airport at normal cruising speed in still air with one engine inoperative. Business aircraft operators that desire to meet air carrier standards also could follow the requirements found in Part 135, Subpart D – VFR/IFR Operating Limitations and Weather Requirements. Section 135.225(f) requires that the weather at the departure airport be above the takeoff weather minimums prior to takeoff. FAR Section 135.219 requires that the destination airport be forecast to be above authorized weather minimums at the estimated time of arrival. FAR Section 134.221 has similar requirements for the alternate airport. NBAA recommends company procedures require takeoff and destination alternates, unless the destination is isolated and no alternate is available. For operations outside the U.S. operators should consult the Aeronautical Information Publication (AIP) for the country in which they are operating to verify applicable takeoff minima. In some cases the operating minima may be lower than those specified by the FARs. Helicopter operators should establish separate VFR weather minima for day and night appropriate to the risk profile of their operation. 2.1.13 LANDING MINIMUMS Regarding landing area conditions, the operator should establish minimum requirements on the basis of the manufacturers’ operating handbooks. FAR Section 91.175 states in part that no pilot may land an aircraft when the flight visibility is less than the visibility prescribed in the standard instrument approach procedure being used. NBAA MANAGEMENT GUIDE, 2024-01 171 FLIGHT OPERATIONS Although business aircraft operators governed by Part 91 are not constrained from initiating instrument approaches on the basis of reported weather, commercial aircraft under Part 121 or Part 135 may not execute an instrument approach when the visibility is reported to be less than the prescribed landing minimum for the airport. Under the Part 91 rules, a business aircraft operator may initiate an instrument approach with weather reported below minimums. FAR Section 91.175 requires that at DH, a go-around or missed approach procedure must be initiated if the runway environment is not in sight. Controversy may arise, however, when the aircraft lands with the weather still reported below minimums although in the pilot in command’s judgment, there was sufficient ceiling and visibility. NBAA suggests that the company aviation department manager establish a clearly defined policy on weather minimums for initiating instrument approaches. Operators should also ensure the weather at the destination airport is better than the minimum requirements at the estimated time of arrival. NBAA advises that the following options be considered: Initiate an instrument approach when the ceiling and visibility are reported to be below minimums prescribed for the approach specified. In this case, the pilot in command automatically will divert the flight to the alternate airport. Initiate an instrument approach when the ceiling and visibility are reported to be below minimums prescribed for the approach specified. However, ensure that crew members adhere to FAR 91.175 for missed approach procedures. In addition, the missed approach procedures for the specified approach should be reviewed thoroughly prior to beginning the approach to ensure proper cockpit coordination. Flight crews should not continue an approach beyond the Final Approach Fix for precision approaches or below 1000 feet above the airport for a non-precision approaches, if the reported visibility is less than the specified minima. The visibility is reported less than specified minima after passing the Final Approach Fix for precision approaches or below 1000 feet above the aerodrome for non-precision approaches, the flight crew may continue the approach, but should execute a missed approach in accordance with published procedures if the required visual references for the intended runway are not distinctly visible and identifiable. The flight crew may deviate from these procedures in accordance with State requirements (State of Registry and State of Operation). However, in any case, the flight crew shall not continue the approach beyond a point at which the limits of the airport operating minima would be infringed. Operators should develop SOPs for flying instrument approaches at airports without weather reporting capability. NBAA recommends requiring a suitable alternate airport with weather reporting capability. The company may wish to specify higher minimums based on precipitous terrain, type of flight operation and the flight crew experience. FAR Section 135.225 specifies that weather minimums must be at or above the IFR landing weather minimums in order to commence the final approach segment of an instrument approach. Provisions are also made for the completion of an instrument approach if the pilot has begun the final approach and later weather reports state that the destination airport is below weather minimums. 2.1.14 POST-FLIGHT PROCEDURES The flight crew should follow the procedures outlined in the aircraft’s manufacturers operations handbook for shutting down and securing the aircraft. Additional procedures could include: Noting all discrepancies in the discrepancy log, or squawk sheet Performing a crew debrief (including the use of a debrief checklist) Closing and locking all doors and hatches Ensuring that the aircraft is parked in a well-lit area Activating security systems (if installed) Install security tape to external doors and hatches (when deemed necessary by PIC) Ensure all flight plans have been closed Notifying headquarters that the aircraft has reached its destination safety In the event of an overdue aircraft, the operator’s ERP will be activated and Search and Rescue operations are initiated by contacting the appropriate authorities NBAA MANAGEMENT GUIDE, 2024-01 172 FLIGHT OPERATIONS 2.1.15 ELECTRONIC FLIGHT BAGS (EFB) Electronic Flight Bags (EFB‘s) are now part of the many flight operations tools available to a crew. The use of these devices should be in line with FAA recommendations outlined in current versions of AC 91-78 for non-commercial operators and AC 120-76 for commercial operators. It is important to use these devices and the associated software in a reasonable and safe manner. If the device is used for a critical application, such as displaying approach and en route charts, it is recommended that a minimum of two identical devices be on board, and all have current databases installed. Many applications can be hosted on most of these devices, including but not limited to: Flight operations manuals Company SOPs Aircraft performance manual or performance calculators Weight and balance manuals or calculators Maintenance manuals Aircraft flight and servicing logs Crew credentials, including training records Charts including approach, STARs, DPs and en route Uploaded weather and NEXRAD weather images EFB applications are categorized as Type A or B, and can be hosted on either portable or installed components. Type A – General applications that do not impact critical portions of a flight. These could include weight and balance calculators, performance calculators, electronic copies of AFM, company manuals, etc. Type B – Software that can be used in critical phases of flight and can be used to display approach charts, STARs and DPs as well as various types of en route charts. However, “own-ship” position should not be displayed while in flight. All the various types of software from each classification may be run on any type of EFB device. It is important for the operator to ensure that crews are familiar with each type of software installed on the EFB, as well as to provide training in the use and limitations of an EFB, as well as the regulatory impact of its use on an operation. One of the features most used by operators is onboard NEXRAD weather radar, which can come from several commercial sources or from the ADS-B FIS network. This service is an invaluable tool to the crew for keeping abreast of changing weather conditions. However, crews should be advised of delays in the presentation of the information. For example, the display generally will show an age indicator up to six minutes old; however, that data is already five to ten minutes old when it is transmitted to the aircraft. An operator should consider the NEXRAD display to be a strategic planning device (plan deviations around weather) and the onboard weather detection equipment as the tactical display for immediate avoidance of convective activity. While a Part 91 operator is not required to have specific approval from the FAA for the use of a Class 1 or 2 EFB on the aircraft, it is incumbent on the operator to fulfill the requirements in the appropriate guidance material prior to using the device operationally. Part 91K, 121 and 135 operators must obtain authority from the certificate holder’s FSDO prior to use of EFBs in the operation. An operator’s SOPs and operations manual should reflect current best practices with regard to the incorporation of EFBs into a flight operation. For instance, the pre-flight checklists should incorporate steps to accomplish performance and/or weight and balance calculations on the EFB device, as well as procedures to revert to non- EFB methods, if required. NBAA MANAGEMENT GUIDE, 2024-01 173 FLIGHT OPERATIONS 2.1.16 TRAFFIC FLOW MANAGEMENT Traffic flow management (TFM), sometimes referred to as air traffic management, is the function of air traffic control (ATC) that seeks to control the overall flow of traffic in the U.S. National Airspace System (NAS), rather than control specific flights. TFM is accomplished by using a concept called collaborative decision-making (CDM). This approach allows for input from a variety of sources, such as business aviation, the airlines, the military and all involved ATC facilities, before making a determination on how to handle a constraint in the NAS. Flight crew members, schedulers and dispatchers should become familiar with the structure of the NAS and the basics of traffic flow management in order to increase their understanding of what is going on around them. Being informed will allow them to operate safely and efficiently while minimizing delays caused by air traffic issues. A knowledge of basic TFM concepts and terminology will allow flight crew members to more accurately communicate with ATC when discussing initiatives such as reroutes, ground delay programs and ground stops. In addition, it is important for flight crew members and flight planners to be familiar with where to find information about what is happening in the NAS at any given time. This knowledge will also allow flight crew members and flight planners to provide accurate and timely information to their passengers and to management. Suggested knowledge and basic concepts for further exploration outside this NBAA Management Guide include: Concepts of traffic flow management Collaborative decision-making Causes of delays ATC organizational structure Terminal traffic management initiatives (TMIs) Ground stops Collaborative Trajectory Options Program (CTOP) Ground delay programs Time-based metering Special traffic management programs• En route traffic management initiatives (TMIs) CTOP Miles-in-trail (MIT) Reroutes (required, recommended) Airspace flow program (AFP) Other TMIs Other airspace constraints Temporary flight restrictions (TFRs) For further training opportunities and references on this topic, refer to References for Flight Operations at the end of this NBAA Management Guide section. 2.1.17 AIRCRAFT NOISE Aircraft noise can be a problem in both large and small communities. NBAA supports being a “good neighbor” to residents who reside near airports. A large component of a good neighbor policy is the level of awareness and respect the business aircraft operator has for the noise sensitivities of residents near airports. Communities have become more aware of aircraft noise in recent years. One way for a business aircraft operator to be a good neighbor is to form an Airport Friends Committee. A committee of this type can help the local community understand that the airport is a necessary component of the local economy and, in many cases, also is an engine that drives economic activity in an area. Good local community relations are necessary if groups acting in the public interest wish to close the airport, raise real estate taxes, alter zoning and land-use controls, or desire other changes. The NBAA Airports Handbook includes information on this concept. NBAA MANAGEMENT GUIDE, 2024-01 174 FLIGHT OPERATIONS Members of the Airport Friends Committee can include local businesses that rely on aviation, both for passengers and freight. Through participation in this committee, the business operator can let the community see that aviation and airports benefit the entire community. The noise level generated by an aircraft always should be a factor in the decision to purchase an aircraft. As noted above, communities have become more sensitive to aircraft noise, even that from non-air carrier aircraft. In 1990, the U.S. Congress passed the Airport Noise and Capacity Act. This legislation required that DOT enacts rules to phase out Stage 2 airplanes from the contiguous 48 states by December 31, 1999, as well as additional provisions on the approval of noise and access restrictions. Due to this law, operations of Stage 2 aircraft over 75,000 lbs. were ended in 2000, but Stage 2 aircraft under 75,000 lbs. were allowed to continue operating in the United States. With passage of the FAA Modernization and Reform Act of 2012, Stage 2 aircraft weighing less than 75,000 lbs. will be allowed to continue operating in the United States until January 1, 2016. After that date, only Stage 2 aircraft that are modified to meet Stage 3 standards will be allowed to operate in the U.S. 2.1.17.1 NBAA NOISE ABATEMENT PROGRAM 2.1.17.1.1 Introduction NBAA has long believed that quiet flying is good business. NBAA’s Noise Abatement Program has been in existence since 1967, establishing objectives and operating procedures that have served the business aviation community well and have proven to be effective in reducing aircraft noise impacts and subsequently, community opposition to business aviation. NBAA‘s updated Noise Abatement Program was developed with modern aircraft performance and air traffic control (ATC) requirements in mind. With this revision, NBAA continues to provide operators with guidance to reduce noise impacts that is suited to the current operating environment, as well as new tools for aircraft operators and airports to address the noise concerns of adjacent communities. The updated program includes: Noise abatement best practices for flight crews Updates to NBAA’s “close-in” noise abatement departure procedure and approach and landing procedures Noise abatement guidance for other aviation stakeholders, including airports and air traffic control facilities 2.1.17.1.2 Noise Abatement Best Practices for Flight Crews Pilots should always be mindful of noise impacts at airports. Even the “quietest” modern aircraft may disturb those that live near the airport. Care should be taken to minimize the aircraft’s noise profile whenever possible by utilizing noise abatement best practices at all airports, especially during night-time and early-morning hours when aircraft operations may be especially disturbing. During the flight-planning process, flight crews should familiarize themselves with the airport’s noise abatement policies and any applicable noise abatement procedures (NAPs) for the airport they will be using. These may include: Preferential runway use Preferential approach and departure paths Preferred terminal arrival and departure procedures for noise abatement Other noise-related policies (maximum noise limits, curfews, usage of reverse thrust, engine run-up policies, etc.) Contact the airport’s Noise Management or Operations department for more information on local noise policies and procedures When available, pilots should utilize their company’s recommended departure/arrival NAPs or those recommended by the aircraft manufacturer for their specific aircraft Flight safety and ATC instructions and procedures always have priority over any NAP. NAPs should be executed in the safest manner possible and within all FAA-mandated operating requirements. Proper pre-departure and pre-arrival crew briefings are essential to ensuring the safe and effective execution of NAPs. When airport or aircraft-specific procedures are unavailable, NBAA provides recommended noise abatement procedures suitable for any aircraft type and airport operating environment (see below). NBAA MANAGEMENT GUIDE, 2024-01 175 FLIGHT OPERATIONS 2.1.17.1.3 Figure 2.3: NBAA Noise Abatement Departure Procedure With High-Density Airport Option 2.1.17.1.4 Figure 2.4: NBAA Noise Approach-and-Landing Procedure NBAA MANAGEMENT GUIDE, 2024-01 176 FLIGHT OPERATIONS 2.1.17.1.5 NBAA-Recommended Noise Abatement Departure Procedure With High- Density Airport Option 1. Climb at maximum practical rate not to exceed V2+20 KIAS (maximum pitch, attitude 20 degrees) to 1,000 ft. AAE (800 ft. AAE at high-density-traffic airports) in takeoff configuration at takeoff thrust. 2. Between 800 and 1,000 ft. AAE, begin acceleration to final segment speed (VFS or VFTO) and retract flaps. Reduce to a quiet climb power setting while maintaining a rate of climb necessary to comply with IFR departure procedure, otherwise a maximum of 1,000 FPM at an airspeed not to exceed 190 KIAS, until reaching 3,000 ft. AAE or 1,500 feet AAE at highdensity-traffic airports. If ATC requires level off prior to reaching NADP termination height, power must be reduced so as not to exceed 190 KIAS. 3. Above 3,000 feet AAE (1,500 feet at high-density air- ports) resume normal climb schedule with gradual application of climb power. 4. Ensure compliance with applicable IFR climb and airspeed requirements at all times (See Figure 2.3, “NBAA Noise Abatement Departure Procedure With High-Density Airport Option”). 2.1.17.1.6 NBAA-Recommended Approach and Landing Procedure (VFR and IFR) 1. Inbound flight path should not require more than a 25 degree bank angle to follow noise abatement track. 2. Observe all airspeed limitations and ATC instructions 3. Initial inbound altitude for noise abatement areas will be a descending path from 2,500 AGL or higher. Maintain minimum maneuvering airspeed with gear retracted and minimum approach flap setting 4. During IMC, extend landing gear at the final approach fix (FAF), or during VMC no more than 4 miles from runway threshold. 5. Final landing flap configuration should be delayed at the pilot’s discretion; however, the pilot must achieve a stabilized approach not lower than 500 feet during VMC or 1,000 feet during IMC. The aircraft should be in full landing configuration and at final approach speed by 500 feet AGL to ensure a stable approach 6. During landing, use minimum reverse thrust consistent with safety for runway conditions and available length (See Figure 2.4, “NBAA Approach-and-Landing Procedure [VFR and IFR]”). 2.1.17.1.7 Collaboration, Education and Outreach Effective aircraft noise management requires a collaborative effort between aircraft operators, ATC and airport operators. Minimizing noise impacts is in the best interest of all stakeholders. 2.1.17.1.7.1 Aircraft Operators The noise abatement best practices recommended by NBAA are suggested as a national standard for business aircraft operators. They are intended for use at any airport and for any aircraft. They should be used when airport-specific or aircraft-specific procedures are unavailable. NBAA members should engage their local airport, particularly with regard to noise issues. Where necessary, support should be provided to assist airport management in adopting procedures which meet the objectives of the NBAA Noise Abatement Program as they relate to operational safety and usability. Every effort should be made to tailor procedures to the specifics of each airport in order to provide the maximum noise reduction consistent with safe and efficient operations. When applicable, pilots are encouraged to provide feedback on local NAPs to ATC, the airport operator and local pilot groups. Pilot training for business aircraft should include the importance of noise abatement and noise abatement procedures for all ratings and flight checks. NBAA MANAGEMENT GUIDE, 2024-01 177 FLIGHT OPERATIONS 2.1.17.1.7.2 Airports Specific information should be developed by airport management and made available to pilots and controllers through publication of easily attainable flight manuals, NOTAMS, AIMS, letters to airmen, ATIS messages, charts and explanatory pamphlets. This information should include: Approach and departure paths over least noise-sensitive areas Preferential runway usages, if applicable Use of NBAA’s noise abatement best practices General map showing surrounding area and marking places of specific sensitivity, such as residential areas, schools and hospitals Airports should provide communities with data to demonstrate current and historic airport noise levels and highlight continued efforts by the airport and aviation industry to minimize noise impacts Airport approach and takeoff paths should be designated on all official zoning maps. This should be done for all airports, existing or proposed, in order that land-use zoning, development and real estate activity are conducted with full awareness of the confines of such areas. Additionally, the land use permitted in these areas should be specified in zoning regulations and building codes in order to protect inhabitants. Airport management should investigate the optimal use of visual and electronic approach aids, which can aid noise abatement procedures at an airport. Improvement in both approach aids and runway facilities encourage aircraft to approach over the least noise- sensitive areas. Jet aircraft run-up areas should be developed for least noise disturbances to airport tenants and local communities. Blast fences, ground run-up enclosures, etc., should be provided and used when necessary. Airport management should evaluate the airport’s natural terrain and consider ways in which improvements to landscaping might improve noise conditions around the airport. Airport management should post signs in pilot information centers, as well as at conspicuous places along airfield entry points (e.g., walk-through and drive-through gates), the taxiways or runway areas, giving the pilots a last reminder that they are in a noise-sensitive area calling for use of noise abatement procedures. Aircraft management should develop education programs to inform pilots and air traffic controllers as to the need for and procedures associated with noise abatement and good community relations. A more thorough understanding by the pilots and the controllers as to what the procedures are, as well as the reasons behind them, is the key to success Preferential runway use systems that are safe and do not unnecessarily restrict the flow of air traffic should be established at all airports having a need for them 2.1.17.1.7.3 Air Traffic Control The airport and ATC management should conduct a procedures review to recommend and implement new airport noise awareness programs. The recommendations should add a statement such as “use noise abatement procedures” to all ATC clearances issued by control tower operators. Control tower operators should be permitted to give any needed special attention to jet aircraft that may, for purposes of noise abatement, be required to land or takeoff using a different runway than the one in use by smaller aircraft. Control tower operators should develop procedures that will separate high-performance aircraft from low-performance aircraft as much as possible. The air traffic control procedures should keep aircraft more than 3,000 feet AGL over noise-sensitive areas to the extent that this can be accomplished without excessive derogation of air traffic flow. It is recommended that high-performance aircraft within reasonable operating limits and consistent with noise abatement policies remain at the highest possible altitude as long as possible when arriving and climb to the requested altitude filed by the pilot as soon as possible after departing. SIDs should include references to the use of noise abatement procedures. NBAA MANAGEMENT GUIDE, 2024-01 178 FLIGHT OPERATIONS 2.1.18 MAINTENANCE AWAY FROM HOME BASE In general, maintenance away from home base can be separated into two areas of responsibility. The first occurs when the company has a maintenance manager or someone with responsibility for the aircraft’s maintenance. The second occurs when no one fills that position. In either situation, the flight crew should consult the MEL. Information on aircraft maintenance can be found in Section 3.1 of this Management Guide, titled Aircraft Maintenance Operations. 2.1.18.1 MINIMUM EQUIPMENT LIST (MEL) If an MEL has not been approved for that aircraft, FAR Section 91.213(d) permits a pilot to operate certain small aircraft with inoperative instruments and equipment without an approved MEL. However, a list of conditions presented in FAR Section 91.213(d) needs to be met. An example of such a condition would be if the FAA has not developed a master MEL for the aircraft. If the FAA has developed a master MEL for the aircraft, the following inoperative instruments or equipment cannot be included on a company’s MEL: Those required for VFR-day certification Those indicated as required on the aircraft’s equipment list or Kinds of Operation Equipment List for the kind of flight operations being conducted Those required under FAR Section 91.205 or other applicable regulation Those required to be operational under an airworthiness directive In addition, either the inoperative instruments and equipment must be removed from the aircraft, the cockpit control placarded and the maintenance recorded, or such equipment must be deactivated and placarded “Inoperative.” The pilot or person who is certificated and rated to perform maintenance on the aircraft must determine that the inoperative instrument or equipment does not constitute a hazard to the aircraft. 2.1.18.2 MAINTENANCE PROCEDURES If a maintenance manager or similar position exists, the flight crew should consult the MEL and contact that person whenever a maintenance discrepancy occurs. The maintenance manager or company maintenance technician can help the flight crew determine what needs to be done to return the aircraft to full operating condition. The maintenance manager should be familiar with the aircraft and be in a position to help procure necessary parts and appropriate manpower to reduce aircraft downtime. When a maintenance manager or other similar position does not exist, the flight crew should consult the MEL, if the operator has one authorized by the FAA, to determine if the discrepancy can be deferred. If so, the aircraft can proceed on to the next flight or to the home base where normal maintenance is performed. If the aircraft is not airworthy, an FAA-approved maintenance technician or repair facility must be contacted to obtain the necessary repairs. A special ferry permit may be necessary in order to fly to the proper repair facility. NBAA MANAGEMENT GUIDE, 2024-01 179 FLIGHT OPERATIONS 2.1.19 SINGLE PILOT OPERATIONS UNDER IFR The NBAA Bylaws permit companies that use aircraft in the course of conducting business to be eligible for an NBAA Operating membership. Other requirements include: The pilot or pilots hold a currently valid commercial license and a currently valid instrument rating Each pilot or other flight crew member completes a proficiency check at least annually. As noted above, these members are permitted to operate an aircraft with a single pilot. The risk of an accident or incident in operations with a single pilot operating under IFR is significantly higher than operations with two pilots under IFR. NBAA realizes that some companies need to operate with a single pilot in operations under IFR; however, these operations place a considerable workload on the pilot. NBAA therefore recommends that the following precautions be taken in any single pilot operation under IFR. An autopilot with at least a heading hold feature should be used The pilot should have logged a minimum of 20 hours of instrument flight time in the particular make and model of the aircraft being flown The pilot must perform a detailed preflight plan of the intended route with associated charts and options The pilot should complete an instrument competency check every six (6) months Further guidance in this area may be found in FAR 135.163. NBAA MANAGEMENT GUIDE, 2024-01 180 FLIGHT OPERATIONS 2.1.20 REFERENCES FOR FLIGHT OPERATIONS This section lists additional references members may access for more information. 2.1.20.1 OPERATIONAL CONTROL 2.1.20.1.1 Federal Aviation Regulations Part 1.1 – General Definitions Part 91.1009 – Clarification of Operational Control Part 91.1011 – Operational Control Responsibilities and Delegation Part 91.1013 – Operational Control Briefing and Acknowledgment Part 135.77 – Responsibility for Operational Control 2.1.20.1.2 Publications Layman’s Guide to Operational Control – https://nbaa.org/flight-department-administration/aircraft-operatingownership-options/laymans-guide-to-part-91-operational-control/ 2.1.20.2 FLIGHT OPERATIONS PERSONNEL CERTIFICATES, RATINGS AND TRAINING 2.1.20.2.1 Advisory Circulars 61-89D – Pilot Certificates: Aircraft Type Ratings FAA Orders 8900.1 Flight Standards Information Management System, Volume 5, Chapter 2, Section 19: “Conduct a Pilot Type Rating Certification.” 2.1.20.2.2 Federal Aviation Regulations Part 61 – Certification: Pilots and Flight Instructors Part 67 – Medical Standards and Certification 2.1.20.2.3 ICAO Documents Annex 1 – Personnel Licensing 2.1.20.3 CREW TRAINING 2.1.20.3.1 Advisory Circulars 60-21 – Announcement of Availability: A Series of Aeronautical Decision Making Training Manuals 61-65C – Certification: Pilot and Flight Instructors 61-89D – Pilot Certificates: Aircraft Type Ratings 61-107 – Operations of Aircraft at Altitudes Above 25,000 feet MSL and/or MACH Numbers (MNO) Greater Than 0.75 103-4 – Hazard Associated with Sublimation of Solid Carbon Dioxide (Dry Ice) Aboard Aircraft 120-51B – Crew Resource Management Training 2.1.20.3.2 Federal Aviation Regulations Part 61 – Certification: Pilots and Flight Instructors: Subpart A – General; Subpart B – Aircraft Ratings and Special Certificates Part 135 – Operating Requirements: Commuter and On-Demand Operations: Subpart G – Crew member Testing Requirements; Subpart H – Training NBAA MANAGEMENT GUIDE, 2024-01 181 FLIGHT OPERATIONS 2.1.20.4 CREW FITNESS AND HEALTH 2.1.20.4.1 Federal Aviation Regulations Part 61.14 – Refusal to submit to a drug or alcohol test Part 61.15 – Offenses involving alcohol or drugs Part 61.16 – Refusal to submit to an alcohol test or to furnish test results Part 61.53 – Prohibition on Operation During Medical Deficiency Part 91.17 – Alcohol or drugs Part 135.249 – Use of prohibited drugs Part 135.251 – Testing for prohibited drugs Part 135.353 – Prohibited drugs Part 121, Appendix I – Drug Testing Program Part 121, Appendix J – Alcohol Misuse Prevention Program 2.1.20.5 FLIGHT, DUTY AND REST TIME CONSIDERATIONS 2.1.20.5.1 Federal Aviation Regulations Part 121 – Certification and Operations: Domestic, Flag and Supplemental Air Carriers and Commercial Operators of Large Aircraft: Subpart Q – Flight Time Limitations and Rest Requirements: Domestic Air Carriers; Subpart R – Flight Time Limitations: Flag Air Carriers; Subpart S – Flight Time Limitations: Supplemental Air Carriers and Commercial Operators Part 135 – Operating Requirements: Commuter and On-Demand Operations: Subpart F – Crew member Flight Time and Duty Period Limitations and Rest Requirements 2.1.20.5.2 Publications Flight Safety Foundation and National Business Aviation Association. Duty/Rest Guidelines for Business Aviation – www.nbaa.org/fatigue Alertness Solutions. The Alert Crew: Fatigue Awareness in Flight Operations – https://nbaa.org/wpcontent/uploads/2018/01/the-alert-crew-fatigue-awareness-in-flight-operations.pdf IBAC, ICAO, FSF. Fatigue Management Guide for GA Operators of Large and Turbojet Aeroplanes 2016 – http:// https://flightsafety.org/wp-content/uploads/2016/09/FM-for-GA-Ops-FINAL.pdf 2.1.20.6 CREW AND PASSENGER RELATIONS 2.1.20.6.1 Advisory Circulars 120-48A – Communication and Coordination Between Flight Crew Members and Flight Attendants 121-24D – Passenger Safety Information Briefing and Briefing Cards 2.1.20.6.2 Federal Aviation Regulations Part 91.107 – Use of safety belts, shoulder harnesses and child restraint systems Part 135.117 – Briefing of passengers before flight 2.1.20.7 PILOT-IN-COMMAND AUTHORITY 2.1.20.7.1 Federal Aviation Regulations Part 91.3 – Responsibility and authority of the pilot in command NBAA MANAGEMENT GUIDE, 2024-01 182 FLIGHT OPERATIONS 2.1.20.8 STANDARD OPERATING PROCEDURES 2.1.20.8.1 Federal Aviation Regulations Part 91 – General Operating and Flight Rules: Subpart B – Flight Rules Part 97 – Standard Instrument Approach Procedures Part 135 – Operating Requirements: Commuter and On-Demand Operations: Subpart D – VFR/IFR Operating Limitations and Weather Requirements 2.1.20.8.2 Publications Airframe Manufacturer’s Flight Manual or Handbook FAA Safety Alert for Operators 10008 – Ground Operations During the Hours of Darkness at Uncontrolled Airports LANDING MINIMUMS 2.1.20.8.3 Federal Aviation Regulations Part 91 – General Operating and Flight Rules: Subpart B – Flight Rules Part 97 – Standard Instrument Approach Procedures Part 135 – Operating Requirements: Commuter and On-Demand Operations: Subpart D – VFR/IFR Operating Limitations and Weather Requirements 2.1.20.9 ELECTRONIC FLIGHT BAGS (EFBS) FAA Advisory Circular 120-76D FAA Advisory Circular 91-78 2.1.20.10 TRAFFIC FLOW MANAGEMENT 2.1.20.10.1 NBAA Resources Webinar – NBAA ATC Traffic Flow Management for Flight Operations Webinar – Learning to Operate Efficiently in the National Airspace System Webinar – New York City Area Airspace Overview Traffic Flow Management web page – www.nbaa.org/ops/airspace/tfm ATC Issues & Procedures web page – www.nbaa.org/ops/airspace/issues Schedulers & Dispatchers Conference sessions Business Aviation Convention & Exhibition education sessions 2.1.20.10.2 FAA Resources Operational Information System web page Advisory Database web page National Playbook website Current Reroutes web page Current Restrictions web page eCVRS and eSTMP web pages Collaborative Convective Forecast Product web page 50113 Traffic Management Class at the FAA Air Traffic Control System Command Center Notices to Airmen 2.1.20.10.3 Other Resources Aviation Weather Center – http://aviationweather.gov NBAA MANAGEMENT GUIDE, 2024-01 183 FLIGHT OPERATIONS 2.1.20.11 AIRCRAFT NOISE 2.1.20.11.1 Advisory Circulars 36-1H – Noise Levels for Certificated and Foreign Aircraft 36-2C – Measured or Estimated (Un-certificated) Air- plane Noise Levels 36-3H – Estimated Airplane Noise Levels in A-Weight- ed Decibels 36-4C – Noise Standards: Aircraft Type and Airworthiness Certification 91-36C – VFR Flight Near Noise-Sensitive Areas 91-53A – Noise Abatement Departure Profile 150/5020-1 – Noise Control and Compatibility Planning for Airports 2.1.20.11.2 FAA Orders 5190.6A – Airports Compliance Handbook 2.1.20.11.3 Federal Aviation Regulations Part 36 – Noise Standards: Aircraft Type and Airworthiness Certification 2.1.20.11.4 ICAO Documents Annex 16 – Environmental Protection: Volume 1: Aircraft Noise and Volume 2: Aircraft Engine Emissions 2.1.20.11.5 Publications NBAA Airports Handbook, www.nbaa.org/airports NBAA Noise Abatement Program, https://nbaa.org/aircraft-operations/environmental-sustainability/noiseabatement-program/ 2.1.20.12 MAINTENANCE AWAY FROM HOME BASE 2.1.20.12.1 Federal Aviation Regulations Part 21.197 – Special flight permits. Part 91.213 – Inoperative instruments and equipment. Part 43 – Appendix A, Major Alterations, Major Repairs, and Preventive Maintenance. 2.1.20.13 SINGLE PILOT OPERATIONS UNDER IFR 2.1.20.13.1 Federal Aviation Regulations Part 135.163 – Equipment Requirements Aircraft Carrying Passengers Under IFR NBAA MANAGEMENT GUIDE, 2024-01 184 FLIGHT OPERATIONS 2.2 INTERNATIONAL OPERATIONS 2.2.1 INTRODUCTION By its very nature, flying internationally is more challenging and complex than domestic operations. Regulations, procedures and services vary by region and country. Once outside the borders of the U.S., pilots, crew and passengers alike will be required to comply with not only the usual FAR’s, but also with the laws and requirements of the countries (also referred to as states) they are flying over and operating into. The International Civil Aviation Organization (ICAO) provides standards and recommended practices (SARPs) for world-wide operations. These SARPs may be accepted whole, modified or even rejected by a particular country. To minimize the impact of these variables and provide safe, secure and uneventful service, flight departments engaging in international trips must put considerable effort into providing resources, planning in advance and developing operational contingencies. This Management Guide section is intended as an introduction and an overview of operational procedures and trip planning considerations for flights beyond the borders of the continental U.S. The following guidelines have been developed and refined over a period of decades by NBAA and its International Operators Committee. Interested flight departments can review this section to identify many of the variables that can affect their specific operation. A list of reference material used appears at the end of this section. Operators planning flights outside the U.S. are strongly encouraged to avail themselves of the many informational resources and professional training courses available to the industry. For example, NBAA’s International Resources, available online at https://nbaa.org/aircraft-operations/international/, provides a multitude of resources to include news, customs and regulatory issues, committee information and others. Also, NBAA‘s International Feedback Database, located among these resources, provides a clearinghouse for flight crew and dispatch comments. Available only to NBAA members, the database can be searched by ICAO identifier, country, city, airport name or ICAO region. Members are encouraged to contribute their findings and observations to the database so that other operators benefit from first-hand reports about a given region or destination. Additionally, for more than four decades, NBAA has coordinated an annual International Operators Conference. This professional development opportunity provides the most recent information from operators, planners and regulators based around the world. With an emphasis on regional briefings, the conference deals with a broad range of current issues affecting international operations and provides an educational platform for experienced and novice operators alike. Questions or comments regarding international operations can be directed to members of the International Operators Committee listed at www.nbaa.org/committees or to NBAA‘s staff at ops@nbaa.org. 2.2.2 INTERNATIONAL REGULATIONS This section will provide an overview of broadly relevant, but not region-specific, regulations that will affect international operations. 2.2.2.1 FEDERAL AVIATION REGULATIONS The need to ensure protection of persons and property is fundamental to U.S. regulations, requirements, procedures and certification of flight operations. These mandates are the “law of the land” inside our borders and within our territories. Title 14 of the Combined Federal Regulations represents the regulatory implementation responsibilities assigned to the FAA. Title 14 CFR Part 91 regulates the operation of aircraft other than moored balloons, kites, unmanned rockets, unmanned free balloons and ultra-light vehicles. NBAA MANAGEMENT GUIDE, 2024-01 185 FLIGHT OPERATIONS 2.2.2.2 14 CFR PART 91, SUBPART H AND ICAO ANNEX 2 This is where a pilot may review many of the pertinent FAA regulations regarding international flight operations. A segment of this section is 14 CFR, 91.703. This requires each person operating a U.S.-registered aircraft to comply with ICAO Annex 2 when over the high seas and to comply with the regulations of a foreign country when operating within that country’s airspace when not in conflict with the regulations of a foreign nation or ICAO Annex 2. This regulation also directs the international pilot to comply with: 91.3 Responsibility and authority of the PIC 91.117 – Aircraft speed 91.123 – Compliance with ATC clearances and instructions 91.127 – Operating on or in the vicinity of an airport in Class E airspace 91.129 – Operations in Class D airspace 91.131 – Operations in Class B airspace 91.181 – Course to be flown 91. 211 – Supplemental oxygen 4 CFR 91.509 – Survival equipment for overwater operations 91.511 – Communication and navigation equipment for overwater operations 91.703 – Operations of civil aircraft of U.S. registry outside the United States 91.705 – Ops within airspace designated as Minimum Navigation Performance Specification Airspace 91.1019 – Conducting tests and inspections 91.1041 – Aircraft proving and validation tests Appendix C – Operations in the North Atlantic (NAT) MNPS Airspace Appendix G – Operations in Reduced Vertical Separation Minimum (RVSM) Airspace 2.2.2.3 PRIVATE VS. COMMERCIAL OPERATIONS Commercial operators follow the regulations of 14 CFR Parts 61, 91, and 135 or 121 as appropriate, which are more restrictive than Annex 2 or regulations of a foreign country when compliance with these U.S. regulations would not violate requirements of Annex 2 or the foreign country. Additional international commercial operations references: 14 CFR 135.3 – Restates a portion of 91.703 14 CFR 135.43 – Crewmember certificates: International operations 14 CFR 135.73 – Inspections and tests 14 CFR 135.89 – Pilot requirements: Use of oxygen 14 CFR 135.98 – Operations in the North Polar Area 14 CFR 135.145 – Aircraft proving and validation tests 14 CFR 135.157 – Oxygen equipment requirements 14 CFR 135.165 – Communication and navigation equipment: Extended over-water or IFR operations. 14 CFR 135.167 – Emergency equipment: Extended over-water operations. 14 CFR 135.364 – Maximum flying time outside the United States NBAA MANAGEMENT GUIDE, 2024-01 186 FLIGHT OPERATIONS 2.2.2.4 FAA ORDER 8900.1 The FAA Inspector’s Handbook has combined handbooks 8300.10, 8400.10 and 8700.1, into one, “FAA Order 8900.1” This order directs the activities of aviation safety inspectors (ASI’s) responsible for the certification, technical administration and surveillance of air carriers and certain other air operators conducting operations in accordance with the appropriate part of Title 14 of the Code of Federal Regulations (14 CFR). This order also provides direction for tasks related to aircraft accidents and incidents, investigations and compliance, the aviation safety program, administrative areas and miscellaneous tasks not related to a specific regulation. In addition, it contains regional and district office requirements for the support of ASI‘s responsible for those activities. A specific international operations training curriculum is not described by FAA regulations or by Annex 2 to the ICAO. It is essential to safe travel in oceanic/remote and foreign environments that operators provide adequate crew training, operating drills and crew operating procedures. At a minimum, private operators are expected to “be familiar” with the oceanic/remote operation intended. A commercial provider’s oceanic operations training is useful in fulfilling this requirement. Commercial operators will need to satisfy the international operations training requirement found in their operator’s approval and specifications. Military training records, indicating prior oceanic operations experience, may be used as proof of training. More information on what constitutes an adequate program of instruction can be found in the FAA Aviation Safety Inspector’s Handbook, FAA Order 8900.1, Volume 4, and Chapter 1 14 CFR Parts 135 and 121 require operators to show the capability to conduct line operations safely and in compliance with regulatory requirements before receiving authorization to conduct those operations in revenue service. The most common method of validating an operator’s capability is to observe flight operations. The FAA normally requires validation flights before issuing operations specifications granting authority to conduct operations beyond the populated areas of the North American continent. 2.2.2.5 INTERNATIONAL CIVIL AVIATION ORGANIZATION The United Nations (UN) recognizes the International Civil Aviation Organization (ICAO) as a specialized agency for international civil aviation; however, ICAO is not subordinate to the UN, nor does it receive any line-of-command authority. ICAO establishes standards for air navigation, air traffic control, personnel licensing, airport design and many other important issues related to air safety. By ratifying the convention, obligated member states agree to abide by “certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner, and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically.” Ninety-six articles, created and accepted at the convention, established the privileges and obligations of the member states. The following are some of the more significant articles and brief summaries. 2.2.2.5.1 Article 1 (Sovereignty) Every state has complete and exclusive sovereignty over airspace above its territory. 2.2.2.5.2 Article 5 (Right of non-scheduled flight) The aircraft of states, other than scheduled international air services, have the right to make flights across state’s territories and to make stops without obtaining prior permission. However, the state may require the aircraft to make a landing. 2.2.2.5.3 Article 6 (Scheduled air services) No scheduled international air service may be operated over or into the territory of a contracting state, except with the special permission or other authorization of that state. 2.2.2.5.4 Article 10 (Landing at customs airports) The state can require aircraft that enter its territory to land at designated airports for the purpose of customs and examination. Similarly, departure from the territory can be required to occur from a designated customs' airport. NBAA MANAGEMENT GUIDE, 2024-01 187 FLIGHT OPERATIONS 2.2.2.5.5 Article 12 (Rules of the Air) Each state shall keep its own rules of the air as uniform as possible with those established under the Convention. The duty to ensure compliance with these rules rests with the contracting state. 2.2.2.5.6 Article 13 (Entry and clearance regulations) A state’s laws and regulations regarding the admission and departure of passengers, crew or cargo from aircraft shall be complied with on arrival, upon departure and whilst within the territory of that state. 2.2.2.5.7 Article 16 (Search of aircraft) The appropriate authorities of each state shall have the right to search the aircraft of other states on landing or departure, without unreasonable delay. 2.2.2.5.8 Article 24 (Customs duty) Aircraft flying to, from or across the territory of a state shall be admitted temporarily free of duty. Fuel, Oil, spare parts, regular equipment and aircraft stores retained on board are also exempt from custom duty, inspection fees or similar charges. 2.2.2.5.9 Article 29 (Documents carried in aircraft) Before an international flight, the pilot in command must ensure that the aircraft is airworthy, duly registered and that the relevant certificates are on board the aircraft. The required documents are: Certificate of registration Certificate of airworthiness Passenger names, place of boarding and destination Crew licenses Journey logbook Radio license Cargo manifest 2.2.2.5.10 Article 30 (Aircraft radio equipment) The aircraft of a state flying in or over the territory of another state shall only carry radios licensed and used in accordance with the regulations of the state in which the aircraft is registered. Only members of the flight crew suitably licensed by the state in which the aircraft is registered may use the radios. 2.2.2.5.11 Article 32 (Licenses of personnel) The pilot and crew of every aircraft engaged in international aviation must have certificates of competency and licenses issued or validated by the state in which the aircraft is registered. 2.2.2.5.12 Article 33 (Recognition of certificates and licenses) Certificates of airworthiness, certificates of competency and licenses issued or validated by the state in which the aircraft is registered, shall be recognized as valid by other states. The requirements for issue of those certificates of airworthiness, certificates of competency or licenses must be equal to or above the minimum standards established by the Convention. 2.2.2.5.13 Article 40 (Validity of endorsed certificates and licenses) No aircraft or personnel with endorsed licenses or certificate will engage in international navigation except with the permission of the state or states whose territory is entered. Any license holder who does not satisfy international standard relating to that license or certificate shall have attached to or endorsed on that license information regarding the particulars in which he does not satisfy those standards. NBAA MANAGEMENT GUIDE, 2024-01 188 FLIGHT OPERATIONS 2.2.2.6 SARPS: ANNEXES, STANDARDS & RECOMMENDED PRACTICES ICAO’s Annexes, Standards and Recommended Practices, commonly referred to as SARPS, define operational standards and recommended practices used in safe, regular, and efficient air services. While these recommended practices are desirable practices, they differ from articles in that member states are not obligated to follow them. However, if a member state has a standard different from an ICAO standard, that member is duty-bound to notify ICAO of the difference. Any contracting state, however, should apply these standards when encountering specified conditions unless the contracting state notifies ICAO of a difference and publishes this difference in its Aeronautical Information Publication (AIP). The following are the ICAO annexes accompanied by brief summaries. 2.2.2.6.1 Annex 1 (Personnel Licensing) Standards and recommended practices for the licensing of flight crew members (pilots, flight engineers and flight navigators), air traffic controllers, aeronautical station operators, maintenance technicians and flight dispatchers. 2.2.2.6.2 Annex 2 (Rules of the Air) A set of internationally agreed rules of the air consisting of general rules, visual flight rules and instrument flight rules that apply without exception over the high seas, and over national territories to the extent that they do not conflict with the rules of the state being flown over. 2.2.2.6.3 Annex 3 (Meteorological Service for International Air Navigation) This provides necessary meteorological information to operators, flight crew members, air traffic services units, search and rescue units, airport management and others concerned with aviation. 2.2.2.6.4 Annex 4 (Aeronautical Charts) Defines the obligations of states to make available certain ICAO aeronautical chart types and specifies chart coverage, format, identification and content including standardized symbology and color use. The goal is to satisfy the need for uniformity and consistency in the provision of aeronautical charts containing appropriate information of a defined quality. 2.2.2.6.5 Annex 5 (Units of Measurement to be Used in Air and Ground Ops) An ICAO table of units based essentially on the metric system, but also containing four additional interim tables of units for use by states unable to use the primary table. 2.2.2.6.6 Annex 6 (Operation of Aircraft) Provides criteria for safe operating practices. Part I contributes to the efficiency and regularity of international air navigation by encouraging ICAO contracting states to facilitate the passage over their territories of commercial aircraft belonging to other countries that operate in conformity with these criteria. Part II deals exclusively with international general aviation, while Part III concerns all international helicopter operations. 2.2.2.6.7 Annex 7 (Aircraft Nationality and Registration Marks) Addresses aircraft nationality and registration marks and, in a separate table, classifies aircraft by how they maintain sustained flight in the air. 2.2.2.6.8 Annex 8 (Airworthiness of Aircraft) Aircraft must be designed, constructed and operated in compliance with the appropriate airworthiness requirements of the state of registry of the aircraft. Consequently, the aircraft must be issued with a certificate of airworthiness declaring it fit to fly. 2.2.2.6.9 Annex 9 (Facilitation) Concerns customs and immigration procedures with the aim of preventing unnecessary delays to aircraft, crews, passenger, and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance. NBAA MANAGEMENT GUIDE, 2024-01 189 FLIGHT OPERATIONS 2.2.2.6.10 Annex 10 (Aeronautical Telecommunications) The five volumes of this annex contain SARPs, procedures for air navigation and guidance material on matters related to aeronautical communication, navigation and surveillance systems. 2.2.2.6.11 Annex 11 (Air Traffic Services) Guidelines on air traffic control, flight planning information and alerting services. 2.2.2.6.12 Annex 12 (Search and Rescue) Sets forth the provisions for the establishment, maintenance and operation of search and rescue services by ICAO contracting states in their territories and over the high seas. 2.2.2.6.13 Annex 13 (Aircraft Accident and Incident Investigation) Provides the international requirements for the investigation of aircraft accidents and incidents. 2.2.2.6.14 Annex 14 Aerodromes The planning of airports and heliports. 2.2.2.6.15 Annex 15 (Aeronautical Information Services) Defines how an aeronautical information service shall receive and/or originate, collate or assemble, edit, format, publish/ store and distribute specified aeronautical information/data. 2.2.2.6.16 Annex 16 (Environmental Protection) Recognizes the adverse environmental impact that may be related to aircraft activity, such as noise emission of smoke and certain gaseous pollutants. 2.2.2.6.17 Annex 17 (Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference) The five volumes of this annex contain SARPs, procedures for air navigation and guidance material on matters related to aeronautical communication, navigation and surveillance systems. 2.2.2.6.18 Annex 18 (The Safe Transport of Dangerous Goods by Air) Specifies best practices for the safe transportation of dangerous goods that have explosive, corrosive, flammable, toxic or radioactive properties. 2.2.2.6.19 Annex 19 (Safety Systems) First published in 2013, each state shall establish a state safety program (SSP) for the management of safety within that state, in order to achieve an acceptable level of safety performance in civil aviation that includes the following components: 2.2.2.6.19.1 ICAO Documents – Developed by specialized technical committees and based on recommendations from divisional and advisory panel meetings, these documents are intended to amplify in further detail the SARPs found in the annexes. Aircraft Operations (PANS-OPS, document number #8168) Procedures for Air Navigation Services, Air Traffic Management (PANS-ATM, #4444), ICAO Abbreviations and Codes (PANS-ABC, #8400) and Training (PANS-TRNG #9869) are examples of these documents that are useful to reference. When using these documents, it is important to have all the supplements, addendums and corrigendum in their most current form. 2.2.2.6.19.2 ICAO Regional Supplements – Regional Supplementary Procedures (ICAO document #7030), also known as SUPPS, can explain and amplify, but not conflict with, international standards. Certain procedures apply only in specific regions, so for convenience this single document includes all similar procedures applicable to two or more regions. It also contains maps that identify the extent of each region and a listing of the flight information regions (FIRs) included within each region. NBAA MANAGEMENT GUIDE, 2024-01 190 FLIGHT OPERATIONS 2.2.2.6.19.3 Aeronautical Information Publication (AIP) – Each ICAO state is responsible for developing an Aeronautical Information Publication (AIP) containing information on air traffic, airports, NAVAIDs, special use airspace, weather and other relevant information. An AIP will use one of the five official ICAO languages and may not be in English, though an English-translated version of most AIPs can be found online. Not all AIPs are free – some states charge for the publication either electronically or in print. A typical AIP will contain three sections: 1. General: Information such as the name and contact information of the publishing authority and of designated authorities concerned with the facilitation of international air navigation, civil aviation, meteorology, customs, immigration, health, enroute and aerodrome/heliport charges, agricultural quarantine and aircraft accident investigation. Differences to applicable ICAO documents are found here, as is the regular amendment interval and the service to contact in case of detected AIP errors or omissions. A record of AIP amendments and supplements to include a checklist of AIP pages is found in this section. 2. Enroute: This is where to find descriptions (text and charted) of ATS airspace classes, a statement concerning the criteria on established holding, approach and departure procedures, and publication of arrival/departure procedures. Detailed descriptions of FIRs, upper flight information regions (UIRs) and terminal control areas (TMAs), including ATS routes described as high, low, area navigation or helicopter routes, are published here. There are also descriptions of ATS surveillance services and procedures, including secondary surveillance radar (SSR) operating procedures and automatic dependent surveillance-broadcast (ADS-B) operating procedures. This section also includes relevant information on the air traffic flow management (ATFM) system structure, service area, service provided, location of unit(s) and their hours of operation, service responsible for provision of information on applied ATFM measures, flight plan requirements and slot allocations. It will also contain a complete statement on interception procedures and visual signals to be used, with a clear indication of whether ICAO provisions are applied and, if not, a complete presentation of differences. The publication of appropriate procedures to be applied in case of unlawful interference or air traffic incidents will be found in this section. Any hazards such as military exercise training areas, air defense identification zones or bird migration areas will also be described here. 3. Aerodromes: The final section will contain information on aerodromes and heliports, as well as descriptions of a state’s general conditions under which aerodromes/heliports and associated facilities are available for use, such as civil use of military air bases. Information in both text and graphical formats about the aerodrome geographical and administrative data, operational hours, handling services, passenger facilities, rescue and firefighting services, seasonal availability, aprons, taxiways and check locations/positions data, surface movement guidance and control system and markings, aerodrome obstacles, provided meteorological information, runway physical characteristics and declared distances. This section will also include a state’s noise abatement procedures local traffic regulations and flight procedures. NOTAMS and Aeronautical Information Circulars/AIP Supplements – Pilots should expect Notices to Airmen (NOTAMs) when updated information is temporary or an AIP amendment/supplement cannot quickly be made available. Aeronautical Information Circulars (AICs) are another method for states to publish changing information between update cycles. NBAA MANAGEMENT GUIDE, 2024-01 191 FLIGHT OPERATIONS 2.2.3 CUSTOMS, IMMIGRATION AND QUARANTINE (CIQ’S): Flight crews entering and exiting a country will interact with government agencies responsible for customs, immigration, agriculture inspections and quarantine (health) services. ICAO terms these functions as “facilitation services” and details them in SARPS Annex 9 – Facilitation. More commonly these are simply referred to as CIQ (customs, immigration and quarantine). Details of the specific procedures to be followed when entering and exiting a country will be published in that country’s statutes. The AIP’s General section will provide local contact information and outlines of these requirements for crew, passenger and cargo. Since 2009, the Electronic Advanced Passenger Information System (EAPIS) requires advanced notification to the U.S. Customs and Border Protection Agency (CBP) of details surrounding each aircraft’s international arrival and/or departure. This electronic passenger vetting system holds the PIC responsible for inaccurate or missing information. Additionally, the Electronic System for Traveling Authorization (ESTA) has been recently adopted by the CBP as a means to streamline the processing of passengers visiting the U.S. under the Visa Waiver Program. Passengers will be issued a unique reference number, renewable every two years. A business aircraft leaving the United States under FAR Part 91 is typically not required to be physically present to clear U.S. customs outbound (as FAR Part 135 flights are), but it may be required that the clearing be performed at a port of entry (POE) depending on a number of factors, including information provided in the EAPIS submission. Although not common, it can occur – often with short notice. If passengers or crew are carrying $10,000 or more per person in cash or negotiable instruments, they are required to make a customs declaration on Form 4790, “Report of Currency and Other Monetary Instruments,” before departure. With regard to reentering the United States, the relevant requirements may be found in Title 19 of the Code of Federal Regulations, Customs Duties section. It is necessary to buy a sticker annually from CBP (the fee is nominal) indicating that the necessary customs user fee has been paid. Local variations might exist in procedures unique to a region, district or port of entry. Operators will not always receive documentation providing evidence that an aircraft and flight crew have been inspected, or have otherwise complied with the rules, so the flight crew should try to record the name and badge number of all inspection personnel they deal with and keep this information on file. U.S. and other customs regulations differ for private and commercial aircraft operations, and are not the same as those used by the FAA (see next paragraph). The flight crew must know its status relative to facilitation requirements and be able to prove it. In most cases, the criterion for determining whether an aircraft is private or commercial is defined by the use of the aircraft on a particular flight, and this applies whether the owner or lessee is a corporation, partnership, fractional owner, sole proprietor or an individual. An aircraft is presumed not to be carrying persons or merchandise for hire, and thus will be a private aircraft for customs purposes, when the aircraft is transporting only the owner, the aircraft owner’s employees, invited guests or the owner’s property. In other words, aviation law and definitions do not necessarily have any effect on customs. The CBP user fee is levied on a per aircraft per annum basis. For commercial operators, overtime is charged for inspection services performed outside of working hours, as well as on Sundays and holidays. Customs fees may be paid in cash, check or against a customs surety bond. Such bonds are mandatory for commercial operators in the U.S. The flight crew is responsible for notifying customs directly and in advance of an intended arrival. Additionally, “ADCUS” (“advise customs”) should be noted in the remarks (RMK) section or “Other Information” area of the international flight plan as a secondary notification to customs. NBAA MANAGEMENT GUIDE, 2024-01 192 FLIGHT OPERATIONS Before selecting an airport for arrival in the U.S., the airport’s customs status must be determined and appropriate requests made based on the following definitions: An international airport is any airport designated by CBP as a port of entry (POE) for civil aircraft. Simply the name of an airport does not inform its status as a legitimate port of entry. No advanced permission is required, but in most cases advanced notice of arrival is. A landing rights airport (LRA) means any airport where permission to land may be granted by customs. The current 19 CFR, Part 122, will contain the latest published customs information, including a list of telephone numbers for all airports providing customs inspection in the United States. User fee airports are so named because the costs associated with them are reimbursable by the user of the services. Private aircraft operators using designated CBP user fee airports are usually required to reimburse the airport operator for the costs associated with processing their arrivals. These costs may add up to several hundreds of dollars per arrival. Designated airport. Private aircraft originating in a foreign location south of U.S. borders are required to furnish a notice of intended arrival in compliance with the special reporting requirements discussed above. In this case, flights must land for customs processing at a designated airport nearest the border or coastline crossing point unless the aircraft has been exempted from this requirement. They then must be inspected at their first point of landing. In addition to the requirements outlined in this section, private aircraft commanders must comply with all other landing and noticeof-arrival specifications. These landing requirements do not apply to private aircraft that have not landed in a foreign place or that are arriving directly from other U.S. territories such as Puerto Rico or Guam. However, agricultural inspections may be required prior to departure. Special regulations exist (generated by U.S. anti-drug and anti-terrorist efforts) that relate to advanced reporting of border penetration and which identify specific airports along borders where landings must be made for inspection. Southern U.S. border crossing procedures require additional knowledge. Refer to 19 CFR, Section 122, regarding special requirements for entering from Mexico and the Caribbean. Mexico has similar regulations mandating stops at Tapachula, Mexico, MMTP, and Cozumel, Mexico, MMCZ. When returning to the United States from any foreign country or when entering an Air Defense Identification Zone (ADIZ), flight crews must provide advanced reporting of the penetration. These regulations are found in the 19 CFR, Section 122.23. Additional information on this program and other CBP programs is available at www.cbp.gov In the U.S., regulated garbage must be disposed of in a manner acceptable to the local USDA inspector or CBP. It is not acceptable to dispose of international garbage in an ordinary garbage receptacle and operators may be fined for doing so. It is therefore incumbent upon the operator to determine in advance if the arrival airport is equipped to dispose of regulated garbage and the proper procedure to be followed. At some locations, it may be necessary to utilize a qualified vendor to de-cater the aircraft. Operators wishing to dispose of their own regulated garbage at their home base may be able to arrange a compliance agreement with the local CBP agency. At foreign locations, the operator should coordinate the disposal of garbage with the ground handling agent or the local airport authority. Most countries have regulations pertaining to the importation of animals and firearms without the necessary certifications or permits. Additionally, some countries prohibit the importation or possession of alcohol and pornography based on cultural and religious sensitivities. Onboard stores of alcohol may be accepted if they are properly secured in a locked/sealed compartment prior to arrival and remained locked until the aircraft has departed the country. Each operator must determine, and comply with, the applicable regulations pertaining to these items prior to arrival or face the possibility of delays, confiscation and fines. NBAA MANAGEMENT GUIDE, 2024-01 193 FLIGHT OPERATIONS 2.2.3.1 CABOTAGE To a great extent, business aviation is able to provide international transportation for non-commercial purposes with a minimum of restrictions. However, a complex mix of aviation, immigration, customs and economic regulations applied by individual countries, and in the case of the European Union, a region can keep this from being an easy process. Cabotage is technically the practice of providing public transportation for passengers, mail or cargo between two points within a country that is other than the aircraft’s country of registry. Although the term “cabotage” technically applies to commercial operations, that is, flights for remuneration or hire, this definition applies to the industrial or commercial benefit transport of goods, whether-or-not for remuneration. It is within the rights of each ICAO contracting state to allow so-called “Eighth Freedom” (i.e., cabotage) flights, and the processes involved should be defined in their state’s AIP. But the laws of some states define a corporate operation (falling under FAR Part 91 in the U.S.) as commercial for these purposes. Operators are highly encouraged to consult their international service provider or local handler with specific questions. Cabotage without permission of the state is prohibited under ICAO Article 7, so where here any state denies cabotage rights, the customs duty status becomes irrelevant. Customs regulations and restrictions vary by individual state. These can be found in the Aeronautical Information Publications (AIP) of individual countries, but may not be complete. The regulations that apply to U.S. CBP inspection are found in 19 CFR, Part 122, Air Commerce Regulations. In the EU, all countries are legally bound to follow the EC Customs Code 2454/1993, which allows for temporary admission of a means of transport under certain conditions. The EU itself is also party to the Istanbul Convention on Temporary Admission, which further defines the conditions by which one can bring a means of transport into a customs' territory. Generally, private flight is restricted to a maximum stay of six months within a 12-month period under temporary admission in any customs' territory. It is possible that an aircraft technically could be allowed under the state’s AIP to carry out an eighth-freedom flight but still be in breach of that state’s customs temporary importation conditions (e.g., overstaying the “six-months-in-twelve” rule). Being in breach may impose customs duties and VAT based on the present value of the aircraft at current rates for the state in which the aircraft is operating. In general, aircraft registered outside a customs’ territory that are owned, leased or mortgaged in the name of persons resident or established outside that customs territory are required to carry a copy of the appropriate title or lease agreement showing the connection between the passengers and the registered owner. Additionally, a letter of authorization on company letterhead should be onboard, listing any person(s) resident to a customs territory in which the aircraft will operate and indicating that they are either employees or guests on the aircraft. And finally, operators must ensure that aircraft do not violate the six-months-in- twelve rule. For commercial (FAR Part 135) operations, a charter permit from the national authority is required to carry out a flight from each contracting state into which a flight is to be made. In the EU, the code allows internal flights where national transport provisions are in place. For private operations, however, many countries do allow a local passenger to be picked up and accompany an individual already onboard as long as the guest’s presence is purely coincidental and is not the purpose for the flight. A country’s customs office normally enforces these rules and will be the final arbiter. Consultation with the local service provider in the country being traveled to is recommended for the latest local interpretation of these issues. In light of the changing environment within the EU, the issue of VAT and the definition used to define commercial operations of an aircraft becomes a complicated issue. These rules may be applied to transporting any EU citizen across any of the countries in the EU, including transportation of company personnel on company business within the EU. These matters should be discussed with a VAT reclamation specialist to divert any potential problems that might arise. The issue can be avoided under certain circumstances through the process of temporary or permanent importation of an aircraft into an EU country. NBAA recommends contacting personnel experienced in handling this process to properly address each company’s specific circumstances. The association has contacts with firms that have expertise in these areas, many of which may be found in NBAA’s online Products and Services Directory. NBAA MANAGEMENT GUIDE, 2024-01 194 FLIGHT OPERATIONS 2.2.4 SECURITY CONSIDERATIONS “Forewarned is forearmed” says the old proverb. With regard to security on international trips, this can be accomplished by using multiple sources, including local assessments, to provide the complete picture of what needs to be addressed or avoided in a particular location. A good first step to learn about any location is the CIA World Fact Book. This free resource provides information on the history, people, government, economy, geography, communications, transportation, military and transnational issues for 267 world entities, as well as physical and political maps of the major world regions. You will also find important travel information, including the location of the U.S. embassy and consular offices in every country, statistics on crime and relevant security information, health and medical conditions, drug penalties and localized hot spots. U.S. State Department “Travel Warnings” are issued when long-term, protracted conditions that make a country dangerous or unstable lead the State Department to recommend Americans avoid or consider the risk of travel to that country. A Travel Warning is also issued when the U.S. government’s ability to assist American citizens is constrained due to the closure of an embassy or consulate, or because of a draw-down of its staff. State Department “Travel Alerts” are issued to disseminate information about short-term conditions, either transnational or within a particular country, that pose significant risks to the security of U.S. citizens. Natural disasters, terrorist attacks, coups, anniversaries of terrorist events, election-related demonstrations or violence, and high-profile events such as international conferences or regional sports events are examples of conditions that might generate a Travel Alert. The surest way to make sure you’re getting the whole story is to consult multiple news sources. From 24-hour news networks to constantly updating news websites, there is a wealth of information available today, and paying attention to a mix of credible domestic and international sources will help keep you up-to-date on the broad global picture. You can also sign up for customized tickers or email alerts that update you about new stories on subject matters that interest you. Since 1991, the FAA has operated a program of International Aviation Safety Assessment (IASA). The purpose of IASA is to ensure that all foreign air carriers that operate to or from the United States are properly licensed, with safety oversight provided by a competent Civil Aviation Authority in accordance with ICAO standards. Results of this program’s findings can be found at FAA.gov. FAA Country Data Sheets offer a compilation of information on a range of topics that should be considered when planning a flight outside U.S. airspace. Individual country requirements and services should be included by pilots in their pre-flight preparation. NBAA strongly recommends that, whenever possible, aviation departments coordinate security programs with the company’s internal security division. Professional assistance from companies specializing in international aviation security is also available and should be considered. If a professional firm is used, in-house security should be made aware to avoid territorial issues. 2.2.5 PERSONAL DOCUMENTATION When planning a trip to a foreign country, proper personal documentation for all participants-flight crew and passengers alike, must be obtained. Some private operator/ companies make current personal documentation the responsibility of the individual, but it is recommended that this responsibility, or at least final oversight, be placed with the aviation or travel department. ICAO SARPS and most countries specifically hold the pilot-in-command (PIC) responsible for any improper documentation held by crew or passengers. Penalties can range from denied entry to fines and future sanctions. Typically, required personal documents include a passport to verify citizenship, immunization records recognized by the World Health Organization (WHO) to prove acceptable health status, and a visa to permit admission to any countries requiring them. Please note that driver’s licenses, birth certificates and voter registration cards are no longer valid proof of citizenship. Flight crew and passengers must have a valid passport to reenter the U.S. NBAA MANAGEMENT GUIDE, 2024-01 195 FLIGHT OPERATIONS 2.2.5.1 PASSENGERS A passport is the standard document required for all international travel. Since 2015, ICAO-compliant countries have been requiring machine-readable passports (MRP), a travel document where the data on the identity page is encoded in optical-characterrecognition format. ICAO Annex 9 requires that all non-MRP passports be removed from circulation. Most countries require a passport to be valid for a period of at least six months at the time of arrival in a foreign country. 2.2.5.2 CREWMEMBERS Positive identification of the flight crew will facilitate entry into a country as well as airport access. The International Business Aviation Council (IBAC) offers an aircrew identification card that has become the standard for the industry. Customized aircrew cards are available to all NBAA member flight crews through NBAA’s affiliation with IBAC. These cards conform to the requirements of International Civil Aviation Organization Annex 9, Facilitation, and can be obtained directly from IBAC at www.ibac.org. NBAA recommends that flight crew members obtain IBAC aircrew cards (or comparable ID cards) and display them while entering the airport and within its perimeter. U.S. flight crews traveling abroad are required to carry all appropriate FAA certificates. Permanent certificates are best, as foreign states rarely accept temporary certificates. ICAO Annex 1 requires both pilots to be type-rated on the aircraft if two pilots are required for operation, but this is not a domestic FAA rule. The FAA requires only the PIC to be type-rated per FAR Part 61.31 and allows second-in-command (SIC) privileges based on the training under FAR 61.55. As ICAO bases medical certificate requirements on the type of license rather than the type of pilot operation, ATP-rated pilots are required to have a valid first-class medical regardless of the seat they are operating in. Many countries have adopted the ICAO standard for medical certificate expiration dates. To U.S. operators, this means that the medical certificate is considered valid only to the actual date of exam and not extended to the end of the expiration month. ICAO Article 30 requires “radio transmitting apparatus” to be used only by specially licensed crew members. The Federal Communication Commission (FCC) issues a restricted radiotelephone operator’s permit to U.S. pilots for international use. Similar to SIC type ratings, they are not required while flying in the domestic United States, Not all crew members may be recognized as required by state authorities, such as flight attendants and aviation maintenance technicians who are not expressly specified in the airworthiness certificate. 2.2.5.3 VISAS Visas are endorsements normally appended to a passport or stamped in ink inside the passport that are issued by the embassy or consulate of the country to be visited. A visa generally gives non-citizens clearance to enter a country and to remain there within specified constraints. The possession of a visa is not in itself a guarantee of entry into the country that issued it, and a visa can be revoked at any time. A visa application in advance of arrival gives the country a chance to consider the applicant’s circumstance, such as financial security, reason for applying and details of previous visits to the country. A visitor also may be required to undergo and pass security and/or health checks upon arrival at the border. These grant permission for the individual named on the passport to enter and exit that country. Some countries issue visas that grant multiple entries and others authorize only a single entry. If possible, NBAA recommends obtaining a multi-entry visa for maximum flexibility. It is important to remember that if you are flying to a country commercially to pick up your corporate aircraft, you’ll require either a tourist or business visa on arrival and a crew visa on departure. There have been cases of crews trying to operate without the correct crew visa, the result of which can be a fine or even deportation. Reputable passport agencies and international service providers can provide additional insights and considerations about applying for visas. NBAA MANAGEMENT GUIDE, 2024-01 196 FLIGHT OPERATIONS 2.2.5.4 DOCUMENTATION FOR CHILDREN Unaccompanied children (defined as under the age of 18) traveling domestically must have written consent of a nonaccompanying parent. The generally accepted international procedure for children under the age of 18 traveling without both parents is to have the written consent of a non-accompanying parent. While procedures vary by country, the lack of that documentation can result in the operator being detained until the circumstances of the child traveling without both parents can be fully assessed. If there is no second parent with legal claims to the child (e.g., if the second parent is deceased or if there is a sole custody situation), any other relevant paperwork would be useful, including documentation of a court decision, birth certificate naming only one parent, or death certificate. ICAO does not provide a standard form letter for this purpose. U.S. Customs and Border Protection (CBP) recommends that a notarized parental consent letter written in English include the details of “who, what, where, when and why,” as well as contact information for the absent parent(s). For frequent border crossers, the letter should not be older than one year. 2.2.5.5 VACCINATIONS ICAO Article 14 obliges ICAO contracting states “to take effective measures to prevent the spread by means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague and such other communicable diseases as the Contracting States shall from time to time decide to designate.” The World Health Organization (WHO) is a specialized agency of the United Nations similar to ICAO. Annex 6 of the WHO’s International Health Regulation provides a standardized model of an international certificate of vaccination or prophylaxis. Certificates under this annex are valid only if the vaccine or prophylaxis used has been approved by WHO and must be signed by the clinician or authorized health worker supervising the administration of the vaccine or prophylaxis. Certificates must be fully completed in English or in French. They also may be completed in another language, in addition to either English or French. Certificates are individual and will not be used collectively. Separate certificates are issued for children. The only vaccine required by International Health Regulations is yellow fever vaccination for travel to certain countries in SubSaharan Africa and tropical South America. Meningococcal vaccination is required by the government of Saudi Arabia for travel during the Hajj. In these particular cases, specific documentation is also required and should be carried for verification by local authorities. Specifically regarding pilots’ FAA medical certification, Mefloquine (Lariam) is associated with adverse neuropsychiatric side effects, even weeks after the drug is discontinued. Because of the association with adverse neuropsychiatric side effects, even weeks after discontinuation, a pilot who elects to use Mefloquine for malaria prevention or who contracts malaria and is treated with Mefloquine will be medically disqualified from duties for the duration of use of Mefloquine and for four weeks after the last dose. In this instance, the pilot must contact the FAA or his/her aviation medical examiner prior to returning to flight duties after use. NBAA MANAGEMENT GUIDE, 2024-01 197 FLIGHT OPERATIONS 2.2.6 AIRCRAFT DOCUMENTATION Federal Aviation Regulations require the following documents be carried onboard: Airworthiness certificate FAA Registration Form 8050-1 FCC-issued Aircraft radio station license Aircraft operator’s handbook with specific weight, balance and aircraft noise information Any letters of authorization (LOAs) or OpsSpecs that apply such as NAT/HLA, RVSM or RNP-4 Temporary registrations, “Pink slips,” are only valid for the continental United States. To expedite the registration process, obtain a fax temporary authority, also known as a fly-wire, from the FAA’s licenses and certification office. ICAO Article 16 allows for the appropriate authorities of each of the contracting states the right, without unreasonable delay, to search aircraft of the other contracting states on landing or departure, to inspect the certificates and other documents prescribed by the Convention. Articles 29, 30, 31 and 34 are the documents that these inspections are concerned with. ICAO requires the following documentation: Certificate of registration Certificate of airworthiness Journey logbook FCC radio station license Passenger manifest listing their full names, dates of birth, passport numbers and states of issue, and places of embarkation and destination Cargo manifest and detailed declaration of the cargo Some countries may require the airframe logbook, the engine logbooks and insurance certificates be available for inspection as well. “Maintenance Release for Flight” is a specific area of concern for a Part 91 international U.S. operator. For private U.S. operators, even though a dispatch release is not required, the PIC will be expected to demonstrate when the next inspection is due in hours, cycles and date. In its simplest form, this is a statement in the aircraft maintenance log stating that from a specific point in time, all required inspections and maintenance have been completed for “x” number of days into the future. A master minimum equipment list (MMEL) or minimum equipment list (MEL) permits operations with inoperative equipment for the minimum period of time necessary for equipment repair. This becomes another area of concern internationally. For example, a piece of inoperative equipment authorized by the MMEL to be inoperative may be required for operation, or face a shorter repair interval, within a foreign country. The same is true for a continental/remote flight operation. Germany’s regulations on TCAS/ACAS vs. the MMEL would be an example of this issue. 2.2.7 OPERATIONAL DOCUMENTATION 2.2.7.1 INSURANCE AND CORPORATE DOCUMENTS Most aviation insurance policies cover operations on a worldwide basis; however, it is prudent to confirm your policy territory with your broker prior to any trip outside the contiguous United States. Keep in mind some countries such as Mexico and the European Union states require additional coverage prior to entering their airspace. If you are using an international trip handler, they will generally assist you with compliance. Some states will require that an operator carry a third-party insurance policy issued by a company within the country being visited. In those cases, an insurance certificate issued by that company is required on the aircraft. Operators should obtain specific written underwriter approval from their insurance agent/broker confirming underwriter acceptance of the flight. NBAA MANAGEMENT GUIDE, 2024-01 198 FLIGHT OPERATIONS Listed below are the areas generally excluded from cover- age area due to hostilities of one form or another: Afghanistan Algeria Burundi Central African Republic of Chad Columbia Congo, Democratic Republic of Cote d’lvoire Eritrea Georgia Haiti Iran Iraq Israel, the West Bank and Gaza Kenya Lebanon Madagascar Nepal Nigeria Pakistan Philippines Saudi Arabia Somalia Sri Lanka Yemen Sudan Syria Uzbekistan Some states will require a signed corporate authorization on the operating company’s letterhead authorizing such foreign flights. These letters should identify all crew members authorized to operate the aircraft on the company’s behalf. Occasionally, copies of the company’s articles of incorporation will have to be provided as well before the aircraft may be operated in that country. 2.2.7.2 OVERFLIGHT AND LANDING PERMITS Landings within a country must be made at one of the designated airports of entry, which are usually listed in the country’s AIP. In some cases, mandatory routes to be flown will also be specified. In most cases outside North America and Western Europe, prior permission to overfly and/or land in a country must be obtained directly from that country’s civil aviation authority and, in some cases, from security authorities, too. Depending on the country, receipt of overflight and landing permits can take anywhere from four hours to four weeks. Requirements vary and action to obtain overflight and landing permits must be one of the first steps in planning any flight outside the United States. Once obtained, copies of permits should be kept onboard for inflight reference and presentation upon landing. There may be international restrictions placed on U.S. operators by Special Federal Aviation Regulations (SFARs), international NOTAMs or government sanctions. In such cases, U.S.-registered aircraft and/ or airmen can be prohibited from operating into the airspace of a foreign country or may require an export license from the U.S. Office of Foreign Assets Control. The U.S. embassy in a destination country may be of assistance in some instances, but embassy resources can be limited when it comes to flight-technical issues. Flight crews must ensure that current and special notices relating to entry and overflight requirements, published in FAA’s International NOTAM publication “NTAP” and “KCIZ” NOTAMs, are followed. When returning to the U.S., CBP designates ports of entry, which are listed in the U.S. AIP. These U.S. airports provide customs service but may not be in operation 24 hours a day. Depending on point of origin, when returning to the US an operator may be able to obtain an overflight exemption. All general aviation operators utilizing a border overflight exemption must still abide by all other applicable CBP requirements and regulations. A copy of the overflight exemption letter must be maintained onboard the approved aircraft. The CBP’s Guide for Private Flyers publication is no longer being updated but overflight guidance for private flyers is available on the CBP website at www.cbp.gov, and operators may direct questions about overflight procedures to private.aircraft.support@dhs.gov. NBAA MANAGEMENT GUIDE, 2024-01 199 FLIGHT OPERATIONS 2.2.7.3 LETTER OF AUTHORIZATION AND OPERATIONS SPECIFICATIONS “RNP-10” OR “RNP (RNAV)-10“ This is an RNAV operational application supporting 50 NM lateral and 50 NM longitudinal distance-based aircraft separation minima in oceanic or remote continental airspace. As an RNAV application, there is no requirement for onboard performance monitoring and alerting. Aircraft qualified for RNP 4 operations automatically qualify for RNP 10 operations. RNP (RNAV)-10 does not specifically address communications or ATS surveillance requirements. Since 2016, AC 90-105, Appendix G provides guidance for RNP (RNAV)-10 operational approval for US operators. Previous authorizations in accordance with FAA Order 8400.12C, Required Navigation Performance 10 (RNP 10) Operational Authorization, remain valid. 2.2.7.4 NORTH ATLANTIC HIGH LEVEL AIRSPACE, NAT HLA On Feb. 4, 2016, the airspace formerly known as the North Atlantic Minimum Navigational Specifications Airspace (MNPSA) will add the BODO Oceanic FIR and will now be designated as the North Atlantic High Level Airspace, NAT HLA (FL285-420 inclusive). This re-designation excludes the BOTA and SOTA areas of the Shanwick OCA. For MNPS approvals issued before January 2013, the state of registry will have to verify that the lateral navigation capability of aircraft MNPS approvals based on the “6.3 NM” non-PBN standard. For MNPS approvals issued between January 2013 and January 2015, approvals may have been based PBN specifications, RNP-10 or RNP-4. The state of registry will need to verify an operator’s lateral navigation capability to PBN specifications, RNP-10 or RNP-4. For approvals issued after January 2015, the navigation system accuracy requirements for NAT MNPSA/HLA operation should only be based on the PBN specifications as RNP-10 or RNP-4 MNPS approvals based on the “6.3 NM” non-PBN standard will no longer be accepted beyond January 2020. The FAA provides several sources for NAT/HLA procedures and requirements. The FAA’s North Atlantic Resource Guide speaks directly to NAT/HLA airspace operations. Primarily operators at lower cruise altitudes, the FAA’s “NAT International General Aviation Operations Manual, 2004” has been incorporated into The North Atlantic Operations and Airspace Manual NAT Document #007. The ICAO’s NAT Systems Planning Group produces The North Atlantic Operations and Airspace Manual NAT Document #007. This a very comprehensive flight guide for North Atlantic Operations. 2.2.7.5 RNP-4 RNP-4 includes accuracy, alerting and monitoring requirements. Global Navigation Satellite System (GNSS) is currently the only oceanic/remote navigation system capable of the accuracy with sufficient alerting and monitoring. RNP-4 is used to support 30 NM lateral/longitudinal separation minima in oceanic or remote area airspace. It should be noted that RNP-4 addresses only the navigation requirements of this separation minima. Since 2016, AC 90-105, Previous authorizations in accordance with FAA Order 8400.33, Procedures for Obtaining Authorization for Required Navigation Performance 4 (RNP-4) Oceanic and Remote Area Operations, remain valid. NBAA MANAGEMENT GUIDE, 2024-01 200 FLIGHT OPERATIONS 2.2.7.6 B-RNAV/RNAV-5 Existing B-RNAV guidance (FAA and JAA/EASA) has been harmonized under ICAO navigation specification RNAV The RNAV 5 and B-RNAV navigation specifications are equivalent whether they are based on ICAO, JAA, EASA or FAA guidance. AC 90-96A with Change#1 provides operational approval and airworthiness guidance material regarding RNAV requirements for operators of U.S.-registered civil aircraft, operating in a B-RNAV/RNAV 5 environment in European RNAV airspace. EASA AMC 20-4 has superseded the JAA guidance due to the JAA ceasing operations in June 2009. No FAA Letter of Authorization or Operations Specification approval is required prior to operational use. A statement of conformance to the RNAV-5 accuracy requirements and installation is all that is required. 2.2.7.7 P-RNAV, RNAV-1 AND RNP-1 These are equivalent in terms of performance but EASA certification does not allow for RNP-1 based upon DME/ DME operations. States publishing an RNP-1 SID or STAR need to protect the navigation integrity of the procedure. A simple and direct method is to require the exclusive use of GNSS. A state operational approval to this specification allows an operator to conduct RNAV-1 operations globally. AC 90-96A with Change#1 provides operational approval and airworthiness guidance material regarding PRNAV requirements for operators of U.S.-registered civil aircraft. AC 90-105. 2.2.7.8 RNP-AR APPROACHES “RNP, Approval Required” describes the ICAO and FAA approach procedure design. If RF legs are used, and/or the approach criteria is below 0.3 RNP, and/or if greater than RNP 1.0 is required for Missed Approach course guidance, special approval of the operator’s procedures is required by the state aviation authority. The FAA has discontinued using the SAAAR designation for these procedures. AC 90-101A with Change#1 provides operational approval and airworthiness guidance material regarding P-RNAV requirements for operators of U.S.-registered civil aircraft. 2.2.7.9 APV SBAS AND LPV APPROACHES When the lateral guidance and vertical path guidance on an APV approach is based upon Satellite Based Augmentation System (SBAS), such as in WAAS or EGNOS, ICAO terms this “APV SBAS.” The FAA term for this same type of lateral and vertical path guidance is “LPV.” In a September 2016 change, EASA no longer requires operational approval down to 1.0 but instead joined the FAA in only requiring airworthiness certification and pilot training. 2.2.7.10 VALIDATION FLIGHTS AND SPECIAL AREA OF OPERATIONS When the FAA conducts a validation flight, they conduct an in-depth review of the applicable portions of the operator’s proposed procedures, including flight following, training programs, manuals, facilities, and maintenance procedures. There are four situations that require validation flights in association with approval of Class II navigation: initial approval, addition of an LRNS or a flight navigator, operations into new areas, and addition of special or unique navigation procedures. Validation flights are needed when a proposed operation requires confirmation of the ability to operate an aircraft type within specified performance limitations. Certain areas of Class II airspace are considered special operating airspace for purposes of validation. These areas include the following: Politically sensitive areas of operation Areas of Magnetic Unreliability (AMU) Polar operations North Atlantic Minimum Navigation Performance SpecificationNAT/HLA) airspace Canadian MNPS airspace Central East Pacific (CEPAC) airspace North Pacific (NOPAC) airspace Pacific Organized Track System (PACOTS) Restricted international areas Arctic Ocean or Antarctic Ocean West Atlantic Route System (WATRS) and the Caribbean Sea South Atlantic (Atlantic routes) Gulf of Mexico control areas (Gulf routes) Reduced Vertical Separation Minimum (RVSM) Required Navigation Performance (RNP) NBAA MANAGEMENT GUIDE, 2024-01 201 FLIGHT OPERATIONS 2.2.8 EQUIPMENT CONSIDERATIONS 2.2.8.1 REQUIREMENTS FOR HIGH FREQUENCY RADIOS U.S. and ICAO regulations require suitable long-range communication when in oceanic and remote airspace. Operators must be able to maintain two-way communication with ATC all along the route intended. The inherent line-of-sight limitations of VHF radio equipment are not suitable for oceanic/remote operations, so aircraft operating under IFR control beyond VHF range are required to use an assigned HF frequency to communicate with ATC. Simply stated, an airplane must be equipped with at least one operating HF radio capable of monitoring and communicating with air traffic control any time the airplane is operated beyond the range of ground-based VHF radio communication, even if an operator has an operational SATCOM Voice or satellite Datalink system installed. For U.S. private operators of large and turbine-powered multi-engine airplanes operating on over-water flights more than 30 minutes flying time or 100 nm from the nearest shore, 14 CFR 91.511 directs that the following communication and navigation equipment should be carried at a minimum: Two VHF transmitters/receivers Two microphones Two headsets or one headset and one speaker Two electronic long-range navigation units One HF transmitter/receiver Exceptions are allowed to this basic requirement for maintenance ferry for repair, with some limitations. When both VHF and HF communications equipment are required for the route, and the airplane has two VHF transmitters and two VHF receivers for communications, only one HF transmitter and one HF receiver are required for communications. Another exemption is for operations over the Gulf of Mexico, the Caribbean Sea, and the Atlantic Ocean WATRS area if both: A single long-range navigation system is installed, operational, and appropriate for the route. Flight conditions and the aircraft’s capabilities are such that no more than a 30-minute gap in two-way radio very high frequency communications is expected to exist. For U.S. commercial operators of large and turbine-powered multi-engine airplanes operating on over-water flights more than 30 minutes flying time or 100 nm from the nearest shore, 14 CFR 135.165 directs that the following communication and equipment should be carried at a minimum: Two VHF transmitters/receivers Two microphones Two headsets or one headset and one speaker Two electronic long-range navigation units Two HF transmitters/receivers Installation and use of a single long-range communication system for extended over-water operations in certain geographic areas may be authorized by the administrator (OpSpecB045) and approved in the certificate holder’s operations specifications. The operational factors considered in granting an authorization include: The ability of the flight crew to navigate the airplane along the route within the degree of accuracy required for ATC The length of the route being flown The duration of the very high frequency communications gap NBAA MANAGEMENT GUIDE, 2024-01 202 FLIGHT OPERATIONS 2.2.8.2 SATCOM VOICE SATCOM Voice is not required for international operations. Generally speaking, in any emergency or non-normal circumstances SATCOM voice may be used to contact ATC. State AIPs will contain the necessary telephone numbers. Dialing instructions can be found in the operator’s guide to the individual equipment application. In 2013, the FAA issued MMEL Policy Letter 106, which allows U.S. commercial operators to operate with one of the two HF‘s inoperable if procedures are in place and the phone numbers required to contact ATC via SATCOM voice are identified. European airspace regulated by Eurocontrol requires two VHF radios and 8.33 kHz frequency spacing above FL 195. This requirement expanded to the airspace below FL 195 in specific western European countries in 2014. A simple statement of compliance inside the AFM is all that is required for U.S. operators. 2.2.8.3 SELECTIVE CALLING A selective calling (SELCAL) receiver allows a ground radio operator to alert an individual aircraft using a code specifically registered to the aircraft. This code is a series of four tones transmitted over a separate HF receiver installed on the aircraft. Once this call is received, a chime is automatically activated in the flightdeck, alerting the crew to respond on a pre-arranged HF frequency to the ATC /radio relay operator. SELCAL is not required but does aid in complying with “continuous listening watch” regulations for oceanic and remote airspace. 2.2.8.4 CONTROLLER PILOT DATALINK COMMUNICATIONS Controller pilot datalink communications (CPDLC) systems provides air-ground communication between controller and pilot over a datalink system using preset message formats. Currently, U.S. operators require a letter of authorization or operations specification approval prior to operational usage of CPDLC. This approval covers pilot and dispatcher academic training, normal and abnormal procedures, minimum equipment list (MEL) limitations and operational contingencies. The U.S. has not yet mandated CPDLC usage in its airspace. CPDLC is currently used as part of a 30 nm separation standard in the New York, Anchorage and Oakland Oceanic FIRs. Portions of the NATHLA are mandated to carry and use CPDLC. Starting in 2020, EASA will mandate CDPLC in European FIRs above FL 285. 2.2.8.5 VHF 8.33KHZ SPACING More frequencies have been allocated by decreasing the frequency spacing from 25 kHz to 8.33 kHz. Roughly 2,700 “Channels” are available using this method. European airspace regulated by Eurocontrol requires two VHF radios and 8.33 kHz frequency spacing above FL195. This requirement is expanding to the airspace below FL195, with the aim of full deployment in all European airspace by Dec. 31, 2018. A simple statement of compliance inside the AFM is all that is required for U.S. operators. Another statement of compliance in the AFM needs to indicate all VHF Communication equipment immunity from FM radio broadcasts. VHF radio communication equipment required shall provide for communication on the aeronautical emergency frequency 121.5 MHz. 2.2.8.6 MODE S TRANSPONDERS The Mode S system is a combined secondary surveillance radar (beacon) and ground-air-ground datalink system. This technology can improve the quality of aircraft detection, identification and altitude reporting information. In Europe, Mode S is being implemented in two stages: Mode S elementary surveillance (ELS) and Mode S enhanced surveillance (EHS). Mode S ELS is currently required for IFR flights in the airspace over Belgium, France, Germany, Luxembourg, the Netherlands, Switzerland, Italy, the Czech Republic, Hungary and Greece. NBAA MANAGEMENT GUIDE, 2024-01 203 FLIGHT OPERATIONS Mode S EHS is intended to provide additional information about an aircraft’s condition and intentions, such as magnetic heading, indicated airspeed/Mach number, vertical rate, roll angle, track angle rate, true track angle, ground speed and flightdeck selected altitude. Aircraft with a maximum takeoff weight greater than 12,566 lbs (5,700 kg) or a maximum cruise true airspeed greater than 250 knots must be equipped with Mode S EHS to operate in the United Kingdom, Germany and France. Aircraft with a certificate of airworthiness first issued on or after March 31, 2012, will be required to be Mode-S EHS-capable. Time-limited exemptions by the Mode-S EHS-implementing EU states apply only to aircraft with a certificate of airworthiness first issued prior to March 31, 2005, and have largely expired. U.S. mandates for Mode-S are based upon TCAS II requirements and cover only the Mode S ELS transponder. For details, refer to FAA Advisory Circular 20-151B. 2.2.8.7 AUTOMATIC DEPENDENT SURVEILLANCE- BROADCAST Referred to as ADS-B, this is a method of surveillance that is used primarily in continental/non-remote locations and is usually associated with remote outlets providing VHF voice communication directly with an ATC controller. ADS-B must transmit on a compatible datalink to the ATM facilities and other aircraft. Popular ADS-B datalink technologies are the universal access transceiver (UAT), transmitting on 978 MHz, and a Mode-S transponder using an “extended squitter,” transmitting on 1090MHz, or VDL Mode 4. VHF datalink, VDL Mode 4, is used in Europe and ICAO primarily for light general aviation aircraft. This is a two-way link based on the VDL Mode 4 standards. This datalink can provide a network of ground stations support services for ADS-B, TISB and FIS-B similar to the UAT. There are currently ADS-B Out mandates scheduled to take place in the EU, Canada, Australia, China, Hong Kong, Indonesia, Singapore, and the United States. U.S. operators do not require a letter of authorization or operations specification approval prior to operational use. LOA/OpsSpec A153 is designed for U.S. operators to prove state approval for ADS-B operations to foreign authorities. 2.2.8.8 AUTOMATIC DEPENDENT SURVEILLANCE- CONTRACT ADS-C is controlled by datalink contracts established with an ATM ground station. Similar to ADS-B, a pilot can only declare availability to ADS-C by selecting “Armed,” or cancel contract reporting by selecting “Off” or “Emergency” if the condition arises. The U.S. has not mandated ADS-C, but it is currently being used in the EU, NAT Region, Oakland Oceanic, Australia, Singapore, Hong Kong, Mongolia and eastern portions of Russia. ADS-C is used in conjunction with CPDLC and RNP-4 to provide 30 nm lateral/longitudinal separation in oceanic areas. U.S. operators require a letter of authorization or operations specification approval prior to operational usage of ADS-C. 2.2.8.9 EMERGENCY LOCATOR TRANSMITTER 14 CFR 91.207 states that “there is attached to the airplane an approved automatic type emergency locator transmitter that is in operable condition.” The regulation applies to a U.S.-registered aircraft whether it is flying within the United States or anywhere else. No specific frequency is mandated in this regulation. Since 2008, ICAO recommends that all airplanes should carry an emergency locator transmitter (ELT). ICAO further defines the standard that all ‘aeroplanes’ authorized to carry more than 19 passengers for which the individual certificate of airworthiness is first issued after July 1, 2008, shall be equipped with at least two ELTs, one of which shall be automatic. Airplanes authorized carrying fewer than 19 passengers only need to carry one automatic ELT. Since 2005, these ELTs must transmit on both 406 MHz and 121.5 MHz simultaneously. The new-technology ELTs using 406 MHz comply with FAA Technical Standard Order C126 and require specific registration with state of registry and COSPAS-SARSAT for full functionality. 2.2.8.10 COCKPIT VOICE RECORDER No person may operate a U.S. registered multi-engine, turbine-powered airplane having a passenger seating configuration of six passengers or more and for which two pilots are required by type certification or operating rule unless it is equipped with an approved cockpit voice recorder (CVR) that is installed in compliance with § 23.1457 or 25.1457 as applicable. NBAA MANAGEMENT GUIDE, 2024-01 204 FLIGHT OPERATIONS These regulations are detailed and cover such items as power supply requirements, color of the container, underwater locating capability and pre-flight functions required. The CVR must be operated continuously from the first use of the checklist before the flight to completion of the final checklist at the end of the flight. 14 CFR Part 135 Operations requires that aircraft manufactured after Oct. 11, 1991, or in which a cockpit voice recorder has been installed after Oct. 11, 1991, have a CVR that is equipped to record the uninterrupted audio signal received by a boom or mask microphone. Flight crew members are required to use the boom microphone below 18,000 feet MSL. All airplanes that utilize any of the datalink communications applications or are modified to install and utilize any of the datalink communications applications on or after Jan. 1, 2016, are required to carry a CVR and must record the data-link communications messages. For general aviation operations, ICAO uses the term “flight recorder” to reference both CVRs and FDRs. This may be confusing to U.S. operators. ICAO CVR standards are very similar to FAA regulations in terms of power supply requirements, color of the container, underwater locating capability and pre-flight functions required. However, there is no mention of “operated continuously from the use of the checklist before the flight to completion of the final checklist at the end of the flight,” only the length of time that needs to be recorded, i.e., the last two hours. ICAO recommends that in general aviation operations, the CVR and FDR need not be separate units if the maximum certificated takeoff mass is over 5,700 kg (12,566 lbs). 2.2.8.11 FLIGHT DATA RECORDER The FAA published modifications to flight data recorder (FDR) requirements in 2008. The final rule requires modifications to FDR recording time, power supplies, sampling rates and installation locations. From the regulations quoted below, it is clear the FAA’s intent was for this requirement to apply only to newly manufactured aircraft and not a requirement retrofit of previous units. Multiengine, turbine-powered aircraft manufactured after Oct. 11, 1991, but before April 7, 2010, with 10 or more passenger seats must have a digital FDR that records the data specified in 14 CFR 91, Appendix E and is capable of retaining no less than the last eight hours of operation. If the aircraft is a transport category, the FDR should be a separate unit from the CVR. ICAO general aviation operations directs that all airplanes for which the individual certificate of airworthiness is first issued on or after Jan. 1, 1989, with a maximum certificated takeoff mass of over 27,000 kg (59,524 lbs) shall be equipped with a Type I FDR. ICAO recommends that all airplanes over 5,700 kg (12,566 lbs) up to and including 27,000 kg (59,524 lbs) should be equipped with a Type II FDR. All airplanes for which the individual certificate of airworthiness is first issued after Jan. 1, 2005, and airplanes of a maximum certificated takeoff mass over 5,700 kg (12,566 lbs) shall be equipped with a Type IA DFR. 2.2.8.12 GROUND PROXIMITY WARNING SYSTEM Terrain awareness and warning system (TAWS) is the ICAO term for what US operators describe as ground proximity warning system (GPWS). There are two types of GPWS/ TAWS systems, Class A or B. Class A is commonly referred to as “EnhancedGPWS” and requires the installation of a situational display, which provides the operator with a visual display of the surrounding terrain and/or obstacles relative to the aircraft. Class B does not require a situational display of surrounding terrain and/or obstacles relative to the aircraft. ICAO commercial operations require all turbine-engine airplanes of a maximum certificated takeoff mass in excess of 5,700 kg (12,566 lbs) or authorized to carry more than nine passengers must be equipped with a ground proximity warning system (GPWS). Beginning Jan. 1, 2004, these airplanes must be equipped with a GPWS that also features a forward-looking terrain avoidance function. For general aviation requirements, ICAO requires that all turbine-engine airplanes of a maximum certificated takeoff mass in excess of 5,700 kg (12,566 lbs) or authorized to carry more than nine passengers must be equipped with a GPWS system that also has a forward-looking terrain avoidance function. ICAO recommends that all turbine-engine airplanes of a maximum certificated takeoff mass of 5,700 kg or less and authorized to carry more than five but not more than nine passengers should be equipped with a GPWS that has a forward-looking terrain avoidance function. NBAA MANAGEMENT GUIDE, 2024-01 205 FLIGHT OPERATIONS 2.2.8.13 TERMINAL COLLISION AVOIDANCE SYSTEM Terminal collision avoidance systems (TCAS), internationally known as airborne collision avoidance systems (ACAS), are a family of airborne devices that function independently of the ground-based ATC system, and provide collision avoidance protection for a broad spectrum of aircraft types. All TCAS systems provide some degree of collision threat alerting, and a traffic display. TCAS I and II differ primarily by their alerting capability. TCAS II provides TAs and Resolution Advisories (RAs) such as recommended escape maneuvers in the vertical dimension to either increase or maintain the existing vertical separation between aircraft. Operators of aircraft with TCAS II installed also need to be aware that ICAO Annex 10 requires version 7.1 software on new aircraft by Jan. 1, 2014, and existing aircraft by Jan. 1, 2017. ICAO recommends that all private international general aviation (IGA) aircraft with a maximum certificated takeoff mass in excess of 15,000 kg, or authorized to carry more than 30 passengers, for which the individual airworthiness certificate is first issued after Nov. 24, 2005 should be equipped with an airborne collision avoidance system, ACAS II, and that this system should be operated in accordance with the relevant provisions of ICAO Annex 10. ICAO directs that all turbine-engine aircraft with a maximum certificated takeoff mass in excess of 15,000 kg or authorized to carry more than 30 passengers, and first issued an individual airworthiness certificate after Jan. 1, 2007, shall be equipped with an airborne collision avoidance system, ACAS II. ICAO recommends that if the maximum certificated takeoff mass is in excess of 5,700 kg (12,566 lbs) but not exceeding 15,000 kg (33,069 lbs) or authorized to carry more than 19 passengers, for which the individual airworthiness certificate is first issued after Jan. 1, 2008, the aircraft should be equipped with an airborne collision avoidance system. 2.2.8.14 REDUCED VERTICAL SEPARATION MINIMA The goal of reduced vertical separation minima (RVSM) is to reduce the vertical separation between FL290 and FL410 to a minimum of 1000ft. This will allow aircraft to safely fly more optimum profiles, gain fuel savings and increase airspace capacity. Aircraft system performance and operating requirements are defined in JAA TGL #6 and FAA AC 91-85. EASA has since transposed TGL#6 with AMC1 SPA. RVSM.105 and the FAA has published AC 91-85A in 2016. Providing all these requirements are met, a state authority can issue an RVSM operational approval. RVSM is not strictly required by regulations for international operations. This additional state certification adds greatly to the ease of operating worldwide. FAA approval for RVSM operation covers both domestic and worldwide operation. To operate between FL 290 and 410 there are specific equipage and operating procedures that need to be certified. Without this certification, aircraft must fly lower or higher than RVSM-designated airspace. ICAO-compliant RVSM operations will be required to conduct initial monitoring within six months of their initial authorization, and must conduct recurrent monitoring every two years or within intervals of 1,000 flight hours per aircraft, whichever period is longer. FAA monitoring requirements became applicable in 2011. RVSM operators should also note that carriage and operation of ACAS/TCAS is not an RVSM requirement in itself. 2.2.9 AIRCRAFT MAINTENANCE The possibility of a technical defect or maintenance discrepancy grounding the aircraft away from home base must be taken into consideration. The availability of maintenance out- side the United States should be balanced against the need to carry spare parts and an aircraft technician on the flight. Maintenance release for flight can be another area of problems for an international operator. Specific OEM and company procedures for post-unscheduled maintenance return-to-flight status should be researched prior to the need, as well as unique country requirements. While FAR Part 91 operators are not required to have a dispatch release, they can be expected to be able to demonstrate when the next inspection is due in hours, cycles and date. This becomes your ICAO compliant maintenance release for flight. NBAA MANAGEMENT GUIDE, 2024-01 206 FLIGHT OPERATIONS Advanced planning includes knowing where to find an OEM’s foreign service representatives for airframes, powerplants or components and carrying those spares for the minimum equipment list (MEL) items most likely to fail and ground the aircraft. The manufacturers of these items can be contacted from a list of approved dealers and repair facilities overseas. Experienced international operators often have a standard list of spares, including maintenance manuals and aircraft logs, for their particular aircraft, which always are carried on extended international flights. Operators should not assume that they may perform maintenance on their own aircraft in foreign countries without restriction. A list of FAA-approved maintenance bases and repair stations outside the United States can be obtained from the FAA. Operators should be aware that maintenance technicians licensed outside the U.S. normally need a specific type endorsement on their domestic certificate to work on a specific type of aircraft. Many operators choose to carry a flight engineer or crew chief along for handling maintenance issues. However, even though these positions are correctly licensed to work on the aircraft, this practice may not be permitted and a local source may be required. If replacement parts are required in an international location, it is best to work through the technical representative for your aircraft, ideally in the location of the aircraft. Imported parts will have very large duties, which often can be minimized by using your OEMs tech reps. Know the contact information for the locations you are traveling ahead of time and, if possible, establish communications with them. 2.2.10 INTERNATIONAL FLIGHT CREW TRAINING No specific international operations training curriculum is described by FAA regulations or by Annex 2 to the ICAO, but it is essential to safe travel in oceanic/remote and foreign environments that operators provide adequate crew training, operating drills and procedural guidance. It is important to note that this is different from the requirements for training in RVSM or RNP operations. More information on what constitutes an adequate program of instruction can be found in the FAA’s Aviation Safety Inspector’s Handbook, FAA Order 8900.1, Volume 4, Chapter 12 (canceled 09-11-2019). The following is a comprehensive list of the subject material covered: ICAO measurement standards and operational rules, regulations and procedures Use of oceanic flight planning charts Sources and content of international flight publications Itinerary planning Preparation of FAA international flight plans, ICAO flight plans and flight logs Route planning within the special area of operation where flights are to be conducted Enroute and terminal procedures (different from U.S.) Long-range, air-to-ground communication procedures Structure of the special area of operation where the flights are to be conducted Air traffic clearances International meteorology, including significant weather charts and prognostic weather charts, tropopause prognostic charts and terminal weather and seasonal conditions over the route to be flown; the airports to be used; and the terrain and minimum safe altitudes Meteorological, communication and air traffic facilities, services and procedures Search-and-rescue procedures Navigational facilities and procedures, including any long-range navigation procedures associated with the planned route Such training is strongly recommended for private operators and required for commercial operators. There are several providers of qualified instruction in international procedures for operators undertaking international operations. For guidance on this topic or to find providers, attend the NBAA International Operators Conference, contact International Operators Committee members listed at www.nbaa.org/ committees or refer to the NBAA member directory at www.nbaa.org/directory. NBAA MANAGEMENT GUIDE, 2024-01 207 FLIGHT OPERATIONS 2.2.11 INTERNATIONAL FLIGHT PLANNING ORGANIZATIONS International operators will find a wide range of services available from professional firms that specialize in obtaining over-flight and landing permits, security information, computerized flight planning, weather information, charts, NOTAM dissemination, communications, flight following and ground handling for passengers, aircraft selection and crew acquisition. The decision on whether to use such a firm, and which firm to use, can potentially affect the outcome of an international trip. As noted in this section, international travel involves extensive attention to detail that must be timely, correctly documented and properly acted upon. A poorly planned trip can result in complications, delays and denial of entry/exit. NBAA recommends that flight departments evaluate the use of flight planning firms with international experience as a supplement to in-house expertise and trip planning resources. Many of these flight planning firms are NBAA associate members and can be found in NBAA’s Products and Services Directory. International service providers should be carefully screened before they are hired. During the interview process, all aspects of the relationship should be discussed, including areas of operation, costs and services provided, and compatibility with the flight department. It is imperative to pick a service provider that provides adequate communication throughout the process. Fellow international business aircraft operators often area good source of information during the planning stages of an international flight. Contact information for NBAA member companies that have recently completed trips to foreign countries can be obtained from the International Feedback Data-base section of the NBAA website at www.nbaa.org/intl. 2.2.12 GROUND HANDLING CONSIDERATIONS Domestic operators are accustomed to the assistance of airport service organizations (ASOs), commonly known as fixed base operators (FBOs). However, these facilities and services are not a given quantity at overseas destinations. Therefore, the assistance of a locally based ground handling agent is often required to procure and organize services at the destination. Domestic, regional or international airlines with operations at a specific airport, as well as affiliates of U.S.-based flight-planning firms, can provide or assist in obtaining many of the required ground support services. Other agents can help with customs, immigration and public health procedures and can expedite the shipment of spares and provide aircraft maintenance. Unlike in the United States, foreign ground handling agents, customs and fuel suppliers frequently operate out of separate facilities and will need to be coordinated independently by the operator or through a central coordinator. This precaution also pertains to any information updates, flight plans, weather, etc., sent to the particular airport of destination. National or multinational oil companies normally supply fuel at airports outside the United States. In some cases, the provision and sale of fuel are restricted to a government monopoly vendor. It is important to ensure that taxes are accurately assessed and paid in full, and that a record of payment is maintained. Some vendors can provide full services, such as over-wing (gravity) or singlepoint (pressure) fueling capabilities and Prist (jet fuel additive), but this cannot be assumed. The latter may have to be carried on the aircraft to some locations. International operators should arrange for the method of fuel payment in advance. Some options available are direct billing, payment through a firm, a contract fuel agency or international carnet, or payment via international credit card provided by international fuel companies. Domestic fuel credit cards may not be honored outside the United States and its territories, so operators must verify their acceptance in advance. In some parts of the world, especially developing countries, cash (local or hard currencies, such as U.S. dollar or euro) is the preferred or only method of payment. New, clean bills may be all that is acceptable and change should not be expected. Traveler’s checks are a safe way to transport funds, but they will cause delays in some locations where they are not accepted in lieu of cash. For security reasons, operators should avoid carrying large sums of cash. While legal to do, when more than $10,000 is taken out of the United States, it must be reported (before departing) to U.S. Customs and Border Protection (CBP). NBAA MANAGEMENT GUIDE, 2024-01 208 FLIGHT OPERATIONS A number of European countries assess significant taxes on fuel uploaded by business aircraft. However, some countries will reimburse the amount of domestic taxes, commonly known as value added tax (VAT), paid by foreign-registered aircraft that are flown internationally. This type of information can be found only by directly contacting a local handling agent or agency specializing in VAT reclamation. In recent years, fuel usually has been available world-wide, but keep in mind that shortages can develop quickly due to weather, political unrest or natural disasters. Direct operating costs can be higher for international operations than domestic U.S. operations. When a business aircraft flies internationally, it generates direct charges in the form of user fees. Such fees are in addition to fuel taxes that are similar to, but normally greater than, those accrued in the United States. User fees for international trips normally are broken down into navigation, communication, landing and handling fees, but they may be described on the invoices by various terms. There are a number of programs available to provide credit at most international locations. NBAA recommends that flight crews do not carry more than necessary cash on international trips. CBP requires the reporting of cash in excess of $10,000 per person on board. Domestic fuel credit cards are not normally accepted internationally but in some cases, direct billing can be arranged in advance and some fuel companies can provide international fuel carnets. Major credit card networks all are generally recognized to a greater or lesser degree worldwide, largely dependent upon location. Many aviation-specific payment cards are recognized as well. In short, make every attempt to have secured all payment terms before the beginning of a trip. The ICAO publication, “Manual of Airport and Air Navigation Facility Tariffs, Doc 7100,” provides approximate charges made by governments for the use of their aviation infrastructures. However, the fees provided are two years behind current rates and can be used only as a rough guide to expected costs. In Western Europe, most airway en route charges are billed through the Eurocontrol Route Charges Office, and additional information can be found at www.eurocontrol.int (key-word “Central Route Charges Office”). Charges assessed for ground handling and other services rendered to business aircraft vary widely but generally are based on aircraft size and/or weight factors and services required. The national or airport authorities or the local handling agencies may collect these fees. In Europe, most ground handlers subscribe to the European Business Aviation Association’s (EBAA) Handling and FBO Code of Practice; see www.ebaa.org. Schedules of services and charges can be approximated by contacting the ground handling agent or service facilities at the airport. Fuel prices vary widely and change frequently. Prices range from half to more than twice what is charged in the United States at any given time. At times, tankering of fuel may be advisable because additional taxes in some locations can boost actual fuel costs by up to three hundred percent (300%). Additionally, regardless of the source of charges, statements should be audited carefully, not only for specific charges but also for the authenticity of the statement itself, even if it appears to be an official government document. If service fees are billed, these efforts often are confounded by less than timely distribution of invoices, often three to six months or more after the flight. Because of these delays, it is important to retain all receipts and maintain good contemporaneous records of all flights. If an error is found, most agencies are willing to make adjustments when it is brought to their attention. In recent years, spam scams have surfaced that look quite legitimate. Any unexpected invoices received via email for services performed should be addressed by telephone call to the purported billing organization. Do not respond by email. NBAA MANAGEMENT GUIDE, 2024-01 209 FLIGHT OPERATIONS 2.2.13 SEARCH AND RESCUE A Rescue Coordination Center (RCC) is the primary search and rescue facility in a country that is staffed by supervisory personnel and equipped for coordinating and controlling search and rescue operations. RCCs are operated unilaterally by personnel of a single military service, usually the nation’s Air Force or Coast Guard. A Joint Rescue Coordination Centre (JRCC), is a special type of RCC that is operated by personnel from multiple military services or a combination of military and/or civilian services. ICAO Annex 12 directs that each rescue coordination center shall have readily available at all times up-to-date information concerning the search and rescue capabilities within their region. Search and rescue (SAR) resources and locations are required to be onboard and available to the pilot-in-command (PIC) for commercial operators by ICAO Annex 6, Part 1, Chapter 9. General aviation operators are recommended to comply with this same information resource. This information can commonly be found in Jeppesen en route manuals, in the “Emergency” section. Information about air-to-air interception procedures and visual signals used in the interception of civil aircraft must be included in the commercial operators’ operations manual. Annex 6, Part 2 also directs this information to be available to the PIC onboard the aircraft. Details on these procedures and signals can be found in Annex 2, Appendix 1 and 2. The set of internationally recognized distress signals known as the ground-air visual signal code is found in the appendix section of ICAO Annex 12. These can be used to convey simple messages to an overflying search aircraft where there is no other means of communication. These symbols can be made on the ground by using rocks or other material. You must ensure that the symbols are large enough to be seen by an aircraft flying overhead. The pilot overhead will respond if the signal is understood by rocking the aircraft’s wings during day-light or flashing the aircraft’s landing lights or navigation lights on and off. If in doubt, use the international symbol: SOS. Emergency equipment such as fire extinguishers, first aid kits, medical kits and emergency exits, locations and number required are described in Annex 6, Chapter 6, Part 1 and Part 2. Separate from the required first aid kits, an emergency medical supply kit provides for the more frequent cases of medical diversions and critical in-flight medical treatment. Commercial operators have specific details for supplies and carriage. A list of contents, medications and instructions recommended being carried can be found in ICAO Annex 6, Part 1, Attachment B. Private operators are recommended to comply with the same equipment mandates. Many operators choose to carry and train for the use of automated external defibrillators (AED). The carriage of AEDs should be determined by operators on the basis of a risk assessment, taking into account the particular needs of the operation. With regard to life vests and rafts, 14CFR 91.509 directs U.S. private operators that no person may take an airplane for a flight over water more than 50 nm from the nearest shore unless that airplane is equipped with a life preserver or an approved flotation means for each occupant of the airplane. No person may take an airplane for a flight over water more than 30 minutes flying time or 100 nm from the nearest shore, whichever is less, unless it has on board the following survival equipment: A life preserver, equipped with an approved survivor locator light, for each occupant of the airplane Enough life rafts (each equipped with an approved survival locator light) of a rated capacity and buoyancy to accommodate the occupants of the airplane (see TSO- C70A 4/13/84) At least one pyrotechnic signaling device for each life raft One self-buoyant, water-resistant, portable emergency radio signaling device that is capable of transmission on the appropriate emergency frequency or frequencies and not dependent upon the airplane power supply A lifeline stored in accordance with §25.1411(g) of this chapter. The required life rafts, life preservers and signaling devices must be installed in conspicuously marked locations and easily accessible in the event of a ditching without appreciable time for preparatory procedures A survival kit, appropriately equipped for the route to be flown, attached to each required life raft 14 CFR 135.167 directs U.S. commercial operators in extended over-water operations (greater than 50 nm from shoreline) to carry life vests with locator lights for all occupants. The regulation goes on to require enough approved life rafts of a rated capacity and buoyancy to accommodate the occupants of the aircraft. Each will be equipped with specific survival gear in a kit attached to the raft. NBAA MANAGEMENT GUIDE, 2024-01 210 FLIGHT OPERATIONS ICAO Annex 6 Part 1, Chapter 6 states that commercial “landplanes” must have life jackets onboard for all occupants if they are operating greater than the gliding distance to shore or if, in the opinion of the country of the operator, the takeoff or approach path is so disposed over water that in the event of a mishap there would be a likelihood of a ditching. When operating “long-range overwater flights” – i.e., 30 minutes cruising speed or 100 nm from the nearest shore (whichever is less for multi-engine)-life rafts, survival kits and pyrotechnic signaling devices are required. Locator lights on the life-jackets are also required. Annex 6, Part 2, Chapter 2.1 recommends that life jackets be carried only for single-engine landplanes when operating greater than the gliding distance to shore or, in the opinion of the PIC, when the takeoff or approach path is so disposed over water that in the event of a mishap there would be a likelihood of a ditching. Rafts, survival kits and signaling devices are only required for general aviation aircraft if operating in extended flights over water and then only if the PIC determines that the risk warrants it. The type of raft required for an aircraft is dictated by the certification of the aircraft. There is no direct reference to this in the FARs, but it is found in the applicable technical standard order (TSO). The FSDO for a particular over-water operation can direct more and larger rafts based upon the aircraft ditching certification or lack thereof. For ditching or off-airport emergency landings, the aircraft manufacturer should be consulted about specific aircraft procedures. General information on ditching can be found in the Aeronautical Information Manual (AIM), and additional ditching references are listed at the close of this section. ICAO Annex 6, Part 1 and 2, directs that airplanes operated in areas where the state has deemed search and rescue to be especially difficult must be equipped with such signaling devices and life-saving equipment (including means of sustaining life) as may be appropriate to the area overflown. The U.S. has not identified and designated any such areas in its territories to the ICAO. Operators should consult the AIP of the country where they are operating internationally for information on these requirements. Pilots and passengers should be thoroughly familiar with the location and proper use of the equipment. As an example of survival kit requirements, Canada provides a list of capabilities for kits used in their designated remote areas as follows: Starting a fire Providing shelter Providing or purifying water Visually signaling distress Canada also provides a useful list of recommended polar survival items that operators should consider carrying for flights over northern Canada and for any flight routing north of Prince Christian Sound, Greenland: A signaling sheet, minimum 1 by 1 meters in a reflecting color A magnetic compass Winter sleeping bags in sufficient quantity to accommodate all persons carried Matches in waterproof covers A ball of string A stove and supply of fuel A snow saw Candles or some other self-contained means of providing heat with a burning time of about two hours per person; the minimum candles carried onboard must not be less than 40 hours of burning time Personal clothing suitable for the climatic conditions along the overflown route A suitable instruction manual in polar survival techniques Firearms have not been required in Canada’s list since 2001. Flight crew and passengers should be thoroughly familiar with the location and proper use of the equipment. NBAA recommends obtaining survival training from organizations experienced in providing such instruction prior to flight over any significant body of water or remote terrain. NBAA MANAGEMENT GUIDE, 2024-01 211 FLIGHT OPERATIONS Life raft survival kits contents vary based upon the type of operation being conducted, private or commercial. Generally speaking, contents will include: Lines, including an inflation/mooring line with a snap-hook, rescue or lifeline, and a heaving or trailing line Sea anchors Raft repair equipment such as repair clamps, rubber plugs and leak stoppers Inflation devices including hand pumps and cylinders (carbon dioxide bottles) Safety/inflation relief valves Canopy and equipment for erecting the canopy Position lights Hook-type knife, sheathed and secured by retaining line Placards that give the location of raft equipment Propelling devices such as oars or glove paddles Water catching devices including bailing buckets, cups and sponges Signaling devices such as: At least one approved pyrotechnic device and mirror One spotlight or flashlight One police whistle One dye marker Radio beacon with water-activated battery and radio reflector One magnetic compass A two-day supply of rations supplying at least 1,000 calories a day for each person One desalination kit for every two persons the raft is rated to carry or two pints of water for each person the raft is rated to carry One fishing kit One book on survival appropriate for any area A first aid kit 2.2.14 HUMAN FACTORS CONSIDERATIONS Figure 2.1 will be helpful in providing the details to crews of their layover rest accommodations. The human body’s natural circadian process influences both cognitive effectiveness and sleep regulation. Sleep regulation is dependent upon hours of sleep, hours of wakefulness, current sleep debt, the circadian process and sleep fragmentation (i.e., awakenings during a sleep period). Cognitive effectiveness is dependent upon the current balance of the sleep regulation process, the circadian process and sleep inertia. Because international flights frequently cross many time zones in very short periods of time, crew rest requirements, including those of flight attendants and engineers must be considered during the planning phase of the operation. As a rule of thumb, the average human body takes approximately 24 hours per two hours of time zones crossed to adjust its circadian rhythms to the local time zone. For brief periods of travel, such as a 24 to 48-hour period, best practice recommendations generally agree that it is better to stay on one’s home body clock rather than try to adjust to the local time zone. Augmenting the flight crew provides for reduced time at the controls for each crew member and allows for a sleep opportunity during a duty period. Consequently, with additional flight crew and an opportunity for sleep, fatigue would be accumulated more slowly. In this way, duty periods can be increased beyond the recommended limit of 14 hours within each 24-hour period. When an additional flight crew member rotates into the flight deck positions, the duty period can be extended, with specified restrictions. In each circumstance, it is required that each flight crew member be provided one or more on-duty sleep opportunities. NBAA MANAGEMENT GUIDE, 2024-01 212 FLIGHT OPERATIONS In general, the longer a flight crew member is away from the home-base/domicile time zone, the more recovery time is needed for readjustment to home-base/domicile time. Therefore, it is recommended that for duty periods that include crossing four or more time zones and that involve 48 hours or more in a time zone away from the home-base/ domicile time zone, a minimum of 48 hours off duty be scheduled upon return to homebase/domicile time. In 2001, SAE International, in conjunction with the USAF, developed a computer-based analysis to address the problem of aircrew fatigue in aircrew flight scheduling. The Fatigue Avoidance Scheduling Tool (FAST), accessible at papers.sae.org/2004-01-2151, derives a calculated composite of human performance on a number of cognitive tasks, scaled from 0 to 100 percent. An oscillating line in the graph represents expected group average performance on these tasks as determined by time of day, biological rhythms, time spent awake and amount of sleep, and various confidence limits around the average may be displayed. Additional information about flight, duty and rest time considerations can be found in the Flight Operations section of this NBAA Management Guide, as well as in the ICAO/ IBAC/FSF Fatigue Management Guide for General Aviation Operators of Large and Turbojet Aeroplanes (Revised in 2017-replaces ICAO Fatigue Management Guide). Having a plan in advance on how to get care when become sick or injured overseas without warning is the key to successful treatment. This applies to all travelers, but is especially important for senior citizens, pregnant women, people with pre-existing conditions, or people who will be in a foreign country for an extended period of time. The U.S. embassy in your destination country can help you locate medical services and will notify your family and friends in the event of an emergency. When selecting a doctor, make sure that they can speak your language. The following resources provide lists of doctors and clinics that can care for travelers: The International Association for Medical Assistance to Travelers (www.iamat.org) (free membership required) Joint Commission International (www.jointcommissionininternational.org) The International Society of Travel Medicine (www.istm.org) Travel Health Online (www.tripprep.com) gets information from various sources so quality is not guaranteed) Some simple things to make sure you’re prepared: Consider whether you might need travel health or evacuation insurance Register with the U.S. embassy in your destination country at https://step.state.gov/step/ Bring any medicines you may need (pack extra, in case of delays) from home. Medicines in other countries may be counterfeit Carry a card that identifies, in the local language, your blood type, any chronic illnesses you have, any medicines you are taking, and any allergies you have Wear a MedicAlert bracelet if you have serious medical conditions If you have been in a country with malaria and develop a fever within a month after you leave, see a doctor immediately. Most fevers are caused by less serious illnesses but because malaria is a medical emergency, your doctor must first rule it out. A fever could still be malaria even if you took anti-malarial medicine because the medicine is not 100% effective. Most malaria develops within 30 days, but rare cases can lie dormant for a year or longer. It’s important to always tell your doctor about any travel you have done, no matter how long ago. Most cases of diarrhea go away by themselves in a few days, but see your doctor if you have diarrhea that lasts longer than two weeks. Persistent diarrhea can make you lose nutrients and is often caused by a parasitic infection that will need to be treated with specific drugs. Skin problems (rashes, boils, fungal infections, bug bites) are among the most common illnesses reported by people who have returned from international travel. NBAA MANAGEMENT GUIDE, 2024-01 213 FLIGHT OPERATIONS Most skin problems are not serious, but they may be a sign of a serious illness, especially if you also have a fever. Whatever the reason, if you go to the doctor after returning from a trip overseas, tell him or her about your recent travel. Make sure to include all relevant details, including: What you did on your trip How long you were gone Where you stayed (fancy hotel, native dwelling, tent) What you ate and drank while you were there Whether you were bitten by bugs Whether you swam in fresh-water Any other possible exposures (sex, tattoos, piercings) 2.2.15 INFORMATIONAL RESOURCES FOR INTERNATIONAL OPERATORS The NBAA International Operators Committee is composed of NBAA member representatives that have experience and interest in international operations. The committee designates eight regional leads (by ICAO regions) that act as monitors in their areas of operational expertise. The committee’s regional lead coordinator directs the group’s efforts in conjunction with the committee chairman, vice chairman and staff liaison to obtain maximum effectiveness in dealing with international issues. It is the information gained from these regional contributions that forms the basis for NBAA‘s yearly International Operators Conference, which covers the wide variety of issues involved in the international operation of business aircraft. NBAA does not attempt to duplicate services that are available from other sources (e.g., facilitation, flight planning, flight following, security or training organizations). Instead, the association facilitates the collection and dissemination of time-critical information to its members through the NBAA International Feedback Database at www.nbaa.org/intl. Flight crews are encouraged to provide operational feedback to the database after each international trip to keep the system active and viable. The following items are provided to emphasize the critical elements of any international operation. Take nothing for granted Always telephone, fax or email the next stop, handler or operations department as appropriate to ensure that all arrangements have been made Insist on written confirmations from all agencies wherever possible and keep them available in the cockpit Attempt to talk to someone who recently has made the same or similar trip. Check NBAA’s International Feedback Database for contacts Seriously consider using an international planning organization Know current and forecasted weather and INOTAM information Establish procedures to facilitate flight following and crew communications for maintenance and other possible problems Establish procedures for crew or passenger illnesses For additional recommendations from the NBAA International Operators Committee, please review the planning checklist at the end of this chapter. NBAA MANAGEMENT GUIDE, 2024-01 214 FLIGHT OPERATIONS 2.2.15.1 INTERNATIONAL BUSINESS AVIATION COUNCIL (IBAC) The International Business Aviation Council (IBAC), an organization made up of business aviation associations from different countries, was founded in 1981 to represent the interests of business aviation worldwide. IBAC is an International NonGovernmental Organization (INGO) with permanent observer status with the International Civil Aviation Organization (ICAO). In coordination with member associations, IBAC also produces material of direct value to flight departments, such as the International Standard for Business Aircraft Operations (IS-BAO), Safety Management Tool Kit, SMS eLearning training and the Aircrew Identification Card. IBAC is an International Non-Governmental Organization (INGO) with permanent observer status with the International Civil Aviation Organization (ICAO), the United Nations agency for aviation matters. NBAA was a founding member of IBAC, and through NBAA’s IBAC membership, NBAA members gain affiliate status to the council. IBAC’s offices are in the ICAO Building in Montreal, Canada. IBAC members are listed at the end of this section, and additional information is provided at www.ibac.org. 2.2.15.2 INTERNATIONAL AIR TRANSPORT ASSOCIATION The International Air Transport Association (IATA) is an international industry trade group of airlines headquartered in Montreal, Quebec, Canada, where ICAO is also head-quartered. IATA’s mission is to represent, lead and serve the airline industry. IATA represents some 240 airlines comprising eighty-four percent (84%) of scheduled international air traffic. 2.2.15.3 DOCUMENTATION RESOURCES AIPs and their supplements, information circulars and NOTAMs remain the best source for travel documentation requirements. The International Air Transport Association (IATA) offers two further resources. The Travel Information Manual (TIM), published at www.iata.org, is a valuable source for visa and health requirements, provides monthly updates on passenger documentation requirements and overview of broad generic requirements found in ICAO Annex 9, Facilitation. The IATA also publishes a website at www.IATATravelCentre.com with this information. The Jeppesen airways manual has an entry requirements section, which can be outdated but will provide information to check against other sources. Commercial visa service companies can help operators obtain required documents and are listed in the NBAA member directory, www.nbaa.org/directory, and in the NBAA Products & Services Directory, www.nbaa.org/prodsvcs. NBAA MANAGEMENT GUIDE, 2024-01 215 FLIGHT OPERATIONS 2.2.15.4 ICAO DOCUMENTS The ICAO source for publications can be found at: https:// store.icao.int/ Annex 1 – Personnel Licensing Annex 2 – Rules of the Air (This is referenced in 14CFR91.703) Annex 5 – International Standards of Measurements Annex 6 – Operation of Aircraft Part I – International Commercial Air Transport Part II – International General Aviation Aeroplanes Annex 9 – Facilitation Annex 19 – Safety Management Systems Document – #7300 Convention on International Civil Aviation (The 96 Articles) Document #7030 – Regional Supplementary Procedures Document #4444 – Procedures for Air Traffic Management, PANS-ATM Document #8168 – Procedures for Air Navigation Services, Operations PANS-Ops Vol. I, Flight Procedures Vol. II, Construction of Visual and Instrument Approaches Document #7100 – Manual of Airport and Air Navigation Facility Tariffs Document #9613 – Performance Based Navigation Global Operational of Data Link Document (The “GOLD” Document) The ICAO source for publications specific to the North Atlantic and Europe are found at https://www.icao.int/eurnat/ Pages/welcome.aspx. Relevant publications include: NAT Document #007, North Atlantic Operations and Airspace Manual North Atlantic Oceanic Error Safety (OES) Bulletins and Supplements North Atlantic Operations Bulletins 2.2.15.5 FEDERAL AVIATION ADMINISTRATION The FAA source for Advisory Circulars publication can be found at: www.faa.gov/regulations_policies/advisory_circulars/ AC 91-70B – Oceanic and International Operations AC 90-85A – Authorization of Aircraft and Operators for Flight in Reduced Vertical Separation Minimum Airspace AC 90-96A – Approval of U.S. Operators and Aircraft to Operate Under Instrument Flight Rules (IFR) in European Airspace Designated for Basic Area Navigation (BRNAV) and Precision Area Navigation (PRNAV) AC 90-105A -Approval Guidance for RNP Operations and Barometric Vertical Navigation in the U.S. National Airspace System and in Oceanic and Remote Continental Airspace AC 120-70C - Operational Authorization Process for Use of Data Link Communication System AC 90-100A – U.S Terminal and En Route Area Navigation (RNAV) Operations The FAA source for the publications below can be found at: https://www.faa.gov/air_traffic/publications/. United States Aeronautical Information Manual “AIM” Notices to Airmen Publication, Class II “NTAP” Aeronautical Information Publication “AIP” The FAA source for the publications below can be found at: https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afs/afs400/afs470/oceanic_remote/ North Atlantic Resource Guide Pacific Resource Guide WATRS, GOMEX, and Caribbean Resource Guide The FAA source for the chart supplements below can be found at: https://www.faa.gov/air_traffic/flight_info/aeronav/ productcatalog/supplementalcharts/ Alaska Chart Supplement Pacific Chart Supplement NBAA MANAGEMENT GUIDE, 2024-01 216 FLIGHT OPERATIONS 2.2.15.6 IBAC MEMBER COUNCILS International Business Aviation Council (IBAC) Web: www.ibac.org Australian Business Aviation Association 9 Guthrie Ave Cremorne NSW 2090 Australia Tel: +61 (0) 413 994 757 Email: david.bell@flyabaa.com Web: www.abaa.com.au Associação Brasileira de Aviáçáo Geral (Brazil) Rua Cel Tobias Coelho 147 São Paulo – SP 04357-070 Brazil Tel: +(55) (11) 5032-2727 Fax: +(55) (11) 5031-1900 Email: mail@abag.org.br Web: www.abag.org.br Asian Business Aviation Association Level 13, 68 Yee Wo 68 Yee Wo Street Causeway, Hong Kong Tel No. +852 3182 7129 Mobile: +852 6014 5025 Email: info@asbaa.org Web: www.asbaa.org Business Aircraft Operators Association (India) 415A, G5 Building, Opp. Terminal 1D IGI Airport New Delhi – 110037 Tel:+91 11 47104513 Fax:+91 11 41542438 Email: rkbali@baoa.in British Business and General Aviation Association Of- fice 1, Brook Farm Barns Dorton, Aylesbury, Bucks HP18 9NQ UK Tel: +44 (0) 1844 238020 Fax: +44 (0) 1844 238087 Email: lindsey.oliver@bbga.aero Web: www.bbga.aero Canadian Business Aviation Association 1 Rideau Street, Suite 700 Ottawa, ON K1N 8S7 CANADA Tel: +613-236-5611 Fax: +613-236-2361 Email: info@cbaa.ca Web: www.cbaa-acaa.ca NBAA MANAGEMENT GUIDE, 2024-01 217 FLIGHT OPERATIONS European Business Aviation Association Square de Meeûs 37, 1000 Brussels, Belgium Tel: +32-2-318-2800 Fax: +32-2-768-1325 Email: info@ebaa.org Web: www.ebaa.org European Business Aviation Council (France) C/O FNAM 28, rue de Chateaudun 75009 Paris, France Tel: +33 1 45 26 74 74 Fax: +33 1 45 26 23 95 Email: ebaafrance@ebaafrance.aero German Business Aviation Association e. V. Georg-Wulf-Straße 2D-12529 Schönefeld, Germany Phone: +49 0 711 252944600 Cell: +49 0 152 59522812 Fax: +49 0 711 252944609 Email: ceo@gbaa.de Web: www.gbaa.de Italian Business Aviation Association Aviazione 65 20138 Milano Linate ITALY Tel: +39 02 76.11.0952 Fax: +39 02 76.11.1110 Email: segreteria@ibaa.it Japan Business Aviation Association c/o Sojitz Corporation 1 Uchisaiwaicho 2-chome, Chiyoda-ku, Tokyo, 100- 8691, Japan Tel: +81-3-6871-5107 Fax: +81-3-6871-3246 Email: kitabayashi@jbaa.org Web Site: www.jbaa.org Middle East Business Aviation Association Business Central Towers Tower B, Office 3101 Sheikh Zayed Road Media City PO Box 117733 Dubai UAE Tel: +971.4.4356670 Fax: +971.4.4574065 Email: info@mebaa.com Web: www.mebaa.com NBAA MANAGEMENT GUIDE, 2024-01 218 FLIGHT OPERATIONS National Business Aviation Association (USA) 1200 G Street NW, Suite 1100 Washington, DC 20005 USA Tel: +202-783-9000 Fax: +202-331-8364 Email: info@nbaa.org Web: www.nbaa.org Russian United Business Aviation Association 121099, Russia, Moscow Maly Kakovinsky lane, 4, building 1, office 7 Russian Federation Tel: +7 909 635 49 81 Fax: + 7 (495) 989 20 12 Email: as@rubaa.ru Web: www.rubaa.ru 2.2.15.7 ADDITIONAL PUBLICATIONS AND WEB- SITES Further information on a wide variety of relevant topics can be found at the following resources: NBAA’s fatigue page www.nbaa.org/ops/safety/human-factors/fatigue/ ICAO’s fatigue page https://www.icao.int/safety/fatiguemanagement/Pages/default.aspx Management Guide for General Aviation Operators of Large and Turbojet Aeroplanes https://flightsafety.org/wpcontent/uploads/2016/09/ FM Management Guide-for-GA-Ops-FINAL.pdf IATA Travel Information Manual: www.iata.org/publications/timatic/Pages/tim.aspx Individual state Aeronautical Information Publications (AIPs) www.eurocontrol.int/articles/ais-online IATA’s Know Before You Go website www.iatatravelcentre.com US Customs and Border Protection www.cbp.gov/travel NBAA’s Membership Listing of International Flight Planning Services www.nbaa.org/about/contact/air-trafficservices/fpsp/ The U.S. Department of State https://travel.state.gov/content/passports/en/go.html The CIA World Fact Book www.cia.gov/library/publications/the-world-factbook/ The Centers for Disease Control http://www.cdc.gov International Business Aviation Council (IBAC) www.ibac.org 2.2.16 NBAA INTERNATIONAL TRIP CHECKLISTS NBAA has developed several checklists for international flights based on the material in this section. Each checklist touches on a different aspect of planning an international flight, from flight crew qualifications to local airport conditions. These checklists begin on the next page. NBAA MANAGEMENT GUIDE, 2024-01 219 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 220 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 221 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 222 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 223 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 224 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 225 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 226 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 227 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 228 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 229 FLIGHT OPERATIONS NBAA MANAGEMENT GUIDE, 2024-01 230 FLIGHT OPERATIONS 2.3 Emerging Technologies 2.3.1 UAS Unmanned aircraft systems (UAS) are being integrated into commercial enterprises as tools to support the capture of new business, improve safety and performance, expedite response, support current business goals and provide new capabilities and services to the market. Technological advancement is an essential element of aviation, enabling new capability, supporting efficiency gains, and providing safety enhancement. There are a number of key emerging technologies affecting the business aviation community, including those that have recently been adopted and those on the edge of conceptual development. Unmanned aircraft systems (UAS) and unmanned traffic management (UTM); advanced air mobility (AAM) and electric vertical takeoff and landing EVTOL platforms; augmented, virtual, and mixed reality (AR/VR/ MR); additive layer manufacturing (ALM); and smart automation, featuring Blockchain, artificial intelligence (AI), predictive analytics, and “big data” are clear examples. The common thread among these various technologies is that they each hold the potential to dramatically alter the future landscape of the industry. Business aviation professionals play an integral role in introducing new operational applications, developing commercial entrepreneurial opportunities and best practices, and providing review and feedback for regulations, standards, and training practices. Staying aware and informed of new technologies, whether introduced to specifically support business aviation operations or as a result of “disruptive” innovation, will help aviation department managers to better evaluate and realize potential suitability, implications, and benefits. A number of operators, including corporate flight departments, are exploring how this technology can provide effective economic advantage and opportunity to meet the needs of several industries, while maintaining an equivalent level of safety across the aviation community. These industries include but are not limited to agriculture, resource exploration (oil, gas, metals and minerals), filming (television and movie-making), real estate, insurance, marketing, telecommunications, emergency services, construction and government contracting. Despite tremendous potential there are significant challenges, including the need for precise regulation, certification and training; improved Detect and Avoid (DAA) systems; and public outreach and education, that must be addressed before wide-scale and routine application will become a reality. Those able to quickly adapt and respond to changing regulatory conditions, apply resources to address challenges and meet dynamic demands and needs of these industries will ultimately be better positioned to take full advantage of this technology. The NBAA Emerging Technology Committee is encouraging flight departments to stay engaged with how their company is using or planning to use UAS technology for their business needs. Flight departments may not be aware that other sections within the company may be pursuing or already using this type of aircraft. Whether UAS assets are being acquired or their services contracted, flight departments can provide valuable guidance to ensure that the equipment is operated legally and safely. Therefore, aviation team engagement is critical to help maintain the same standards for UAS that are expected of fixed and rotary wing aircraft. Many of the same factors apply, such as risk management, standard operating procedures, safety management systems, fatigue management, maintenance programs and training requirements. Non-aviation personnel may not be aware of NOTAM requirements, maximum altitudes of use and distance requirements from airports. Additional factors include insurance requirements, personal protective equipment needs and the security of transmitted data. Amid rapidly changing technology and regulatory requirements, flight departments are best suited to provide guidance for this expanding segment of aviation and its many uses. For more information, visit www.nbaa.org/uas. NBAA MANAGEMENT GUIDE, 2024-01 231 AIRCRAFT MAINTENANCE OPERATIONS 3.1 AIRCRAFT MAINTENANCE OPERATIONS 3.1.1 PURPOSE OF THE BUSINESS AVIATION MAINTENANCE DEPARTMENT A major contributor to the success of the corporate flight department is the aircraft maintenance function. The aviation maintenance personnel have the direct responsibility of certifying the conformity of aircraft to ensure continued airworthiness which in turn allows for maximum asset utilization. The Aviation Maintenance team serves the dual role of asset management, including maintenance planning, budgeting, and aircraft refurbishment, all contributors to operational capability and asset values. Documenting and communicating established maintenance practices such as discrepancy entries, corrective action, internal company policies and other acceptable data should be fully integrated into the Maintenance Operations Manual. Good interdepartment communication should be fostered across work groups that maintain stable aviation operations The maintenance department should apply analytics to leverage available data establishing metrics that measure and communicate department key performance and safety indicators (KPIs and SPIs) 3.1.2 MAINTENANCE DEPARTMENT MISSION STATEMENT The aviation department should have an overall mission statement that describes its role for the particular company served. A mission statement is a brief paragraph that provides a concise and relevant definition of a given activity that may be easily understood by a large audience. This audience may be potential users, customers and/or senior management. The mission statement should reflect the values and principles of the NBAA member company. The maintenance function may wish to develop a statement of its own that supports the flight department’s general mission statement. 3.1.3 MAINTENANCE DEPARTMENT BUDGET Optimized maintenance departments are required to have suitable monetary resources for the operating (fiscal) year. The parent company’s budget policies and procedures should be understood and complied with. Both short and long-range planning should be developed for asset management that reflects day-to-day operations and capital expenditures. The maintenance manager is tasked with being the primary steward of aircraft spend on maintenance, including monetary considerations for airframe and engine maintenance programs, accurate warranty work, and comprehensive RFQ procedures for outsourced work. Budgeting considerations also include evaluating the needs for additional training, replacement parts, support equipment, engine reserves, salaries, and other applicable items. Good business practice dictates that the company’s accounting and budgeting personnel be consulted on an ongoing basis to ensure that they clearly understand the maintenance department’s needs and plan for them. The development of this relationship may prove to be critical to the approval of important maintenance-oriented programs and the continued success of the aviation department (for a Sample Maintenance Budget Form, along with related charts for Relative Monthly Expenses and Projected Monthly Downtime, see Figure 3.1, Figure 3.2, and Figure 3.3. NBAA MANAGEMENT GUIDE, 2024-01 232 AIRCRAFT MAINTENANCE OPERATIONS 3.2 Maintenance Tools 3.2.1 MAINTENANCE TECHNICIAN TOOLS Aircraft maintenance technicians should possess adequate tools to perform normal maintenance tasks. These tasks include the removal and replacement of standard aircraft fasteners such as screws, bolts, nuts and pins. Tools should be of a quality appropriate for the maintenance of aircraft and the prevention of personal injury and equipment damage. The department may give consideration to a tool reimbursement program that will help to defray the high cost of tool purchases. This program could be developed in such a manner as to promote the purchase of high-quality tools that can improve the efficiency and quality of work.Shop Tools and Support Equipment. Performing proper maintenance and ground support requires a flight department to invest in certain equipment. This equipment, along with staffing and facilities, will determine the overall capabilities of the maintenance function. The equipment should be of a quality and quantity that will provide safe operations and ease of application. Analysis conducted with the input of fellow operators and manufacturer field service representatives can help ensure that the selection of equipment is made wisely. As a minimum, the department should invest in equipment that meets specifications to provide workplace safety and prevent longterm injuries or discomfort. Some equipment, such as precision torque wrenches and electrical measuring meters, is required to complete specific work tasks. Other equipment used to facilitate fault isolation is additional and enhances capabilities to expedite the aircraft’s return to service. Examples of basic servicing equipment include jacking equipment, hydraulic service stands and compressed gases. Safety for both the maintenance personnel and the aircraft should factor heavily in the selection of such equipment. It is required that all tools used to measure or test aircraft components or functions be properly calibrated. 3.2.2 CALIBRATION OF PRECISION TOOLS A calibrated tools program should be used to track and record the calibration and disposition of all tools used for these purposes. The maintenance management function is responsible for ensuring the calibration of all precision tools, both company and employee-owned, including meters, gauges and torque wrenches, in accordance with the applicable specifications. All precision tools covered by this section will be calibrated every 12 calendar months unless otherwise noted. All precision tools will be controlled by serial number or another number assigned to the tool for traceability and tracking. The company performing the tool calibration will affix a sticker to each item calibrated identifying the date of calibration. If the sticker becomes lost or illegible and the tool is not yet due for recalibration, the director of maintenance may affix a new sticker using the information from his or her records. The maintenance department may maintain a tool calibration log identifying the tools or equipment requiring calibration, the date of last calibration, the company performing the last calibration, the method of calibration and proof that the equipment used for calibration is traceable to the National Bureau of Standards. Tool calibration information will be retained until the tool is re-calibrated or no longer used by the company. A computer program may be used to control tool calibration intervals. The program will be checked once each month to arrange a list of tools that will need calibration that month. Any calibrated tool that has been dropped or damaged will be re-calibrated prior to further use. 3.2.3 TOOL CONTROL SYSTEMS [NEW SECTION – RESERVED] NBAA MANAGEMENT GUIDE, 2024-01 233 AIRCRAFT MAINTENANCE OPERATIONS 3.3 Maintenance Technician Training Training is an essential element of the maintenance function within a corporate flight department. Maintenance costs in any flight department can represent one of the most extensive and difficult expenses to predict and budget for, due to unforeseen failures or malfunctions. With even one inadvertent misdiagnosis of a malfunction, the resulting improper corrective action can unnecessarily compound these costs. More importantly, the secondary economic impact of a canceled flight, in terms of missed corporate opportunity and diminished aviation department credibility, can eclipse the immediately measurable costs. In order for maintenance personnel to be fully effective in supporting the mission of the company, they should be both technically proficient and knowledgeable of the company business. Development of a strong training program for maintenance personnel is one of the most effective means by which an aviation department can promote efficiency and cost-effectiveness in its operations, while maintaining the expected high levels of safety. Initial, recurrent and other professional training should be structured to support the following: Safe and efficient aircraft operations Dispatch reliability/maintainability Troubleshooting/diagnostic accuracy and cost-effectiveness Operational control, planning and accounting Personnel management, leadership and teamwork Communications skills Each operator should provide a training program for its maintenance personnel to ensure that the technician is familiar with and competent in the assigned duties of the position. The training program should consist of initial and recurrent courses in each type of aircraft operated and maintained by the company. The type-specific courses should focus on aircraft and systems familiarization, including diagnostic testing and line-troubleshooting techniques designed to promote efficient and cost-effective operations. This will enable the aviation department to salvage flights that might otherwise be canceled due to a malfunction. Some existing training programs do not emphasize the line diagnostic and maintenance skills necessary for ensuring dispatch reliability and cost control. Aviation department managers should aggressively seek out training programs that support these critical functions. Training facilities, simulators, aids and materials should provide an appropriate learning environment that meets the trainee’s requirements. Training should not be treated as a one-time event in which all knowledge is expected to be imparted over a period of days or weeks. Rather, training should be structured to support the ongoing daily operations of the aviation department, incorporating reference resources, product support/troubleshooting information and training refresher materials. Examples of such references include online technical support systems, diagnostic aids, self-directed study materials and interactive training aids. Further, NBAA recommends that aircraft-specific recurrent training be conducted annually at a reputable training facility. In addition to training for technical competency, aviation department managers should work to foster a team environment in which all personnel understand their role in the organization and their impact on the economic and operational efficiency of the department. Maintenance personnel training should include personnel management, leadership, teamwork and communication skills. The aviation department’s budgetary process should be participatory in nature to ensure that all personnel recognize and accept their role in meeting the economic objectives and constraints of the department. To support this, maintenance personnel should receive training designed to develop budgetary planning and control skills. NBAA MANAGEMENT GUIDE, 2024-01 234 AIRCRAFT MAINTENANCE OPERATIONS To maximize utilization of all the department’s resources, consideration should be given to providing training for shop equipment not specifically dedicated to a particular aircraft. This training may be gained on site or through vocational/ technical learning centers. Additionally, because of the nature of corporate flight activity, all tools within a shop may not receive daily use, so in order for a technician to remain proficient while continually developing a relevant set of skills, it may be beneficial to provide a program that encourages a limited number of personal shop projects. Approval should be given by both the maintenance management and department manager and must fall within established company guidelines. The handling of hazardous materials that the maintenance technicians come in contact with during the performance of their duties raises many concerns. The development of a hazmat training program should be considered to protect both the employee and the organization. Guidance in this area can be found through the Research and Special Programs Office of Hazardous Materials Safety at http://hazmat.dot.gov. 3.4 Maintenance Technician Work Performance Criteria A technician’s performance of assigned duties may be viewed from two perspectives: First, from that of the FAA, and second, from that of the company employing the individual. FAR 43, Subpart 43.13 provides the technician with guidelines to follow when performing maintenance on aircraft. It should be mentioned that these guidelines, summarized below, are considered the minimum requirements. A person is required to follow methods, techniques and practices set forth by the aircraft or component manufacturer. These instructions or techniques should be acceptable to the administrator. The individual carrying out these practices should use the proper manufacturer’s maintenance manuals or other instructions for continued airworthiness, tools and equipment as spelled out in the procedures, or the equivalent as acceptable to the administrator. Each individual maintaining, altering or performing maintenance will do it in such a manner that the condition of the engine, aircraft or component thereof will be at the very minimum equal to the original or properly altered condition. Special provisions exist for individuals who operate under air carrier FAR 121, 125, 129 and 135. One of the requirements when operating under these rules is that when holding an air carrier certificate you must provide a program of continued airworthiness acceptable to the administrator. A technician working in business aviation must be a multi-skilled individual. The development and measure of a maintenance person rely heavily on both interpersonal skills and technical proficiency. These two must work hand in hand in order for the individual to be effective and productive. Criteria that may be helpful in measuring the performance of not only technicians but also aviation department employees as a whole include: WRITING SKILLS Writes clearly and informatively Edits work for spelling and grammar Varies style to meet the needs of the audience TEAM PARTICIPATION Balances team and individual responsibilities Exhibits objectivity and openness to other views Gives and welcomes feedback Contributes to building a positive team spirit NBAA MANAGEMENT GUIDE, 2024-01 235 AIRCRAFT MAINTENANCE OPERATIONS QUANTITY Completes work in a timely manner Achieves established goals QUALITY Demonstrates accuracy and thoroughness Displays a commitment to excellence Looks for ways to improve and promote quality Applies feedback to improve performance Monitors own work to ensure quality PROBLEM-SOLVING Identifies problems in a timely manner Gathers and analyzes information skillfully Develops alternative solutions Resolves problems in early stages Works well in group-problem-solving situations NBAA MANAGEMENT GUIDE, 2024-01 236 AIRCRAFT MAINTENANCE OPERATIONS Date Prepared Model Current Time Landings Serial Number Aircraft Calendar Year #1 Engine Budgeted Flight Hours #2 Engine Budgeted Aircraft Landings #3 Engine 3.4.0.5.1 Figure 3.1: Sample Maintenance Budget Form 3.4.0.5.2 3.4.0.5.3 (continued) Scheduled Maintenance January February March April May June July August SeptemberOctober NovemberDecemberYear Coordinator Salary 6000 6000 6000 6000 6000 6000 6000 6000 6000 6000 6000 6000 $72,000 Inspections, Airframe Flat Rate $0 Discrepancies $0 Publications/Subscriptions $10,500 Computer Tracking Program Engine Payment Program (MSP) $10,416 $10,416 $10,416 $10,416 $10,416 $10,416 $10,416 $10,416 $10,416 $10,416 $10,416 $124,922 Hourly Rate ($125 per engine) Engine Reserves n/a $0 Airframe Payment Program $14,583 $14,583 $14,583 $14,583 $14,583 $14,583 $14,583 $14,583 $14,583 $14,583 $14,583 $14,583 $174,996 Hourly rates ($350) Landing Gear Overhaul $0 Engine Overhaul/H.S.I. $600,000 $0 Thrust Reverser Overhaul $600,000 APU Overhaul or MSP $15,000 $0 Corrosion Inspections $15,000 Service Bulletins $0 Airworthiness Directives $0 Subtotal $24,999 $44,499 $633,499 $24,999 $30,999 $24,999 $24,999 $24,9990 $24,999 $24,999 $24,999 $24,999 $997,488 Unscheduled Maintenance January Feburary March April May June July August SeptemberOctober NovemberDecemberYear Brakes $50,000 $50,000.00 $100,000 Tires and wheels $0 Flight Discrepancies $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $96,000 Subtotal $8,000 $8,000 $8,000 $58,000 $8,000 $8,000 $58,000 $8,000 $8,000 $8,000 $8,000 $8,000 $196,000 Mods and Upgrades Spares $0 Paint $80,000 Interior $45,000 $45,000 Entertainment Systems $0 Avionics $0 Others $0 Subtotal $0 $0 $0 $125,000 $0 $0 $0 $0 $0 $0 $0 $0 $45,000 Total $32,999 $52,499 $641,499 $207,999 $38,999 $32,999 $82,999 $32,999 $32,999 $32,999 $32,999 $32,999 $1,238,488 Estimated Down Time (in Days) 2 8 25 3 3 $1,238,488 NBAA MANAGEMENT GUIDE, 2024-01 237 AIRCRAFT MAINTENANCE OPERATIONS 3.4.0.5.4 Figure 3.2: Relative Monthly Expenses 3.4.0.5.5 Figure 3.3: Projected Monthly Downtime NBAA MANAGEMENT GUIDE, 2024-01 238 AIRCRAFT MAINTENANCE OPERATIONS 3.5 Maintenance Technician Work Performance Criteria A technician’s performance of assigned duties may be viewed from two perspectives: First, from that of the FAA, and second, from that of the company employing the individual. FAR 43, Subpart 43.13 provides the technician with guidelines to follow when performing maintenance on aircraft. It should be mentioned that these guidelines, summarized below, are considered the minimum requirements. A person is required to follow methods, techniques and practices set forth by the aircraft or component manufacturer. These instructions or techniques should be acceptable to the administrator. The individual carrying out these practices should use the proper manufacturer’s maintenance manuals or other instructions for continued airworthiness, tools and equipment as spelled out in the procedures, or the equivalent as acceptable to the administrator. Each individual maintaining, altering or performing maintenance will do it in such a manner that the condition of the engine, aircraft or component thereof will be at the very minimum equal to the original or properly altered condition. Special provisions exist for individuals who operate under air carrier FAR 121, 125, 129 and 135. One of the requirements when operating under these rules is that when holding an air carrier certificate you must provide a program of continued airworthiness acceptable to the administrator. A technician working in business aviation must be a multi-skilled individual. The development and measure of a maintenance person rely heavily on both interpersonal skills and technical proficiency. These two must work hand in hand in order for the individual to be effective and productive. Criteria that may be helpful in measuring the performance of not only technicians but also aviation department employees as a whole include: WRITING SKILLS Writes clearly and informatively Edits work for spelling and grammar Varies style to meet the needs of the audience TEAM PARTICIPATION Balances team and individual responsibilities Exhibits objectivity and openness to other views Gives and welcomes feedback Contributes to building a positive team spirit QUANTITY Completes work in a timely manner Achieves established goals QUALITY Demonstrates accuracy and thoroughness Displays a commitment to excellence Looks for ways to improve and promote quality Applies feedback to improve performance Monitors own work to ensure quality PROBLEM-SOLVING Identifies problems in a timely manner Gathers and analyzes information skillfully Develops alternative solutions Resolves problems in early stages Works well in group-problem-solving situations NBAA MANAGEMENT GUIDE, 2024-01 239 AIRCRAFT MAINTENANCE OPERATIONS PLANNING AND ORGANIZATION Uses time efficiently Prioritizes and plans work activities PLANS FOR ADDITIONAL RESOURCES Integrate changes smoothly Sets goals and objectives ORGANIZATION SUPPORT Follows policies and procedures Completes administrative tasks correctly and on time Supports the organization goals and values Benefits the organization through outside activities ORAL COMMUNICATION Participates in meetings Demonstrates group presentation skills Responds well to questions Listens and obtains clarification Speaks clearly and persuasively JUDGMENT Displays a willingness to make decisions Exhibits sound and accurate judgment Includes the appropriate people in the decision-making process JOB KNOWLEDGE Competent in the required job skills and knowledge Exhibits ability to learn and apply new skills Keeps abreast of current industry developments Requires minimal supervision Displays an understanding of how the individual’s job relates to others’ jobs INITIATIVE Volunteers readily Undertakes self-development activities DEPENDABILITY Responds to requests for service and assistance Follows instructions and responds to management direction Takes responsibility for own actions Commits to doing the best job possible Meets attendance and punctuality guidelines Customer service Displays courtesy and sensitivity Meets commitments Responds to customer needs Manages difficult or emotional customer situations NBAA MANAGEMENT GUIDE, 2024-01 240 AIRCRAFT MAINTENANCE OPERATIONS COOPERATION Establishes and maintains effective relations Displays positive outlook and pleasant manner Offers assistance and support to co-workers Works actively to resolve conflicts Works cooperatively in group situations COMMUNICATIONS Expresses ideas and thoughts verbally Expresses ideas and thoughts in written form Exhibits good listening and comprehension Selects and uses the appropriate communication methods ANALYTICAL SKILLS Synthesizes complex and diverse information Collects and utilizes data Uses intuition and experience to compliment data Identifies data relationships and dependencies 3.6 Elements of Aircraft Maintenance Activity This section discusses preflight and post-flight inspections and identifies various maintenance inspection options defined by regulations. 3.6.1 PREFLIGHT INSPECTIONS When operating an aircraft under FAR Part 91, it is the responsibility of the pilot in command to determine the airworthiness of the aircraft before flight. FAR Part 135 and 121 also have specific regulations regarding preflight inspections and personnel performing the inspections. Preflight inspection requirements and details must be obtained from the manufacturer of the aircraft for the specific type and model being operated. This information may be found in the Approved Flight Manual, Pilot’s Operating Handbook or the Maintenance Manual. Additional inspection requirements (i.e., instructions for continued airworthiness) contained in a Supplemental Type Certificate alteration should be included in a preflight inspection checklist. Required “inspection items” must be completed as directed during the preflight inspection. It is prudent to have a formalized preflight checklist that is completed before the first flight of each day and signed by that individual performing the inspection. Due to maintenance requirements, the configuration of system controls and switches may differ from the flight configuration. Following any aircraft maintenance, the flight crew should debrief with the maintenance personnel to understand the full scope of the maintenance performed. The flight crew should perform a particularly detailed preflight verifying all switch positions and flightdeck control configurations. Additionally, the personnel performing the preflight inspection should ensure sufficient breathing oxygen is stored onboard and available for crew member and passenger use should it become necessary in flight. NBAA MANAGEMENT GUIDE, 2024-01 241 AIRCRAFT MAINTENANCE OPERATIONS 3.6.2 POST-FLIGHT INSPECTIONS In the post-flight inspection, the condition of the aircraft and its servicing requirements are evaluated. It is performed before the subsequent scheduled flight and serves as an opportunity to ensure dispatch for the next scheduled flight. A detailed inspection of the aircraft should be performed on the last flight of each day. The manufacturer’s inspection criteria and servicing specifications are to be addressed during the post-flight. Due to regulatory preventative maintenance limitations on flight crew, aircraft maintenance technicians should carry out post-flight inspections. A formalized checklist should be used that covers all required items along with a review and disposition of all maintenance discrepancies. Cleaning of the aircraft cabin, windows and exterior should also take place at this time. If the aircraft is away from home base, the flight crew must ensure airworthiness by having manufacturer-recommended servicing and inspection items complied with in conjunction with applicable FARs. 3.6.3 INSPECTION PROGRAMS FAR Part 91 requires that an aircraft operated under this part have an established inspection program approved by the administrator (i.e., a manufacturer’s program, an air carrier program, or a self-developed program that has been approved by the administrator). The selected program must be identified in the aircraft logs and notification made to the local FAA office of jurisdiction, Flight Standards District Office or equivalent. Inspection programs have three basic types of schedules: annual, progressive and continuous. ANNUAL INSPECTION SCHEDULE In an annual inspection schedule, inspection of the complete aircraft must be made once every 12 calendar months. This inspection is performed in accordance with a specific checklist of inspection items, and the aircraft condition and airworthiness is determined and recorded in the aircraft log. An annual inspection program is performed by a certified technician with an Inspection Authorization and must comply with Appendix D of FAR Part 43 or the appropriate guidelines established by the manufacturer of the aircraft. This type of inspection is designed for smaller aircraft. The aircraft manufacturer of small aircraft typically will identify this as their approved program. The annual inspection schedule is one event from start to finish and cannot be interrupted for return to service until completed. An annual inspection requires the aircraft to be in maintenance for much longer than an aircraft under the progressive or continuous programs. PROGRESSIVE INSPECTION SCHEDULE In a progressive inspection schedule, inspection of the entire aircraft must be made once every 12 calendar months. However, the inspection is divided into several events during the 12-month period. This inspection is performed in accordance with a specific checklist of inspection items, and the aircraft condition and airworthiness is determined for those items inspected at that time. The completion of inspection items is recorded in the aircraft log. FAR Section 91.409 (d) outlines what is needed to set up a progressive inspection program. In order to comply, the registered owner must submit a written request to the FAA FSDO having jurisdiction over the area in which the applicant is located. Further, the owner must provide a certified technician holding an Inspection Authorization, a certified repair station, or the manufacturer of the aircraft to perform the inspection. Included in paragraph (d) are other requirements necessary to meet progressive inspection criteria. NBAA MANAGEMENT GUIDE, 2024-01 242 AIRCRAFT MAINTENANCE OPERATIONS CONTINUOUS INSPECTION SCHEDULE In a continuous inspection schedule, inspection of the entire aircraft takes place over the design life of the aircraft as identified to the FAA during certification. Specific items are inspected or maintained based on hours of utilization, calendar, number of landings or cycles. Many variations in the combination of criteria are found for larger corporate type aircraft. FAR 91.409 (e) and (f) provide the basis for establishing a continuous inspection program for large airplanes, turbojet multiengine airplanes, turboprop multiengine airplanes and turbine powered rotor-craft. Note that options 3 and 4 of paragraph (f) are most relevant to the corporate operator. Under this program, it is not necessary for a certified technician to hold an Inspection Authorization for compliance. Continuous inspection schedules are designed to ensure safe, adequate and timely maintenance that meets both FAA and the aircraft manufacturer’s specifications. Under this schedule, the inspection and servicing are made in scheduled and incremental stages so that the aircraft is continuously inspected and constant airworthiness is maintained. 3.6.4 SELECTING AN INSPECTION SCHEDULE It is most common to select an inspection program and schedule that have been developed and approved during aircraft certification by the manufacturer. Selecting the manufacturer program will ensure compliance for FAA, aircraft insurance issues and warranty issues. Maintenance management should evaluate all the programs and schedules, choosing the best for the company’s operation. Deviations from the program or the schedule are possible but must be approved by the administrator in all cases. Before any final decisions are made it is very important that all applicable FAR s are read and clearly understood. If necessary, this should include consultation with the local FSDO to ensure that all regulations are being followed. NBAA has obtained an exemption from FAR 91.409 for its members that allow those who operate small aircraft or helicopters to use one of the inspection programs specified in FAR Section 91.409 (e), providing an approved program is available. The person tasked with the selection and tracking of the maintenance and inspection program should be aware of the difference in philosophies associated with development of these programs, such as MSG 2 versus MSG 3, as well as the fact that certain aircraft can be operated under either program. This person also should be aware of the benefits and risks associated with Engine “On Condition” programs that are available. 3.6.5 ADDITIONAL INSPECTION REQUIREMENTS Aircraft Manufacturer Inspection Programs do not encompass all regulatory items that may affect the airworthiness of the aircraft. Each national aviation regulatory authority may have specific regulations that must be reviewed and added to the inspection program as needed to ensure compliance. The FAR Part 39 Airworthiness Directive is one such area for FAA-registered aircraft. AIRWORTHINESS DIRECTIVES Airworthiness Directives (ADs) are FAA regulations that require inspection and/or modification to an aircraft after it has been certified. Their intent is to ensure safe aircraft operation by identifying areas in an aircraft that need to be inspected or modified and/or have become unsafe during experience with the product. A continuous review of all AD notes must be made at each inspection event. FLIGHT OPERATIONS INSPECTIONS There are specific inspections for types of equipment installed based on the airspace environment in which the aircraft will be operated (i.e., RVSM , IFR , RNP10, etc.). A complete review of the applicable FAR must be made to identify these additional requirements. NBAA MANAGEMENT GUIDE, 2024-01 243 AIRCRAFT MAINTENANCE OPERATIONS TYPE CERTIFICATE DATA SHEET AND LIFE LIMITED COMPONENTS Although not considered inspection items, some components have very specific “life limits,” at which time they must be discarded. These items are a result of engineering system safety analysis during certification. They typically are identified on the aircraft TC or in the ATA Chapter 5 “Time and Life Limit” or “Airworthiness Limitations” sections of maintenance manuals. These must be managed in conjunction with the inspection program and schedule. INSPECTION ITEMS AS A RESULT OF AIRCRAFT MODIFICATION A review of all Supplemental Type Certificates and Form 337s that pertain to the aircraft must be completed to identify additional inspection items necessary for continued airworthiness. When an airframe, powerplant or appliance is modified or repaired it must be evaluated for continuous airworthiness. This evaluation may result in a requirement to inspect or service an area at a specific interval to continue airworthiness. OTHER REGULATORY AGENCY INSPECTION Consideration must be given to other governing agencies and their requirements, such as the Department of Transportation and its jurisdiction over pressure cylinders (i.e., oxygen bottles and fire bottles). Any identified requirements must be added to the inspection program to ensure compliance and safe operation. 3.6.6 MANAGEMENT OF THE INSPECTION PROGRAM AND SCHEDULE The management of the inspection items and status of aircraft airworthiness must be designated to a specific individual or managing agency. The ability to determine an aircraft’s airworthiness is critical to the safe operation of the aircraft. Both independent vendors and the original equipment manufacturer (OEM) have developed computerized programs that can be very effective tools for the management of inspections. Regardless of the methodology selected, a consistent method should be employed. 3.6.7 ENGINE/COMPONENT INSPECTIONS AND OVERHAUL An aircraft may have components and engines installed that require their own specific maintenance schedule or inspection as defined by their manufacturer. These components and engines may not be clearly identified in the aircraft manufacturer’s maintenance and inspection manuals, and these items may even have optional programs for the operator to select. The typical option is for either an “on-condition” or “hard time” program. “On-condition” indicates a methodology that might require more frequent inspection or servicing for the evaluation of the current condition against set standards or until failure is predicted or occurs. “Hard time” indicates a methodology that allows the component to operate to a set utilization point (whether hours, landings or cycles) with less maintenance/servicing until the component is removed for overhaul or replaced. The owner/operator must evaluate the cost of fixed over-haul against the unpredictability of component replacement and the impact of each upon the organization. NBAA MANAGEMENT GUIDE, 2024-01 244 AIRCRAFT MAINTENANCE OPERATIONS 3.6.8 SCHEDULED MAINTENANCE Scheduled maintenance of the aircraft may consist of the following actions: Performing the required inspections items Servicing systems Correcting discrepancies Modifying the aircraft per Service Bulletins, STCs, etc. Painting and providing cosmetic repairs This type of maintenance is planned with respect to the amount of time available, the tools/equipment needed, technical personnel and cost. A complete evaluation of the scope of the work should be completed to select the appropriately rated and capable agency/facility to perform the work commensurate with the expectations of your organization. If an outside agency/facility is selected, an audit should be completed before taking the aircraft there for maintenance. 3.6.9 UNSCHEDULED MAINTENANCE Unscheduled maintenance is that which occurs randomly from aircraft utilization and the effects of the operating environment. It typically results from causes such as system failures, accelerated wear, lightning strikes, hailstorms, hard landings and wind shear. An appropriately rated technician using definitions, guidelines and criteria from the manufacturer, the FAA or the designated airworthiness engineer typically determines corrective action and airworthiness. Maintenance management must have oversight of all unscheduled maintenance to ensure the appropriate level of corrective action. The use of a maintenance authorization form, such as the one that appears in Figure 3.4 is a good way to avoid using unauthorized individuals or agencies during a nonscheduled maintenance event while away from home base. This form will guide the maintenance manager and provide a standard to follow during what is normally a high-pressure event. The form guides the individual to obtain all the proper documentation and authorizations. The maintenance authorization form should be tailored for each individual operation. 3.6.10 PERFORMANCE OF AIRCRAFT MAINTENANCE AND INSPECTIONS The performance of all maintenance and inspections must be completed by those appropriately rated and trained to do so under the presiding regulatory authority or rules. United States-registered aircraft may have maintenance and inspections performed by appropriately trained and certified Airframe and Powerplant technicians, FAR-approved and appropriately rated Part 145 repair stations, and FAA-approved and appropriately rated foreign JAR 145 Repair Stations. 3.6.11 AIRDATA / RADIO / RADAR ELECTRONIC EQUIPMENT MAINTENANCE AND INSPECTION The majority of Airframe and Powerplant maintenance technicians are not certified to perform or supervise maintenance and inspection of radar, radio equipment, autopilots and similar avionics. Unless a competent electronics technician is employed full time, companies should arrange to have this type of equipment maintained and inspected by a repair station with the appropriate ratings under FAR Part 145. If a company has its own avionics repair capabilities with properly trained technicians, it would be a certified repair station with all applicable ratings for the equipment designated. NBAA MANAGEMENT GUIDE, 2024-01 245 AIRCRAFT MAINTENANCE OPERATIONS 3.6.11.0.1 Figure 3.4: Sample Contract Maintenance Authorization Form 3.6.11.0.2 Date ______________________ Registration number_________________________________________ Aircraft manufacturer__________________________________________ Aircraft model______________________________________________ Aircraft serial Number_________________________ Nature of the maintenance to be performed___________________________________________________________________ Is this aircraft currently listed under Part 135 operations specifications? Yes / No (circle one) If not, the rest of this section is not applicable. Make copy of the drug and alcohol program that covers the person performing maintenance, if applicable___________________________________________________________________________________________ Does the maintenance require RII authorization? Yes / No (circle one) If yes, complete and check the following forms, if they are not currently on file: RII authorization____________________________________________ RII list ______________________________________ Make sure the person signing has authorization and is on the list _________________________________________________ Does the maintenance require airworthiness release? Yes / No (circle one) Airworthiness release authorization_______________________________ Airworthiness release list______________________ Make sure the person signing has authorization and is on the list__________________________________________________ _____________________________________________________________________________________________________ For Repair Stations Get a copy of the Repair Station Certificate___________________________________________________________________________________ Make sure the Repair Station has the proper authorizations to perform the maintenance needed for this event_________________________________________________________________________________________________ __________________________________ For Individuals Performing Maintenance Name______________________________________________________________________________________ What type of training does the individual posses for this task?____________________________________________________ _____________________________________________________________________________________________________ Does the individual possess the proper tools to perform the task?_________________________________________________ _____________________________________________________________________________________________________ Does the individual possess the current manuals required?______________________________________________________ _____________________________________________________________________________________________________ Get copy of A&P license__________________________________________________________________________________ If yes, instruct the person receiving the part on how to perform an Incoming Parts Inspection. Make copies of all parts tags, including incoming parts inspection tags_____________________________________________ Make copies of individual’s training certificates or authorizations__________________________________________________ Forward copies of all forms to the chief inspector______________________________________________________________ Name of Person Authorizing Maintenance_________________________________________________________________ NBAA MANAGEMENT GUIDE, 2024-01 246 AIRCRAFT MAINTENANCE OPERATIONS 3.6.12 OPERATIONAL CHECK FLIGHTS Both FAR Section 91.407 and good operating practice require that an aircraft be flown before carrying passengers if it has been repaired or altered in a manner that may have changed its flight characteristics or substantially affected its operation in flight. If the check flight is a requirement of returning the aircraft to service, then the pilot conducting the check flight must sign the aircraft record indicating that the flight was accomplished. It is important, before performing a check flight, that a written Flight Check Profile be developed and discussed with the crew flying the aircraft. This will help ensure that the crew is prepared for any procedures that will need to be performed during the flight and avoid any confusion. It is a good safety practice to conduct these flights during daylight VFR conditions only. If a ground test can show conclusively that the repair or alteration has not changed the flight characteristics or substantially affected the flight operation of the aircraft, then an operational check flight is not required. 3.6.13 SCHEDULING INSPECTIONS, MAINTENANCE AND TIME-LIMITED COMPONENTS Crucial to any flight department’s success is a highly consistent and reliable dispatch rate. When an operator fails in this regard, the value of service provided erodes to a questionable level. Scheduling maintenance can have a real-time effect on how well a consistent and reliable dispatch rate is achieved. Maintenance activity should be planned to coincide as smoothly as possible with the flight schedule; coordination with flight operations is a must. The forecasted demand for both flight and maintenance needs to be clearly communicated across department functions so that all needs are understood and can be planned for whenever possible. This is an ongoing assignment that remains constant over the life of the department. 3.6.14 WORK INTERRUPTION PROCEDURES Implementation of Work Interruption Procedures are very helpful for technicians to follow any time they leave the area of a job that is not complete. These procedures could be as simple as recording the incomplete item in the Flight Log to preclude a pilot from taking the aircraft with incomplete work in progress. These procedures should be tailored to the individual operation to ensure that they are effective. 3.6.15 PARTS REMOVAL FORM A Parts Removal Form is a very effective tool, especially during an inspection, to verify that all the components removed during the inspection have been reinstalled in the correct position. Entry columns in the Parts Removal Book will generally include: Component Description, Part Number Off, Serial Number Off, Reason for Removal, Part Number On, Serial Number On, and the initials of the installer. 3.7 Quality Assurance The purpose of a quality assurance program is to verify on a continuing basis that the maintenance policies and procedures in use are current and effective, and that the aircraft is consistently returned to service in an airworthy condition. The quality assurance program specifically focuses on maintenance procedures, but it also should coordinate with the organization’s safety management system (SMS). 3.7.1 REQUIREMENTS A specific quality assurance program is not required of Part 91 operators, but it should be considered an industry standard or best practice. Specific requirements for the quality assurance program for Part 135 and Part 121 operators can be found in FAR 135.431 and FAR 121.373, which both refer to a continuing analysis and surveillance system (CASS), described further in a later section of this guide. See also FAA Advisory Circular 120-79A, Developing and Implementing a Continuing Analysis and Surveillance System. NBAA MANAGEMENT GUIDE, 2024-01 247 AIRCRAFT MAINTENANCE OPERATIONS On an international basis, the fundamental requirement for a quality assurance program is derived from ICAO Annex 6: 8.7.3.2, which states: “The maintenance organization shall ensure compliance with 8.7.3.1 by either establishing an independent quality assurance system to monitor compliance with and adequacy of the procedures, or by providing a system of inspection to ensure that all maintenance is properly performed.” Individual countries develop their own specific regulations to ensure compliance with this rule. 3.7.2 OVERVIEW The ICAO definition provides two options in developing a quality assurance program: A system of 100-percent inspection of all work performed–typically found in smaller organizations where an inspector or another technician inspects the work of the technician performing the task and signs the task card as the inspector. For larger organizations, an internal audit system that continuously reviews the policies and procedures in place to ensure their effectiveness is most commonly used. (This method is also known as the CASS .) From a safety perspective, having both elements in place would provide the greatest margin of safety for maintenance operations. Regardless of the method selected, a clearly documented procedure for quality assurance is essential for consistent results. 3.7.3 100-PERCENT INSPECTIONS In the U.S., duplicate inspections are required for items identified as required inspection items (RII) by the aircraft manufacturer. These typically include replacement of engines and controls, flight controls, key hydraulic system elements and other items that could seriously impact the safety of flight. Individual organizations also can add items to the list of duplicate inspection items based on their own service history. Most manufacturers provide task forms with a space for an inspector’s signature for scheduled maintenance tasks. While only required if specified in the approved inspection program, it is certainly a best practice that should be considered in the development of maintenance procedures. One key to an effective duplicate inspection program begins with the organizational structure. Typically, a chief inspector reports to the maintenance manager on an equal level with the chief mechanic or whatever job title is responsible for production and scheduling of tasks. This structure is adopted to ensure that pressures to return the aircraft to service do not compromise the integrity of the work performed. The other key to a successful 100 percent duplicate inspection process is the return-to-service procedures. These procedures should be documented and ensure that all forms used for scheduled and unscheduled maintenance have areas for the duplicate inspection signature. Furthermore, the process should ensure that all work performed by the various disciplines (avionics, interior, NDT, airframe, etc.) contains the inspector’s release for that area and that one signature releases the entire aircraft for service. 3.7.4 CASS OVERVIEW The Continuous Analysis and Surveillance System (CASS) is essentially an internal auditing program for the maintenance department. These internal reviews usually divide all maintenance activities into various sections and are conducted on a scheduled basis. Generally, monthly inspections are conducted so that the entire organization is reviewed on an annual basis, much like the continuous inspection program for the aircraft. The first critical success factor is the selection of the auditor(s). The internal audits may be conducted by an individual or by teams. In either case, it is essential that the person(s) conducting the reviews be well versed in both company procedures and regulatory requirements. It also is helpful to have training in auditing techniques. Many organizations have included auditor training into their training programs. NBAA MANAGEMENT GUIDE, 2024-01 248 AIRCRAFT MAINTENANCE OPERATIONS As with the 100-percent inspections, the organizational structure of CASS is another critical success factor. The person selected as the internal auditor needs to report directly to the maintenance manager for all matters relating to the internal audits to ensure that the proper resources are made available for the appropriate corrective actions. Furthermore, the internal auditor should work with the safety manager, if in place, to ensure continuity with the safety management system. 3.7.5 CASS AUDIT PROGRAM As mentioned above, the internal audit program first needs to be well documented. The specific checklists used will evolve continuously as regulations and conditions change, but the frequency and procedures will remain relatively constant. The specific areas to be reviewed will vary considerably from one organization to another based on the nature of tasks performed, but listed below is a brief outline of areas typically reviewed: 3.7.5.0.1 Maintenance Authorization Verify that the work performed is within the scope of approvals, typically the maintenance manual and inspection program. Also, verify that any work subcontracted is performed by organizations with appropriate certifications (auditing of vendors). 3.7.5.0.2 Maintenance Control Verify that inspections are performed per the approved inspection program; life-limited parts are maintained per Chapter 5; all airworthiness directives and mandatory service bulletins are accomplished and other service information is properly reviewed; and all equipment is installed as alterations are maintained in accordance with instructions for continued airworthiness. Another area of maintenance control to be reviewed is that of scheduling, duty limits and other administrative polices for presence of procedures and consistency of application. 3.7.5.0.3 Quality Assurance Review the effectiveness of the internal audit program to ensure that procedures are used consistently; the procedures in place reflect current requirements; and non-conformities are promptly corrected. 3.7.5.0.4 Maintenance Records Ensure that appropriate entries are made and the aircraft is properly released; required supporting documentation is retained (and ideally the superseded documents are removed); listings are maintained per airworthiness directives and service bulletins; and all records are maintained and retained in accordance with company policies. 3.7.5.0.5 Training Review the training program to ensure that all elements are addressed (technical training, industrial safety, company maintenance procedures, specialized training such as NDT, welding, etc.); the training is accomplished according to the schedule in the training plan; and appropriate records are maintained. 3.7.5.0.6 Publications Verify that the appropriate publications are available for all tasks performed, and there is an effective process in place to ensure that only the most current technical and regulatory information is provided. 3.7.5.0.7 Equipment Verify that all tooling and equipment necessary to properly perform the maintenance tasks are available and in good working order; an effective tool calibration program that includes personal tools is in place; and effective controls are used and records maintained. NBAA MANAGEMENT GUIDE, 2024-01 249 AIRCRAFT MAINTENANCE OPERATIONS 3.7.5.0.8 Spares Verify that the procedures in place ensure that an incoming inspection is performed; appropriate documentation is retained at acceptance of the materials; the materials are properly stored; a shelf life program is in place; appropriate tagging procedures are used; and unserviceable materials are adequately quarantined. In addition, this review should be applied not only to components but also to all materials such as sheet metal, consumables, standard parts and so on; aircraft materials should be effectively isolated from non-aircraft materials. Finally, there should be a process in place to qualify suppliers to ensure that only quality materials are procured. 3.7.5.0.9 Facility Ensure that adequate facilities and conditions such as lighting, heating, etc. are in place and consistent with human factors affecting performance. Also, review the issues relating to industrial safety, environmental protection, fire prevention and aircraft fueling. The above list is only intended as a starting point for developing an effective internal audit program. The primary resource will be the procedures found in the company maintenance procedures manual (sometimes referred to as the maintenance exposition). This document is the repository for company policies and procedures. The purpose of the internal audit program is to ensure that the procedures are current, complete and complied with. 3.7.6 CASS AUDIT RESULTS The final critical element of the CASS system is the disposition of the information obtained during the internal audits. A system needs to be in place to promptly correct any non-conformity discovered during the reviews as well as any items received from anonymous hazard-reporting mechanisms that may be in place. The first step is to develop a single list of the non-conformities. Just as with discrepancies found on the aircraft, it is critical to ensure that all items are properly corrected within the appropriate timeframe. The next step is the analysis of the items. Frequently, a safety team is developed to help review the non-conformities and suggest or approve the corrective actions. Regardless of whether a team is used, it is important to have a review mechanism in place. Use of risk analysis or job hazard analysis tools is common for larger organizations, but less formal processes also can be effective. Frequently, a hierarchy of corrective actions is developed. For a given hazard (a hole in the ground), the first choice would be engineering a permanent solution (fill the hole). The second preference would be to install adequate safeguards (put a rope around the hole), while the third choice might be training of employees (telling everyone to avoid the hole). Once an appropriate corrective action has been determined and implemented, a follow-up should be conducted to verify that the non-conformity has been corrected. The final step is to communicate the results of the actions to the workgroup both to validate the effectiveness of the program and to encourage participation by all. NBAA MANAGEMENT GUIDE, 2024-01 250 AIRCRAFT MAINTENANCE OPERATIONS 3.8 Aircraft Maintenance Records Management The need to keep and manage aircraft records is necessary for three distinct purposes: FAA's regulations require that certain records be maintained. During an evaluation of the aircraft, records will validate the current status of the aircraft and reflect its current financial value. During maintenance, records will provide for more efficient troubleshooting and corrective action, thus reducing cost. 3.8.1 OVERVIEW OF THE FAA RECORDS REGULATION The FAA’s requirements for tracking the maintenance status of an aircraft and the associated recordkeeping responsibilities are described within FAR Sections 43.9, 43.11, 91.411, 91.413, 91.417, 91.419 and 91.421. Though these Parts overlap somewhat in regard to the basic information required for individuals performing the work, it is beneficial for each Part to be discussed individually to understand what is specifically needed of the corporate operator. 3.8.1.1 MAINTENANCE RECORDS (FAR PART 43.9) This section covers the content, form and disposition of maintenance, preventive maintenance, rebuilding and alteration records. Each person performing this type of work will make an entry in the maintenance record of the aircraft, airframe, engine, propeller, appliance, or component as applicable that contains the following information: A description of the work performed. The date of completion of the work performed. The name of the person performing the work if other than the person below. If the work was performed satisfactorily, the signature, certificate number and kind of certificate held by the person approving the work. This signature constitutes the approval for return to service only for the work performed. In addition to the entry required under this Part, major repairs and major alterations will be entered on Form 337 in the manner described in Appendix B of FAR Part 43. 3.8.1.2 INSPECTION RECORDS (FAR PART 43.11) This Part is designed to address the content, form and disposition of records for any inspection performed under Part 91. Included is the format for approval and disapproval for return to service of aircraft and/or other components making up the aircraft under progressive or other types of inspection programs. If as a result of discrepancies found during the inspection the aircraft is not returned to service, a list of discrepancies along with the inspection date is to be provided to the aircraft owner or operator. As with FAR 43.9, certain information about the person performing the work is required: The type of inspection and a brief description of the extent of the inspection. The date of the inspection and aircraft total time in service. The signature, certificate number and type of certificate held by the person approving or disapproving for return to service the aircraft, airframe, engine, propeller, appliance, component part or portions thereof. Approval verbiage for return of the aircraft to service for any inspection other than a progressive program. Disapproval verbiage for aircraft that do not meet needed maintenance criteria, or are not in compliance with applicable specifications, airworthiness directives or other approved data for any inspection other than a progressive program. Progressive inspection verbiage for approval/disapproval for return to service. Identification of the inspection program, the part of the program accomplished and a statement that the inspection was performed in accordance with the requirements and procedures of that particular program. FAR 43-11 has significant importance for the corporate operator. Its final paragraph provides the method for placarding inoperative items per FAR 91.213 that will allow continued operation under an approved MEL for the particular aircraft inspected. NBAA MANAGEMENT GUIDE, 2024-01 251 AIRCRAFT MAINTENANCE OPERATIONS 3.8.1.3 ALTIMETER SYSTEM/ALTITUDE REPORTING EQUIPMENT TEST AND INSPECTIONS (FAR PART 91.411) This part specifies altimeter system and altitude reporting equipment tests and inspections for those aircraft operating in controlled airspace under instrument flight rules. What are described are when and under what circumstances these tests and inspections must be performed and who may perform the work. Further reference and procedures for certification may be found in FAR Part 43 Appendices E and F. An aircraft record entry is required for this maintenance action. 3.8.1.4 ATC TRANSPONDER TESTS AND INSPECTIONS (FAR PART 91.413) This part provides the test and inspection guidelines for ATC transponder systems. As with 91.411, compliance procedures are outlined along with reference to FAR 43 Both 91.411 and 91.413 must have been performed within the last 24 months and often are performed concurrently. Reduced Vertical Separation Minima (RVSM) certification can vary in inspection frequency. 3.8.1.5 MAINTENANCE RECORDS (FAR 91.417) This regulation is divided into two parts covering (a) the type of maintenance necessary to be kept on file and (b) how long this documentation must be retained. Defined calendar inspection dates and procedures within FAR 91.411 and 91.413 allow them to be exceptions to this rule. Records to be kept fall into these categories: maintenance, preventive maintenance, and alteration and records of the annual, progressive and required or other approved inspections for each aircraft, airframe, engine, propeller, rotor and appliance. These records must include: A description (or reference to data acceptable to the administrator) of the work performed. The date of completion of the work performed. The signature and certificate number of the person approving the aircraft for return to service. Records contain the following information: The total time in service of the airframe, engine(s), propeller(s) and rotor(s). The current status of life-limited parts of each airframe, engine, propeller, rotor and appliance. The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time basis. The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. The current status of applicable Airworthiness Directives, including for each item the method of compliance, the AD number and the revision date. If the AD involves recurring action, include the time and date when the next action is required. Copies of the forms prescribed in FAR 43.9 (FAA Form 337) for each major alteration to the airframe and currently installed engine(s), rotor(s), propeller(s) and appliances. The owner or operator must retain the following records for the periods prescribed: The records specified in paragraph (a) (1) of this section shall be retained until the work is repeated or superseded by other work or for one year after the work is performed. The records specified in (a) (2) of this section shall be retained and transferred with the aircraft at the time it is sold. A list of defects furnished to a registered owner or operator under FAR 43.11 shall be retained until the defects are repaired and the aircraft is approved for return to service. The owner or operator must make all maintenance records required to be kept by this section available for inspection by the administrator or any authorized representative of the National Transportation Safety Board (NTSB). In addition, when a fuel tank is installed in the passenger or baggage compartment per Part 43, a copy of the FAA Form 337 must be kept onboard the modified aircraft by the owner or operator for inspection upon request of any law enforcement officer. NBAA MANAGEMENT GUIDE, 2024-01 252 AIRCRAFT MAINTENANCE OPERATIONS 3.8.1.6 TRANSFER OF MAINTENANCE RECORDS (FAR 91.419) Any owner or operator who sells a U.S.-registered aircraft must transfer to the purchaser at the time of sale the following records for that aircraft: The records specified in FAR 91.417(a) (2). The records specified in FAR 91.417 (a) (1) that are not included in (a) above except that the purchaser may permit the seller to keep physical custody of such records. However, custody of records by the seller does not relieve the purchaser of the responsibility under FAR 91.417(c) to make the records available for inspection by the administrator or any authorized representative of the NTSB. 3.8.1.7 REBUILT ENGINE MAINTENANCE RECORDS (FAR 91.421) The owner or operator may use a new maintenance record, without previous operating history, for an aircraft engine rebuilt by the manufacturer or an authorized agency approved by the manufacturer. Each manufacturer or agency that grants zero time to an engine rebuilt by it must enter-in-the-new record: A signed statement of the date the engine was rebuilt. Each change made as required by airworthiness directives. Each change made in compliance with manufacturer’s service bulletins, if the entry specifically is requested in that bulletin. For the purposes of this section, a rebuilt engine is a used engine that has been completely disassembled, inspected, repaired as necessary, reassembled, tested and approved in the same manner and to the same tolerances and limits as a new engine with either new or used parts. However, all parts used in it must conform to the production drawing tolerances and limits of new parts or be of approved over-sized or undersized dimensions for a new engine. Federal Aviation Regulations, including those outlined above, may be subject to various degrees of interpretation by both the owner or operator and the FAA. It is critical that these and any other applicable rules and regulations be read thoroughly and clearly understood. Questions regarding their implementation and use should be directed to your local FSDO. 3.8.1.8 ELECTRONIC SIGNATURES Usage of an electronic signature can streamline maintenance operations. The electronic signature’s purpose is identical to that of a handwritten signature, or any other form of signature currently accepted or approved by the FAA; therefore, electronic signatures must possess those qualities and attributes that guarantee a handwritten signature’s authenticity. Vendors have developed methods to utilize an electronic signature for aircraft maintenance records including: Maintenance Logbooks (Approval for Return to Service) Maintenance Records including Work Cards and Work Orders Airworthiness Release Required Inspection Item (RII) 3.8.1.8.1 Regulatory Guidance Guidance and standards are provided in FAA AC 120-78A and detail an acceptable means for a certificate holder to utilize an electronic signature system. The FAA recommends that all certificate holders adopt the standards for electronic signatures, records, and manuals as set forth in the AC, regardless of whether approval, acceptance, or authorization is required. A description of the electronic signature process must be included in the certificate holder’s manual or for those certificate holders who are not required to have manuals, a standalone electronic signature process document is an acceptable alternative. Vendors electronic signature services and software applications are not accepted/approved by the FAA. FAA's acceptance, approval or authorization is conveyed to an operator (except Part 61, 63, 65, 91, 137 and 183 operators) by using OpSpec A025. NBAA MANAGEMENT GUIDE, 2024-01 253 AIRCRAFT MAINTENANCE OPERATIONS 3.8.1.8.2 Process The transition to electronic signatures involves many internal procedural changes. Initial discussions are required to ensure that everyone involved agrees with the desired output of electronic signatures and the steps necessary to reach this output. Once agreed upon, detailed planning is necessary to move forward as the transition may take time. It is recommended to check with the operators' maintenance tracking provider as many currently offer an electronic signature capability. Confirm that their offering adheres to the guidelines detailed in AC 120-78A. Often, they will provide a comparison matrix which details the line-item guidance in AC 120-78A and how they accomplish each item. It is recommended to establish a timeframe with milestones to pace the various steps through the overall process. Additional items to consider include: The specific forms that an electronic signature will be used on Procedures for applying an electronic signature used for approval for return to service documents Ensuring the selected platform for electronic signatures meets the guidance in AC 120-78A Who will be the responsible person within the organization How to countermand and/or make corrections after an electronic signature has been applied The training program and how users are notified of changes to the process Revising manuals or creating a standalone procedures document is necessary and resources need to be allocated to this. Capture all steps in a detailed SOP and assign accountability for each process and milestone. Plan to have a routine cadence of check ins, including with vendors if used, to keep the project on track. Plan a rollout to include training and a go-live plan including if gradual or all at once. If using a vendor, ensure that they offer initial and ongoing training and continuous support. 3.8.1.8.3 FAA Acceptance or Approval If the operator is required to obtain FAA acceptance or approval, the application submission process is detailed in AC 120-78A. A Letter of Intent is used to begin the process by notifying the responsible FAA Flight Standards office. A Sample Letter of Intent is available in Appendix 1 of AC 120-78A to use as a template. Additional details are required to be included for FAA review including a demonstration. Successful completion of the application process concludes with the FAA authorizing use of Electronic Signatures by signing and issuing OpSpec A025. 3.8.1.8.4 Best Practices When the entire initial process is completed, a retrospective should be conducted by all individuals and departments involved to learn what worked and what needed adjustments. Finalizing best practices will ensure the process is easily repeatable when adding new aircraft to the operation and new personnel to the maintenance department. 3.8.2 RECORDS MANAGEMENT FOR EVALUATION OF AIRCRAFT FAA records requirements, like all FARs, are the minimum requirements to maintain airworthiness and legal regulatory conformity. Maintenance management attention also must be given toward management of the asset financial value and warranty issues. During an evaluation of the aircraft, records will validate the current status of the aircraft and reflect its current financial value. In consideration of this requirement, the following records should be retained in an organization: Copies of all vendor work orders Copies of all vendor invoices for inspections, modifications, STCs, refurbishments, etc. Copies of only the current component FAA 8130 Form or equivalent installed on the aircraft A record of all Service Bulletins and Service Letters complied with A record of all discrepancies corrected on the aircraft NBAA MANAGEMENT GUIDE, 2024-01 254 AIRCRAFT MAINTENANCE OPERATIONS 3.8.3 RECORDS MANAGEMENT FOR MAINTENANCE FAA records requirements do not take into consideration the ease of doing maintenance to improve efficiency. During maintenance, the technician’s knowledge of the current configuration and previous configuration of an aircraft or its systems will provide for more efficient troubleshooting and corrective action and thus will reduce cost. Therefore, the following records also should be retained in an organization: Copies of all engineering drawings Copies of all modification instruction associated with their incorporation Photographs made during modifications Installation manuals used for modifications Copies of all wiring diagrams 3.8.4 RECORDS ORGANIZATION Considering the requirements to hold aircraft records over a period of time and access them, a systematic approach should be applied to store the necessary records. This system should isolate or identify the following areas as files either in electronic or hardcopy (paper) format: Current aircraft and engine hours/landings/cycles Current summary of Airworthiness Directive status Current status of all inspection programs List of all service bulletins, STCs s or modifications completed ATA structured file that holds current component information Vendor work orders Log books relative to each aircraft Copy of the current Weight and Balance Manual Copy of the current Equipment List Current summary of all FAA Form 337s Copy of Maintenance Task or Work Cards completed All relevant FAR 25 Burn Certification Documentation A summary of any “Instructions for Continued Airworthiness” Copies of all wiring diagrams One system of organizing these records for easy auditing is the compilation of a Conformity Book. Copies of all the current abovementioned relevant records are kept in a standard format by chapter. This becomes very effective in situations where there are different aircraft types managed by the same maintenance department. NBAA does not recommend nor does the FAA require that maintenance logbooks or records be carried aboard an aircraft. In the event of an accident, these records could be destroyed, thus eliminating critical and relevant information about the aircraft. 3.8.4.1 ELECTRONIC RECORDKEEPING An electronic record must provide equivalent or better data integrity, accuracy, and accessibility to what would otherwise be provided by a paper record. In general, a record preserves the evidence of an event. Utilizing an electronic recordkeeping system has many advantages. Records in a digital format ensures that the records are safely secured and no longer in danger of damage or loss. This will also protect the asset financial value and ensure that regulatory records retention requirements are easily met. Additional benefits include search-ability, share-ability, ease of mobile access and time savings due to less administrative procedures. Searching digital records ensures increased time/cost savings. Sharing records among the operator’s departments, possible multiple locations, MRO’s, brokers and FAA personnel is easier than providing access to or transporting physical paper records. This also reduces the possibility of loss or damage while in transit or when in external storage. NBAA MANAGEMENT GUIDE, 2024-01 255 AIRCRAFT MAINTENANCE OPERATIONS A lender or insurer may require electronic recordkeeping to further protect their investment, and this may lead to a discounted rate. Digitized back-to-birth records are easily transferred when the aircraft is sold or is being managed by a new operator as required by FAR 91.419, 121.380a and 135.441. 3.8.4.1.1 Regulatory Guidance Guidance and standards are provided in FAA AC 120-78A and detail an acceptable means for a certificate holder to utilize an electronic recordkeeping system. The FAA recommends that all certificate holders adopt the standards for electronic signatures, records, and manuals as set forth in the AC, regardless of whether or not approval, acceptance, or authorization is required. Electronic recordkeeping system procedures must be incorporated into the certificate holder’s manual system or for those certificate holders who are not required to have manuals, a standalone electronic recordkeeping system procedures document is an acceptable alternative. Vendors electronic recordkeeping services and software applications are not accepted/approved by the FAA. FAA's acceptance, approval or authorization is conveyed to an operator (except Part 61, 63, 65, 91, 137 and 183 operators) by using OpSpec A025. 3.8.4.1.2 Internal Method Electronic recordkeeping can be accomplished in multiple ways. The operator can use commercially available scanners and consumer storage applications internal to the organization. Evaluate these storage solutions and develop a procedure, along with resource allocation, to digitize current and future paper records. This typically includes all logbooks and historical supporting records. Often, consumer storage applications may lack functionality needed in aviation operations which may include advanced search and share functionality and integration with other frequently used aviation software applications. 3.8.4.1.3 External Method Vendors have developed specialized services and aviation specific software programs to digitize aircraft records to ensure they are secure, searchable and shareable. Additional functionalities available from vendor software platforms may increase efficiencies. Several maintenance tracking providers offer basic record storage or integrate with a dedicated aircraft record storage provider. Using a vendor may be a better value if the operator’s resources are limited, require more functionality and integrations or there is a need to complete the project in a faster time frame as vendors have tools and personnel available to ensure a timely transition to electronic recordkeeping. Perform a detailed evaluation as to the vendor’s experience, security authorizations and compliance protocols, meeting the guidance in AC 120-78A, integrations with other frequently used aviation software applications and the ability to work towards the desired schedule. Consultation with other operators may provide important information regarding their experience with vendors. Also, discuss up front expectations to confirm alignment with the plan. 3.8.4.1.4 Process The transition to electronic recordkeeping involves many internal procedural changes, sometimes involving multiple personnel or groups within a flight department. Initial discussions are required to ensure that everyone involved agrees with the desired output of electronic recordkeeping and the steps necessary to reach this output. Once agreed upon, detailed planning is necessary to move forward as the transition may take time. Regardless of the overall method used, it is recommended to establish a timeframe with milestones to pace the various steps through the overall process. Additional items to consider include: The order of aircraft and which records to digitize Verifying completeness and quality of digitized records Uploading digitized records into the desired location and/or application Training how to access, search and share documents Ongoing records digitization and uploading procedures NBAA MANAGEMENT GUIDE, 2024-01 256 AIRCRAFT MAINTENANCE OPERATIONS Revising manuals or creating a standalone procedures document is necessary and resources need to be allocated to this. Capture all steps in a detailed SOP and assign accountability for each process and milestone. Plan to have a routine cadence of check ins, including with vendors if used, to keep the project on track. Plan a rollout to include training and a go-live plan including if gradual or all at once. If using a vendor, ensure that they offer initial and ongoing training and continuous support. 3.8.4.1.5 FAA Acceptance or Approval If the operator is required to obtain FAA acceptance or approval, the application submission process is detailed in AC 120-78A. A Letter of Intent is used to begin the process by notifying the responsible FAA Flight Standards office. A Sample Letter of Intent is available in Appendix 1 of AC 120-78A to use as a template. Additional details are required to be included for FAA review including a demonstration. Successful completion of the application process concludes with the FAA authorizing use of Electronic Recordkeeping by signing and issuing OpSpec A025. 3.8.4.1.6 Best Practices When the entire initial process is completed, a retrospective should be conducted by all individuals and departments involved to learn what worked and what needed adjustments. Finalizing best practices will ensure the process is easily repeatable when adding new aircraft to the operation and new personnel to the maintenance department. NBAA MANAGEMENT GUIDE, 2024-01 257 AIRCRAFT MAINTENANCE OPERATIONS 3.9 Discrepancy Management The sophistication and complexity of aircraft used in the corporate environment matches that of any other part of the aviation spectrum. Because of this, theFAArecords requirements, like allFARs, are the minimum requirements to maintain airworthiness and legal regulatory conformity. Maintenance management attention also must be given toward management of the asset financial value and warranty issues. During an evaluation of the aircraft, records will validate the current status of the aircraft and reflect its current financial value. In consideration of this requirement, the following records should be retained in an organization: Copies of all vendor work orders Copies of all vendor invoices for inspections, modifications,STCs, refurbishments, etc. Copies of only the current componentFAA8130 Form or equivalent installed on the aircraft A record of all Service Bulletins and Service Letters complied with A record of all discrepancies corrected on the aircraft 3.9.1 BRIEFINGS AND DEBRIEFINGS Briefings and debriefings are used in an effort to meet the aviation and maintenance departments’ mission statements regarding safety, cost-effectiveness, professionalism, quality and pride in work and a high level of internal and external customer satisfaction. A formal briefing and debriefing process is recommended. Working groups as well as individuals benefit from discussing ideas, developing action plans, identifying ownership and acquiring backup. The maintenance/flight crew brief and debrief process is the mechanism used to bridge communication gaps regarding discrepancies or issues that concern either maintenance or flight working groups. In a briefing session, individuals who were actively involved in performing maintenance on the aircraft or any of its subsystems should meet with the flight crew to inform them of the maintenance action performed. This can be either corrective action for a discrepancy or routine maintenance inspections. In a debriefing session, maintenance technicians and flight crew members meet to acquire relevant information regarding discrepancies. Once the information is gathered, the individual leaves the debrief meeting with a complete description and understanding of the discrepancy. Once the information is gathered, the individual leaves the debrief meeting with a complete description and understanding of the discrepancy. The underlying objective is to provide the highest level of maintenance service, thereby providing customers with safety and customer satisfaction. The use of a formalized process creates an environment for professionalism, cost-effectiveness and quality improvement. 3.9.2 INOPERATIVE INSTRUMENTS AND EQUIPMENT In certain circumstances, relief for aircraft discrepancies may be found through FAR 91.213, which states; Except as provided in paragraph (d) of this section, no person may take off an aircraft with inoperative instruments or equipment installed unless the following conditions are met: An approved Minimum Equipment List exists for that aircraft. The aircraft has within it a letter of authorization, issued by the FAA Flight Standards district office, authorizing operation of the aircraft under the Minimum Equipment List. The letter of authorization may be obtained by written request of the airworthiness certificate holder. The Minimum Equipment List and the letter of authorization constitute a supplemental type certificate for the aircraft. The approved Minimum Equipment List must – Be prepared in accordance with the limitations specified in paragraph (b) of this section; and Provide for the operation of the aircraft with the instruments and equipment in an inoperable condition. NBAA MANAGEMENT GUIDE, 2024-01 258 AIRCRAFT MAINTENANCE OPERATIONS The aircraft records available to the pilot must include an entry describing the inoperable instruments and equipment. The aircraft is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the letter authorizing the use of the list. The following instruments and equipment may not be included in a Minimum Equipment List: Instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the aircraft is type certificated and which are essential for safe operations under all operating conditions. Instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise. Instruments and equipment required for specific operations by this part. A person authorized to use an approved Minimum Equipment List issued for a specific aircraft under subpart K of this part, part 121, 125 or 135 of this chapter shall use that Minimum Equipment List to comply with the requirements in this section. Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may take off an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided: The flight operation is conducted in a – Rotorcraft, non-turbine-powered airplane, glider, or lighter-than-air aircraft, powered parachute, or weight-shift-control aircraft, for which a master Minimum Equipment List has not been developed; or Small rotorcraft, non-turbine-powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and The inoperative instruments and equipment are not – Part of the VFR-day type certification instruments and equipment prescribed in the applicable airworthiness regulations under which the aircraft was type certificated; Indicated as required on the aircraft’s equipment list, or on the Kinds of Operations Equipment List for the kind of flight operation being conducted; Required by 91.205 or any other rule of this part for the specific kind of flight operation being conducted; or Required to be operational by an airworthiness directive; and The inoperative instruments and equipment are – Removed from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with 43.9 of this chapter; or Deactivated and placarded “Inoperative.” If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance with part 43 of this chapter; and A determination is made by a pilot, who is certificated and appropriately rated under Part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft. An aircraft with inoperative instruments or equipment as provided in paragraph (d) of this section is considered to be in a properly altered condition acceptable to the Administrator. Notwithstanding any other provision of this section, an aircraft with inoperable instruments or equipment may be operated under a special flight permit issued in accordance with 21.197 and 21.199 of this chapter. NBAA MANAGEMENT GUIDE, 2024-01 259 AIRCRAFT MAINTENANCE OPERATIONS 3.9.2.1 CARRY OVER LIST In addition to an MEL, it is helpful to develop a Carry Over List for cosmetic or non-airworthy type items, as well as for the documentation of dents and scratches that have been measured and found to be within limits. This can save any questions during an FAA ramp check or audit, and also keeps these items from becoming forgotten at the next inspection or interval at which they can be addressed. Even with FARrules as a tool to help the operator, problems may become apparent that will decrease the effectiveness of the overall discrepancy correction process. For example: There may exist no common definition/understanding among the FAA, pilots and technicians that explains generic terms such as “return to service” and what kind of “corrective action” clears a discrepancy write-up. Discrepancies that are not safety or flight-related and not covered by a MELmay ground an aircraft needlessly. Problem correction is best addressed through creation of action plans designed to provide a specific set of solutions to those concerns that may be raised. It may prove helpful to hold meetings with the FAA, pilots and technicians regarding current MELuse and application, discrepancy deferral processes and regulations. Time should be taken to define for all users “corrective action” and “return to service” (see next section). Begin to document all discrepancies and corrective action in order to improve troubleshooting, speed of repair and the generation of a clean audit trail. Once all issues are addressed, the documentation of progress to date is important. Documentation includes both definitions and graphics that clearly illustrate the desired discrepancy correction process. Such a reference also is the blueprint for an implementation plan. Develop an aircraft maintenance binder with sections for a discrepancy log, post-flight sign-offs, maintenance/inspection work cards or due date lists, oil consumption, and so on. 3.9.3 DISCREPANCY MANAGEMENT DEFINITIONS 3.9.3.0.1 Corrective Action Correction action is defined as reasonable, prudent and progressive steps taken to resolve a discrepancy or problem with a component or system. Corrective action is accomplished either by (1) verification of system or component integrity as required by the manufacturer’s maintenance manual or instruction for continued airworthiness prepared by the manufacturer, or (2) other methods, techniques and practices acceptable to the administrator. Corrective action can include progressive troubleshooting to resolve the fault, component changes or other action taken that demonstrates positive steps in resolving the problem. NBAA MANAGEMENT GUIDE, 2024-01 260 AIRCRAFT MAINTENANCE OPERATIONS 3.9.3.0.2 Figure 3.5: Discrepancy Flow Process for Technicians and Flight Crew Members NBAA MANAGEMENT GUIDE, 2024-01 261 AIRCRAFT MAINTENANCE OPERATIONS 3.9.3.0.3 Figure 3.6: Discrepancy Log All prior pages completed Discrepancy Log/N________________ Page #____________ Flight Log # Discrepancy Deferral MEL Item # TFR to Deferred Discrepancy Log Date Corrective Action Removed from DDL if Necessary Aircraft Hours Flight Crew Signature, Cert. #, Date 3.9.3.0.4 Figure 3.7: Deferred Discrepancy Log All prior pages completed Deferred Discrepancy Log Page #____________ Flight Log # Discrepancy Deferral MEL Item # Signature, Cert. #, Date Date Corrective Action Aircraft Hours Flight Crew Signature, Cert. #, Date 3.9.3.0.5 Return to Service Approval to return an aircraft to service is authorized by the holder of an appropriate mechanic’s certificate. Once an aircraft’s discrepancy, fault, deviation, or error has been addressed in a reasonable and prudent manner (corrective action taken) and the appropriate entries have been made to the aircraft discrepancy log, the aircraft may be returned to service. See Figure 3.5 “Discrepancy Flow Process for Technicians and Flight Crew Members,” illustrating the movement and disposition of a discrepancy. Once the discrepancy management procedures are in place, follow-up is required to ensure that it meets both current and future needs of all participants. Elements to consider are: Monitoring of discrepancy write-ups and corrective actions to ensure that the process is made routine Ensuring that communication paths between pilots and technicians stay open Measuring the time between a noted discrepancy and the final correction It is important that operators read and understand theFARs. Using an approved MELalong with an organized method of handling the day-to-day maintenance difficulties as outlined above can provide the high degree of operational flexibility necessary for a successful aviation department. NBAA MANAGEMENT GUIDE, 2024-01 262 AIRCRAFT MAINTENANCE OPERATIONS 3.9.4 DISCREPANCY MANAGEMENT RECOMMENDATIONS The MEL binder contains a copy of the Letter of Authorization with guidelines/procedures for deferrals. Records of discrepancies, deferrals and corrective action are kept in an aircraft maintenance binder under the title “Discrepancies” (see Figure 3.6). A deferred discrepancy log is carried in the aircraft (Figure 3.7). 3.9.5 OUTSIDE MAINTENANCE Occasionally, aircraft will need to visit outside maintenance providers, which may be due to staffing, scope of work, specialized tooling or scheduling convenience. This experience, either large or small in scope, should be handled in an organized and methodical manner. Timely implementation of these procedures will result in a better experience and a united service expectation. This structured Request for Proposal (RFP) process will better ensure a business-driven decision, allowing you to consider not only the labor costs but also a detailed view of the financials and other fundamental aspects that drive costs differently across service centers. Planning for an outside maintenance event should be performed well in advance. Depending on the service center(s) you pick and their current workload, this planning should begin up to six months in advance. If the planned maintenance is sizable in scope and cost, it is advisable to prepare the RFP document (see Figure 3.8) that outlines in detail the work being requested. By having a personalized RFP, you can dictate the desired format of the proposals. While being important to you (easier to compare “apples to apples”), it is just as important in fairness to the service centers to be competing on a level playing field. First and foremost, determine which service center(s) (typical procurement guideline is to entertain three bids) you would like to include in this process. Selection of these facilities should not be taken lightly. Remember, cheaper is not always better. If price becomes the sole factor in the decision-making process, the end result may not be what you actually desire. Beyond the fact that the service center provider must possess the regulatory approval, keep in mind that regulatory approval does not always translate to manufacturer’s authorization. Regardless, it is still necessary to determine if the service provider can accomplish the projected work scope. Operators should check references to determine the quality received and satisfaction level of other operators. Later in the process it may prove useful to visit the facility prior to aircraft arrival to validate the ability of the provider to perform the work to your company’s satisfaction. The operator should have a facility audit type checklist to use in evaluating the facilities. 3.9.5.1 SERVICE CENTER SELECTION CHECKLIST Items of a facility audit type checklist may include: Appropriate Repair Station ratings for work scope Manufacturer’s Authorization – service center status for your particular aircraft type can: Impact their ability to handle warranty work Affect the hourly rate for said warranty work Impact the cost of parts passed on to you Engineering support Identify if provided on staff or by outside designated engineering representative (DER) Training and safety policy for service center technicians, inspectors and shop Review training records specific to aircraft model Review work force’s practical experience Identify if service center utilizes full-time or contract technicians Quality Control department structure and practices If a quality control (QC) department exists, review QC program and practical experience of inspector NBAA MANAGEMENT GUIDE, 2024-01 263 AIRCRAFT MAINTENANCE OPERATIONS 3.9.5.2 DEVELOPING THE REQUEST FOR PROPOSAL (RFP) Using Figure 3.8 as a template, develop an RFP that establishes a detailed work scope for the planned maintenance event. By requiring the proposal to be bid in a line-item format, the playing field has been leveled for each service center. Upon receipt of each proposal, the items can be transferred to a spreadsheet Figure 3.9 for visual display and an easy comparison of cost summaries. The information your RFPshould contain is as follows: Company name, address and pertinent contacts Aircraft type, s/n and registration Desired beginning date of work Aircraft operated underFAR(i.e., 91,135, etc.) Detailed work scope The detailed work scope should be divided into the following categories as applicable: Airframe Inspections (best practice is to get a package quote for ease of comparison) Maintenance items (bid each separately) Service bulletins (bid each separately) Paint Stripping process (check on their disposal method, fee structure for proper disposal) Fuselage seams (do not rely on existing sealant; most shops will replace sealant) Primer Base colors Stripes/paint schemes Miscellaneous (removal of flight controls, access panel screw detail, hinges) Make sure it identifies what items are treated as standard quote and which items are treated as optional or extra charge Interior Refurbishment details Soft goods Hardwoods Floor plan changes Floor plan drawings defining refurbishment details (good shops will always provide these; ask to see samples of their quality and details Materials listing and flammability certification (should be part of permanent aircraft records as this information may be needed during resale) Engines Inspections (hot section, major periodical, core zone, mid-life and/or overhaul) Maintenance (discrepancies, spectra oil analysis program (SOAP) samples, etc.) Service bulletins Line replaceable units (LRU) overhauls Auxiliary power units (APU) items (inspections, discrepancies, etc.) NBAA MANAGEMENT GUIDE, 2024-01 264 AIRCRAFT MAINTENANCE OPERATIONS Avionics Upgrades Overhauls New installations System testing/rectification (FAR 91.411, 91.413 and/ or RVSM) Wiring diagrams and installation drawings (good shops will always provide these; ask to see samples of their quality and detail) Certification documentation for all new equipment and procedures (i.e., 8130-3,STC,FAA337,JAR1) New electrical load analysis (if applicable) Continued airworthiness requirements for all new equipment installed Disclosure Statements Terms and conditions Acquire text and forward to your appropriate procurement department for their review and recommendations. Downtime for quoted maintenance Specific beginning and ending dates (remember non-scheduled work could impact the delivery date) Shop Rates Avionics, airframe and engine (rates will normally vary on each) Are there overtime rates, and when will they apply? Overtime Who authorizes the use? (One must understand the issues driving overtime requirements, and the terms need to be documented) Flat Rates Define what is included in the flat rates. Discrepancies and Change Orders What is the discrepancy and change order process, including approvals Warranty WillOEMwarranty programs and specific campaigns be honored? What is the warranty policy on parts and labor Hazardous Waste / Environmental Fees: Identify costs and charges specific to work scope either by percentage or actual and what they are based on Identify maximum cap on the cost of hazmat fees Define method of hazmat disposal and approval process. Consumables: What is included in the definition of consumables (i.e. masking tape, acid brushes, etc.)? Are there fees, and how are they applied? Is there a maximum cap on the cost of consumables? Freight Charge Structure Is a fixed rate applied to each incoming part or is it based on a percentage of shipping costs? What is the normal method of shipping? Records Research Is this included at no additional cost? If not, define fee structure. NBAA MANAGEMENT GUIDE, 2024-01 265 AIRCRAFT MAINTENANCE OPERATIONS Parts What is the policy on restock or rectification charges based on misdiagnosed components? What is the authorization process before part procurement? Identify cost structure of parts (i.e., cost, cost plus or minus 10 percent). Are there fees associated with procurement? (Some shops charge a fee to evaluate the paper trail of received goods). Special Tooling Does the company maintain the special tooling required to service my aircraft? If not, will there be rental and freight charges associated with acquiring the needed special tooling? Does the facility charge a fee for special tooling? Hangar Fees Are there hangar fees in addition to normal operating fees? If the aircraft is left in your facility for an extended time, are there storage fees applied? Taxes What are the applicable taxes to the goods and services provided? (You will need to contact your tax advisor regarding the impact of these taxes relating to your state/country of registration.) Insurance Define types and amounts of coverage related to hangar keepers, liability, completed operations, workman’s compensation, and war and terrorism coverage. Will your company be indemnified for any claims arising out of the services performed at your facility? Note: Generally, the area of insurance is often misunderstood and can subject your company to extraordinary financial exposure. Acquire the insurance information well in advance and forward to your company’s risk management department for their evaluation and recommendations. Drug and Alcohol Is there a drug and alcohol program at the facility? Will documentation be provided, if requested? Payment Terms What are your payment terms and conditions Are deposits required? Hazardous Waste / Environmental Fees: When forecasting items monitored under a maintenance tracking program, remember to set the forecast date out to the next major outside maintenance. This will allow a rational thought process as to what needs to be accomplished. Once the bids have been received, the comparative analysis begins. Enter all the line item pricing on theRFP analysis spreadsheet (refer to the template in Figure 3.9, total all major categories and enter a brief summary of “disclosure statements.” Notice the spaces for “cost of movement” and “incentive offerings.” In the interest of good money management, be always conscious of the cost of moving the aircraft. The template is designed to give you a financial analysis of the work detail, with the major declarations listed for each center participating. While the financials are always critical, sometimes the declarations can define key business objectives that can differentiate the service centers’ complete expense materials. This comprehensive analysis is critical to the decision process and should be applied to fit your individual situation. NBAA MANAGEMENT GUIDE, 2024-01 266 AIRCRAFT MAINTENANCE OPERATIONS 3.9.5.2.1 Figure 3.8: Request for Proposal (RFP) Template Company Name ______________________________ Address _____________________________________ ____________________________________________ Telephone ( ) ________________________________ Fax ( ) ______________________________________ Email _________________________________________ Date ___________________________________ Aircraft Type ____________________ Registration # ___________________ S/N _____________________________________ Desired Start Date ________________________________ Note: Bid each line item separately. Airframe: A. Inspections 1. 150, 300 & 600-hour __________________________________ B. Service Bulletins 1. 32-118 Landing Gear Mod ___________________________________ 2. 35-464 Oxygen Valve Upgrade ____________________________________ C. Avionics 1. C/W FAR 91.411 & 413 ____________________________________ 2. RVSM Two-Year Renewal ____________________________________ D. Interior 1. Air Stair Carpet Replacement _____________________________________ E. Paint 1. None required ______________________________________ Engines (m/n: AAAAAA): 1. #1 Engine (s/n: 1232456) 1. 150-hour Inspection _______________________________________ 2. SOAP sample _______________________________________ 3. S/B 77-222 FCU mod _______________________________________ 2. #2 Engine (s/n: 123457) 1. 150 & 300-hour Inspection _______________________________________ 2. SOAP sample _______________________________________ APU (m/n: BBBBBB)(s/n: 987642): 1. 300-hour Inspection _______________________________________ Declarations (declare the following separately): 1. Estimated downtime (normal weekdays or can the weekends be utilized) 2. Shop rates (both regular and overtime) 3. Hazmat fee structure and is there a cap? 4. Consumable fee structure and is there a cap? 5. Local and state fee structure 6. Coordination of warranty programs for aircraft directly with manufacturer? 7. Records research included in the inspection flat rate (if required)? 8. Freight charge structure 1. Flat fees 2. Component rate fee 9. Are any fees applied to incoming parts? 10. Payment methods, terms and conditions 1. Down payments 2. Progress payments 11. Parts cost structure, charges and fees NBAA MANAGEMENT GUIDE, 2024-01 267 AIRCRAFT MAINTENANCE OPERATIONS 3.9.5.3 SERVICE CENTER COMMUNICATION Once the service center selection is made, you can begin the process of communicating all the pertinent details for the work scope and discuss both the customer and service center expectations to ensure a successful experience. Communication is the key to success. Upon arrival, request a briefing session with all service center department representatives (i.e. avionics, airframe, paint, engine, etc.) to review work scope and provide an opportunity for any questions. Provide written information well ahead of time concerning any known incoming discrepancies. Establish a means for daily updates regarding work scope progress and cost implications, specifically needed when a second or third shift is in place. Request a single point of contact, a key service center manager that you can easily communicate with during the process. Have a company representative on site to monitor cost and progress. Establish that all discrepancies and change orders shall be approved and signed-off by your company representative prior to implementation. Ensure task cards or maintenance documentation is being used and provided with sign-offs. Meet with quality control department to preview a rough draft of the logbook entries and required documentation well in advance of the projected departure date. Pre-delivery and acceptance phase plan briefing with all departments for work performed. Obtain a copy of work order, airworthiness certification Documentation (see Figure 3.10, Paperwork Flowchart, and Figure 3.11 Paperwork Checklist), and inspection guide (where applicable) before departure. Request an estimate of when the invoice might be received 3.10 Spare Parts Inventory Since all aircraft must be operated in airworthy condition, components that are not covered by an approved MEL or by FAR must be operable to maintain airworthiness, which necessitates that operators possess an inventory of spare parts for their aircraft. Aircraft dispatch criteria/level defined by the operator will dictate the level of inventory. Certain aircraft parts are expensive to purchase. The operator, balancing cost versus aircraft availability, should carefully consider the specific items selected for inventory. Furthermore, maintenance abilities should be considered to prevent the purchase of components that cannot be replaced in the field by the particular operator. The following suggestions have proven useful to operators when planning inventory purchases: Using the operator’s approved Minimum Equipment List to determine those items that cannot be deferred, thereby grounding the aircraft. Determining the time necessary to remove and replace the specific item and comparing that to the time required having it delivered from the distribution center. Determining the manufacturer’s recommended inventory levels, which may be most beneficial in selecting consumable spares. Determining shelf-life considerations for time-controlled stock. Sharing experiences with other operators of the same aircraft type. Learning current fleet tendencies from field service representatives. Determining the operator’s proximity to parts distribution sites and transportation hubs, which will affect the timeliness of shipments. All parts must be purchased from reputable companies. Be aware of parts priced well below market value. The operator must ensure that the parts are accompanied by proper certification paperwork and, in the case of time-controlled components, that the current TSO /TSI is documented. Life limited components have documentation that follows a part until it is scrapped. NBAA MANAGEMENT GUIDE, 2024-01 268 AIRCRAFT MAINTENANCE OPERATIONS 3.10.0.0.1 Figure 3.9: RFP Analysis Spreadsheet Template DELIVERABLES Airframe Items S.C. #1 S.C.#2 S.C. #3 S.C. #4 Inspections: 1. 150, 300, 600-hour ____________ ___________ ___________ __________ Service Bulletins: 1. 32-118 L/G mod. ____________ ___________ ___________ __________ 2. 35-464 oxygen valve upgrade ____________ ___________ ___________ __________ Avionics: 1. FAR 91.411 and 413 ____________ ___________ ___________ __________ 2. RVSM two-year renewal ____________ ___________ ___________ __________ Interior: 1. Air stair carpet installation ____________ ___________ ___________ __________ Paint: 1. If required ____________ ___________ ___________ __________ Engine Items Engine #1 1. 150-hour inspection ____________ ___________ ___________ __________ 2. SOAP ____________ ___________ ___________ __________ 3. SB 77-222 FCU mod. ____________ ___________ ___________ __________ Engine #2 1. 150 and 300-hour inspection ____________ ___________ ___________ __________ 2. SOAP APU items ____________ ___________ ___________ __________ Inspections 1. 300-hour inspection ____________ ___________ ___________ __________ Miscellaneous Items “Cost of movement,” aircraft (Internal cost est.) ____________ ___________ ___________ __________ “Incentive offerings” (Internal cost est.) ____________ ___________ ___________ __________ Less any vendor offerings. (fuel, discounts, etc.) ____________ ___________ ___________ __________ Total Cost (Total all above items in each column) $____________ $___________ $___________ $__________ DECLARATIONS (List these for ease of comparison) 1. Downtime ____________ ___________ ___________ __________ 2. Hazmat fees/cap ____________ ___________ ___________ __________ 3. Consumable fees/cap ____________ ___________ ___________ __________ 4. Shop rates ____________ ___________ ___________ __________ 5. Local and state taxes ____________ ___________ ___________ __________ 6. Records research ____________ ___________ ___________ __________ 7. Insurance coverage ____________ ___________ ___________ _________ NBAA MANAGEMENT GUIDE, 2024-01 269 AIRCRAFT MAINTENANCE OPERATIONS When determining quantity, the operator can reduce stock levels via thorough planning. Upcoming inspections can be examined for consumable requirements, and an order can be placed to ensure that parts arrive just prior to the commencement of work. A means for the operator to determine stock quantity and value should be incorporated. This determination may be made through the use of computerized inventory management software or a simple index-card system. A method to determine parts usage over time should be considered to enable low utilization parts to be replaced with higher use items. Inventory should be stored in a safe location. This area should be climate controlled to prevent damage or corrosion. Nonairworthy items should be properly identified and kept segregated from useable stock. A lockable storage cabinet is ideal for this and will help to ensure that these parts do not make their way onto the aircraft. The overall complexity of the inventory management process is dependent upon the individual operation. Operators with large departments and several aircraft may need far more processes in place to ensure proper asset management than a small department. Regardless of department size, standard practices and processes should be implemented to ensure that cost is managed and that aircraft availability is properly managed. 3.11 Maintenance Technician Duty Time NBAA recommends that its member companies develop a policy for limiting maintenance technician duty time. Long duty cycles are a principal cause of both physical and mental fatigue. Physical fatigue can lead to personal injury, and mental fatigue can lead to mistakes. These mistakes can lead to serious injury or damage to the aircraft. With this in mind, flight department managers should carefully consider duty times for their maintenance personnel to maintain the highest level of performance and to ensure personal and flight safety. Because of the ad hoc schedules of business aviation, it is difficult to estimate work related sleep deprivation or circadian disruptions. Any program must have enough latitude to handle peak workloads without overstaffing. Management should be aware of the cumulative effects of long hours or insufficient rest, and the effects of circadian desynchronization to manage the technician’s time properly. When developing a policy, the following areas should be considered along with the examples shown: Maximum work day Example –14 hours Maximum work week Example – 60 hours in five consecutive work days, or 68 hours in six consecutive work days Minimum off time between work days Example –10 hours Minimum off time between work weeks Example – 24 hours for five consecutive work days, or 48 hours for six consecutive work days There are times when the aviation department may not be able to adhere to these guidelines. In this case, there should be a written process in place to handle any deviation appropriately. NBAA MANAGEMENT GUIDE, 2024-01 270 AIRCRAFT MAINTENANCE OPERATIONS 3.11.0.0.1 Figure 3.10: Paperwork Flowchart NBAA MANAGEMENT GUIDE, 2024-01 271 AIRCRAFT MAINTENANCE OPERATIONS 3.11.0.0.2 Figure 3.11: Paperwork Checklist NBAA MANAGEMENT GUIDE, 2024-01 272 AIRCRAFT MAINTENANCE OPERATIONS 3.12 Compensation of Maintenance Personnel NBAA believes that a stable workforce adds great value to the corporate flight department. Aviation professionals are by nature highly motivated and require specialized training. Proper investments made in employees for training, compensation and benefits should aim for employee retention and workforce stability. Wages and associated compensation and benefits should include vacations, sick leave, uniforms, a 401(K) plan, an insurance package (including accident, health, dental, travel, disability and liability), a competitive retirement package and incentive compensation, if available. Factors governing this compensation would include the geographic location of the flight department, local competition for labor, the type of certificates held by the technician, current position held by the technician and the technician’s documented experience, tenure and duty requirements. The best management practices include a review of industry salary surveys in order to maintain a competitive advantage. Federal and state labor rules should be fully examined by qualified individuals prior to a department establishing their compensation plan. Labor laws dictate that all maintenance personnel not directly supervising others or not in a management function are paid as non-exempt (hourly) employees. This includes the payment of overtime wages for hours in excess of the standard workweek. Non-exempt employees should not be regarded as less professional than the traditional exempt or salaried employee by virtue of their method of compensation. It is simply a method to ensure that employees are compensated for their hours worked and meet applicable labor rules. 3.13 Maintenance Safety Programs A primary goal of every maintenance department is to create a safety culture, or safety standard, aimed at reducing the risk exposure to employees and sub-contractors and avoiding unnecessary damage to equipment. NBAA member companies need to establish and maintain an ongoing safety program to seek out hazards to safe operations and to implement programs to reduce risk and eliminate accidents in the workplace. Standards for a safety program should be based on those of OSHA, EPA, NIOSH, Code Of Federal Regulations (CFR), National Safety Council, Federal and state directives and others as deemed applicable to the work place, application and industry. 3.13.1 LOCKOUT/TAGOUT PROCEDURES Industry practices and procedures used in machinery shops should be applied to the aircraft maintenance environment. Work tasks are identified through cautionary notes, or warnings. These notes prompt required action to prevent inadvertent operation of systems during specific events. For the most part, these tagout procedures identify and secure an aircraft system or control that is rendered inoperative for and during maintenance to prevent electric, hydraulic or pneumatic power from being applied. Cautionary notes delineate specific procedures for maintenance technicians to render a system or control inoperative. Use of an identifier tag on the appropriate control-such as a circuit breaker, flap handle, throttle, hydraulic pump, pneumatic system control panel or combination of flight control and circuit breaker, is an excellent practice. NBAA MANAGEMENT GUIDE, 2024-01 273 AIRCRAFT MAINTENANCE OPERATIONS In addition to the tagout system defined above, flight controls such as flaps, slats, landing gear and thrust reversers need to be blocked out or pinned out using appropriate means that generally are listed by the manufacturer. The lockout/tagout safety program should entail the following: Detailed procedures outlining an effective communication program, references that define lockout requirements and processes to be followed to safely lockout/tagout sources of stored energy. Recognition of hazardous energy sources, types of energy sources specific to particular makes of aircraft, means and methods to safely lockout/ tagout, as well as removal of the lockout/tagout and re-activation procedures. An audit/inspection program outlining periodic inspections to ensure that the program is working effectively and achieving the desired level of safety and personal protection. A training program, outlining the purpose of the program, comprehension of the program, recognition of hazards and review of application to specific aircraft type in fleet. Reference OSHA material: Code of Federal Regulations 29 (CFR). 3.13.2 CONFINED SPACE ENTRY PROGRAM The purpose of the confined space entry safety program is to delineate procedures for the entry of confined spaces and fuel tanks by maintenance personnel when performing routine checks and/or when performing non-routine repairs or modifications. The program should entail the procedures and equipment necessary to assure that confined space entry and internal fuel tank maintenance is accomplished in a manner consistent with aviation industry standards for the personal safety of maintenance personnel. While not all spaces contain the potential for hazardous atmospheres, they could exhibit potential hazards in high temperature situations. The program is divided into two segments: confined space and permit-required confined space. A confined space is a space that is large enough for an individual to bodily enter, has restricted means of entry or exit and is not intended for continuous occupancy. Examples of confined spaces are aft maintenance compartments, fuel tanks and avionics bays. A permit-required confined space has the potential to contain a hazardous atmosphere, such as welding fumes, carbon monoxide, solvent vapors and/or flammable or oxygen-deficient atmospheres, i.e. fuel tanks. This segment is further defined as a confined space that has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or a floor that slopes downward and/or tapers to a smaller cross-section. The following are guidelines for a confined entry program: The basic program should delineate specific procedures for both types of confined spaces. Program highlights should include definition of confined space and permit-required confined space and control or permit procedures when entering confined spaces, including management’s oversight role. Furthermore, the program should delineate specific procedures on how to test for vapor hazards, ventilation and purging procedures; responsibilities of all individuals involved in and around the confined space, including the immediate supervisor; and specific apparel and restrictions/cautions, such as but not limited to jewelry and tooling. Very detailed procedures should be established for attendants stationed outside a permit-required space, as well comprehensive rescue procedures. With respect to the permit-required confined space program, it should delineate atmospheres that expose individuals to risk of death, incapacitation, impairment of ability to self-rescue (that is, escape unaided from permit space), injury or acute illness. Atmospheric concentration exposure limits should be delineated. Maximum doses or permissible exposure limits are published in 29 CFR 1910, Subpart G and Subpart Z. A comprehensive training program is essential and should outline the purpose of the safety program, recognition of atmospheric conditions, use of testing and purging equipment, responsibilities of individuals and detailed rescue procedures. Reference material: Code of Federal Regulations 29 (CFR) 1910, Subpart G – Occupational Health and Environmental Control; Subpart Z – Toxic and Hazardous Substances; and National Fire Protection Association (NFPA) 70 National Electrical Code. NBAA MANAGEMENT GUIDE, 2024-01 274 AIRCRAFT MAINTENANCE OPERATIONS 3.13.3 RESPIRATORY PROTECTION PROCEDURES The purpose of the respiratory protection procedure safety program is to protect individuals from toxic chemical agents. It delineates the use and maintenance of respiratory protective equipment, allowing employees to work safely in hazardous work environments in compliance with Federal and state regulations. The program should address the requirements for the safe use of respiratory protection within an aviation maintenance environment. A respiratory protection program should include the following: The selection of respirators outlining the proper respirators for use when working within fuel tanks and other tasks when the air contaminant has not been quantified. When the contaminant has not or cannot be measured, delineate the exposure that is considered immediately dangerous to life and health and when a full-face piece supplied air respirator should be used. Outline how respirators should be used and the dangers of improper usage; face-seal checks; positive and negative pressure checks; and how to detect leakage or respirator effectiveness. The program should stipulate which respirators meet the NIOSH standard (defined as a filter that has at least 99.97 percent efficiency in removing mono disperse particulate of 0.3 micrometers in diameter). Certified NIOSH 42 CFR 84 particulate filters are the N100, R100, and P100 filters. Outline procedures that delineate the inspection of respirators as well as the maintenance, care, cleaning and disinfectant procedures. Outline the annual requirement for fit testing of positive and negative respirators. Fit testing should occur whenever a different respirator is used or when physical changes occur in individuals (i.e., facial scarring, dental change, cosmetic surgery, obvious change in body weight, or if the individual states that the fit is unacceptable). The Portacount fit test protocol should be used. A minimum fit factor pass level of 100 is required for a half-mask respirator, and a minimum fit factor pass level of 500 is required for negative pressure respirators. This program necessitates a medical evaluation for the individual required to wear respirators subsequent to fit testing. A licensed healthcare professional should administer the evaluations and supply written recommendations determining the individual’s ability to use a respirator. This should cover an evaluation of the environment or specific exposure as well as the individual’s medical evaluation and limitations. Because of the complexity of this program, a detailed training program should outline the value of this respiratory protection; when respirators are to be used; and proper fit, usage, maintenance, inspection, storage and recognition of medical signs and symptoms that may limit or prevent effective use. For those organizations/individuals who are unfamiliar with the interpretation of the regulatory requirements, it might be best to consult a risk management professional to assist you in developing a program tailored to your equipment and operation. Reference material: Code of Federal Regulations (CFR) 1910.139, CFR 1910.155, American National Standards Institute (ANSI) Z88.2, and NIOSHA 42 CFR 84 Particulate Filters. 3.13.4 ROLLING STEPLADDER/STAIR SAFETY PROGRAM The purpose of the rolling stepladder/stair safety program is to outline the required methods for using mobile ladders and stairs during aircraft maintenance operations. The use of rolling ladders and stairs should be (1) in accordance with manufacturer’s specifications, (2) intended for a task or purpose, (3) in good physical condition and (4) stable. The rolling stepladder/stair should be capable of being locked down to prevent movement and have fixed steps or handrails secure and free of excessive movement. A rolling stepladder/stair safety program should include the following: Procedures outlining the height and load requirements of tasks prior to selection of ladder or stair. Determine appropriate device for task, visual inspection of ladder/stair, lock-down, chock or tie-off and ascending and descending techniques. Training program outlining the value of this program, including training requirements, visual inspections, lock-down procedures, set-up, positioning, ascending and descending procedures as well as storage and general care requirements. NBAA MANAGEMENT GUIDE, 2024-01 275 AIRCRAFT MAINTENANCE OPERATIONS 3.13.5 FALL PROTECTION OSHA governs compliance with Fall Protection Regulations under the following regulations. More information can be found at www.osha.gov. 3.13.5.0.1 General Industry 1910.23, Guarding floor and wall openings and holes 1910.66, Powered platforms for building maintenance App A, Guidelines (Advisory) App C, Personal Fall Arrest System (Section I – Mandatory; Sections II and III – Non-Mandatory) 1910.132, General Requirements (Personal Protective Equipment) 1910.269, Electric Power Generation, Transmission, and Distribution. References 1926 Subpart M and contains additional requirements for fall protection 3.13.5.0.2 Shipyard Employment 1915.159, Personal fall arrest systems (PFAS) 1915 Subpart I App B, General Testing Conditions and Additional Guidelines for Personal Fall Protection Systems (Nonmandatory) 1915.160, Positioning device systems 3.13.5.0.3 Long Shoring 1918.85, Containerized cargo operations; includes requirements for fall protection Preambles to OSHA Standards Fall Protection in the Construction Industry (1994, August 9) OSHA Directives Focused Inspection Program for Intermodal Container Top Fall Protection. CPL 2-1.27 (1998, May 12), 7 pages. Provides guidance for enforcing 1918.85 Review Commission and Administrative Law Judge Decisions – The Occupational Safety and Health Review Commission (OSHRC) is an independent Federal agency created to decide contests of citations or penalties resulting from OSHA inspections of American workplaces. To locate decisions related to this topic, search for keywords at the OSHRC site. Standard Interpretations and Compliance Letters – Standard Interpretations and Compliance Letters related to 1926 Subpart M, Fall Protection: 1926.500 1926.501 1926.502 Authority for 1926 Subpart M NBAA MANAGEMENT GUIDE, 2024-01 276 AIRCRAFT MAINTENANCE OPERATIONS 3.14 References for Maintenance Operations Below is a list of materials that may prove helpful if further reference is needed for your particular operation. When attempting to apply FARs, a positive, professional working relationship with the local Flight Standards District Office should be developed to ensure that all regulations are properly and mutually understood. Specifically, caution should be exercised regarding the applicability of each section. When in doubt, work with your local FAA contact. This may prove to be especially beneficial in the event of a difference in interpretation between the FAA and any given maintenance activity. A great deal of time and effort may be saved and risk of violations minimized. A wide range of regulations covers FAA standards for aircraft maintenance. Listed below are examples relative to corporate operations 3.14.1 MANUALS Airframe Powerplant Component Maintenance 3.14.2 FEDERAL AVIATION REGULATIONS Part 21 – Certification Procedures for Products and Parts Part 23 – Airworthiness Standards: Normal, Utility, Acrobatic and Commuter Category Airplanes Part 25 – Airworthiness Standards: Transport Category Airplanes Part 27 – Airworthiness Standards: Normal Category Rotor-craft Part 29 – Airworthiness Standards: Transport Category Rotor-craft Part 33 – Airworthiness Standards: Aircraft Engines Part 35 – Airworthiness Standards: Propellers Part 39 – Airworthiness Directives Part 43 – Maintenance, Preventive Maintenance, Rebuilding and Alteration Part 45 – Identification and Registration Marking Part 65 – Certification: Airmen Other Than Flight Crew Members Part 91 – General Operating and Flight Rules Subpart C – Equipment, Instrument and Certificate Requirements Subpart E – Maintenance, Preventive Maintenance and Alternations Part 119 – Certification: Air Carriers and Commercial Operators Part 121 – Operating Requirements: Domestic, Flag, and Supplemental Operations Subpart J – Special Airworthiness Requirements Subpart K – Instrument and Equipment Requirements Subpart L – Maintenance, Preventive Maintenance, and Alterations Subpart V – Records and Reports Part 125 – Certification and Operations: Airplanes Having a Seating Capacity of 20 or more passengers or a Maximum Payload Capacity of 6,000 pounds or more Part 135 – Operating Requirements: Commuter and On demand Operations Subpart C – Aircraft and Equipment Subpart I – Airplane Performance Operating Limitations Subpart J – Maintenance, Preventive Maintenance, and Alterations Part 145 – Repair Stations Part 147 – Aviation Maintenance Technician Schools NBAA MANAGEMENT GUIDE, 2024-01 277 AIRCRAFT MAINTENANCE OPERATIONS 3.14.3 ADVISORY CIRCULARS Any applicable Advisory Circulars that are in the 20 series (aircraft) or 43 series (maintenance). A selected list appears below. Note suffixes change occasionally, so be sure to check for currency. 20-65 – U.S. Airworthiness Certificates and Authorizations for Operations of Domestic and Foreign Aircraft 20-77 – Use of Manufacturers’ Maintenance Manuals 20-106 – Aircraft Inspection for the General Aviation Aircraft Owner 20-109A – Serviced Difficulty Program (General Aviation) 20-110J – Index of Aviation Technical Standard Orders 20-114 – Manufacturers’ Service Documents 20-117 Hazards Following Ground Deicing and Ground Operations in Conditions Conducive to Aircraft Icing 20-126E – Aircraft Certification Service Field Office Directory 20-131A – Airworthiness and Operational Approval of Traffic Alert and Collision Avoidance Systems (TCAS II) and Mode S Transponders 20-133 – Flighdeck Noise and Speech Interference Between Crew members 20-134 – Test Procedures for Maximum Allowable Airspeed Indicators 20-136 – Protection of Aircraft Electrical/Electronic Systems Against the Indirect Effects of Lightning 20-138 – Airworthiness Approval of Global Positioning System (GPS) Navigation Equipment for use as a VFR and IFR Supplemental Navigation System 21-9A – Manufacturers Reporting Failures, Malfunctions, or Defects 21-12A – Application for U.S. Airworthiness Certificate, FAA Form 8130-6 21-18 – Bilateral Airworthiness Agreements 21-20B – Supplier Surveillance Procedures 2123 – Airworthiness Certification of Civil Aircraft Engine, Propellers and Related Products 21-24 – Extending a Production Certificate to a Facility Located in a Bilateral Airworthiness Agreement Country 21-26 – Quality Control for the Manufacture of Composite Structures 21-29B – Detecting and Reporting Suspected Unapproved Parts 21-22 – Quality Assurance of Software Used in Aircraft or Related Products 21-35 – Computer Generated/Stored Records 21-40 – Application Guide for Obtaining a Supplemental Type Certificate -3032H – Announcement of Availability: Parts Manufacturers Approvals 43-3 – Nondestructive Testing in Aircraft 32-4A – Corrosion Control for Aircraft 43-6A – Automatic Pressure Altitude Encoding Systems and Transponders Maintenance and Inspection Practices 43-7 – Ultrasonic Testing for Aircraft 43-9 – Maintenance Records 43-10A – Mechanical Work Performed on U.S. and Canadian Registered Aircraft 43-12A – Preventive Maintenance 43-13-1A – Acceptable Methods, Techniques and Practices – Aircraft Inspection and Repair 43-13-2A – Acceptable Methods, Techniques and Practices – Aircraft Alterations 43-13-2A – Change 2 120-78A – Electronic Signatures, Electronic Recordkeeping, and Electronic Manuals 140-7G – Federal Aviation Administration Certificate Maintenance Agencies Directory 183-35E – Designated Airworthiness Representative (DARs), Designated Alteration Stations (DASs) and Delegation Option Authorization (DOA) Directory 183-29.1CC – Designated Engineering Representatives NBAA MANAGEMENT GUIDE, 2024-01 278 AIRCRAFT MAINTENANCE OPERATIONS 3.14.4 ICAO DOCUMENTS Annex 1 – Personnel Licensing Annex 2 – Rules of the Air Annex 3 – Meteorological Service for International Air Navigation Annex 4 – Aeronautical Charts Annex 5 – Units of Measurement to be Used in Air and Ground Operations Annex 6 – Operation of Aircraft Annex 7 – Aircraft Nationality and Registration Marks Annex 8 – Airworthiness of Aircraft Annex 9 – Facilitation Annex 10 – Aeronautical Telecommunications Annex 11 – Air Traffic Services Annex 12 – Search and Rescue Annex 13 – Aircraft Accident and Incident Investigation Annex 14 – Aerodromes Annex 15 – Aeronautical Information Services Annex 16 – Environmental Protection Annex 17 – Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference Annex 18 – The Safe Transport of Dangerous Goods by Air 3.14.5 OTHER FAA DOCUMENTS FAA Order 8300-10D Airworthiness Inspectors Handbook Volume 2, Chapter 3, “Evaluate Category I/II/III/IIIA Landing Minimum Maintenance/Inspection Programs” Volume 2, Chapter 35, “Introduction to FAR Part 91 Related Tasks” Volume 2, Chapter 36, “Evaluate/Inspect FAR Part 91 Operators Aircraft” Section 1, Parts 5, Inspection Programs, Part 7, Computerized Recordkeeping and Alerting Programs Volume 2, Chapter 60, “FAR Part 121/135” Section 1 General Volume 2, Chapter 62, “Evaluate 121/135 Management Personnel Qualifications” Volume 2, Chapter 64 “Evaluate Continuous Airworthiness Maintenance Program Reunion” Sections 1, 9, 11 Volume 2, Chapter 70 “Evaluate FAR Part 121/135.411 (A) (2) Maintenance Training Program Record” Section 1 (11) Volume 2, Chapter 83 “Evaluate FAR Part 135 (9 or less) Approved Aircraft Inspection Program” Volume 2, Chapter 84 “FAR Part 121/135 Operations Specifications Section 1 (29), (33), (35) Volume 2, Chapter 91, “Evaluate FAR Part 135 (nine or less) Operator/Applicant’s Inspection and Maintenance Requirements” Section 1 Volume 2, Chapter 92 “Evaluate FAR Section 135.411 (A) (1) Operators Maintenance Records” Section 2 (1) (3) Volume 2, Chapter 94 “Evaluate FAR Part 135.411 (A) (2) Operators Maintenance Recordkeeping System” FAA Order 8700.1 General Aviation Operators Inspectors Handbook Volume 2, Chapter 55 “Inspect an Executive/Corporate Operator” Volume 2, Chapter 56 “Conduct an FAR Part 91 Ramp Inspection” Volume 2, Chapter 58 “Approve a Minimum Equipment List” NBAA MANAGEMENT GUIDE, 2024-01 279 Appendix NBAA RANGE FORMATS In 1965, NBAA began to compile data on various corporate aircraft; the resulting data was the Jet Range Format. This format and the formats for turboprop airplanes and helicopters are provided in this section. The Business and Commercial Aviation Planning and Purchasing Handbook uses the NBAA Range Format in depicting aircraft performance. The intent of the Range Format was to provide a standard for prospective aircraft purchasers to use in comparing the performance of various aircraft. The format now includes: An aircraft’s maximum range Performance for a 300 nautical mile trip Performance for a 600 nautical mile trip Performance for a 1,500 nautical mile trip Operators must remember that the Range Format is not an operational recommendation on how to plan a flight, but a template used for comparing performance. Each profile describes a trip on a “real-life” basis. For example, trips include a missed approach and a flight to an alternate airport. The origin-to-destination segment may use up to three-step climbs to higher altitudes, at the manufacturer’s discretion. All altitudes and speeds for origin to destination are the optimum for the aircraft involved. The optimum altitude and best fuel speed are used for the destination to alternate stage. For flight stages in which the performance is difficult to measure, some conditions are assumed. For example, a standard instrument approach is considered to be equivalent to the fuel required to fly at 5,000 feet mean sea level (MSL) for 5 minutes. All taxiing is presumed to be done at idle for 10 minutes (for operations under instrument flight rules (IFR) and visual flight rules (VFR). Many aircraft manufacturers state in their advertising that an aircraft has an NBAA IFR/VFR fuel reserve of a certain number of pounds. The NBAA IFR Reserves is defined as the route of flight in the profile that begins at the “K–L” leg and goes through to the end of the flight profile. This is where the aircraft begins its missed approach to divert to an alternate. NBAA MANAGEMENT GUIDE, 2024-01 Appendix INSTRUCTION SHEET FOR NBAA FIXED-WING AIRCRAFT RANGE FORMAT The instructions on the format should provide all information needed to fill in the blanks. In addition, the following comments may be useful. Speeds calculated from C to J should not include the 10 minutes allowed for taxi (A–B) and the one-minute allowed for takeoff (B–C). Subtract this 11 minutes from the total time for speed calculation. The average rate of climb and TAS during climb segments may be the same for VFR and IFR but could vary when different cruise levels for each are selected. Please fill out the format for the following trips: Maximum range IFR and VFR 300 nm IFR only 600 nm IFR only 1,500 nm IFR only (if maximum IFR range exceeds 2,000 nm) For trips other than maximum range, the initial fuel should only be that required for the trip. The alternate and the reserve should be as called for on the format. The payload carried should not exceed about 200 pounds for each passenger and luggage for the maximum number of passenger seats provided in the airplane. Takeoff weigh for these trips will naturally be well under maximum and the runway requirements for takeoff also will be less. For all calculations, use no wind and standard atmospheric conditions. Note the time to the alternate for the aircraft includes a five minute loiter at 5,000 feet for clearance. This is included in the total time to alternate following the missed approach. Although the airplane operation manual may not provide landing runway lengths required for transport operation, the 40 percent (40%) additional runway length for destination and 30 percent (30%) for alternate are the figures to be used on the format. All runway lengths called for on the format are for the airplane gross weights at the time of runway use, at sea level, zero wind and standard temperature. Aircraft basic operating weight should be calculated from the empty weight of an actual airplane (when available) having an executive interior, full electronic equipment plus galley equipment and supplies. Show “N” number when applicable. NBAA MANAGEMENT GUIDE, 2024-01 Appendix NBAA MANAGEMENT GUIDE, 2024-01 Appendix NBAA MANAGEMENT GUIDE, 2024-01 Appendix INSTRUCTION SHEET FOR NBAA ROTARY AIRCRAFT RANGE FORMAT The instructions on the format should provide all information needed to fill in the blanks. In addition, the following comments may be useful. Speeds calculated from B to E should not include the five minutes allowed for start and condition checks (A–B). Subtract this five minutes from the total time for speed calculation. The average rate of climb and TAS during climb segments may be the same for VFR and IFR but could vary when different cruise levels for each are selected. Please fill out the format for the following trips: Maximum range IFR and VFR altitude is required 50 nm range IFR and VFR at 3,000 feet altitude 125 nm range IFR and VFR at 5,000 feet altitude 200 nm range IFR and VFR at 10,000 feet altitude For trips other than maximum range, the initial fuel should only be that required for the trip. The alternate and the reserve should be as called for on the format. The payload carried should not exceed about 200 pounds for each passenger and luggage for the maximum number of passenger seats provided in the helicopter. Aircraft basic operating weight should be calculated from the empty weight of an actual helicopter (when available) having an executive interior and appropriate flight and electronic equipment. NBAA MANAGEMENT GUIDE, 2024-01 Appendix NBAA MANAGEMENT GUIDE, 2024-01 Glossary The Glossary consists of technical terms and acronyms used throughout the NBAA Management Guide. Other commonly used aeronautical terms also are included. AAAE American Association of Airport Executives ABAA Australian Business Aircraft Association. A member of the International Business Aviation Council, Ltd. ABAG Associaçao Brasileira de Aviáçáo Geral. A member of the International Business Aviation Council, Ltd. AC Advisory Circular. A series of external FAA publications consisting of all non-regulatory material of a policy, guidance or informational nature. APS Accident Prevention Specialist. An FAA representative who determines if remedial training can be performed as an enforcement action for a violation. ACDO Air Carrier District Office. An FAA field office serving an assigned geographic area, staffed with Flight Standards personnel serving the aviation industry and the general public on matters related to the certification and operation of scheduled air carriers and other large aircraft operations (Airman’s Information Manual). ACFO Aircraft Certification Field Office ACI Airports Council International AD Airworthiness Directive. A regulatory notice sent out by the FAA to the registered owner of an aircraft informing the owner of a condition that must be corrected for the aircraft to maintain its airworthiness status. ADs are prescribed under FAR Part 39 – Airworthiness Directives. ADAP Airport Development Assistance Program (U.S.) ADS-B Automatic Dependent Surveillance-Broadcast, a satellite-based aircraft monitoring system, will replace the corner-stone technology for monitoring aircraft in the skies and on the ground. ADS-B uses the aircraft’s Global Positioning System (GPS) for position information and transmits its position along with several other data fields including aircraft type, speed, flight number, and whether the aircraft is turning, climbing or descending, which are not transmitted by today’s radar technology. This information is sent to air traffic control (ATC), as well as other aircraft. ADS-B updates an aircraft’s position to ATC once per second, while radar updates ATC once every 3 to 12 seconds. Aircraft equipped with ADS-B that transmit these data field have what is called ADS-B Out. NBAA MANAGEMENT GUIDE, 2024-01 GLOSSARY Rev: - Additional Reservation An approved IFR/VFR reservation above the maximum IFR reservation limit at a high density traffic airport (HDTA). Additional reservations are available for unscheduled operations only. (Advisory Circular 90-43G) ADF Automatic Direction Finder ADIZ Air Defense Identification Zone. The area of airspace over land or water within which the ready identification, the location, and the control of aircraft are required in the interest of national security. (The FAA Statistical Handbook of Aviation: Calendar Year 1989) ADMA Aviation Distributors and Manufacturers Association Administrative Action A type of enforcement action utilized by the FAA under FAR Section 13.11 if an alleged violation meets the following criteria: (1) No significant unsafe condition existed; (2) lack of competency or qualification was not involved; (3) the violation was not deliberate; and (4) the alleged violator has a constructive attitude toward complying with the regulations, and has not been involved previously in similar violations. The action takes the form of either a Warning Notice or a Letter of Correction. (FAA Order 2150.3A) Administrator The Federal Aviation Administrator or any person to whom the Administrator has delegated authority in the matter concerned. (FAR Section 1.1) AFD Airport/Facility Directory. A publication designed primarily as a pilot’s operational manual which contains data on all airports, seaplane bases and heliports open to the public and includes communications data, navigational facilities and certain special notices and procedures. This publication is issued in seven volumes according to geographical area and is available through the National Ocean Service. (Airman’s Information Manual) AFS – Airway Facilities Sector AFP Airspace Flow Program AIA Aerospace Industries Association AIM Airman’s Information Manual. A primary FAA publication whose purpose is to instruct airmen about operating in the National Airspace System of the U.S. It provides basic flight information, ATC procedures and general instructional information concerning health, medical facts, factors affecting flight safety, accident and hazard reporting and types of aeronautical charts and their use. (Airman’s Information Manual) NBAA MANAGEMENT GUIDE- Glossary AIP Aeronautical Information Publication. A publication issued by or with the authority of a State (ICAO member) and containing aeronautical information of a lasting character essential to air navigation. (North Atlantic International General Aviation Operations Manual) Airport Improvement Program (AIP) – A program that provides grants for the planning and development of public-use airports that are included in the National Plan of Integrated Airport Systems (NPIAS). Air Carrier A person who undertakes directly by lease, or other arrangement, to engage in air transportation. (FAR Section 1.1) The commercial system of air transportation, consisting of the certificated air carriers, air taxis (including commuters), supplemental air carriers, commercial operators of large aircraft and air travel clubs. (FAA Statistical Handbook of Aviation: Calendar Year 1989) Air Taxi A classification of air carriers that transports in accordance with FAR Part 135 persons, property and mail using small aircraft. (FAA Statistical Handbook of Aviation: Calendar Year 1989) Air Traffic Hub Air traffic hubs are not airports; they are the city or twin cities requiring aviation services. The hubs fall into four classes that are determined by each community’s percent-age of total enplaned passengers, all services, and all operations of U.S. certificated air carriers in the 50 states, the District of Columbia and other U.S. areas. (FAA Statistical Handbook of Aviation: Calendar Year 1989) Aircraft A device that is used or intended to be used for flight in the air. (FAR Section 1.1) This includes airplanes, helicopters, gliders and others. Aircraft Accident An occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and during which any person suffers death or serious injury or the aircraft receives substantial damage. (NTSB Section 830.2) Aircraft Engine An engine that is used or intended to be used for propelling aircraft. It includes turbo-superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellors. (FAR Section 1.1) NBAA MANAGEMENT GUIDE, 2024-01 Glossary Aircraft Resourcing Options The aircraft resourcing options available to companies can be categorized and defined in six ways: Whole Aircraft In-House Flight Department – An entity being the only registered owner of an aircraft and utilizing an inhouse flight department Whole Aircraft Management Company – An entity being the only registered owner of an aircraft and utilizing a management company Joint Ownership (In-House Flight Department) – Two or more entities are registered owners of an aircraft and one of the owners operates the aircraft for all owners Co-Ownership (Management Company) – Two or more entities are registered owners of an aircraft and use a management company to manage the aircraft for all owners Fractional Ownership – Several entities are registered owners of an aircraft, hire a management company to manage the aircraft and allow the management company to exchange this aircraft among their fleet of aircraft Charter – A company that provides aircraft and crew to the general public for compensation or hire (profit) Airman A pilot, maintenance technician or other licensed aviation technician. Certification standards are found in FAR Part 61, Certification: Pilots and flight instructors; FAR Part 63, Certification: Flight crew members other than pilots; and FAR Part 65, Certification: Airmen other than flight crew members. Medical standards are found in FAR Part 67, Medical standards and certification. Airport Manager The person authorized by the airport authority to exercise administrative control of the airport. Airside The part of the airport facility where aircraft movements take place. Airway Controlled airspace in the form of a corridor in which the centerline is defined. Airworthiness Certificate A certificate issued by the FAA to all aircraft that have met the minimum standards required for certification. Airworthy The condition of an aircraft, engine or component that meets all the requirements for its original certification. ALPA Air Line Pilots Association Altimeter An instrument for registering the height of an aircraft, usually in terms of feet above sea level. AMB Aircraft Maintenance Base AME Aviation Medical Examiner. A licensed physician designated by the Administrator to perform appropriate medical exami- nations and to issue or deny medical certificates prescribed by the FAR. Rules are found in FAR Part 183, Representatives of the Administrator. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Annexes ICAO Standards and Recommended Practices (SARPS) Annual Inspection A complete inspection of an aircraft and engine required by FAR Section 91.409 to be accomplished every 12 calendar months on all certificated aircraft. AOPA Aircraft Owners and Pilots Association A&P Airframe & Powerplant Maintenance Technician. An aircraft maintenance technician who has met the experience and knowledge requirements of the FAA and is authorized to return an aircraft to service after certain inspections and main- tenance procedures. Certification standards are found in FAR Part 65, Certification: Airmen other than flight crew members. Appliance Any instrument, mechanism, equipment, part, apparatus, appurtenance or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, engine, or propeller. (FAR Section 1.1) Apron Area on the airside of the terminal where aircraft are parked and where handling activities take place. (Also known as a ramp.) Approved Data Data that may be used as an authorization for the techniques or procedures for making a repair or an alteration to a certificated aircraft. Approved data may consist of such documents as Advisory Circular 43.13-1A or 2A, Manufacturers’ Service Bulletins, Manufacturer’s kit, instructions, Airworthiness Directives or specific details of a repair issued by the engineering department of the manufacturer. AQP Advanced Qualification Program. A program approved un- der Subpart Y of Part 121. It provides an alternate method of qualifying, training, certifying and otherwise ensuring the competency of flight crew members, flight attendants, aircraft dispatchers, instructors, evaluators and other operations' personnel subject to the training and evaluation requirements of Part 121 or Part 135. Area Control Center (ACC) An ICAO term for an air traffic control facility primarily responsible for providing ATC services to IFR aircraft in controlled areas under its jurisdiction. An ACC is the international equivalent of an Air Route Traffic Control Center (ARTCC). (North Atlantic International General Aviation Operations Manual) NBAA MANAGEMENT GUIDE, 2024-01 Glossary ARINC Aeronautical Radio, Inc. A corporation largely owned by a group of airlines, and licensed as an aeronautical station. ARINC is contracted by the FAA to provide communications support for air traffic control and meteorological services in portions of international (usually oceanic) airspace. (North Atlantic International General Aviation Operations Manual) ARO Airport Reservations Office. An operational unit of the Traffic Flow Management Branch responsible for administration of IFR reservations in accordance with FAR Part 93, Subpart K and agency procedures issued thereunder. (Advisory Circular 90-43G) ARSA Airport Radar Service Area ARTCC Air Route Traffic Control Center. A facility established to provide air traffic control service to aircraft operating on IFR flight plans within controlled airspace and principally during the en route phase of flight. When equipment capabilities and controller workload permit, certain advisory/assistance services may be provided to VFR aircraft. (Airman’s Information Manual) ASM Available Seat-Miles ASO Airport Service Organization ASR Airport Surveillance Radar ATA Air Transport Association of America ATA System ATA’s standardized format for maintenance manuals. ATC Air Traffic Control. A service operated by appropriate authority to promote the safe, orderly and expeditious flow of air traffic. (FAR Section 1.1) ATCSCC FAA Air Traffic Control System Command Center ATCT Air Traffic Control Tower. A central operations' facility in the terminal air traffic control system, consisting of a tower cab structure, including an associated IFR room if radar equipped, using air/ground communications and/or radar, visual signaling and other devices, to provide safe and expeditious movement of terminal air traffic. ATS Air Traffic Services NBAA MANAGEMENT GUIDE, 2024-01 Glossary AWOS Automated Weather Observing System. A weather reporting system that consists of various sensors, a processor, a computergenerated voice subsystem and a transmitter to broadcast local, minute-by-minute weather data directly to the pilot. Some systems are configured to permit the addition of an operator-generated voice message. Similar to the National Weather Service’s Automated Surface Observation System (ASOS). Automatic Reinstatement A policy provision that automatically restores the prior insured value of an aircraft after completion of repairs. Average Stage Length The total number of travel miles divided by the total landings or takeoffs. It is generally expressed in nautical miles for operational purposes and occasionally in statute miles for business purposes. Azimuth The angle from the north (moving clockwise) graduated into 360 degrees. BAAI Business Aviation Association for India. A member of the International Business Aviation Council, Ltd. BAASA Business Aviation Association for Southern Africa. A division of the CAA/SA and a member of the International Business Aviation Council, Ltd. Based Aircraft Aircraft permanently stationed at an airport by agreement between the owner and the airport management. BBGA British Business and General Aviation Association. A business aircraft operator’s association in the United Kingdom and a member of the International Business Aviation Council, Ltd. Formerly Business Aircraft Users Association, Ltd. Bilateral Agreement Agreement or treaty between two nations to establish inter-national services. Block Time The time from the moment the aircraft first moves under its own power for the purpose of flight until the moment it comes to rest at the next point of landing. Also known as flight time. (FAR Section 1.1) BRNAV Basic RNAV, or Basic Area Navigation System, is what Required Navigational Performance (RNP) is known as in continental Europe. See also RNP. Bogus Parts Parts not approved for use in a certificated airplane. These parts are often marked to appear to be authorized parts, but when installed in an airplane, safety may be compromised. CAA/SA Commercial Aviation Association of South Africa. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Cabotage Known as the fifth “freedom of the air” in which an aircraft picks up passengers, cargo and mail at one point in a state, other than the state of its own registry, and discharges same at another point in the grantor’s state. Cabotage Rights Right of an aircraft from country A to carry traffic between two points in country B. Category (of Aircraft) A grouping of aircraft based upon intended use or operating limitations such as airplane, rotor-craft or glider. (FAR Section 1.1) CBAA Canadian Business Aircraft Association, Inc. A business aircraft operators association based in Canada and a member of the International Business Aviation Council, Ltd. CAM Certified Aviation Manager. A business aviation professional who has been certified as having a distinct level of industry knowledge, experience and qualifications. CDM The Collaborative Decision Making (CDM) Workgroup is a joint government/industry initiative that works to improve airspace flowcontrol and decision-making as well as long- term strategic planning in the National Airspace System. Certificated Air Carrier An air carrier holding a Certificate of Public Convenience and Necessity issued by DOT to conduct scheduled services. These carriers operate large aircraft in accordance with FAR Part 121. Nonscheduled or charter operations also may be conducted by these carriers without holding a Certificate of Public Convenience and Necessity under FAR Part 135. Certificated Flight Instructor CFI. A certificated pilot authorized by the FAA to give flight training. Certification requirements are found in FAR Part 61, Certification: Pilots and flight instructors. CFR Code of Federal Regulations Charter See aircraft resourcing options. Check Pilot A pilot designated by the company and/or the FAA to check other pilots to determine their proficiency with respect to procedures and techniques to perform their various piloting duties. Regulations for those designated by the FAA are found in FAR Part 183, Representatives of the Administrator. Chief Pilot Designated pilot whose experience as a leader and competence as a pilot is a qualification to direct other pilots. Chief pilot requirements for an operator certificated under FAR Part 135 can be found in Part 119.71, under Management personnel qualifications. No regulations exist for operations under FAR Part 91. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Class (of Aircraft) A broad grouping of aircraft having similar characteristics of propulsion, flight or landing. (FAR Section 1.1) Examples are landplane, seaplane, helicopter, gyroplane and free balloon. Class Rate The premium that is estimated by an insurance company to be adequate for a particular risk. Co-Ownership See aircraft resourcing options. Coinsurance Two or more policies issued by different insurance companies covering the same risk. Also, a sharing of a risk by the insurer and the insured on a percentage basis. Commercial Operator A person who, for compensation or hire, engages in carriage by aircraft in air commerce of persons or property, other than as an air carrier or foreign air carrier or under the authority of FAR Part 375. Where it is doubtful that an operation is for “compensation or hire,” the test applied is whether the carriage by air is merely incidental to the person’s other business or is, in itself, a major enterprise for profit. (FAR Section 1.1) Common Carrier Transportation company that offers its services for public use. Competency Check A flight check given by a check airman to determine a pilot’s competence in practical skills in that aircraft or class of aircraft. COMSAT U.S. Signatory to Inmarsat Providing Satellite Communications. Conflict of Laws Differences of law in different counties, municipalities, states or countries, affecting people who have made agreements or contracts in two or more of said areas. Controlled Airspace Controlled airspace means an airspace of defined dimensions within which air traffic control service is provided to IFR flights and to VFR flights in accordance with the airspace classification. Controlled airspace is a generic term that covers Class A, Class B, Class C, Class D and Class E airspace. CONUS Continental United States Corporate Business Aircraft Aircraft that is corporate-owned or operated, flown by a professional flight crew and used for the transportation of executives, employees, customers and guests. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Corporate Flying Use of aircraft, owned or leased, that are operated by a corporation for the transportation of personnel or cargo and are flown by a professional flight crew who receive direct salary and compensation from the corporation for that service. Country-of-Origin Right of each country to establish whatever conditions it requires for air services originating from it. Crew member A person assigned to perform duty in an aircraft during flight time. CTOP Collaborative Trajectory Options Program. CVR Cockpit Voice Recorder. dBA (A-weighted sound pressure level) A sound pressure level that has been filtered or weighted to quantitatively reduce the effect of low frequency noise. It is designed to approximate the response of the human ear. Decibel A logarithmic measurement used to define the relative intensity or ratio of sound. It is noted by the symbol dB. DG Directional Gyro Differences Training The training required for crew members and dispatchers who have qualified and served on a particular airplane, when the Administrator finds differences training is necessary for a crew member to serve in the same capacity on a particular variation of that airplane. DME Distance Measuring Equipment DMIR Designated Manufacturing Inspection Representative DOD Department of Defense (U.S.) DP Departure Procedure Dry Lease Refers to the lease of the aircraft only. The flight crew is not included in the lease package. (Advisory Circular 91-37A) DUAT Direct User Access Terminal. A personal computer system used to retrieve weather/NOTAMs and to file flight plans. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Duty Time The total amount of time a flight crew member is on duty, beginning when the person reports for an assignment and ending when the person is released from that assignment. It includes all flight and non-flight related tasks. EAA Experimental Aircraft Association EBAA European Business Aviation Association. A pan-European business aircraft operators association and a member of the International Business Aviation Council, Ltd. EBAA France European Business Aviation Association – France. A member of the International Business Aviation Council, Ltd. ECAC European Civil Aviation Conference EDCT Estimated Departure Clearance Time EFB Electronic Flight Bag EFIS Electronic Flight Information System ELT Emergency Locator Transmitter. A small, self-contained radio transmitter that will manually or automatically, upon the impact of a crash, transmit an emergency signal on 121.5, 243.0 and/or 406 MHz. Requirements for aircraft are found in FAR Section 91.207 and ICAO Standards and Recommended Practices, Annex 6, Parts 1 and 2. Note: In the year 2009, 121.5/243 MHz will no longer be monitored via satellite-based monitoring. After the date of satellite monitoring termination in 2009, 121.5 MHz signals transmitted from ELTs operated on the lower frequency only will be detected by ground-based receivers or over-flying aircraft. EMDO Engineering Manufacturing District Office Enhanced Vision System (EVS) A system that uses infrared and very low frequency wave-length radar to penetrate visually limiting meteorological phenomenon. EPA Environmental Protection Agency ETA Estimated Time of Arrival Exclusions Certain clauses in an insurance policy that specify situations or special conditions in which coverage would be invalidated. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Exemption A provision in FAR Part 11 of the Federal Aviation Regulations for a person, certificate holder or organization (such as NBAA) to be exempt from the requirements of a regulation. FAA Federal Aviation Administration (FAR Section 1.2) FANS The ICAO Council Special Committee for Future Air Navigation Systems FAR Federal Aviation Regulations. Title 14 of the Code of Regulations. Fatal Injury Any injury that results in death within 30 days of the accident. (NTSB Section 830.2) FBO Fixed Base Operator FCA Flow Constrained Area FCC Federal Communications Commission FDA Flight Data Recorder FEA Flow Evaluation Area FEC Federal Election Commission FIFO Flight Inspection Field Offices Financial Responsibility Laws Laws structured to make it impossible for the reckless and financially irresponsible operator of a conveyance to secure a commercial operator’s license unless there is a guarantee that he or she is able to pay, within the limits established by the statutes, damages for which he or she becomes liable. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Five Freedoms of the Air (1) The right to fly over the territory of a foreign nation without landing; (2) the right to land on the territory of a foreign nation for non-traffic purposes (i.e., refueling, emergency repairs); (3) the right to put down in a foreign country passenger, mail and cargo taken on in the state whose nationality the aircraft possesses; (4) the right to take on passengers, mail and cargo in a foreign country for the state whose nationality the aircraft possesses; and (5) the right to put down or take on in a foreign country passenger, mail and cargo from or for the territory of a foreign country. (Also referenced is an unofficial “sixth freedom” that allows total freedom from constraints.) Flight Attendant A crew member assigned to duty on an aircraft, whose primary responsibility is ensuring passenger safety and comfort, and whose training includes instruction in aircraft familiarization, evacuation procedures, emergency procedures and passenger handling. Flight Crew Member A pilot, flight engineer, or flight navigator assigned to duty in an aircraft during flight time. (FAR Section 1.1) Flight Information Center (FIC) A unit established to provide flight information service and alerting service. (North Atlantic International General Aviation Operations Manual) Flight Information Region (FIR) An airspace of defined dimensions within which flight information service and alerting services are provided. (North Atlantic International General Aviation Operations Manual) Flight Test Flight for the purpose of investigating the operation/flight characteristics of an aircraft or aircraft component; or a flight for the purpose of evaluating an applicant for a pilot certificate or rating. (Airman’s Information Manual) Flight Time The time from the moment the aircraft first moves under its own power for the purpose of flight until the moment it comes to rest at the next point of landing. Also known as block to block time. (FAR Section 1.1) FMS Flight Management System. An on-board computer system that integrates multiple sources of navigation input from a database and real time entries. Fractional Ownership See aircraft resourcing options. FSD Federal Security Director FSDO Flight Standards District Office. An FAA field office serving an assigned geographical area and staffed with Flight Standards personnel who serve the aviation industry and the general public on matters relating to the certification and operation of air carrier and general aviation aircraft. Activities include general surveillance of operational safety, certification of airmen and aircraft, accident prevention, investigation, enforcement, etc. (Airman’s Information Manual) NBAA MANAGEMENT GUIDE, 2024-01 Glossary FSF Flight Safety Foundation, Inc. FSS Flight Service Station. Air traffic facilities that: (1) provide pilot briefing, en route communications and VFR search and rescue services; (2) assist lost aircraft and aircraft in emergency situations; (3) relay ATC clearances; (4) originate notices to airmen; (5) broadcast aviation weather and national airspace system information; (6) receive and process IFR flight plans; and (7) monitor navigation aids. In addition, at selected locations, an FSS provides en route flight advisory service, take weather observations, issue airport advisories, and advise customs and immigration of trans-border flights. (Airman’s Information Manual) GAMA General Aviation Manufacturer’s Association. An association of U.S. manufacturers of general aviation aircraft. GBAA German Business Aviation Association. A business aircraft operator’s association in Germany and a member of the International Business Aviation Council, Ltd. GDP Ground Delay Program. GDPs are implemented to control air traffic volume arriving at airports where the projected traffic demand is expected to exceed the airport’s acceptance rate for a given period of time. Periods of demand exceeding acceptance rate are normally a result of the airport’s acceptance rate being reduced for some reason. The most common reason for a reduction in acceptance rate is adverse weather such as low ceilings and visibility. General Aviation The portion of civil aviation that encompasses all facets of aviation except scheduled air carriers, state-operated and military aircraft. General Aviation Airport (Public Airport) Airport that is used for public purposes, under the control of a public agency, and whose landing area is publicly owned; these airports service aircraft owned by private individuals or firms that are used primarily for business and recreational flying. GPS Global Positioning Satellite Navigation System, which is operated by the U.S. Department of Defense. HAI Helicopter Association International HUD Head-Up Display. It presents electronic flight information in the pilot’s field of vision while the pilot looks through the windshield. IA Inspection Authorization. An FAA certificate issued to an individual under FAR Section 65.91 granting authority to certify that specific maintenance inspections have been completed in order to return aircraft to service after maintenance, alterations or repairs. IAOPA International Aircraft Owners and Pilots Association NBAA MANAGEMENT GUIDE, 2024-01 Glossary IATA International Air Transport Association IBAA Italian Business Aviation Association. A member of the International Business Aviation Council, Ltd. IBAC International Business Aviation Council, Ltd. An organization based in Montreal that represents, promotes and protects the interests of business aviation in international forums. ICAO International Civil Aviation Organization (FAR Section 1.2). A specialized agency of the United Nations whose objective is to develop the principles and techniques of international air navigation and to foster planning and development of international civil air transport. (Airman’s Information Manual) ICAO Airport Designated U.S. airports serving international operations. ICAO airports are those designated under Article 68 of the Convention on International Civil Aviation as airports serving international operations (for traffic or refueling purposes). U.S. airports so designated are identified in ICAO Regional Air Navigation Plans, Document 8755 (North Atlantic, North American, and Pacific Region) and Document 8733 (Caribbean and South American Regions) and include those regularly served by scheduled and nonscheduled international commercial air transport, those designated as alternates, and those used regularly by international general aviation flights. (Advisory Circular 150/5000-5B) ICAP Interagency Committee on Aviation Policy ICC Interstate Commerce Commission IFIM International Flight Information Manual (FAA) IFR Instrument Flight Rules (FAR Section 1.2) IFSS International Flight Service Station. A central operations' facility in the flight advisory system, staffed and equipped to control aeronautical point-to-point telecommunications and air/ground telecommunications with pilots operating over international territory or waters, which provides flight plan following, weather information, search and rescue action and other flight assistance operations. (FAA Statistical Handbook of Aviation: Calendar Year 1989) IGA International General Aviation. All international civil aviation operations other than scheduled air services and non-scheduled air transport operations for remuneration or hire. (North Atlantic International General Aviation Operations Manual) IGIA Interagency Group on International Aviation. An association that coordinates U.S. response of federal agencies and the aviation community to international aviation forums. NBAA MANAGEMENT GUIDE, 2024-01 Glossary ILS Instrument Landing System (FAR Section 1.2) Incident An occurrence other than an accident associated with the operation of an aircraft, that affects or could affect the safety of operations. (NTSB Section 830.2) In-flight This refers to maneuvers, procedures or functions that must be conducted in the airplane. In-House Flight Department See aircraft resourcing options. Initial Operating Experience (IOE) A pilot who has completed training for a position and aircraft type must perform this flight with a check airman. The minimum hours are: 10 hours for a single-engine aircraft; 15 hours for a multiengine reciprocating aircraft; 20 hours for a multiengine turbineengine-powered aircraft; 25 hours for a turbojet-powered airplane. Requirements are found in FAR Section 135.244. Initial Training The training required for crew members who have not qualified and served in the same capacity on another airplane of the same group. INMARSAT International Maritime Satellite INOTAMS International Notices to Airmen INP Inertial Navigation Platform INS Inertial Navigation System International Airports of Entry These airports that have been designated as international airports for customs purposes. They are open to all international aircraft for entry and clearance purposes without the necessity of obtaining permission. However, advance notice of arrival is required so inspectors may be available. Designation as an international airport of entry follows application by the airport operator and finding by the U.S. Customs Service that the airport will generate sufficient international traffic. An airport of entry must provide adequate space and facilities for customs and federal inspection purposes and satisfy certain other requirements established by the U.S. Customs Service. (Advisory Circular 150/5000-5B) Investigations A procedure used by the FAA under FAR Part 13 to review the existence of an alleged violation. The FAA is authorized to conduct investigations, hold hearings, issue subpoenas, require the production of relevant documents, records and property, and take evidence and depositions. IRC Internal Revenue Code NBAA MANAGEMENT GUIDE, 2024-01 Glossary JBAA Japan Business Aviation Association. A member of the International Business Aviation Council, Ltd. Joint Ownership See aircraft resourcing options. Landing Rights Airports Landing rights airports are those airports where incoming international flights must obtain prior permission to land and must furnish advance notice of arrival to U.S. Customs. This category of airports includes most of the so-called “major” U.S. international airports. Advance notice of arrival may be transmitted via flight plans at those airports where Advise Customs (ADCUS) service is available and such notice is treated as application for permission to land. Customs officers may, at their discretion, grant blanket “landing rights” to individuals or companies at certain airports for a specific period of time, in which case advance notices of arrival are the only requirement. This blanket permission is generally given for scheduled airline flights at busy landing rights airports. (Advisory Circular 150/5000-5B) Large Aircraft An aircraft with a maximum gross weight of more than 12,500 pounds. (FAR Section 1.1) Layover Time spent by the aircraft and crew in the middle of a trip other than at home base. Lease Agreement by which the owner of a property rents and permits it to be used by a tenant or lessee on payment of a consideration. Leaseback A sale of property with a lease given by the purchaser back to the original owner. Letter of Correction A letter or form from the FAA to an alleged violator that (1) brings to the attention of the alleged violator the facts and circumstances of the incident; (2) advises that, based on available information, such operations or practices are contrary to the regulations; (3) states that the matter has been corrected and/or does not warrant legal enforcement action; and (4) requests future compliance with the regulation. It is intended to be used when there is agreement with the company, organization, or airmen that corrective action acceptable to the FAA has been taken, or will be taken, within a reasonable time. (FAA Order 2150.3A) Letter of Investigation A written notification, which is not required, from the FAA to an alleged violator of an FAA investigation. Lien A claim against another’s property. Lien (Mechanic’s) The right of maintenance personnel to retain property in their control until services rendered have been paid for in full. Line Check A check, given by a check airman, that consists of a flight over a typical route. Localizer Electronic course guidance to the runway used in a precision instrument approach to a landing. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Loran Long Range Navigation. An electronic navigation system by which hyperbolic lines of position are determined by measuring the difference in the time of reception of synchronized pulse signals from two fixed transmitters. This allows for direct navigation from any point to any point within the area of coverage. Mach Number (M) The ratio of true airspeed to the speed of sound. (FAR Section 1.1) Maintenance Inspection, overhaul, repair, preservation and replacement of parts of airframes, powerplants, propellers, rotors and appliances. This term excludes preventive maintenance. (FAR Section 1.1) Maintenance Manual A manual produced by the manufacturer of an aircraft, aircraft engine or component that details the approved method of maintenance. Maintenance Release A return to service approval in the appropriate maintenance record. Major Alteration An alteration not listed in the aircraft, aircraft engine or propeller specifications that might appreciably affect weight, balance, structural strength, performance, powerplant operation, flight characteristics or other qualities affecting airworthiness; or that is not done according to accepted practices or cannot be done by elementary operations. (FAR Section 1.1). A list of alterations considered major appears in Appendix A of FAR Part 43, and recordkeeping requirements are found in Appendix B of FAR Part 43. Major Repair A repair that, if properly done, might appreciably affect weight, balance, structural strength, performance, powerplant operation, flight characteristics or other qualities affecting airworthiness; or that is not done according to accepted practices or cannot be done by elementary operations. (FAR Section 1.1). A list of repairs considered major appears in Appendix A of FAR Part 43 and recordkeeping requirements are found in Appendix B of FAR Part 43. Marker Beacon Instrument that provides aural and/or visual identification of a specific position along an instrument approach landing. MEBAA Middle East Business Aviation Association. A member of the International Business Aviation Council, Ltd. MEL Minimum Equipment List. A list of aircraft appliances and equipment that must be functioning for an aircraft to be flown. Approval requirements are found in FAR Section 91.213 MIDO Manufacturing Inspection District Office. Provides for original and supplemental airworthiness certification approval of civil aircraft, engines, propellers, parts and appliances and conducts inspection surveillance of manufacturing facilities producing civil aircraft, engines and propellers to determine compliance with prescribed safety standards. This office could be helpful when preparing to export an aircraft. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Miles-in-Trail Restrictions A traffic management tool used to control the amount of traffic destined for or passing through Center Sectors that have temporary capacity constraints. Minor Alteration An alteration other than a major alteration. (FAR Section 1.1) Minor Repair A repair other than a major repair. (FAR Section 1.1) MIS Management Information Systems. Computer-controlled systems management. MLS Microwave Landing System. A precision instrument approach system operating in the microwave spectrum that consists of an azimuth station, an elevation station and precision distance measuring equipment. (Airman’s Information Manual.) MNPS Minimum Navigation Performance Specification. A specified set of minimum navigation performance standards that aircraft must meet in order to operate in MNPS-designated airspace. In addition, aircraft must be certified by the State of Registry for MNPS operation. The objective of MNPS is to ensure the safe separation of aircraft and to derive maximum benefit, generally through reduced separation standards, from the improvement in accuracy of navigation equipment developed in recent years. (North Atlantic International General Aviation Operations Manual) MNPSA Minimum Navigation Performance Specification Airspace. A portion of the North Atlantic airspace between FL275 and FL400 extending between latitude 27º North and the North Pole, bounded in the east by the eastern boundaries of control areas Santa Maria Oceanic, Shanwick Oceanic and Reykjavik, and in the west by the western boundary of Reykjavik control area, the western boundary of Gander Oceanic control area and the western boundary of New York Oceanic control area excluding the area west of 60º West and south of 3830º North. (North Atlantic International General Aviation Operations Manual) Mode C Altitude-reporting mode of secondary radar used with AT-CRBS transponders. Requirements for when transponders are needed are found in FAR Section 91.215. Mode S Discrete, addressable secondary radar system that may also include data link. MRO Maintenance Repair Order. Order received from customer for repair or replacement. National Airspace System The common network of U.S. airspace; navigation aids; communication facilities; aeronautical charts and information; rules, regulations, and procedures; technical information; and FAA manpower and material. Included are system components shared jointly with the military. In addition to all designated airspace, the system includes the following components: air navigation facilities and airports. NBAA MANAGEMENT GUIDE, 2024-01 Glossary NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NAT North Atlantic Airspace NAT/SPG North Atlantic/Special Planning Group. An ICAO group consisting of countries that abut the North Atlantic and of users of the North Atlantic. NATA National Air Transportation Association NBAA National Business Aviation Association. Founded in 1947, NBAA is the leading organization for companies that rely on general aviation aircraft to help make their businesses more efficient, productive and successful. NBAA is a member of the International Business Aviation Council, Ltd. NDB Nondirectional Radio Beacon (FAR Section 1.2) NFDC National Flight Data Center. A facility in Washington, DC, established by the FAA to operate a central aeronautical information service for the collection, validation and dissemination of aeronautical data in support of the activities of government, industry and the aviation community. The information is published in the National Flight Data Digest. (Airman’s Information Manual) NFDD National Flight Data Digest. A daily (except weekends and federal holidays) publication of flight information appropriate to aeronautical charts, aeronautical publications, notices to airmen or other media serving the purpose of providing operational flight data essential to safe and efficient aircraft operations. (Airman’s Information Manual) Noise Abatement Procedure for aircraft operating at an airport so as to minimize the impact of noise on the local environment. NBAA’s Noise Abatement Program is a set of objectives and operating procedures used to reduce noise exposure for people on the ground. The procedures, established in 1967, are recommended as a standard for all aircraft whose manufacturers have not recommended specific noise-abatement procedures. Noise Contou Continuous line on a map of an airport and its vicinity that connects points of the same noise exposure level NOPAC North Pacific Airspace NBAA MANAGEMENT GUIDE, 2024-01 Glossary NOTAM Notice to Airmen. A notice containing information (not known sufficiently in advance to publicize by other means) concerning the establishment, condition or change in any component (facility, service, or procedure of, or hazard in the National Airspace System), the timely knowledge of which is essential to personnel concerned with flight operations. NOTAM(D) – A NOTAM given (in addition to local dissemination) distant dissemination beyond the area of respon- sibility of the flight service station. These NOTAMs are stored and available until canceled. FDC NOTAM – A NOTAM regulatory in nature, transmitted by USNOF and given system-wide dissemination. Notice of Proposed Certificate Action The required notice given to a certificate holder of the FAA’s intention to order the suspension or revocation of a certificate. This notice is not required if an emergency order is issued. Regulations on certificate actions are found in FAR Section 13.19. (FAA Order 2150.3A) NPIAS National Plan of Integrated Airport Systems NTIS National Technical Information Service NTSB National Transportation Safety Board OAC Oceanic Area Control Center. Any Area Control Center (ACC) with jurisdiction over oceanic airspace for the purpose of providing air traffic services. Responsibility for the provisions of air traffic services is delegated to various countries based primarily upon geographic proximity and the availability of the required resources. (North Atlantic International General Aviation Operations Manual) OAG Official Airline Guide Oceanic Airspace Airspace over the high seas, for which ICAO delegates responsibility for the provision of ATS to various countries. Omega Network of eight very-low-frequency stations located around the world that provides navigational signals normally used in conjunction with a very low frequency (VLF) system for long-range point to point navigation over remote areas. 100-Hour Inspection An inspection of a commercially operated aircraft required by FAR Section 91.409 within each 100 hours time in service in accordance with procedures prescribed by the FAA. Open Skies Policy Concept that promotes unrestricted use of airspace and airports by all users. Operator Any person who causes or authorizes the operations of an aircraft, such as the owner, lessee or bailee of an aircraft. (NTSB Section 830.2) NBAA MANAGEMENT GUIDE, 2024-01 Glossary OSHA Occupational Safety and Health Administration OTS Organized Track System. A movable system of oceanic tracks that traverses the North Atlantic between Europe and North America. The physical position is determined twice daily to take advantage of the winds aloft. (Airman’s Information Manual) PAMA Professional Aviation Maintenance Association PANS Procedure for Air Navigation Services PAR Precision Approach Radar (FAR Section 1.2). Radar equipment in some air traffic control facilities operated by the FAA and/or the military services at joint-use civil/military locations and separate military installations to detect and display azimuth, elevation and range of aircraft on final approach course to a runway. (Airman’s Information Manual) Payload The weight an aircraft can carry including passengers, fuel, cargo and baggage. PIC Pilot In Command. The pilot responsible for the operation and safety of an aircraft during flight time. (FAR Section 1.1) PMA Parts Manufacturer Approval. An approval necessary for a manufacturer to produce a modification or replacement on a type certificated product. Requirements are found in FAR Section 21.303. PMI Principal Maintenance Inspector POI Principal Operations Inspector PPE Pilot Proficiency Examiner Preventive Maintenance Simple or minor preservation operations and the replacement of small standard parts not involving complex assembly opera- tions (FAR Section 1.1). Paragraph (c) of Appendix A of FAR Part 43 lists work that falls under preventive maintenance. PRNAV Precision Area Navigation. RNAV that meets a track-keeping accuracy equal to or better than ±1 nm for 95 percent of the flight time. Proficiency Check A check given by a check airman to flight crew members to test the ability of the pilot in specific situations and maneuvers. Commercial requirements are found in FAR Section 135.297. Non-commercial requirements are found in FAR Section 61.58. NBAA MANAGEMENT GUIDE, 2024-01 Glossary Progressive Inspection A continuing sequential airworthiness inspection of an aircraft and its various components and systems at scheduled intervals in accordance with procedures approved by the FAA. Approval requirements are found in FAR Section 91.409. Propeller A device for propelling an aircraft that has blades on an engine-driven shaft and that, when rotated, produces a thrust approximately perpendicular to its plane of rotation. It includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engines. (FAR Section 1.1) PSI Principal Security Inspector. RAARegional Airline Association RAC Rules of the Air and Traffic Services Recurrent Training The training required for crew members to remain adequately trained and currently proficient for each aircraft, position and type of operation in which the crew member serves. Reliever Airport An airport to serve general aviation aircraft that might otherwise use a congested, air-carrier-served airport. Report of Violation A report made under FAR Section 13.1 by any person who knows of a violation of the Federal Aviation Act of 1958, as amended, the Hazardous Materials Transportation Act relating to the transportation and shipment by air of hazardous materials, the Airport and Airway Development Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or any rule, regulation or order issued thereunder to the appropriate personnel at any FAA regional or district office. Reservation An authorization received in compliance with FAR Part 93, to operate to and/or from a designated high density traffic airport (HDTA). A reservation is normally allocated on an hourly basis. However, the total hourly reservation limit could be further broken down to a 30-minute time period limit. A reservation flight may operate only within the approved hour or half hour, unless the flight encounters a traffic delay. (Advisory Circular 90-43G) RNAV Area Navigation System. A method of navigation that permits aircraft operations on any desired course within the coverage of station-referenced navigation signals or within the limits of self-contained system capability. (FAR Section 1.1) RNP Required Navigational Performance is the specified navigation capability necessary for aircraft to operate within a defined airspace. RNP capabilities of the aircraft are based on its navigational accuracy within the horizontal plane. RNP/AR Required Navigation Performance/Authorization Required. A type of approach or departure with a specified required level of performance and capability that requires special aircraft certification and aircrew training. Procedures may include radius-to-fix (RF) legs. NBAA MANAGEMENT GUIDE, 2024-01 Glossary RTCA RTCA, Inc. is a private, not-for-profit corporation that develops consensus-based recommendations regarding communications, navigation, surveillance and air traffic management (CNS/ATM) system issues. RTCA functions as a Federal Advisory Committee. Its recommendations are used by the FAA as the basis for policy, program and regulatory decisions and by the private sector as the basis for development, investment and other business decisions. Runway IncursionAny occurrence at an aerodrome involving the incorrect presence of an aircraft, vehicle or person on the protected area of a surface designated for the landing and takeoff of aircraft. RVSM Reduced Vertical Separation Minima (RVSM) reduces the vertical separation between flight level (FL) 290–410 from 2,000 feet to 1,000 feet and makes six additional FLs available for operation. The additional FLs enable more aircraft to fly more time-and fuelefficient profiles and provides the potential for enhanced airspace capacity. RVSM operators must receive authorization from the appropriate civil aviation authority. RVSM aircraft must meet required equipage and altitude-keeping performance standards. Operators must operate in accordance with RVSM policies/procedures applicable to the airspace where they are flying. RVR Runway Visual Range. An instrumentally derived value, based on standard calibrations, that represents the horizontal distance a pilot will see down the runway from the approach end. It is based on the sighting of either high intensity runway lights or on the visual contrast of other targets, whichever yields the greater visual range. (Airman’s Information Manual) SARP Standards and Recommended Practices (ICAO) SENEL Single Event Noise Exposure Limit, expressed in dBA Serious Injury An injury that (1) requires hospitalization for more than 48 hours, commencing within 7 days after the date the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second or third degree burns or any burns affecting more than 5 percent of the body surface. (NTSB Section 830.2) SID Standard Instrument Departure. A pre-planned IFR air traffic control departure procedure printed for pilot use in graphic and/or textual form. It provides transition from the terminal to the appropriate en route structure. (Airman’s Information Manual) There are two types of SIDs: Air Traffic Control (ATC) SIDs that are intended to maximize traffic flow efficiencies for ATC Obstacle Departure Procedure (ODP) SIDs that are designed to separate departing aircraft from known obstacles via TERPs designs SIFL Standard Industry Fare Level. An airline industry statistic maintained by the Department of Transportation, which includes specific cents-per-mile rates for three different ranges of statute mileage and a fixed terminal charge. SITA Society Internationale de Telecommunications Aeronautiques NBAA MANAGEMENT GUIDE, 2024-01 Glossary Small Aircraft An aircraft with a maximum gross weight of 12,500 pounds or less (FAR Section 1.1) SMIR Standard Manufacturing Inspection Representative SOP Standard Operating Procedure SPG Special Planning Group (ICAO) Stage 1. In turbine engine construction, a single turbine wheel having a number of turbine blades. 2. In aircraft certification, the delineation of the various certificate noise levels and airplanes that meet those noise levels. Stage 1/Chapter 1 The lowest of the three aircraft noise classes created in 1977, when the FAA amended FAR Part 36 to provide for three levels of aircraft noise certification standards. Stage 2/Chapter 2 The noise limit for newly designed large aircraft imposed in 1973 following the establishment of the FAA’s first noise regulation – FAR Part 36. The international (ICAO) equivalent noise standard is known as ICAO Chapter 2. Stage 3/Chapter 3 A more stringent aircraft noise limit that applied to aircraft for which new type certificates were applied for on or after November 5,1975. This category of noise certification was created in 1977, when the FAA amended FAR Part 36 to provide for three stages of aircraft noise levels. The international (ICAO) equivalent noise standard is known as ICAO Chapter 3. Stage 4/Chapter 4 The most recent and most stringent aircraft noise certification limit that applies to aircraft for which new type certificates are applied for on or after January 1, 2006. The international equivalent noise standard is known as ICAO Chapter 4. STAR Standard Terminal Arrival procedure. A pre-planned IFR air traffic control arrival procedure published for pilot use in graphic and/or textual form. It provides transition from the en route structure to an outer fix or an instrument approach fix/ arrival waypoint in the terminal area. (Airman’s Information Manual) STC Supplemental Type Certificate. A certificate authorizing an alteration to an airframe, engine or component that has been granted an Approved Type Certificate. The procedures for the issuance and changes to supplemental type certificates are found in FAR Part 21 – Certification and Procedures for Products and Parts. STMP Special Traffic Management Program. Reservation program implemented to regulate arrivals and/or departures at airports that are in areas hosting special events of national significance. STMPs may or may not include airport slot reservations. NBAA MANAGEMENT GUIDE, 2024-01 Glossary STOL Short Takeoff and Landing Substantial Damage Damage or failure that adversely affects the structural strength, performance or flight characteristics of the aircraft, and that normally would require major repair or replacement of the affected component. The following are not considered “substantial damage” for the purpose of notification and reporting of aircraft accidents or incidents: engine failure or damage limited to the engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small puncture holes in the skin or fabric, ground damage to rotor or propeller blades and damage to landing gear, wheels, tires, flaps, engine accessories, brakes or wing tips. (NTSB Section 830.2) SVS Synthetic Vision System. A system used to create a synthetic image representing the environment external to the aircraft that is derived from aircraft altitude, high-precision navigation information and a database of terrain, obstacles and relevant cultural features. TBO Time Before Overhaul. A recommendation of the manufacturer of an aircraft engine as to the amount of time that the engine can operate under average conditions before it should be overhauled. Overhaul at this time will result in the most economical operation. TC Type Certificate. The official specifications of an aircraft, engine or propeller. These are issued by the FAA, and the device, in order to be airworthy, must conform to these specifications. The procedures for the issuance and changes to type certificates are found in FAR Part 21 – Certification and Procedures for Products and Parts. T&C Terms and Conditions (of a purchase) Temporary Use of Substitute Aircraft An insurance policy clause that enables an insured to use another non-owned aircraft of similar type, horsepower and seating capacity for such a time that the insured’s aircraft is being repaired or serviced. Time Change Item Any item, component, unit, etc., whose time in service is limited by hours, number of times the unit is operated on, or a calendar basis, and must be removed and replaced with a new or serviceable like item. Time In Service In regard to maintenance records, the time from the moment an aircraft leaves the surface of the earth until it touches down at the next point of landing. TRACON Terminal Radar Approach Control Traffic Flow Management Traffic flow management (TFM), sometimes referred to as air traffic management, is the function of air traffic control that seeks to control the overall flow of traffic in the Nation- al Airspace System, rather than control specific flights. TFM is made possible by a joint government/industry initiative called Collaborative Decision Making (CDM). NBAA MANAGEMENT GUIDE, 2024-01 Glossary Transition Training The training required for crew members who have qualified and served in the same capacity on another airplane of the same group. TSO Technical Standard Order. An order issued by the FAA that is a minimum performance standard for specified articles (i.e., materials, parts, processes or appliances) used on civil aircraft. (FAR Section 21.601(b)) Turbine-Powered Airplanes This includes turbofan, turbojet, prop fan and ultra-high-bypass, fan-powered airplanes, but specifically excludes turbo-propellerpowered airplanes equipped with variable-pitch, constant-speed propellers. (Advisory Circular 120-50) Type (of Aircraft) A specific classification of aircraft having the same basic design including all modifications which might result in a change in handling or flight characteristics. Type Certificate Data Sheets The official specifications of an aircraft, engine or propeller. They are issued by the FAA, and the device, in order to be airworthy, must conform to these specifications. Type Rating An additional rating to a pilot’s certification that authorizes the pilot to act as pilot in command of a specific aircraft. A list of aircraft that require a type rating in order for a pilot to act as pilot in command is found in Advisory Circular 61-89D. UAS Unmanned Aircraft System UDF Un-Ducted Prop Fan UIR Upper Flight Information Region Unscheduled Operation An operation other than one regularly conducted by an air carrier or commuter between a high density airport and another service point. Certain types of air carrier/commuter operations are also considered as unscheduled. They include irregular charter and hired aircraft service and non-passenger flights. (Advisory Circular 90-43F) Upgrade Training The training required for crew members who have qualified as second-in-command or flight engineer on a particular airplane type, before they serve as pilot in command or second-in-command, respectively, on that airplane. VASI Visual Approach Slope Indicators VLJ Very Light Jet NBAA MANAGEMENT GUIDE, 2024-01 Glossary VFR Visual Flight Rules VOR Very High Frequency Omnidirectional Radio Range (FAR Section 1.1) VORTAC Integrated VOR and Tactical Air Navigation (TACAN), navigational devices that provide azimuth and distance-measuring capability. Whole Aircraft In-House Flight Department See aircraft resourcing options. Whole Aircraft Management Company See aircraft resourcing options. NBAA MANAGEMENT GUIDE, 2024-01 --- Your task is to answer a given question with complete accuracy, citing the information / content above. You must include citations, citing not only the text, but also where you got the text specifically. If you understand your instructions, say: "Sure, I can answer your question."