SASless
8th Aug 2006, 15:49
Seems the Hue and Cry about Helicopter Safety is having some effect!
FAA Operational Control Update
Author: Here they come boys! Date: 8/7/2006 9:38:23 PM
AAMS Member Alert: FAA Operational Control Update
August 7th, 2006
____________________________________________________________ __
AAMS has recently been notified by a number of our members and operators of several investigations being conducted by the FAA. These investigations are being conducted. The first visits to programs and operators occurred this week with as many as 6-12 inspectors from the FAA per site visit. This initiative is tied to the FAA's increased scrutiny of Operational Control, a larger effort to ensure that aviation decisions are made by the organization that holds a Part 135 Certificate. The current investigations are not a result of the proposed changes to the A008 OpSpec, but do concern current regulations regarding operational control.
The FAA plans to issue the official proposed A008 OpSpec changes in late August, followed by a 30 day comment period. After that comment period, the FAA will begin an inspection program that will examine management systems that ensure operational control at all Part 135 Certificate Holders. The FAA has provided AAMS with a draft copy of the proposed change that is currently posted on the AAMS website.
After numerous conversations with the FAA regarding this issue, AAMS would like to make you aware of several key points:
1.The inspection program is a Part 135 initiative and the FAA plans to inspect numerous Part 135 Certificate holders, including HEMS. The issue has achieved "critical mass" with Montrose, CO accident. This is not specific to HEMS or helicopters. The FAA is conducting inspections throughout Part 135 operations including both helicopter and fixed wing operations.
2.The inspection program is an effort on the part of the FAA to both identify the extent of the operational control issues, how various business models affect operational control, to improve training for FAA inspectors, and to send a message to all Part 135 operations that the FAA is going to assure compliance with current leasing regulations to maintain the certificate holder's operational control. Again, this concern is part of a larger effort by the FAA, and does not focus solely on air medical transport.
3.The current investigations were initiated by Jim Ballough of Flight Standards and tasked to the SW Region- Fort Worth, TX. Inspectors are being obtained from offices throughout the country, including FAA legal. The effort we are seeing is coming from the top of the FAA and is part of the larger effort to improve the safety of Part 135 operations.
4.The FAA insists that Part 135 Operational Control is not nearly as robust as Part 121 and this is a significant safety issue. They are very concerned about the various business models across Part 135 including HEMS. Some of the major issues include:
*Only the Certificate Holder can exercise Operational Control.
*Certificate Holder cannot transfer control to any other entity-hospital, fire department, wet lease, broker, etc. (A flight request is only a request. They are interested in initiation, operation, and completion of flights which are the sole responsibility of the Part 135 Certificate Holder)
*No agreement between any business entity and Certificate Holder can supercede FAA regulation-the Certificate Holder is the only authorized entity inspected by the FAA and eligible to conduct aviation operations for hire.
5.The FAA's primary concern is that Operational Control is being passed to someone other than the certificate holder through "agreement, contract, or culture." The last element is an issue for air medical transport, especially in HEMS in which tasking decisions must be made quickly. The transfer of any element of Operational Control to a non-certificated person or entity is a significant problem. In speaking with operators and programs who have already been visited, the FAA is interested in program websites, PR materials, contracts between a Certificate Holder and other entities that might impact Operational Control, communication / dispatching centers, billing operations-top to bottom of how a program is holding itself out to the public as regards flight requests vs. flight initiation.
6.The FAA is equally interested in traditional operator contracts-hospital to Part 135 Certificate Holder and the fully integrated Operator / Certificate Holder configurations- and will be inspecting both. Two issues:
*How does corporate leadership manage what is going on across their entire operation from their headquarters to their base site; and
*How does corporate leadership know what is going on at base site- an issue the FAA calls "span of control"? How are local decisions being made and how does the corporate office measure compliance with policies and procedures?
7.The FAA is going to ensure that, before a flight or series of flights is initiated, that the certificate holder's management personnel is aware that the pilot is qualified and eligible and the aircraft is airworthy. This management person or persons must be:
*Appropriately trained in the certificate holder's policies, procedures and guidelines as set down in the certificate holder's General Operations Manual (GOM). This individual must also be listed in the GOM as an employee authorized to make that decision.
*Qualified and authorized to exercise administrative and operational decisions that FAA acceptable proper procedures and policies exist and the operator can assure compliance.
*And has access to a communications system exists that assures that the operator knows what is going on at any operation on a contemporaneous basis and "can anticipate actions of the Certificate Holders employees" in any given flight request, continuation, and completion decision process. Certificate holder's management personnel should be aware, through the use of this system, that a flight is taking place.
*While this definition can include management personnel at the hospital or base location (such as a lead pilot or base manager) that individual must meet the above qualifications and cannot be the pilot on duty (the management person must be someone other than the pilot).
On a flight (or series of flights, as in the case of flights undertaken while on a shift), the pilot in command (PIC) retains the authority to make tactical aviation decisions as long as those decisions are made within the parameters set forth by the certificate holder. The FAA has repeated several times that while the PIC may receive a flight request from medical or hospital personnel, his ability to fulfill that request is based solely on the policies, procedures, and standards prescribed by the certificate holder.
8.This effort is part of the FAA's review of the draft Ops Spec A008. They noted that the draft has been "picked on unmercifully" primarily by NBAA and NATA and that the inspection effort at air medical operations is to make sure the draft reflects the needs of air medical operations. The FAA suggested that the air medical community look at the current round of inspections as an opportunity and that there is still time to suggest final tweaking to the draft document. The FAA may make further changes based on the current round of inspections, and further changes will be made through "the evaluation that is being done this week" and in the coming weeks. AAMS will submit initial comments to the FAA on the Draft OpSpec changes in the coming weeks.
9.The FAA is going to present an air medical specific presentation on Operational Control at AMTC and, based on AAMS's request this past week, they will bring the FAA / air medical work group together prior to AMTC in D.C to review issues and provide a seminar on their goals for compliance. The FAA continues to view AAMS, HAI, NEMSPA, AMSAC, and the CEO Operators Forum as partners in improving safety.
10.The FAA is currently accepting comments to the A008 OpSpec draft, will continue to accept and consider comments until 30 days after the issuance of the official proposed A008 OpSpec change. The current document is a draft that may undergo some minor changes before its official release.
11.In response to our concerns that some of the current compliance efforts may be reaping unintended consequences, e.g. programs marketing more rapid decision processes and easier access than competitors, the FAA suggested that all air medical operations should look to their internal Operational Control procedures. As noted earlier, the FAA is looking at the Operational Control issue across Part 135 at every level from marketing to contracts, to decision making regarding flight tasking, and culture at the local level. Our sense is that the FAA is increasingly aware of the effects of marketing on Operational Control and they will react negatively to marketing efforts that create a perception that Operational Control procedures are in any way different among competitors in any market area. While the strategies to implement Operational Control may be different among Part 135 Certificate Holders in a single market area, overall compliance must be universal and transparent from the FAA's perspective.
12.AAMS is also working closely with the FAA to help ensure that both current regulations and any future changes to OpSpecs or FAR's applied uniformly around the country.
AAMS will continue to follow this issue closely. We have posted links to the draft OpsSpecs www.aams.org and a series of presentations the FAA made at the recent Operational Control meeting in Dallas. As noted earlier, the FAA will be making an air medical specific presentation at AMTC on Monday, September 25th, at 9:45 AM.
In the interim, all members should undertake an internal audit of Operational Control procedures and contracts, including mapped decision making, dispatch, billing, marketing, and culture.
FAA Operational Control Update
Author: Here they come boys! Date: 8/7/2006 9:38:23 PM
AAMS Member Alert: FAA Operational Control Update
August 7th, 2006
____________________________________________________________ __
AAMS has recently been notified by a number of our members and operators of several investigations being conducted by the FAA. These investigations are being conducted. The first visits to programs and operators occurred this week with as many as 6-12 inspectors from the FAA per site visit. This initiative is tied to the FAA's increased scrutiny of Operational Control, a larger effort to ensure that aviation decisions are made by the organization that holds a Part 135 Certificate. The current investigations are not a result of the proposed changes to the A008 OpSpec, but do concern current regulations regarding operational control.
The FAA plans to issue the official proposed A008 OpSpec changes in late August, followed by a 30 day comment period. After that comment period, the FAA will begin an inspection program that will examine management systems that ensure operational control at all Part 135 Certificate Holders. The FAA has provided AAMS with a draft copy of the proposed change that is currently posted on the AAMS website.
After numerous conversations with the FAA regarding this issue, AAMS would like to make you aware of several key points:
1.The inspection program is a Part 135 initiative and the FAA plans to inspect numerous Part 135 Certificate holders, including HEMS. The issue has achieved "critical mass" with Montrose, CO accident. This is not specific to HEMS or helicopters. The FAA is conducting inspections throughout Part 135 operations including both helicopter and fixed wing operations.
2.The inspection program is an effort on the part of the FAA to both identify the extent of the operational control issues, how various business models affect operational control, to improve training for FAA inspectors, and to send a message to all Part 135 operations that the FAA is going to assure compliance with current leasing regulations to maintain the certificate holder's operational control. Again, this concern is part of a larger effort by the FAA, and does not focus solely on air medical transport.
3.The current investigations were initiated by Jim Ballough of Flight Standards and tasked to the SW Region- Fort Worth, TX. Inspectors are being obtained from offices throughout the country, including FAA legal. The effort we are seeing is coming from the top of the FAA and is part of the larger effort to improve the safety of Part 135 operations.
4.The FAA insists that Part 135 Operational Control is not nearly as robust as Part 121 and this is a significant safety issue. They are very concerned about the various business models across Part 135 including HEMS. Some of the major issues include:
*Only the Certificate Holder can exercise Operational Control.
*Certificate Holder cannot transfer control to any other entity-hospital, fire department, wet lease, broker, etc. (A flight request is only a request. They are interested in initiation, operation, and completion of flights which are the sole responsibility of the Part 135 Certificate Holder)
*No agreement between any business entity and Certificate Holder can supercede FAA regulation-the Certificate Holder is the only authorized entity inspected by the FAA and eligible to conduct aviation operations for hire.
5.The FAA's primary concern is that Operational Control is being passed to someone other than the certificate holder through "agreement, contract, or culture." The last element is an issue for air medical transport, especially in HEMS in which tasking decisions must be made quickly. The transfer of any element of Operational Control to a non-certificated person or entity is a significant problem. In speaking with operators and programs who have already been visited, the FAA is interested in program websites, PR materials, contracts between a Certificate Holder and other entities that might impact Operational Control, communication / dispatching centers, billing operations-top to bottom of how a program is holding itself out to the public as regards flight requests vs. flight initiation.
6.The FAA is equally interested in traditional operator contracts-hospital to Part 135 Certificate Holder and the fully integrated Operator / Certificate Holder configurations- and will be inspecting both. Two issues:
*How does corporate leadership manage what is going on across their entire operation from their headquarters to their base site; and
*How does corporate leadership know what is going on at base site- an issue the FAA calls "span of control"? How are local decisions being made and how does the corporate office measure compliance with policies and procedures?
7.The FAA is going to ensure that, before a flight or series of flights is initiated, that the certificate holder's management personnel is aware that the pilot is qualified and eligible and the aircraft is airworthy. This management person or persons must be:
*Appropriately trained in the certificate holder's policies, procedures and guidelines as set down in the certificate holder's General Operations Manual (GOM). This individual must also be listed in the GOM as an employee authorized to make that decision.
*Qualified and authorized to exercise administrative and operational decisions that FAA acceptable proper procedures and policies exist and the operator can assure compliance.
*And has access to a communications system exists that assures that the operator knows what is going on at any operation on a contemporaneous basis and "can anticipate actions of the Certificate Holders employees" in any given flight request, continuation, and completion decision process. Certificate holder's management personnel should be aware, through the use of this system, that a flight is taking place.
*While this definition can include management personnel at the hospital or base location (such as a lead pilot or base manager) that individual must meet the above qualifications and cannot be the pilot on duty (the management person must be someone other than the pilot).
On a flight (or series of flights, as in the case of flights undertaken while on a shift), the pilot in command (PIC) retains the authority to make tactical aviation decisions as long as those decisions are made within the parameters set forth by the certificate holder. The FAA has repeated several times that while the PIC may receive a flight request from medical or hospital personnel, his ability to fulfill that request is based solely on the policies, procedures, and standards prescribed by the certificate holder.
8.This effort is part of the FAA's review of the draft Ops Spec A008. They noted that the draft has been "picked on unmercifully" primarily by NBAA and NATA and that the inspection effort at air medical operations is to make sure the draft reflects the needs of air medical operations. The FAA suggested that the air medical community look at the current round of inspections as an opportunity and that there is still time to suggest final tweaking to the draft document. The FAA may make further changes based on the current round of inspections, and further changes will be made through "the evaluation that is being done this week" and in the coming weeks. AAMS will submit initial comments to the FAA on the Draft OpSpec changes in the coming weeks.
9.The FAA is going to present an air medical specific presentation on Operational Control at AMTC and, based on AAMS's request this past week, they will bring the FAA / air medical work group together prior to AMTC in D.C to review issues and provide a seminar on their goals for compliance. The FAA continues to view AAMS, HAI, NEMSPA, AMSAC, and the CEO Operators Forum as partners in improving safety.
10.The FAA is currently accepting comments to the A008 OpSpec draft, will continue to accept and consider comments until 30 days after the issuance of the official proposed A008 OpSpec change. The current document is a draft that may undergo some minor changes before its official release.
11.In response to our concerns that some of the current compliance efforts may be reaping unintended consequences, e.g. programs marketing more rapid decision processes and easier access than competitors, the FAA suggested that all air medical operations should look to their internal Operational Control procedures. As noted earlier, the FAA is looking at the Operational Control issue across Part 135 at every level from marketing to contracts, to decision making regarding flight tasking, and culture at the local level. Our sense is that the FAA is increasingly aware of the effects of marketing on Operational Control and they will react negatively to marketing efforts that create a perception that Operational Control procedures are in any way different among competitors in any market area. While the strategies to implement Operational Control may be different among Part 135 Certificate Holders in a single market area, overall compliance must be universal and transparent from the FAA's perspective.
12.AAMS is also working closely with the FAA to help ensure that both current regulations and any future changes to OpSpecs or FAR's applied uniformly around the country.
AAMS will continue to follow this issue closely. We have posted links to the draft OpsSpecs www.aams.org and a series of presentations the FAA made at the recent Operational Control meeting in Dallas. As noted earlier, the FAA will be making an air medical specific presentation at AMTC on Monday, September 25th, at 9:45 AM.
In the interim, all members should undertake an internal audit of Operational Control procedures and contracts, including mapped decision making, dispatch, billing, marketing, and culture.