Like 212man, I am somewhat baffled by the interpretation of NPA OPS-38 by EEDSL; as 212man has said, it was at the request of the operators and manufacturers that the proposal was undertaken.
The issue of UMS is an interesting one; the requirement for this equipment has been a feature of JAR-OPS 3 since NPA OPS-8 (1998) - when Exposure was first introduced. That it has not been universally implemented is due to the somewhat patchy nature of each NAA's progress towards full implementation of the code.
The main rationale for the proposal was: a simplification of the performance rules; removal the uncertainty that was a feature of certain impending dates when changes had to be made (2005 and 2010 - these have now been removed); and the introduction of ground level exposure. There is nothing for operators to fear in this proposal.
To put the NPA in perspective, here is the meat of the proposal in thumbnail form; if there is any part of this which has not been explained thoroughly in the NPA Explanatory Text, pose the question and I will attempt to explain the what, the why and the how.
Revision of Performance Subparts: F - General- Applicability changes to permit offshore operations in PC2 with more than 19 passengers (PC2e only)
- Introduction of a single text for Environmental Conditions (wind, temperature and pressure) – used by all Subparts
- Introduction of a single text for Obstacle Accountability – used by all Subparts
- Definition of: TODRH amended to permit modern profiles; Take-off Flight Path added
- Clarification of the use of ‘equivalence’ for twin engine helicopters certificated before Appendix C to FAR 27 (complete with pointers)
- Addition of more comprehensive explanatory text
Revision of Performance Subparts: G - PC1- Introduction of Flexibility into PC1
- Use of a single requirement for ground level and elevated heliports
- Simplification of Procedures by removal of duplicated text and use of reference
- Reduced reliance on Category A procedures
- More recent Category A procedures recognised (achieved with change of definition of TODRH)
- Addition of more comprehensive explanatory text
Revision of Performance Subparts: H – PC2- Simplification of Procedures by removal of duplicated text and use of reference
- Introduction of ground level exposure to PC2
- Introduction of PC2e for Operations in a Hostile Environment
- Simplification of Approval process for exposure
- Removal of limiting dates in performance Subparts
- Addition of more comprehensive explanatory text
Revision of Performance Subparts: I – PC3- Simplification of Procedures by removal of duplicated text and use of reference
- Reordering of the text in a more logical form
- Introduction of ground level exposure to PC3
- Simplification of Approval process for exposure
- Addition of more comprehensive explanatory text
Proposed Revision of JAR-OPS 3 – Other Issues- Guidance on the extent of the HEMS mission
- Requirement for NVG Approval
- Accessibility of Emergency Equipment
- Reporting of Flight Hours
- Removal and amendment of terms in Subpart J
- Clarification of ELT technical requirements (406 MHz)
- Revision of the table for equipment requirements
- Clarification of two training requirements in Subpart N