The rationale and intent of Part 29.1 and its attendant clauses has now been explained – hopefully, so all can understand the implication of the H-V Diagram in both of its forms as a Limitation and Information. Leaving aside the issue of the AW189, which appears to
mandate the Category A procedures; it should not be inferred from my comments that the H-V Diagram as a Limitation is supported – it is not.
When NPA 2014-19 was published, comments had to be with EASA by the 27th October 2014 – which was one day ahead of the opt-out period for Air OPS (28th October 2014). As was indicated in the covering letter to States, there will be a bridging period between the end of the opt-out period and adoption of the amended rules.
The comment period has now been extended to 27th November 2014 and so the first priority of States becomes the necessity to address the impending (28th October 2014) problem of the ‘illegal’ penetration of the H-V Diagram for rotorcraft that have been certificated in Category A under CS-29 – i.e. most helicopters used in North Sea offshore operations.
Member States were advised that, in order to continue operations in accordance with the status quo (Performance Class 2 with Exposure), it would be necessary for each to grant an exception under Article 14(4) of the Basic Regulation.
“4. Member States may grant exemptions from the substantive requirements laid down in this Regulation and its implementing rules in the event of unforeseen urgent operational circumstances or operational needs of a limited duration, provided the level of safety is not adversely affected. The Agency, the Commission and the other Member States shall be notified of any such exemptions as soon as they become repetitive or where they are granted for periods of more than two months.”
The regulation goes on to explain that the agency shall assess whether the exemptions are less restrictive than the Community provisions. As a correctly constructed exemption is intended to preserve the status quo ante, it is unlikely that it would be questioned by the Community (or EASA as its agent).
In considering what this exemption might be, it is necessary to look for the key element that has resulted in this situation. It is Article 8(1) of the Basic Regulation:
“1. The operation of aircraft referred to in Article 4(1)(b) and (c) shall comply with the essential requirements set out in Annex IV and, if applicable, Annex
Vb.”
Requiring compliance with Essential Requirement 4(a) of Annex IV:
“4.a An aircraft must be operated in accordance with its airworthiness documentation and all related operating procedures and limitations as expressed in its approved flight manual or equivalent documentation, as the case may be. The flight manual or equivalent documentation must be available to the crew and kept up to date for each aircraft.”
In order to permit continued operations to the current safety level, a 14(4) exemption must therefore provide alleviation from Article 8(1) in respect of compliance with Essential Requirement 4(a) of Annex IV of that regulation.
The conditions of the exemption should be those which were extant in JAR-OPS 3 – as transposed to Air OPS. That is:
“For helicopters certificated as Category A rotorcraft under CS-29, a momentary flight through the height velocity (H-V) envelope is permitted during take-off and landing phases when operating in accordance with any of the following requirements:
CAT.POL.H.305 – operations without an assured safe forced landing capability;
CAT.POL.H.225 – helicopter operations to/from a public interest site.”
For operations in CAT.POL.H.420 – helicopter operations over a hostile environment located outside a congested area; no exemption is required because the limit of the number of passengers is six (and therefore could make use of the 9 seat Supplement – under Performance Class 3 either Category A or Category B certification is permitted): SPA.HEMS.125 – performance requirements for HEMS operations; also does not require an exemption because it operates under CAT.POL.H.305, which will, itself, be exempted.
Jim