U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: North American Free Trade Agreement and Specialty Air Services Operations Date: 3/3/11 Initiated by: AFS-820 AC No: 00-60A Change: 1
1. PURPOSE. This advisory circular (AC) provides information and guidance for operators on the North American Free Trade Agreement (NAFTA). NAFTA opens up cross-border trade in Specialty Air Services (SAS) and was ratified by the United States, Mexico, and Canada.
2. PRINCIPAL CHANGES. This change updates who is responsible for authorizing NAFTA operations, instructions for Federal Aviation Administration (FAA) Form 7711-2, Application for Certificate of Waiver or Authorization, and who to contact for more information.
PAGE CONTROL CHART Remove Pages Dated Insert Pages Dated 4,5, and 8 2/8/08 4,5, and 8 3/3/11 Appendix 1 2/8/08 Appendix 1 3/3/11 Appendix 2 2/8/08 Appendix 2 3/3/11 Appendix 3, page 1 2/8/08 Appendix 3, page 1 3/3/11 Appendix 5 2/8/08 Appendix 5 3/3/11
ORIGINAL SIGNED BY /s/ Raymond Towles for
John M. Allen Director, Flight Standards Service
U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: North American Free Trade Agreement and Specialty Air Services Operations Date: 2/8/08 Initiated by: AFS-820 AC No: 00-60A Change:
1. PURPOSE. This advisory circular (AC) provides information and guidance for operators on the North American Free Trade Agreement (NAFTA). NAFTA opens up cross-border trade in Specialty Air Services (SAS) and was ratified by the United States, Mexico, and Canada.
2. CANCELLATION. AC 00-60, North American Free Trade Agreement and Specialty Air Services Operations, dated November 9, 1999, is canceled.
3. SAS DEFINITIONS. The following is a list of SAS definitions identified by NAFTA and includes any other special-purpose operations determined by the three civil aviation authorities (CAA) to have similar characteristics. NAFTA’s SASs are specialized commercial aviation operations performing any of the following:
a. Aerial Advertising. The operation of an aircraft for the purpose of skywriting, banner towing, displaying airborne signs, dispensing leaflets, and making public address (PA) announcements.
b. Aerial Construction. The operation of a helicopter for the purpose of external-load operations in support of construction, hoisting of utilities, power line construction, and erecting special purpose towers.
c. Aerial Inspection or Surveillance. The operation of an aircraft for the purpose of conducting aerial observations and patrols of surface events and objects.
d. Aerial Mapping. The operation of an aircraft for the purpose of mapping by means of a camera or other measuring and recording devices.
e. Aerial Sightseeing. The operation of an aircraft for the purpose of providing recreation to passengers that originates and terminates at the same airport or the same aerodrome.
f. Aerial Spraying. The operation of an aircraft for the dispersal of products for the benefit of agriculture, horticulture, public health, or forestry. This does not include the dispensing of live insects.
g. Aerial Photography. The operation of an aircraft for the purpose of taking photographs or to record information by means of a camera or other measuring and recording devices.
Page 2 Par 3
h. Aerial Surveying. The operation of an aircraft for the purpose of surveying by means of a camera or other measuring and recording devices.
i. Firefighting. The operation of an aircraft for the purpose of dispensing water, chemicals, and fire retardants intended for suppressing a fire. This includes carrying firefighters from base camp to base camp or base camp to the work zone.
j. Flight Training. Training provided by certified flight schools and flight training operators who follow an approved ground and flight syllabus, which permits students to meet all certification requirements for obtaining an airman certificate or rating; also, operational training provided by SAS operators.
k. Forest Fire Management. The operation of an aircraft for the purpose of fire detection and controls, as well as dispensing any substance intended for forest fire suppression and prevention. This includes carrying firefighters, fire bosses, and/or managers from the base camp into the fire area or the actual fire site, as well as within the same work zone.
l. Glider Towing. The towing of a glider by a powered aircraft equipped with a tow hitch.
m. Heli-Logging. The operation of an aircraft for the purpose of transport timber suspended from the fuselage.
n. Parachute Jumping. The operation of an aircraft for the purpose of allowing a person to descend from that aircraft in flight using a parachute during all or part of that descent.
4. GLOSSARY.
a. Aeroplane. A Canadian term that applies to airplanes in U.S. documentation.
b. Civil Aviation Authorities (CAA).
(1) Dirección General de Aeronáutica Civil (DGAC)—Mexico.
(2) Federal Aviation Administration (FAA)—United States.
(3) Transport Canada Civil Aviation (TCCA)—Canada.
(4) The national CAA is the CAA with regulatory responsibility for an operator when the operator applies for operating authority and/or registration in another NAFTA country. The national CAA will normally be the same as the State of Registry for the aircraft and will be responsible for the regulatory oversight of aircraft on its register, including, but not limited to, maintenance and inspection requirements.
(5) The host CAA is the CAA of a NAFTA country in which cross-border SASs are conducted.
Par 4 Page 3
c. Essential Qualified Non-Crewmembers. Personnel essential to SAS operations that support that service and are trained by the operator before conducting the work under the SAS operation. The absence of these personnel would make the actual operation impossible.
d. Flight Training. A term that applies to the following:
(1) Certified Flight Schools. Schools that hold an operating permit or certificate issued by a CAA to conduct approved training for pilot qualification.
(2) Flight Training Operators. Operators conducting training for an agricultural rating, a seaplane rating, a multiengine rating, a type rating, an instrument rating, an airline transport pilot license, or currency requirements.
(3) Specialty Air Service (SAS) Operators. Operators conducting specific operational training for a particular SAS. Type rating training may be included if the aircraft is used in that specific operation and is specified on the air operator certificate or the NAFTA operating authority and/or registration.
e. North American Free Trade Agreement Specialty Air Service (NAFTA) Specialty Air Service (SAS) Authorizations. Are provided to operators to conduct NAFTA SAS operations. In the cases of firefighting and/or forest fire management, the FAA will issue a Letter of Registration.
f. North American Free Trade Agreement Specialty Air Service (NAFTA) Specialty Air Service (SAS) Letters of Registration. Letters of Registration are issued by the FAA for firefighting and/or forest fire management.
g. Operator. The organization engaged in commercial SAS operations.
5. FOCUS. This AC applies to operators in each NAFTA signatory country that wish to conduct a cross-border SAS, as defined in Article 1213 of NAFTA. This information is exclusive to NAFTA SAS operations and is not to be used for any other purpose.
6. RELATED READING MATERIAL.
a. International Civil Aviation Organization’s (ICAO) Convention on International Civil Aviation, Annex 2: Rules of the Air.
b. Transport Canada Aeronautical Information Manual (AIM).
c. Publicación de Información Aeronáutica (PIA).
d. AIM/Aeronautical Information Publication (AIP).
7. BACKGROUND.
a. Ratified by Canada, Mexico, and the United States, NAFTA came into force on January 1, 1994. NAFTA opened up cross-border trade in SAS, defined in Article 1213 of
Page 4 Par 7 NAFTA as aerial mapping, aerial surveying, aerial photography, forest fire management, firefighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection or surveillance, and aerial spraying services.
b. Government officials met and issued a joint statement establishing working groups “to discuss standards and regulations pertaining to SAS” and began a process for the “smooth implementation” of SAS operations. Representatives from the three CAAs formed a steering committee to provide leadership during the process, and technical experts from each country constituted working groups covering the areas of airworthiness, flight operations, and personnel licensing. This document identifies the processes that resulted from the efforts of the steering committee and working groups.
c. The General Aviation and Commercial Division, AFS-800, is responsible for issuing NAFTA policy, procedures, authorizations, and registrations.
8. APPLYING FOR AUTHORITY TO CONDUCT NAFTA OPERATIONS. An authorization must be obtained from both the national and host CAA. The following is the process the FAA will use to issue or reissue the NAFTA authorizations/registrations.
a. Operators from the United States who wish to conduct a NAFTA SAS operation in either Canada or Mexico must submit an application package to their local Flight Standards District Office (FSDO) that includes:
(1) A letter from the operator requesting a new or reissue of a NAFTA authorization,
(2) A completed FAA Form 7711-2, Application for Certificate of Waiver or Authorization (see Appendix 1),
(3) A letter verifying insurance coverage,
(4) A copy of the aircraft Airworthiness Certificate, and
(5) A copy of the aircraft Type Certificate Data Sheet (TCDS).
(a) FSDO actions:
1. Review the completed application,
2. Conduct an aircraft ramp inspection to ensure airworthiness,
3. Ensure that all pilots named on the application are qualified to conduct the SAS operation, and
4. Forward a copy of the application, approved by the FSDO manager, to AFS-800 (see Appendix 2). The original must follow by mail.
Par 8 Page 5
(b) AFS-800 actions. Within the automated Operations Safety System (OPSS), AFS-800 will prepare and issue a certificate of authorization (COA) and/or a Letter of Registration, listing the SAS operations authorized.
(c) TCCA or DGAC actions. The operator must present the COA and/or Letter of Registration along with any other required documentation to the host CAA (TCCA or DGAC) for their review. TCCA or DGAC will issue its authorization to conduct the requested SAS operation in their country based upon the FAA’s NAFTA COA and/or Letter of Registration.
b. Canadian or Mexican operators who wish to conduct NAFTA SAS operations in the United States must submit to AFS-800:
(1) Authorization from the national CAA (the DGAC of Mexico or the TCCA of Canada) certifying the certificates of the operator and the currency of the maintenance program,
(2) A letter from the operator requesting a new or reissue of a NAFTA authorization and/or registration,
(3) Applicable operations specifications (OpSpecs) or limitations that the operator has been issued by the national CAA,
(4) A letter verifying applicable insurance coverage, and
(5) A properly completed FAA Form 7711-2.
c. AFS-800 will review the application package and prepare and issue a COA and/or Letter of Registration authorizing the SAS operations contained on the national CAA NAFTA authorization.
d. The granting of a NAFTA authorization and/or registration to conduct SAS does not confer the right for the operators’ crewmembers to work in a host country. The operator must contact the host immigration department in advance of any commitment to a contract to ensure that their pilots and mechanics will be able to obtain temporary entry for employment.
9. NAFTA CROSS-BORDER SAS OPERATIONS.
a. General Requirements.
(1) Validity. A NAFTA authorization and/or registration, unless amended, suspended, or revoked, will normally be valid for a maximum of 1 year and can be renewed. The renewal process will be the same as the original authorization process.
(2) Authorization Process. The SAS operator must be equipped and able to operate in each of the SAS areas applied for, apply for and obtain authorization from their national CAA, apply for and obtain authorization from the host CAA(s), and make the application in the official technical terminology of the host country.
Page 6 Par 9
(3) Contract or Third Party Personnel Essential to SAS. The applicant shall identify the necessary personnel and their job functions to the national CAA along with an appropriate method of control (training requirement or process) to ensure safe operation under the specialized SAS operation. The applicant or current holder of SAS authorization would include, in their application, appropriate proof of their ability to use and control contract personnel. This in no way permits the SAS operation to transport these persons from other than the base camp to the work zone. All personnel must provide their own means of commercial transportation or other means of public or private travel to the base camp.
b. Operational Conditions: Aircraft.
(1) The current and valid Certificate of Airworthiness and Certificate of Registration are required from the national CAA. The operator must provide the national CAA with proof of the validity of the documents.
(2) Aircraft manufactured in the United States or Canada must have been issued an FAA or TCCA civil TC type certificate (TC) based on compliance with civil airworthiness standards for the appropriate SAS operations.
(3) Third party TC’d aircraft (aircraft manufactured in countries other than Canada or the United States) must have an FAA or a TCCA TC based on compliance to civil airworthiness standards.
(4) Changes in type designs (that is, Supplemental Type Certificates (STC) or repair design certificates) issued by the state of manufacture on their own designs and manufactured products will be acceptable, provided that there is a Bilateral Airworthiness Agreement (BAA) or the equivalent with the FAA, TCCA, or DGAC that specifically addresses design standards.
(5) Flight training may be conducted in aircraft TC’d in restricted, normal, utility, aerobatic, commuter, or transport categories or as otherwise approved by the host CAA. SAS operators may conduct operational training in aircraft that are approved for the particular SAS.
(6) SAS operators may use leased aircraft of a foreign registry. All pilots or required flightcrew members of these aircraft must hold at least a commercial license and rating appropriate to the State of Registry of said aircraft.
c. SAS Operations.
(1) As required by the ICAO Convention Annex 2, operators must comply with the general operating and flight rules of the host country. Operators should be aware that there are significant differences in the visual flight rules (VFR) for each country.
(2) NAFTA does not confer a right of entry into the host country. Before entry into the host country, the operator is advised to contact the immigration authority at the intended port of entry into the host country to verify the entry requirements.
(3) Operators must also contact other government agencies including customs, trade and commerce, environment, and other applicable agencies as necessary.
Par 9 Page 7
(4) The SAS operator must contact the host CAA(s) (see Appendix 2) before commencing initial SAS operations in each geographic area upon changing the type of SAS operation being conducted, or upon subsequently returning to the original geographic area.
(5) Operators based in one host country and operating in another host country require authorization and/or registration from each host CAA.
(6) As a minimum, a current and valid commercial pilot license (CPL) issued by the national CAA is required for the specific operation. A license validation issued by the host CAA does not meet this requirement.
(7) Flight instruction toward the issuance of national CAA licenses, permits, and ratings may be conducted in any host country by a person who holds a valid CPL and/or flight instructor rating as applicable for the type of instructional activity, and who satisfies the requirements of the national CAA.
(8) Flight instruction toward the issuance of host CAA licenses, permits, and ratings may be conducted in any host country by a person who holds a valid CPL and flight instructor rating as applicable for the type of instructional activity, and who satisfies additional requirements specified by the applicable host CAA (see Appendix 3).
(9) Flight training operating authority will be granted to certified flight schools, flight training operators, and SAS operators according to the conditions specified by the host CAA.
(10) Agricultural aircraft may be operated at an increased maximum takeoff weight (MTOW) if an increased MTOW is authorized by the national CAA and the increase does not exceed 1.25 times the MTOW.
(11) Maintenance must be performed under the requirements of the national CAA and is the responsibility of the State of Registry.
(12) Sightseeing operations must be conducted by operators certificated by their national CAA for commercial passenger-carrying operations.
(13) The movement of essential qualified non-crewmember personnel from base camp to a work zone is not deemed to be air transportation, nor is the movement of essential qualified non-crewmember personnel from one base camp to another within the same work zone. These are operational necessities included under SAS.
d. Specific Requirements.
(1) For Operations in Canada:
(a) Operators must provide TCCA with the name of the appropriately approved maintenance organization (certified mechanic, repair station, or Canadian Aviation Maintenance Organization) that is providing the operator’s maintenance.
Page 8 Par 9
(b) Operators must comply with the flight and duty time limitations regulations and standards applicable to the operation being conducted. See Canadian Aviation Regulation 700.15 and Commercial Aviation Standard 720.15 located at http://www.tc.gc.ca/eng/menu.htm.
(c) Proof of insurance must be carried onboard the aircraft (see Appendix 4).
(d) Operators must comply with the survival equipment requirements applicable to the operations being conducted (see Appendix 5).
(2) For Operations in Mexico:
(a) Operators must provide the DGAC with the name of the appropriately approved maintenance organization that is providing the operator’s maintenance.
(b) The PIA is not required to be carried aboard the aircraft for SAS operations by foreign operators.
(c) Proof of insurance must be provided with the application before a permit can be issued and must be carried onboard the aircraft (see Appendix 4).
(d) Operations will be conducted from approved runways or sites, unless otherwise authorized.
(e) A special permit must be obtained for handling fuel other than at approved fueling facilities.
(f) Operators must participate in alcohol and drug testing programs when conducting SAS operations.
(g) Operators must comply with the survival equipment requirements applicable to the operations conducted (see Appendix 5).
(h) All night flights under VFR must have a special authorization.
(i) Flight training schools must obtain a public education certificate or a letter of authorization (LOA) from the Secretaría de Educación Pública to teach ground school.
(j) In addition to the DGAC authorization, SAS operators conducting aerial photography, aerial surveying, or aerial mapping must obtain permission from the Instituto Nacional de Estadística y Geografía (INEGI).
(3) For Operations in the United States:
(a) Operators must provide the FAA with the name of the appropriately approved maintenance organization that is providing the operator’s maintenance.
(b) Operators must participate in alcohol and drug testing programs when conducting sightseeing operations from a base in the United States.
Par 9 Page 9 (and 10)
(c) The maintenance and alteration of emergency parachutes must be certified by a person authorized by the FAA.
(d) U.S. Department of Transportation (DOT) Order 97-7-03, Specialty Air Services Information Packet, Operators of Canada and Mexico, must be carried onboard the aircraft; see http://ostpxweb.dot.gov/aviation/IntAv/airnafta.pdf.