2-1 CHAPTER 2. BACKGROUND INFORMATION FOR OPERATIONS IN OCEANIC
AND REMOTE CONTINENTAL AIRSPACE
2.1 ICAO and Its Relationship to U.S. Aviation. The United States is a Contracting State to the Convention on International Aviation (Chicago Convention) and an ICAO Member State and has fully supported the organization’s goals from its inception. ICAO works to achieve the highest level of standards and procedures for aircraft, personnel, airways, and aviation services throughout the world. ICAO oversees the international standards ascribed to by its more than 190 Member States for navigation facilities, airports, weather, and radio services. Through active support and participation in ICAO, the FAA strives to improve worldwide safety standards and procedures. ICAO’s strategic objectives are to continue to establish and maintain Standards and Recommended Practices (SARPs) for the safe and orderly development of international aviation. The 19 Annexes to the Chicago Convention (ICAO Annexes) contain more than 10,000 adopted SARPs.
Note: ICAO Member States are obligated to “collaborate in securing the highest practicable degree of uniformity in regulations” and generally achieve this by complying with the SARPs contained in the 19 Annexes and supporting ICAO documents such as ICAO Doc 4444, Procedures for Air Navigation Services— Air Traffic Management, and ICAO Doc 7030, Regional Supplementary Procedures.
States notify ICAO of their “differences” with SARPs and publish them in their Aeronautical Information Publication (AIP).
2.2 IC AO Annexes. Find all ICAO Annexes at the ICAO store at https://store.icao.int.
2.2.1 Annex 1, Personnel Licensing. Provides information on licensing of flightcrews, air traffic controllers, and aircraft maintenance personnel, including medical standards for flightcrews and air traffic controllers.
2.2.2 Annex 2, Rules of the Air. Contains visual flight rules (VFR) and instrument flight rules (IFR) for all operators.
2.2.3 Annex 3, Meteorological Service for International Air Navigation. Provides for meteorological services for international air navigation and reporting of meteorological observations from aircraft.
2.2.4 Annex 4, Aeronautical Charts. Contains specifications for aeronautical charts used in international aviation.
2.2.5 Annex 5, U nits of Measurement to be Used in Air and Ground Operations. Lists dimensional systems used in air and ground operations.
2.2.6 Annex 6, Op eration of Aircraft (3 Parts). Specifies minimum standards for below-listed operations throughout the world:
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1. Part I, International Commercial Air Transport—Aeroplanes.
2. Part II, International General Aviation—Aeroplanes.
3. Part III, International Operations—Helicopters.
2.2.7 Annex 7, Aircraft Nationality and Registration Marks. Specifies requirements for registration and identification of aircraft.
2.2.8 A nnex 8, Airworthiness of Aircraft. Specifies uniform procedures for certification and inspection of aircraft.
2.2.9 A nnex 9, Facilitation. Provides for the standardization and simplification of border-crossing formalities.
2.2.10 A nnex 10, Aeronautical Telecommunications:
1. Volume I, Radio Navigation Aids. Provides for standardizing communications equipment and systems.
2. Volume II, Communication Procedures including those with PANS status.
Standardizes communications procedures.
3. Volume III, Communication Systems. Standardizes communications systems.
4. Volume IV, Surveillance and Collision Avoidance Systems. Standardizes surveillance radar and collision avoidance.
5. Volume V, Aeronautical Radio Frequency Spectrum Utilization. Standardizes aeronautical radio spectrum utilization.
2.2.11 Annex 11, Air Traffic Services. Includes information on establishing and operating air traffic control (ATC), flight information, and alerting services.
2.2.12 A nnex 12, Search and Rescue. Provides information on organization and operation of facilities and services necessary for Search and Rescue (SAR).
2.2.13 A nnex 13, Aircraft Accident and Incident Investigation. Provides for uniformity in notifying, investigating, and reporting on aircraft accidents.
2.2.14 A nnex 14, Aerodromes:
1. Volume I, Aerodrome Design and Operations. Contains specifications for the design and equipment of aerodromes.
2. Volume II, Heliports. Contains specifications for the design and equipment of heliports.
2.2.15 Annex 15, Aeronautical Information Services. Includes methods for collecting and disseminating aeronautical information required for flight operations.
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2.2.16 A nnex 16, Environmental Protection:
1. Volume I, Aircraft Noise. Contains specifications for aircraft noise certification, noise monitoring, and noise exposure units for land-use planning.
2. Volume II, Aircraft Engine Emissions. Contains specifications for aircraft engine emissions.
3. Volume III, Aeroplane CO2 Emissions.
4. Volume IV, Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA).
2.2.17 A nnex 17, Security. Specifies methods for safeguarding international civil aviation against unlawful acts of interference.
2.2.18 Annex 18, The Safe Transport of Dangerous Goods by Air. Contains specifications for labeling, packing, and shipping dangerous cargo.
2.2.19 Annex 19, Safety Management. Describes Safety Management System (SMS) development, regulatory framework, and supporting guidance.
2.3 A pplicabilit y of U.S. and International Regulations.
2.3.1 FAA regulations relating to certification, airworthiness, licensing, and certain operational aspects (e.g., operational control, communication and navigation equipment, and Extended Operations (ETOPS)), are applicable to U.S. operators wherever they fly. Some of these regulations are fundamental to oceanic operations:
2.3.1.1 Title 14 CFR part 91, § 91.511 (applicable to part 91 subpart F), deals with “overwater” operations which are more than 30 minutes or 100 nautical miles (NM) from the nearest shore.
Note: S ection 91.511(b) notes that a unit is “independent if the function of any part of it does not depend on the functioning of any part of another receiver or electronic navigation unit.”
2.3.1.1.1 For such operations, two independent long-range navigation systems (LRNS) are required, except in an area defined by coordinates in § 91.511(f), where only one LRNS is sufficient.
2.3.1.1.2 Part 91 subpart F overwater operations outside very high frequency (VHF) voice communication coverage require two long-range communication systems (LRCS), except when an aircraft has two VHF radios, in which case only one high frequency (HF) radio is sufficient.
2.3.1.2 Title 14 CFR part 121, § 121.351; part 125, § 125.203; and part 135, § 135.165 use a different term, “extended over-water” operations, defined in 14 CFR part 1, § 1.1 as more than 5 0 NM from the nearest shoreline.
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2.3.1.2.1 Section 121.351 specifically requires two “independent long-range navigation systems” for extended over-water operations.
2.3.1.2.2 Sections 125.203 and 135.165 use different language, and only require “two approved independent navigation systems suitable for navigating the airplane along the route” within the “degree of accuracy required for ATC.” This allows extended over-water operations along ATS routes that have ground-based Navigational Aid (NAVAID) coverage, without any LRNS.
2.3.1.2.3 For parts 121, 125, and 135, extended over-water operations “in certain geographic areas” with only a single LRNS can be authorized via operations specification (OpSpec) B054, which defines an area by coordinates where only one LRNS is sufficient.
2.3.1.2.4 Extended overwater operations outside VHF voice communication coverage require two LRCSs, except for holders of OpSpec B045, which defines an area by coordinates where only one LRCS is sufficient.
2.3.2 FAA regulations governing “Flight Rules” (this is the title of part 91 subpart B), on the other hand, are applicable to all operators, in U.S. sovereign airspace only.1 These so-called “flight and maneuver” regulations are generally harmonized with ICAO rules, in accordance with Article 12 to the Chicago Convention. Exceptions are listed as “Differences” in the relevant AIP. In the U.S. AIP, these are found in Section GEN 1.7, Differences From ICAO Standards, Recommended Practices and Procedures.
2.3.3 U.S. operators flying outside U.S. sovereign airspace must abide by the “flight and maneuver” regulations in effect for that airspace. If the airspace is “high seas” (“high seas” airspace generally begins outside 12 NM from the nearest shore), the applicable rules are found in ICAO Annex 2 (titled “Rules of the Air”), and ICAO Doc 7030.2 In other countries’ sovereign airspace, information on regulations is found in the relevant AIP, with Differences from ICAO SARPs also notified there.
2.3.3.1 Section 91.703 says that you must comply with ICAO Annex 2 if you operate your U.S.-registered aircraft “over the high seas.” Section 91.703 further requires that you, when within a foreign country, follow the rules “relating to the flight and maneuver of aircraft there in force.”
2.3.3.2 According to §§ 121.11, 125.23(b), and 135.3(a)(2), for operations under each respective part, when operating within a foreign country, you must comply with the air traffic rules of the country concerned and any local airport rules that may be in force. You must also follow all rules of that part that are more
1 Exception: § 91.703 imposes the following subpart B flight rules for operations of civil aircraft of U.S. registry over the high seas: §§ 91.117(c), 91.127, 91.129, and 91.131.
2 In addition, 14 CFR contains three flight and maneuver regulations (listed in footnote 1) which apply to operations of civil aircraft of U.S. registry over the high seas.
2-5 restrictive than the rules of the foreign country in which you are operating, as long as you can do so without violating the rules of that country.
Note: In some countries, Annex 6 fuel requirements are in force, which may be more restrictive than applicable 14 CFR rules.
2.3.4 Differing Airspace Requirements. It is quite possible to transit regions with significantly different procedures in one long-range flight. Therefore, you should familiarize yourself with the equipment and procedural requirements to file and fly in each segment of foreign airspace in which you intend to operate by referencing, for example, the appropriate State’s AIP.
2.4 ICAO Guidance Documents and Reference Material. Find the following ICAO documents at the ICAO store at https://store.icao.int.
2.4.1 Guidance Documents. We developed much of the material in this AC from these foundational documents: ICAO Annexes, other ICAO guidance documents, related sections of 14 CFR, and other FAA guidance material.
2.4.2 Chicago Convention. We single out the following articles of the Convention on International Civil Aviation (listed in ICAO Doc 7300) because of their importance in regulating international aviation. If you operate in oceanic and remote continental airspace, you should thoroughly understand them.
• Article 1, Sovereignty.
• Article 12, Rules of the Air.
• Article 29, Documents Carried in Aircraft.
2.4.3 ICAO Publications. T he principal purpose of ICAO publications is the “systematic and prompt dissemination in concise form of the policies and activities of the Organization…” These publications consist of Annexes, documents with “Procedures for Air Navigation Services” and “Regional Supplementary Procedures” in the name, manuals, and other similar publications. The following is a brief description of each category of publications, beginning with the most authoritative, and moving down the hierarchy.
2.4.3.1 An nexes. There are 19 Annexes (named in paragraph 2.2 above) to the Convention on International Civil Aviation (listed in ICAO Doc 7300). They state the SARPs.
2.4.3.2 Pro cedures for Air Navigation Services (PANS) and Regional Supplementary Procedures (SUPPS). ICAO publications with “Procedures for Air Navigation Services” in the title have special status, as does the publication “Regional Supplementary Procedures.”
2.4.3.2.1 ICAO Doc 4444, Procedures for Air Navigation Services—Air Traffic Management (PANS-ATM). These procedures complement the SARPs
2-6 contained in ICAO Annex 2 and Annex 11, and specify, in greater detail than in the SARPs, the actual procedures Air Traffic Service (ATS) units apply when providing various services to air traffic.
2.4.3.2.2 I CAO Doc 8168, Procedures for Air Navigation Services—Aircraft Operations (PANS-OPS). This document has three volumes:
1. Volume I, Flight Procedures, describes operational requirements for flying the procedures designed in accordance with the criteria provided in Volume II.
2. Volume II, Construction of Visual and Instrumental Flight Procedures, is intended for the guidance of procedures specialists and describes the essential areas and obstacle clearance requirements for the achievement of safe, regular instrument flight operations. It provides the basic guidelines to States, and those operators and organizations producing instrument flight charts, that will result in uniform practices at all aerodromes where instrument flight procedures are carried out.
3. Volume III, Aircraft Operating Procedures, describes operational procedures recommended for the guidance of flight operations personnel and flightcrew.
2.4.3.2.3 I CAO Doc 7030, Regional Supplementary Procedures. For each ICAO region, ICAO Doc 7030 provides detailed procedures designed to meet those needs of specific areas that are not covered in the worldwide provisions contained in the Annexes and PANS documents. The SUPPS complement the statement of requirements for facilities and services contained in the Air Navigation Plan publications.
Note: T o illustrate the hierarchy among ICAO publications, we can look at the topic of communication failure. ICAO Annex 2 details global procedures on communication failure. ICAO Doc 4444 elaborates on those procedures, which, “unless otherwise prescribed on the basis of regional air navigation agreement,” are in effect. ICAO Doc 7030 describes such regional agreements. FAA principal inspectors (PI) and specialists within the FAA’s Flight Technologies and Procedures Division, Flight Operations Group can help you understand the relationship between various ICAO publications.
2.4.3.3 Manuals. Similar to our ACs, ICAO manuals provide guidance and information concerning selected aspects of aeronautical activity or facilitating the uniform application of ICAO SARPs. Therefore, you should familiarize yourself with the following documents (current editions) prior to undertaking operations in oceanic and remote continental airspace. The following are the more prominent ICAO manuals:
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2.4.3.3.1 I CAO Doc 9574, Manual on a 300m (1,000 ft) Vertical Separation Minimum Between FL 290 and FL 410 Inclusive. ICAO Doc 9574 provides States’ regional planning groups with a basis for the revision of documents, procedures, and programs to enable the maintenance of a 300m (1,000 ft) vertical separation minimum between flight level (FL) 290 and FL 410 inclusive, in accordance with the criteria and requirements developed by ICAO. It provides guidance to State aviation authorities on those measures necessary to ensure that the criteria and requirements are met within their area of responsibility, as well as background information for operators to assist in the development of operating manuals and flightcrew procedures.
2.4.3.3.2 ICAO Doc 9613, Performance-based Navigation (PBN) Manual. This manual provides practical guidance on how to implement Area Navigation (RNAV) and Required Navigation Performance (RNP) applications, and how to ensure that the performance requirements are appropriate for the planned application.
2.4.3.3.3 ICAO Doc 9869, Performance-based Communication and Surveillance (PBCS) Manual. This guidance material explains the concepts of Required Communication Performance (RCP) and Required Surveillance Performance (RSP), identifies RCP and RSP requirements applicable to the provision and use of ATS, and provides a basis for the application of RCP and RSP in a specified airspace.
2.4.3.3.4 ICAO Doc 10037, Global Operational Data Link (GOLD) Manual. The GOLD Manual addresses data link service provision, operator readiness, controller and flightcrew procedures, performance-based specifications, and post-implementation monitoring and analysis. GOLD provides guidance and information concerning data link operations and is intended to facilitate the uniform application of ICAO SARPs contained in ICAO Annex 2, Annex 10, and Annex 11; the provisions in ICAO Doc 4444; and, when necessary, ICAO Doc 7030.
2.4.3.3.5 I CAO NAT Doc 007, North Atlantic Operations and Airspace Manual. This document provides information for aircraft operating agencies, pilots, and dispatchers planning and conducting operations in or above the North Atlantic High Level Airspace (NAT HLA). It also offers guidance to the State regulators responsible for the approval/certification/licensing of such aircraft operators, pilots, or dispatchers.
Note: O perators flying below NAT HLA should pay particular attention to ICAO NAT Doc 007, Chapter 17, Flight Operations Below the NAT HLA. Information in the North Atlantic International General Aviation Operations Manual (NAT IGA) was incorporated into ICAO NAT Doc 007 in 2013.
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2.4.4 O ther References:
1. ICAO Satellite Voice Guidance Material (SVGM), available at https://www.icao.int/apac/documents/edocs/cns/satvoice_svgm_v1.pdf. This document is intended to maximize the operational benefits of SATVOICE implementations by promoting seamless and interoperable SATVOICE operations throughout the world. The document provides guidance and information concerning SATVOICE communications for aeronautical use and is intended to facilitate the uniform application of ICAO SARPs contained in ICAO Annex 2, the provisions in ICAO Doc 4444, and, when necessary, ICAO Doc 7030.
2. T he FAA w ebsite at https://www.faa.gov.
3. Resource Guides for United States Operators:
a. North Atlantic (NAT) Resource Guide for U.S. Operators at https://www.faa.gov/headquartersoffices/avs/nat-resource-guide.
b. Pacific Resource Guide for U.S. Operators at https://www.faa.gov/headquartersof fices/avs/pacific-resource-guide.
c. West Atlantic, Gulf of Mexico, and Caribbean Resource Guide for U.S. Operators at https://www.faa.gov/headquartersoffices/avs/wa t-gomex-and-caribbeanresource-guide.
Note: Contact information for specialists from the Flight Operations Group can be obtained from the responsible Flight Standards office, and is available in these resource guides.
4. Applicable FAA Domestic/International Notices and Notices to Air Missions (NOTAM).
5. U.S. AIP and applicable foreign AIPs. The AIP is the State’s official publication that defines and describes the airspace, aeronautical facilities, services, and national rules and practices pertaining to air traffic, particularly if they differ from ICAO SARPs (“differences” are listed in AIPs). Eurocontrol maintains a global listing of links to AIPs here: https://eurocontrol.int/articles/ais- online. Refer to the current AIP for any States whose airspace you intend to operate in/through.
6. R egulations of the foreign countries over which you intend to fly.
7. The customs procedures, cultural considerations, entry and overflight procedures, and health and safety precautions for each country in which you intend to land.
8. The “Oceanic and Remote” section of the FAA’s Flight Operations Group web page at https: //www.faa.gov/about/office_org/headquarters_offices/avs/offices/afx/afs/afs4 00/afs410/oceanic_remote. See in particular the “Ocean ic and Remote Continental Application Guide” posted there.
9. Th e “Data Communications” section of the FAA’s Flight Operations Group web page, at https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/a fx/afs/afs400/afs410/datacomm/. See in particular the “Data Link Communication Application Guide” posted there.
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10. NAT bulletins, found in the “EUR and NAT Documents” area of the ICAO website:
https://www.icao.int/EURNAT/Pages/EUR-and-NAT-Document.aspx.
2.5 Authorization to Operate in Oceanic/Remote Continental Airspace and Special Areas of Operation (SAO). The FAA requires all certificated U.S. operators to obtain operational authorization to fly in oceanic and/or remote continental airspace.3 The FAA requires all operators to obtain operational authorization to fly in some or all SAOs.
SAOs are areas with unique characteristics that require special equipment, procedures, and/or techniques. The Administrator grants authorization in the form of an OpSpec, a management specification (MSpec), or a Letter of Authorization (LOA), depending on what part of 14 CFR governs your operations.
2.5.1 Appendix B, Special Areas of Operation and OpSpecs/MSpecs/LOAs, provides more information on SAOs, related authorizations, and other operational authorizations pertaining to oceanic, remote continental, and en route operations.
2.5.1.1 T able B-1, SAO-R elated OpSpecs/MSpecs/LOAs, lists SAOs that require authorizations, broken down by part.
2.5.1.2 T able B-2, O ceanic and Remote/General En Route OpSpecs/MSpecs/LOAs, lists operations that require authorizations, broken down by part.
2.5.2 P art 91 operators only require authorizations as indicated in the footnotes to Tables B-1 and B-2.
2.6 Authorization Process. The FAA uses a five-phase process to approve operator applications. The responsible Flight Standards office can provide you with the details pertinent to each phase and your specific requirements.
2.6.1 P hase 1 . You determine a need for authorization and contact the FAA.
2.6.2 Phase 2. You formally submit a proposal for FAA evaluation.
2.6.3 Phase 3. We evaluate the request and determine what level of demonstration is required.
We may conduct the demonstration within the responsible Flight Standards office, at your site of operations, or at another suitable location.
2.6.4 Phase 4. W e observe and evaluate a demonstration of your ability to perform in accordance with your proposal. This is an operational evaluation. If the demonstration is unsuccessful, we will provide feedback on deficient areas and their resolution.
3 Certificated operators holding OpSpec B032/MSpec B031, En Route Limitations and Provisions, do not need OpSpec/MSpec B036, Oceanic and Remote Continental Navigation Using Multiple Long-Range Navigation Systems, provided they adhere to the OpSpec B032/MSpec B031 limitation of being able to obtain a “reliable fix” at least once each hour from a standard ICAO ground-based Navigational Aid (NAVAID).
2-10 Note: Flight or line observations are not required for GA LOA applications. For GA operators, we evaluate your application and if warranted, conduct a knowledge validation (tabletop exercise and/or static airplane demonstration).
2.6.5 P hase 5. If your demonstration is successful, we issue the requested OpSpec/MSpec/LOA.
2.7 We b- Based Operations Safety System (WebOPSS).
2.7.1 Web OPSS Access. WebOPSS is the FAA’s document management system for issuing OpSpecs, MSpecs, and LOAs to air operators as indicated in 14 CFR. Authorized aviation industry personnel can apply for access to WebOPSS through their PIs.
WebOPSS access allows industry personnel to view and propose changes to their authorizations, which can expedite applications.
2.7.2 WebOPSS Training. Y ou will require training prior to receiving WebOPSS access. You can accomplish the training either through an FAA inspector or by taking the WebOPSS formal training course through the FAA’s Mike Monroney Aeronautical Center (MMAC).
Note: T he Operations Approval Portal System (OAPS) was introduced late 2018 to streamline processing of NextGen authorizations. OAPS allows bundling, and is integrated with WebOPSS. To register for an account, follow instructions on the web page: https://oaps.faa.gov/. For s upport and/or questions, email 9-AWA-AVS-AFS-OAPS@faa.gov.
3-1 CHAPTER 3. PILOT QUALIFICATION AND TRAINING GUIDANCE FOR OCEANIC
AND REMOTE CONTINENTAL AIRSPACE OPERATIONS
3.1 Training Requirements for Oceanic and Remote Continental Airspace Operations.
3.1.1 Certificated Operator Training. Certificated operators are required to have training approved by the Administrator.4 This normally takes place during the certification process and prior to issuance of OpSpecs or MSpecs.
3.1.2 GA Training. If you are a GA pilot desiring to indicate RNP capability in oceanic and remote continental airspace, you need operational approval via an LOA (see Appendix B, paragraph B.1).5 One or more of the following actions may satisfy training requirements:
1. Completing an operator’s oceanic operations current training program.
2. Completing a commercial oceanic operations current training program.
3. Submitting military training records indicating prior oceanic operations experience.
4. Using other methods indicating that you can safely conduct oceanic operations.
Examples could include written testing, oral testing, or evidence of prior recent experience.
3.1.3 Relevant Subject Matter. The following items are examples of the subject matter with which you should be familiar in order to conduct operations in oceanic and remote continental airspace (as required based on the types of operations being conducted):
1. Title 14 CFR (applicable parts).
2. ICAO SARPs and measurement standards.
3. Operator’s international operating procedures, to include the international operations manual,6 its organization and structure, and access via Electronic Flight Bag (EFB), as applicable.
4. Use of oceanic flight planning charts.
5. Sources and content of international flight publications.
6. Itinerary planning and overflight clearances.
7. Meteorology, including Significant Weather (SIGWX) charts, prognostic weather charts, tropopause prognostic charts, and Terminal Aerodrome Forecasts (TAF), as well as contingency procedures for weather diversions.
8. Preparation of international flight plans, plotting charts, and operational flight plans (OFP)/flight logs, to include Equal Time Point (ETP) calculations. These include the
4 Regulatory references are §§ 91.1073, 121.401, 125.296, and 135.323.
5 Regulatory reference is § 91.703, which incorporates ICAO Annex 2 by reference. Annex 2, in turn, refers to ICAO Doc 7030, which requires State of the Operator or State of Registry approval for oceanic RNP operations.
6 See also Appendix G, Suggested Subjects for Inclusion in Oceanic and International Procedures and/or an Operations Manual.
3-2 communications, navigation, and surveillance capability codes appropriate to your aircraft and your operational authorization.
9. Specific airspace requirements, to include communications, navigation, and surveillance equipment requirements and specific approvals (OpSpecs/MSpecs/LOAs), as well as operational procedures related to Reduced Vertical Separation Minimum (RVSM) and RNP.
10. Long-range, air-to-ground communication procedures, including all data link and satellite communications (SATCOM) voice operations, as applicable.
11. En route and terminal procedures—differences from U.S. procedures.
12. Use of oceanic checklists.
13. Oceanic error risk mitigations.
14. Understanding of Strategic Lateral Offset Procedures (SLOP).
15. Air traffic clearances, to include proper terminology and phraseology.
16. Emergency and contingency procedures (see Appendix F, Special Procedures for In-Flight Contingencies in Oceanic Airspace), including required emergency equipment, SAR techniques, navigation equipment failure techniques (to include dead reckoning (DR)), and communication equipment failure techniques.
17. Specialized training, ( e.g., if conducting operations in areas of magnetic unreliability (AMU), or for parts 121 and 135, ETOPS “preclude and protect” philosophy, as applicable).
18. Use of polar/remote area checklists.
19. P olar/remote continental terrain awareness, risk mitigations, and contingency options.