4-3 as described in Chapter 5, Operators Applying for RVSM OpSpecs, MSpecs, or LOAs.
2. For altitude-keeping performance monitoring purposes, the FAA tracks aircraft by serial number. Transfer of ownership or the registration number of a properly maintained aircraft does not affect aircraft RVSM status under part 91 appendix G, section 9.
4.3.5.2 The aircraft’s altitude-keeping performance must have been monitored within the previous 24 months in airspace the FAA can monitor the aircraft ADS-B OUT signal and found to be in RVSM compliance.
4.3.5.3 The aircraft must continue to meet the altitude-keeping performance specified in part 91 appendix G, section 9(b).
4.4 RVSM Altitude-Keeping Performance Website. U.S.-registered operators may obtain monitoring performance from the FAA altitude-keeping performance website at https://www.faa.gov/air_traffic/separation_standards/naarmo/.
4.4.1 If the operator does not meet the monitoring requirements specified in paragraph 4.3.5, the operator must file as non-RVSM aircraft until the issue is resolved. Common resolution actions include:
1. If a specific operational issue is identified as the cause of the unsatisfactory performance, conduct appropriate knowledge training and/or modification of training programs, as applicable, and obtain concurrence from the FAA Flight Standards Service prior to resuming RVSM operations;
2. If the unsatisfactory performance is attributed to an aircraft component failure, RVSM operation may be resumed after repair and return to service of the aircraft. The operator must comply with the provisions of paragraph 4.3.5 (initial RVSM operation flight); or
3. If the cause of the unsatisfactory performance cannot be attributed to an operational issue or aircraft component failure, an airworthiness evaluation of the aircraft must take place with attention to conformity of design and alterations/modifications, with discrepancies noted and repaired. Prior to resuming RVSM operations, a monitoring flight of the aircraft in normal operating configuration must be performed to ensure acceptable performance and obtain concurrence from the FAA Flight Standards Service prior to resuming RVSM operations.
4.4.2 Operators of airplanes that do not routinely operate in airspace where sufficient ADS-B data is available to the FAA to determine RVSM performance, or when a foreign country requires a specific approval, may seek an RVSM authorization via operations specification (OpSpec), management specification (MSpec), or letter of authorization (LOA) under the provisions of part 91 appendix G, section 3. (See Chapter 5.)
5-1 CHAPTER 5. OPERATORS APPLYING FOR RVSM OPSPECS, MSPECS, OR LOAs
5.1 Introduction. This chapter provides guidance on applying for RVSM authorization under the provisions of 14 CFR part 91 appendix G, section 3. Operators must obtain an operations specification (OpSpec), management specification (MSpec), or letter of authorization (LOA) for RVSM operations to operate an aircraft that is not Automatic Dependent Surveillance-Broadcast (ADS-B) OUT-equipped, or when operating in a country requiring specific approval. Operators may also obtain this approval if the aircraft is not routinely flown in airspace where the FAA has sufficient ADS-B data to determine RVSM performance.
5.1.1 D efinitions . For the purposes of efficiency and consistency, when the various capitalized terms below are used in this AC, then they have the following meanings:
1. Operator. The person who should be the RVSM authorization applicant and holder. See paragraph 5.6 for a detailed discussion on who is and is not the correct person to be designated as an operator for the purposes of holding an RVSM authorization.
2. RVSM-Compliant Aircraft. An aircraft the FAA has found to comply with the requirements of part 91 appendix G, for the purposes of conducting RVSM operations. (See Chapter 2, Aircraft Eligibility.)
3. RVSM-Knowledgeable Pilots. Pilots who have been trained according to RVSM operating policies and/or procedures for pilots (and, if applicable, dispatchers) with sufficient knowledge for the conduct of operations in RVSM airspace. (See Chapter 3, Knowledge and Training.)
4. RVSM-Point of Contact (POC). A person an operator can designate in addition to the RVSM-Responsible Person to act as a contact person who has actual day-to-day knowledge of the RVSM-Compliant Aircraft operations and RVSM airworthiness status and who the FAA may contact to gather such information when the need arises.
5. RVSM-Responsible Person. A person(s) designated by the operator who has the legal authority to sign the RVSM authorization on behalf of the operator and who has adequate knowledge of RVSM requirements, policies, and procedures. (See paragraph 5.7.)
5.2 RVSM Authorization Elements Background. The RVSM authorization process recognizes two key elements of any RVSM authorization: an RVSM-Compliant Aircraft (see Chapter 2) and properly trained pilots who have met applicable RVSM-Knowledgeable Pilots requirements (see Chapter 3). Under the provisions of part 91 appendix G, section 3, an operator must comply with both of these elements to be authorized to operate in RVSM airspace.
5.3 Authorization Matrix. The RVSM Authorization Matrix (or simply the “Matrix”) is a tool created to assist operators and the FAA in determining the typical documentation needed for application and which RVSM authorization approval action the applicant
5-2 is seeking. (See Appendix F, Decision Matrix When Applying for an RVSM OpSpec, MSpec, or LOA.)
5.3.1 Authorization Group I. Authorization Group I applies to applicants seeking only administrative changes to an existing authorization. The following changes are considered to be administrative in nature only when all other existing RVSM elements are not changed:
1. C hange in the primary business address of an RVSM-Compliant Aircraft and/or RVSM authorization holder.
2. Change in an existing RVSM operator’s designated Responsible Person (or RVSM-Authorized Representative or RVSM-POC).
3. Change in the registration markings of an RVSM-Compliant Aircraft being operated by an existing RVSM authorization holder.
4. Removal of an RVSM-Compliant Aircraft from an existing RVSM authorization having multiple RVSM-Compliant Aircraft listed.
5.3.2 A uthorization Group II. Authorization Group II applies to applicants seeking new RVSM authorizations based on one or more existing approved RVSM elements. This Group will normally apply to a new or proposed RVSM operator seeking the issuance of an RVSM authorization for an aircraft already an RVSM-Compliant Aircraft or where the new RVSM operator will be utilizing previously accepted RVSM-Knowledgeable Pilots requirements with respect to its operations of that specific aircraft. Examples given in the Matrix include:
1. T here is a change in the legal status or identity of the business entity that is the approved RVSM operator, but the Responsible Person, RVSM-Authorized Representative, and/or RVSM-POC and each of the approved RVSM Authorization Elements are remaining the same.
2. A new proposed RVSM operator will be using an existing RVSM-Compliant Aircraft or previously accepted RVSM-Knowledgeable Pilots.
3. An existing or newly proposed approved RVSM operator seeks an RVSM authorization and will be utilizing one or more existing approved RVSM Authorization Elements.
5.3.3 A uthorization Group III. Authorization Group III applies to applicants for new RVSM authorizations not based on any existing RVSM Authorization Elements. If neither Authorization Group I nor II apply, the applicant should submit sufficient evidence to show its ability to comply with each of the RVSM Authorization Elements.
5.3.4 Additional Issues When Using the Matrix. The FAA has created inspector guidance to allow for the most efficient processing of an RVSM authorization without sacrificing operational safety. While a safety inspector may rely on that guidance in issuing new or amended RVSM authorizations, applicants should understand each appropriate Flight Standards office, principal operations inspector (POI), principal avionics inspector (PAI),
5-3 principal maintenance inspector (PMI), and/or aviation safety inspector (ASI) retains the a uthority to conduct as much review and research with respect to any proposed RVSM-Compliant Aircraft or RVSM-Knowledgeable Pilots requirements as is warranted. This authority is to ensure safety and regulatory compliance requirements have been met. Applicants should also understand that it is the operator’s responsibility to ensure documentation reflects the requirements for authorization. A positive statement by the operator detailing any changes made to previously approved programs can assist the inspector in determining the level of review necessary.
5.4 A pplying for an RVSM OpSpec, MSpec, or LOA. A summary of this process is as follows:
1. The applicant identifies the appropriate FAA office to apply to. (See paragraph 5.8.1.)
2. The applicant determines if a new RVSM authorization is required, or if only an amendment to an existing RVSM authorization is required. (See paragraph 5.8.2 and Appendix F.)
3. If only an amendment to an existing RVSM authorization is required, then the applicant follows the procedures described with respect to Authorization Group I in the Matrix.
4. If the applicant determines a new RVSM authorization is required, then the applicant should first determine who the correct operator will be with respect to applying for and holding the RVSM authorization.
5. Once the appropriate operator is determined, the applicant will determine if it will be using any existing RVSM Authorization Elements, and if so, will then follow the process described in paragraph 5.8.4 w ith respect to Authorization Group II in the Matrix.
5.5 Pr oviding Evidence for RVSM Authorization. An operator applying for authorization under the provisions of part 91 appendix G, section 3 must provide evidence the aircraft is RVSM-compliant and the pilots have knowledge sufficient for the conduct of operations in RVSM airspace.
5.5.1 RVS M -Compliant Aircraft. Aircraft may be produced RVSM-compliant or brought into compliance through the application of appropriate Service Bulletins (SB), Service Letters (SL), Engineering Change Orders (EO), or Supplemental Type Certificates (STC). (See Chapter 2.)
1. If the aircraft was manufactured RVSM-compliant, the date of the airworthiness certificate is usually the compliancy date. (For additional information, refer to the Airplane Flight Manual (AFM), AFM Supplement (AFMS), and/or Type Certificate Data Sheet (TCDS).)
2. If the aircraft was made RVSM-compliant through an SB, STC, or SL, or other appropriate methods, the RVSM-compliant date will be listed in the
5-4 airframe maintenance log. Include copies of the maintenance record return-to-service entry.
5.5.2 RVS M -Knowledgeable Pilots. To obtain authorization from the Administrator to conduct operations in RVSM airspace, the Administrator must find the operator to have adopted RVSM operating policies and/or procedures for pilots (and, if applicable, dispatchers) and ensure each pilot has adequate knowledge of RVSM requirements, policies, and procedures with those pilots (and, if applicable, dispatchers) being referred to in this AC as “RVSM-Knowledgeable Pilots.” (See Chapter 3.)
5.5.2.1 For an applicant operating only under part 91 or 14 CFR part 125 (including part 125 Letter of Deviation Authority (A125 LODA) holders), demonstrating it has RVSM-Knowledgeable Pilots will consist of providing evidence to ensure sufficient knowledge for the conduct of operations in RVSM airspace as required by part 91 appendix G, section 3(c)(2). The following are acceptable means for the operator to show the FAA that its pilots have adequate knowledge of the RVSM operating practices and procedures:
• T itle 14 CFR part 142 training center certificates without further evaluation;
• C ertificates documenting completion of a course of instruction on RVSM policy and procedures; and/or
• An operator’s in-house training program.
Note: The FAA, at its discretion, may evaluate a training course prior to accepting a training certificate.
5.5.2.2 For an applicant who operates under 14 CFR part 91 subpart K (part 91K), 121, or 135, in addition to meeting knowledge requirements for part 91 operators, that applicant will need to provide sufficient evidence of initial and recurring pilot training and/or testing requirements, as well as policies and procedures allowing the operator to conduct RVSM operations safely as required in part 91 appendix G, section 3(b)(2) and (3).
5.6 R VSM Applicant.
5.6.1 W ho is the Correct Person to Apply for and Hold the RVSM Authorization? The person exercising operational control of the aircraft during the operation requiring an RVSM authorization is the proper person to be the applicant for that authorization. It is important to note it is the RVSM applicant’s responsibility to submit a request for RVSM authorization in the name of the person having operational control of the aircraft, not the responsibility of the specific ASI to make such a determination. The following general information may be useful in assisting the RVSM applicant in determining if the appropriate party has been properly designated as the legal operator with respect to the RVSM authorization request:
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5.6.1.1 For commercial and fractional ownership program operations conducted under parts 91K, 121, 125, and 135, the authorization applicant and holder should be the operating certificate holder, air carrier certificate holder, or fractional ownership program manager. The authorization will be issued in the form of an appropriate OpSpec or MSpec.
5.6.1.2 For noncommercial operations conducted under part 91 and part 125 (A125 LODA holders), the authorization applicant and legal operator should normally be one of the following persons. The authorization will be issued in the form of an appropriate LOA:
• A registered owner of the aircraft operating the aircraft incidental to its own non-air transportation business or personal activity.
• A person assuming operational control of the aircraft through a lease or use agreement for that person’s operation of the aircraft incidental to that person’s own non-air transportation business or personal activity.
Note: The legal operator will generally not be an owner trustee not operating the aircraft for its own business; a management company that has not accepted a transfer of operational control from the operator; or a holding company or bank that holds title to the aircraft solely for the purpose of leasing or transferring operational control of the aircraft to other persons.
5.6.1.3 It is both possible and common to have multiple operators for part 91, part 91K, and/or part 125/135 aircraft over a short period of time and on a non-exclusive basis (e.g., multiple dry leases for the use of any one aircraft can be in place at one time). In such instances, each individual operator is required to have an appropriate RVSM authorization issued in its own name in order for that operator to have access to RVSM airspace. For example, if an aircraft owner elects to lease the aircraft to a part 135 certificate holder for charter operations but retain operational control of the aircraft for its own part 91 flights, then the part 135 certificate holder will hold its RVSM authorization under its OpSpec for those charter operations, and the owner will simultaneously hold a separate RVSM LOA for its own part 91 operations.
5.7 Responsible Person. For part 91 RVSM applicants, the application for authorization to operate within RVSM airspace must include the designation of a Responsible Person, and may further include the designation of a separate RVSM-POC, as follows:
5.7.1 The operator should designate a person(s) who has the legal authority to sign the RVSM authorization on behalf of the operator and who has adequate knowledge of RVSM requirements, policies, and procedures. That person may be the individual person who will be the operator, or, if the operator is a legal entity, then an officer or employee of that entity, or a separate person with whom that individual person or entity has contracted
5-6 to act on behalf of the individual person or legal entity with respect to the RVSM authorization.
5.7.2 The operator should also designate a person(s) to act as a contact person who has actual day-to-day knowledge of the RVSM-Compliant Aircraft operations and RVSM airworthiness status and who the FAA may contact to gather such information when the need arises.
5.7.3 The operator may use one individual to fulfill both roles as described in paragraphs 5.7.1 and 5.7.2, or the operator may elect to designate separate persons to fulfill these roles.
5.7.4 W hoever the operator designates to fulfill the role described in paragraph 5.7.1 will be designated as the “Responsible Person,” and that Responsible Person will sign LOAs, as appropriate.
5.7.5 If the operator chooses to use separate individuals, then the person fulfilling the role described in paragraph 5.7.2 will be designated as the “RVSM-POC.” In such an event, the separate person designated as the RVSM-POC (i.e., someone who has not also been designated as a Responsible Person) will not have any authority to sign the RVSM authorization on behalf of the operator. Additionally, if an operator has designated a separate RVSM-POC, then that is the individual the FAA should first contact with respect to the operator’s RVSM-Compliant Aircraft operations and RVSM airworthiness status.
5.7.6 In any event, the Responsible Person and/or the RVSM-POC should be a person having ongoing knowledge of the operations of the aircraft under the RVSM authorization.
5.7.7 Additionally, it generally is not appropriate to designate an “Agent for Service” with respect to RVSM authorizations being issued to part 91.
Note: Refer to LOA B046, Operations in Reduced Vertical Separation Minimum (RVSM) Airspace, for further details regarding Responsible Persons.
5.8 Considerations When Applying for an RVSM OpSpec, MSpec, or LOA.
5.8.1 P reapplication Meeting . The regulations do not require an applicant to participate in a preapplication meeting. However, an applicant may wish to request a preapplication meeting if the applicant is unfamiliar with the application process, seeks additional information with respect to RVSM authorizations, or has other questions concerning how to move forward with the application process.
5.8.1.1 A n applicant who wishes to request a preapplication meeting should make initial contact with the FAA office as follows:
1. Parts 91K, 121, 125 (A125 LODA holders), and 135 operators should notify the appropriate Flight Standards office of their intent to obtain authorization for RVSM operations.
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2. Part 91 operators apply for an RVSM LOA to the appropriate Flight Standards office with a service area covering the operator’s primary business address. If your primary business address is not in the United States, apply to the appropriate International Field Office (IFO) at http://www.faa.gov/about/office_org/field_offices/i fo/. Once on the websi te, click on the service area under each office for additional information.
5.8.2 Application Requirements. P rior to making a request, determine if the procedures for Authorization Group I, Authorization Group II, or Authorization Group III should apply.
Note: I n your written request to the appropriate Flig ht Standards office, use Appendix F, Table F-1, RVSM Decision Matrix, to identify the specific RVSM Authorization Group for your request. Include sufficient administrative information to allow the FAA inspector to make the necessary form field entries when creating the authorization document. Providing sufficient information to the appropriate Flight Standards office can assist in streamlining the application process and help prevent processing delays while the inspector waits for the needed information to be submitted.
5.8.3 General Steps for an Application Which Falls Within RVSM Authorization Group I.
5.8.3.1 Prior to making a request for service for an authorization amendment, each existing authorization holder should make a positive determination that none of the previously accepted RVSM Authorization Elements are changing.
5.8.3.2 That authorization holder should then submit a written request to the appropriate Flight Standards office that:
1. States which of the applicable administrative changes are occurring;
2. Further affirmatively states none of the previously accepted RVSM Authorization Elements forming the basis for the initial issuance of the affected RVSM authorization have changed or are changing; and
3. Requests the issuance of an amendment to the existing RVSM authorization acknowledging the administrative change being made.
5.8.3.3 The authorization holder should also provide such further information as requested by the FAA to efficiently process the request.
5.8.4 G eneral Steps for an Application Which Falls Within RVSM Authorization Group II.
5.8.4.1 The applicant should make a positive determination the existing or new proposed RVSM operator is seeking an RVSM authorization utilizing at least one previously approved/accepted RVSM Authorization Element.
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5.8.4.2 Submit a written request to the appropriate Flight Standards office that:
1. Provides complete documentation of an RVSM-compliant program, including written information evidencing the specific aircraft meets the requirements of an RVSM-Compliant Aircraft;
2. Further specifically states previously accepted RVSM-Knowledgeable Pilots requirements will be used with respect to the operation of the proposed approved RVSM aircraft in RVSM airspace, as applicable;
3. Provides such additional information as necessary to evidence compliance with new or different RVSM-Knowledgeable Pilots requirements (or to be able to gain such approvals); and
4. Asks for the issuance of an RVSM authorization applying to the operation of the aircraft by that proposed RVSM operator.
5.8.4.3 Provide such further information requested by the FAA to efficiently process the request.
5.8.5 General Steps for an Application Which Falls Within RVSM Authorization Group III.
5.8.5.1 In the event a proposed new or existing approved RVSM operator seeks the issuance of an RVSM authorization not based on any existing RVSM Authorization Element, then neither Authorization Group I nor II above will apply.
5.8.5.2 The applicant should submit a written request to the appropriate Flight Standards office with sufficient evidence to show its ability to comply with each of the RVSM Authorization Elements in paragraph 5.2, and the FAA should process the request as a new and unique request by reviewing all of the materials provided by the applicant to ensure each of the RVSM Authorization Elements have been met.
5.8.5.3 The applicant should also provide such further information requested by the FAA to efficiently process the request.
5.8.6 Other Items for Application.
5.8.6.1 Minimum Equipment List (MEL). Operators conducting operations under an MEL should include items pertinent to operating in RVSM airspace.
5.8.6.2 Operating History. An operating history should be included in the application, if applicable. The applicant should show any events or incidents related to poor altitude-keeping performance indicating weaknesses in training, procedures, maintenance, or the aircraft Group intended to be used.
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5.8.6.3 Participation in RVSM Altitude-Keeping Performance Monitoring. See Appendix E, RVSM Altitude-Ke eping Performance Monitoring When Operating With an RVSM OpSpec, MSpec, or LOA.
5.9 Applicable Forms for the RVSM Authorization Documents.
5.9.1 Parts 121, 125, and 135 Operators. Authorization for parts 121, 125, and 135 operators to operate in RVSM airspace should be granted through the issuance of an OpSpec from Part B, En Route Authorizations, Limitations, and Procedures; and Part D, Authorized Areas of En Route Operations, Limitations, and Provisions. Each aircraft for which the operator is granted authority should be listed in the OpSpecs. Authorization to conduct RVSM operations in an RVSM area of operations new to the operator should be granted by adding the Part B RVSM OpSpec number to the appropriate area of operations in OpSpec B050, Authorized Areas of En Route Operations, Limitations, and Provisions.
5.9.2 Part 129 Operators. The State of the Operator provides the operational authorization of RVSM for part 129. OpSpec A003, Aircraft Authorized f or Operations to the United States, is used to confirm that the foreign air carrier has operational approval. The State of the Operator must have regulation and supporting guidance documents for the issuance of RVSM. The following are examples of guidance documents the FAA considers to be consistent with ICAO standards on RVSM:
• The current edition of this AC 91- 85; and
• Joint Aviation Authority (JAA) Temporary Guidance Leaflet (TGL) No. 6, Guidance Material on the Approval of Aircraft and Operators for Flight in Airspace Above Flight Level 290 Where a 300 m (1,000 ft) Vertical Separation Minimum Is Applied.
Note: For part 129 operators, inspector guidance for OpSpec A003 is contained in F AA Order 8900.1, Volume 12, Chapter 2, Section 3, Part 129 Part A Operations Specifications.
5.9.3 Part 91K Operations. A part 91K program manager’s authorization for operations in RVSM airspace should be granted through the issuance of an MSpec from Part B and Part D. Authorization for RVSM is granted by MSpec B046, Operations in Reduced Vertical Separation Minimum (RVSM) Airspace. Each aircraft for which the operator is granted authority should be listed in MSpec D092, Airplanes Authorized for Operations in Designated Reduced Vertical Separation Minimum (RVSM) Airspace. Authorization to conduct RVSM operations in an RVSM area of operations new to the operator should be granted by adding the Part B RVSM OpSpec number to the appropriate area of operations in OpSpec B050.
5.9.4 Parts 91 and 125 (A125 LODA Holder) Operators. Pa rt 91 operators and part 125 operators holding a LODA should be issued an LOA when the initial authorization process has been completed.
Note: A L ODA is a formal authorization issued by the appropriate Flight Standards office, authorizing a deviation from specified sections of part 125 and
5-10 identified in the Web-based Operations Safety System (WebOPSS) (125M database) as an A125 LODA operator.
5.9.5 LOA Exemptions. Operators issued OpSpecs are not required to obtain an LOA for those operations conducted under part 91 provided that:
1. The aircraft is operated under the operator name listed on the OpSpecs.
2.
The flight is conducted in an area of operations listed in the OpSpecs.
3. The aircraft is operated under the conditions under which the OpSpecs were granted (e.g., if the operator holds part 121 or 135 OpSpecs, then the pilots used for the part 91 operation must have received part 121 or 135 training).
4. Each part 91 operation, not associated with a certificated operator, will need an LOA to operate in RVSM airspace.
5.10 Conditions Requiring the Removal of an Authorization.
Note: Examples of reasons for amendment, revocation, or restriction of RVSM authorization include, but are not limited to, the reasons listed in part 91 appendix G, section 7.
5.10.1 Altitude-K eeping Errors. The incidence of altitude-keeping errors tolerated in an RVSM environment is very small. It is incumbent upon each operator to take immediate action to rectify the conditions causing the error. The operator should also report the event to the FAA within 72 hours with initial analysis of causal factors and measures to prevent further events. The FAA should determine the requirement for followup reports. Errors which should be reported and investigated are: Total Vertical Error (TVE) equal to or greater than ±300 ft (±90 m), altimetry system error (ASE) equal to or greater than ±245 ft (±75 m), and assigned altitude deviation (AAD) equal to or greater than ±300 ft (±90 m).
5.10.2 Error Categories. A ltitude-keeping errors fall into two broad categories: 1) errors caused by malfunction of aircraft equipment, and 2) operational errors. An operator who commits an altitude-keeping error may be required to forfeit authority for RVSM operations. If a problem is identified related to one specific aircraft, then RVSM authority may be removed for the operator for that specific type.
5.10.3 Effective, Timely Response. The operator should make an effective, timely response to each altitude-keeping error report. The FAA may consider removing RVSM operational authorization if the operator response to an altitude-keeping error is not effective or timely. The FAA should also consider the operator’s past performance record in determining the action to take. If an operator shows a history of operational and/or airworthiness errors, then authorization may be removed until the root causes of these errors are shown to be eliminated and RVSM programs and procedures are shown to be effective. The FAA will review each situation on a case-by-case basis.
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5.10.4 Review Relevant OpSpec/MSpec/LOA Paragraphs. Operators may also consider reviewing all relevant paragraphs of their respective OpSpec, MSpec, or LOA
(e.g., A001, Issuance and Applicability) for elements which may affect RVSM authorizations.