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3.3.2 What Additional Operational Policy and Procedure Components Should be Considered with Respect to RVSM-Knowledgeable Pilots?
3.3.2.1 Applicants should consider standardizing practices and procedures in the following areas using the guidelines in Appendix B: flight planning, preflight procedures at the aircraft for each flight, procedures prior to RVSM airspace entry, in-flight procedures, and flightcrew training procedures. Paragraph B.7 contains special emphasis items for flightcrew training. Also, pilots and dispatchers (where applicable) should be knowledgeable on contingency and other procedures unique to an operator’s specific areas of operation. Also, Appendix C contains guidance on operations in oceanic and remote continental airspace.
3.3.2.2 Aircraft approved for RVSM can be used in RVSM operations worldwide.
This includes RVSM operation in continental areas such as Europe and the United States. Aircraft equipage and altitude-keeping performance requirements were developed using the highest density traffic counts in the world so aircraft could receive one-time approval for worldwide operations.
Operators starting RVSM operations in an RVSM area of operation new to them should ensure their RVSM programs incorporate any operations or continued airworthiness requirements unique to the new area of operations.
3.4 Who is the Proper Party to be the Applicant for, and the Operator Under, an RVSM Authorization?
3.4.1 Who is the Correct Person to Apply for and Have Issued 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 FSDO or a 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:
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, in which event the authorization will be issued in the form of an appropriate operations specification (OpSpec) or management specification (MSpec).
2. For non-commercial 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, in which event the authorization will be issued in the form of an appropriate letter of authorization (LOA):
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• 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.
3. It is both possible and common to have multiple Operators for part 91, 91K, and/or 125/135 aircraft over a short period of time and on a non-exclusive basis (for example, 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.
3.5 Who is a “Responsible Person,” and What Duties Does this Person Fulfill, Under an RVSM Authorization?
3.5.1 Who is a Responsible Person and How Does this Relate to RVSM Authorizations?
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:
3.5.1.1 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 who that individual person or entity has contracted with in order to act on behalf of the individual person or legal entity with respect to the RVSM authorization.
3.5.1.2 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 the FAA may contact to gather such information when such a need arises.
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3.5.1.3 The Operator may use one individual to fulfill both roles as described in paragraphs 3.5.1.1 and 3.5.1.2, or the Operator may elect to designate separate persons to fulfill these roles.
3.5.1.4 Whoever the Operator designates to fulfill the role described in paragraph 3.5.1.1 will be designated as the “Responsible Person,” and that Responsible Person will sign LOAs, as appropriate.
3.5.1.5 If the Operator chooses to use separate individuals, then the person fulfilling the role described in paragraph 3.5.1.2 will be designated as the “RVSM-POC.” In such 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.
3.5.1.6 In any event, the Responsible Person and/or the RVSM-POC should be a person having on-going knowledge of the operations of the aircraft under the RVSM authorization.
3.5.1.7 Additionally, it generally is not appropriate to designate an “Agent for Service” with respect to RVSM authorizations being issued to part 91.
Note: See LOA template B046 for further details regarding Responsible Persons.
3.6 What Other Issues Should be Addressed by Applicants with Respect to Requests for RVSM Authorizations?
3.6.1 RVSM Configuration List. The applicant should provide a configuration list, for the applicable aircraft, which details components and equipment relevant to RVSM operations. (See Appendix A for a discussion of equipment for RVSM operations.)
3.6.2 Minimum Equipment List (MEL). Operators conducting operations under an MEL adopted from the Master Minimum Equipment List (MMEL) should include items pertinent to operating in RVSM airspace.
3.6.3 Operating History. An operating history should be included in the application, if applicable. The applicant should show any events or incidents related to poor height-keeping performance indicating weaknesses in training, procedures, maintenance, or the aircraft group intended to be used.
3.6.4 RVSM Height Monitoring. RVSM height monitoring was implemented with the establishment of RVSM airspace to ensure implementation and continued operation of RVSM meets safety objectives. Compliant height-keeping performance of airplanes is a key element in ensuring safe operations in RVSM airspace. RVSM is a “performance-
3-6 based” operation requiring ongoing, independent monitoring to ensure that the RVSM airspace airplane population adheres to stringent altimetry system requirements.
Note 1: The requirement for operational flight monitoring may not be included in the Operator’s ICA.
Note 2: For a detailed discussion of RVSM height monitoring, see the RVSM Height Monitoring Guide for U.S. Operators on the FAA’s RVSM Web page in the Monitoring Requirements and Procedures section.
3.6.4.1 Who must participate in RVSM height monitoring? All Operators wishing to conduct operations in RVSM-designated airspace are required to participate in RVSM height monitoring.
1. Existing rule part 91, § 91.180 requires operations within airspace designated as RVSM to “comply with the minimum standards of appendix G of this part.” Part 91 appendix G, section 2(d), (e), and (f) stipulate the requirements for ASE containment.
2. Part 91 appendix G, section 3 stipulates how the Operator, in a manner prescribed by the Administrator, must provide evidence “it is capable to operate and maintain each aircraft or aircraft group for which it applies for approval to operate in RVSM airspace.”
Height monitoring is the method prescribed to verify ASE remains within required performance limits.
3.6.4.2 When do I have to get my airplanes monitored? U.S.-registered Operators are required to conduct initial height monitoring within 6 months of the authorization date of issue and must conduct height monitoring every 2 years or within intervals of 1,000 flight hours, whichever period is longer.
1. Monitoring is not required prior to being granted operational approval.
2. Evidence of previous successful monitoring of an airplane transfers to a new owner and may be used to meet the monitoring requirements.
3. When calculating the 1,000 hour provision of the minimum monitoring requirement, the calculation of the flight time should be from the last satisfactory height monitoring date on record.
3.6.4.3 How many airplanes need to be monitored?
1. An Operator with multiple airplanes may not need to have all airplanes monitored. For height monitoring, only a sampling of airframes of each airplane type need to be monitored.
2. To determine the number of airframes each Operator is required to have monitored, use the RVSM Minimum Monitoring Chart. The
3-7 current version of this chart can be found on the FAA’s RVSM Web page in the Monitoring Requirements and Procedures section.
Note: An Operator that is unable to meet the minimum height monitoring requirements within the specified time frame should contact the responsible CHDO/CMO/FSDO/IFO prior to exceeding the specified time frame. (See paragraph 3.6.4, Note 1.)
3.6.4.4 How do I get my airplanes monitored?
1. An Operator may choose to fly with a trained technician from an FAA-approved RVSM monitoring support provider utilizing a Global Positioning System (GPS)-based monitoring unit (GMU) onboard the airplanes.
2. An Operator may fly an airplane through an established ground-based height measuring system. Currently ground-based systems exist in:
• North America, Airplanes Geometric Height Monitoring Elements (AGHME) (requires Mode-S equipment); or
• Approved ground-based height measuring systems in other regions
(e.g., Europe or Japan).
3. An RVSM-authorized aircraft equipped and operating with Automatic Dependent Surveillance-Broadcast (ADS-B) Out avionics meeting the performance requirements of § 91.227 at an RVSM altitude where ADS-B height monitoring is provided.
Note: The height monitoring requirements are globally harmonized and the ICAO Regional Monitoring Agency for North America is the North American Approvals Registry and Monitoring Organization (NAARMO). The NAARMO coordinates RVSM monitoring results with the more than 30 other ICAO Regional Monitoring agencies throughout the world.
3.6.4.5 How can I verify if my airplanes were monitored in the last 2 years?
1. An Operator that has a valid RVSM authorization can check the RVSM Approvals database to determine if their last valid monitoring occurred within the last 2 years.
2. The following methods satisfy monitoring requirements:
• Entry of successful AGHME or other approved ground-based monitoring system result in the U.S. RVSM Approvals database.
• A report of a successful monitoring supplied by an FAA-approved, GPS-based provider.
• Evidence provided through another ICAO-sponsored Regional Monitoring Agency, such as EUROCONTROL.
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3. For North American Operators, the database can be accessed from the FAA RVSM Web site under the section RVSM Documentation or on the FAA’s NAARMO website at:
https://www.faa.gov/air_traffic/separation_standards/naarmo/rvsm _approvals/.
3.6.4.6 RVSM Height Monitoring Plan. Operators, upon application, should submit a monitoring plan including:
1. Number and identification (registration number/serial number) of airplanes to be monitored.
2. Expected time frame for completion of monitoring requirements.
3. Expected method for monitoring.
3.6.5 Can Non-RVSM Aircraft Be Accommodated in RVSM Airspace? Operators must be authorized and aircraft must be certified to fly in designated RVSM airspace with limited exceptions.
3.6.5.1 In Domestic U.S., Alaska Offshore Airspace, the following aircraft can be accommodated on a workload-permitted basis. The vertical separation standard applied between aircraft not approved for RVSM and all other aircraft must be 2,000 ft:
1. Department of Defense (DOD) aircraft.
2. Flights conducted for aircraft certification and development purposes.
3. Active air ambulance flights utilizing a “MEDEVAC” call sign.
4. Aircraft climbing/descending through RVSM flight levels (FL) (without intermediate level off) to/from FLs above RVSM airspace.
5. Foreign State (government) aircraft.
3.6.5.2 In addition to the accommodation categories listed in paragraph 3.6.5.1, in U.S.-controlled oceanic airspace, the following aircraft can be accommodated on a workload-permitted basis:
1. Aircraft being initially delivered to the State of Registry or Operator.
2. Aircraft that was formerly RVSM-approved but has experienced an equipment failure and is being flown to a maintenance facility for repair in order to meet RVSM requirements and/or obtain approval.
3. Aircraft being utilized for mercy or humanitarian purposes.
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3.6.5.3 An aircraft or Operator not authorized for RVSM operations or an Operator/aircraft without operable RVSM equipment is referred to as non-RVSM. If either the Operator or the aircraft or both have not received RVSM authorization, the Operator or dispatcher must not file the RVSM equipment code in the flight plan. The pilot of non-RVSM aircraft must inform the controller of the lack of RVSM approval in accordance with the direction provided in the FAA Aeronautical Information Manual (AIM), paragraph 4-6-8, Pilot/Controller Phraseology.
3.6.5.4 The procedures for accommodation of non-RVSM aircraft in RVSM airspace for operations in Domestic U.S., Alaska Offshore Airspace and the San Juan Flight Information Region (FIR) are contained in the FAA Aeronautical Information Manual (AIM), Section 6, paragraph 4-6-10. For operations within oceanic airspace, see the U.S. Aeronautical Information Publication (AIP), Enroute, Section 7.
4-1 CHAPTER 4. SUBMITTING AN APPLICATION FOR RVSM AUTHORIZATION.
4.1 What is the First Step an Applicant May Consider Taking When Applying for an RVSM Authorization?
4.1.1 Should an Applicant Request a Preapplication Meeting? The regulations do not require an applicant 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.
4.1.2 Where Should an Applicant Request a Preapplication Meeting? An 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 jurisdictional CHDO, CMO, or FSDO of its intent to obtain authorization for RVSM operations. (See FAA Order 8900.1, Volume 3, Chapter 2, Section 2, paragraph 3-55.)
2. In accordance with FAA Order 8900.1, Volume 3, Chapter 2, Section 2, part 91 Operators apply for an RVSM LOA to the FSDO 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 responsible IFO’s geographic Area of Responsibility (AOR) on the following Web site:
http://www.faa.gov/about/office_org/field_offices/ifo/. Once on the Web site, click on the service area under each IFO for additional information.
4.2 What are the Applicable Steps and Information Required to Seek an RVSM Authorization? Prior to making a request for service, each applicant should review the information provided in Chapter 3 as well as the RVSM decision Matrix in Figure 4-1 to determine if the applicant should apply procedures for Authorization Group I, Authorization Group II, or Authorization Group III. Each of these groups is summarized in paragraph 4.2, with the RVSM-Decision Matrix (Figure 4-1) provided for detailed examples and information for the application process.
Note: The written request discussed in paragraphs 4.2.1.2, 4.2.2.2, and 4.2.3.2 is your letter to the CHDO requesting service. Using the RVSM Decision Matrix in Figure 4-1, you should 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. For part 91 LOAs, samples of the needed administrative information is located on the FAA Web site, http://www.faa.gov/air_traffic/separation_standards/rvsm/documentation. Scroll down to the “Getting Started” section and locate the appropriate document titled Information Sheet for Part 91 RVSM Letter of Authorization (LOA). Use of the information sheet will help you organize required information needed for authorization. Providing sufficient information to the CHDO can assist in
4-2 streamlining the application process and help prevent processing delays while the inspector waits for the needed information to be submitted.
4.2.1 What are the General Steps an Applicant will take when its Application Falls Within RVSM Authorization Group I, RVSM Authorization Amendments?
4.2.1.1 Prior to making a request for service for an authorization amendment, each existing authorization holder should make a positive determination none of the previously accepted RVSM Authorization Elements are changing.
4.2.1.2 That authorization holder should then submit a written request to the responsible FSDO, CHDO, or IFO 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.
4.2.1.3 The authorization holder should also provide such further information as the FSDO, CHDO, or IFO may request in order to efficiently process the request.
4.2.2 What are the General Steps an Applicant will take when its Application Falls Within RVSM Authorization Group II, RVSM Authorization Based on One or More Existing RVSM Authorization Elements?
4.2.2.1 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.
4.2.2.2 Submit a written request to the responsible FSDO, CHDO, or IFO 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
4-3 requirements (or to be able to gain such approvals) and any of the other RVSM Authorization Elements listed in Chapter 3; and
4. Asks for the issuance of an RVSM authorization applying to the operation of the aircraft by that proposed RVSM Operator.
4.2.2.3 Provide such further information as the FSDO, CHDO, or IFO may request in order to efficiently process the request.
4.2.3 What are the General Steps an Applicant will take when its Application Falls Within RVSM Authorization Group III, RVSM Authorization Not Based on One or More Existing RVSM Authorization Elements?
4.2.3.1 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.
4.2.3.2 The applicant should submit a written request to the responsible FSDO, CHDO, or IFO with sufficient evidence to show its ability to comply with each of the RVSM Authorization Elements in Chapter 3, and the FSDO, CHDO, or IFO 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.
4.2.3.3 The applicant should also provide such further information as the FSDO, CHDO, or IFO may request in order to efficiently process the request.
4.2.4 The RVSM Matrix. A detailed description of Figure 4-1 is provided in paragraph 2.4.
Figure 4-1. RVSM Decision Matrix
RVSM DECISION MATRIX AUTHORIZATION GROUP I:
RVSM AUTHORIZATION AMENDMENTS
• The following changes are considered to be administrative in nature only.
• This group only applies in circumstances where a previously authorized RVSM Operator and each of the previously accepted RVSM Authorization Elements are remaining the same.
I. A. Examples of Requested Action/Nature of Change
1. Change 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-Point of Contact (POC)).
3. Change in the registration markings of an RVSM-Compliant Aircraft being operated by an existing RVSM authorization holder.
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RVSM DECISION MATRIX
4. Removal of an RVSM-Compliant Aircraft from an existing RVSM authorization having multiple RVSM-Compliant Aircraft listed.
I. B. Applicable Steps and Information Required from RVSM Authorization Holder
1. Prior to making a request for service for an authorization amendment, each existing authorization holder should make a positive determination none of the previously accepted RVSM Authorization Elements are changing.
2. That authorization holder should then submit a written request to the responsible FSDO, CHDO, or IFO that:
a. States which of the applicable administrative changes are occurring;
b. 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
c. Requests the issuance of an amendment to the existing RVSM authorization acknowledging the administrative changes being made.
3. If the nature of the requested amendment is to change the primary business address from one FSDO, CHDO, or IFO service area to another, it must notify, in writing, the losing (previously responsible) FSDO, CHDO, or IFO of the new physical location and mailing address within 30 calendar-days following relocation. The losing FSDO, CHDO, or IFO will then request the WebOPSS Help Desk move the Operator's database to the responsible receiving FSDO, CHDO, or IFO. The losing FSDO, CHDO, or IFO will also notify the receiving FSDO, CHDO, or IFO of the change. The receiving FSDO, CHDO, or IFO will then update and reissue the Operator's A001 template to reflect the new address, and the receiving FSDO, CHDO, or IFO becomes the responsible FSDO, CHDO, or IFO for processing new LOAs for that Operator.
4. The authorization holder should also provide such further information as the FSDO, CHDO, or IFO may request in order to efficiently process the request.
I. C. Applicable Procedures the Responsible FSDO, CHDO, or IFO Will Follow Upon a Request for an Administrative Change to an Existing RVSM Authorization
1. Review the request and supporting documentation received from the RVSM authorization holder to determine if it appears an amended RVSM authorization amendment is warranted.
2. Re-issue the amended RVSM authorization identical to the initial RVSM authorization in all respects other than reflecting the new amended information; and
3. If the nature of the requested amendment is to change the primary business address from one FSDO service area to another, see the additional applicable guidance in FAA Order 8900.1, Volume 3, Chapter 2, Section 2, Responsibility of Part 91 Letters of Authorization (LOA).
4. If an existing RVSM authorization holder has made a written affirmation none of the underlying previously accepted RVSM Authorization Elements has changed or will change, and there is no other information provided to the FSDO raising any questions or concerns with respect to the on-going validity or applicability of those RVSM Authorization Elements, then, subject to paragraph 2.4.4, the FSDO, CHDO, or IFO should issue the requested amendment without further inspections being required.
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RVSM DECISION MATRIX AUTHORIZATION GROUP II:
RVSM AUTHORIZATION BASED ON
ONE OR MORE EXISTING APPROVED RVSM AUTHORIZATION ELEMENTS
• The following RVSM authorizations are new authorizations.
• 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.
II. A. Examples of Requested Action/Nature of Change
1. There 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 Contact Person and each of the approved RVSM Authorization Elements are remaining the same.
a. One example of this situation may occur where an Operator is converted from an S-corporation to a limited liability company, for example, under applicable state law, but no other changes are occurring.
b. Another example may occur where the ownership and operation of an aircraft is transferred from one company to a legal affiliate, but there are no other changes occurring.
2. A new proposed RVSM Operator will be using an existing RVSM-Compliant Aircraft, together with a previously accepted RVSM-Knowledgeable Pilots requirements. Examples of this type of situation may include:
a. An Operator takes delivery of a newly-manufactured aircraft type certified as RVSM-compliant.
b. An approved RVSM aircraft is being operated under an RVSM authorization issued to a part 135 air carrier, and the underlying owner or a separate lessee will occasionally use that specific aircraft while it is maintained under part 135 air carrier’s Maintenance Program and/or the same RVSM-Knowledgeable Pilots requirements.
c. A group of underlying owners or lessees use an RVSM-Compliant Aircraft, each maintaining their own operational control of that aircraft pursuant to a dry lease, while also utilizing the same previously accepted RVSM-Knowledgeable Pilots requirements.
3. An existing or new proposed approved RVSM Operator seeks an RVSM authorization and will be utilizing one or more existing approved RVSM Authorization Elements.
a. An example may be where an existing RVSM Operator seeks to add a new proposed RVSM-Compliant Aircraft to an existing RVSM authorization where that Operator will continue to use previously accepted RVSM-Knowledgeable Pilots requirements.
II. B. Applicable Steps and Information Required from RVSM Authorization Applicant
1. Make a positive determination that the existing or new proposed RVSM Operator is seeking an RVSM authorization utilizing at least one previous RVSM Authorization Element (i.e., an existing RVSM-Compliant Aircraft and/or RVSM-Knowledgeable Pilots requirements).
2. Submit a written request to the responsible FSDO, CHDO, or IFO that:
a. Provides complete documentation of an RVSM compliance program, including written information evidencing the specific aircraft meets the requirements of an RVSM-Compliant Aircraft;