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CASA EX94/08 - Exemption - conduct of aerial application (fire fighting) operations by DC-10 aircraft

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Instrument number CASA EX94/08
I, michael david quinn, Deputy Chief Executive Officer, Operations, a delegate of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988) and regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[ Mick Quinn ]
Mick Quinn
Deputy Chief Executive Officer
Operations
     19  December 2008
Exemption — conduct of aerial application (fire fighting) operations by DC-10 aircraft
1          Duration
            This instrument:
(a)   commences on the day after it is registered; and
(b)   stops having effect at the end of 31 March 2009.
2          Application
            This instrument applies to:
(a)   the DC-10 aircraft with registration N17085 and serial number 47957 (the aerial application aircraft); and
(b)   A.G. Airwork Pty Ltd, trading as AGFLITE and Super Spread Aviation (the operator), Aviation Reference Number (ARN) 535068; and
(c)   the pilots of the aerial application aircraft — Jack Harle Maxey Jr, ARN 780937, pilot in command, and Kevin James Hopf, ARN 782366, co‑pilot; and
(d)   the flight engineer — Bradley Michael Pace, ARN 782367.
3          Exemption
            The aerial application aircraft, the operator and the pilots are exempt from compliance with the following provisions:
(a)   regulations 157, 217 and 232 of CAR 1988;
(b)   regulations 137.025, 137.235 and 137.240 of CASR 1998.
4          Conditions
            The exemption is subject to the conditions mentioned in Schedule 1.
5          Definition
            In this instrument, FAA means the Federal Aviation Administration of the United States of America.
Schedule 1          Conditions
Part 1 — General conditions
      1     The pilots:
(a)   must have undertaken an annual proficiency check, in accordance with FAA requirements, that remains current for the duration of this exemption; and
(b)   must have undergone whatever additional recurrent training would be required to enable them to carry out aerial application (fire fighting) operations in the United States of America during the duration of this exemption; and
(c)   must each hold a current FAA airline transport pilot licence with authorisations that allow the conduct of operations in accordance with this exemption and the operator’s operations manual, in particular Section D1, Annex E; and
(d)   must meet the minimum experience requirements set out in the operator’s operations manual, in particular Part D2, Chapter 5, Section 5.1.
      2     The flight engineer:
(a)   must have undertaken an annual proficiency check, in accordance with FAA requirements, that remains current for the duration of this exemption; and
(b)   must have undergone whatever additional training would be required to enable him to carry out aerial application (fire fighting) operations in the United States of America during the duration of this exemption;
(c)   must hold a current FAA flight engineer licence with authorisations that allow the conduct of operations in accordance with this exemption and the operator’s operations manual, in particular Section D1, Annex E.
      3       The aerial application aircraft may only:
(a)   be operated for fire fighting purposes; and
(b)   carry crew members and persons authorised by CASA under regulation 227 of CAR 1988.
      4       The chief pilot of the operator must:
(a)   sight, and verify the currency of, each operating crew member’s:
             (i)  licence; and
            (ii)  aircraft endorsement; and
            (iii)  medical certificate; and
           (iv)  most recent proficiency check on the aircraft; and
(b)   keep copies of them for 3 years.
      5       The aerial application aircraft must have a flight check system that complies with FAA standards.
      6       The operator and the pilot in command must ensure that the normal and emergency checklists are available to the crew in flight.
      7       The pilot in command must ensure that the flight check system is carried out in detail.
      8       If the aircraft’s checklist information, procedures and instructions are contained in the aircraft’s flight manual, the flight manual:
(a)   may be taken to be the flight check system; and
(b)   must be available to the crew in flight.
      9     The operator must ensure that the aircraft has a valid and current standard certificate of airworthiness
    10       Prior to the aerial application aircraft commencing fire fighting operations in Australia, a CASA Team Leader Flying Operations (TLFO) or a Flying Operations Inspector approved by a TLFO, must:
(a)   sight, and verify the currency of, each operating crew member’s:
             (i)  licence; and
            (ii)  aircraft endorsement; and
            (iii)  medical certificate; and
           (iv)  most recent proficiency check on the aircraft; and
            (v)  keep copies of all the above for 3 years; and
(b)   sight, and verify, all certificates, manuals and other documents and safety equipment that relate to the safe operation of the aerial application aircraft; and
(c)   observe the crew conducting a low flying and aerial application operation, so as to:
             (i)  assess compliance with procedures published in the operator’s operations manual; and
            (ii)  assess competency with operations in Australian airspace; and
            (iii)  confirm the availability and use of the normal and emergency checklists and flight check system as published in the aircraft’s flight manual.
Part 2 — Flight conditions
    11     The aerial application aircraft must not be flown:
(a)   except in accordance with the operator’s operations manual, section D1, Annex E,  as previously considered acceptable by CASA; and
(b)   at a height below the minimum height that would otherwise be applicable under regulation 157 of CAR 1988, unless the pilot does so for the purpose of carrying out aerial application (fire fighting) operations.