Icelandic Civil Aviation Administration Exemption – E 003(1)/2011

Description:
For a limited number of aircraft listed in Appendix I, the definitions in point (k)(i) in Article 2 of Annex I to Regulation (EC) No. 2042/2003 shall read "an aeroplane with a Maximum Take-off Mass (MTOM) of 1200 kg or less which is not classified as a complex motor-powered aircraft;" instead of "an aeroplane, sailplane or powered sailplane with a Maximum Take-off Mass (MTOM) less than 1 000 kg that is not classified as complex motor-powered aircraft;".

Derogation (from Regulations and/or relevant Part(s)):
Derogation from point (k)(i) in Article 2, Definitions, of Annex I to Regulation (EC) No. 2042/2003.

Justification:
Due to the current lack of CAMO´s, Part-M, Subpart F and Part-145 maintenance organisations in Iceland at this time, operational needs justify an exemption of a limited duration. The exemption applies only to those aircraft registered in Iceland with MTOM between 1.000 – 1.200 kg. The aircraft which will be applicable are 77 light aircraft listed in Appendix I. The lack of maintenance organisations has hampered the continuing airworthiness management arrangements and thereby the operation of those aircraft. Due to this situation it is vital that these aircraft may temporarily fall under the same requirements as current ELA1 class. This applies especially for the possibility of applying the requirements of M.A.901(g) CS to perform an airworthiness review for the next two consecutive years and for Part 66 licence certifying staff (CS) to perform complex maintenance tasks if needed on those aircraft listed.

The approval of the exemption is deemed not to have an adverse effect on flight safety due to the following;

• Aircraft listed are of similar construction and technology as aircraft falling under the current ELA1 definition, e.g. a Cessna 152 with a MTOM of less than 1000 kg has very similar construction and technological capabilities as a Cessna 172N which is above 1000 kg MTOM.
• Possible complex maintenance tasks performed by individual Part-66 certifying staff are of the same nature regardless of whether it is for a Cessna 152 or a Cessna 172N
• Possible airworthiness review performed by certifying staff approved as per M.A.901(g) is no different whether it is for a Cessna 152 or a Cessna 172N. In addition the ICAA has created forms to be used to ensure compliance with point M.A.710.
• The majority of maintenance on the subject aircraft, including complex maintenance tasks, has been performed for decades by individual CS, and analysis of historical data do not raise concerns.
• The ICAA will evaluate any complex maintenance task beforehand, and determine weather the maintenance will be performed by the individual CS or not.
• The possibility to further re-issue / extend two times the ARC or equivalent document by one year at the time for aircraft with valid ARC or equivalent was introduced by EC 1056/2008 on 28 September 2008, after its expiration date. This provision was applied in Iceland for the majority of the applicable aircraft listed, without any notable affect on safety.
• A Safety case study on accident and occurrences during the last 10 years was performed by the ICAA and the result did not raise safety concerns.

The arrangements introduced by the exemption are in principle in full compliance with opinion No 01/2011 of the European Aviation Safety Agency of 18 March 2011. Opinion No 01/2011 implies the willingness to increase the upper limit of ELA1 from 1000 kg to 1200 kg. ELA1 are aeroplanes, sailplanes or powered sailplanes that are not classified as complex motor-powered aeroplanes. The raising of the upper limit from 1000 kg to 1200 kg MTOM does in no way alter the principles of that basic definition. In addition this exemption is limited to particular aircraft listed in Appendix 1 only. Aircraft which are not on the list, for example new registered aircraft, must comply with current definition of ELA1.

Conditions/Limitations:
This exemption is granted to meet continuing airworthiness and operational needs of a limited duration for non-complex aircraft between 1000 kg and 1200 kg MTOM, registered in Iceland and listed in Appendix I to this exemption, which are not used for commercial air transport and not affected by point M.A.201(i).

Any complex maintenance tasks have to be notified to the ICAA beforehand and the ICAA agreement shall be obtained before the task is accomplished. Complex maintenance tasks which the ICAA determines, shall not be performed by individual CS, but shall be performed by appropriately approved Part-145 or Part M Subpart F maintenance organisation.

Any aircraft which has been subject to the provisions in this exemption and the intention is to be transferred to commercial air transport or will be affected by point M.A.201(i); shall have a appropriate CAMO airworthiness review before the transfer.

Effective:
All Icelandic registered (TF-) aircraft listed in Appendix I to this Exemption when not used for commercial air transport and not affected by point M.A.201(i).
The exemption shall be in effect from 26 September 2011 until 19 September 2013 or when the second AR expires from the issue of Exemption E 003/2011, which ever occurs first, unless revoked or issuance of amendment to regulation 2042/2003 according to the opinion No 01/2011 and the draft amendment to regulation 2042/2003