Accommodating Sub-orbital Flights into the EASA Regulatory ... - ESA

Accommodating
Sub-orbital Flights into the
EASA Regulatory Framework
Jean-Bruno Marciacq
EASA-Rulemaking Directorate
SoA Coordinator
ECSL Practitioners Forum – ESA-HQ - Paris -March 18, 2011

How would Sub-Orbital Flights fit into
the EASA Regulatory Framework?

European Aviation Safety Agency
Contents
I. The institutional and regulatory
framework
II. Sub-Orbital Aeroplanes vs. present
EASA Regulations
III. Proposed Regulatory approach
IV. Conclusions
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European Aviation Safety Agency
Slide 4

European Aviation Safety Agency
I. The institutional and regulatory
framework
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European Aviation Safety Agency
European Union (EU) Agency, established in 2003
Legal personality
Independence
Autonomy
Vision:
EU citizens should benefit from the safest and the
most environmentally-friendly civil aviation system in
the world.
Mission:
Institutional framework
Non-involved public
Crews
Paying passengers
Promote the highest & uniform standards of civil
aviation safety and environmental protection in Europe
and worldwide.
Slide 6

European Aviation Safety Agency
The regulatory framework
Regulation
Initial 1592/2002/EC
1 st ext. 216/2008/EC
2 nd ext. 1108/2009/EC
Competence
Airworthiness
Environmental Compatibility
+ Flight Crew Licensing
Operation of Aircraft
Safety of 3rd country aircraft
+ Safety of Aerodromes
and ATM/ANS
Slide 7

European Aviation Safety Agency
1 st Layer: The Basic Regulation
The Parliament and the Council define the Scope of
Powers transferred from the Member States to the EU
They adopt the Essential Requirements (ERs)
specifying the safety objectives to be met
Basic Regulation:
Regulation (EC) 1592/2002 of 15 July 2002
Superseded by:
Regulation (EC) 216/2008
of 20 February 2008
Amended by:
Regulation (EC) 1108/2009 of 21 Oct 2009
Annex I : ERs for Airworthiness
Annex II : Excluded Aircraft
Annex III: ERs for pilot licensing
Annex IV: ERs for air operations
Annex V: Criteria for qualified
entities
Annex Va: ERs for Aerodromes
Annex Vb: ERs for ATM/ANS
Slide 8

European Aviation Safety Agency
2 nd Layer: Implementing Rules,
e.g. for airworthiness
The Commission adopts measures for implementing
the Essential Requirements
Regulation (EC) 1702/2003 on Airworthiness
and Environmental Certification
Annex (Part 21)
Section A: Application
Requirements
Section B: Procedures for
Competent Authorities
Appendices: EASA
forms
Legally binding
Directly applicable by EU persons
Processes (no technical details)
Responsibilities and privileges
Regulation (EC) 2042/2003
on Continuing Airworthiness
Annex I (Part-M):
Continuing Airworthiness
Requirements
Annex II (Part-145):
Maintenance
Organisation Approvals
Annex III (Part-66):
AML
Annex IV (Part-147):
Training Organisation
Requirements
Section A: Technical
Requirements
Section B: Administrative
Procedures
Appendices: EASA
forms
Slide 9

European Aviation Safety Agency
3 rd Layer: the Agency’s soft law,
e.g. for airworthiness
The Agency adopts non binding specifications for
implementing the essential requirements,
To allow for tailored flexibility, where necessary.
Guidance
Material
Part 21
Special
Conditions or
alternative
AMCs possible
AMC 20
AMC 21
CS 25
CS 34
CS 36
CS E
CS P
CS APU
Certification
Specifications
CS AWO
CS ETSO
CS Definitions
CS 22
CS 23
CS 27
CS 29
CS VLA
CS VLR
AMC &
Guidance
Material
Parts M, 145,
66, 147
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European Aviation Safety Agency
New domains
More implementing rules to come for:
Flight crew licensing
Air operations by 04/2012
Authorisation of third
country operators (TCO)
Safety of ATM/ANS
(including Satellite SPs) by 06/2011
ATCO licensing
Safety of aerodromes by 12/2013
FCL and OPS of UAS by 12/2016
Slide 11

European Aviation Safety Agency
II. Sub-Orbital Aeroplanes
within EASA Basic Regulation
Slide 12

European Aviation Safety Agency
EASA competence: only for aircraft
Aircraft (definition in ICAO Ann. 6 & 8):
“Any machine that can derive support in the atmosphere
from the reactions of the air other than the reactions of
the air against the earth’s surface”
Machines able to fly in the atmosphere sustained by wings
are aircraft
Aircraft are in the competence of EASA
Rockets are in the competence of Member States
Aeroplanes limits the scope to fixed-wings aircraft
Sub-orbital: performing most of their flight in the
atmosphere, only temporarily entering outer space
Sub-Orbital Aeroplanes (SoA) are under our scope and
need to be certified for airworthiness as well as to be
operated according to aviation rules
Slide 13

European Aviation Safety Agency
All aircraft are in the EASA competence
except…
…those listed in Annex II of the Basic Regulation:
Historic aircraft
Research, experimental or scientific aircraft
Amateur built
Former military aircraft
« light » aircraft (e.g. MTOM < 450 Kg for a two
seater aeroplane)
« light » gliders (MEM < 100 Kg)
« replicas »
And those used for State missions
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European Aviation Safety Agency
III. Regulatory Approach
Slide 15

European Aviation Safety Agency
Proposed Regulatory Approach
(SoA Airworthiness)
Limited Certification :
Restricted Type Certificate (RTC)
Restricted Certificate of Airworthiness (RCofA)
Organisation Approvals / Certificates:
Design (DOA)
Production (POA)
Continuous Airworthiness Management
(CAMOA)
Maintenance (MOA)
Slide 16

European Aviation Safety Agency
Proposed Regulatory Approach (Special
conditions for SoA airworthiness)
CS-23 or CS-25 (TBD) and CS-E
+ Special Conditions and Equivalent Safety Findings
Classification depending on weight/fuel trade-off
Safety not to be jeopardized by larger amount of fuel
needed to accommodate required design features
CRIs and associated ELoS to be developed for:
Propulsion
Fuel
ECLSS
Containment of all fluids in weightlessness
IVA safety requirements
…
TBD depending on proposed designs and operations
Slide 17

European Aviation Safety Agency
Proposed Regulatory Approach
(SoA operations)
Organisation Approvals:
Air Operator Certificate (AOC) for Commercial OPS
Operations:
EU-OPS/ EASA-OPS with flexibility (Art. 14 BR) for EU
operators
EASA Authorization to non-EU operators flying to/from EU
National rules for operations outside EU (no EASA role)
Aerodromes and ATM/ANS:
Special Conditions to be developed for “Spaceports”
Procedures to be developed for Air/Space Traffic
Management
Flight Crew Licensing and PAX Safety:
Part-FCL with exemptions could work (Flight Test rating?)
PAX Safety rules to be considered
Slide 18

European Aviation Safety Agency
IV. Conclusions
Slide 19

European Aviation Safety Agency
Conclusions (1/3)
EASA is getting ready to accept first applications
for Sub-Orbital Aeroplanes (SoA):
EASA ISC decision 8 th of July 2008 to launch exploratory work
Internal Working Group with experts on specific subjects
Official presentations + papers:
1. IAASS 3 rd Conference, Rome 21-23 October 2008
2. IAASS 4 th Conference, Huntsville 19-21 May 2010
3. IAC 61 st Conference, Prague 27 Sept-1 October 2010
4. FAA-AST 14 th Conference, Washington DC 09-10 February 2011
HoD Decision November 2010 to prepare rulemaking task
Certification basis would be Existing Requirements,
complemented with Specific Requirements (TBD)
Cooperative research framework proposed for first applications, in order
to jointly define detailed Certification Specifications
SoA Policy to be issued before end of 2012
Letters sent to organisations and NAAs/NSAs on request
Regulations would follow in the longer term
Based on feedback and return of experience
Slide 20

European Aviation Safety Agency
Proposed Schedule:
Decision to prepare RM Task
Paper to ISC
Pre-RIA
ToR
Insertion into RM programme
1 st Public Workshop
NPA
Deadline for comments
CRD
2 nd Public Workshop
Decision/publication
Directors
Internal
AGNA / SSCC
Internal
MB
EASA
Publication
EASA
website
Publication
EASA
ED
Nov 2010
February 2011
22-24 March 2011
April 2011
July 2011
November 2011
January 2012
April 2012
September 2012
September 2012
October 2012

European Aviation Safety Agency
Conclusions (2/3)
Designers and (EU & TCO) Operators would
have to be approved prior to 1 st commercial
flight, including:
Operations
Flight Crew Licensing / PAX Safety
Continued Airworthiness /Maintenance
Aerodromes
Permits to Fly would only be granted for Test
Flights
Annex II Aircraft would be under responsibility of
Individual Member States
Restricted Type Certificate is preferred for
Commercial Flights
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European Aviation Safety Agency
Conclusions (3/3)
Cooperation with Member States (MS) and other
relevant stakeholders is deemed necessary
in order to cover the full scope of approvals for Suborbital
Aeroplanes
Possible future market extension to outer
space commercial air transport (A to B):
deeper legal implications with MS
global harmonisation through ICAO
technical and regulatory cooperation needed with spaceexperienced
entities
such as ESA, NSAs, NASA and FAA-AST
EASA is looking forward to cooperating with
other key players in the field such as Designers,
Operators, MS, ICAO, NAAs and NSAs
Slide 23

European Aviation Safety Agency
Thank you for your attention!
Questions ?

European Aviation Safety Agency
Do not hesitate to contact us
for any further information
jean-bruno.marciacq@easa.europa.eu
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