#Whodunnit & Why : Chapter 3.5 – In the eyes of the investigator & TOE

12 Feb

1416576716558

Who dunnit and Why : Chapter 3.

It is widely believed that before Re-o-Cur Dolan, darling of the SMH lunch crowd and psychic researcher of the MH 370 tragedy, is allowed to slither off, clutching his golden parachute, fur lined jock strap and hand crafted golf ball warmers; there are some serious questions which must be answered.   Should the answers to those questions be found ‘disingenuous’, then the civil and criminal matters raised within those questions must be addressed; in the national interest; further, those that were associated with those acts should be included in the investigation. – See more at: http://auntypru.com/who-dunnit-and-why-chapter-3/#sthash.u0lotVUw.dpuf

Oh well done Ferryman, top stuff & the first #AuntyPru choccy frog for you… 😉

AuntyPru Choccy Frog Award

Now I thought that I might help contribute to the final masterpiece (i.e. fully joined dot picture) with some of our (plural) posts from Prune that dealt with the Timeline of Embuggerance.

The following is quoted from the #AuntyPru library item – PelAir TOE:

No comment needed just get on with it!

Consultation Draft Proposed amendment to CAO 82.0 subsection 3A Nearly fifteen years since the issue was first broached…R20000040:

Quote:
SAFETY ACTIONAs a result of these occurrences, the Civil Aviation Safety Authority has commenced a project to review the fuel requirements for flights to remote islands.

Which in apparently nine years led to OS 09/13…

Project OS 09/13 – Fuel and Alternate requirements – Project approved. 21 Aug 2009

And with the PelAir ditching the project was expanded to include Aerial Work (Aeromedical flights) and then in July 2010 the NPRM 1003OS was released:

Quote:
3.3 Reasons for change3.3.1 The application of the additional remote island fuel requirements in CAO 82.0 which is currently limited to passenger-carrying charter operations was reviewed in the early stage of the project. As the safety of passengers is CASA’s highest priority, it was considered that excluding other passenger-carrying operations in the aerial work and RPT categories from the remote island fuel requirements had no justifiable safety
reasons.Note: The term “passenger” is defined in CAR 2 as meaning “any person who is on board an aircraft other than a member of the operating crew”. The term “operating crew” is defined in CAR 2 as meaning “any person who is on board an aircraft with the consent of the operator of the aircraft and has duties in relation to the flying or safety of the aircraft”.

Four years since then and all it took was this…

“..3A Conditions on all passenger-carrying aeroplane operations to remote islands
(1) Subject to paragraph (2), each certificate authorising 1 or more of the following operations in an aeroplane:
(a) charter operations for the carriage of passengers;
(b) regular public transport operations for the carriage of passengers;
(c) aerial work operations for ambulance functions or for functions substantially similar to ambulance functions (medical transport operations);
is subject to the condition that a passenger must not be carried under the certificate on a flight to a remote island unless:
(d) the aeroplane has more than 1 engine; and
(e) before the flight commences, the pilot in command has nominated an alternate aerodrome for the flight; and
(f) the nominated alternate aerodrome is not located on a remote island, unless CASA approves otherwise in writing; and
(g) when the flight commences the aeroplane is carrying not less than the minimum safe fuel for the flight; and
(h) during the flight, the pilot in command carries out in-flight fuel management to ensure that the aeroplane is always carrying sufficient fuel to enable it to reach its destination aerodrome as planned, or its nominated alternate aerodrome if necessary, with the required minimum fuel reserves intact.
(2) Paragraph 3A (1) applies to a medical transport operation whether or not a passenger is carried on the flight to a remote island.
(3) An approval under subparagraph (1) (f) may be subject to conditions…”

{Comment: Has to be one of the smallest amendments I’ve seen in the last 5 years or so..}

Hmm..it must have been a busy time for FF as July 2010 was also when the infamous CAIR 09/3 & Wodgers Weport were also released (reference my post #2035). And in fact CAIR 09/3 made mention of OS 09/13 at para 4.4

Strange how the ALIU had a slightly different take on how OS 09/3 was initiated??

Oh well good to see that someone in Fort Fumbles (FF) is finally taking the initiative to close the loop..

Wonder when the other part of the FF intended safety actions addressing the ATsB (closed) minor safety issue will eventuate…: AO-2009-072-SI-01

Quote:
Finally, CASA also advised of their intent to regulate Air Ambulance / Patient transfer operators as follows:

  • Air Ambulance/Patient transfer operations in the proposed operational Civil Aviation Safety Regulations (CASRs) will be regulated to safety standards that are similar to those for passenger operations.
  • While CASR Parts 138/136 will be limited to domestic operations and, if CASA decides to retain Air Ambulance/Patient transfer operations in these rule suites, any such operation wishing to operate internationally will also be required to comply with CASR Part 119. If, however, CASA decides to move these operations into CASR Parts 121/135/133 they will already be required to comply with CASR Part 119. Either way, Air Ambulance/Patient transfer operations will be regulated to the same standard as Air Transport Operations (ATO). In relation to Norfolk and Lord Howe Islands, all ATO which include Air Ambulance/Patient transfer, will be required to carry mainland alternate fuel.
  • CASR Parts 119/121/135/133 are expected to be finalised by the end of 2012 and are currently proposed to commence in June 2014. CASR Parts 138/136 are expected to be made by June 2013 and are proposed to commence in June 2014. Given that the drafting of these CASR Parts are subject to third party arrangements (Attorney-General’s Department) and CASA and the industry’s ability to effectively implement the new rule suite, these timelines are subject to change.

Hopefully we won’t have to wait another fifteen years for that to happen..

MTF…

 This marked the start of  the TOE & Thru the eyes of the investigator Prune posts. This also marked the occasion for proactive safety action for what was originally recognised as a critical safety issue (CSI) by the ATSB in February 2010; was eventually downgraded to a minor safety issue (MSI) July-August 2012; i.e. the safety risk mitigation was finally acted on in August last year (just short of 5 yrs since the ditching), see here for explanation:
Part One- The inconvenience of facts & timelines??

Again, although much belated, I applaud the initiative of FF team OS 09/13 to bring fwd, in an obvious period of uncertainty, the Consultation Draft Proposed amendment to CAO 82.0 subsection 3A

Quote:
Purpose/Objectives
The CAO amendment would add Cocos (Keeling) Island to the list of existing remote islands (which are Christmas, Lord Howe and Norfolk Islands).
The amendment would substitute a new subsection 3A, which provides that each AOC for passenger-carrying charter, RPT operations, or for aerial work ambulance-type functions (medical transport operations) is subject to the condition that a passenger must not be carried to a remote island unless the following requirements are complied with:
a. the aeroplane is multi-engined
b. the pilot has nominated an alternate aerodrome
c. that alternate aerodrome is not itself on a remote island (unless CASA specifically approves)
d. the aeroplane is carrying not less than the minimum safe fuel for the flight
e. during the flight, the pilot in command carries out in-flight fuel management to ensure that the aeroplane is always carrying sufficient fuel to enable it to reach its destination aerodrome as planned, or its alternate aerodrome (if necessary) with the required minimum fuel reserves intact.
In some medical transport operations, medical and nursing staff may not be considered as ‘passengers’ (for example, because they have flight safety duties to perform). To protect the safety of such personnel who are, in effect, third parties like passengers, for medical transport operations the safety requirements described above would apply whether or not a ‘passenger’ is carried on the flight to a remote island.

…it maybe small consolation but I am sure Ziggychick and others will appreciate your efforts…

However, at the same time, I am extremely intrigued by certain aspects in the history of project OS 09/13 (Project OS 09/13 – Fuel and Alternate requirements Consultation history ).

So in an effort to join the dots let us start with the 15 July 2010 NPRM webpage (click here ). In the NPRM 1003 OS pdf in the foreword it was stated…

“I would like to thank you for expressing interest in this proposal and emphasise that no rule changes will be undertaken until all NPRM responses and submissions received by the closing date 9 September 2010 have been considered…”

And on previous page…

“…Following consideration of responses to this NPRM, CASA will prepare a Summary of Responses, and make revisions to the draft CAO amendment where considered appropriate.

CASA will conduct further analysis of the extent of the impact these changes will have on operators and pilots to ensure an adequate timeframe is given for implementation. It is envisaged that a transition period of 3 to 6 months will be allowed to ensure operators have revised procedures in respect to these changes…”
Now to the man at the back of the room the obvious question is WTF happened to NPRM 1003 OS in the interim period of nearly four years?? Do FF seriously expect the MATBOTR to accept this as an excuse…
“…Under Notice of Proposed Rule Making (NPRM) 1003OS (published in July 2010) the Civil Aviation Safety Authority (CASA) proposed changes to Civil Aviation Order (CAO) 82.0 to include Cocos (Keeling) Island as a designated remote island…
CASA Project OS 09/13 was re-phased to allow for the inclusion of the International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) developments relating to…
…With the SARP now effective, and the ICAO Fuel and flight Planning Manual (FFPM) finalised, these standards are being drafted into the Civil Aviation Safety Regulations 1998 (CASR). CASA now considers it appropriate to start to bring forward some aspects into the CAOs and the Civil Aviation Regulations 1988 (CAR) prior to the making of the Operational CASR Parts…”
Moving onto Annex A – Proposed Amendment to CAO 82.0 – Air Operators’ Certificates. And a quick comparison between the 2010 & 2014 versions of the proposed amendments to CAO 82.0.

2010 version:

I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.

John F. McCormick
Director of Aviation Safety
July 2010
Civil Aviation Order 82.0 Amendment Order (No. 1) 2010
1 Name of instrument
This instrument is the Civil Aviation Order 82.0 Amendment Order (No. 1)
2010.
2 Commencement
This instrument commences [3 to 6 months after registration].
3 Amendment of Civil Aviation Order 82.0
Schedule 1 amends Civil Aviation Order 82.0.
Schedule 1 Amendments
[1] Paragraph 2.1, new definition, minimum safe fuel
insert minimum safe fuel has the meaning given by paragraph 2.3.
[2] Paragraph 2.1, definition of remote island
substitute remote island means:
(a) Christmas Island; or

(b) Cocos (Keeling) Islands; or

(c) Lord Howe Island; or

(d) Norfolk Island.
[3] Paragraph 2.1, new definition of reserve fuelinsert reserve fuel means the variable fuel reserve and the fixed fuel reserve to be carried by an aircraft in accordance with guidelines issued by CASA for

subparagraph 234 (3) (d) of the Civil Aviation Regulations 1988.
[4] Paragraphs 2.3, 2.4 and 2.4.1
substitute
2.3 Unless CASA approves otherwise in writing for a particular flight, the
minimum safe fuel for an aeroplane undertaking a flight to a remote island is the greater of the following:
(a) the total of:
(i) the minimum amount of fuel that would enable the aeroplane to fly,with all engines operating, to the remote island aerodrome and then to

the nominated alternate aerodrome; and
(ii) reserve fuel;
(b) the total of:
(i) the minimum amount of fuel that would enable the aeroplane to do the
following if a critical event were to occur at the most critical point of
the flight:
(A) fly to its destination aerodrome, or an alternate aerodrome;
(B) fly above the aerodrome for 15 minutes at 1 500 feet at holding
speed under standard temperature conditions;
(C) land at the aerodrome; and

(ii) reserve fuel
2.3.1 For paragraph 2.3, a critical event for an aeroplane means:
(a) the failure of an engine; or
(b) a loss of pressurisation in the aircraft; or
(c) both the failure of an engine and a loss of pressurisation in the aircraft.

2.3.2 An approval under paragraph 2.3 may be given with or without conditions.

2.4 An amount of fuel mentioned in paragraph 2.3 is to be worked out:
(a) for an aeroplane that is a transport category aircraft, by using:
(i) the performance data and the fuel consumption data contained in the
aeroplane’s flight manual; or
(ii) the performance data and the fuel consumption data obtained from a

flight test of the aeroplane carried out in an approved manner; or
(b) for an aeroplane that is not a transport category aircraft, by using:
(i) the following:
(A) the performance data for the aeroplane provided by the
manufacturer of the aircraft’s airframe, or contained in the
aeroplane’s flight manual or the pilot’s operating handbook for the aeroplane; and
(B) the fuel consumption data for the aeroplane obtained from 1 of the
sources mentioned in sub-sub-subparagraph (A),or provided by the
manufacturer of the aeroplane’s engines; or

(ii) the performance data and the fuel consumption data obtained from a flight test of the aeroplane carried out in an approved manner.
2.4.1 For sub-subparagraphs 2.4 (a) (i) and 2.4 (b) (i), if the issue of a supplemental type certificate for an aeroplane has the effect of amending the performance data or the fuel consumption data referred to in the sub-subparagraphs, the amended performance data or fuel consumption data must be used.

[5] Subsection 3A
substitute

3A Conditions on all passenger-carrying aeroplane operations to remote islands
(1) Unless CASA approves otherwise in writing, each certificate authorising aerial work, charter or regular public transport operations in an aeroplane is subject to the condition that a passenger may be carried under the certificate on a flight to a remote island only if:

(a) the aeroplane has more than 1 engine; and
(b) at the start of the flight, not less than the minimum safe fuel is carried by
the aeroplane for the flight; and(c) before the flight commences, the pilot in command has nominated an alternate aerodrome for the flight; and
(d) the nominated alternate aerodrome is not located on a remote island.
(2) An approval under paragraph (1) may be given with or without conditions.
Note 1 Under subregulation 2 (1) of the Civil Aviation Regulations 1988, passenger means any person who is on board an aircraft other than a member of the operating crew
Note 2 Subsection 3A, read with paragraph 2.3, means that an AOC holder may not conduct an aeroplane operation carrying a passenger to a remote island except in a multi-engine aeroplane, whose pilot in command has nominated an appropriate alternate aerodrome for the flight, and which at take-off is carrying sufficient fuel to reach the destination aerodrome and then the nominated alternate aerodrome without using any reserve fuel.
[6] Appendix 5, after subclause 6 (3)
insert
(4) If subsection 3A applies to an AOC holder for an aeroplane conducting an
EDTO flight, then:
(a) the amount of fuel calculated for subclause (2) must be not less than the
minimum safe fuel; and
(b) the operations manual must include the calculation of the minimum safe
fuel.
Note Subsection 3A deals with passenger-carrying aeroplane operations to remote islands.
Remote island, reserve fuel and minimum safe fuel are defined terms under this Order.
2014 version:
I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.
John F. McCormick Director of Aviation Safety
[DATE] 2014Civil Aviation Order 82.0 Amendment Order (No. 1) 2014
1 Name of instrument
This instrument is the Civil Aviation Order 82.0 Amendment Order (No. 1) 2014.2 Commencement
This instrument commences on the day after registration.
3 Amendment of Civil Aviation Order 82.0Schedule 1 amends Civil Aviation Order 82.0.
Schedule 1 Amendments
[1] Paragraph 2.1, definitions substitute

remote island means:
(a) Christmas Island; or
(b) the Cocos (Keeling) Islands; or
(c) Lord Howe Island; or
(d) Norfolk Island.
[2] Subsection 3A substitute
3A Conditions on all passenger-carrying aeroplane operations to remote islands (1) Subject to paragraph (2), each certificate authorising 1 or more of the following operations in an aeroplane:

(a) charter operations for the carriage of passengers;

(b) regular public transport operations for the carriage of passengers;

(c) aerial work operations for ambulance functions or for functions substantially similar to ambulance functions (medical transport operations);is subject to the condition that a passenger must not be carried under the certificate on a flight to a remote island unless:

(d) the aeroplane has more than 1 engine; and(e) before the flight commences, the pilot in command has nominated an alternate aerodrome for the flight; and

(f) the nominated alternate aerodrome is not located on a remote island, unless CASA approves otherwise in writing; and
(g) when the flight commences the aeroplane is carrying not less than the minimum safe fuel for the flight; and

(h) during the flight, the pilot in command carries out in-flight fuel management to ensure that the aeroplane is always carrying sufficient fuel to enable it to reach its destination aerodrome as planned, or its nominated alternate aerodrome if necessary, with the required minimum fuel reserves intact.

(2) Paragraph 3A (1) applies to a medical transport operation whether or not a passenger is carried on the flight to a remote island.

(3) An approval under subparagraph (1) (f) may be subject to conditions
{Note: Still reviewing the subtle differences in para 3A but the obvious difference is that the 2014 version is much more condensed and provides a more distinct definition of MTO flights with the addition of sub para (2).}Q. What happened to the 2010 responses which in the normal NPRM due process are usually published??Still joining the dots…Part two to follow…

ps Interesting how Phase One & Two (as quoted below) from today’s version of OS 09/13 is at odds with the CAIR 09/3 version (see post #2188)…

Quote:
Phase 1 will involve amendments to the relevant Civil Aviation Orders (CAOs) and a review of CAAP 234-1 for flights to Isolated Aerodromes in light of the ICAO amendments. This phase will encompass fuel and operational requirements for flights to Isolated Aerodromes. The review will also consider the provision for flight to an alternate aerodrome from a destination that is a designated Isolated Aerodrome. The CAAP234-1 will also be expanded to provide guidance and considerations necessary for flights to any Isolated Aerodrome, in particular when, and under what circumstances, a pilot should consider a diversion.
Quote:
Phase 2 will involve amendments to the relevant Civil Aviation Orders (CAOs) and further review of CAAP 234 in light of the ICAO amendments. This phase will encompass regulatory changes related to the implementation of general fuel planning, in-flight fuel management and the selection of alternate aerodromes. This review will include the methods by which pilots and operators calculate fuel required and fuel on-board.

Last edited by Sarcs; 15th Aug 2014 at 15:49.

 Now I know that is a long chew but it is important in context with the Ferryman post & if we are ever to draw a line under the PelAir cover-up.
I’ll be back! #P2akaSarcs 😎

 

 

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