SUBPART
A
General
(a)
This subpart prescribes rules governing:
(1)
The operations of each person who holds or is required to hold an operating
certificate under Part 101; and EAC 101-1
(2)
Each person employed or used by an operating certificate holder conducting
operations under this Part including the maintenance, preventative maintenance
and alteration of a hot air balloon;
(3)
Sightseeing flights conducted in hot air balloons for compensation or hire; and
(4)
Any other balloon operation of any type within the Arab Republic of Egypt,
except moored balloons, unmanned balloons, and unmanned rockets under subpart D
of this Part.
(b)
For purposes of this Part:
(1)
A captive gas balloon is a balloon that derives its lift from a captive
lighter-than-air gas;
(2)
A hot air balloon is a balloon that derives its lift from heated air;
(3)
The envelope is the enclosure in which the lifting means is contained;
(4)
The basket is the container, suspended beneath the envelope, for the balloon
occupants;
(5)
The trapeze is a harness or is a seat consisting of a horizontal bar or
platform suspended beneath the envelope for the balloon occupants; and
(6)
The design maximum weight is the maximum total weight of the balloon, less the
lifting gas or air.
No
person may conduct operations that require a deviation from this part except
under a certificate of waiver issued by ECCA.
101.3
Rules applicable to operations subjected to this Part
Each person operating a
balloon in operations under this Part shall
operate
Only
inside the Arab Republic of Egypt and in designated areas, and shall comply
with the applicable Egyptian rules.
101.5
Duration of operating certificate or permit
(a)
An operating certificate or permit is valid for a period of 12 calendar months
and is effective until surrendered, suspended or revoked. The holder of an
operating certificate or permit that is suspended or revoked shall return it to
the ECAA.
(b)
The holder of an operating certificate that expires shall return it to the
ECAA.
101.7
Application and issue of operating certificate or permit
(a)
An application for an operating certificate or permit is made on a form and in
a manner prescribed by the ECAA.
(b)
An applicant who meets the requirements of this Part is entitled to:
(1)
For the carriage of passengers for compensation or hire, an operating
certificate containing all business names under which the operating certificate
holder may conduct operations and the address of each business office used by
the operating certificate holder; and
(2)
A permit to operate for purposes other than (b)(1) of this paragraph.
101.9
Eligibility for operating certificate or
permit
(a)
To be eligible for a commercial operating certificate or permit, a person
must:
(1)
Except for the issuance of a permit for private or recreational purposes, be a
citizen of the Arab Republic of Egypt, a partnership of which each member is a
citizen of the Arab Republic of Egypt, or a corporation or association created
or organized under the laws of the Arab Republic of Egypt;
(2)
Show, to the satisfaction of the ECAA, that the person is able to conduct each
kind of operation for which the person seeks authorization in compliance with
applicable regulations;
(3)
Hold any economic authority that may be required by the Ministry of Civil
Aviation ;and
(4)
Furnish proof of liability insurance to cover passengers and third parties.
(b)
The ECAA may deny any applicant an operating certificate or permit under this
Part if the ECAA finds:
(1)
That an operating certificate or permit under this Part previously issued to
the applicant was revoked; and
(2)
The ECAA finds that the applicant has not timely submitted all pertinent
information required for the issuance of a certificate or permit in a form and
manner as required by the ECAA.
(c)
Variation Of An AOC
(1)
If the holder of an AOC requires to apply for the variation of a
Certificate an application on the appropriate must be made to the ECAA
Chairman giving at least 30 working days
before the change is required to become effective.
(2) On receipt of an application for
variation, the assigned Inspector(s) will normally be directed to carry out an
investigation, which may include a requirement to accompany or observe a
proving flight.
(d)
Change Of The Company Name, Holder’s Name Or Business Name
(1) The AOC holder must provide
documentary evidence supporting the proposed change of names.
(2) Where limited companies are
involved, the company number must be quoted.
(3) No trading name that is the same as,
or is so similar to an existing business name that it, in the opinion of the
ECAA, may lead to future confusion, will be accepted by the ECAA.
(4) The company Operations Manual will
need to be amended to include amended headers and footers.
(a) Each operating certificate holder shall prepare and keep
current manuals setting forth the
operating certificate holder's procedures and policies acceptable to the ECAA (
Company Operations Manual, General Maintenance Manual, Training Manual, Balloon
Flight Manual, Balloon Maintenance Manual,..........…etc.).
(b) The operating certificate holder’s flight, ground, and
maintenance personnel in conducting
its operations must use these manuals.
(c) Each operating certificate holder required to have a
manual shall maintain at least one copy of the manuals at its principal base of
operations and at other operations stations.
(d) The manuals must not be contrary to any applicable ECAA
regulations, or the operating certificate holder's operating certificate.
(e) A copy of the manuals, or appropriate portions of the manual
(and changes and additions) shall be made available to maintenance and ground
operations personnel by the operating certificate holder and furnished to:
(1) Its pilots
(2) ECAA.
(f) Each employee of the operating certificate holder to whom
a manual or appropriate portions of it are furnished shall keep it up to date
with the changes and additions furnished to them.
101.13
Company Operations Manual
(a) The manual shall have the date of the last
revision on each revised page.
(b) The manual must include the name and title
of each person authorized to exercise
operational control.
(c) The manual shall at least contain:
(1)
Procedures
as acceptable to the ECAA, to ensure that the operational and emergency
equipment necessary for an intended flight is serviceable; and that the Certificate of Airworthiness of each
balloon they operate remain valid.
(2) The procedures for monitoring, accessing and reporting
operational experience;
(3) Balloons types and models to which the manual applies;
(4) The procedures for advising the ECAA of significant
in-service occurrences.
(5) procedures for ensuring that the balloon is operated
within approved limits of mass and center of gravity;
(6) Balloon handling procedures;
(7) Procedures for complying with accident notification
requirements;
(8)
Procedures
for ensuring that the pilot knows that the required airworthiness inspections
have been made and that the balloon has been approved for return to service in
compliance with applicable maintenance requirements;
(9) Procedures for reporting and recording mechanical
irregularities that come to the attention
of the pilot in before, during,
and after completion of a flight;
(10) Procedures to be followed by the pilot for determining
that mechanical irregularities or defects reported for previous flights have
been corrected or that correction has been deferred;
(11)
Procedure
for pre-flight briefing of ground crew;
(12)
Procedure
for briefing of passengers on emergency procedures and equipment, including
(where appropriate) suitable clothing, lifejackets, protective head gear and
passenger landing position blocks;
(13)
The
responsibility for supervising refueling and for ensuring that tanks and hoses
are secured and free of leaks;
(14)
The
responsibility for checking the condition and security of fire, safety, and
medical equipment;
(15)
The
responsibility for ensuring the correct completion of the Technical Log, both
before and after flight;
(16)
The
responsibility for supervising the loading and unloading of the balloon;
(17)
Company
policy on the carriage of children and aged or infirm or Handicapped passengers
should be stated
(18)
Provisions
and use of oxygen and associated equipment
(19)
Instructions
on restricting operating altitudes must be included if oxygen is not carried,
or if a balloon is not correctly equipped either temporarily or permanently.
(20)
Procedures
for normal, abnormal or emergency conditions must be listed in the Manual.
(21)
Procedures
on altimeter setting, particularly the use of QFE and QNH. This policy must be
clearly described in Operations Manuals to cover all phases of flight.
(22)
Procedures
for the evacuation of a balloon and for the care of passengers following a hard
landing, ditching, power line contact or other emergency are to be specified.
(23)
Other
procedures and policy instructions regarding the operating certificate holder's
operations, which are issued by the operating certificate holder, and
(24)
Any other
information and instructions related to the certificate holder's safety
program.
101.15
General Maintenance Manual:
(a)
The operator shall provide the ECAA with a copy of its
general maintenance manual, together with all amendments and / or revisions to
it and shall incorporate in such mandatory material the ECAA may require. The
general maintenance manual shall contain :
(1) A description of the following procedures as
acceptable to the ECAA, to ensure that:
(i) Each balloon operated is
maintained in an airworthy condition.
(ii) The operational and
emergency equipment necessary for intended flight are serviceable; and
(iii) The Certificate of
Airworthiness of each balloon they operate remains valid.
(2) The administrative arrangements between the operator and
all approved maintenance organizations;
(3)<SPAN style="FONT: 7pt 'Times New Roman'">
Names and duties of the person required to ensure that all
maintenance is carried out in accordance with the maintenance control manual;
(4) A reference to the maintenance program provided by the
operator, for the use and guidance of maintenance and operational personnel
concerned, approved by the ECAA, with human factors principles observed in its
design,
(5) Instructions and procedures for
maintenance, preventive maintenance and servicing;
(6) The
procedures for accessing continuing airworthiness information and implementing
any resulting actions;
(7) The procedures for implementing action
resulting from mandatory continuing airworthiness information;
(8) Establishing and maintaining a system
of analysis and continued monitoring of the performance and efficiency of the
maintenance program, in order to correct any deficiency in that program;
(9) The methods used for the completion and retention of the
operator's maintenance records;
(10) Maintenance
training program, curriculums, instructors, procedures and description of
training system and facilities;
(11) Procedures for charging Gas-Bottles;
(12)
Fire precaution procedures during charging Gas-Bottles;
(13) Procedures for storage, labeling/tagging and release of
balloon components and material to Balloon maintenance;
(14) Procedures for safe handling
Gas-Bottles;
(15) A description of the procedure for receiving, amending
and distributing within the organization
all necessary airworthiness data from the type certificate holder or type
design organization; and
(16) A
description of the maintenance procedures and the procedures for completing and signing a maintenance
release when maintenance is based on a system other than that of an approved
maintenance organization
(17)
Quality control procedure.
(a) Training Manual is regarded by the ECAA
as the primary indication of the standard of training and testing likely to be
achieved by an applicant for, or holder of, an AOC. One copy must be submitted
to ECAA, preferably with the initial application for an AOC.
For balloon operations the Training Manual may
be a part of the Operations Manual.
(b) In addition to the more general matters of
company training policy, the following in particular, must be included in the
Manual:
(1)
The name
of the person responsible for the supervision of aircrew training and testing;
and the name of the authorized company type rating examiner;
(2)
Minimum
standards of recent experience and of initial and periodic training to be met
by pilots for each type of balloon used by the Operator;
(3)
Specimen
record forms in respect of all training and testing;
(c)
On line emergency and survival equipment training and testing
(1)
As part of the Line check, company pilots have to practice the carrying out of
the relevant drills and procedures
required in the case of an emergency occurring to the balloon. The following
equipment must be included in the training if carried on board:
(i) Sufficient, adequate and suitable
first-aid kits and their contents;
(ii) Sufficient, adequate and suitable fire
extinguishers;
(iii)Pyrotechnics; and
(2)
Company personnel should be given every opportunity to familiarize themselves
with all equipment on a regular basis.
(3)
Minimum syllabus items for emergency and survival equipment training exist in
ECATSH
(d) Company personnel shall have a adequate
training on fire fighting .
(a)
No operating certificate or permit holder may operate a balloon under this Part
unless that balloons:
(1) Is registered in the Egyptian lighter-than-air aircraft
register and carries an appropriate and current airworthiness operating
certificate; and
(2) Is in an airworthy condition and meets all applicable
airworthiness requirements, including those relating to identification and
equipment.
(3) Is type certificated according to ECAR Part 31.
(b)
An operating certificate or permit holder may operate a balloon if it is
registered in a country, which is a party to the Convention on International
Civil Aviation if:
(1)
The balloon carries an appropriate airworthiness certificate issued by the
country of registration and meets the registration and identification
requirements of that country;
(2)
The balloon is operated by a properly certificated airman as determined by the
ECAA; and
(c) The ECAA approves the operation.
(a) Each operating certificate holder must have enough
qualified management personnel in the following or equivalent positions to
ensure safety in its operations:
(1) Operations Manager;
(2) Chief
Pilot
(3)Maintenance Manager,
(4) Safety Manager, and
(5) Chief inspector (as appropriate)
(b) Upon application by the
operating certificate holder, the ECAA may approve different positions or
numbers of positions than those listed in paragraph (a) of this section for a
particular operation if the operating certificate holder shows that it can perform
its operations safely under the direction of fewer or different categories of
management personnel.
(c) Each operating certificate
holder shall:
(1) Set forth the duties, responsibilities, and authority of
the personnel required by this section in the manual required by this Part;
(2) List in the manual required by this Part the name of the
person or persons assigned to those positions; and
(3) Within 10 working days, notify the ECAA of any change
made in the assignment of persons to the listed positions.
101.22 <SPAN
style="FONT-SIZE: 12pt; mso-bidi-font-size: 10.0pt"> Management
personnel: qualifications
</SPAN><SPAN
style="FONT-SIZE: 12pt; mso-bidi-font-size: 10.0pt"><SPAN
style="FONT-SIZE: 12pt; mso-bidi-font-size: 10.0pt">(a) To serve
as Director of Operations under this part a person must:
<SPAN style="FONT-SIZE: 12pt; mso-bidi-font-size:
10.0pt">(1) Hold or has hold a
commercial pilot license Balloon or Aero plane with Balloon Category rating.
<SPAN style="FONT-SIZE: 12pt; mso-bidi-font-size:
10.0pt">(2) Have at least 1 years
supervisory or managerial experience in a position to exercise operations of
balloons or aero planes.
(b) To
serve as Chief Pilot under this part a person must :
(1) Hold a valid commercial pilot license Balloon or Aero
plane with Balloon Category rating.
(2) Hold a valid balloon instructor rating.
<SPAN style="FONT-SIZE: 12pt; mso-bidi-font-size:
10.0pt">(c) To serve as Director of Safety and
Quality Assurance under this Part a person must:
<SPAN style="FONT-SIZE: 12pt; mso-bidi-font-size:
10.0pt">(1)
Have an
overall understanding of how to establish and manage a comprehensive safety,
quality assurance and accident prevention program and have a complete knowledge
of all AOC operational requirements, manuals and training programs;
<SPAN style="FONT-SIZE: 12pt; mso-bidi-font-size:
10.0pt">(2)
Hold
or has hold a commercial pilot license Balloon or Aeroplane with Balloon
Category rating.
<SPAN style="FONT-SIZE: 12pt; mso-bidi-font-size:
10.0pt">(3)
Have
five years experience in a comparable position with a military branch of
service; or
<SPAN style="FONT-SIZE: 12pt; mso-bidi-font-size:
10.0pt">(4)
Have
five years experience in a supervisory position with an Egyptian Governmental
department, board or agency that is directly responsible for aviation issues.
<SPAN
style="FONT-SIZE: 12pt; mso-bidi-font-size: 10.0pt">(e) To serve
as Chief Inspector under this Part a person must: </SPAN>
(d)
A certificate holder may request a
deviation to employ a person who does not meet the appropriate airman,
managerial, or supervisory experience requirements of this section if the ECAA finds that the person has
comparable experience, and can effectively perform the functions associated
with the position in accordance with the Egyptian Civil Aviation Regulations
and the procedures outlined in the certificate holder's manual. Grants of
deviation under this paragraph may be granted after consideration of the size
and scope of the operation and the qualifications of the intended personnel.
The ECAA may, at any time,
terminate any grant of deviation authority issued under this paragraph
101.23. Adequacy and Supervision
of Staff
(a) Pilots
(1) It will be necessary for Operators to satisfy the ECAA
that they have a sufficient number of pilots for the operations to be
undertaken.
(2) Pilots must be aware of their individual responsibilities
in relation to the legality and currency of any Flight Crew Licenses and
associated ratings and certificates held. Flying with an applicable element of
a license out of date is illegal and may invalidate insurance cover.
(3) The employment of part-time or ‘freelance’ pilots is
acceptable. Irrespective of other
pilots are part-time or full-time employees, tests carried out to
establish their competence for flight.
(4) Tests conducted on behalf of another Operator may be
accepted under arrangements set out in the company’s Training Manual. These
arrangements must ensure that the pilot is competent to perform all the duties
and responsibilities laid upon him by the Operator.
(b)
Chief Pilot
(1) Arrangements must be made for the
supervision of pilots by a person having the experience and qualities necessary
to ensure the maintenance professional standards. This will necessitate the
appointment of a Chief Pilot.
(2) The duties and
responsibilities of the Chief Pilot must be carefully defined. ECAA will
require verification that arrangements for the professional supervision of
balloon pilots are properly related to the size and nature of the Operator’s.
(c) Certifying
Staff: Appropriately certificated maintenance
personnel or other person approved by the ECAA according to ECAR Part 65.
(d)Ground Staff:
(1)
The
number of ground staff needed will depend primarily upon the nature and the
scale of operations; the ECAA will take full account of an Operator’s
particular circumstances.
(2) Operations staff must be
suitably trained personnel who have a complete understanding of the nature of
their duties and responsibilities.
(3)
Retrieve crews must be trained for, and experienced in, all aspects of normal
and emergency operations. Responsibility
for the training and supervision of ground staff rests with the company
Operations Manager.
101.24 Safety Management System:
(a) The
nature and scale of office services required - clerical staff and equipment -
should be related to the number of other staff employed.
(b) It
is particularly important that office services are sufficient to ensure that
operational instructions and information of all kinds are produced and
circulated to all concerned without delay. Telephones must be manned or
recorded while operations are in progress.
(c) Office space at the operating base must be
sufficient to provide a suitable working environment for the staff employed and
for the use of crews between flights. Adequate provision must be made for
operational planning, for the storage and display of essential records and for
flight planning.
(d) Storage facilities must be provided for
parts, equipment, tools and material. Storage
conditions must be such as to provide security for serviceable parts,
segregation of serviceable from unserviceable parts, and prevent deterioration
of and damage to stored items. Fuel gas cylinders store should be separated
from other stores.
(a) At the operating base, the Operator must
maintain an adequate library of maps, charts, flight guides, Operations Manuals
and other documents needed for reference and planning purposes and for use in
flight.
(b) The library must be kept in an orderly fashion
with responsibility for its maintenance clearly defined.
(c) Aeronautical charts and appropriate flight
guides will normally be required for the area over which the Operator is
certificated to fly.
(d) Arrangements must be made for the amendment of
manuals, flight guides etc. and for bringing the amendments to the notice of
pilots and other operating staff. A record should be kept of the distribution
of manuals and amendments.
(a)
Responsibility for making occurrence reports, must be assigned to a suitably
qualified safety officer appointed for the purpose.
(b) Reports should be made to the ECAA through
this official Occurrence Report Form (Ref. ECAR 39).
(1) Where appropriate, the circumstance of an incident should
be made generally known within the Operator’s company.
(2) Particular care is to be taken to ensure that originators
of occurrence reports are informed of the outcome of any subsequent
investigations. To this end, full use should be made of the facilities provided
for the exchange of information on occurrences and accidents by the ECAA’s.
(3) Operators must report to the ECAA any occurrence
interpreted as being
(4) within the guidance in The Mandatory Occurrence Reporting
Form.