Certification
139.101 Certification requirements: General
(a)
As of November 2008,
all Egyptian primary aerodromes used for International operations shall be
certified in accordance with the specifications contained in this Part, as well
as the EACs referred to in this Part.
Note:
When an aerodrome is granted a certificate, it signifies to aircraft operators
and other organizations operating on the aerodrome that, at the time of
certification the aerodrome meets the specifications contained in this Part, as
well as the EACs , certalert referred to
in this Part and that the aerodrome operator shall maintain these specifications according to certification status for the
period of validity of the certificate.
(b) Upon satisfactory completion of the certification process the aerodrome
certification status shall be provided to the aeronautical information service
for publication.
(c)
Reserved.
(d) Other
Egyptian aerodromes shall be certified, within 10 years as of the date of
effectiveness of this revised Part, in accordance with the specifications
contained in this Part as well as the EACs and Certalerts
referred to in this Part.
(e)
The Operator of a
non-certificated aerodrome may be authorized by ECAA, to serve a non-commercial
aircraft, in case of emergency and unusual circumstances.
(f)
Other Egyptian
aerodromes shall be certified, within 10 years as of the date of effectiveness
of this revised Part, in accordance with the specifications contained in this
Part as well as the EACs referred to in this Part.
(g)
Reserved
139.103 Application for certificate
(a) The applicant for an aerodrome
certificate must acquire a Ministerial Decree to proceed in the aerodrome
certification process.
(b) Each applicant for an aerodrome
certificate must submit an expression of interest and a formal application, in
the form and manner prescribed by the ECAA (Refer to EAC139-1).
(c) The application should be
accompanied by two copies of a completed aerodrome certification manual
prepared in accordance with Subpart C of this Part.
(d) The applicant shall obtain formally endorsed copy / copies of this Part
and other relevant publications issued by ECAA.
(a) Each aerodrome operator shall
undertake the necessary arrangements to allow the ECAA to make any inspections,
including unannounced inspections, or tests to determine:
(1) Compliance with the requirements
of this Part;
(2) The use of all related advisory
circulars guidance,Certalerts approved equivalent means of compliance.
(b) Each aerodrome operator shall allow
the ECAA to make special inspections to ensure aviation safety:
(1) As soon as practicable after any
aircraft accident or incident within the meaning of these terms defined in ECAR
Part 801;
(2) During the period of construction
or repair of the aerodrome facilities or equipment that is critical to the
safety of aerodrome operation; and
(3) At any other aerodrome conditions
that could affect aviation safety.
139.107 Issuance of certificate
(a) An applicant for an aerodrome
certificate is entitled to the grant of a certificate a if:
(1) The provisions of 139.103 of this
Subpart are met;
(2) The ECAA, is satisfied that
the applicant is properly and adequately equipped and can demonstrate
organizational competence in providing a safe aerodrome operating environment
for aircraft and relevant activities
using the aerodrome in accordance with:
(i) ECAR
Parts 107, 171,172, 173, 174, 303, 311, and 139; and
(ii) Any limitations the ECAA finds
necessary in the public interest.
(b) The ECAA accepts the aerodrome
certification manual.
Note : ( refer to EAC 139-60 for
guidance related to Aerodrome Operational Safety Competences)
139.109 Duration of certificate
An aerodrome certificate issued under this Part is valid
for 3 year from the effective date of issue unless it is surrendered by the
certificate holder or either suspended or revoked by the ECAA in accordance
with 139.117, 139.123 , 139.125 which ever is earlier .
139.110 Renewal of certificate
(a) Application for renewal of
an existing certification shall be submitted by the holder of certificate, at
least 6 months prior to expiry date of the existing certificate
(b) An applicant for renewal of aerodrome certificate is entitled to the
grant of renewed certificate if The ECAA
is, and remain , satisfied that the applicant is properly and adequately
equipped, staffed and can demonstrates
organizational competence in providing a safe aerodrome – operating
environment for aircraft using the
aerodrome in accordance with: :
(i) ECARs 107,171,172,173,174,301.303,311 and
139, and
(ii) Any limitations the ECAA finds necessary in the public interest.
(a) An applicant or a
certificate holder may petition the ECAA for an exemption from any requirement
of this Part, after carrying out aeronautical studies/Risk Assessment studies,
to provide justifications for non-compliance, assess the consequent risks and
identify the appropriate practical
solutions whereby an equivalent level of safety can be attained, with bearing
in mind the safety objective of the aerodrome certification regulations and the
applicable standards so that the intent of the regulations is not circumvented.
(b) Each petition filed under this section
must be submitted in duplicate and in the form and manner prescribed by ECAA (
Certalert A-111)
(c) The ECAA may exempt, in writing, an
aerodrome operator from complying with specific provisions of regulations, if the
ECAA is and remains satisfied that the applicant is properly and adequately
equipped, staffed and can demonstrate organizational competence in providing a
safe aerodrome operating environment for aircraft using the aerodrome in
accordance with :
i)
ECARS 107, 171, 172, 173, 174,
301, 303, 311 and 139 and
ii)
Any limitations the ECAA
finds necessary in the public interest
(d) ECAA approval on an exemption shall not
relieve the Aerodrome Operator from his full responsibility for providing safe operating environment for
aircraft using the aerodrome and all other activities on the aerodrome. . .
(e) An exemption is subject to the
aerodrome operator complying with the conditions and procedures specified by
the ECAA in the Exemption Approval Form
as being necessary in the interest of safety.
139.113 Deviations and endorsement of conditions on an aerodrome certificate
(a) An applicant or a certificate holder may
petition the ECAA for a deviation
(permanent exemption) from any
requirement of this Part, after carrying out aeronautical studies/Risk
Assessment studies, to provide justifications for non-compliance, assess the
consequent risks and identify the
appropriate practical procedures whereby
an equivalent level of safety can be attained, with bearing in mind the safety
objective of the aerodrome certification regulations and the applicable
standards
(b) Deviations
from a standard or practice and conditions for the type of use of the aerodrome
and other details, procedures and conditions referred to in the herein above
regulation para (a) above will be set out in an endorsement on the aerodrome
certificate.
(c)
Deviations and relevant details and conditions endorsed on the Aerodrome
Certificate shall be published in the
appropriate AIS publication
(d)
Endorsement of the deviation and relevant details, procedures and conditions on the Aerodrome Certificate
shall not relieve the Aerodrome Operator from his full responsibility for providing safe operating environment for
aircraft using the aerodrome and all other activities on the aerodrome
(e)
Approval of a deviation is subject to the aerodrome operator complying with the
conditions and procedures specified by the ECAA in the aerodrome certificate as
being necessary in the interest of safety.
139.115 Amendment of certificate
Provided
that the requirements of 139.107(a) and 139.213 have been met, ECAA may amend
an aerodrome certificate when:
(a) There is a change in
the ownership or management of the aerodrome;
(b) There is a change in
the use or operation of the aerodrome;
(a)
There is a
change in the boundaries of the aerodrome; or
(b)
The holder
of the aerodrome certificate requests an amendment.
139.117 Surrender of an aerodrome certificate:
(a) The aerodrome
certificate holder must give the ECAA, not less than 30 days, written notice of
the date on which the certificate is to be surrendered in order that suitable
promulgation action can be taken.
(b) The ECAA will cancel
the certificate on the date specified in the notice.
139.119 Transfer of an aerodrome certificate:
(a) The ECAA may give its consent to and issue an instrument
of transfer of an aerodrome certificate to a transferee when:
(1)
The
current holder of the aerodrome certificate notifies the ECAA, in writing, at
least 90 days before ceasing to operate the aerodrome, that the current holder
will cease to operate the aerodrome as of the date specified in the notice;
(2)
The
current holder of the aerodrome certificate notifies the ECAA, in writing, of
the name of the transferee;
(3)
The
transferee applies to the ECAA, in writing, in the form and manner prescribed
by ECAA, within 90 days before the current holder of the aerodrome certificate
ceases to operate the aerodrome certificate to be transferred to the
transferee; and
(4)
The
requirements set out in 139.107 are met by the transferee.
(b) If the ECAA does not consent to the transfer of an
aerodrome certificate, it shall notify the current aerodrome certificate holder
and the transferee, in writing of its reasons no later than 7 days after making
that decision.
139.121 Interim aerodrome certificate:
(a) The ECAA may issue an interim aerodrome
certificate to the aerodrome certificate applicant or the proposed transferee,
authorizing the applicant or transferee to operate an aerodrome if the ECAA is
satisfied that:
(1)
An
aerodrome certificate in respect of the aerodrome will be issued to the
applicant, or transferred to the transferee, as soon as the application
procedure for the grant or transfer of an aerodrome certificate has been
completed; and
(2)
The grant
of the interim certificate is in the public interest and is not detrimental to
aviation safety.
(b) An interim aerodrome
certificate issued pursuant to 139.121(a) shall expire on:
(1)
The date on
which the aerodrome certificate is issued or transferred; or
(2) The expiry date specified in the interim aerodrome
certificate. Whichever
is earlier.
(c) This Part applies apply to an interim
aerodrome certificate in the same manner as they apply to an aerodrome
certificate.
139.123 Suspension
of an aerodrome certificate:
Suspension of an aerodrome certificate
may be considered if:
( a) aerodrome operator voluntary gives notice in writing
to the ECAA
(b) the sum of corrective actions to remove an
unsafe condition , and thereby ensure safe aircraft opertion , have not achived
the necessary result in the time scale required ;
(c) The technical
proficiency or qualifications of the aerodrome operator to perform the duties needed to meet the
critical safety requirements in accordance with the regulations are found
inadequate;
(d) The Operator
resists or is unwilling to take action to correct or mitigate the condition
affecting aviation safety; or
(e ) The Operator
wilfully fails to perform an already agreed upon corrective action and
suspension of the certificate is the last resort to avoid unsafe operations in
the aerodrome movement area.
139.125 Revocation of an
aerodrome certificate:
Revocation of an aerodrome certificate may be warranted if
the aerodrome operator:
(a) Is incapable or
unwilling to carry out corrective action or has committed/repeated serious
violations;
(b) Has demonstrated
a lack of responsibility, such as deliberate and flagrant acts of non‑compliance
or falsification of records jeopardizing aviation safety; or
(c) Has made it
convincingly clear that the continued operation of the aerodrome will be
detrimental to the public interest.
139.127through 139.199 Reserved