FAA Involvement : Commercial Derivative Aircraft for United States Navy Aerial Refueling Contract

1. FAA Involvement : Commercial Derivative Aircraftfor United States Navy Aerial Refueling Contract United States Navy Aerial Refueling Industry Day June 20, 2006 Derek Morgan FAA Military Certification Office (ACE-100) Emilio Estrada FAA Flight Standards Service (AFS-330) Bruce Kaplan FAA Aircraft Engineering Division (AIR-110)

2. Why are there FAA Requirements in USN Draft PWS? • USN desires contractor to utilize existing commercial baseline aircraft to reduce cost and development time • FAA uses established and proven airworthiness standards • Ensures that modifications to baseline platforms consider original design requirements and limitations • Takes advantage of FAA systems for design approval (type certification), production approvals, maintenance, and operational aspects • Utilizes best available commercial business models for fleet aircraft operation • Supports DoD policy for use of commercial derivative aircraft • Allows contractor aircraft to be operated, maintained, and potentially share in benefits of the commercial aircraft baseline fleet • Commonality • Potential spares pooling • Training, maintenance, and logistics networks

3. What is Extent of FAA Involvement and Contractor Oversight? • FAA has limited exposure and has no applicable airworthiness or operational regulations for aerial refueling • Civil airworthiness standards will not be developed until refueling is an approved civil operation • FAA traditionally has “hands-off” approach to military public use operations • Requirements posed by USN will require various civil FAA approvals to be obtained by contractor • Contractor may be required to obtain type certification, production approval, and become Part 125 operator – all subject to FAA approval and surveillance • FAA involvement will depend upon USN requirements and contractor’s proposal

4. What are USN’s Requirements Invoking FAA Support? Draft Performance Work Statement prescribes the following… • Civil aircraft contracted to perform aerial refueling for military aircraft • USN flight clearances to refuel specific military aircraft • Contracted installer/maintainers, aircraft crews, mission coordinators • FAA type certification for aircraft modifications • FAA Standard Airworthiness Certificate • 14 CFR Part 125 based maintenance and operation

5. Civil Aircraft Performing Military Aerial Refueling Mission • Assumes contractor will own and operate civil registered commercial aircraft performing military (public use) function • Civil aircraft performing public use operations can be exempt from civil airworthiness certification and certain operational regulations - USN is requiring compliance where possible • Airworthiness and safety of aircraft under public use statute is the responsibility of the agency conducting operations • USN chose to impose civil criteria for airworthiness certification, maintenance, and some operational aspects

6. USN Flight Clearances for Refueling Operations • USN assumes airworthiness and operational authority role for contractor aircraft during military public use operation • USN approves aircraft, refueling equipment function, flight planning, and operations for required military missions • Assumes USN flight clearance will be required for all contract authorized military operations • Assumes contractor will operate and maintain aircraft considered to be airworthy by FAA with standard airworthiness certificate

7. FAA Qualified and Licensed Airmen • USN requirements require FAA certificated personnel to conduct maintenance and operation of aircraft • FAA approved maintenance practices in accordance with 14 CFR Parts 91 and 125 • FAA rated pilots and crew members for aircraft operation • In addition, USN trained and qualified crew members specific to actual aerial refueling operations

8. FAA Type Certification for Aircraft Configuration • Modified commercial aircraft configuration certified to existing Part 25 airworthiness requirements • Part 25 does not have airworthiness standards for refueling equipment – compliance shown to Part 25 structural, systems, and equipment design criteria • Performance specifications, validation, and verification of refueling system operation must be performed by USN • FAA “Level of Certification” for mission equipment must be defined

9. FAA Type Certification for Aircraft Configuration (continued) FAA Certification – “Levels of Approval” and Options • Full approval, including refueling function and operation • Not possible – no airworthiness standards for refueling systems • Equipment installation approval (partial approval) • Equipment installed and functional with power on • No adverse affect on aircraft or aircraft systems • Refueling not approved for civil operations • Safe carriage (partial approval) • Equipment installed but not operational • Physical, structural, and aerodynamic aspects examined and compliant • Equipment not evaluated for effects on aircraft • Power and signal interfaces disconnected and stowed • Provisions only (partial approval) • Equipment not installed • Structural and aircraft system modifications provisions only • Establishes interface points and design limits only

10. Aircraft Must Have FAA Standard Airworthiness Certificate • Requires all modifications to baseline aircraft obtain FAA Part 25 certification for type design configuration • Requires aircraft to conform to approved FAA type design • Requires aircraft to be maintained and operated in accordance with FAA approved maintenance program and within envelope defined by FAA approved flight manual • Requires aircraft to be in condition for safe operation • Public use operation does not invalidate FAA airworthiness certificate if above conditions are not compromised • Must have FAA approved maintenance plan to assume dual role operation as civil/public aircraft

11. Contractor Must Meet Requirements of 14 CFR Parts 91 and 125 for Maintenance and Operation • PWS assumes contractor must comply with all requirements of Parts 91 and 125 civil operator • Aircraft will be public use when conducting missions under military authorization – outside of FAA oversight • Will require USN, contract operator, and FAA to define ground rules and areas of responsibility

12. What is FAA Involvement with USN and Aerial Refueling Contractor? • FAA will need to work with USN and potential contractors to define RFP requirements that FAA can support • Type certification of modifications • Production approvals for commercial fleet modification spares • FAA issuance of approvals and oversight of contractor facilities and procedures • Clear understanding, definitions, and plans for military “public use” operation of these aircraft • Investigate operation of these aircraft in foreign airspace

13. FAA / U.S. Armed Services Memorandum of Agreement (MoA) • Memorandum of Agreement (MoA) between U.S. Armed Services and FAA was signed 10 September 2004 • MoA formalizes FAA role in providing support of national defense and acquisition of Commercial Derivative Aircraft (CDA). • MoA requires the Armed Services to reimburse FAA for expenditures on CDA certification and authorized services • MoA provides for two levels of service: “Baseline” and “Program Specific” • Program Specific Service Agreement required for projects outside scope of Baseline services • This program will require a PSSA • The MoA established the Military Certification Office

14. FAA Military Certification Office • MCO ensures Armed Service’s projects receive adequate prioritization and support • MCO is the technical liaison between FAA and Armed Services • MCO provides certification services to applicants that are under contract to Armed Services Contact:Ronald K. Rathgeber, Manager FAA Military Certification Office 8200 East 34th Street North Building 1000, Suite 1005 Wichita, KS 67226 316-350-1580 FAX 316-350-1592 ron.rathgeber@faa.gov

15. Questions ?