Cfr 14 parts 243;247;248

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A discussion on Federal Aviation Regulations Part 243, 247 and 248 and its equivalent on European Aviation Safety Agency (EASA) and International Civil Aviation Organization (ICAO).

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  • Administrative laws, the executive department has the authority to interpret the US Statutes (law enacted by the congress) and to entrust to specific agencies the enforcement of the law
  • The FAA, U.S. department of transportation has the enforcing power to stop or cancel a flight originating from the Philippines destined to any U.S. territory in case of non-conformance with rules and regulations and FAA, , U.S. department of transportation
  • Passenger and cargo manifest is also managed by the Departure Control Systems of an airline which monitors the movement of passenger and cargo and feeds the destination the inputs needed to identify the number of agents, controllers, trucks needed and importantly lost baggage and passenger which could have an implication to security
  • The covered airline should provide U.S. Department of transportation a brief statement on how it collects passenger information and to see if that is compliant/acceptable with the provisions of this part. The covered airline shall notify the authority in any significant changes in the collecting, transmitting of passenger information before the date of change,
  • Passenger manifest information were called by other countries in Passenger Name and Record (PNR), today PNR is managed by the automated systems of airlines or their Computerized Reservation Systems (CRS)
  • Cfr 14 parts 243;247;248

    1. 1. Understanding Passenger Manifest Information, Direct Airport to Airport Mileage Records and Submission of Audit Reports Delicano, Joefreim A. Institute of Graduate Studies Philippine State College of Aeronautics
    2. 2. Objectives • Understand what code of federal regulations (CFR) is all about • Define FAR part 243, 247, and 248 and identify its equivalent in EASA regulations • Seek the relevance of these provisions in the aviation operations • Create interactions; enjoy the study of the topic; make new grounds for possible collaborations in the future
    3. 3. Understanding CFR • CFR stands for Code of Federal Regulations • CFR is composed of 50 titles, representing all the administrative laws of the United States of America • CFR Title 14 belongs to Aeronautics and Space, popularly known as the Federal Aviation Regulations
    4. 4. Understanding CFR • Any country/entity operating/will operate within the territory of the United States of America is governed/will be governed by the laws of the U.S. • For example, Philippine Air Lines (PAL), most of its flights going to U.S., is required to comply with the rules and regulations of the Federal Aviation Administration (FAA) and the U.S. department of transportation.
    5. 5. Figure 1: Title 14, Code of Federal Regulations (CFR), otherwise known as the Federal Aviation Regulations (FAR)
    6. 6. FAR part 243: Passenger Manifest Information • This part ensures the U.S. government has prompt and adequate information in case of an aviation disaster on covered flight segments • Aviation disaster is an occurrence associated with the operation of an aircraft in which any person suffers death or injury that was caused by a crash, collision, sabotage or accident, a missing aircraft or act of air piracy
    7. 7. FAR part 243: Passenger Manifest Information • Covered flight segment means a passengercarrying flight segment operating to or from the United States (i.e., the flight segment where the last point of departure or the first point of arrival is in the United States). A covered flight segment does not include a flight segment in which both the point of departure and point of arrival are in the United States
    8. 8. FAR part 243: Passenger Manifest Information • Air piracy means any seizure of or exercise of control over an aircraft, by force or violence or threat of force or violence, or by any other form of intimidation, and with wrongful intent.
    9. 9. FAR part 243: Passenger Manifest Information • Covered airline means: (1) certificated air carriers, and (2) foreign air carriers, except those that hold Department of Transportation authority to conduct operations in foreign air transportation using only small aircraft (i.e., aircraft designed to have a maximum passenger capacity of not more than 60 seats or a maximum payload capacity of not more than 18,000 pounds)
    10. 10. FAR part 243: Passenger Manifest Information • Passenger means every person aboard a covered flight segment regardless of whether he or she paid for the transportation, had a reservation, or occupied a seat, except the crew. • For the purposes of this part, passenger includes, but is not limited to, a revenue and non-revenue passenger, a person holding a confirmed reservation, a standby or walkup, a person rerouted from another flight or airline, an infant held upon a person's lap and a person occupying a jump seat. Airline personnel who are on board but not working on that particular flight segment would be considered passengers for the purpose of this part.
    11. 11. FAR part 243: Passenger Manifest Information • This part applies to covered flight segments operated by covered airlines. • Passengers that failed to provide the necessary information required by the FAA (full name, contact information) shall mean denial of boarding • For U.S. citizens, they are required to provide their full name (means the given name, middle initial or middle name, if any, and family name or surname as provided by the passenger).
    12. 12. FAR part 243: Passenger Manifest Information • For non-U.S. citizens in which origin/destination is in the Covered flight segment set by the U.S. FAA, aside from the Full name, they are also required to submit their contact information and other relevant information set by the covered airline and the U.S. FAA • The covered airline operating the flight segment shall be responsible for ensuring compliance
    13. 13. FAR part 243: Passenger Manifest Information • Information on individual passengers shall be collected before each passenger boards the aircraft on a covered flight segment; • The information shall be kept until all passengers have disembarked from the covered flight segment. • No other agency shall obtain these information and shall be kept confidential. Only the U.S. department of state, the NTSB and the U.S. department of transportation have the power of oversight with the information.
    14. 14. FAR part 243: Passenger Manifest Information • The contact information shall be used by the covered airlines only for notification of family members or listed contacts following an aviation disaster. No part of the information shall be used commercially or marketing reasons.
    15. 15. FAR part 243: Passenger Manifest Information • The equivalent provisions of FAR part 243 in EASA regulations can be seen at Annex VI the draft Commission Regulation on ‘Air Operations — OPS’ ,NCC.GEN.140 (Documents, manuals and information to be carried) • NCC.GEN stands for Non-Commercial Operations with Complex Motor-Powered Aircraft, General Information
    16. 16. FAR part 243: Passenger Manifest Information • NCC.GEN.140 specifies that before, during and after each flight, the following 19 documents shall be carried and include: Figure 2: Cargo and passenger manifests should be carried each flight as stipulated in the NCC.GEN.140
    17. 17. Figure 3: Passenger manifest information form for U.S. citizens
    18. 18. Figure 4: Passenger manifest information form of outgoing passengers, Australia
    19. 19. FAR part 247: Direct Airport to Airport Mileage Records • The Office of Airline Information of the Bureau of Transportation Statistics of the Department of Transportation shall maintained, revised, amend direct airport to airport mileage records as part of its regular duties pursuant to titles IV (Accounts) and X (Energy) of the Code of Federal Regulations
    20. 20. FAR part 248: Submission of Audit Reports • This part applies to all carriers subject to part 241 (Uniform system of accounts and reports for large certificated air carriers) • This only applies for certificated air carriers within the United States of America • This particular provision states requires air carrier to have their audit by independent public accountants and file with the Office of Airline Information that will include schedules, exhibits, and certificates included in, attached to, or submitted with or separately as a part of, the audit report.
    21. 21. FAR part 248: Submission of Audit Reports • Each air carrier subject to this provision that does not cause an annual audit to be made of its books, records, and accounts for any fiscal year shall, at the close of such fiscal year file with the Board's Office of the Comptroller, as a part of its periodic reports, a statement that no such audit has been performed
    22. 22. FAR part 248: Submission of Audit Reports • Carriers shall submit their audit reports or their statement that no audit was performed in a format specified in accounting and reporting directives issued by the Bureau of Transportation Statistics' Director of Airline Information
    23. 23. Equivalent of FAR part 247 and 248 to EASA regulations • By virtue of (EC) 1108/2009 adopted by the European parliament and the European Council, it extends the tasks of EASA (European Aviation Safety Agency) for oversight functions when it comes to safety of aerodromes, air traffic management and air navigation services • These includes recordkeeping and auditing of all pertinent data and information that will ensure safe and efficient air travel
    24. 24. Equivalent of FAR part 243,247 and 248 in ICAO regulations • Stated in Article 29 of the Chicago Convention – “requires every aircraft engaged in international navigation to carry certain documents, including, for passengers, "a list of their names and places of embarkation and destination". Annex 9 specifies, in Standard 2.7, that presentation of the passenger manifest document shall not normally be required, and notes that if the information is required it should be limited to the data elements included in the prescribed format, i.e. names, places of embarkation and destination, and flight details.”
    25. 25. Equivalent of FAR part 243,247 and 248 in ICAO regulations • Doc 9137, otherwise known as the Manual of Aerodrome Standards, contains information relevant to the operation and management of airports identifying forecasting as one of the requirement for airport operation and management. • The same regulations were followed by ICAO when it comes to auditing requiring the service of a third party (external auditors) during audit. After all, U.S. and EASA regulations were based from ICAO regulations.
    26. 26. END OF PRESENTATION….ANY QUESTIONS, COMMENTS/SUGGESTIONS?
    27. 27. “Safety First” is “Safety Always.” ~Charles M. Hayes
    28. 28. References • http://easa.europa.eu/atm/, ATM and Airports. “EASA regulations on direct airport to airport mileage”. Date retrieved: November 01, 2013 • http://www.easa.europa.eu/agency-measures/opinions.php, Annex VI to draft commission regulation on Air Operation-NCC. “ EASA regulations on passenger manifest information”. Date retrieved: November 01, 2013 • http://www.ecfr.gov, Code of Federal Regulations. “CFR”. Date retrieved: November 01, 2013 • http://en.wikipedia.org/wiki/Code_of_Federal_Regulations, Code of Federal Regulations. “CFR”. Date retrieved: November 01, 2013 • http://www.easa.europa.eu/flightstandards/structure.html. European Aviation Safety Agency Flight Standards. “EASA regulations”. Date retrieved: November 01, 2013
    29. 29. References • http://legacy.icao.int/icao/en/atb/sgm/api.htm, Advance Passenger Information. “ICAO regulations on passenger manifest information’ Date retrieved: November 01, 2013 • http://www.icao.int/Meetings/a38/Documents/WP/wp046_en.pdf. Working Paper, ICAO. “ICAO regulations on submission on audit reports” Date retrieved: November 01, 2013 • http://en.wikipedia.org/wiki/Passenger_name_record, Passenger name record. “Passenger name record form” Date retrieved: November 01, 2013 • Zapanta, Avelino L. 100 years of Philippine Aviation 1909-2009, a focus on airline management. “Departure Control Systems (DCS)”. ALZ Publishing, 2005.
    30. 30. Figures • Figure 1: http://www.ecfr.gov/cgi-bin/textidx?SID=8b4febf28f8b492dc4bbf2fe79122ca7&tpl=/ecfrbrowse/Title14/14 tab_02.tpl, Date retrieved: November 01, 2013 • Figure 2: Annex VI the draft Commission Regulation on ‘Air Operations — OPS’, Part-NCC — IR, European Aviation Safety Agency • Figure 3: www.immihelp.com. “Passenger manifest information-U.S. Citizens”. Date retrieved: November 01, 2013 • Figure 4: http://en.wikipedia.org/wiki/File:Outgoing_Passenger_Card_Australia.jpg, Date retrieved: November 01, 2013

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