Fabio Falkenburger, Marina Estrella Barros, Pedro Amim, Vitor Guilherme da Silva Barbosa, Vittoria Psillakis Mickenhagen and Izadora Figueiroa Mastrangelli

Amidst the initiatives to regulate the activities of operation and administration of shared aircraft ownership programs, which began in 2020 with the inclusion of rules in Subpart K of Brazilian Civil Aviation Regulation 91 (RBAC 91), the National Civil Aviation Agency (Anac) issued Supplemental Instruction 91-013 (IS 91/13) in September. In general terms, IS 91/13 regulates the process for obtaining administrative specifications (EA) for legal entities wishing to provide shared property program administration services or for those that provide the services and need to adapt to the new rules on the activity.

EAs are documents issued by Anac that define, list, and establish facilities, management personnel, fleet, area of operation, specific operations authorizations and/or limitations, aircraft maintenance information, and exemptions or deviations related to a shared aircraft ownership program administrator. The characteristics of the administrator, therefore, are linked to the information contained in its EAs.

IS 91/13 establishes the process for obtaining or changing an EA, with estimated deadlines for each procedural phase, listing all the necessary documentation in each one of them.

Information has been included to assist the interested party in preparing the necessary documentation and infrastructure for presentation during the process. This is an important step towards the implementation of shared ownership programs in Brazil, aiming to create a regulated modality for provision of services, increase competitiveness in the airline industry, and, at the same time, ensure safety of operations for users/owners.

The process of issuing EAs has five stages:

  • Phase 1 - Prior request;
  • Phase 2 - Formal request;
  • Phase 3 - Evaluation of documents;
  • Phase 4 - Demonstrations and inspections; and
  • Phase 5 - Issuance of EAs

This process has an estimated minimum duration of 120 days, depending on the agility of the submission of documents, accuracy of information, and the speed of responses from the interested party to any requests, inquiries, and non-conformities pointed out by Anac.

The process must be carried out through an electronic request via Anac's Electronic Information System (SEI). All interactions and communications between Anac and the applicant shall be performed by legal representatives appointed by the applicant, which may be the responsible manager, the persons appointed for personnel administration positions, or legally appointed attorneys.

 

What will be done in each phase

 

In the preliminary application phase, the applicant may request clarification related to the required documents and applicable procedures through an electronic platform. After the first contact via the Fala BR platform and if further clarifications are needed, the responsible manager or legal representative should draft and send a letter, via SEI, requesting a prior orientation meeting.

The purpose of the preliminary orientation meeting is to provide the applicant with information about the process, documents needed to form the formal application package, practical issues, procedures for demonstrating compliance with requirements, instructions for preparing the manuals, programs and the structure that must be presented during the process. The request for clarification letter should indicate the manager responsible for the company and other members of management, in accordance with the requirements under RBAC 91.

During the formal application phase, the applicant must submit a new letter requesting the formal opening of the case, containing information such as:

  • corporate name of the organization;
  • CNPJ;
  • address of the operational headquarters;
  • listing of the aircraft models to be used in the program;
  • crew list;
  • sample shared ownership program administration agreement;
  • fleet management document containing up-to-date aircraft information;
  • information on operations to be conducted on water;
  • operational security document system;
  • declarations of conformity;
  • application for exemption from compliance with rules;
  • contact information; and
  • any other documents/manuals requested by Anac during the process.

In conjunction with the cover letter, other documents should also be forwarded such as:

  • template(s) of program administration agreement;
  • fleet management document containing updated information on the specific aircraft (nationality and registration marks) to be used for the program;
  • sample list of quotaholders;
  • registration of the required administration personnel;
  • information on area of operation;
  • requests for authorization for specific operations;
  • requests for exemption from compliance with a rule; and
  • other documents or manuals, at the discretion of the requesting organization or requested by the technical team, also throughout the process.

In the third phase (evaluation of documents), Anac will evaluate all required manuals, programs, and documents and notify the applicant by letter, if any document is considered incomplete, deficient, or not in compliance with the applicable rules. The deadline for Anac to approve the documents will depend on the satisfactory fulfillment of the deficiencies and non-conformities pointed out during the assessment phase. Upon completion of the assessments and approval of the manuals, programs, and other documents, a final compliance statement will be produced to ensure that each regulatory requirement applicable to the intended operation has been adequately addressed.

In phase 4 (demonstrations and inspections), the organization must file a letter confirming availability for demonstrations and inspections. Next, Anac will evaluate the effectiveness of policies, methods, procedures, and instructions described in the manuals and indicate any corrective actions necessary. As a result of the inspections carried out, in the event that deficiencies and non-conformities are found, they will be communicated to the applicant organization by means of an official letter. The corrections must be submitted by letter or official letter of reply within the period established by Anac.

In the last phase of the process, Anac will approve and issue the EAs of the new shared aircraft ownership program administrator, listing all the permits, approvals, limitations, and exemptions granted. The process will be formally closed by means of the publication of an ordinance in the Official Gazette of the Federal Government.

The regulation of shared ownership of aircraft fosters competition and facilitates access to private flights, in addition to providing greater safety and predictability for the user. The deadline to start issuing EAs is March of 2022, and the process must be completed by October 31, 2022.