On the subject, ANAC has already issued Supplemental Instruction (“IS”) 117-002 which deals with the Basic Level of Fatigue Management – NB, IS 117-003 which deals with Fatigue Risk Management – GRF, and IS 117-004, which brings guidelines for implementing a SGRF for operators who have a GRF accepted by ANAC.
The aeronaut law (law 13.475/17) brought the possibility of relaxation of operational limits by the National Civil Aviation Agency (“ANAC”), based on the so-called Human Fatigue Risk Management System (“SGRF”).
In view of this, ANAC edited the Brazilian Civil Aviation Regulation 117 (“RBAC 117”), which establishes the operational limitations relating to Human Fatigue Risk Management (“GRF”) for aircrew and operators and its requirements, as well as disciplines the general and specific obligations that must be fulfilled by all air operators and aircrew.
RBAC 117 states that no operator may exceed any limit provided in the Airman Act or the Regulation itself, unless it has an ANAC approved SGRF.
On this subject, ANAC has already edited the Supplementary Instruction (“SI”) 117-002 that deals with Basic Level of Fatigue Management – NB, the IS 117-003 that deals with Fatigue Risk Management – GRF and the IS 117-004, which brings Guidelines for implementing a SGRF for operators who have a GRF accepted by the ANAC.
For operators who do not have a GRF accepted by the ANAC, but who intend to implement the SGRF in order to relax operational limits, the Agency has prepared proposed IS 117-005, which is under analysis, but still needs final approval.
According to draft IS 117-005, the air operator may use an SGRF when the operation requires that the operational limits prescribed in the Airman Act and RBAC 117 be exceeded. In other words, the SGRF will be required to implement an Alternative Means of Compliance (“MAC”) of the operating limits.
RBAC 117 requires that an SGRF contain four components: (i) SGRF policy and objectives; (ii) GRF processes; (iii) Operational Security Assurance (“GSO”) processes; and (iv) promoting the SGRF. These components are dealt with in detail in sections 7, 8, 9 and 10 of draft IS 117-005.
The SGRF is developed and implemented by developing policies and creating processes and procedures that will describe all elements of the SGRF, providing a record of activities and any changes to the system. The documentation can be centralized in an SGRF manual, or the necessary information can be integrated into the Operator’s Manual (“MO”). Its minimum content is as follows:
a. policy and objectives of the SGRF;
b. SGRF processes and procedures;
c. responsibilities and authorities for these processes and procedures;
d. mechanisms for the continuous involvement of management, crew members, and all other involved employees;
e. SGRF training program, training requirements, and attendance records;
f. limitations on working hours, flight time, standby, reserve, rest, etc;
g. Scheduled and actual flight times, duty periods and rest periods with deviations and reasons for observed deviations;
h. SGRF results, including findings from the data collected, recommendations and actions taken; and
i. composition and attributions of GAGEF.
Also, the IS draft determines that the implementation and updating of the SGRF must be accompanied by the professional category’s union.
The first approval of an SGRF will be on a transaction-specific basis. If the operator wishes to have more than one specific operation, he must request approval of a SGRF revision for each one.
The approval process for a SGRF comprises 5 phases:
Phase 1 – Preparation of the formal request
Phase 2 – Formal request
Phase 3 – Documentation review
Phase 4 – Demonstrations and validations
Phase 5 – Approval
Specifically with respect to private operators, IS 117-005 provides that upon satisfactory completion of Phase 4, the ANAC may approve (or revise the approval of) the SGRF according to the specific operation by issuing a Specific Operation Authorization Letter or LOA.
Before issuing an LOA for approval of a SGRF, the ANAC will consider that the SGRF is satisfactory by:
a. understand all the mandatory components and elements;
b. be a safe, integrated, data-driven system that effectively and continuously monitors and manages fatigue-related safety risks using scientific principles and knowledge, and operational experience; and
c. enable the certificate holder to ensure that crew members and other relevant persons perform their duties with a level of alertness sufficient to ensure the safety of operations.
If, after analysis, the ANAC decides not to approve the SGRF, the private air operator may re-apply for approval of a SGRF, after resolving all the non-conformities pointed out by the ANAC that motivated the non-approval of the previous SGRF.
Draft IS 117-005 further recalls that a Collective Bargaining Agreement (CBA) must be entered into with the National Union of Aeronauts (“SNA”) on the proposed SGRF. The ACT, however, does not need to be sent to ANAC, since it is not a technical requirement within the competence of that Agency.
RBAC 117 only mentions that, in cases where the SGRF authorizes exceeding 12 hours of work or reducing 12 hours of rest, in simple crew, such changes can only be implemented by means of a collective bargaining agreement.