The Public Consultation n. 15/2020 (the “Consultation”), which is being conducted by ANAC, in accordance with the procedures established by the legislation in force, has the purpose of submitting a proposal to amend the Brazilian Civil Aviation Regulation (“RBAC”) n. 145, entitled “Aeronautical Product Maintenance Organizations”, which aims to reduce the bureaucratic burden and increase effectiveness with regard to certification requirements for aeronautical product maintenance organizations.
The matter addressed in Public Consultation n. 15/2020 is part of ANAC’s Regulatory Agenda for 2019-220 and will be the subject of an online session hosted by ANAC. The event is scheduled for July 31, 2020 and will be broadcast on ANAC’s Youtube channel via the link https://youtu.be/8S0FRLWLTuY.
The approval of the amendment in question will bring several impacts to the aviation market in Brazil, among which we highlight:
- Removal of obsolete deadlines related to the applicability of RBAC 145;
- Removal of the need to register the Operational Safety Management System Manager (“SGSO Manager”) with ANAC;
- Definition of the term “directly responsible” for correct understanding within the civil aviation system;
- Removal of the need for explicit authorization to perform line maintenance on operators 121 and 135, removing unnecessary redundancies from requirements on line maintenance;
- Removal of bureaucracy related to the memorandum of association because it is out of tune with international practices and because it is possible to confirm the type of activity intended by means of on-site document analysis;
- Unification of the terms “approved” and “accepted” to just “accepted” for all manuals required by RBAC 145, avoiding that ANAC issues “approvals” of “accepted” document chapters or separate paragraphs of acceptance and approval, in the same letter, when in practice it concerns the same procedure;
- Preventing cancellation of the Maintenance Organization Certificate (“COM”) in situations where the action may prejudice ANAC sanctioning processes;
- Clarification of the wording that deals with the deadline for the application for renewal of the COM certificate;
- Issue of digital certificates through a computerized system, adapting to the new information technology practices, for the specific case of the need to physically return certificates once they are invalidated;
- Possibility of COM cancellation by ANAC; and
- Adapting the deadlines for operationalizing the OSMS for new entrants to reflect phased implementation.
The full text of the draft amendment to RBAC nº145, as well as the manifestation forms are available on ANAC’s website and can be accessed on the Public Consultations page, through the link: https://www.anac.gov.br/participacao-social/consultas-publicas/consultas-publicas-em-andamento/consulta-publica. Contributions can be made until August 27, 2020.
The Aeronautical Law team at DDSA – De Luca, Derenusson, Schuttoff & Advogados will continue to monitor the progress of Public Consultation n. 15/2020 and to update our customers and partners on this subject.