Prepared byEng. Ismail Ibrahim Mohamed

Airworthiness Inspector

(نن نننن نن نننن نننن نن نننن ننننن نننن نن ننننن نننننن ننننى

ننن نننن نننننن

1.1 General Definitions Accident. An occurrence associated with the operation of an aircraft

which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:

(a) A person is fatally or seriously injured as a result of:Being in the aircraft; Direct contact with any part of the aircraft, including parts

which have become detached from the aircraft; orDirect exposure to jet blast, except when the injuries are

from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or

(b) The aircraft sustains damage or structural failure which:

Adversely affects the structural strength, performance or flight characteristics of the aircraft, and Would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tires, brakes, fairings, small dents or puncture holes in the aircraft skin; or

(c) The aircraft is missing or is completely inaccessible.Note 1: For statistical uniformity only, an injury resulting

in death within thirty days of the date of the accident is classified as a fatal injury.

Note 2: An aircraft is considered to be missing when the official search has been terminated and the wreckage has not been located

Aerial work. An aircraft operation in which an aircraft is used for

specialized services such as agriculture, construction, photography, surveying observation and patrol, search and rescue, aerial advertisement, etc.

▸ Aeroplane. ▸ A power-driven heavier-than-air aircraft, deriving its

lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.

▸ Aircraft - category.▸ Classification of aircraft according to specified basic

characteristics, e.g. aeroplane, helicopter, glider, free balloon.

▸ Air Carrier▸ means any person who undertakes to engage in

commercial air transportation in scheduled and/ or unscheduled service over domestic routes. International routes, or a combination thereof.

▸ Air carrier operating certificate ▸ means a document issued by the ECAA certifying that

the applicant has been found to be properly and adequately equipped and capable of conducting a safe operation under the Egyptian Civil Aviation Supervisory Regulations

▸ Air operator certificate (AOC).▸ A certificate authorizing an operator to carry out

specified commercial air transport operations.

▸ Airborne collision avoidance system (ACAS). An aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders.

▸ Aircraft. ▸ Any machine that can derive support in the

atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.

▸ Aircraft engine ▸ means an engine that is used or intended to be used

for propelling aircraft. It includes turbo superchargers, appurtenances, and accessories necessary for its functioning.

▸ Aircraft flight manual ▸ means a document containing the limitations,

procedures, information, and data including approved information pertaining to each aircraft of an approved design and models thereof pertinent to the safe operation of that particular aircraft.

▸ Aircraft operating manual.▸ A manual, acceptable to the State of the Operator,

containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the aircraft systems and other material relevant to the operation of the aircraft.

▸ Airframe ▸ means the fuselage, booms, nacelles, cowlings,

fairing, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of engines), and landing gear of an aircraft and their accessories and controls.

▸ Airman ▸ means any person who serves in the capacity of

pilot in command, or as other pilot, flight engineer, or as other member of the flight crew each having assigned duties to perform aboard that aircraft for its safe operation during flight time: and any person who serves in the capacity of a mechanic performing or supervising the inspection, maintenance, repair or overhaul of aircraft, aircraft engines, aircraft propellers, or aircraft appliances, and any other person who serves in the capacity of a flight instructor, an aircraft dispatcher, or a repairman, performing duties under the provisions and requirements of these regulations.

▸ Airman certificate▸ means a document issued by the Chairman of the

Civil Aviation Supervisory Authority certifying that he has found the applicant qualified under the Civil Aviation Regulations governing the capacity in which the certificate authorizes the holder to act as an airman.

▸ Approved, ▸ unless used with reference to another person, means

approved by the Egyptian Civil Aviation Authority.

▸ Approved design ▸ means a design that meets the specifications,

drawings, reports, and documentary evidence for aircraft engines, propellers, appliances, or parts that comply with applicable airworthiness requirements of the State of Manufacture, or other state which has accepted the approved design and has issued Airworthiness Certification Requirements covering that approved design.

▸ Approved maintenance organization.▸ An organization approved by a Contracting State, in

accordance with the requirements of Annex 6, Part I, Chapter 8 - Aeroplane Maintenance, to perform maintenance of aircraft or parts thereof and operating under supervision approved by that State.

▸ Apron.▸ A defined area, on a land aerodrome, intended to

accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance. as prescribed by the Civil Aviation Regulations.

▸ Balloon. ▸ A non-power-driven lighter-than-air aircraft.

Category: Categories of precision approach and landing operations:

Category I (CAT I) operation. A precision instrument approach and landing with a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550m.

Category II (CAT II) operation. A precision instrument approach and landing with a decision height lower than 60 m (200 ft), but not lower than 30 m (100 ft), and a runway visual range not less than 350 m.

Category IIIA (CAT IIIA) operation. A precision instrument approach and landing with:A decision height lower than 30 m (100 ft) or no decision

height; and A runway visual range not less than 200 m.

Category: Categories of precision approach and landing operations (cont.):

Category IIIB (CAT IIIB) operation. A precision instrument approach and landing with:

A decision height lower than 15 m (50 ft) or no decision height; and A runway visual range less than 200 m but not less than 50 m.

Category IIIC (CAT IIIC) operation. A precision instrument approach and landing with no decision height and no runway visual range limitations.

Category with respect to transport category rotorcraft: (a) Category A , means multiengine rotorcraft

designed with engine and system isolation features specified in Part 29 and utilizing scheduled takeoff and landing operations under a critical engine failure concept which assures adequate designated surface area and adequate performance capability for continued safe flight in the event of engine failure.

(b) Category B, means single-engine or multiengine rotorcraft which do not fully meet all Category A standards. Category B rotorcraft have no guaranteed stay-up ability in the event of engine failure and unscheduled landing is assumed.

▸ Certificate of airworthiness▸ means the same as a Certificate of Fitness for Flight,

and indicates the issuing authority has determined the aircraft meets all requirements for certification at date of issue.

▸ Certificated: ▸ unless used with reference to another person, means

certificated and/or validated by the Egyptian Civil Aviation Authority

▸ Certify as airworthy (to). ▸ To certify that an aircraft or parts thereof comply with

current airworthiness requirements after maintenance has been performed on the aircraft or parts thereof.

▸ Commercial air transport operation. ▸ An aircraft operation involving the transport of

passengers, cargo or mail for remuneration or hire.

▸ Commercial air transportation ▸ means the operation of Egyptian registered aircraft for

the purpose of the carriage of persons or property for compensation or hire.

▸ Configuration deviation list (CDL). ▸ A list established by the organization responsible for

the type design with the approval of the State of Design which identifies any external parts of an aircraft type which may be missing at the commencement of a flight, and which contains, where necessary, any information on associated operating limitations and performance correction.

▸ Critical engine ▸ means the engine whose failure would most adversely

affect the performance or handling qualities of an aircraft.

▸ Dangerous goods. ▸ Articles or substances which are capable of posing a

risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions.

Emergency locator transmitter (ELT). A generic term describing equipment which

broadcast distinctive signals on designated frequencies and, depending on application, may be automatically activated by impact or be manually activated. An ELT may be any of the following:

Automatic fixed ELT (ELT(AF)). An automatically activated ELT which is permanently attached to an aircraft.

Emergency locator transmitter (ELT) (cont.).Automatic portable ELT (ELT(AP)). An

automatically activated ELT which is rigidly attached to an aircraft but readily removable from the aircraft.

Automatic deployable ELT (ELT(AD)). An ELT which is rigidly attached to an aircraft and which is automatically deployed and activated by impact, and, in some cases, also by hydrostatic sensors. Manual deployment is also provided.

▸ Extended over water operation▸ means with respect to aircraft, other than helicopters,

an operation over water at a horizontal distance of more than 100 nautical miles or more than 30 minutes flying time up to 100 nautical miles from the nearest shoreline, whichever is less.

▸ Exemption. ▸ An authorization issued by the Minister of Egyptian

Civil Aviation providing relief from the provisions of this ECAR.

▸ Flame resistant ▸ means not susceptible to combustion to the point of

propagating a flame, beyond safe limits, after the ignition source is removed.

▸ Flash resistant ▸ means not susceptible to burning violently when

ignited.

▸ Flight time - aeroplanes. ▸ The total time from the moment an aeroplane first

moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight.

▸ Flight time - helicopters.▸ The total time from the moment a helicopter’s rotor

blades start turning until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped.

▸ Flight time ▸ means the time from the moment the aircraft first

moves for the purpose of flight until the moment it comes to rest at the next point of landing commonly called "block-to-block" time.

▸ Glider. ▸ A non-power-driven heavier-than-air aircraft, deriving

its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.

▸ Helicopter. ▸ A heavier-than-air aircraft supported in flight chiefly

by the reactions of the air on one or more power-driven rotors on substantially vertical axes.

▸ IFR (Instrument flight rules) operation▸ means flight in reference to the rules which apply

when weather conditions are less than the established visibility and ceiling minimum required for flight when visual reference to the earth is possible.

▸ Incident ▸ means any occurrence, other than an accident, and any

other occurrence or event that in the opinion of the ECAA, the aircraft operator, or the pilot endangered or may endanger the safe operation of an aircraft. These incidents are reportable. Such reports are in addition to other deficiency and discrepancy reports otherwise specially required by these regulations.

▸ Inoperative▸ means a condition in which equipment is

malfunctioning to the event that it does not accomplish its intended purpose or is not consistently functioning within its design operating limits or tolerances.

▸ Large aircraft▸ means aircraft of more than 12,500 pounds (5,700

kg) maximum certificated gross weight.

▸ Lighter-than-air aircraft▸ means aircraft that can rise and remain suspended by

using contained gas weighing less than the air that is displaced by the gas.

▸ Licensing Authority. ▸ The Authority designated by a Contracting State as

responsible for the licensing of personnel.

▸ Maintenance organization’s procedures manual.▸ A document endorsed by the head of the maintenance

organization which details the maintenance organization’s structure and management responsibilities, scope of work, description of facilities, maintenance procedures and quality assurance or inspection systems.

▸ Maintenance programme. ▸ A document which describes the specific scheduled

maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies.

▸ Maintenance release.▸ A document which contains a certification confirming

that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organization’s procedures manual or under an equivalent system.

▸ Maintenance. ▸ The performance of tasks required to ensure the

continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification, and the embodiment of a modification or repair.

▸ Master minimum equipment list (MMEL).▸ A list established for a particular aircraft type by the

organization responsible for the type design with the approval of the State of Design containing items, one or more of which is permitted to be unserviceable at the commencement of a flight. The MMEL may be associated with special operating conditions, limitations or procedures.

▸ Maximum mass. ▸ Maximum certificated take-off mass.

▸ Minimum equipment list (MEL). ▸ A list which provides for the operation of aircraft,

subject to specified conditions, with particular equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the MMEL established for the aircraft type.

▸ Minor alteration ▸ means an alteration other than a major alteration.

▸ Minor repair ▸ means a repair other than a major repair.

▸ Mode S subnetwork. ▸ A means of performing an interchange of digital data

through the use of secondary surveillance radar (SSR) Mode S interrogators and transponders in accordance with defined protocols.

▸ Person ▸ means any individual, firm, partnership, corporation,

company, association, joint-stock association or political body and includes trustee, receiver, assignee or other representative thereof.

▸ Practical test ▸ means a test on the areas of operations for an airman

license, rating, or authorization that is conducted by having the applicant respond to questions and demonstrate maneuvers in flight, in a flight simulator, or in a flight training device.

▸ Propeller ▸ means a device for propelling an aircraft that has an

engine-driven shaft and that, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation. It includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engines.

▸ Rating ▸ means a statement that, as part of a certificate, sets

forth-special conditions, privileges, or limitation. ▸ Rating.▸ An authorization entered on or associated with a

licence and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence.

▸ Repair. ▸ The restoration of an aeronautical product to an

airworthy condition to ensure that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements used for the issuance of the type certificate for the respective aircraft type, after it has been damaged or subjected to wear.

▸ RNP type. ▸ A containment value expressed as a distance in

nautical miles from the intended position within which flights would be for at least 95 percent of the total flying time. Example.- RNP 4 represents a navigation accuracy of plus or minus 7.4 km (4 NM) on a 95 per cent containment basis.

▸ Rotorcraft ▸ means a heavier-than-air aircraft that depends

principally for its support in flight on the lift generated by one or more rotors.

▸ Safety and Quality Assurance Management System (SQAMS)

▸ is an explicit element of the corporate management responsibility that sets out a certificate holder's safety and quality assurance policies and defines how it intends to manage them as an integral part of its overall business.

▸ Sign a maintenance release (to). ▸ To certify that maintenance work has been completed

satisfactorily in accordance with the applicable Standards of airworthiness, by issuing the maintenance release referred to in Annex 6.

▸ Small aircraft ▸ means aircraft of 12,500 pounds (5,700 kg) or less

maximum certificated gross weight.

▸ State aircraft▸ means aircraft used exclusively in the service of the

state, military, and police, in accordance with special agreement between ECAA and appropriate State, military, or police authority.

▸ State of Design. ▸ The State having jurisdiction over the organization

responsible for the type design.

▸ State of Manufacture. ▸ The State having jurisdiction over the organization

responsible for the final assembly of the aircraft.

▸ State of Registry. ▸ The State on whose register the aircraft is entered.

▸ State of the Operator. ▸ The State in which the operator’s principal place of

business is located or, if there is no such place of business, the operator’s permanent residence.

▸ Time in service with respect to maintenance time records

▸ means the time from the moment an aircraft leaves the surface of the earth until it touches it at the next point of landing.

▸ Training center▸ means an organization governed by the applicable

requirements of Parts 141, 142, and 147 that provides training, testing, and checking under contract or other arrangement to certificate holders subject to the requirements of the ECARs.

▸ VFR (visual flight rules) ▸ means flight in reference to the rules, which apply

when weather conditions are equal to or better than the established visibility, distance from cloud, and ceiling minimums.

▸ 1.3 Abbreviations and symbols▸ ECAA means Egyptian Civil Aviation

Authority.

1.4 Rules of construction.(a) In all ECAR Parts, unless the context

requires otherwise:(1) Words importing the singular include

the plural;(2) Words importing the plural include the

singular; and(3) Words importing the masculine gender

include the feminine.

(b) In all ECAR Parts, the word:(1) "Shall" or “Must” or (ننن) are considered mandatory

as of the date of effectiveness of the revised Parts;(2) In the event of non compliance with a requirement

of the revised Parts that include the operative verb "should” or any other words, the applicant or certificate holder shall submit a relevant compliance plan with all those requirements, at the date of effectiveness of the revised Parts to be reviewed and approved by ECAA prior to certification or renewal of certification;

The words "no person may * * *" or "a person may not * * " mean that no person is required, authorized, or permitted to do the act prescribed; and

"Includes" means "includes but is not limited to".

SUBPART A General11.1 ApplicabilityThis Part applies to the issue, amendment, and repeal of:a) Rules and regulations for airspace assignment and use

issued under Egyptian Civil Aviation law 28 issued on 1981; b) Other substantive rules, including those applicable to a

class of persons, and those addressed to and served on named persons whenever the ECAA decides to use public rulemaking procedures in such a case;

c) Each Egyptian Civil Aviation Regulation (ECAR) Part will only contain requirements. When appendices to requirements are used they also have the same status as the requirement with which they are associated.

11.1 Applicability (cont.)d) Each Part includes the scope of applicability and

dates of affectivity of the ECAR and allow for a transition period and if it is to be permitted that an exemption and /or waiver may be granted from any provision of a ECAR, the ECAR Part or Subpart will include a provision which allows for the possible waivers and / or exemptions and their associated equivalent safety conditions.

e) The detailed minimum Standards for training, examination and inspection for the application of different ECARs are included in corresponding separate Egyptian Civil Aviation Standards Handbooks and are referred to in the pertinent ECAR Parts.

11.1 Applicability (cont.)f) Egyptian Civil Aviation Advisory Circulars referred to in

some ECAR Parts are means of compliance and interpretative and explanatory material and not the only means to implement the pertinent regulations.

g) In some circumstances, the uniform application of a particular standard or procedure may not be possible or necessary. Such a standard or procedure will be phrased using words or expressions such as: “should”, “may”, “if practicable”, “where physically practicable”, “where determined necessary” or similar words or expressions. Whilst such phrases may imply compliance is not mandatory, certificate holders need to provide justification for non compliance or a relevant plan for compliance and the final authority as to the applicability of the standard to a particular certificate holder facility or procedure rests with the Egyptian Civil Aviation Authority

11.3 RecordsOfficial ECAA records relating to rulemaking actions

11.5 Delegation of authority(a) All officials, with regulatory issuance

authority, may exercise the authority of the ECAA to make certifications, findings and determinations with regard to any rulemaking document for which issuance authority is delegated by other sections in this Part.

(b) The HECAA is delegated the authority to issue any new regulation that is in the public interest without notice.

11.9 Direct final ruleWhenever the ECAA anticipates that a proposed

regulation is unlikely to result in adverse comment, it may choose to issue a direct final rule. The direct final rule will advise the public that no adverse or negative comments are anticipated, and that unless a written adverse or negative comment, or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified in the direct final rule. If no written adverse or negative comment, or notice or intent to submit such a comment is received within the comment period, the direct final rule will become effective on the date indicated in the direct final rule.

▸ The ECAA will publish a document indicating that no adverse or negative comments were received and confirming the date on which the final rules will become effective. If the ECAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published, and a notice of proposed rulemaking may be published with a new comment period. Normal procedures for the agency's receipt and consideration of comments will then apply.

-

ECAA issues direct final rule

no adverse or negative comments

adverse or negative comments

Comment period for public

ECAA publish

document and rule effective

ECAA Withdrawing and reissue

SUBPART B Rules other than Airspace Assignment and Use

11.11 Scope(a) This subpart applies to substantive rules, other than

those relating to airspace assignment and use.(b) Unless the ECAA, for good cause, finds that notice is

impracticable, unnecessary, or contrary to the public interest, and incorporates that finding and a brief statement of the reasons for it in the rule, the ECAA issues notices of proposed rulemaking and allows interested persons to participate in rulemaking proceedings involving a substantive rule.

(c) Unless the ECAA determines that notice and rulemaking procedures are to be followed, interpretive rules, general statements of policy, and rules of ECAA organization, procedure, or practice are prescribed as final without notice or rulemaking procedures.

11.13 Initiating rulemaking proceduresThe ECAA initiates rulemaking procedures upon its own

motion, however, in doing so, he considers the recommendations of other agencies of Egypt and the petitions of other interested persons.

11.15 Petitions for rulemaking or exemptions(a) Any interested person may petition the ECAA

to issue, amend, or repeal a rule whether or not it is a substantive rule within the meaning of this Part, or for a temporary or permanent exemption from any rule issued by the ECAA under statutory authority.

(b) Each petition filed under this section must:(1) In the case of a petition for exemption, unless

good cause is shown in that petition, be submitted at least 120 days before the proposed effective date of the exemption;

11.15 Petitions for rulemaking or exemptions (cont.) (2) Be submitted in duplicate to the ECAA General

Manager of Regulations, in the case of any petition for exemption from:

(i) A rule; or(ii) Airworthiness directive.(3) Set forth the text or substance of the rule or

amendment proposed, or of the rule or statute from which the exemption is sought, or specify the rule that the petitioner seeks to request including, in the case of a petition for an exemption, the nature and extent of the relief sought and a description of each aircraft or person to be covered by the exemption;

11.15 Petitions for rulemaking or exemptions (cont.)

(4) Contain any information, views, or arguments available to the petitioner to support the action sought, the reasons why the granting of the request would be in the public interest and, if appropriate, in the case of an exemption, the reason why the exemption would not adversely affect safety or the action to be taken by the petitioner to provide a level of safety equal to that provided by the rule from which the exemption is sought:

11.15 Petitions for rulemaking or exemptions (cont.) (i) In the case of a unit of governmental unit that is

applying for an exemption from any requirement, that would otherwise be applicable to current or future aircraft of such unit of government as a result of the statutory change, the petition for exemption must contain any information, views, analysis, or arguments available to the petitioner to show that:

(A) The exemption is necessary to prevent an undue economic burden on the unit of government; and

(B) The aviation safety program of the unit of government is effective and appropriate to ensure safe operations of the type of aircraft operated by the unit of government.

(ii) The authority of the Minister of the Civil Aviation, to grant exemptions to investors may be delegated to the HECAA.

11.15 Petitions for rulemaking or exemptions (cont.)

(c) A petition for rulemaking filed under this section must contain a summary, which includes:

(1) A brief description of the general nature of the rule requested; and

(2) A brief description of the pertinent reasons presented in the petition for instituting rulemaking procedures.

(d) A petition for exemption filed under this section must contain a summary, which includes:

(1) A citation of each rule from which relief is requested; and

(2) A brief description of the general nature of the relief requested.

11.17 Action on petitions for rulemaking or exemptions

(a) General: Except for the publication and comment procedures provided for in this section, no public hearing, argument, or other formal proceeding is held directly on a petition, filed under 11.19, before its disposition by the ECAA.

(b) Publication of summary of petition for rulemaking: After receipt of a petition for rulemaking, except as otherwise provided in paragraph (i) of this section, the ECAA publishes a summary of the petition, which includes:

11.17 Action on petitions for rulemaking or exemptions (cont.)

(1) The record number of the petition;(2) The name of the petitioner;(3) A brief description of the general nature of the rule

requested;(4) A brief description of the pertinent reasons presented

in the petition for instituting rulemaking procedures; and(5) In appropriate situations, a list of questions to assist

the ECAA in obtaining comment on the petition. Comments on the petition for rulemaking must be filed, in triplicate, within 60 days after the summary is published unless the ECAA, for good cause, finds a different time period appropriate. Timely comments received will be considered by the ECAA before taking action on the petition.

11.17 Action on petitions for rulemaking or exemptions (cont.)

(c) Publication of summary of petition for exemption: After receipt of a petition for exemption, except as otherwise provided in paragraphs (i) and (j) of this section, the ECAA publishes a summary of the petition, which includes:

(1) The record number of the petition;(2) The name of the petitioner;(3) A citation of each rule from which relief is requested; and(4) A brief description of the general nature of the relief

requested: Comments on the petition for exemption must be filed, in triplicate, within 20 days after the summary is published unless the ECAA, for good cause, finds a different time period appropriate. Timely comments received will be considered by the ECAA before taking action on the petition.

11.17 Action on petitions for rulemaking or exemptions (cont.)

(d) Instituting rulemaking procedures based on a petition: If the ECAA determines, after consideration of any comments received in response to a summary of a petition for rulemaking, that the petition discloses adequate reasons, the ECAA institutes rulemaking procedures.

11.17 Action on petitions for rulemaking or exemptions (cont.)

(e) Grant of petition for exemption summary: If the ECAA determines, after consideration of any comments received in response to a summary of a petition for exemption, that the petition is in the public interest, the ECAA grants the exemption and, except as otherwise provided in paragraph (i) of this section, the ECAA publishes a summary of the grant of the petition for exemption. A summary of a grant of a petition for exemption includes:

(1) The record number of the petition;(2) The name of the petitioner;(3) A citation of each rule from which relief is requested;(4) A brief description of the general nature of the relief

granted; and(5) The disposition of the petition.

11.17 Action on petitions for rulemaking or exemptions (cont.)

(f) Denial of petition for rulemaking: If the ECAA determines, after consideration of any comments received in response to a summary of a petition for rulemaking, that the petition does not justify instituting rulemaking procedures, the ECAA notifies the petitioner to that effect. Except as otherwise provided in paragraph (i) of this section, the ECAA publishes a summary of the denial of the petition for rulemaking in accordance with paragraph (h) of this section.

(g) Denial of petition for exemption: If the ECAA determines, after consideration of any comments received in response to a summary of a petition for exemption, that the petition does not justify granting the requested exemption, the ECAA notifies the petitioner to that effect. Except as otherwise provided in paragraph (i) of this section, the ECAA publishes a summary of the denial of the petition for exemption in accordance with paragraph (h) of this section.

11.17 Action on petitions for rulemaking or exemptions (cont.)

(h) Summary of denial of petition for rulemaking or exemption: A summary of a denial of a petition for rulemaking or exemption includes:

(1) The record number of the petition;(2) The name of the petitioner;(3) In the case of a denial of a petition for exemption, a citation

of each rule from which relief is requested;(4) A brief description of the general nature of the rule or relief

requested; and(5) The disposition of the petition.(i)General exceptions: The publication and comment procedures

of Paragraphs (b) through (h) of this section do not apply to petitions for exemptions from the requirements of Part 67.

11.17 Action on petitions for rulemaking or exemptions (cont.)

(j) Exceptions to publication of summary of petition for exemption: The publication and comment procedures of paragraph (c) of this section do not apply to the following:

(1) To petitions for emergency exemptions;(2) Whenever the ECAA, finds for good cause shown in a petition

for exemption that action on the petition should not be delayed by the publication and comment procedures. Factors that may be considered in determining whether good cause exists, include:

(i) Whether a grant of exemption would set a precedent or whether the petition for exemption and the reasons presented in it are identical to exemptions previously granted;

(ii) Whether the delay in acting on the petition for exemption that would result from publication would be detrimental to the petitioner; and

(iii) Whether petitioner acted in a timely manner in filing the petition for exemption.

11.17 Action on petitions for rulemaking or exemptions (cont.)

(k) Status of petition for rulemaking: Within 120 days after publication of a summary of petition for rulemaking and every 120 days thereafter, unless sooner denied or issued as a notice of proposed rulemaking under 11.21, the ECAA shall advise petitioner in writing of the status of the petition.

11.21 Action on special conditions(a) Each general notice of proposed rulemaking is published,

unless all persons subject to it are named and are personally served with a copy of it.

(b) Each notice, whether published or personally served, includes:

(1) A statement of the time, place, and nature of the proposed rulemaking proceeding;

(2) A reference to the authority under which it is issued;(3) A description of the subjects and issues involved or the

substance and terms of the proposed rule;(4) A statement of the time within which written comments

must be submitted and the required number of copies; and(5) A statement of how and to what extent interested

persons may participate in the proceedings, as prescribed by paragraphs 11.23 and 11.25.

11.21 Action on special conditions (cont) (c) A petition for extension of the time for

comments must be submitted in duplicate not later than two days before expiration of the time stated in the notice. The filing of the petition does not automatically extend the time for petitioner's comments. Such a petition is granted only if the petitioner shows a substantive interest in the proposed rule and good cause for the extension, and if the extension is consistent with the public interest. If an extension is granted it is published.

11.23 Participation of interested persons in rulemaking procedures

(a) Each interested person is entitled to participate in rulemaking proceedings by submitting written information, views, or arguments. In addition, he may comment on the original information, views, and arguments submitted by other persons, if, after receiving them, the ECAA considers it desirable.

(b) In any appropriate case, the ECAA also allows interested persons to participate in the rulemaking procedures described in 11.25.

11.25 Additional rulemaking proceedings(a) The rulemaking procedure also includes any further

procedural steps that best serve the purposes of a particular proceeding. For example, interested persons may be allowed to make oral arguments, participate in conferences between the ECAA or its representative and interested persons and organizations, appear at informal hearings presided over by a designated ECAA official or participate in any other procedure whenever it is desirable and appropriate to assure informed administrative action and adequate protection of private interests.

(b) Any appropriate combination of the procedures described in paragraph (a) of this section may be used in addition to the basic procedure of allowing interested persons to participate in rulemaking proceedings by submitting written information, views, or arguments.

11.29 Requests for informal appearances(a) Upon his request, any interested person

may appear informally before an appropriate official of the ECAA to present, adjust, or determine a question or controversy relating to a rulemaking function of the ECAA.

(b) A request for an appearance under this section must be sent in writing to the ECAA.

11.31 Reconsideration of a denial or grant of exemption

(a) Except as provided in paragraph (c) of this section, if a petition for exemption is denied, the petitioner may file a petition for reconsideration with the ECAA. The petition must be filed, in duplicate, within 30 days after the petitioner is notified of the denial of the exemption.

(b) If a petition for exemption is granted, a person other than the initial petitioner may file a petition for reconsideration with the ECAA. The petition must be filed, in duplicate, within 45 days after the grant of exemption is issued.

11.31 Reconsideration of a denial or grant of exemption (cont.)

(c) If a petition for exemption from the requirements of Part 67 is denied, the petitioner may file a petition for reconsideration with the ECAA Medical Evaluators. The petition must be filed in duplicate, within 30 days after the petitioner is notified of the denial of the exemption. However, if the final action on the initial petition was by the ECAA, the ECAA Medical Evaluators shall reconsider it and make recommendations to the ECAA for final action.

11.31 Reconsideration of a denial or grant of exemption (cont.)

(d) A petition for reconsideration under this section must be based on the existence of one or more of the following:

(1) A finding of a material fact that is erroneous;(2) A necessary legal conclusion that is without

governing precedent or is a departure from or contrary to law, ECAA rules, or precedent;

(3) An additional fact relevant to the decision that was not presented in the initial petition for exemption: In order for a petition under paragraph (a) or (c) of this section to be based on this ground, the petition for reconsideration must state the reason the additional fact was not presented in the initial petition.

13.1 Reports of violations(a) Any person who knows of a violation of the

Egyptian Civil Aviation Law number 28, of 1981, as amended, or any rule, regulation, or order issued there under, should report it to appropriate personnel of any ECAA office.

(b) Each report made under this section, together with any other information the ECAA may have that is relevant to the matter reported, will be reviewed by ECAA personnel to determine the nature and type of any additional investigation or enforcement action the ECAA will take.

13.3 Investigations (general)a) The ECAA may conduct investigations, hold hearings,

issue subpoenas, require the production of relevant documents, records, and property, and take evidence and depositions.

b) ‘Enforcement action’ is action taken by ECAA :(1) When it detects a breach of the Civil Aviation Law,

civil aviation regulations or of other instruments made under the Law and regulations (the aviation law) with which compliance is compulsory

(2) For the purpose of securing compliance with the civil aviation law

(3) Which is not an audit-related action (such as the issue of an Recommendations or post-audit interview).

13.3 Investigations (general) (cont)c) Breaches of the aviation law may occur for many different

reasons, from a genuine misunderstanding of that law, to a blatant disregard for aviation safety. ECAA has a range of enforcement tools in order to effectively address its safety obligations under the Law in light of differing circumstances. These tools are:

1. Counseling2. Remedial training3. Enforceable voluntary undertakings4. Variation, suspension and cancellation of authorizations5. Infringement notices6. Recommending prosecution7. The demerit points scheme.

13.3 Investigations (general) (cont)d) It should also be noted that ECAA could require

the holder of a civil aviation authorization to undergo an examination to test competence or medical fitness. What generally happens in relation to an examination to test competence is that ECAA discovers a deficiency, which suggests that allowing the holder to continue to exercise the privileges of that authorization may constitute an unacceptable risk to air safety because the holder may not have the knowledge to be able to exercise those privileges without creating that unacceptable risk. An examination is called for in order to confirm or dispel that feeling

13.3 Investigations (general) (cont)e) Formal complaint against the violating person to

the Court shall be filed by the Minister of Civil Aviation

f) Each record, document and report that the ECARs requires to be maintained, exhibited or submitted to the ECAA may be used in any investigation conducted by the ECAA; and, except to the extent the use may be specifically limited or prohibited by the section which imposes the requirement, the records, documents and reports may be used in any civil penalty action, certificate action, or other legal proceeding.

13.5 Formal complaints(a) Any person may file a complaint to the

Chairman with respect to anything done or omitted to be done by any person in contravention of any provision of the Law or of any regulation, standards or procedures issued under it, as to matters within the jurisdiction of the Chairman. This section does not apply to complaints against the Chairman or employees of the ECAA acting within the scope of their employment.

13.5 Formal complaints (cont)(b) Complaints filed under this section must:(1) Be submitted in writing and identified as a complaint

filed for the purpose of seeking an appropriate order or other enforcement action;

(2) Be submitted to HECAA(3) Set forth the name and address, if known, of each person

who is the subject of the complaint and, with respect to each person, the specific provisions of the Law or regulation or order that the complainant believes were violated;

(4) Contain a concise but complete statement of the facts relied upon to substantiate each allegation;

(5) State the name, address and telephone number of the person filing the complaint; and

(6) Be signed by the person filing the complaint or a duly authorized representative.

13.5 Formal complaints (cont)(c) Complaints which do not meet the

requirements of paragraph (b) of this section will be considered reports under section 13.1.

(d) Complaints which meet the requirements of paragraph (b) of this section will be filed and a copy mailed to each person named in the complaint.

(e) The person named in the complaint shall file an answer within 20 days after service of a copy of the complaint.

(f) After the complaint has been answered or after the allotted time in which to file an answer has expired, the HECAA shall determine if there are reasonable grounds for investigating the complaint.

13.5 Formal complaints (cont)(g) If the HECAA determines that a complaint does

not state facts which warrant an investigation or action, the complaint may be dismissed without a hearing and the reason for the dismissal shall be given, in writing, to the person who filed the complaint and the person named in the complaint.

(h) If the HECAA determines that reasonable grounds exist, an investigation may be initiated. Each person named in the complaint shall be advised which official has been delegated the responsibility for conducting the investigation.

13.5 Formal complaints (cont)(i) If the investigation substantiates the

allegations set forth in the complaint, enforcement action may be taken in accordance with this Part.

(j) The complaint and other pleadings and official ECAA records relating to the disposition of the complaint are maintained at the ECAA main offices. Any interested person may examine that material at that office, except material that is ordered withheld from the public under applicable law or regulations, and may obtain a photostatic or duplicate copy upon paying the cost of the copy.

13.7 Investigation and enforcement(a) If, as a result of an inspection or other investigation

made by the ECAA or his representatives, authorized by the Civil Aviation Law, the ECAA determines that the public interest and safety in aviation requires it, the ECAA may issue an order amending, suspending, or revoking, all or part of any type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, maintenance organization approval, air navigation facility certificate, air traffic control certificate, airport operating certificate, air agency certificate or any other authority, agreement or approval issued by ECAA.

(b) Before issuing an order under paragraph (a) of this section, the ECAA advises the certificate holder of the charges or other reasons upon which the ECAA bases the proposed action and, except in an emergency, allows the holder to answer any charges and to be heard as to why the certificate should not be amended, suspended, or revoked. The holder may elect to:

(1) Admit the charges and surrender his or her certificate;

(2) Answer the charges in writing; or(3) Request an opportunity to be heard in an

informal conference with the HECAA.

13.7 Investigation and enforcement (cont)(c) Any person whose certificate is affected by an order

issued under this section may appeal to the Minister of Civil Aviation. If the certificate holder files an appeal with the Minister, the ECAA's order is stayed unless the ECAA advises the Minister that an emergency exists and safety in aviation requires that the order become effective immediately. If the Minister is so advised, the order remains effective and the Minister shall finally dispose of the appeal within 60 days after the date of the advice.

(d) This paragraph does not apply to any person whose airman certificate, flight permit, certificate of aircraft registration or certificate of airworthiness is affected by an order issued under this section.

13.8 Penalties and sanctionsa) The penalties and sanctions in this Part are prescribed either by

the Civil Aviation Law or by orders issued by the Minister of Civil Aviation. These penalties and sanctions do not prejudice or limit other penalties and sanctions that may be issued by the Minister of Civil Aviation, the penal law, or any other Laws of the Arab Republic of Egypt.

b) Any person who knowingly commits an act in violation of the hazardous materials regulations or any rule, regulation, or order issued thereunder, is subject to a civil penalty. Civil penalty for a violation issued thereunder, will be issued only after consideration of:

1. The nature and circumstances of the violation; 2. The extent and gravity of the violation; 3. The person's degree of culpability; 4. The person's history of prior violations; 5. The person's ability to pay the civil penalty; 6. The effect on the person's ability to continue in business; and 7. Such other matters as justice may require.

13.8 Penalties and sanctions (cont)c) Enforcement decisions are proportional responses to the

identified breaches and the safety risk they give rise to. In particular:

1. ECAA’s first priority is to protect the safety of fare-paying passengers

2. ECAA will take strong action against those who consistently and deliberately operate outside the civil aviation law

3. ECAA will seek to educate and promote training or supervision of those who evidence a lack of proficiency but a willingness to comply with the civil aviation law

4. ECAA will prefer the use of infringement notices to licence action when dealing with private pilots who breach the law.

13.13 Consent orders(a) At any time before the issuance of an order under this Part, the

official who issued the notice and the person subject to the notice may agree to dispose of the case by the issuance of a consent order by the official.

(b) A proposal for a consent order, submitted to the official who issued the notice, under this section must include:

(1) A proposed order; (2) An admission of all jurisdictional facts; (3) An express waiver of the right to further procedural steps and of all

rights to judicial review; and (4) An incorporation by reference of the notice and an acknowledgment

that the notice may be used to construe the terms of the order. (c) If the issuance of a consent order has been agreed upon after the

filing of a request for hearing, the proposal for a consent order shall include a request to be filed for withdrawing the hearing and requesting that the case be dismissed.