The use of WebOPSS to update and reissue a Part 137 operator’s LOA A003 has caused confusion with some ASIs, who have mistakenly concluded that Part 137 operators need to fulfill various OpSpecs requirements. As a consequence, NAAA has fielded numerous calls from operators who have had an ASI insisting an aircraft be inspected or ownership of it proven before it can be added to their LOA A003.
Recent FAA guidance has clarified, in summary:
- Notify your FSDO when you add an aircraft to your operation; they must add the aircraft to your LOA A003 and re-issue the updated form to you.
- You are not subject to the requirements of OpSpecs.
- You do not have to have an aircraft inspected before it is added to your LOA A003.
- You do not need to provide proof of ownership, lease or any other agreement of use for your Part 137 operation’s aircraft.
What are OpSpecs?
14 CFR Part 119 prescribes the regulatory framework for commercial operating certificates. However, §119.1 defines its applicability primarily to Part 121 (airlines) and 135 (air taxi) operations. Part 137 Operations are specifically excluded (see §119.1(d)).
Each certificate holder subject to Part 119 must have Operations Specifications (OpSpecs) in accordance with §119.7 which contain (1) The authorizations, limitations and certain procedures under which each kind of operation, if applicable, is to be conducted; and (2) Certain other procedures under which each class and size of aircraft is to be operated.
A History of Confusion for “Part 137 OpSpecs”
In the aftermath of the 9/11 terror attacks, Congress mandated the FAA to develop a system to track all Part 137 operators and aircraft in the interest of national security. The FAA already had a nationwide database in use to track operations subject to OpSpecs. FAA elected to extend the use of this database to other purposes, such as tracking Part 137 operators and letters of authorization for certain activities. This database, the Operations Safety System (OPSS) eventually evolved into WebOPSS which is still in use today.
The use of WebOPSS, once known internally as “the OpSpecs database,” for Part 137 letters of authorization (LOA) became the source of widespread confusion. Aviation safety inspectors (ASI) were accustomed to referring to any information in this database as “OpSpecs,” and since much of the user interface looked the same, they starting processing them as such.
This led to ASIs requesting Part 137 operators to sign OpSpecs documents, and erroneously requiring them to submit to aircraft inspections and demonstrate aircraft ownership prior to adding those aircraft to their LOA A003.
Contributing to the confusion were several iterations of poorly worded guidance in FSIMS, (formerly referred to as the Inspector’s Handbook) which left open to interpretation the applicability of OpSpecs for Part 137 operators.
Thankfully, today, the ASI guidance in FSIMS is much clearer on the fact that Part 137 operations are not subject to the requirements of OpSpecs.
Guidance in FSIMS
The Flights Standards Informational Management System (FSIMS) is an electronic documentation system adopted by FAA to replace the legacy ”inspector’s handbook” and is comprised of approximately 8,000 pages of non-regulatory guidance and policy essential to the Aviation Safety Inspector (ASI).
The FSMIS Guidance for this topic can be found in FAA’s Dynamic Regulatory System (DRS) by navigating the drop-downs as indicated below:
- » Volume 3 – General Technical Administration
- »» Chapter 52 – Part 137 Agricultural Operations
- »»» Section 1 – Introduction to Part 137 Related Tasks
The direct link to Section 1 – Introduction to Part 137 Related Tasks is provided here, however, FAA has advised that DRS links are frequently subject to change. Thus, if the direct link doesn’t work, you can use the above provided navigation instructions. An excerpt from the relevant text from the guidance (CHG 825, dated 12/30/22) is below.
3-4227 WEB-BASED OPERATIONS SAFETY SYSTEM (WebOPSS). Aviation safety inspectors (ASI) should use WebOPSS to issue part 137 Letters of Authorization (LOA) to agricultural aircraft operators. These authorizations should be issued during initial certification and modified when an operator requests a change or a change is directed by the General Aviation and Commercial Division (AFS-800). There is no requirement for part 137 operators to hold digital signature capabilities. The principal inspector (PI) must digitally sign the WebOPSS authorizations and then request the operator’s signature. It is acceptable to send or receive these authorizations by fax or email for the operator’s signature.
NOTE: Part 137 WebOPSS authorizations are not subject to the requirements of 14 CFR part 119 for operations specifications (OpSpecs). ASIs should refer to these paragraphs as “part 137 authorizations,” not OpSpecs.
3-4228 ADDING OR REMOVING AN AIRCRAFT.
A. Operator Notification to the Federal Aviation Administration (FAA). Part 137 operators who have already been certificated should notify the responsible Flight Standards office whenever they add an aircraft to their operation. Before engaging in agricultural aircraft operations, operators should provide copies of the current registration and Airworthiness Certificates to the responsible Flight Standards office and request the aircraft be added to their LOA A003. UAS typically do not have an Airworthiness Certificate; therefore, operators of UAS are responsible to ensure that the aircraft is in a condition for safe operation in accordance with part 107 or their 49 U.S.C. § 44807 exemption.
B. Inspector Procedure. When informed by a part 137 operator of the addition (or removal) of an aircraft, inspectors will:
- Update and reissue LOA A003 in WebOPSS,
- Issue LOA A005 for exemption holders, and
- Update the operator’s enhanced Vital Information Database (eVID) Air Operator file.
C. Aircraft Inspection and Listing on LOA A003. The operator should request that the aircraft be added to LOA A003 before it is used in agricultural aircraft operations; however, there is no regulatory requirement for an aircraft to be inspected prior to it being listed on LOA A003. At a later agreed-upon time, an inspector from the responsible Flight Standards office may inspect the aircraft. A full conformity inspection is not required. Inspectors may always conduct an agricultural aircraft inspection in accordance with § 137.59. See Volume 6, Chapter 6.
D. Aircraft Ownership. There is no requirement for aircraft ownership interest under part 137. Section 137.19(d) is satisfied if a part 137 operator merely has use of at least one certificated and airworthy aircraft equipped for agricultural operation. The use of at least one aircraft includes ownership of the aircraft as well as any agreement for use of the aircraft, regardless of the period or the exclusive nature of the use.