1. Rom for bransjestandard?
(Need for an industrial standard?)
About regulatory authority, HOFO, industrial standards and safety
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

2. Background
EASA in the process of introducing new regulations for off shore helicopter operations (HOFO)
Residing marked
Pressure on cost reduction
Increased competition
Safety implications?
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

3. The EASA (HOFO) regulation Commission Regulation (EU) No 965/2012
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

4. The EASA rulemaking process
The Terms of Reference (ToR)
Regulatory Impact Assessment (RIA)
Rule making Task (RMT)
NPA Notice of Proposed Amendment
CRD EASA Comment-Response Document
Opinion and draft Commission Regulation
From EASA to the EU Commission for decision
Øivind Solberg, PhD Solberg Risk & Safety
Solakonferansen

5. EASA Notice of Proposed Amendment (NPA) 2013-10
Summary of the regulatory issues
The safety risks may increase due to uneven implementation of Commission Regulation (EU) 965/2012
Leading to an uneven playing field in relation to helicopter operations to offshore destinations.
The following items need to be considered to ensure a safe level playing field with proportionate common European requirements:
Common definitions for offshore operations, offshore location, and hostile environment;
Helideck landing and take-off PC-2 procedures; and
Harmonised requirements and means of oversight (specific approval).
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

6. Main risk factors (listed in NPA)
Single-load-path structure design
Failure of components or systems due to fatigue risk
Hostile environment
Insufficient authority oversight
Lack of contact with helicopters as they are outside radar
Insufficient human operational performance
Improper use of automatic flight control systems by crew
Insufficient/lack of procedures for offshore approaches
Insufficient offshore related training
Mid air collision
Controlled flight into the sea
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

7. Draft Commission Regulation 965/2012
SPA.HOFO.105 Approval for helicopter offshore operations
(a) Prior to engaging in operations under this Subpart, a specific approval by the competent authority shall have been issued to the operator.
(b) To obtain such approval, the operator shall submit an application to the competent authority as specified in SPA.GEN.105, and shall demonstrate compliance with the requirements of this Subpart.
(c) The operator shall, prior to performing operations from a Member State other than the Member State that issued the approval under (a), inform the competent authorities in both Member States of the intended operation.
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

8. The next steps in the legislative procedure
Opinion 4/2015 contains proposed changes to European Union regulations
It is addressed to the European Commission, which uses it as a technical basis in order to prepare a legislative proposal
Commission vote scheduled for October 2015
The Decision containing the related Acceptable Means of Compliance (AMC) and Guidance Material (GM) will be published by the Agency
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

9. The future? 7 Solakonferansen 22.09.2015
Øivind Solberg, PhD Solberg Risk & Safety

10. Implications on safety?
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

11. Regulatory implications?
Regulatory bodies
Formal:
EASA
Norwegian Civil Aviation Authorities
Petroleum Safety Authority Norway
Commercial:
Norsk Olje og Gass (Guidelines 066)
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

12. Current situation Solakonferansen 22.09.2015
Manuals/handbooks
Operators
oil companies requirements)
(NoG, OGP,
Standards
Regulatory bodies EASA, CAAN, Ptil
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

13. Scenario A (given a HOFO implementation)
CAAN will only be informed of operation
NoG 066 Guidelines will be the operating standard
NoG will in practise be the regulatory body, not the CAAN
Regulatory oversight will be by the state giving the SPA
Øivind Solberg, PhD Solberg Risk & Safety
Solakonferansen

14. - Oversight SPA Member State
Scenario A
manuals
Operators
(NoG, OGP)
Standards
- Oversight SPA Member State
- Regulatory body EASA
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

15. Scenario B (given a HOFO implementation)
CAAN informed of operation
Petroleum Safety Authority Norway (Ptil) may inflict requirements inside the 500 meter safety zone
Outside 500 meter zone, HOFO
NoG 066 Guidelines will be the operating standard
Ptil and NoG will in practise be the regulatory bodies, not the CAAN
Øivind Solberg, PhD Solberg Risk & Safety
Solakonferansen

16. Regulatory body Ptil, EASA and Member State giving SPA
Scenario B
manuals
Operators
(NoG, OGP)
Standards
Regulatory body Ptil, EASA and Member State giving SPA
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

17. Scenario C
Norwegian Continental Shelf (still) exempt from EU regulation, will yield no change.
Status Regulation(EC) 1008/2008 (on common rules for the operation of air services in the Community)?
EEA Court of Justice ruling regarding the continued exemption of the Norwegian Continental Shelf
In case of NCS exemption the CAAN will continue to be the regulatory body
Øivind Solberg, PhD Solberg Risk & Safety
Solakonferansen

18. REGULATORY ISSUES (RISKS)
Commercial actors (NoG and oil companies) becoming, in practise, the regulatory body
Shared regulatory responsibility between Ptil and NoG
Unclear roles and responsibilities in regulating off-shore operations
Unclear role for CAAN in relation to offshore operations
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

19. REGULATORY ISSUES (RISKS)
Approving Member State not familiar with North Sea off shore operations
Insufficient basis for granting approval
Approved helicopter operator not sufficiently skilled or equipped?
Øivind Solberg, PhD Solberg Risk & Safety
Solakonferansen

20. OTHER RISK FACTORS CAAN “sidelined”?
Introducing “low cost” helicopter operators
Cost reduction focus in oil companies, may lead to a reduction in standards
Oil companies with own helicopter operations
(EU AOC, non commercial, hence not under subpart K)
Øivind Solberg, PhD Solberg Risk & Safety
Solakonferansen

21. Mitigating factors
NoG standard can still be enforced through contractual requirements
Ptil can enforce requirements in 500m zone (in cooperation with CAAN)
Samarbeidsforum for helikoptersikkerhet på norsk kontinentalsokkel can still be operational and influential
Still an open issue regarding EU Regulation 1008/2008 regarding an exemption for the Norwegian continental shelf
Øivind Solberg, PhD Solberg Risk & Safety
Solakonferansen

22. What about the CAAN? CR 965/2012 ARO.GEN 300 (d)
Without prejudice to the competences of the Member States and to their obligations as set out in ARO.RAMP, the scope of the oversight of activities performed in the territory of a Member State by persons or organisations established or residing in another Member State shall be determined on the basis of the safety priorities, as well as of past oversight activities.
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

23. What about the CAAN? CR 965/2012 ARO.GEN 300 (d)
Where the activity of a person or organisation involves more than one Member State or the Agency, the competent authority responsible for the oversight under (a) may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where the activity takes place or by the Agency.
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

24. Given the proposed version of CR 965/2012
EASA CR 965/2012 Annex IV, SPA Subpart k
Norwegian Oil and Gas recommended guidelines for flights to off shore installations
OGP - Air transportation - Recommended practices for contracted air operations
Oil companies – different internal requirements
Helicopter operators manuals and handbooks
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

25. Enhancing safety Solakonferansen 22.09.2015
Available technology
Regulatory opening
HSS (I, II, III)
Norwegian Offshore Safety Board
Samarbeidsforum
NoG requirements
#066
Contractual requirements
Operator Implementation
Monitoring by the Common Audit
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

26. GOING FORWARD Norwegian offshore safety board NoG standards
The safety studies
The Common audit
Solakonferansen
Øivind Solberg, PhD Solberg Risk & Safety

27. An analogy – working with issues on risk and safety
Øivind Solberg, PhD Solberg Risk & Safety
Solakonferansen

28. Thank you Solakonferansen 22.09.2015
Øivind Solberg, PhD Solberg Risk & Safety