Manual of Standards Part 173 Amendment Instrument 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L00742

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I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 173.010, and subregulations 173.075 (1), 173.110 (1), 173.250 (1) and 173.270 (1), of the Civil Aviation Safety Regulations 1998.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
30 March 2012
Manual of Standards Part 173 Amendment Instrument 2012 (No. 1)
1          Name of instrument
                 This instrument is the Manual of Standards Part 173 Amendment Instrument 2012 (No. 1).
2          Commencement
                 This instrument commences on 1 April 2012.
3          Amendment of the Manual of Standards Part 173
                 Schedule 1 amends the Manual of Standards (MOS) Part 173 — Standards Applicable to the Provision of Instrument Flight Procedure Design.
Schedule 1          Amendments
[1]        Paragraph 2.1.1.1
omit
in accordance with the following requirements
insert
which includes the following:
[2]        After paragraph 2.1.1.1 (o)
insert
      (oa)     without affecting any other provision of this MOS, a statement to the certified designer’s staff to the effect that:
             (i)  a design for a type of terminal instrument flight procedure (TIFP) (other than one for use in a specialised helicopter operation or a ship’s pilot PINS operation) may only be completed and given for verification, validation or publication for a certified aerodrome or a registered aerodrome; and
            (ii)  the terms of paragraphs 6.1.3.3 and 6.1.4.1A of this MOS must be followed as if they were part of the Operations Manual;
Note   This statement in the Operations Manual is to complement regulation 139.030 of CASR 1998. This provides that, other than for a specialised helicopter operation, a person must not operate an aerodrome for which there is a type of TIFP unless the aerodrome is a certified aerodrome or a registered aerodrome. Designing may be commenced for an applicant for certification or registration of an aerodrome but, unless the aerodrome is actually certified or registered, the design may not be completed, or given for verification, validation or publication.
[3]        After paragraph 2.1.1.1
insert
2.1.1.2     In this paragraph:
ship’s pilot PINS operation means a helicopter operation to and from a point‑in-space (PINS) at or near a ship at sea for transferring the ship’s pilot to or from the ship.
[4]        After paragraph 6.1.3.2
insert
6.1.3.3     Notice of withdrawal. A certified designer or an authorised designer:
(a)   who, for paragraph 6.1.3.1 or 6.1.3.2, forwards to the AIS or CASA (as the case requires) a certificate of design, or a copy of a design, for a type of terminal instrument flight procedure (TIFP design); and
(b)   who subsequently withdraws the TIFP design in compliance with maintenance requirements under paragraph 6.1.4.1A;
                 must, as soon as possible after the withdrawal, give written notice to the AIS or CASA (as the case requires) that the TIFP design is withdrawn.
6.1.3.4     NOTAM of withdrawal. As soon as possible after receiving a notice mentioned in paragraph 6.1.3.3, the AIS or CASA (as the case requires) must ensure that a notice of the withdrawal of the TIFP design is published in the AIP or a NOTAM.
[5]        Paragraph 6.1.4.1
omit
an Instrument Flight Procedure
insert
a Terminal Instrument Flight Procedure
[6]        After paragraph 6.1.4.1
insert
6.1.4.1A     Maintenance of a type of TIFP requires that, if written notification about an aerodrome is received from CASA under paragraph 2.1.9A of the Manual of Standards (MOS) — Part 139 Aerodromes, the following safety procedures must be followed:
(a)   withdrawal of the TIFP design for the aerodrome; and
(b)   written notification to the aerodrome operator that, in accordance with the maintenance requirements of this paragraph, the TIFP design has been withdrawn because the aerodrome was not a certified aerodrome or a registered aerodrome.
Note   This procedure is to complement the obligation on CASA under paragraph 2.1.9A of the Manual of Standards (MOS) — Part 139 Aerodromes that where an aerodrome with a TIFP ceases (for whatever reason) to be certified and does not become registered, or ceases to be registered and does not become certified, CASA will take every reasonable step necessary to give written notification to the certified or authorised designer of the TIFP.