CASA EX98/11 – Exemption – Part 173 of CASR 1998 – Airservices Australia

Link to law: https://www.comlaw.gov.au/Details/F2011L01815

Instrument number CASA EX98/11
I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
1 September 2011
Exemption – Part 173 of CASR 1998 – Airservices Australia
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   stops having effect at the end of 31 August 2014.
2          Application
        (1)     This instrument applies to Airservices Australia (ABN 59 698 720 886), 25 Constitution Avenue, Canberra, ACT, 2601 (AA).
        (2)     Sections 4 and 5 of this instrument apply to AA and its chief designer only for carrying out design work on, and for review or amendment of, the following terminal instrument flight procedure (TIFP):
                 Required Navigation Performance — Authorisation Required (RNP-AR).
        (3)     Sections 6 and 7 of this instrument apply to AA and its chief designer only for carrying out design work on, and for review or amendment of, the following TIFPs (other TIFP):
(a)   Non-precision Approach (Ground-based)
(b)   Non-precision Approach (RNAV)
(c)   Precision Approach (Ground-based)
(d)   Precision Approach (RNAV)
(e)   Approach with Vertical Guidance (APV)
(f)    Departure
(g)   Helicopter (Off-shore) — Airborne Radar
(h)   Helicopter (Off-shore) — Non-directional Beacons (NDB).
3          Interpretation — person approved to act as chief designer
                 In this instrument, a reference to chief designer includes a reference to a person, appointed by AA, and approved by CASA, to act as, and acting as, the chief designer (the acting chief designer).
4          Exemption — RNP-AR
                 AA and its chief designer, as the case requires, are each exempt from compliance with each of the provisions in Part 173 of CASR 1998 mentioned in Schedule 1, to the extent mentioned for the provision.
Note   The provisions of Part 173 of CASR 1998 and the Manual of Standards Part 173 — Standards Applicable to Instrument Flight Procedure Design, other than those to which the exemption expressly relates, continue to apply.
5          Conditions — RNP-AR
                 The exemption in section 4 is subject to the conditions mentioned for it in Schedule 1 and Schedule 2.
6          Exemption — other TIFP
                 AA and its chief designer, as the case requires, are each exempt from compliance with each of the provisions in Part 173 of CASR 1998 mentioned in Schedule 3 to the extent mentioned for the provision.
Note   The provisions of Part 173 of CASR 1998 and the Manual of Standards Part 173 — Standards Applicable to Instrument Flight Procedure Design, other than those to which the exemption expressly relates, continue to apply.
7          Conditions — other TIFP
                 The exemption in section 6 is subject to the conditions mentioned for it in Schedule 3 and Schedule 4.
Schedule 1          RNP-AR — provisions of CASR 1998, extent of exemption and certain conditions
Item
Provision
Extent and certain conditions

1
Regulation 173.010
The requirement in the definition of type of terminal instrument flight procedure that the type of TIFP must be one that is mentioned in the Manual of Standards Part 173 — Standards Applicable to Instrument Flight Procedure Design (the MOS), provided that the TIFP is:
(a)  one mentioned in the MOS; or
(b)  RNP-AR.

2
Subregulation 173.075 (1)
The requirement in subparagraph 2.1.1.1  (r) of the MOS that a description of the procedures to be used be such as to ensure that designs are completed in accordance with the drafting conventions contained in Section 8.9 of the MOS (Publishing), provided that RNP-AR designs are completed in accordance with the drafting conventions agreed with the AIS.

3
Paragraph 173.085 (1) (a)
The requirement to design a TIFP in accordance with a standard set out in, or referred to in, ICAO Doc. 8168 (PANS-OPS), provided that RNP-AR TIFP are designed in accordance with the applicable standards set out in, or referred to in:
(a)   ICAO Doc. 8168 (PANS-OPS); and
(b)   ICAO Doc. 9905 (RNP-AR Procedure Design Manual).

4
Paragraph 173.085 (1) (b)
The requirements in paragraph 1.1.1.2 of the MOS to design TIFP in accordance with the standards set out in, or referred to in, ICAO Doc. 8168 (PANS-OPS), provided that the RNP‑AR TIFP are designed in accordance with the applicable standards set out in, or referred to in:
(a)   ICAO Doc. 8168 (PANS-OPS); and
(b)   ICAO Doc. 9905 (RNP-AR Procedure Design Manual).

5
Paragraph 173.085 (1) (b)
The requirements to design TIFP in accordance with the applicable standards set out in Section 8.9 of the MOS (Publishing), provided that the chief designer’s certificate for a RNP-AR TIFP certifies the use of the relevant publishing standards agreed with the AIS.

6
Subregulation 173.100 (1)
The requirement that the chief designer’s certificate relate to the standards set out in, or referred to in, ICAO Doc. 8168 (PANS-OPS), provided that the chief designer’s certificate relates to the applicable standards set out in, or referred to in:
(a)   ICAO Doc. 8168 (PANS-OPS); and
(b)   ICAO Doc. 9905 (RNP-AR Procedure Design Manual); and
(c)   the MOS.

7
Subregulation 173.100 (1)
The requirement that the chief designer’s certificate relate to the standards set out in Section 8.9 of the MOS (Publishing), provided that the chief designer certifies the use of the relevant publishing standards agreed with the AIS.

Schedule 2          RNP-AR — additional conditions
        1     Except to the extent of the exemptions granted by this instrument, in carrying out design work on RNP-AR TIFP, AA must comply with all relevant provisions of, and standards set out in:
(a)   Part 173 of CASR 1998; and
(b)   the MOS.
        2     The AA operations manual must include:
(a)   a description of the processes and documents used to present the chief designer and design staff with the relevant standards, rules, procedures and drafting conventions contained in, or used for:
             (i)  ICAO Doc. 9905 (RNP-AR Procedure Design Manual); and
            (ii)  the MOS; and
           (iii)  any site-specific instructions for the provision of design services; and
(b)   a copy and explanation of this instrument; and
(c)   a copy of any directions given by CASA.
Note   Under regulation 173.375 of CASR 1998, CASA may give directions requiring AA to include, or alter, information in its operations manual.
        3     AA must:
(a)   ensure that design is carried out by its chief designer and its employees in accordance with its operations manual; and
(b)   clearly mark each design with the words “FOR CASA APPROVED OPERATORS ONLY”.
        4     AA must ensure that before his or her appointment, the chief designer and the acting chief designer, are each qualified designers who have each successfully completed an approved course of training in ICAO Doc. 8168 (PANS-OPS) and in ICAO Doc. 9905 (RNP-AR Procedure Design Manual), design criteria and procedures.
        5     AA must ensure that each qualified designer who carries out RNP-AR design work has successfully completed an approved course of training in ICAO Doc. 8168 (PANS-OPS) and ICAO Doc.9905 (RNP-AR Procedure Design Manual), design criteria and procedures.
        6     AA must ensure that each employee who carries out supervisory duties for RNP-AR design work under the procedure design certificate is a qualified designer who has successfully completed an approved course of training in ICAO Doc. 8168 (PANS-OPS) and ICAO Doc. 9905 (RNP-AR Procedure Design Manual), design criteria and procedures.
        7     AA operations manual procedures for verifying an RNP-AR TIFP must include the requirement that verification may only be carried out by the chief designer or a qualified designer who has successfully completed an approved course of training in ICAO Doc. 8168 (PANS-OPS) and ICAO Doc. 9905 (RNP-AR Procedure Design Manual), design criteria and procedures.
        8     AA must ensure that each RNP-AR TIFP which is given to the AIS for publication in the AIP is accompanied by the chief designer’s certificate certifying that the procedure is designed and validated in accordance with the applicable standards set out in, or referred to in:
(a)   ICAO Doc. 8168 (PANS-OPS); and
(b)   ICAO Doc. 9905 (RNP-AR Procedure Design Manual); and
(c)   the MOS.
        9     The AA safety management system must cover compliance with the safety standards for designing, reviewing or amending RNP-AR TIFP.
      10     For the purposes of RNP-AR TIFP, the documents and reference material referred to in, and the requirements mentioned in, subsection 1.1.5 and Section 4.1 of the MOS must be taken by AA to include mention of ICAO Doc. 9905 (RNP-AR Procedure Design Manual).
      11     AA may transfer its responsibility for maintaining an RNP-AR TIFP only with the written approval of CASA.
      12     AA must permit an authorised inspector to exercise his or her powers under Division 173.E.5 of CASR 1998.
      13     AA must comply with any written directions given by CASA for the purpose of ensuring that this exemption and its conditions are effectively and appropriately complied with.
Schedule 3          Other TIFP — provisions of CASR 1998, extent of exemption and certain conditions
Item
Provision
Extent and certain conditions

1
Subregulation 173.075 (1)
The requirement in paragraph 2.1.1.1 (r) of the MOS that a description of the procedures to be used be such as to ensure that designs are completed in accordance with the drafting conventions contained in Section 8.9 of the MOS (Publishing), provided designs are completed in accordance with the drafting conventions agreed with the AIS.

2
Paragraph 173.085 (1) (b)
The requirements to design TIFP in accordance with the applicable standards set out in Section 8.9 of the MOS (Publishing), provided that the chief designer’s certificate certifies the use of the relevant publishing standards agreed with the AIS.

3
Subregulation 173.100 (1)
The requirement that the chief designer’s certificate relate to the standards set out in Section 8.9 of the MOS (Publishing), provided that the chief designer certifies the use of the drafting conventions agreed with the AIS.

Schedule 4          Other TIFP — additional conditions
              AA must ensure that each other TIFP which is given to the AIS for publication in the AIP is accompanied by the chief designer’s certificate certifying that the procedure is designed and validated in accordance with any applicable standards set out in, or referred to in, ICAO Doc. 8168 (PANS-OPS) and the MOS, except for Section 8.9 of the MOS (Publishing).
 
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