CASA EX134/17 - Exemptions and direction — publishing requirements for terminal instrument flight procedures (Cth)

Instrument number CASA EX134/17

I, JOHN FRANCIS GRIMA, Acting Aviation Group Manager,adelegateofCASA,makethisinstrumentunder the CivilAviationSafetyRegulations1998.

[Signed J. Grima]

John Grima
Acting Aviation Group Manager

19 September 2017

Exemptions and direction — publishing requirements for terminal instrument flight procedures

1          Duration

                 This instrument:

(a)   commences on the day after registration; and

(b)   is repealed at the end of 31 August 2020.

2          Definitions

Note   In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: certified designer, chief designer and terminal instrument flight procedure.

                 In this instrument:

chief designer’s certificate means the certificate required to be issued by the certified designer’s chief designer mentioned in subregulation 173.100 (1) of CASR.

MOS means the Manual of Standards (MOS) Part 173 — Standards Applicable to the Provision of Instrument Flight Procedure Design.

TIFP means terminal instrument flight procedure.

3          Exemptions

        (1)     For regulation 11.160 of CASR,a certified designer is exempt from compliance with the following provisions of Part 173 of CASR to the extent that the provision requires the certified designer to comply with a standard in paragraph 8.9.2 or 8.9.3 of the MOS:

(a)   subregulation 173.075 (1);

(b)   paragraph 173.085 (1) (b);

(c)   subregulation 173.095 (1);

(d)   subregulation 173.100 (1).

        (2)     For regulation 11.160 of CASR,a chief designer for a certified designer’s organisation is exempt from compliance with a responsibility mentioned in regulation 173.180 of CASR to the extent that performance of the responsibility requires compliance with a standard in paragraph 8.9.2 or 8.9.3 of the MOS.

        (3)     For regulation11.205ofCASR, the exemptions are subject to the condition in section 4.

4          Condition

              The certified designer must comply with any written direction given by CASA for the purpose of ensuring that the certified designer complies with the direction in section 5.

5          Direction

     (1)     For regulation 173.375 of CASR, CASA directs a certified designer who is undertaking design work in reliance on the exemption in section 3 to ensure that the following information is included in its operations manual:

(a)   a description of the processes and documents used to present the standards, rules and procedures mentioned in a data product specification given to the certified designer by an AIS provider to:

             (i)  the chief designer; and

            (ii)  an employee of the certified designer who carries on design work on a TIFP in the course of the employee’s duties;

(b)   copies of this instrument and the Explanatory Statement for this instrument;

(c)   a copy of any other direction given to the certified designer by CASA for regulation 173.375 of CASR.

     (2)     The certified designer must:

(a)   comply with the direction in paragraph (1) (a) within 28 days of receiving the data product specification; and

(b)   comply with the direction in paragraphs (1) (b) and (c) within 14 days of the commencement of this instrument.