CASA Ex23/10 – Exemption – from provisions in Part 173 of CASR 1998 – Jeppesen Sanderson Inc. (Cth)
Instrument number CASA EX23/10
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
08 April 2010
Exemption — from provisions in Part 173 of CASR 1998 — Jeppesen Sanderson Inc.
1 Duration
This instrument:
(a) commences on the day after it is registered; and
(b) stops having effect at the end of 31 March 2012.
2 Definition — Acting Chief Designer
In this instrument, a reference to Chief Designer includes a reference to a person, approved by CASA and appointed by Jeppesen to act as, and acting as, the Chief Designer (the acting Chief Designer).
3 Application
(1) This instrument applies to Jeppesen Sanderson Inc. of 55 Inverness Drive East, Englewood, Colorado, 80112-5498, USA (Jeppesen).
(2) Sections 4 and 5 of this instrument apply to Jeppesen and its Chief Designer 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 Jeppesen and its Chief Designer for carrying out design work on, and for review or amendment of, the following TIFPs (listed 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).
4 Exemption — RNP-AR TIFP
Jeppesen, 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 StandardsPart 173 — Standards Applicable to Instrument Flight Procedure Design, other than those to which the exemption expressly relates, continue to apply.
5 Conditions — RNP-AR TIFP
The exemption in section 4 is subject to the conditions mentioned in Schedule 2.
6 Exemption — listed TIFP
Jeppesen, 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 StandardsPart 173 — Standards Applicable to Instrument Flight Procedure Design, other than those to which the exemption expressly relates, continue to apply.
7 Conditions — listed TIFP
The exemption in section 6 is subject to the conditions mentioned in Schedule 4.
Schedule 1 Extent of exemption under section 4
Note When read with the Conditions, these exemptions are, in effect, to enable Jeppesen to design RNP‑AR TIFP.
| Item | Provision | Exempted to the extent of the following requirements |
| 1 | Regulation 173.010 | The requirement in the definition of type of terminal instrument flight procedure that the TIFP must be one that is mentioned in the Manual of StandardsPart 173 — Standards Applicable to Instrument Flight Procedure Design (the MOS). |
| 2 | Paragraph 173.045 (2) (c) | The requirement, flowing from the definition of type of terminal instrument flight procedure,that an application for a Procedure Design Certificate (PDC) must specify a TIFP that is one mentioned in the MOS. |
| 3 | Regulation 173.050 | The requirement to comply with a standard set out in, or referred to in, ICAO Doc 8168 (PANS-OPS), for the purposes of Division 173.B.2. |
| 4 | Paragraph 173.055 (1) (b) | The requirement, flowing from the definition of type of terminal instrument flight procedure,that a PDC must specify a TIFP that is one mentioned in the MOS. |
| 5 | Subregulation 173.075 (1) | The requirement in subparagraph 2.1.1.1 (m) of the MOS that the operations manual must have a description of the processes and documentation used to present to Jeppesen staff the relevant standards, rules and procedures as contained in: (a) ICAO Doc 8168 (PANS-OPS); and (b) the MOS — to the extent the MOS relates specifically to ICAO Doc 8168 (PANS-OPS). |
| 6 | Subregulation 173.075 (1) | The requirement under subparagraph 2.1.1.1 (r) of the MOS that the operations manual must have a description of the procedures to be used to ensure that designs are completed in accordance with the drafting conventions contained in Section 8.9 of the MOS (Publishing). |
| 7 | Paragraph 173.085 (1) (a) | 1 The requirement to comply with a standard set out in, or referred to in, ICAO Doc 8168 (PANS-OPS). 2 The requirements in paragraph 1.1.1.2 of the MOS to design in accordance with the standards set out in, or referred to in: (a) ICAO Doc 8168 (PANS-OPS); or (b) the MOS — to the extent that the MOS relates specifically to ICAO Doc 8168 (PANS-OPS). |
| 8 | Paragraph 173.085 (1) (b) | The requirement under subparagraph 1.1.1.2 (b) of the MOS to design in accordance with the drafting conventions contained in Section 8.9 of the MOS (Publishing). |
| 9 | Paragraph 173.090 (3) | The requirement, when verifying an RNP-AR TIFP, to comply with a standard set out in the MOS to the extent that the standard relates specifically to ICAO Doc 8168 (PANS-OPS). |
| 10 | Subregulation 173.100 (1) | The requirement that the Chief Designer’s certificate certify that a procedure is designed and validated in accordance with the standards set out in, or referred to in: (a) ICAO Doc 8168 (PANS-OPS); or (b) the MOS — to the extent that the MOS: (i) relates specifically to ICAO Doc 8168 (PANS‑OPS); or (ii) requires designs to be in accordance with the drafting conventions contained in Section 8.9 of the MOS (Publishing). |
| 11 | Paragraph 173.180 (a) | The requirement that the Chief Designer must ensure that design work must be carried out in accordance with a provision of CASR 1998 or the MOS to which another exemption in this instrument applies. |
| 12 | Paragraphs 173.335 (1) (a), (b) and (c) | The requirement in these paragraphs that CASA must grant a procedure design certificate only on compliance with criteria, requirements and provisions of CASR 1998 to which another exemption in this instrument applies |
| 13 | Subregulation 173.370 (1) | The requirement that a variation of a procedure design certificate is subject to Subpart 173.B and Division 173.E.1 insofar as another exemption in this instrument applies. |
Schedule 2 Conditions on exemption under section 4
1 For this exemption:
(a) Jeppesen may only design, review, amend or verify an RNP-AR TIFP in accordance with ICAO Doc 9905 (RNP-AR Procedure Design Manual) and the applicable provisions of the MOS; and
(b) in the event of any inconsistency between ICAO Doc 9905 (RNP-AR Procedure Design Manual) and an applicable provision of the MOS, the MOS provision is to prevail.
2 Except to the extent of the exemption granted by this instrument, in carrying out the work Jeppesen must comply with all other relevant provisions of, and standards set out in:
(a) Part 173 of CASR 1998; and
(b) the MOS.
3 Jeppesen must ensure that the design work on an RNP-AR TIFP is carried out by its Chief Designer and its employees in accordance with its operations manual.
Note The expression Chief Designer includes a person who is appointed and approved as the Acting Chief Designer.
4 The Jeppesen 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 and procedures contained in:
(i) ICAO Doc 9905 (RNP-AR Procedure Design Manual); and
(ii) the MOS (other than the parts or provisions of the MOS to which the exemption applies); and
(iii) the drafting conventions agreed between Jeppesen and Aeronautical Information Service (the AIS) for RNP-AR TIFP; and
(b) any site-specific instructions for the provision of RNP-AR design services; and
(c) a copy and explanation of this instrument; and
(d) a copy of any directions given by CASA.
Note Under regulation 173.375 of CASR 1998, CASA may give directions requiring Jeppesen to include, or alter, information in its operations manual.
5 The Jeppesen 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 qualified designer who has successfully completed an approved course of training in RNP-AR design criteria and procedures.
6 Jeppesen must ensure that before his or her appointment, the Chief Designer, or the acting Chief Designer, is a qualified designer and has successfully completed an approved course of training in RNP-AR design criteria and procedures.
7 Jeppesen must ensure that each employee who carries out supervisory duties for design work under the procedure design certificate has successfully completed an approved course of training in RNP-AR design criteria and procedures.
8 Jeppesen 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 ICAO Doc 9905 (RNP-AR Procedure Design Manual), and the applicable provisions of the MOS.
9 The Jeppesen safety management system must include procedures and requirements for compliance with the safety standards for designing, reviewing, amending or verifying RNP-AR TIFP in accordance with the ICAO Doc 9905 (RNP-AR Procedure Design Manual), and the applicable provisions of the MOS.
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 subsection 4.1.1 of the MOS must be taken by Jeppesen to include mention of ICAO Doc 9905 (RNP-AR Procedure Design Manual).
11 Jeppesen may transfer its responsibility for maintaining an RNP-AR TIFP only with the written approval of CASA.
12 Jeppesen must permit an authorised inspector to exercise his or her powers under Division 173.E.5 of CASR 1998.
13 Jeppesen 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.
14 For each RNP-AR TIFP, in addition to any other requirement under CASR 1998 or the MOS to maintain a TIFP, Jeppesen must review the RNP-AR TIFP to ensure that it complies with the relevant standards in CASR 1998 and the MOS as modified by this instrument.
15 For clause 14:
(a) the first review of an RNP-AR TIFP must occur before the third anniversary of the date of publication of the RNP-AR TIFP; and
(b) the second review of the RNP-AR TIFP must occur before the third anniversary of the date of the first review; and
(c) each subsequent review of the RNP-AR TIFP must occur before the third anniversary of the date of the preceding review.
Note The intention is that Jeppesen must ensure that not more than 3 years elapses between its compliance reviews of each RNP-AR TIFP.
Schedule 3 Extent of exemption under section 6 for listed TIFP
| Item | Provision | Exempted to the extent of the following requirements |
| 1 | Subregulation 173.075 (1) | The requirement under subparagraph 2.1.1.1 (r) of the MOS that the operations manual must have a description of the procedures to be used to ensure that designs are completed in accordance with the drafting conventions contained in Section 8.9 of the MOS (Publishing). |
| 2 | Paragraph 173.085 (1) (b) | The requirement under subparagraph 1.1.1.2 (b) of the MOS to design in accordance with the drafting conventions contained in Section 8.9 of the MOS (Publishing). |
| 3 | Subregulation 173.100 (1) | The requirement that the Chief Designer’s certificate certify that a procedure is designed and validated in accordance with the standards set out in, or referred to in, the MOS, to the extent that the MOS requires designs to be in accordance with the drafting conventions contained in Section 8.9 of the MOS (Publishing). |
Schedule 4 Conditions on exemption under section 6 for listed TIFP
1 Jeppesen must ensure that each listed 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).
2 The Jeppesen operations manual must include a description of the processes and documents used to present the Chief Designer and design staff with the relevant standards, rules and procedures contained in the drafting conventions agreed between Jeppesen and AIS for listed TIFP.
3 For each listed TIFP, in addition to any other requirement under CASR 1998 or the MOS to maintain a TIFP, Jeppesen must review the TIFP to ensure that it complies with the relevant standards in CASR 1998 and the MOS as modified by this instrument.
4 For clause 3:
(a) the first review of a listed TIFP must occur before the third anniversary of the date of publication of the TIFP; and
(b) the second review of the listed TIFP must occur before the third anniversary of the date of the first review; and
(c) each subsequent review of the listed TIFP must occur before the third anniversary of the date of the preceding review.
Note The intention is that Jeppesen must ensure that not more than 3 years elapses between its compliance reviews of each listed TIFP.
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