Explanatory Statement
Civil Aviation Regulations 1988
Instructions and exemption — B767-300 RNAV (RNP-AR) approaches
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 178 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an aircraft must not fly along a route segment at a height lower than the published lowest safe altitude (LSALT) for that segment. Under subregulation 178 (2), if there is no LSALT, the pilot must not fly lower than the LSALT calculated by a method determined by CASA.
However, paragraph 178 (4) (c) of CAR 1988 provides an exception to these requirements if the flight is during an authorised instrument approach procedure (authorised IAP) or an authorised instrument departure procedure (authorised IDP). Definitions of those 2 terms are contained in subregulation 178 (7).
Under subregulation 179A (1) of CAR 1988, CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.) flights specifying the method by which an aircraft is to be navigated when on such a flight.
The purpose of the instrument is to enable a controlled, Australia-wide, trial by Qantas Airways Limited (Qantas) of certain Area Navigation (Required Navigation Performance‑Authorisation Required) instrument approach procedures (RNAV (RNP-AR) IAP). These are sophisticated, computer assisted area navigation operations with particular performance requirements for which CASA authorisation is required.
Use of RNAV (RNP-AR) IAP can enable accurate navigation and obstacle avoidance in instrument meteorological conditions (I.M.C.) under the I.F.R. This can significantly reduce the likelihood of accidents involving controlled flight into terrain (CFIT), which refers to flight into the ground without any equipment malfunction. CFIT can be more likely in complex, non-precision approaches (NPA) which lack vertical guidance and which impose a high mental work load on the flight crew.
Trial of RNAV (RNP-AR)
Under subregulation 173.055 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), Naverus (a United States based RNP-AR procedure specialist) is a certified designer of instrument approach and departure procedures using a specialised form of RNAV (RNP-AR).
RNAV (RNP-AR) procedures of the type to be used in the trial have been developed and are in use in the United States and Canada. However, there are as yet no internationally agreed design standards for such procedures.
The design standards to be used in the Qantas trial have been subject to the scrutiny of the Federal Aviation Administration of the United States of America and Transport Canada. CASA conducted its own assessment of the procedure design standards used by Naverus.
Instructions have already been issued to Qantas and other airlines to allow the use of Naverus designed procedures by other types of aircraft. Those trials have progressed satisfactorily. CASA is, therefore, satisfied that the use of IAP under these instructions meets or exceeds acceptable standards of safety for IAP operations. However, in the interests of safety, CASA wishes to conduct a trial of the procedures. The operator is willing to observe additional safety conditions for the purposes of the trial.
Instructions
The instrument applies to RNAV (RNP-AR) IAP in I.M.C. under the I.F.R. in Australia that are conducted for and in accordance with the Qantas trial. The Qantas trial must also be conducted in accordance with the conditions in Schedule 3 of the instrument.
Conditions
The conditions of the trial include the requirement that only approved and specially trained pilots may be used in RNP-capable aircraft. Operations must be in accordance with the Qantas proposal. Approaches may not be conducted below certain defined heights and must use the appropriate RNP type in accordance with the aircraft flight manual. CASA must be permitted to attend and observe certain flights and training. Qantas must make certain operational reports available to CASA and immediately report any safety-related incidents.
Exemption
Because what is proposed is a specialised trial only, and because of exemptions and conditions for the Naverus procedure design certificate, Naverus does not publish its IAP. To ensure that the trial is conducted in accordance with the requirements of the LSALT exemption provided by paragraph 178 (4) (c) of CAR 1988, it is necessary, by means of an exemption, to exempt Qantas from publication of the IAP used in the trial. Publication would otherwise be required by subparagraph (a) (ii) of the definition of authorised instrument approach procedure in subregulation 178 (7)
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument in legislation in force before the commencement of the LIA. The instructions are, therefore, a legislative instrument and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is substantially similar to previous instruments issued to operators, including 1 that has been issued to Qantas for IAP for its B737-800 aircraft (CASA 210/10).
The instrument commences on the day after registration and stops having effect at the end of 30 September 2014.
The instrument has been made a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA 442/11]