Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from Circular Error of Position Tolerance 7NM for RNAV GNSS, RNP APCH and RNP AR APCH
Exemption — Airservices Australia Operations Manual
Purpose
This instrument exempts Airservices Australia (AA) from certain air traffic control standards for certain kinds of aircraft, in order to substitute somewhat different standards for those aircraft.
Legislation — the Act
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under subsection 98 (5A), the regulations may empower CASA to issue instruments in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.
Legislation — exemptions
Subpart 11.F of the Civil Aviation Safety Regulations 1998 (CASR 1998, as amended from 27 June 2011 by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2)) deals with exemptions.
Under subregulation 11.160 (1) of CASR 1998, and for subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from a provision of CAR 1988, CASR 1998 or a Civil Aviation Order in relation to a matter mentioned in subsection 98 (5A).
Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person or a class of persons. Under subregulation 11.160 (3), CASA may grant an exemption on application, or on its own initiative. For an application for an exemption, CASA must regard as paramount the preservation of an acceptable level of safety. For making a decision on its own initiative, CASA is guided by the requirement in subsection 9A (1) of the Act that in exercising its powers and functions CASA must regard the safety of air navigation as the most important consideration.
Under regulation 11.205 of CASR 1998, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition. Under regulation 11.225, CASA must, as soon as practicable, publish on the Internet details of all exemptions under Subpart 11.F.
Under subregulation 11.230 (1), an exemption (but not an exceptional circumstances exemption for regulation 11.185 about major emergencies) may remain in force for 3 years or for a shorter period specified in the instrument.
Under subregulation 11.230 (3), an exemption in force in relation to a particular aircraft owned by a particular person, ceases to be in force when the aircraft ceases to be owned by that person. Under regulation 11.235, an exemption is not transferable (as between operators, aircraft etc.).
Other legislation —CASR Part 172 and the MOS
Under regulation 172.022 of CASR 1998, CASA may issue a Manual of Standards prescribing Standards that must be met by air traffic service (ATS) providers. Under regulation 172.060 of CASR 1998 an ATS provider must maintain an operations manual that complies with the Manual of Standards. For these purposes, CASA issued Manual of Standards Part 172 — Air Traffic Services (the MOS)
Subsection 10.8.3 of the MOS deals with lateral separation navigation tolerances used to determine the possible position of an aircraft relative to other aircraft. In particular, paragraph 10.8.3.9 provides circular error of position (CEP) and cross track tolerances applicable to aircraft with long range navigation systems. One such tolerance is 7 nautical miles CEP, subject to conditions.
Background
In the exemption, a capable aircraft is defined as one fitted with serviceable navigation equipment enabling the aircraft to operate to navigation specifications RNAV GNSS, RNP APCH or RNP AR APCH. Under the MOS, a 7NM CEP would be applied to such an aircraft. However, 7NM CEP is considered to offer a safety margin that, in certain circumstances, and subject to certain conditions, is greater than is required for such capable aircraft.
AA has, therefore, developed, and presented to CASA, a safety case which demonstrates this (Application of MATS Lateral Short Range Navigation Aid Tolerances to RNAV RNP 0.3 capable aircraft once the aircraft is aligned with runway centreline endorsed by AA on 7 September 2010). The safety case demonstrates that a 1 NM cross track navigation tolerance would be safe for capable aircraft that are on final approach to a runway and that it is not necessary to apply 7 NM CEP.
The principal significance of a reduced cross track navigation tolerance for capable aircraft is that it offers AA, and relevant aircraft operators, opportunities for a more efficient use of the available airspace for controlled aircraft in the approach phase.
A 1 NM cross track navigation tolerance for capable aircraft would be in line with work currently under way by ICAO demonstrating similar outcomes. However, it is likely to be some time before ICAO proposes its results in Standard and Recommended Practices (SARPs) for member states to formally adopt.
Given the need for review of a range of unrelated matters, it could be up to 12 months before a MOS amendment could take effect specifically permitting the use of a 1 NM cross track navigation tolerance for capable aircraft, subject to appropriate safety conditions. An exemption is a more timely way to introduce the new arrangements.
Exemption
CASA has examined the AA safety case and the related ICAO proposals, and considers that when circumscribed by relevant conditions, and with operations manual amendments, a 1 NM cross track navigation tolerance would be safe for capable aircraft.
CASA has, therefore, issued an instrument exempting AA, when controlling capable aircraft, from the requirement to comply with paragraph 10.8.3.9 of the MOS for a 7NM CEP.
The exemption is conditional. The key condition is that AA must apply a 1 NM cross track navigation tolerance for capable aircraft on final approach to a runway. In addition, the capable aircraft must be established on 1 of the eligible approaches to a runway (namely RNAV GNSS, RNP APCH or RNP AR APCH), be within 25 nautical miles of the runway threshold and at or inside the Initial Approach Fix for the runway, and be aligned with the centreline of the runway. Only a specifically trained AA air traffic controller may control an aircraft on such an approach.
A second exemption exempts AA from the requirement that its operations manual must contain procedures mandating use of the 7NM CEP standard in the circumstances mentioned in the exemption for the use of 1 NM cross-track tolerance. However, the manual must be amended to include procedures for the control of capable aircraft using the 1NM cross track tolerance under the exemption.
The exemption is expressed to operate until the end of 30 June 2015 but it is expected that the MOS will be amended to incorporate the new Standards before that expiry date. Details of the exemption are set out in Appendix 1.
Legislative Instruments Act
As noted above, exemptions under Subpart 11.F of CASR 1998 are “for subsection 98 (5A)” of the Act, that is, for regulations which empower the issue of certain instruments, like exemptions, in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.
The exemption is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an exemption issued under paragraph 98 (5A) (a), for such matters, is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct form a particular person, aircraft or product).
The exemption from the MOS Standard applies to a single ATS provider, namely AA. However, it would operate in respect of the separation of all capable aircraft making a relevant approach. Further, AA is the Commonwealth’s ATS provider for the vast bulk of air traffic controlled civilian aircraft. To avoid doubt, therefore, about the application of subsection 98 (5AA), CASA has treated the exemption as a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the Legislative Instruments Act 2003 (LIA).
Consultation
Consultation under section 17 of the LIA was conducted with AA for whose operations the exemption was prepared.
Office of Best Practice Regulation (OBPR)
OBPR assessed the impact of the exemption as minor and further analysis in the form of a Regulation Impact Statement was not required (OBPR id: 14099).
Statement of Compatibility with Human Rights
The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument beneficially exempts AA from certain air traffic control standards under the MOS in respect of certain kinds of aircraft. The conditions of the exemption have the effect of substituting somewhat different standards which CASA considers are at least as safe as those exempted from. In arriving at its decision CASA regarded the safety of air navigation as the most important consideration.
The exemption is intended to accelerate the availability of these different standards in circumstance in which a MOS reflecting an ICAO SARP would take longer to finalise.
Since its effects are limited to these beneficial consequences, the instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Commencement and making
The exemption commences on the day after registration and stops having effect at the end of 30 June 2015.
The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX123/12]
Appendix 1
Details of exemption instrument CASA EX123/12
1 Duration
Under this section, the instrument commences on the day after it is registered; and stops having effect at the end of 30 June 2015.
2 Definition
Under this section, key terms are defined as follows:
AA means Airservices Australia (Aviation Reference Number 202210) in its capacity as an air traffic services (ATS) provider under Part 172 of CASR 1998.
capable aircraft means an aircraft fitted with serviceable navigation equipment that enables the aircraft to operate to navigation specifications RNAV GNSS, RNP APCH or RNP AR APCH.
safety case means the document Application of MATS Lateral Short Range Navigation Aid Tolerances to RNAV RNP 0.3 capable aircraft once the aircraft is aligned with runway centreline endorsed by AA on 7 September 2010.
trained air traffic controller means a person who has successfully completed training and assessment in the use of a cross track navigation tolerance of 1 NM in accordance with Section 11 and Appendix 5 of the AA safety case.
3 Application
Under this section, the instrument applies to AA in relation to its operations manual and its provision of ATS to capable aircraft in accordance with certain circular error of position (CEP) and cross track tolerances under Chapter 10 of the MOS.
4 Exemption — operations manual
Under this section, AA is exempt from subregulation 172.060 (1) of CASR 1998, but only to the extent that for a capable aircraft its operations manual (the AA operations manual) must contain procedures that comply with the standard in the MOS from compliance with which AA is exempted by section 6.
5 Condition
Under this section, the exemption in section 4 is subject to the condition that the AA operations manual must contain information about this exemption and procedures for the control of a capable aircraft using a cross track navigation tolerance of 1 NM.
6 Exemption — 7NM CEP
Under this section, AA is exempt from subregulation 172.065 (1) of CASR 1998, but only to the extent that it requires ATS for a capable aircraft to be provided in accordance with the Tolerance item in Table 10.8-4 of paragraph 10.8.3.9 of the MOS referring to 7NM CEP.
7 Conditions
Under this section, the exemption in section 6 is subject to the conditions set out in Schedule 1.
Schedule 1 Conditions
1 Under this condition, the aircraft for which ATS are provided must be a capable aircraft (the aircraft).
A Note explains that in the Schedule, every mention of an “aircraft” means a “capable aircraft”.
2 Under this condition, the aircraft must be:
(a) established on 1 of the following approaches to a runway: RNAV GNSS, RNP APCH or RNP AR APCH.
(b) within 25 nautical miles of the runway threshold; and
(c) at or inside the Initial Approach Fix for the runway; and
(d) aligned with the centreline of the runway.
3 Under this condition, a cross track navigation tolerance of 1 NM must be applied to the aircraft’s position.
4 Under this condition, only a trained air traffic controller may control an aircraft using a cross track navigation tolerance of 1 NM.