Manual of Standards Part 139 Amendment Instrument 2017 (No. 1)

Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Safety Regulations 1998

Manual of Standards Part 139 Amendment Instrument 2017 (No. 1)

Purpose

The purpose of the Manual of Standards Part 139 Amendment Instrument 2017 (No. 1) (the MOS amendment) is to amend the Manual of Standards (MOS) – Part 139 Aerodromes (MOS Part 139) to introduce modified, and generally reduced, minimum separation distances in relation to aerodrome taxiways, and aircraft parking position taxilanes. The reductions in taxiway minimum separation distances also consequentially reduce taxiway strip widths.

Legislation

Under section 98 (1) of the Civil Aviation Act 1988 (the Act) the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.

Some of these regulations are contained in the Civil Aviation Safety Regulations 1998 (CASR 1998). In particular, Part 139 — Aerodromes (CASR Part 139) deals, among other things, with the operation, certification and registration of aerodromes.

(References below to a provision whose number begins with the number 139 are to the provision of that number in CASR Part 139.)

Under regulation 139.015, the standards for aerodromes are those set out in MOS Part 139.

Under regulation 139.050, CASA must grant an aerodrome certificate to an applicant if CASA is satisfied (among other things) that the aerodrome’s facilities and equipment are in accordance with the standards specified in MOS Part 139.

Under regulation 139.165, the operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in MOS Part 139.

Under regulation 139.295, the standards applicable to registered aerodromes include standards set out in the MOS Part 139 as applicable to registered aerodromes.

MOS Part 139 contains mandatory standards for the facilities and equipment that aerodromes must have, and the dimensions and distances of various aspects of the physical design of an aerodrome.

Subsection 6.3.17 of MOS Part 139 deals with taxiway minimum separation distances. Under paragraph 6.3.17.1, the separation distance between the centreline of a taxiway, including an apron taxiway, and the centreline of a parallel runway; or the centreline of a parallel taxiway; or a building, structure, vehicle, wall, plant, equipment, parked aeroplane or road; must not be less than the distances determined using Table 6.3-5.

To identify the relevant distances, Table 6.3-5 refers to precision approach, non‑precision approach and non-instrument runways by reference to their Aerodrome Reference Code number and letter.

Subsection 6.5.2 of the MOS Part 139 deals with separation distances on aprons. Under paragraph 6.5.2.1, an aircraft parking position taxilane must be separated from any object by a distance not less than that determined using Table 6.5-1. Under paragraph 6.5.2.2, subject to paragraph 6.5.2.3, an aircraft on an aircraft parking position must be separated from any object, other than an aerobridge, by a distance not less than that determined using the Table. Under paragraph 6.5.2.3, paragraph 6.5.2.2 does not apply to a Code D, E or F aircraft if a visual docking guidance system allows a reduced separation distance.

To identify the relevant distances, Table 6.5-1 refers to aircraft code letters.

Subsection 6.3.17 of MOS Part 139 deals with taxiway strip width. Thus, the width of the taxiway strip along the length of the taxiway on each side of the centreline of the taxiway must not be less than determined in the subsection by reference to aircraft code letters.

Under paragraph 2.1.5.1 of MOS Part 139, Australia has adopted the International Civil Aviation Organization (ICAO) methodology of using a code system, known as the Aerodrome Reference Code (ARC or Code), to specify the standards for individual aerodrome facilities which are suitable for use by aeroplanes within a range of performances and sizes.

The ARC is composed of 2 elements: element 1 is a number related to the aeroplane reference field length; and element 2 is a letter related to the aeroplane wingspan and outer main gear wheel span. A particular specification is related to the more appropriate of the 2 elements of the Code or to an appropriate combination of the 2 elements. The Code letter or number within an element selected for design purposes is related to the characteristics of the aeroplane types for which the facility is intended.

Under paragraph 2.1.5.2 of MOS Part 139, the Code number for element 1 is determined by the aerodrome operator from column 1 of Table 2.1-1. The Code number corresponding to the highest value of the aeroplane reference field lengths for which the runway is intended is to be selected.

Under paragraph 2.1.5.3 of MOS Part 139, the Code letter for element 2 is determined by the aerodrome operator from column 3 of Table 2.1-1. Generally, the Code letter corresponds to the greatest wingspan or the greatest outer main gear wheel span, whichever gives the more demanding Code letter, of the aeroplanes for which the facility is intended to be selected.

Under paragraph 2.1.5.5, unless otherwise agreed by CASA, aerodrome operators must maintain the runways and taxiways in accordance with the applicable standards set out in MOS Part 139 for the notified aerodrome reference code for that runway or taxiway. The ARC Table is as follows:

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Background

From 1 November 2016, Amendment 14 to Annex 14 of the Convention on International Civil Aviation (the Chicago Convention), ICAO has reduced certain taxiway separation distances, and introduced separation distances from the centreline of an aircraft parking position to the centreline of a parallel aircraft parking position taxilane.

These changes will reduce certain construction costs for aerodrome operators and allow more efficient use of available aerodrome land. Aerodrome construction works are costly and before embarking on new construction or facility modifications, aerodrome operators normally seek legislative certainty as to the lawfulness of their proposed works against the requirements of MOS Part 139.

Taxiway minimum separation distances

For Table 6.3-5 in paragraph 6.3.17.1, the MOS amendment reflects the ICAO proposals by reducing taxiway minimum separation distances as shown in the following extract from the Table where the figures in bold are the new distances and the figures in italics are the old distances.

In the interests of clarity, all of Table 6.3-5 has been replaced, although the only changes made to it are those indicated below.

Taxiway minimum separation distances – Table 6.3-5

Having assessed the reduced distances, CASA does not consider that they would lead to any adverse aviation safety outcomes.

Aircraft parking positions

For Table 6.5-1, minimum separation distances for aircraft parking positions, the MOS amendment reflects the ICAO proposals by reducing aircraft parking position separation distances as shown in the following extract from the Table where the figures in bold are the new distances and the figures in italics are the old distances.

Table 6.5-1 also shows the newly introduced separation distances from the centreline of an aircraft parking position to the centreline of a parallel aircraft parking taxilane (see column 2).

In the interests of clarity, all of Table 6.5-1 has been replaced. The Table displayed below indicates what has been changed.

Aircraft parking position minimum distances

Supporting amendments

Two new paragraphs are also added to subsection 6.5.2.

One is to facilitate the introduction (in column 2 of the Table) of the new separation distances from the centreline of an aircraft parking position to the centreline of a parallel aircraft parking taxilane.

The other (concerning the use of asterisks) is to clarify the operation of an existing condition for Code letter E and F aircraft in relation to the separation distance from the wingtip of an aircraft on an aircraft parking position, to an object.

Thus, under paragraph 6.5.2.1A, an aircraft parking position taxilane must be separated from another aircraft parking position taxilane by a distance that is not less than that determined using the figures in column 2 of Table 6.5-1.

Under paragraph 6.5.2.1B, each minimum separation distance mentioned in column 4 of Table 6.5-1 that is accompanied by an asterisk, must be read as 10 metres if free moving parking is used. Free moving parking is parking on an apron that does not have designated parking positions.

Having assessed the new and reduced distances, CASA does not consider that they would lead to any adverse aviation safety outcomes.

Reduced taxiway strip widths

The reductions in taxiway minimum separation distances mentioned above also consequentially reduce most taxiway strip widths. The reduced taxiway strip widths are reflected in a new subsection 6.3.12 as follows:

(a)   if the taxiway’s code letter is F, the taxiway strip width must not be less than 51 m, reduced from 57.5 m;

(b)   if the taxiway’s code letter is E, the taxiway strip width must not be less than 43.5 m, reduced from 47.5 m;

(c)   if the taxiway’s code letter is D, the taxiway strip width must not be less than 37 m, reduced from 40.5 m;

(d)   if the taxiway’s code letter is C, the taxiway strip width must not be less than 26 m, which remains the same;

(e)   if the taxiway’s code letter is B, the taxiway strip width must not be less than 20 m, reduced from 21.5 m;

(f)    if the taxiway’s code letter is A, the taxiway strip width must not be less than 15.5 m, reduced from 16.25 m.

Legislation Act 2003

Under subsection 8 (4) of the Legislation Act 2003 (the LA), an instrument is a legislative instrument if it is made under a power delegated by the Parliament, and any provision of the instrument determines the law or alters the content of the law (rather than determining particular cases or circumstances in which the law, as set out in an Act or another legislative instrument or provision, is to apply), and the instrument has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right.

Under paragraph 98 (5A) (a) of the Civil Aviation Act 1988 (the Act), the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Under subsection 98 (5AA), an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. Under subsection 98 (5AB), an instrument issued under paragraph 98 (5A) (a) is not a legislative instrument if the instrument is expressed to apply in relation to a particular person.

MOS Part 139 was made under CASR 1998, made under section 98 of the Act. MOS Part 139 applies, according to its terms, to all aerodrome operators as a class. No express provision is made in CASR Part 139 for the MOS Part 139 to be a legislative instrument. However, it is legislative in its nature in accordance with subsection 8 (4) of the LA, and it is a legislative instrument within the terms of paragraph 98 (5A) (a).

The MOS amendment, by definition, shares the same characteristics as MOS Part 139.

The instrument is, therefore, a legislative instrument, and is subject to registration, and tabling and disallowance in the Parliament, under sections 15G, and 38 and 42, of the LA.

Consultation

The MOS amendment is designed to bring into effect amendments made to ICAO Annex 14 Edition 7 which commenced in November 2016.

For section 17 of the LA, the proposals now embodied in the MOS amendment were the subject of public and industry consultation through CASA Project AS 14/24 as part of a broad MOS Part 139 Post Implementation Review (PIR). During this consultation, various queries about the proposed MOS Part 139 amendment were raised and answered, clarifications about its operation were given, and misunderstandings were resolved.

Under the auspices of the joint CASA/industry Standards Consultative Committee Airspace and Infrastructure User Group Subcommittee Part 139 Post Implementation Review (PIR) project team, aerodrome operators, aviation industry representatives and the Australian Airports Association publically supported the proposed changes, giving them formal endorsement at the project team meeting held in Melbourne on 16 November 2016.

Further changes to the Part 139 MOS are pending under the PIR and it is proposed that these will be the subject of consultation through the NPRM scheduled for release in February or March 2017.

However, 2 Australian international aerodromes are currently in the advanced stages of detailed design for new runways and cannot prudently make the capital commitments required in the absence of legislative confirmation of the proposed new taxiway-related distances. Since the proposed new distances are agreed, it is considered appropriate in the circumstances to proceed with them separately in advance of the broader NPRM. This will enable the relevant aerodrome operators to obtain final design approval, and progress to the relevant construction phase for their projects.

Office of Best Practice Regulation (OBPR)

OBPR has assessed the impact of the proposed changes and has determined that a Regulation Impact Statement is not required (OBPR id: 21408).

Statement of Compatibility with Human Rights

The Statement in Appendix 1 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The MOS amendment 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

The MOS amendment commences on the day after registration.

Making

The MOS amendment has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

[Manual of Standards Part 139 Amendment Instrument 2017 (No. 1)]

Appendix 1

Details of the Manual of Standards Part 139 Amendment Instrument 2017 (No. 1)

1 Name of instrument

 Under this section, the instrument is the Manual of Standards Part 139 Amendment Instrument 2017 (No. 1).

2 Commencement

  Under this section, the instrument commences on the day after registration.

3 Amendment of the Manual of Standards Part 139

 Under this instrument, Schedule 1 amends the Manual of Standards (MOS) – Part 139 Aerodromes, in this instrument referred to as MOS Part 139.

Schedule 1 Amendments — MOS Part 139

Amendment No. 1 substitutes a new subsection 6.3.12 to reduce the minimum width of taxiway strips as discussed above.

Amendment No. 2 substitutes a new Table 6.3-5, Taxiway minimum separation distances, with Notes. The Notes are in effect unchanged from those that appeared in Table 6.3-5 before it was amended                                                         . The only changes from the previous version of the Table are those discussed above.

Amendment No. 3 substitutes a new Table 6.5-1, Aircraft parking positions – minimum separation distance. The only changes from the previous version of the Table are those discussed in the above.

Amendment No. 3 adds a new paragraph, 6.5.2.1A, under which an aircraft parking position taxilane must be separated from another aircraft parking position taxilane by a distance that is not less than that determined using the new Table 6.5-1.

Amendment No. 3 also adds a new paragraph 6.5.2.1B under which each minimum separation distance mentioned in column 4 of the new Table 6.5-1 that is accompanied by an asterisk, must be read as 10 metres if free moving parking is used. A Note explains that free moving parking is parking on an apron that does not have designated parking positions. This provision is intended merely to clarify the operation of the asterisks as they had appeared in Table 6.5-1 before it was amended.

Appendix 2

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Manual of Standards Part 139 Amendment Instrument 2017 (No. 1)

This legislative 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.

Overview of the legislative instrument

This legislative instrument amends the Manual of Standards (MOS) – Part 139 Aerodromes, to introduce modified, and generally reduced, separation distances in relation to aerodrome taxiways, taxiway strips and aircraft parking position taxilanes.

Human rights implications

The legislative 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.

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority