Manual of Standards Part 172 Amendment (No. 1) 2006

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Legislation au F2006L00929 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Manual of Standards Part 172 Amendment (No. 1) 2006

 

Section 98 (1) of the Civil Aviation Act 1988 (the Act) provides that 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). Part 172 of CASR 1998 deals with Air Traffic Service (ATS) Providers. Under subregulation 172.022 (1), CASA may issue a Manual of Standards (MOS) for Part 172 setting out the standards for an ATS provider, its facilities and equipment, and its training and checking. CASA has issued MOS Part 172 (MOS) for this purpose.

 

Airservices Australia (AA) proposes to deploy Automatic Dependent Surveillance – Broadcast (ADS-B) services across Australia in a project known as the Upper Airspace Program (UAP).

 

ADS-B is a new technology that enhances air traffic management with radar-like air traffic control and enhances situational awareness on the flight deck. Its use increases aircraft safety and makes more efficient use of airspace through enhanced airspace surveillance. Enhanced airspace surveillance is possible because ADS-B costs less to install compared to traditional radar systems and has less stringent siting requirements in terms of building infrastructure and power. Therefore, in many parts of the world, ADS-B can be provided in areas previously deemed either not cost-efficient or not physically possible to install radar. In areas across Australia not covered by radar, the AA project intends to introduce high performance surveillance coverage.

 

The International Civil Aviation Organization (ICAO) is considering the future application of ADS-B in air traffic management. ICAO’s Separation and Airspace Safety Panel (SASP) has agreed on separation standards and general operating procedures. However, the requirements for worldwide consultation and acceptance means that it will be at least 2 years before ADS-B is officially promulgated in ICAO Standards.

 

To permit expeditious implementation of the UAP, in Manual of Standards Part 172 Amendment (No. 1) 2006 (the MOS Amendment), CASA is introducing operating standards in advance of ICAO. The intention is to ensure the safety of air navigation when ADS-B is used in the provision of air traffic services. The standards are based on the outcomes of an ADS-B trial conducted in the Bundaberg area, Queensland and on the US experience with the Capstone Project in Alaska. The standards in the MOS Amendment are also consistent with the latest drafts of the proposed ICAO standards and will, therefore, comply as far as possible with the future international standards.

 

For consultation purposes, on 25 October 2005 CASA published Notice of Proposed Change NPC 172/02, Proposed Amendments to Manual of Standards Part 172 – Air Traffic Service Providers. The period for public comment on the proposal closed on 5 December 2005. CASA received 1 response to the NPC. This was in the form of comments and suggestions from AA all of which were considered by CASA and many of which were adopted in the form of modified wording during the drafting of the MOS Amendment.

 

The MOS Amendment provides definitions for new expressions and abbreviations relating to ADS-B, in particular providing a more generic definition for ATS surveillance systems. By appropriate substitution of newly defined expressions, the MOS Amendment enables existing regulatory arrangements within the MOS to apply also to ADS-B. New provisions set out the conditions for the use of ADS-B, the separation minima to be applied between aircraft under ADS-B surveillance, the requirements for verifying any aircraft vertical position information provided by ADS-B, and  the methods that must be used to identify aircraft using ADS-B and transfer such identification between control sectors. Some provisions are renumbered to produce a more logical arrangement and the wording of some provisions is revised to make the meaning clearer without altering the original intent.

A consequential amendment, with which AA has agreed, is made to make the separation minima for leaving a level using ADS-C, as set out in subsection 10.7.7.3, consistent with the corresponding separation minima in new section 10.2.4A.2 for SSR and ADS-B. (For publication, the latter will be renumbered as 10.2.4.2.)

 

Legislative Instruments Act

Under subsections 98 (5A) and (5B) of the Act, MOS Part 172 was declared to be 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 under legislation in force before the commencement of the LIA. The Amendment is, therefore, a legislative instrument and it is 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 taken place in the usual way under the Notice of Proposed Change process referred to above. Submissions received within the time limit for comment were taken into account.

 

Although it will represent a significant safety enhancement, the changes made by the MOS Amendment are legislatively minor or machinery in nature and will not substantially alter existing arrangements. For these reasons, the Office of Regulation Review does not require a Regulation Impact Statement.

 

The instrument commences on the day after it is registered.

 

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.

 

 

[Manual of Standards Part 172 Amendment (No. 1) 2006]

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and the regulation of air traffic service (ATS) providers in Australia. Specifically, the Manual of Standards Part 172 Amendment (No. 1) 2006 was introduced to address the need for updated standards to accommodate the deployment of Automatic Dependent Surveillance – Broadcast (ADS-B) services across Australia, as proposed by Airservices Australia (AA) in the Upper Airspace Program (UAP). The amendment was made under the authority of section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The policy objective of the amendment is to ensure the safe implementation of ADS-B technology in the provision of air traffic services, ahead of the international standards expected to be promulgated by the International Civil Aviation Organization (ICAO). This was achieved by introducing new operating standards based on successful trials and international experience, which are designed to be consistent with future ICAO standards.

Scope and Application

The Manual of Standards Part 172 Amendment (No. 1) 2006 amends the Civil Aviation Safety Regulations 1998 to introduce operating standards for the deployment of Automatic Dependent Surveillance – Broadcast (ADS-B) services across Australia, specifically in the context of the Upper Airspace Program (UAP) by Airservices Australia. This amendment applies to Air Traffic Service (ATS) providers, their facilities, equipment, and training and checking standards, aiming to ensure the safety of air navigation as stipulated under Section 98 of the Civil Aviation Act 1988. The amendment encompasses the entire Australian airspace, facilitating the deployment of ADS-B services in areas previously not covered by traditional radar systems. The standards introduced are consistent with the latest drafts of the proposed International Civil Aviation Organization (ICAO) standards, ensuring alignment with future international norms. This amendment, being a legislative instrument, is subject to the Legislative Instruments Act 2003, and it was subject to public consultation through the Notice of Proposed Change process, with feedback from Airservices Australia incorporated into the final form of the amendment.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) (Part 172) outline the standards for Air Traffic Service (ATS) providers, including the use of Automatic Dependent Surveillance – Broadcast (ADS-B) services. Section 172.022(1) of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue a Manual of Standards (MOS) detailing the requisite standards for ATS providers, their facilities, equipment, and training. The Manual of Standards Part 172 Amendment (No. 1) 2006 (MOS Amendment) introduces new standards for the deployment of ADS-B services by Airservices Australia (AA) under the Upper Airspace Program (UAP), aiming to enhance air traffic management and situational awareness, thereby improving aircraft safety and airspace efficiency. The MOS Amendment introduces a number of new definitions and provisions to accommodate the use of ADS-B technology, ensuring that existing regulatory frameworks can apply to this new technology. The amendment sets out conditions for the use of ADS-B, establishes separation minima for aircraft under ADS-B surveillance, outlines the requirements for verifying vertical position information from ADS-B, and specifies methods for identifying aircraft using ADS-B and transferring this identification between control sectors. Additionally, it renumbers and revises some provisions to enhance clarity without changing the original intent. Entities governed by the MOS Amendment, particularly ATS providers such as AA, must comply with the new standards set forth in the MOS Amendment. This includes adhering to the newly defined conditions for using ADS-B, maintaining the specified separation minima, verifying vertical position information, and correctly identifying and transferring aircraft identification. Failure to comply with these standards may result in regulatory non-compliance, which could potentially compromise air navigation safety. The MOS Amendment does not introduce new offences, penalties, or civil/criminal consequences on its own. However, any non-compliance with the new standards may lead to regulatory action under the Civil Aviation Act 1988, including potential enforcement actions, fines, or other corrective measures by CASA. The legislative nature of the instrument, being a disallowable instrument under the Legislative Instruments Act 2003, means it is subject to parliamentary scrutiny and potential disallowance if not approved within the prescribed period.

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