Federal Register of Legislation - Australian Government

Primary content

CASA EX06/16 Exemptions as made
This instrument exempts, to a limited extent, foreign registered aircraft that have certain authorisations issued by the applicable national aviation authority from the requirement to comply with the direction in paragraph 7.2 of Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) Instrument 2014.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 22 Jan 2016
Tabling HistoryDate
Tabled HR02-Feb-2016
Tabled Senate02-Feb-2016
Date of repeal 01 Dec 2017
Repealed by CASA EX158/17 - Exemption - RNP 1 and RNP 2 alternate means of compliance - foreign registered aircraft

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption – GNSS-based RNAV 1 and RNAV 2 instead of RNP 1 and RNP 2 – foreign registered aircraft

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Paragraph 98 (5A) (a) of the Act provides that the Regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft.

 

Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) Instrument 2014 (CAO 20.91)

CAO 20.91 provides instructions and directions for performance-based navigation (PBN) of aircraft.

 

Under paragraph 4.1 of CAO 20.91, the abbreviation RNAV is defined to mean Area Navigation and the abbreviation RNP is defined to mean Required Navigation Performance.

 

Subsection 6 of CAO 20.91 provides that the instructions and directions in CAO 20.91 apply to the operation of an Australian aircraft that uses PBN in Instrument Flight Rules (I.F.R.) flights, and to foreign registered aircraft, where expressed to do so. It states that CAO 20.91 contains instructions to pilots in command for I.F.R. flights, specifying the method by which an aircraft engaged in PBN is to be navigated, and directions to pilots in command and operators in relation to the conduct of I.F.R. flight using a PBN navigation specification mentioned in subsection 7.

 

Under paragraph 7.1 of CAO 20.91, the instructions and directions in CAO 20.91 apply to the operation of an Australian aircraft that uses 1 or more specified PBN navigation specifications, including RNP 2, RNP 1, and RNAV 1 and RNAV 2, in I.F.R. flight.

 

Under paragraph 7.2, foreign registered aircraft operating into or out of, and within, the Brisbane or Melbourne Flight Information Regions are directed to have authorisations equivalent to those for Australian registered aircraft under CAO 20.91 issued by the National Aviation Authority of their State of Registration or State of the Operator, as applicable (the applicable NAA).

 

Exemptions

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations or a provision of the Civil Aviation Orders (CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.

 

Background

Historically, aircraft navigation specifications have been specified directly in terms of sensors, being navigation beacons and waypoints. A navigation specification that includes an additional requirement for on-board navigation performance monitoring and alerting is referred to as an RNP specification. One not having such requirements is referred to as an RNAV specification.

 

Aircraft RNP and RNAV systems performance requirements are defined in terms of accuracy, integrity, availability, continuity, and functionality required for the proposed operations in the context of a particular airspace, when supported by the appropriate navigation infrastructure.

 

From 4 February 2016, Global Navigation Satellite System (GNSS) navigation equipment is mandatory for all I.F.R. operations in Australia. From 26 May 2016, the Back-Up Navigation Network will be established with the consequential route and procedure changes effective from that date. Among the changes being made, the standard navigation specification for continental en route operations will be RNP 2 and the standard navigation specification for terminal instrument flight procedures (Standard Instrument Departures and Standard Terminal Arrival Routes (SIDs and STARs)) will be RNP 1.

 

CASA has become aware of administrative difficulties for foreign operators in obtaining the required navigation authorisations for RNP 1 and RNP 2 from the applicable NAA. These difficulties arise for various reasons, including that the European Aviation Safety Agency has not published airworthiness standards for RNP 2 and, therefore, aircraft manufacturers are not able to include RNP 2 in the aircraft flight manual (AFM) list of navigation specifications for which the aircraft is compliant. Also, many State regulators do not have RNP 2 regulations in place upon which to base the issue of a navigation authorisation, or they are not able to issue an authorisation because the AFM does not list RNP 2.

 

RNP 2 is a relatively new navigation specification, so it is not yet included in the current regulations of many States. It is expected that, over time as more applications of RNP 2 emerge, the situation will resolve itself.

 

CASA conducted an analysis in which the RNAV 1 and RNAV 2 navigation specification was compared with the RNP 1 and RNP 2 navigation specifications. The analysis showed that, if the radio (rather than GNSS) updating function of the RNAV 1 and RNAV 2 specification, and the optional functions of the RNP 1 and RNP 2 specifications, are disregarded, the performance and functional requirements of RNP 1 and RNP 2 are the same as the performance and functional requirements of RNAV 1 and RNAV 2. Consequently, CASA has formed the view that, as an interim measure, a GNSS-based RNAV 1 and RNAV 2 authorisation can be used instead of RNP 1 and RNP 2 authorisations. A limitation is that optional functions of the RNP specifications cannot be implemented in Australia for aircraft relying on the exemption in this instrument.

 

Instrument

The exemption is to allow foreign registered aircraft to operate on RNP 2 routes and conduct RNP 1 terminal instrument flight procedures (SIDs and STARs) that they would not otherwise be able to undertake because of the direction in paragraph 7.2 of CAO 20.91. However, to ensure comparable navigation performance, the exemption only applies to aircraft for which the operator has authorisations, issued by the applicable NAA, equivalent to RNAV 1 and RNAV 2 based on GNSS as the primary navigation sensor.

 

The exemption is subject to conditions imposed in the interests of the safety of air navigation. The conditions include a requirement that the operator ensure that the aircraft complies with the requirements for implementing RNAV 1 and RNAV 2 using GNSS contained in the relevant Chapter of the PBN Manual made by the International Civil Aviation Organization. The operator must notify CASA, using the specified form, of its intention to operate on an RNP 2 route or conduct an RNP 1 terminal instrument flight procedure (SIDs and STARs) using RNAV 1 and RNAV 2 based on GNSS. The flight plan for the operation must include a remark indicating that the flight is conducted utilising the alternative means of compliance, that CASA has allowed by this instrument, with the requirement for an RNP authorisation.

 

Legislative Instruments Act 2003 (the LIA)

Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.

 

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of aircraft, namely, foreign registered aircraft for which the operator has a particular type of authorisation and which is operating on particular routes or conducting particular procedures. The instrument is, therefore, a legislative instrument.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

In late 2015, CASA became aware that operators of foreign registered aircraft would have administrative difficulty meeting the Australian RNP 2 navigation authorisation requirement. CASA received enquiries from operators whose applicable NAA could not issue them with RNP 2 authorisations.

 

CASA has made this instrument as an interim measure to alleviate that difficulty and to facilitate operations by foreign operators. There is no adverse impact on Australian operators as CASA has the ability to assess aircraft, determine compliance with the RNP 1 and RNP 2 requirements and issue RNP 1 and RNP 2 authorisations for Australian aircraft.

 

CASA considered an alternative approach of changing the applicable navigation specifications. However, changing the applicable navigation specifications would have caused major problems for Australia since work on aeronautical charts and the Aeronautical Information Package has been in progress for well over a year. A lesser navigation specification would have disadvantaged compliant Australian operators.

 

During the development of the policy upon which the instrument is based, foreign operators and industry bodies, including the International Air Transport Association (IATA), were consulted. IATA is the trade association for the world’s airlines, representing some 260 airlines and helping to formulate industry policy on critical aviation issues. These operators and bodies supported the approach being taken.

 

Airservices Australia (AA) became aware of the difficulties many foreign operators were having in obtaining RNP 1 and RNP 2 navigation authorisations from the applicable NAAs. AA agreed that CASA’s proposed solution, reflected in this instrument, is a feasible interim solution for the approximately 2 years it will take for the situation to resolve itself.

 

In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

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

 

The instrument commences on the day of registration. It expires at the end of January 2018, as if it had been repealed by another instrument.

 

[Instrument number CASA EX06/16]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption – GNSS-based RNAV 1 and RNAV 2 instead of RNP 1 and RNP 2 – foreign registered aircraft

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

The legislative instrument exempts, to a limited extent, foreign registered aircraft that have certain authorisations issued by the applicable national aviation authority (NAA) from the requirement to comply with the direction in paragraph 7.2 of Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) Instrument 2014 (CAO 20.91).

 

Under paragraph 7.2 of CAO 20.91, foreign registered aircraft operating on Required Navigation Performance (RNP) 2 routes and conducting RNP 1 terminal instrument flight procedures (Standard Instrument Departures and Standard Terminal Arrival Routes) are required to have the equivalent of RNP 2 and RNP 1 authorisations issued by the applicable NAA.

 

The legislative instrument permits foreign registered aircraft to operate on RNP 2 routes and conduct RNP 1 procedures, if the operator has authorisations for the aircraft, issued by the applicable NAA, that are equivalent to Area Navigation (RNAV) 1 and RNAV 2 based on using Global Navigations Satellite System (GNSS) equipment as the primary navigation sensor. This alternative authorisation ensures comparable navigation performance.

 

The exemption is subject to conditions imposed in the interests of the safety of air navigation. The conditions include a requirement that the operator ensure that the aircraft complies with the relevant international standards. The operator must notify CASA of its intention to operate on an RNP 2 route or conduct an RNP 1 procedure using RNAV 1 and RNAV 2 based on GNSS. The flight plan for the operation must contain a remark indicating that the flight is conducted utilising the alternative means of compliance, provided by this instrument, with the requirement for an RNP authorisation.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

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

Civil Aviation Safety Authority