Instrument number CASA EX151/20

I, WARREN CRAIG MARTIN, Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin]

Craig Martin
Executive Manager, Regulatory Services & Surveillance

30 November 2020

1          Name

                 This instrument is CASA EX151/20 — RNP 1 and RNP 2 Alternate Means of Compliance (Foreign-registered Aircraft) Exemption 2020.

2          Duration

                 This instrument:

(a)   commences on 1 December 2020; and

(b)   is repealed at the end of 30 November 2022.

3          Definitions

        (1)     In this instrument:

applicable NAA, for an exempted foreign aircraft, means the National Aviation Authority for:

(a)       the aircraft’s State of Registration; or

(b)      the State of the Operator.

CAO 20.91 means Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) Instrument 2014, as in force from time to time.

exempted foreign aircraft means a foreign-registered aircraft that is:

(a)   conducting an RNP 1 terminal instrument flight procedure within the Brisbane or Melbourne Flight Information Region, if the aircraft is not covered by an authorisation equivalent to an RNP 1 authorisation issued by an applicable NAA; or

(b)   operating on an RNP 2 route into, out of, or within the Brisbane or Melbourne Flight Information Region, if the aircraft is not covered by an authorisation equivalent to an RNP 2 authorisation issued by an applicable NAA.

Note   The Brisbane and Melbourne Flight Information Regions are determined from time to time in a legislative instrument made under regulation 5 of the Airspace Regulations 2007. At the time of making this instrument, the legislative instrument is titled CASA OAR 058/20 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2020 and is freely available on the Federal Register of Legislation at https://www.legislation.gov.au/Details/F2020L01392/Download.

        (2)     In this instrument, each of the following terms has the same meaning as in CAO 20.91:

(a)   GNSS;

(b)   National Aviation Authority;

(c)   P‑RNAV;

(d)   RNAV 1;

(e)   RNAV 2;

(f)    RNP 1;

(g)   RNP 2;

(h)   RNP AR;

(i)    State of Registration;

(j)    State of the Operator;

(k)   TGL-10.

4          Exemption

        (1)     If an exempted foreign aircraft is covered by a substitute authorisation issued by an applicable NAA, the operator of the aircraft is exempt from compliance with:

(a)   the direction in paragraph 7.2 of CAO 20.91; and

(b)   subregulation 11.255 (1) of CASR, to the extent that the subregulation requires the operator of the aircraft to comply with the direction in paragraph 7.2 of CAO 20.91.

        (2)     In this section, substitute authorisation means one of the following combinations of authorisations:

(a)   RNP 1 together with:

             (i)  RNAV 1 and RNAV 2; or

            (ii)  P-RNAV;

(b)   RNP-AR together with:

             (i)  RNAV 1 and RNAV 2; or

            (ii)  P-RNAV;

(c)   P-RNAV with TGL-10, using GNSS as a primary navigation sensor;

(d)   RNAV 1 and RNAV 2, using GNSS as a primary navigation sensor.

   (3)     The exemption is subject to the conditions mentioned in section 5.

5          Conditions

     (1)     At least 7 days before first using a type of aircraft for a flight in reliance on the exemption in section 4, the operator of the aircraft must:

(a)   notify CASA that it intends to conduct the flight in the type of aircraft; and

(b)   use CASA Form 0667, as published by CASA from time to time, to notify CASA of the intention mentioned in paragraph (a).

Note   At the time of making this instrument, CASA Form 0667 is titled Notification to operate aircraft on RNP 2 routes and/or RNP 1 procedures using equivalent navigation authorisations – foreign registered aircraft and is freely available on the CASA website at https://www.casa.gov.au/sites/default/files/form667.pdf.

     (2)     The operator of an aircraft must ensure that the flight plan for each operation conducted in reliance on the exemption in section 4 includes the following statement at item 18 of the flight plan: “RMK/CASA RNP AMC”.