CASA Consultation Hub

The revised Part 139 Manual of Standards (MOS) was made on 5 September 2019. The revised MOS introduces new roles of responsibility, and places further requirements on aerodrome operators to ensure appointed personnel have the appropriate competence through training, knowledge, qualifications and/or experience.

AC 139.C-02 'Aerodrome personnel' was drafted to assist aerodrome operators to:

• identify all roles and responsibilities required by the MOS
• understand the minimum level of training and assessment deemed necessary to ensure personnel appointed to carry out the required roles and responsibilities have the appropriate knowledge, qualifications and/or experience.

As past CASA surveillance activities identified a lack of understanding of other regulatory roles and responsibilities, the scope of this AC was expanded to include roles and responsibilities required under Part 99 of CASR - Drug and alcohol management plans and testing and Part 175 of CASR - Aeronautical information management.

Between 12 and 26 June 2020 aerodrome operators, consultants and internal CASA personnel, were invited to review the proposed guidance and provide comment. The consultation has closed and a summary of feedback is provided below.

Respondents

A total of 10 submissions were received—three from consultants and seven from aerodrome operators.

Seven respondents consented to their comments being made public, three requested their submission remain confidential. Of note, two respondents referred in support to another respondent's submission.

Summary of feedback

The following provides a summary of feedback received:

• Further clarity was requested about the appointment of an Accountable Manager.
• The introduction of PANS-Aerodromes raised concern, as there is no obligation under Part 139 to adopt procedural content described.
• The necessity for a qualified trainer and assessor was cited as an additional cost burden. The cost of recurrent training was also identified as a concern.
• Matters raised with respect to pilots operating airside, passenger supervision and the appointment of RV assessors who perform a specific function and who require specific assessment were not representative of the intent in which this information was provided.
• Personnel engaged to perform technical inspections was identified as being outside the scope of this AC.

All comments provided by industry have been carefully considered and incorporated into the AC where appropriate.

The AC was amended to make clear that the method to ensure personnel are competent is the prerogative of the aerodrome operator. Reference to a qualified trainer and assessor has been removed and it was reinforced that for a person to assess another's competency, that person would be required to have current or recent experience, and/or comparable relevant qualifications in the area of competency being assessed. The five year interval for recurrent training has been re-instated, with a recommended period of two years retained as best practice.

Additional guidance was provided to clarify competency requirements for contracted work safety officers (WSOs). As each aerodrome operating environment is unique, demonstrated competency extends beyond the holding of a training certificate, and there is an expectation that contracted WSOs should demonstrate knowledge and skill requirements specific to the aerodrome site in which they are performing their duties.

To support the appropriate appointment of an Accountable Manager guidance was expanded. The Accountable Manager should be a person at the highest level within the organisation who is responsible for the aerodrome certificate, and for aerodrome operations and developments. The appointee must also have the necessary knowledge and appropriate level of authority to fulfil the role.

The transitional period for existing certified and existing registered aerodromes does not extend to the appointment of personnel. Whilst there is a delay in the requirement to submit administrative documentation to CASA, an aerodrome operator is expected to have, on the date of commencement of the new rules:

• identified and assigned all roles and responsibilities that are required by the legislation
• ensured the suitability of those persons appointed.

CASA would like to thank industry for providing feedback and comments in support were appreciated.

AC139.C-02 has now been published on our website.

CASA will monitor the effectiveness of the new Part 139 of CASR and the MOS with a view for further revision if required based on industry feedback and safety outcomes. A post-implementation review is planned to occur after the end of the transition period being 13 November 2022.

Between 12 and 27 November 2019 aerodrome operators, consultants and internal CASA personnel were invited to review and provide feedback on the suitability of guidance material developed to assist aerodrome operators transitioning to the new Part 139 regulations and manual of standards (MOS), specifically:

• applying for aerodrome certification
• application of aerodrome standards.

The consultation has closed, a summary of feedback is provided below.

About this consultation

After extensive industry consultation and a recommendation provided by the Technical Working Group in support of making the new Part 139 regulations and MOS, the Part 139 MOS was made on 5 September 2019. Comments provided by two of the six respondents on the increased runway strip width provisions for Code three runways was therefore considered outside the scope of this consultation.

While CASA acknowledges there will be a different, or a 'lesser' standard in runway strip width and separation distances for existing aerodromes applying the grandfathering provision, to the standards for new facility developments, the changes align with ICAO Annex 14 and provide a safety enhancement.

Some comments regarded the content as too technical or written from a legal perspective. An inadequate timeframe for considering and preparing a review and comments were also raised.

Respondents

A total of six submissions were received, three from aerodrome operators and three from aerodrome consultants. Five consented to their comments being made public, one requested their submission remain confidential.

Summary of feedback

In addition to the responses discussed above, clarification was sought on the following:

• Application for certification:
  • cost(s) for existing aerodromes in transitioning
  • submission of an incomplete aerodrome manual at time of certification where elements are not yet known.
• Transition timeframes:
  • time limitations on grandfathering aerodrome facilities yet to be constructed were reported as contrary to that previously stated by CASA
  • acceptance of applications within three months of the new rules commencing.
• 'Grandfathering' existing aerodrome facilities:
  • the age of the aerodrome and the aerodrome operator not being aware of the standard to which the facility was constructed
  • existing registered aerodromes not required to have manuals, and therefore no records of grandfathered facilities or any commissioning documentation etc. is available
  • administrative oversight should not preclude the ability for a facility to be grandfathered.
• Definitions:
  • 'grandfathered facility' to include reference to the OLS
  • 'OLS' to be made clear that not each surface is applicable to each runway type
  • 'air transport passenger movement numbers' requires clarification as the department does not publish charter operations. Aircraft and passenger movement rates are required to be known by the aerodrome operator as these influence ATI requirements.
• Whether a TIFP includes a circling approach, likewise potential implication on instrument runway classification.
• The ability to apply new visual aids standards, clarification requested on whether this extended to aerodrome lighting.
• Application of the ARC.
• RV/RVR:
  • minima are determined by obstacle clearances not RVR
  • instrument approach procedures are determined by procedure designer
  • aerodrome operator only facilitates low visibility operations.

Comments provided by industry have been considered for both ACs and incorporated, where appropriate.

Since this consultation, CASA has refined the transition policy and industry were invited to review the proposed policy under the 'Proposed Part 139 (aerodromes) transition strategy - (PP 1916AS)' consultation. As there were no issues identified outside those provided in the transitional policy consultation please refer to the Summary of Consultation (AS 14/24) as published on the CASA website.

Additionally, following both consultations on these ACs and the transition policy, industry requested a 12-month deferment of the commencement of the new MOS. As this could prejudice aerodrome operators in the process of developing aerodrome facilities in accordance with the new regulations and MOS, this wasn't considered appropriate. However, industry was provided with an additional three months for the transition timeframes. The transition policy and three month deferment of transition timeframes were incorporated in the Civil Aviation Legislation Amendment (Part 139 Aerodromes-Transitional provisions and Consequential Amendments) Regulations 2020 (the transitional Regulations) and the Part 139 (Aerodromes) Manual of Standards 2019 (the transitional MOS). AC 139.A-03 v1.0 has been amended to incorporate the transitional Regulations and MOS.

A grandfathered facility is an existing aerodrome facility—and for a runway, its associated obstacle limitation surfaces—that fully complies with the aerodrome standards that were in force immediately before the commencement of the MOS. This applies if the aerodrome manual documents how the facility does not comply with the MOS. The administration is now less onerous, and while there is presently no requirement for existing registered aerodromes to maintain an aerodrome manual, they are currently required to maintain a record of each facility that does not comply (refer MOS para 12.1.1.2A). Likewise, there is nothing that precludes the requirement to maintain lighting commissioning documentation.

Post consultation, Manual of Standards (MOS) – Part 139 Aerodromes Amendment Instrument 2020 (No. 1) came into effect on 26 March 2020, authorising early access to all provisions in Chapter 8 and the use of inset runway edge lights in Chapter 9. AC 139.A-03 v1.0 has been updated to reflect the availability of the new MOS provisions.

In relation to AC 139.B-01 v1.0 on 'Applying for aerodrome certification', the current rules require the submission of an aerodrome manual concurrently with an application for certification. This requirement has not changed. CASA cannot make an adequate assessment for aerodrome certification on receipt of an incomplete aerodrome manual. There are no costs incurred by existing certified and registered aerodrome operators transitioning to the new rules. They will be deemed to hold a 'transitional aerodrome certificate' under the transitional Regulations and a new aerodrome certificate will be provided, at no cost, when the revised or new aerodrome manual is submitted to CASA and assessed as compliant with the new MOS.

Responsibilities associated with reduced visibility operations were made clearer and clarification was provided that an aerodrome with a circling approach is considered to have a terminal instrument flight procedure (TIFP). While a TIFP dictates whether an aerodrome is certified or not, a TIFP in itself does not dictate whether the runway is an instrument runway or not.

CASA will monitor the effectiveness of the new Part 139 of CASR and MOS Part 139 with a view for further revision if required based on industry feedback and safety outcomes. A post-implementation review is planned for after 13 November 2022 which is the end of the transition period.

In May 2019, we asked people to answer some questions regarding an airspace change proposal (ACP) to trial the lowering of Class E airspace to 5,500 feet above mean sea level (AMSL) over Ayers Rock Aerodrome. Notification of the consultation process included:

• an email sent to all pilots at the start of the consultation period and a reminder email was sent prior to the consultation period closing (approx. 40,000 pilots)
• CASA Briefing newsletter (May 2019) – reached approx. 7,000 subscribers
• being promoted via a link on the CASA home page (www.casa.gov.au) during the consultation period
• an email to advise all RAPAC members (641 individuals and organisations) that consultation had opened, and the proposal was placed on the agenda at RAPAC meetings held during the consultation period
• being promoted via CASA’s social media channels.

Consultation through CASA’s website was open for 30 days and was also available to all members of the public. Respondents included aircraft operators and airspace users, air traffic controllers and other interested persons. The process sought responses to questions which related to the background of the respondent, the nature of their operations, the impact of the change on them and their opinions on cost and safety impacts of the change.

A total of 27 respondents provided feedback to this proposal through CASA’s Consultation Hub. One written submission was received by email and not via the Consultation Hub.

Of the responses received 10 supported the proposal; 11 did not support the proposal, six were supportive but with changes (in design or altitude); one did not answer.

Feedback from the consultation hub was considered and assessed as part of the ACP process.

The proposal was submitted in response to the Minister for Department of Infrastructure and Regional Development (DIRD) - Statement of Expectations 2018-2019, which stated that ‘Airservices will work with DIRD, Civil Aviation Safety Authority (CASA) and Defence to provide options for enhancing the level of safety and efficiency of Australian controlled airspace including at major regional airports’. Non towered locations such as Ayers Rock have surveillance capability to the ground. An enhanced level of service along with segregated departure and arrival tracks could be provided to IFR aircraft, commensurate with the level of electronic surveillance.

In response to public comments, the final airspace design was reduced to lessen the impact on visual flight rules pilots and still be beneficial to instrument flight rules aircraft. The trial of Class E airspace in the vicinity of Ayers Rock Aerodrome will commence on 20 May 2020.