Proposed amendment to Part 173 Manual of Standards Terminal Instrument Flight Procedure (TIFP) flight revalidation interval - (CD 2205AS)

Closed 22 Jul 2022

Opened 8 Jul 2022

Contact

Air Traffic Management Systems Standards

131757

regulatoryconsultation@casa.gov.au

Feedback updated 6 Sep 2022

We asked

We asked people to provide feedback on a proposal that would extend the period within which terminal instrument flight procedures (TIFPs) are revalidated by CASA from 3 to 5 years. The consultation has now closed, and a summary of the feedback is provided below.

About this consultation
From 8 July 2022, CASA consulted on a proposal to amend paragraph 6.1.4.2 of the Part 173 Manual of Standards (MOS) that requires all TIFPs to be revalidated by CASA at intervals not exceeding 3 years. In line with ICAO Annex 11 and PANS-OPS Volume II, the proposal was to amend the MOS provision so that all TIFPs are revalidated at intervals not exceeding 5 years.

The consultation closed on 22 July 2022 and there were 14 responses. Respondents included 2 unknown/unspecified respondents, 1 air operator, 1 aerodrome industry consultant, 1 aircraft owner, 1 pilot, 1 air traffic controller, and 7 Part 173 certified flight procedure design organisations. Eleven respondents consented to having their comments published and 3 requested their submissions be kept confidential.

You said

The consultation survey asked respondents whether they agree with and support the proposed amendment that all TIFPs are revalidated at intervals not exceeding 5 years.

All the respondents agreed that it is a good idea to align this regulatory amendment to existing ICAO Standards and Recommended Practices (SARPS). The respondents were in favour of the proposed change and overall supported the proposal.

Summary of feedback

Proposal – Amend the flight revalidation interval standards in section 6.1.4 of the Part 173 MOS
Responses were positive and constructive. Generally, respondents were in favour of the proposed change and supported the extension of the flight revalidation interval from the current not exceeding 3 years to not exceeding 5 years to align with ICAO SARPS. Most respondents agreed that the proposed change would reduce the cost of compliance for the industry without affecting safety.

One respondent provided no feedback on this proposed amendment.

Another respondent, although supporting the alignment with ICAO SARPS, felt by changing the time interval from three to five years would allow for hazards to go unchecked for longer.

CASA's response
Paragraph 6.1.5.1 of the Part 173 MOS states:

Before the effective publication date of a TIFP, the certified designer must forward to the aerodrome operator for which a procedure has been designed, diagrams and obstacle data sufficient to enable the aerodrome operator to fulfil obligations to report and monitor obstacles in the vicinity of an aerodrome as required under Part 139 of CASR.

There are no differences in obstacle monitoring and reporting regimes as obstacle restrictions and limitations are required by Chapter 7 of the Part 139 MOS.

Chapter 7 of the Part 139 MOS relates to obstacle restrictions and limitations. It requires an aerodrome operator to monitor the manoeuvring area of, and the airspace around, an aerodrome; maintain them free from obstacles in accordance with the Part 139 MOS; and report new or changed critical obstacles to the certified procedure designer.

Under section 7.03 of the Part 139 MOS, an aerodrome operator must establish and monitor the obstacle limitation surfaces (OLS). OLS means a series of planes, associated with each runway at an aerodrome, that defines the desirable limits to which objects or structures may project into the airspace around the aerodrome so that aircraft operations at the aerodrome may be conducted safely applicable to the aerodrome, and, as far as possible, ensures that the OLS within the aerodrome boundary is maintained clear of obstacles.

Under subsection 7.20 (3) of the Part 139 MOS the aerodrome operator must inform the certified designer of a TIFP at the aerodrome of the following:

  (a)  any change in the status of an existing critical obstacle;
  (b)  any proposed development that is to be higher than the critical obstacles within the area depicted by the designer;
  (c)  any new object or structure that is higher than the critical obstacles within the area depicted by the designer.

Therefore, CASA has assessed that extending the intervals at which CASA must conduct a flight revalidation of a TIFP does not impose any new obligations on TIFP design organisations, aerodrome operators or airspace users.

We did

Overall, the respondents were in favour of the proposed change and strongly supported the proposal. CASA will now undertake to implement the changes in the Part 173 MOS.

CASA is also currently undertaking a complete Post Implementation Review of the Part 173 MOS (Project AS 04/02 - CASR PART 173 - Review of CASR Part 173 Manual of Standards (MOS) - Instrument Flight Procedure Design) and will further update the existing Part 173 MOS as a result of more discussions with industry.

Published responses

View submitted responses where consent has been given to publish the response.

Overview

Part 173 of the Civil Aviation Safety Regulations 1998 (CASR) provides the regulations that apply to the design of TIFPs by a certified procedure design organisation (PDO). CASA’s regulatory framework, in particular Part 173 of CASR, is designed to achieve and maintain the strategic objectives of the International Civil Aviation Organization (ICAO) in relation to the safe, regular instrument flight operations at all aerodromes where instrument flight procedures are carried out.

For quality assurance purposes, the Part 173 Manual of Standards (MOS) stipulates the processes to be followed and completed in designing a TIFP, including the revalidation interval of a TIFP. These processes are supported by ICAO Annex 11, ICAO Doc 8618 - PANS-Aircraft Operations Vol. II and ICAO Doc 9906 - Quality Assurance Manual for Flight Procedure Design.  

Part 173 MOS requires that all TIFPs are revalidated by CASA at intervals not exceeding 3 years. ICAO recommends that all TIFPs are revalidated at intervals not exceeding five years:

  • Annex 11 Appendix 7 paragraph 6. state responsibilities concerning the maintenance and periodic review of a TIFP:

A State shall ensure that maintenance and periodic review of instrument flight procedures for aerodromes and airspace under the authority of the State are conducted. Each State shall establish an interval for periodic review of instrument flight procedures not exceeding five years.

Note — Guidance on maintenance and periodic review is contained in the Quality Assurance Manual for Flight Procedure Design (Doc 9906).

  • ICAO Doc 8168 Vol. II PANS-Aircraft Operations (PANS-OPS) Part I — Section 2, Chapter 4, Paragraph 4.4.3 state the maximum interval with regards to the revalidation interval of a TIFP:

Published procedures shall be subjected to a periodic review, including validation, to ensure that they continue to comply with changing criteria, to confirm continued adequate obstacle clearance and that they meet user requirements. The individual States shall establish the interval for periodic review of instrument flight procedures according to the needs of the State. The maximum interval for this review is five years.

Proposed amendment

In line with ICAO Annex 11 and ICAO Doc 8618 – PANS-Aircraft Operations Vol. II, CASA proposes to amend Chapter 6 of the Part 173 MOS for TIFPs to be revalidated at intervals not exceeding 5 years instead of the current 3 year interval requirement.

Why your views matter

We are consulting to ensure that the proposed new standard reflects the policy outcomes supported by the aviation industry. Your feedback will assist us in meeting our commitment to provide legislation that is accurately based on the agreed policy outcomes.

We welcome comments from every sector of the community. This includes the general public, government agencies and all sectors of the aviation industry, whether as an aviator, aviation consumer and/or provider of related products and services.

Please submit your feedback through the Consultation Hub using the survey provided. If you are unable to provide feedback this way, please contact us for advice through regulatoryconsultation@casa.gov.au

What happens next

At the end of the response period, we will review each comment and submission received. We will make all submissions publicly available on the CASA website, unless you request your submission remain confidential. We will also publish a summary of consultation which summarises the feedback received and outlines next steps.

Relevant feedback that identifies divergences from the agreed policies will be considered and changes made as required to ensure an outcome that accurately embodies the agreed policies.

We have set a tentative date of August 2022 to make the proposed rule. The feedback we receive from this consultation will also assist us in developing implementation and transition timeframes.

CASA will prepare and submit a Preliminary Assessment for the proposed change to the Office of Best Practice Regulation (OBPR) and will prepare a Regulation Impact Statement if required by the OBPR.

What happens next

At the end of the response period, we will review each comment and submission received. We will make all submissions publicly available on the CASA website, unless you request your submission remain confidential. We will also publish a summary of consultation which summarises the feedback received and outlines next steps.

Relevant feedback that identifies divergences from the agreed policies will be considered and changes made as required to ensure an outcome that accurately embodies the agreed policies.

We have set a tentative date of August 2022 to make the proposed rule. The feedback we receive from this consultation will also assist us in developing implementation and transition timeframes.

CASA will prepare and submit a Preliminary Assessment for the proposed change to the Office of Best Practice Regulation (OBPR) and will prepare a Regulation Impact Statement if required by the OBPR.

Audiences

  • Air operators
  • Pilots
  • Part 173 of CASR Certified/Authorised Instrument Flight Procedure Designer Aerodrome
  • CASA aerodrome inspector
  • Aerodrome industry consultant
  • Aerial work operator

Interests

  • Airspace and infrastructure
  • Operational standards