1. No category

NOTICE OF PROPOSED
RULE MAKING
Unserviceability markings and ground
signals
Issued for public consultation by
CASA’s Standards Division
NPRM 1411AS – December 2014
Project Number: AS 12/18
UNSERVICEABILITY MARKINGS AND GROUND SIGNALS
Audience
This Notice of Proposed Rule Making (NPRM) will be of interest to:
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Aerodrome Operators
Airlines
Aircraft Operators
AOC Holders
Air Traffic Management Service Providers
Amendment
Part 139 Manual of Standards (MOS)—Aerodromes:
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
subsection 8.3.8—Threshold Markings.
section 8.9—Marking of Unserviceable and Work Areas.
Response date
The Civil Aviation Safety Authority (CASA) is responsible under the Civil Aviation Act 1988 for,
amongst other functions, developing and promulgating appropriate, clear and concise aviation
safety standards. CASA must, where appropriate, consult with government, commercial,
industrial, consumer and other relevant bodies and organisations in the performance of this
function and the exercise of its powers.
Civil Aviation Act 1988 Subsection 9(1)(c) and Section 16
This NPRM contains a proposed new regulation, or proposed amendment to existing
regulations, that may be pursued as a future regulatory change.
No action will be taken until all responses and submissions have been considered. To ensure
clear and relevant safety standards, we need the benefit of your knowledge as an aviator,
aviation consumer and/or provider of related products and services.
You can help by completing the NPRM Response Form and returning it to CASA by 27
February 2015.
NPRM 1411AS
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UNSERVICEABILITY MARKINGS AND GROUND SIGNALS
Foreword
This NPRM is issued by CASA with a view to ensuring that Australian aviation safety
requirements are current and appropriately address safety risks.
CASA’s policies require that the aviation safety regulations must:
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be necessary to address known or likely safety risks
provide for the most efficient allocation of Industry and CASA resources
be clear and concise
where appropriate, be aligned with international standards and drafted in outcome
based terms.
Part 139 of the Civil Aviation Safety Regulations (CASR) addresses aerodrome design and
operation standards. This amendment to the Part 139 MOS addresses unserviceability markings
and ground signals.
Six metre by six metre unserviceability markings (white crosses) were deployed at Perth airport
in 2008 during works on the runway. Workers were on the runway when an international flight
attempted to land on the closed section. On a subsequent attempt, the pilot still aimed for the
closed section of the runway but overflew the workers to land on an open section beyond the
closed section of runway.
The Australian Transport Safety Bureau (ATSB) investigation into this incident (ATSB AO-20080331) determined that the size of the unserviceability markers was inadequate and
recommended that CASA review and amend the Part 139 MOS to require the use of larger
markings.
The objective of this NPRM is to propose amendments to Chapter 8 of the Part 139 MOS to
closer reflect the Standards and Recommended Practices (SARP) for Annex 14, Aerodromes to
the Convention on International Civil Aviation (the Chicago Convention) associated with the use
of unserviceability markings.
I would like to thank you for your interest in this proposal. I emphasise that no rule changes will
be undertaken until CASA has considered all NPRM responses and submissions received by the
closing date.
Nicholas Ward
A/Executive Manager
Standards Division
December 2014
1
Available online at
http://www.atsb.gov.au/publications/investigation_reports/media/2008/AAIR/pdf/AO2008033.pdf
NPRM 1411AS
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UNSERVICEABILITY MARKINGS AND GROUND SIGNALS
Contents
1
2
3
4
Reference material
4
1.1
Acronyms and abbreviations
4
1.2
References
4
Industry consultation
5
2.1
ATSB recommendation
5
2.2
Consultation on this NPRM
5
Proposed change
6
3.1
Background
6
3.2
Case for change
6
3.3
CASA’s preferred option for change
6
3.4
Key change proposals
6
Implementation and review
8
4.1
Implementation timeframes
8
4.2
Transition and post-implementation reviews
8
Annex A
Annex B
NPRM 1411AS
NPRM response form
Proposed Manual of Standards Part 139 Amendment Instrument
2015 (No.x)
A1
B1
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UNSERVICEABILITY MARKINGS AND GROUND SIGNALS
1
Reference material
1.1
Acronyms and abbreviations
The acronyms and abbreviations used in this NPRM are listed in the table below.
Acronym / abbreviation
Description
ATSB
Australian Transport Safety Bureau
CAR 1988
Civil Aviation Regulations 1988
CASA
Civil Aviation Safety Authority
CASR 1998
Civil Aviation Safety Regulations 1998
ICAO
International Civil Aviation Organization
NFRM
Notice of Final Rule Making
NPRM
Notice of Proposed Rule Making
SCC
Standards Consultative Committee
SOR
Summary of Responses
1.2
References
Regulations
Regulations are available on the ComLaw website http://www.comlaw.gov.au/Home
Document
Title
Civil Aviation Act 1988
Part 139 of CASR
Aerodromes
Part 139 MOS
Aerodromes
International standards
Document
Title
Annex 14 to the Chicago
Convention
Aerodromes
Reports
Document
Title
Annex 14 to the Chicago
Convention
Aerodromes
NPRM 1411AS
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UNSERVICEABILITY MARKINGS AND GROUND SIGNALS
2
Industry consultation
2.1
ATSB recommendation
CASA developed this NPRM in response to ATSB recommendations that Australia change the
standards for unserviceability marking to be ICAO2-compliant. The amendments proposed in this
document directly address the deficiencies outlined in the ATSB report and have not been
previously consulted with industry.
2.2
Consultation on this NPRM
CASA is required to register and review each comment and submission received, but will not
individually acknowledge a response unless specifically requested to do so. A summary of the
comments provided in each submission will be published without attribution in a Summary of
Responses (SOR), typically provided as an Annex to the subsequent Notice of Final Rule
Making (NFRM). If consent is provided, the contributor’s name will additionally be published as a
List of Respondents, typically provided in the subsequent NFRM.
At the end of the response period for public comment, all submissions will be analysed,
evaluated and considered. Subsequent to the closing date for comments, an NFRM (including a
SOR) will be prepared and published in conjunction with the making of the Final Rule.
2
International Civil Aviation Organization
NPRM 1411AS
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UNSERVICEABILITY MARKINGS AND GROUND SIGNALS
3
Proposed change
3.1
Background
The current Part 139 MOS permits aerodrome operators to use a smaller 6 m unserviceability
marking (cross) to indicate a closed section of runway if:
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the runway is Code 1 or 2
the runway is Code 3 except for multiple and parallel runway configurations
a temporary closure of a Code 3 or Code 4 runway (up to 30 days) is required.
It is very difficult for pilots to see this small unserviceability marking when on approach to a wide
runway, which may lead the pilot to attempt a landing on the closed section. Annex 14 to the
Convention on International Civil Aviation (the Chicago Convention) provides characteristics for
a white 36 m marking (cross) for runways and a yellow 9 m marking (cross) for taxiways.
3.2
Case for change
In 2008, a Boeing 737-800 aircraft attempted to land on a closed section of a 45 m wide runway
that was occupied by workers and construction equipment. As part of its investigation into the
incident, the ATSB met with CASA officers to discuss the safety benefits of Australia adopting
the ICAO-recommended 36 m closed runway markings. In response to that meeting, CASA
provided an undertaking to the ATSB that:
any changes to runway marking standards will be subject to mandatory consultation
with industry. The proposal for the use of the ICAO recommended 36 m closed runway
markings will be incorporated into the Part 139 amendment work program.
3.3
CASA’s preferred option for change
CASA intends to comply with the ATSB AO-2008-033 recommendations and align with Annex
14 standards and recommended practices (SARPs) for unserviceability markings. Consequently,
CASA proposes to amend the Part 139 MOS so that the use of small 6 m unserviceability
marking will no longer be permitted.
CASA has prepared a Preliminary Impact Assessment for consideration by the Office of Best
Practice Regulation (OBPR). CASA will prepare a Regulation Impact Statement if required by
OBPR.
3.4
Key change proposals
The key proposed changes, as detailed in the draft amendment instrument (Annex B), are:
Key Proposal 1: Full size (36 m) unserviceability markings would be used on all runways
greater than 23 m in width. The smaller 9 m unserviceability markings would be used on
runways 23 m or less in width and also on taxiways.
Key Proposal 2: To align with the ICAO SARPs for unserviceability markings, the 9 m
unserviceability markings on taxiways would be yellow (as opposed to the current white) to
differentiate these from the white markings used on runways.
NPRM 1411AS
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UNSERVICEABILITY MARKINGS AND GROUND SIGNALS
Key Proposal 3: Aerodromes with Air Transport Operations below 5,700 kg and aerodromes
without Air Transport Operations to be granted a 12 month transition period to provide the
compliant sized markings.
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UNSERVICEABILITY MARKINGS AND GROUND SIGNALS
4
Implementation and review
4.1
Implementation timeframes
Following consideration of responses to this NPRM, CASA will prepare a SOR and make
revisions to the draft MOS amendments where considered necessary.
CASA will further analyse the nature and extent of the impact that these changes will have on
operators and pilots to ensure an adequate timeframe is given for implementation. A preliminary
date for the proposed rules to be made is the first quarter of 2015, with the proposed rules
coming into effect during 2015. Please note that these dates may change depending on when
the draft rules are signed, registered and set to commence.
4.2
Transition and post-implementation reviews
CASA will monitor and review the new rules on an ongoing basis during the transition phase.
Thereafter, following the commencement of the rules, CASA will conduct post-implementation
monitoring and reviews as needed, or every 2-3 years as prescribed by Government guidelines.
NPRM 1411AS
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Additional information is available from:
Darren Angelo
CASR Part 139 Project Leader
Post (no stamp required in Australia)
Reply Paid 2005
Standards Division
Civil Aviation Safety Authority
Canberra ACT 2601, Australia
Email
[email protected]
Telephone
Australia 03 9927 5354 or
131 757 (for the cost of a local call)
International +61 3 9927 5354