ICAO Part 139 Review Aerodrome Certification Rule Design Proposal

2009 Beca NZ Airports Conference

C IL V T N U R Y N W A D

Civil Aviation Authority of New Zealand

C IL IA A O Y N W A D This presentation serves as the introduction to a draft Aerodrome Certification rule design proposal and is for the purpose of initiating discussions with industry.

This proposal does not yet constitute the CAA’s policy regarding the certification of aerodromes.

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ICAO Part 139 Review General Topics

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1.3.1 Aerodrome Aircraft movement Statistics (6/ISS/33) 1.3.4 CAR 139 Subpart E Revocation (7/ISS/14)



1.3.5 Definition of International Aerodromes (7/ISS/19)

1.3.6 Aerodrome Safety Management Systems (7/ISS/66) 1.3.7 Review of Part 139 (7/ISS/67)

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C IL IA A O Y N W A D

1.3.5 Definition of International Aerodromes (7/ISS/19)

   An International Aerodrome, by definition in Part 1, is an International Airport, which is defined in Part 1 as an “airport designated as an airport of entry and departure for international air traffic where the formalities incident to customs, immigration, public health, animal and plant quarantine, and similar procedures are carried out”.

CAR Part 139 has additional requirements for international aerodromes, and these require a significant upgrading of facilities and services.

However, unless the Chief Executive of the Customs, under the provisions of the Customs and Excise Act 1996, designates an airport as an airport of entry and departure, it does not become an international aerodrome as defined in CAR Part 1. And therefore, the additional requirements of Part 139 cannot be applied.

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C IL IA A O Y N W A D

CAA Desired Outcome:

   To remove the definition from Part 1 To refrain from using the term in the rules (except where used in proper names of airports); And where appropriate, replace with the descriptive text —

an aerodrome with scheduled “air transport operation” [movements] for the carriage of passengers to or from New Zealand

.

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C IL IA A O Y N W A D

CAA Desired Outcome:

 The application of this descriptive text wording is in the context of the current Part 139 which is applicable to “operating an aerodrome serving any aeroplane having a certified seating capacity of more than 30 passengers that is engaged in regular air transport operations” (139.5).

 “Scheduled” means The Concise Oxford English Dictionary 11 th edition Revised definition “1 forming part of a schedule (of an airline or flight) forming part of a regular service rather than specially chartered”.

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CAA Desired Outcome:

   “Air transport operation” is defined in Part 1 as an operation for the carriage of passengers or goods by air for hire or reward (with exceptions – see Part1).

The threshold of 4 in 28 days has been removed because there is no threshold associated with international aerodromes in the current rules and setting any threshold is a subject for the overall review of Part 139 (Issue 7/ISS/67).

There has been comment that the word [

movements

]

,

which is a term relevant to aerodrome operators, may not be necessary.

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ICAO Part 139 Review General Topics

C IL IA A O Y N W A D

1.3.1 Aerodrome Aircraft movement Statistics (6/ISS/33) 1.3.4 CAR 139 Subpart E Revocation (7/ISS/14) 1.3.5 Definition of International Aerodromes (7/ISS/19) 1.3.6 Aerodrome Safety Management Systems (7/ISS/66)



1.3.7 Review of Part 139 (7/ISS/67)

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C IL IA A O Y N W A D

1.3.7 Review of Part 139 (7/ISS/67)

 Part 139 requires a complete review. The rule needs to be aligned with Annex 14 specifications for aerodromes, and must address the need for certification requirements at aerodromes used for regular air transport services utilizing aircraft with a certified seating capacity of 30 or less passengers.

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CAA Desired Outcome:

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A Part 139 aligned with all other organizational rule parts that:   is up to date; is supported by standards, recommended practices, and other reference material of high accuracy and integrity;  includes requirements for safety oversight of all published aerodromes (and particularly those with regular air transport operations);  ensures (to the maximum extent possible) ongoing compliance with NZ's obligations as an ICAO Contracting State.

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Aerodrome Certification Rule Design Proposal

The following draft rule design is the latest proposal for determining aerodrome certification, as well as establishing provisions for regulatory oversight of non-certificated aerodromes.

C IL IA A O Y N W A D This proposal does not yet constitute the CAA’s policy regarding the certification of aerodromes.

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Aerodrome Certification Rule Design Proposal

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

Certificated Aerodromes 1. Certification Requirements –

 (a) [

Aerodromes

] used for [

scheduled

][

air transport

operation]s

for the carriage of passengers shall be certificated.

 (b) [

Aerodromes

] used for [

flight training

] using

[aircraft]

being operated under a Part 141 Aviation Training Organisation Certificate shall be certificated

.

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Aerodrome Certification Rule Design Proposal

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 

(a) [Aerodromes] used for [scheduled][air transport operation]s for the carriage of passengers shall be certificated.

Terms in this draft language are defined as follows:

[

Aerodromes

] (As defined in CAR Part 1) Includes all aerodromes and heliports.

 (a) means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, and surface movement of aircraft; and  (b) includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration.

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Aerodrome Certification Rule Design Proposal

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 [

scheduled

] Forming part of a schedule (of an airline or flight). Forming part of a regular service rather than specially chartered. (As defined in Oxford English Dictionary, eleventh edition, Revised)  [

air transport operation]

is defined in Part 1 as an operation for the carriage of passengers or goods by air for hire or reward (with exceptions – see Part1).

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Aerodrome Certification Rule Design Proposal

Generally, the terms in this draft language do not incorporate:

  Cargo operations.

Itinerant, charter, or non-regular passenger operations. (To be regulated by the individual operating rule for that particular flight).

C IL IA A O Y N W A D

Note: If the aerodrome is not certificated, or the appropriate data is not promulgated in the AIP, then the aircraft operator of an air transport operation for the carriage of passengers must ensure that the place intended to be used as an aerodrome has physical characteristics, obstacle limitation surfaces and visual aids commensurate with the characteristics of the aircraft being used. The aircraft operator must also determine that the aerodrome is applicable to their type of operation and continues to meet operational requirements at the time of use.

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Aerodrome Certification Rule Design Proposal

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 (b) [

Aerodromes

] used for [

flight training

] using

[aircraft]

being operated under a Part 141 Aviation Training Organisation Certificate shall be certificated

.

  

Terms in this draft language are defined as follows:

[

Aerodromes

] (As defined in CAR Part 1) [

Flight training

] (NPRM 08-02; Part 61/Part 141 proposed addition for CAR Part 1) Means aviation training conducted for the purpose of a person learning or being taught to fly an aircraft [and includes a ground training course] , flight instruction, and solo flight authorized by a flight instructor.

[

aircraft

] (As defined in CAR Part 1)

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Aerodrome Certification Rule Design Proposal Non-Certificated Aerodromes 2. Provisions for Regulatory Oversight –

Provisions for regulatory oversight by the Director of activities at non-certificated aerodromes shall be established.

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Aerodrome Certification Rule Design Proposal

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Appendix to the Rule – 3. Aerodrome Certification Specifications Levels:

 The recommendation is to address specifications for the different levels of aerodrome operation within the Appendix to the rule.  Five (5) levels are proposed:

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Aerodrome Certification Rule Design Proposal

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

Level 1

- Aerodromes used for scheduled air transport operations for the carriage of passengers to or from New Zealand (i.e.: Part 119 & Part 129 operations)

.



Level 2

- Aerodromes used for scheduled air transport operations by aircraft having a certified seating capacity of more than 30 passengers (i.e.: Part 121 operations) not covered under Level 1.

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Aerodrome Certification Rule Design Proposal

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  

Level 3

- Aerodromes used for scheduled air transport operations by aircraft having a certified seating capacity of 30 or less passengers but more than 9 passengers (i.e.: Part 125 operations).

Level 4

- Aerodromes used for scheduled air transport operations by aircraft having a certified seating capacity of 9 passenger seats or less (i.e.: Part 135 operations).

Level 5

- Aerodromes used for flight training using aircraft being operated under a Part 141 Aviation Training Organisation Certificate (i.e.: Part 141 operations).

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Questions/Comments?

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