Safety Regulation of PBN Operations Filippo Tomasello Rulemaking officer 25 May 2011

“Specific” approval is not the “normal” solution Instrument Rated (IR) pilots normally authorized (by law): FCL.605 IR – Privileges ref. EASA Opinion 04/2010; 27 Aug 2010: (a) fly aircraft in IFR with minimum DH of 200 ft (b) In case of multi-engine IR, even lower when the applicant has undergone specific training (c) …. Rule FCL.605 (and all other EASA rules for FCL) is expected to be adopted by the European Commission during 2011 … but national rules in the EU, based on JAR-FCL are similar Underlying assumptions: operations well established in the community; suitable training programmes for IR; airworthiness certification; safe radio-navigation signal; etc…. 25 May 2011 ICAO EUR – PBN Workshop

8 requirements behind privileges Aircraft (and avionics) has airworthiness approval covering the envisaged IFR operations OPS of not challenging complexity Concept/systems “mature” (= operationally used since a sufficient number of years = not “new”) Associated risk is tolerable, including Accuracy, integrity, availability and continuity of radio-navigation signals Safety oversight of procedure designers Accuracy and integrity of NAV data base 8. Suitable training standards and (periodic) checking procedures for pilots established 25 May 2011 ICAO EUR – PBN Workshop

MNPS operations were “new” in 1977 FAA AC 91-49 (23 Aug 1977) d. Lateral separation in NAT-MNPS airspace is reduced (1978) from 120 NM to 60 NM = more complexity e. decided by ICAO that all operators desiring to use MNPS must show that equipment and procedures are capable of continuously complying with specifications U.S. operators to FAA (= to competent authority) Operators who have long-range navigation equipment installed (and certified) may be issued Letters of Authorization to operate in NAT-MNPS airspace The 8 requirements were not satisfied Specific Approval (SPA) 25 May 2011 ICAO EUR – PBN Workshop

Authorization, Approval or SPA? Is the semantics sufficiently standardised? No definitions in Annex 6 for authorization, acceptance, approval or specific approval a “normal” case seems to exist: Par. 2.2.4.7 of Part II (Intl GA) .. aeroplanes in IFR shall comply with instrument approach procedures approved by the State “specific” is used in particular cases: Par. 2.2.2.2 of Part II to … fly below aerodrome minima 25 May 2011 ICAO EUR – PBN Workshop

General authorization through rules Par 2.3.1.1 Annex 6 Part II An aeroplane shall be operated: In compliance with the terms of its airworthiness certificate or equivalent Within the operating limitations prescribed by the certifying authority of the State of Registry …. And of course by a pilot enjoying sufficient privileges Par 2.4.11 Annex 6 Part II All turbine-engined …authorised to carry more than nine passengers…. No SPA known for No of pax The word “authorization” in Annex 6 does NOT necessarily mean SPA 25 May 2011 ICAO EUR – PBN Workshop

Is “approval” always “specific”? Par. 3, Attach 3.B to Annex 6 Part II The State should indicate through approval of a Minimum Equipment List (MEL) …. Is the approval of the MEL “specific”? 25 May 2011 ICAO EUR – PBN Workshop

States have several choices Authorization for PBN Par 2.5.2.2 Annex 6 Part II For PBN operations, in addition: Equipment compliant with the PBN specification Authorized by State of Registry Authorization can be issued: Through general rules Through OPS spec attached to AOC for CAT operators (of course not for G.A.) As privilege to IR pilots (when all the other requirements are fulfilled), including for aerial work and general aviation Through a Specific Approval (e.g. letter of authorisation) …..etc. States have several choices 25 May 2011 ICAO EUR – PBN Workshop

Many possibilities for approvals/oversight General rules in EU OPS Regulation 859/2008 (applies only to operators of CAT by aeroplanes): 1.175 General for air operator certification (c) 3. satisfy Authority that can conduct safe operations (g) 2. procedures for the supervision of operations (l) ensure that every flight is conducted in accordance with the provisions of the Operations Manual (n) ensure that aeroplanes are equipped and crews are qualified for the area and type of operation (o) comply with the maintenance requirements Many possibilities for approvals/oversight 25 May 2011 ICAO EUR – PBN Workshop

Normal authorization or special approval are almost the same x CAT? Appendix 1 to EU OPS 1.175 Contents of the Air Operator Certificate: (c) Description of the type of operations authorised (f) Authorised areas of operation (g) Special limitations (h) Special authorisations/approvals e.g.: CAT II/CAT III (including approved minima) (MNPS) Minimum navigation performance specifications (ETOPS) Extended range operation twin engined aeroplanes (RNAV) Area navigation (RVSM) Reduced vertical separation minima Transportation of dangerous goods Authorisation to provide cabin crew safety training Normal authorization or special approval are almost the same x CAT? 25 May 2011 ICAO EUR – PBN Workshop

Possible non-uniformity PBN in EU OPS 1.243 Operation in areas with specified navigation performance requirements (a) Operator shall ensure that an aeroplane operated where navigation performance requirements have been specified, is certified according to these requirements, and if required, that the Authority has granted the relevant operational approval (b) Operator shall ensure that all contingency procedures, specified by the authority, have been included in the Operations Manual Possible non-uniformity 25 May 2011 ICAO EUR – PBN Workshop

Much larger scope than EU OPS (= JAR OPS 1) EASA OPS Rules Apply to: CAT (by aeroplane or helicopter) SPO (= aerial work) NCC = Non-Commercial Operators of “Complex” aircraft (e.g. business or corporate aviation) NCO= Non-Commercial Operators of “non-complex” aircraft (e.g. light and sport private aviation) NPA 2009-02b proposed SPA (of unlimited validity) for certain types of operations, including: PBN B-RNAV (RNAV 5) Much larger scope than EU OPS (= JAR OPS 1) 25 May 2011 ICAO EUR – PBN Workshop

NPA 2009-02b (January 2009) Uniform common rules OPS.SPA.001.SPN Operations in areas with specified performance based navigation (SPN) (a), (b) only if the operator has been approved by the competent authority (c) To obtain approval operator shall: (1) demonstrate navigation equipment functionality … (2) training programme for the flight crew (3) establish operating procedures specifying: (i) equipment to be carried, including MEL (ii) crew composition and experience (iii), (iv) normal and contingency procedures (v) incident reporting (vi) specific regional procedures, in case of MNPS (vii) navigation database integrity, in case of PBN Uniform common rules 25 May 2011 ICAO EUR – PBN Workshop

CRD 2009-02b.4 (November 2010) Part SPA SPA.PBN.100 PBN operations Aircraft shall only be operated where performance-based navigation (PBN) is established, if the operator has been granted an approval by the competent authority No specific approval is required for RNAV5 (basic area navigation, B-RNAV) Opinion to be delivered during 2011 Adoption expected in 2012 25 May 2011 ICAO EUR – PBN Workshop

SPA for PBN in EASA OPS (CRD) Operation AMC Specific Op. Approval CAT SPO NCC NCO RNAV 10 20-12 Y RNAV 5 (B) 20-4 No RNAV 2 // RNAV 1 (P) 20-16 RNP 4 Basic RNP 1 20-XX APCH/LNAV 20-27 APCH/L/VNAV APCH/LPV 20-28 RNP AR 20-26 25 May 2011 ICAO EUR – PBN Workshop

Data providers contracted ICAO SARPs Regional/National safety rules National competent authority Safety oversight Safety oversight Air Operator Air Operator Safety oversight Safety oversight Contracted NAV Data Provider 25 May 2011 ICAO EUR – PBN Workshop

Evolution RNP APCH in Europe (excluding AR) Requirement Year No Topic 2009 2011 2013 1 Airworthiness No AMC AMC 20-27 +AMC 20-28 2 Complexity No more complex than ILS Cat I 3 Maturity PBN not explicit in EU OPS PBN in draft EASA SPA EASA OPS in force 4 Risks RNP also includes on board monitoring 5 GNSS Signal in Space No clear legal responsibilities EGNOS SSP certified EASA oversight 6 Procedure designers No common EU provisions Art 2.2(c)(ii) Reg. 73/2010 7 Data bases Responsibility of operator EASA rules 8 Competence of pilots EASA FCL amended + OSD 25 May 2011 ICAO EUR – PBN Workshop

The will of the EU legislator Whereas: In its Communication of 15 November 2005 entitled “Extending the tasks of the European Aviation Safety Agency – an agenda for 2010”, the Commission announced its intention to progressively extend the tasks of the European Aviation Safety Agency ("the Agency"), with a view towards a "total system approach", to aerodrome/airport safety and interoperability, Air Navigation Services ("ANS") and Air Traffic Management ("ATM") Recital 1 EASA BR 25 May 2011 ICAO EUR – PBN Workshop

Certification of avionics not sufficient Segment Constituents/Elements Responsibility of Airspace Classification and borders of airspace volumes State aviation authority ATS routes (including instrument procedures) Airspace designers** Published AIS AIS Providers* Airborne Navigation Data Data providers** Integrated Nav. (avionics) Manufacturers & Air Operators Navigation receiver(s) Space Nav. Signal in Space (SIS) NAV SP* Ground Ground segment Information to ATCOs ATS provider* Airport Lights Aerodrome operators** 25 May 2011 ICAO EUR – PBN Workshop

Navigation Service in SES Regulations 549 and 550/2004 Facilities and services that provide aircraft with positioning and timing (Art. 2.30; 549) GNSS clearly fells into this definition NAV providers (= NSP) can be individually certified (Art. 7.3; 550) No identical requirement exist for other transport modes EGNOS initiated before (…. unfortunately!!!!) Planning for certification of Galileo NSP should initiate as soon as possible …. EASA available to advise 25 May 2011 ICAO EUR – PBN Workshop

Certified NAV data providers ICAO SARPs Regional/National safety rules Regional/National competent authority Safety over sight Safety over sight Safety over sight SATNAV SP Certified Data Provider Air Operator 25 May 2011 ICAO EUR – PBN Workshop

Operational Suitability Data (OSD) GNSS has changed NAV NAV has a tradition for “specific approval” (SPA) SPA has unlimited validity Even COM is evolving (e.g. data link) But for COM no SPA is required OSD allows to define (and mandate) specific training requirements: Whenever there is a relevant change “key elements” under responsibility of the (S)TC holder Implementation of said requirements is checked through regular oversight of pilots/operators http://www.easa.europa.eu/rulemaking/docs/crd/2009/CRD%202009-01%20(EN,%20comment%20response%20summary%20and%20resulting%20text).pdf Rules for OSD in force in 2012 25 May 2011 ICAO EUR – PBN Workshop

Conclusion All aviation operations require approval/authorization (“normal” or “specific”) For CAT operators several ways (AOC, OPS Spec, Manual, etc…) For G.A. the easiest way is through pilot’s privileges When the 8 safety requirements … …. are not satisfied SPA Opinion for EASA OPS will follow CRD (= only BRNAV exempted from SPA) …but EASA is drafting Pre-RIA for new task MDM.062 in order to replace the SPA for some PBN OPS (e.g. straight in RNP APCH) OSD is an emerging concept, possibly safer than SPA 25 May 2011 ICAO EUR – PBN Workshop

Thanks for the attention Questions?