Project AS 07/14 - Post Implementation Review (PIR) of Civil Aviation Safety Regulations 1998 (CASR) Subpart 139.H in respect of the Manual of Standards (MoS) Part 139H - Standards Applicable to the Provision of Aerodrome Rescue and Fire Fighting
The Civil Aviation Safety Regulations 1998 (CASR) Subpart 139.H, Aerodrome rescue and firefighting services, and the Manual of Standards (MOS) Part 139.H, Standards applicable to the provision of aerodrome rescue and fire fighting services, were implemented in 2005. These regulations were amongst the first rule parts to transition from the former Civil Aviation Regulations 1988 (CAR) and Civil Aviation Orders.
The current Subpart 139.H legislative framework applies to organisations that are approved as an aerodrome rescue and firefighting service (ARFFS) provider at aerodromes that meet prescriptive establishment criteria.
CASA and current ARFFS providers recognise that a comprehensive post-implementation review of the MOS Part 139.H is necessary. This will ensure that the MOS Part 139.H aligns with current regulatory policy (including ICAO standards), industry developments and the many evolutions in technology since their inception, while balancing the need for industry to deliver a safe ARFF service without unnecessary economic burden.
In particular, CASA and current ARFFS providers are currently experiencing unnecessary cost and operating impacts resulting from:
- the ongoing prescription of legacy practices that pre-empted the implementation of Subpart 139.H of CASR
- prescriptive standards and practices that should be performance-based so as to permit flexibility in delivery methodology and a reduction to industry in service delivery costs
- requirements in the MOS Part 139.H that, in some instances, exceed equivalent requirements in Annex 14 to the Convention on International Civil Aviation (the Chicago Convention) without clear justification
- MOS requirements that relate to the provision of aerodrome infrastructure for rescue and firefighting that are beyond the direct control of the ARFFS provider
- standards and practices that are duplicated across various chapters of the MOS Part 139.H, which is some instances are also ambiguous and require legal interpretation
- standards and practices that don’t reflect the operating requirements for current-generation rescue and fire fighting service providers.
These and other similar issues limit the ability of an ARFFS provider to comply with the MOS Part 139.H. The current regulatory environment has resulted in a high regulatory service workload for both the ARFFS providers and CASA, through ongoing issue or renewal of exemptions to ARFFS providers and/or provision of regulatory interpretation and advice. CASA expects that regulatory enhancement to the MOS Part 139.H will improve rates of compliance whilst maintaining the current levels of safety.
If amendments to the MOS Part 139.H are not made, it is likely that industry will incur additional costs and CASA will face increasing demand for advice and management of exemptions, with possible increases in ARFFS provider non-compliance.
The overall aim of the project is to complete a comprehensive post-implementation review of the MOS Part 139.H. CASA intends to issue a Notice of Proposed Rule Making (NPRM) that will set out regulatory options for industry to consider. Amendments to the MOS Part 139.H may result in the requirement to amend the existing suite of advisory materials related to Subpart 139.H.
The project objectives include to:
- identify key challenges facing industry, in order to propose policy improvements that will maintain current safety standards while ensuring CASA meets its national and international responsibilities as a safety regulator
- complete a gap analysis of the existing MOS Part 139.H—against Annex 14 of the Chicago Convention (and supporting Annexes), the Airport Services Manual Part 1 (Rescue and Fire Fighting) and related Advisory Circulars—to ensure the MOS Part 139.H will continue to meet Australia’s international responsibilities to ICAO
- consider the approach taken by other regulators worldwide, with the aim of ensuring that the MOS Part 139.H remains aligned with the best practices of leading aviation countries whilst being tailored to suit operating conditions unique to Australia
- consider the training and qualification/competency framework for aviation firefighters applied by other regulators or service providers worldwide, and review the Australian qualification framework that applies to the fire and rescue industry
- review existing draft amendments to the MOS Part 139.H and reconcile these against the gap analysis.
Project approved by the acting Group General Manager, Air Transport Operations Group and registered on 9 October 2007.
Project amended and approved by the EM, Standards Division 18 September 2015.
- Subpart 139.H of CASR
- MOS Part 139.H
Project Leader: Mark Cunningham – Aviation Safety Inspector, CNS
Project Sponsor/s: Peter Cromarty – Executive Manager, Airspace and Aerodrome Regulation
Standards Officer/s: Jan Goosen – Team Leader, Air Traffic Management System Standards
|Consultation updates in 2015|
|Project AS 07/14 – Post Implementation Review (PIR) of Civil Aviation Safety Regulations 1998 (CASR) Subpart 139.H in respect of the Manual of Standards (MoS) Part 139H – Standards Applicable to the Provision of Aerodrome Rescue and Fire Fighting Services||Project was amended 18 September 2015.||18 Sept 2015|
|Consultation updates in 2007|
|Project AS 07/14 - Post-implementation review of CASR Subpart 139.H||Project approved.||9 Oct 2007|