COMMENT RESPONSE DOCUMENT FOR NPA SAR-ATS11 01

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1 COMMENT RESPONSE DOCUMENT FOR NPA SAR-ATS Introduction NPA SAR-ATS was published for comment on August 1, This NPA is a result of the introduction of regulatory requirements for ANSPs by. 2. Comments & Responses A total of 16 comments were received from the In the following table the received comments are sorted according to NPA SAR-ATS11 01 paragraph number, the comment is worded together with the originator followed by the response to the comment from the NPA SAR-ATS11 01 Working Group and the resulting text for NPA SAR-ATS11 01 is given where necessary. Air Navigation Standards Inspectorate maintained objectivity in all its comment responses and at no instance addressed the comments subjectively. Note: Bold Italics are used to show changes and new text

2 NPA paragraph Comment originator Comments Response Resulting Text/Clarification C-2 Contents (details) On that page C-2 the following line should read: SAR-ATS Documentation of results/data 1-D-2 Agreed. Overlooked during review toward initial publication. SAR-ATS Documentation of results/data 1-D-2 SAR-ATS Authority has not been defined. Agreed. Authority definition included in SAR-ANS Terminology Refer to SAR-ANS Terminology of the General Requirements SAR-ATS (a) (2) The proposed SAR-ANS (a) (2) states: (2) any links with organisations not involved in the provision of air navigation services, including commercial activities in which it is engaged either directly or through related undertakings, which account for more than 1% of its expected revenue. Furthermore, it shall notify any change of any single shareholding which represents 10 % or more of its total shareholding. ANS requests clarification on the relevancy of this paragraph, considering the organization structure and related activities of and the ANS Department. SRD is in agreement. The requirement cannot be applied under the actual structure. If the ATS provider was operating as a separate entity independent of, i.e., a private organisation, then it could be considered. SAR-ATS to SAR-ATS A more suitable and reasonable timeframe must be provided to enable the development of such a complex system which can take years to develop and where the Regulator usually provides a staged approach to its implementation. Any SMS program has to meet the objectives of an SSP and The timeframe factor is being considered by SRD for all SARs compliancy as it was a concern all ANSPs raised in the safety oversight presentation. ATS should however note that ICAO SMS was made mandatory in

3 cannot be complete nor fully implemented without an SSP. Expertise will be sought for such. Annexes 1, 6, 8, 11, 13 and 14 in Amendment 47B which expands on ATS SMS and contains SMS and SSP Frameworks in Appendix 6 and Attachment D respectively became effective 20/07/09 and applicable 18/11/10. Guidance on the SMS implementation is in ICAO Safety Management Manual (SMM), Second Edition (Doc 9859) SMS must never be deemed a complex system in any way. If it is considered complicated, it will become one. Its implementation is a straightforward process, but can become a daunting task due to a number of factors such as lack of knowledge, unavailability of guidance material and resources. The fact that ATS is providing services with safety implications which to date are of acceptable safety standards, indicates that it is therefore effectively managing safety. The SMS concept now needs to be formally implemented in the four phases recommended by ICAO. Since the SMS incorporation in the SARPs by ICAO, ATS is expected to have addressed some phases, if not all, of its SMS implementation for its management staff have received some level of training in SMS. SRD awaits the ATSU s proposed timeframe for SMS implementation programme. However it will be considered against SRD s own mandated timeframe for its ANSP safety oversight responsibility and a decision will be communicated to ATS.

4 SRD does not expect the ATS SMS to be implemented its entirety, and conformance to the requirements of SAR-ATS11 in a short period of time. The full SMS implementation will certainly take time and its robustness will be enhanced as each implementation phase is completed. As regards the SSP, as a State authority already has some of the elements of the framework already established. Examples are: - the CAA ACT 2005 and ACT 2005, ANO as the legislative framework; - Accident and incident investigation Unit; - the safety oversight responsibilities of SRD in respect A/C Airworthiness, Aircraft Operator, Aerodromes etc; - Flight Crew Licensing Regulatory Requirements; Elements being implemented are: - the SARs for ANSPs (ATS provider s specifically centered on SMS), ATCO Licensing and ATC Training Organisation as specific operating regulations; - the introduction of ATCO Medical Regulatory Requirements, L4; - the safety oversight responsibilities of SRD in respect of ANSPs; and - safety data collection, analysis and exchange Other elements will come in subject to the effective implementation of the above mentioned. The ATS SMS acceptance will be

5 based on its level of compliance with SAR-ATS 11, SUBPART C. It is advisable to seek expertise where there is lack of knowledge with the introduction of new standards or requirements, so SRD welcomes the idea. ATS should note however, that the management and operational staff need to acquire the knowledge in SMS through education and training. The expertise being sought will not necessarily provide that, but rather assist in setting up the ATS SMS structure. The onus remains the ATS provider s in ensuring the continuous and effective function of its SMS. SAR-ATS to SAR-ATS ANS seeks clarification concerning the definition of the word technical personnel Does this apply to ANS or does this fall under the scope of the Telecommunication Unit which has been categorized as another ANSP in the organization? Technical personnel imply personnel of the Aeronautical Telecommunication/CNS Division who undertake safety-related operational tasks, but who are not engineers by qualification. There are no provisions for these requirements in the ICAO SARPs. They would apply to ATS if it was providing its own technical support for CNS services, but as these services are provided for by another ANSP, namely Aeronautical Telecommunications Unit of TIS, the requirements directly apply to that unit and other organisations subcontracted by that unit. SRD is in agreement that the requirements of SUBPART E do not apply to ATS, so it will be withdrawn.