Rule objective
The objective of amendment 33 to Part 91 is to update the Civil Aviation Rules (the Rules) to complete the transition from secondary surveillance radar (SSR) system to Automatic Dependent Surveillance Broadcast (ADS-B) OUT system as the primary source of data for surveillance in New Zealand.
This amendment requires all aircraft operating in transponder mandatory controlled airspace below flight level 245 designated under Part 71 in the New Zealand Flight Information Region (FIR) to be equipped with an ADS-B system as prescribed under this Part by 31 December 2022, or an earlier date specified by the Minister in a notice in the Gazette.
The initial proposed mandate date for aircraft operating in controlled airspace to be equipped with ADS-B was 31 December 2021. The proposed mandate date was set before the COVID-19 pandemic struck, and was largely based on the life span of the SSRs which were projected to reach the end of its life by 31 December 2021.
However, the consequences of COVID-19 (on public health, passenger movements, and economic activity) have significantly impacted on the rollout of Airways infrastructure (namely, a new cooperative contingency system) to support the transition to ADS-B OUT. It has also impacted on the ability of the wider aviation sector to be sufficiently equipped with ADS-B OUT by 31 December 2021 so to make the transition a success.
As Airways has not yet been able to progress development of a new cooperative contingency system, it intends to roll-over the current SSR system for another year to provide back up for ADS-B. Given this proposal for continuing with the current SSRs, and the aforementioned impacts of COVD-19 on ADS-B OUT uptake, it is considered that a delay of one year to the mandate – from 31 December 2021 to 31 December 2022 – is appropriate.
Delaying the mandate by one year is considered appropriate to ensure the transition to ADS-B OUT will be successful, primarily in ensuring the safety of the system. It also acknowledges that, in the current environment, the regulatory burden of a full transition to ADS-B by the originally proposed deadline (31 December 2021) is considerable. The delay provides owners additional time to recover from the impacts of COVID-19 and equip their aircraft with ADS-B OUT by the new mandate
date.
Given the change in the mandate date, the transition period is extended from 1 January 2022 to 31 December 2022. However, this amendment provides some flexibility for the Minister to bring forward the delayed mandate date (a date earlier than 31 December 2022). This is to mitigate any potential safety risks regarding the durability of the SSR system.
ADS-B Height Monitoring; Effective August 31, 2021
Aircraft equipped with qualified ADS-B out systems are height-monitored each Monday during normal operations at RVSM altitudes when operating in airspace where sufficient ADS-B data is available to the FAA to determine RVSM performance. Aircraft that are due for periodic monitoring or that must verify performance can fly any Monday to obtain a monitoring result.
Operators who elect to utilize 14 CFR Part 91 Appendix G, section 9 to access RVSM airspace must verify their altitude-keeping performance. The current list of aircraft and their most recent successful monitoring date can be found at RVSM Approvals in the file labeled US IGA Operators with Domestic RVSM Authorization under Part 91 Section 9 (ADS-B).
Please allow 2-4 weeks for processing and posting of updated data.
Reference the FAA North American Approvals and Regional Monitoring Agency (NAARMO) Website:
https://www.faa.gov/air_traffic/separation_standards/naarmo/monitoring_methods/
This notice explains the specific procedures that apply to
compliance and enforcement actions involving pilots who operate aircraft that do not comply
with the Automatic Dependent Surveillance-Broadcast (ADS-B) Out requirements specified by
Title 14 of the Code of Federal Regulations (14 CFR) part 91, §§ 91.225 and 91.227. This notice
updates policy found in Federal Aviation Administration (FAA) Order 8900.1, Volume 7,
Chapter 1, Section 2, Pilot Deviations, Incident Investigations, and Occurrences.
This notice ensures operators who utilize Airbus A318, A319,
A320, and A321 aircraft are aware of Safety Alert for Operators (SAFO) 16013, Fuel Caps
Separating from Aircraft, and its recommendations, and are managing the risk accordingly.
The Policy Implementation Section, AIR-613, is requesting a revision to Deviation
Memorandum AIR600-18-6C0-DM106, Revision 2, from Orders 8110.112A, 8110.4C, and
8100.16. This previously approved deviation was applicable only for projects certified using
regulations from title 14, Code of Federal Regulations (14 CFR) part 25. AIR-613 is requesting
to expand the deviation to include issue papers and policy related to the airworthiness regulations
for all aircraft, engine or propeller product types. AIR-613 also is requesting to allow the
expansion of applicability for position papers to address product certification basis and method
of compliance applicable only to low risk unmanned aircraft systems (UAS) certified via the
Durability and Reliability (D&R) means of compliance.
This notice announces a revision to Federal Aviation
Administration (FAA) Order 8900.1, Volume 7, Investigation, and Volume 12, International
Aviation, for processing pilot deviations (PD) associated with airmen who, when involved in the
PD, were operating for a foreign operator under Title 14 of the Code of Federal Regulations
(14 CFR) part 129 and whose State of the Operator is not a Portal for International Pilot
Deviations (PIPD) participant. For the latest list of Civil Aviation Authorities (CAA), refer to
https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afx/afs/afs050/afs052/.
This change in guidance affects offices with responsibility for investigating part 129 PDs.
