FAA Order JO 7000.6B_Final

SUBJ: Identification and Notification of Differences Between ATO Products and Services and ICAO Publications

1. Purpose of This Order. This order establishes procedures for personnel from the Air Traffic Organization (ATO) to identify and report differences between applicable Federal Aviation Administration (FAA) directives and applicable International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs).This order satisfies the requirements of the current version of FAA Order 1240.11, Assessing Compliance with ICAO Standards and Recommended Practices (SARPs) and Implementing their Provisions. The order directs FAA lines of business (LOBs) to implement standard operating procedures to evaluate new and amended ICAO SARPs for impact on the National Airspace System (NAS) and procedures, make implementation decisions, and file any resulting differences, if applicable. 2. Audience. This order applies to all ATO service units and directorates responsible for processes and/or functions impacted by ICAO SARPs. 3. Where Can I Find This Order? You can find this order on the FAA website at http://www.faa.gov/regulations_policies/orders_notices. 4. What This Order Cancels. This order cancels FAA Order JO 7000.6A, Identification and Notification of Differences Between ATO Products and Services and ICAO Documents, dated May 30, 2008. 5. Explanation of Policy Changes. Following a reorganization within the ATO, including the movement of ATO International into Mission Support Services, ATO International conducted a review of its processes in place to identify and report differences between FAA directives and ICAO SARPs. The ATO Safety & Technical Training (AJI) also conducted an audit to determine compliance with FAA Order 1240.11, Assessing Compliance with ICAO SARPs and Implementing their Provisions, and FAA Order JO 7000.6A, Identification and Notification of Differences between ATO Products and Services and ICAO Documents. The audit team found that ATO International had conducted the annual review and SARP amendment review of new/revised SARPs in accordance with FAA Order 1240.11. Although ATO International was compliant with FAA Order 1240.11 by correctly completing the reviews and notifying ICAO of differences, the audit team identified potential problems with several unnecessary or ambiguous requirements in FAA Order JO 7000.6A. Specifically, FAA Order 1240.11 addresses requirements for identifying differences in SARPs only, yet FAA Order JO 7000.6A incorrectly includes the requirement to notify ICAO for differences to the Procedures for Air Navigation Services-Air Traffic Management (PANS-ATM). FAA Order JO 7000.6B removes references to PANS-ATM, as the PANS-ATM does not carry the same status as the ICAO Annexes to the Convention. Therefore, States are not obligated to report differences to ICAO in the event of

05/17/2021 JO 7000.6B 2 non-implementation. However, States are required to publish a list of significant differences between their procedures and the related ICAO procedures in the Aeronautical Information Publication (AIP). FAA Order JO 7000.6B simplifies and clarifies responsibilities for each organization and provides better alignment with other FAA Orders. 6. Responsibilities. a. Air Traffic Organization International Office (ATO International) - ATO International works with the ATO service units and FAA LOBs to plan and coordinate international activities that affect the ATO, including the identification and documentation of differences to ICAO SARPs. ATO International coordinates with the Air Traffic Organization Safety and Technical Training (AJI) and Air Traffic Safety Oversight Service (AOV) offices for concurrence on proposed difference(s). ATO International then coordinates U.S. differences through the Interagency Group on International Aviation (IGIA) Secretariat. b. The Office of International Affairs (API) - API has been delegated responsibility as the IGIA Secretariat. As such, it receives ICAO State letters, including the notification of adoption of amendments to ICAO Annexes. These letters are distributed for action to IGIA members and stakeholders. API is responsible for obtaining clearance of the U.S. response drafted by the action office via IGIA. Once IGIA clearance is obtained, API formally submits the U.S. response to ICAO, which may include a notification of differences. c. The Office of the Chief Counsel, International Affairs and Legal Policy (AGC-700) - AGC-700 plays a role in determining that the FAA conforms to the requirements and obligations resulting from Articles 37 and 38 of the ICAO Convention on International Civil Aviation. AGC-700 is responsible for ensuring that the processes devised by the LOBs and offices meet those needs. d. Air Traffic Organization Safety & Technical Training (AJI) - FAA Order JO 1000.37, Air Traffic Organization Safety Management System, identifies AJI as the ATO's primary interface with the Air Traffic Safety Oversight Service. The order also requires AJI to review and provide a statement of concurrence or non-concurrence from a safety perspective on all proposed ATO differences to be filed with ICAO. e. Air Traffic Safety Oversight Service (AOV) - FAA Order 1100.161, Air Traffic Safety Oversight, requires the ATO to obtain AOV concurrence on any notification of proposed ATO differences to ICAO Standards to be filed with ICAO. f. ATO Offices of Primary Responsibility (OPR) - The OPR is the office having the primary responsibility for the systems, processes, functions, policies, or procedures governed by ICAO SARPs. For the purpose of this order, an OPR is the ATO service unit and/or directorate responsible for devising and implementing necessary systems and procedures to ensure the implementation of ICAO SARPs and, if applicable, the determination of any differences. It is the responsibility of the OPR to collaborate, coordinate, or otherwise work with the necessary support offices to determine compliance and/or file differences of SARPs when warranted. OPRs submit proposed differences to ATO International in accordance with the procedures outlined in this order.

05/17/2021 JO 7000.6B 3 g. ATO Service Units – Specifically, the service unit identified as the OPR for the Annexes are required to provide two points of contact (POCs) to ATO International for the purpose of communicating and coordinating information related to the SARPs. These will be confirmed annually at the request of ATO International, or as Service Unit POCs change. 7. Procedures a. On an annual basis, ATO International will send out a call to OPRs for service unit POCs to identify any differences to amendments in ICAO State letters or through the SARP provisions. This updated analysis must take into account both ICAO amendments and modifications to ATO products and/or services within the NAS. b. OPRs will work with supporting service units or FAA LOBs as necessary to coordinate their responses with other offices responsible for similar ICAO standards or procedures. For example, there is significant overlap between Annex 2, Rules of the Air, and Annex 11, Air Traffic Services. For any given standard or procedure, the absence of a difference implies an assurance of compliance. c. Upon completion of this analysis, if there are no changes to the existing difference(s), then there is no requirement to create, review, and process a difference package for IGIA. d. Upon completion of this analysis, if the ATO OPR(s) identifies a difference(s), it submits the difference(s) to ATO International. (1) ATO International submits these difference(s) to AJI and AOV for review and concurrence in accordance with their responsibilities as outlined in FAA Order JO 1000.37 and FAA Order 1100.161, respectively. (2) If AJI and/or AOV do not concur with the difference(s) as written, ATO International facilitates a discussion between AJI, AOV, and the ATO OPR POCs to resolve issues. (3) Upon receipt of AJI and AOV concurrence, ATO International submits the difference(s) to API for IGIA clearance. If the IGIA process yields comments or changes from other FAA LOBs or government entities, ATO International will facilitate a discussion between API, the commenting organization, the ATO OPR, AJI and AOV to resolve issues.

05/17/2021 JO 7000.6B 4 e. Upon completion of the IGIA process, ATO International updates its records, the ICAO Electronic Filing of Differences system, and provides the final differences to Mission Support Services, Publications and Administration (AJV-P12) for inclusion in the U.S. AIP in accordance with FAA Order JO 7000.5, Procedures for Submitting Changes to Air Traffic Control Publications. Kevin Chamness Director ATO International Office

05/17/2021 JO 7000.6B

Appendix A A-1 Appendix A. Abbreviations AIP Aeronautical Information Publication AGC FAA Office of the Chief Counsel AJI Air Traffic Organization Office of Safety and Technical Training AJV-P Air Traffic Organization Mission Support Policy Directorate AOV Air Traffic Safety Oversight Services API FAA Office of International Aviation ATO Air Traffic Organization ATM Air Traffic Management FAA Federal Aviation Administration ICAO International Civil Aviation Organization IGIA Interagency Group on International Aviation LOB Line of Business NAS National Airspace System OPR Office of Primary Responsibility POC Point of Contact SARP Standards and Recommended Practices USG United States Government

05/17/2021 JO 7000.6B

Appendix B B-1 Appendix B. Administrative Information 1. Distribution. This order is distributed to all ATO service units and directorates. 2. Background. The Convention on International Civil Aviation established ICAO on December 7, 1944 in Chicago, Illinois. As such, ICAO operates under an agreement known as the Chicago Convention, and in accordance with Article 37 thereof, adopts and amends the SARPs necessary to secure, among all its Member States, the highest practicable degree of interoperability and uniformity in regulations, standards, procedures, and organization in relation to air navigation and transportation. These SARPs are documented in the 19 Annexes to the Convention. By treaty, the United States Government (USG) is a signatory to the Chicago Convention, and, in accordance with Article 37, undertakes to collaborate in securing the highest practicable degree of uniformity with the SARPs. However, when the USG finds it impracticable to comply in all respects with any such international standard or procedure, it is obligated under Article 38 of the Chicago Convention to give notification of the nature of the difference to ICAO. The USG collaborates with ICAO and other Member States in all levels of problem solving that may result in the development or amendment of SARPs. Typically, ICAO establishes panels and study groups that may propose new or amended SARPs, which, upon adoption by the Council, are sent to all Member States by the ICAO Secretary General for comment. States are required to secure the highest practicable degree of uniformity with the SARPs or file differences in accordance with the aforementioned Article 38. 3. Definitions. a. ICAO- A specialized agency of the United Nations that sets international standards; develops harmonized procedures necessary for the safety, security, efficiency, and regularity of air transport; and serves as the facilitator for cooperation in all fields of civil aviation among its Member States. The United States is a signatory to the Convention and, therefore, a Member State. The United States is also a member of the ICAO Council, a permanent body composed of 36 Member States elected by the ICAO Assembly for a three-year term, which governs ICAO. One of the major duties of the Council is to adopt (and/or approve) changes to international SARPs and PANS. b. Difference- A departure from accepted international standards or procedures, as defined in Article 38 of the Convention. A difference is categorized as one of the following: (1) Category A - An FAA regulation or procedure that is more exacting or exceeds the ICAO standard, recommended practice, or procedure; (2) Category B - An FAA regulation or procedure that is different in character or complies by other means; or (3) Category C - An FAA regulation or procedure that is less protective than or partially implements/does not implement an ICAO standard, procedure, or recommended practice.

05/17/2021 JO 7000.6B

Appendix B B-2 c. SARPs-. The ICAO Council adopts Standards and Recommended Practices in accordance with Articles 37, 54, and 90 of the Chicago Convention and publishes them in the 19 Annexes. These Annexes contain SARPs pertaining to specific portions of international civil aviation. The uniform application by Member States of the specifications contained in these International Standards is recognized as necessary for the safety or regularity of international air navigation. The uniform application of the specifications in the Recommended Practices is regarded as desirable in the interest of safety, regularity, or efficiency of international air navigation. (1) Seven Annexes pertain directly to the provision of Air Navigation Services. Individual service units within the ATO have been identified as the OPR for the following Annexes: Annex 2 - Rules of the Air Annex 3 - Meteorological Services for International Air Navigation Annex 4 - Aeronautical Charts Annex 5 - Units of Measurement to be Used in Air and Ground Operations Annex 10 - Aeronautical Telecommunications Annex 11 - Air Traffic Services Annex 15 - Aeronautical Information Services (2) Three others (Annex 1 – Personnel Licensing, Annex 14 – Aerodromes, and Annex 19 – Safety Management) are led by other FAA lines of business but require ATO input as necessary. 4. Suggestions for Improvements. Please forward all comments on deficiencies, clarifications, or improvements regarding the contents of this order to [email protected]. Your suggestions are welcome. FAA Form 1320-19, Directive Feedback Information, is located in Appendix C of this order for your convenience.

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JO 7000.6B

Appendix C C-1 Appendix C. Directive Feedback Information Please submit any written comments or recommendation for improving this directive, or suggest new items or subjects to be added to it. Also, if you find an error, please tell us about it. Subject: FAA Order JO 7000.6B, Identification and Notification of Differences between ATO Products and Services and ICAO Documents To: [email protected] Please mark all appropriate line items:

An error (procedural or typographical) has been noted in paragraph _______ on page _______.

Recommend paragraph _______ on page _______ be changed as follows:

In a future change to this order, please cover the following subject: (Briefly describe what you want added.)

Other comments:

I would like to discuss the above. Please contact me. Submitted by: __________________________________ Date: __________________ Telephone Number: __________________ Routing Symbol: _________________ FAA Form 1320-19 (10-98)