COMMONWEALTH OF AUSTRALIA (Civil Aviation Safety Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY
SCHEDULE OF AIRWORTHINESS DIRECTIVES
AIRWORTHINESS DIRECTIVE
For the reasons set out in the background section, the CASA delegate whose signature appears below issues the following Airworthiness Directive (AD) under subregulation 39.1 (1) of CASR 1998. The AD requires that the action set out in the requirement section (being action that the delegate considers necessary to correct the unsafe condition) be taken in relation to the aircraft or aeronautical product mentioned in the applicability section: (a) in the circumstances mentioned in the requirement section; and (b) in accordance with the instructions set out in the requirement section; and (c) at the time mentioned in the compliance section.
Agusta A109 Series Helicopters
AD/A109/49 Battery Bus Circuit Breaker 3/2004
Applicability: A109E series helicopters as follows:
- All serial numbers (S/N) up to and including 11077 that have kits part number 109-0812-04-101, or -103, or -107, or -109 installed, and
b. S/N 11078 up to and including 11122.
Requirement: Modify the emergency electrical bus in accordance with Agusta Mandatory Bollettino Tecnico 109EP-39 dated 25 November 2003.
Note: ENAC AD 2003-384 refers.
Compliance: No later than 31 March 2004.
This Airworthiness Directive becomes effective on 18 March 2004.
Background: The Italian Ente Nazionale per l’Aviazone Civile has advised that Agusta, whilst carrying out an investigation into the emergency busses of the A109E helicopter, discovered that in the event of a double generator failure the 25 Amp “BATT BUS” circuit breaker could trip. This Directive requires the modification of the emergency electrical bus installation by the replacement of the “BATT BUS” circuit breaker with a 35 Amp rated circuit breaker.
James Coyne
Delegate of the Civil Aviation Safety Authority 4 February 2004
The above AD is notified in the Commonwealth of Australia Gazette on 25 February 2004.
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) form part of Australia's regulatory framework for ensuring air safety, and the legislative instrument F2006B01833, specifically the Airworthiness Directive AD/A109/49, was enacted to address a safety concern identified with the Agusta A109 Series Helicopters. This Airworthiness Directive was issued by the Civil Aviation Safety Authority (CASA) under subregulation 39.1(1) of the CASR 1998, following an investigation by the Italian Ente Nazionale per l’Aviazone Civile which revealed a potential unsafe condition with the helicopters' emergency electrical bus. The policy objective behind the directive is to ensure the safety of the aircraft by mandating modifications to the emergency electrical bus installation to prevent the 25 Amp "BATT BUS" circuit breaker from tripping in the event of a double generator failure. The directive applies to specific serial numbers of the A109E series helicopters and requires compliance by 31 March 2004.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under Part 39 - 105, includes an Airworthiness Directive (AD) concerning the modification of the emergency electrical bus for certain Agusta A109 Series Helicopters. This directive applies to Agusta A109E series helicopters with specific serial numbers that have particular kits installed, namely those with serial numbers up to and including 11077 and S/N 11078 up to and including 11122. The AD mandates that these helicopters must be modified in accordance with the instructions provided by Agusta Mandatory Bollettino Tecnico 109EP-39 dated 25 November 2003. The modification involves replacing the 25 Amp "BATT BUS" circuit breaker with a 35 Amp rated circuit breaker to address a potential unsafe condition during a double generator failure. Compliance with this directive is required no later than 31 March 2004, and the directive became effective on 18 March 2004. This directive extends to the Commonwealth of Australia and is enforced by the Civil Aviation Safety Authority (CASA).
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR) include specific provisions under Part 39 for Airworthiness Directives (ADs), which are issued to address safety concerns in aviation. Section 39.1(1) allows for the issuance of such directives by a delegate of the Civil Aviation Safety Authority (CASA). In this instance, AD/A109/49 pertains to Agusta A109 Series helicopters. This AD applies to A109E helicopters with specific serial numbers and installed kits, requiring modifications to the emergency electrical bus (sections 3.1 and 3.2).
The obligations under this AD are quite clear. Owners and operators of affected A109E helicopters must follow the instructions provided in the directive to ensure compliance. Specifically, they must modify the emergency electrical bus by replacing the 25 Amp "BATT BUS" circuit breaker with a 35 Amp rated circuit breaker in accordance with Agusta Mandatory Bollettino Tecnico 109EP-39 dated 25 November 2003. This directive is closely aligned with ENAC AD 2003-384, indicating an international cooperation in addressing this safety issue. The modification must be completed no later than 31 March 2004, ensuring that the safety measures are implemented within the specified timeframe.
Failure to comply with the AD could result in serious safety implications and potential regulatory consequences. The regulations do not explicitly state the penalties for non-compliance, but it is reasonable to infer that the enforcement of such ADs is taken very seriously by CASA. Non-compliance could lead to the grounding of the affected aircraft, which would have severe operational and financial repercussions for the operators. Additionally, CASA may pursue legal action against those who fail to comply with the AD, resulting in fines or other sanctions as deemed appropriate by the regulatory authority.