Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/AIRCON/12 Amdt 4 – Hartzell Engine Technologies – Cabin Combustion Heaters
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft.
CASA issued AD/AIRCON/12 to correct an unsafe condition on Kelly Aerospace Power Systems B-Series combustion heaters in 1997. AD/AIRCON/12 Amdt 1 was issued to simplify requirements such that heaters became subject to either AD/AIRCON/9 Amdt 7 or AD/AIRCON/12 Amdt 1 as applicable. AD/AIRCON/12 Amdt 2 removed the terminating action that was provided by the fitment of ceramic‑coated combustion tubes. AD/AIRCON/12 Amdt 3 changed the overhaul period to include an option to follow the manufacturer’s recommended overhaul period and clarification of aspects relating to the disabling of the heater.
This AD (AD/AIRCON/12 Amdt 4) requires the inspection, testing and overhaul of the applicable combustion heaters and associated airframe mounted components necessary for heater operation to prevent in-service failures. Heater failure can lead to pilot incapacitation due to excessive levels of carbon monoxide (CO) entering the cabin as a result of incomplete combustion or an aircraft fire due to an uncontained combustion chamber flame. The United States of America Federal Aviation Administration, as the State of Design for these heaters, issued AD 2004-21-05. However, the oversight and maintenance actions required by the AD did not consider Australia’s unique conditions. As there are many examples of the applicable combustion heaters being used on aircraft on the Australian register, CASA developed an AD to address the specific conditions for Australian operators. CASA has issued AD/AIRCON/12 Amdt 4 to update references to the pertinent manufacturer’s data.
Consultation
This AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating references to the pertinent manufacturer’s data. It is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
The instrument commences on 9 May 2014.
[Instrument number AD/AIRCON/12 Amdt 4]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/AIRCON/12 Amdt 4 – Hartell Engine Technologies –
Cabin Combustion Heaters
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
In 2005, CASA issued an airworthiness directive (AD), AD/AIRCON/12 Amdt 3, to correct an unsafe condition on Australian aircraft fitted with Kelly Aerospace Power Systems (formerly Janaero Devices) B-Series combustion heaters.
This legislative instrument repeals AD/AIRCON/12 Amdt 3 and issues AD/AIRCON/12 Amdt 4 to update references to the pertinent manufacturer’s data and make minor editorial changes to improve readability.
The primary purpose of this legislative instrument is to replace AD/AIRCON/12 Amdt 3 with an AD that includes references to the current pertinent manufacturer’s data.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority