Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/AIRCON/12 Amdt 5 — Hartzell Engine Technologies, Kelly Aerospace Power Systems, and Janaero Devices - Cabin Combustion Heaters
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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.
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 Amdt 4 to correct an unsafe situation on aircraft fitted with Hartzell Engine Technologies Cabin Combustion Heaters in 2014. The AD details inspection and maintenance requirements for these combustion heaters. As a result of a request from industry, CASA has issued AD/AIRCON/12 Amdt 5 to remove a note which referenced AD/AIRCON/9 because AD/AIRCON/9 has now been cancelled, and to make minor editorial changes for clarification only. This AD repeals and replaces the previous AD on this subject.
Documents Incorporated by Reference
- Janitrol Aircraft Heaters Overhaul and Maintenance Manual, as in force from time to time, part numbers 24E25-1 and 94E47, provide instructions for performing a pressure decay test on certain models of cabin combustion heaters. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above. The technical document is not freely available.
- Hartzell Engine Technologies, Kelly Aerospace Power Systems and Janaero Devices Overhaul and Maintenance Manuals as in force from time to time, provide instructions for an operational test of the air pressure switches. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above. The technical document is not freely available.
- Kelly Aerospace Power Systems Service Bulletin No. 25 as in force at the date of the AD provides procedures to temporarily disable the cabin combustion heater. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above. The technical document is not freely available.
Technical documents referred to in this AD are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They may be purchased from the aircraft or component manufacturer by subscription.
As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant aircraft or engine manufacturer documentation, such as the Service Bulletins. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated documents available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.
Consultation
This AD is being made at the request of industry. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from removing a reference to a document that is no longer current and to make minor editorial changes for clarification, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation 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 (OBPR id. 14507).
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 and subsection 94 (1) of the Act.
The instrument commences on 16 October 2019.
[Instrument number AD/AIRCON/12 Amdt 5]
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 5 – Hartzell Engine Technologies, Kelly Aerospace Power Systems, and Janaero Devices - 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
CASA issued AD/AIRCON/12 Amdt 4 to correct an unsafe situation on aircraft fitted with Hartzell Engine Technologies Cabin Combustion Heaters in 2014. As a result of a request from industry, CASA has repealed and replaced AD/AIRCON/12 Amdt 4 to remove a note which referenced AD/AIRCON/9 because AD/AIRCON/9 has now been cancelled, and to make minor editorial changes for clarification only.
The primary purpose of this legislative instrument is to remove reference to a document which is no longer current.
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