AD/AIRCON/12 Amdt 5 Hartzell Engine Technologies, Kelly Aerospace Power Systems, and Janaero Devices - Cabin Combustion Heaters

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2019L01314 In force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were amended by AD/AIRCON/12 Amdt 5 to address an issue with cabin combustion heaters installed on certain aircraft, specifically those manufactured by Hartzell Engine Technologies, Kelly Aerospace Power Systems, and Janaero Devices. Enacted under the Civil Aviation Act 1988, this legislative instrument was introduced to ensure the continuing airworthiness of aircraft by correcting an unsafe situation identified with the aforementioned cabin combustion heaters. The Civil Aviation Safety Authority (CASA) issued this amendment at the request of industry, focusing on removing outdated references and making minor editorial changes for clarity. The instrument was made by a delegate of CASA, relying on the power of delegation under CASR, and it commenced on 16 October 2019. The policy objective behind this amendment was to maintain the safety standards required by the Convention on International Civil Aviation while ensuring that industry could operate with the most current and relevant information.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 5, issued by the Civil Aviation Safety Authority (CASA), applies to aircraft fitted with specific cabin combustion heaters manufactured by Hartzell Engine Technologies, Kelly Aerospace Power Systems, and Janaero Devices. This legislative instrument amends the previous airworthiness directive (AD) AD/AIRCON/12 Amdt 4, which was concerned with the unsafe situation of these cabin combustion heaters. The amendment removes a reference to a now-cancelled AD, AD/AIRCON/9, and makes minor editorial changes for clarity. The AD applies across the Commonwealth of Australia, affecting all aircraft operators who use these cabin combustion heaters. The AD is a legislative instrument under the Civil Aviation Act 1988, which empowers CASA to issue such directives to ensure the safety of aircraft in Australian airspace. This AD does not introduce any new substantive requirements but rather provides clarification and updates to existing safety measures. The amendment comes into effect on 16 October 2019.

Key Provisions

The main operative sections of this legislative instrument are sections 98(5B) and (5BA) of the Civil Aviation Act 1988 (the Act), which allow for the creation of an airworthiness directive (AD) to ensure the safety of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) further empowers the Civil Aviation Safety Authority (CASA) to issue such ADs. AD/AIRCON/12 Amdt 5, issued by CASA, serves to amend the previous AD/AIRCON/12 Amdt 4 concerning cabin combustion heaters fitted to aircraft. This amendment removes a reference to a cancelled AD (AD/AIRCON/9) and includes minor editorial changes for clarity. The obligations imposed by this AD primarily focus on the maintenance and inspection of cabin combustion heaters. Operators of aircraft equipped with these heaters must comply with the updated AD, ensuring they follow the revised inspection and maintenance protocols as outlined in the incorporated technical documents. These documents include the Janitrol Aircraft Heaters Overhaul and Maintenance Manual, Kelly Aerospace Power Systems Service Bulletin No. 25, and the maintenance manuals for Hartzell Engine Technologies, Kelly Aerospace Power Systems, and Janaero Devices. CASA will provide access to these documents upon request for viewing only, respecting their proprietary nature. Failure to comply with the provisions of AD/AIRCON/12 Amdt 5 may result in safety issues concerning the airworthiness of the aircraft. While specific penalties are not detailed within this legislative instrument, non-compliance with ADs can lead to enforcement actions by CASA, which may include fines, suspension of airworthiness certificates, or other regulatory measures to ensure compliance. The severity of penalties would be determined by the nature and extent of the non-compliance, as well as any resulting safety risks.

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Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.