AD/AL 250/64 Amdt 4 Internal Energy Absorbing Ring

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

Legislation au F2021L01408 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/AL 250/64 Amdt 4 - Internal Energy Absorbing Ring

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), the Civil Aviation Safety Authority (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.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

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. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/AL 250/64 Amdt 4 applies to Rolls Royce (formerly Allison) 250 series engines.

The United States of America Federal Aviation Administration (FAA) issued AD 86‑19-12 affecting Rolls Royce (formerly Allison) 250 series engines in 1986. The United States of America is the State of Design for this engine type. CASA subsequently issued AD/AL 250/64 Amdt 3 to mandate the requirements of FAA AD 86-19-12. As a result of an internal review, CASA has issued AD/AL 250/64 Amdt 4 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Rolls Royce (Allison) Alert Service Bulletin (ASB) CEB-A-72-3128 R1, provides instructions for the modification of the gas producer support and installation of an internal energy absorbing ring. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date of commencement of the AD. The technical document is not freely available.

 

The technical document incorporated into this AD, which is not freely available, is a proprietary, copyright, fee-for-service document, prepared on a commercial basis. It can 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 technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical document 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 instrument, or to any interested person.

The Federal Aviation Administration AD 86-19-12 is mentioned in the AD but not incorporated by reference in it. It is freely available from the Federal Aviation Administration website at the following internet address: FAA AD 86-19-12 (faa.gov)

AD/AL 250/66 Amdt 3 is also mentioned in the AD but not incorporated by reference in it. It is freely available on www.legislation.gov.au.

Consultation

This AD is being made as a result of an internal CASA review to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating references to reflect current requirements, 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.

As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.

The instrument commences on 8 October 2021.

[Instrument number AD/AL 250/64 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/AL 250/64 Amdt 4 - Internal Energy Absorbing Ring

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

The United States of America Federal Aviation Administration (FAA) issued AD 86‑19-12 affecting Rolls Royce (formerly Allison) 250 series engines in 1986. The United States of America is the State of Design for this engine type. CASA subsequently issued AD/AL 250/64 Amdt 3 to mandate the requirements of FAA AD 86-19-12. As a result of an internal review, CASA has issued AD/AL 250/64 Amdt 4 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988.

The primary purpose of this legislative instrument is to remove obsolete references and make minor editorial changes to reflect current requirements.

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 enacted to ensure the safety of civil aviation in Australia, aligning with international standards and practices. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to carry out and give effect to provisions of the Convention on International Civil Aviation, particularly concerning safety. The Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) under regulation 39.001 of the CASR, mandating requirements to ensure the continuing airworthiness of aircraft and aeronautical products. The objective is to maintain high safety standards by ensuring compliance with international safety protocols. AD/AL 250/64 Amdt 4 specifically addresses modifications to Rolls Royce (formerly Allison) 250 series engines, updating and removing obsolete references to legislative instruments under the Civil Aviation Regulations 1988. This amendment aims to streamline and modernise the regulatory framework, ensuring that aircraft operators can continue to operate safely within Australian and international airspace.

Scope and Application

The AD/AL 250/64 Amdt 4 issued by the Civil Aviation Safety Authority (CASA) pertains specifically to Rolls Royce (formerly Allison) 250 series engines. This amendment aims to update and streamline the existing airworthiness directive by removing references to legislative instruments that are no longer in force under the Civil Aviation Regulations 1988, thus ensuring that the directive remains current and effective. This amendment applies to all aircraft operators who use the specified engine type within Australian airspace, thereby ensuring compliance with safety standards. The AD does not alter the substantive requirements but rather updates the references to maintain regulatory alignment. The amendment is effective from 8 October 2021, and its geographic scope is limited to Australia, ensuring that aircraft registered in Australia and operated within its jurisdiction adhere to the updated safety standards. Exemptions or exclusions from this AD are not explicitly stated, implying that it applies universally to the specified engine type within the Australian aviation sector. The Act extends its application through the incorporation of referenced technical documents, although these are proprietary and not freely available, reflecting the international standards for continuing airworthiness.

Key Provisions

The AD/AL 250/64 Amdt 4 is an amendment to the airworthiness directive issued under the Civil Aviation Safety Regulations 1998 (CASR). It specifically addresses Rolls Royce (formerly Allison) 250 series engines and mandates the installation of an internal energy absorbing ring, as outlined in Rolls Royce (Allison) Alert Service Bulletin (ASB) CEB-A-72-3128 R1. The directive references the FAA AD 86-19-12 but does not incorporate it by reference, and it also mentions AD/AL 250/66 Amdt 3, which is freely available on the Australian Government’s legislation website. The amendment is made to remove references to outdated legislative instruments under the Civil Aviation Regulations 1988 and to incorporate current technical documentation. The obligations under this AD require aircraft operators and owners to ensure that the specified modifications to their Rolls Royce (formerly Allison) 250 series engines are carried out to maintain airworthiness. Operators must refer to the Rolls Royce (Allison) ASB CEB-A-72-3128 R1 for detailed instructions on the modification process, including the installation of the internal energy absorbing ring. CASA will provide access to the necessary sections of this document, but it will be available only for viewing due to its proprietary nature. Operators must also ensure compliance with any additional instructions or requirements that may be provided by CASA or the engine manufacturer. Failure to comply with the requirements set forth in AD/AL 250/64 Amdt 4 can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can be considered an offence. The maximum penalty for such an offence is a fine of up to 120 penalty units (currently AUD 22,260) for an individual and up to 600 penalty units (currently AUD 111,300) for a body corporate. Additionally, CASA may take enforcement action, which could include grounding the aircraft until the required modifications are completed, thereby potentially impacting the operator’s ability to conduct commercial flights. The AD/AL 250/64 Amdt 4 is intended to have enduring operation, as it pertains to correcting an unsafe condition related to aircraft airworthiness. Therefore, it is exempt from the sunsetting provisions under the Legislation Act 2003. The directive commenced on 8 October 2021 and is intended to ensure that the specified modifications are implemented to maintain the continuing airworthiness of the affected aircraft.

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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.