Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/AL 250/91 Amdt 2 - Engine Compressor Module - Removal from Service
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.
CASA issued AD/AL 250/91 to correct an unsafe situation on aircraft fitted with Rolls-Royce Allison 250 series engines on 17 March 2020 in response to a recent audit of a New Zealand maintenance organisation by the New Zealand Civil Aviation Authority (NZ CAA) which determined that compressor module inspections and repairs of these modules may not have been carried out in accordance with approved Rolls-Royce procedures. The NZ CAA had published AD DCA/AL250/60 to correct this unsafe condition for New Zealand registered aircraft. The NZ CAA had since revised their AD and issued DCA/AL250/60A to add another series of compressor module, introduce additional serial numbers to each module series and make minor editorial changes throughout the text and CASA issued AD/AL 250/90 Amdt 1 to incorporate equivalent changes to its AD. The NZ CAA have now revised their AD and issued DCA/AL250/60B to add compressor module C47 serial number CAC44094 to the applicability of their AD and CASA is issuing AD/AL 250/91 Amdt 2 to incorporate equivalent changes. This AD repeals and replaces the previous AD on this subject to incorporate these changes.
Documents Incorporated by Reference
There are no documents incorporated by reference. NZ CAA AD DCA/AL250/60B is listed as a source document for two tables of affected compressor modules. This AD is freely available at the following internet address:
https://www.aviation.govt.nz/assets/aircraft/airworthiness-directives/Airw-Dir-Sched-20-04.pdf
Consultation
CASA has not consulted with the Australian aviation industry and the general public regarding AD/AL 250/91 Amdt 2 as the affected part is known to be currently located in the United States of America and there is no impact on operators of aircraft currently on the Australian aircraft register. The amendment of the AD is to ensure that operators take appropriate action if the affected part is ever imported into Australia.
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 AD 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 8 May 2020.
[Instrument number AD/AL 250/91 Amdt 2]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/AL 250/91 Amdt 2 - Engine Compressor Module - Removal from Service
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 legislative instrument is an airworthiness directive (AD). AD/AL 250/91 Amdt 2 has been issued to require removal from service of certain Rolls-Royce Allison 250 series engine compressor modules which may not have had inspections or repairs carried out in accordance with manufacturer approved procedures.
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