Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/BELL 206/57 Amdt 3 — Horizontal Stabiliser
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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. 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. 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/BELL 206/57 Amdt 3 applies to the Bell 206 and Leonardo (Agusta Bell) AB206 series helicopters.
The United States of America Federal Aviation Administration (FAA)) issued AD AD 76-05-01 affecting Bell 206 series Helicopters in 1976. The United States of America is the State of Design for this helicopter type.
CASA issued AD/BELL 206/57 to mandate the requirements of FAA AD 76-05-01. CASA subsequently issued AD/BELL 206/57 Amdt 1 to introduce a 25 hourly repetitive inspection requirement and AD/BELL 206/57 Amdt 2 to correct the part number applicability and further clarify the repetitive inspection requirement.
As a result of a request from industry, CASA has issued AD/BELL 206/57 Amdt 3 to further update the AD applicability. The new amendment applies to the relevant horizontal stabilisers only if they incorporate the specified inboard rib part numbers. This means the AD does not apply to horizontal stabilisers that include new inboard ribs, with new part numbers. This AD repeals and replaces the previous AD on this subject.
The Bell and Agusta Service Bulletins referred to in the AD can be obtained from Bell Helicopter Textron Canada and Leonardo Helicopters respectively. However, any Australian operator which operates the Bell 206 or Leonardo (Agusta Bell) AB206 helicopters are provided with these documents by Bell Helicopter Textron Canada and Leonardo Helicopters by subscription.
Consultation
This AD is being made at the request of industry, in particular an operator of the Bell 206 series helicopter. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from reducing the applicability by referencing specific inboard rib part numbers and thereby reducing burden for industry, 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 9 February 2018.
[Instrument number AD/BELL 206/57 Amdt 3]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/BELL 206/57 Amdt 3 – Horizontal Stabiliser
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 AD 76-05-01 affecting Bell 206 series Helicopters in 1976. The United States of America is the State of Design for this helicopter type. CASA issued AD/BELL 206/57 to mandate the requirements of FAA AD 76-05-01. CASA subsequently issued AD/BELL 206/57 Amdt 1 to introduce a 25 hourly repetitive inspection requirement and AD/BELL 206/57 Amdt 2 to correct the part number applicability and further clarify the repetitive inspection requirement. As a result of a request from industry, CASA has repealed and replaced AD/BELL 206/57 Amdt 2 to further update the AD applicability. The amended AD applies to the relevant horizontal stabilisers only if they incorporate the specified inboard rib part numbers. This means the AD does not apply to horizontal stabilisers that include new inboard ribs, with new part numbers.
The primary purpose of this legislative instrument is to further clarify and reduce the AD applicability and consequently reduce burden on industry.
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