Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BELL 214/10 – Main Rotor Drag Brace Assembly

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.

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 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. Regulation 39.001A of CASR, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.

The United States of America Federal Aviation Administration issued AD 85‑18-06 (FAA AD) affecting Bell Helicopter Textron 214 series helicopters in 1985. The United States is the State of Design for these helicopters. As there is a Bell 214 series helicopter on the Australian aircraft register, and as FAA AD 85‑18-06 pre-dates the automatic acceptance of foreign State of Design ADs under Part 39 of CASR, CASA has issued AD/BELL 214/10 to mandate the requirements of FAA AD 85‑18-06, as in force at the date of issue of AD/BELL 214/10.

Documents Incorporated by Reference

The specific technical requirements of the FAA AD are stated in the following technical document, which is incorporated into AD/BELL 214/10 by reference:

• Bell Helicopter Textron Inc. Alert Service Bulletin 214-85-28, dated 3 September 1985, which states the aircraft manufacturer’s inspection procedures for the main rotor drag brace assembly for the Bell 214B and 214B-1 aircraft. 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. 

A 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 direction instrument, or to any interested person.

The FAA AD is freely available from the FAA’s website at the following internet address:

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/BA1EC1503A65784086256A4E005019E2?OpenDocument.

Consultation

As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, 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 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 17 July 2018.

[Instrument number AD/BELL 214/10]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/BELL 214/10 – Main Rotor Drag Brace Assembly

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/BELL 214/10 has been issued to mandate the requirements of FAA AD 85-18-06, applicable to Bell Helicopter Textron 214 series helicopters in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation.

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