Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/CESSNA 400/86 Amdt 2 — Powerplant Fire Detection System - Installation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), 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.
CASA initially issued AD/CESSNA 400/86 in 1983 to mandate the requirements of the United States of America Federal Aviation Administration (FAA) Code of Federal Regulations (CFR) 14 Part 23.1203, the then current certification basis for Cessna 400 series aeroplanes. This followed an investigation by CASA into hot gas escaping from failed exhaust manifolds which had caused serious structural damage to nacelles and wings, including the forward wing spar, the main structural member of the wing. Without the fire detection system, hot gas from a failed exhaust duct impinging on the structure may remain undetected in flight with potentially fatal results. In order to reduce this threat, fire detectors are to be installed. The requirement for a fire detection system was not required under the original FAA Certification Basis being Part 3 of the Civil Air Regulations dated May 15, 1956, (CAR 3) for Cessna Models 401, 401A, 401B, 402, 402A, 402B, 411, 411A, 414, 421, 421A, that is, the CESSNA 400 series. Following FAA certification basis changes, Cessna produced an engine fire detection and extinguishing system kit as an option for earlier serial number aeroplanes. AD/CESSNA 400/86 only mandated the installation of the detector. CASA issued AD/CESSNA 400/86 Amdt 1 in 1984 to clarify the intent of Note 2 in the Requirement section.
CASA has amended AD/CESSNA 400/86 Amdt 1 to remove obsolete terms and references to obsolete regulations in the Requirement and in Note 2. The amended AD, AD/CESSNA 400/86 Amdt 2, will become effective on 29 November 2013. This AD cancels and replaces the previous issue.
Consultation
This amendment is being made as a result of an internal review and assessment of the ADs for Cessna 400 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from removing obsolete terms and references to obsolete regulations in the Requirement and in Note 2 of the AD, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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.
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 1998 and subsection 94 (1) of the Act.
The instrument commences on 29 November 2013.
[Instrument number AD/CESSNA 400/86 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/CESSNA 400/86 Amdt 2 – Powerplant Fire Detection System - Installation
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 initially issued AD/CESSNA 400/86 in 1983 to mandate the requirements of FAA CFR 14 Part 23.1203, the then current certification basis for Cessna 400 series aeroplanes. This followed an investigation by CASA into hot gas escaping from failed exhaust manifolds which had caused serious structural damage to nacelles and wings, including the forward wing spar, the main structural member of the wing. Without the fire detection system, hot gas from a failed exhaust duct impinging on the structure may remain undetected in flight with potentially fatal results. In order to reduce this threat, fire detectors are to be installed. The requirement for a fire detection system was not required under the original FAA Certification Basis being Part 3 of the Civil Air Regulations dated May 15, 1956, (CAR 3) for Cessna Models 401, 401A, 401B, 402, 402A, 402B, 411, 411A, 414, 421, 421A, that is, the CESSNA 400 series. Following FAA certification basis changes, Cessna produced an engine fire detection and extinguishing system kit as an option for earlier serial number aeroplanes. AD/CESSNA 400/86 only mandated the installation of the detector. CASA issued AD/CESSNA 400/86 Amdt 1 in 1984 to clarify the intent of Note 2 in the Requirement section.
The primary purpose of this legislative instrument is to remove obsolete terms and references to obsolete regulations in the Requirement section and Note 2 of the AD.
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