Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/CON/56 Amdt 2 — Number Two Crankcase Main Bearing Integrity
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/CON/56 Amdt 2 applies to Continental Motors Model TSIO-520BE engines S/N 528001 through 528337.
The United States of America Federal Aviation Administration issued AD 89-14-01 affecting Continental Motors Model TSIO-520BE engines S/N 528001 through 528337 in 1989. The United States of America is the State of Design for this engine model. CASA subsequently issued AD/CON/56 to mandate the requirements of Federal Aviation Administration AD 89-14-01. CASA subsequently issued AD/CON/56 Amdt 1 to introduce terminating action for the AD. As a result of an internal review, CASA has issued AD/CON/56 Amdt 2 to remove references to legislative instruments no longer in force under Civil Aviation Regulation 1988. This AD repeals and replaces the previous AD on this subject.
Documents Incorporated by Reference
Teledyne Continental Motors (TCM) Service Bulletin (SB) M89-14 Thru Bolt Torque Check and Visual Inspection #2 Main Bearings, dated 29 June 1989 (the technical document), details the checks and inspections necessary to assess the integrity of the number two main crankcase bearing. For subsection 98 (5D) of the Act, this technical document is incorporated by reference in the AD as it exists on the commencement date of the AD. The technical document is not freely available.
The technical document 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 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 Federal Aviation Administration AD 89-14-01 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 89-14-01
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 Civil Aviation Regulation 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.
The instrument commences on 20 August 2021.
[Instrument number AD/CON/56 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/CON/56 Amdt 2 – Number Two Crankcase Main Bearing Integrity
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 issued AD 89-14-01 affecting Continental Motors Model TSIO-520BE engines S/N 528001 through 528337 in 1989. The United States of America is the State of Design for this engine model. CASA subsequently issued AD/CON/56 to mandate the requirements of Federal Aviation Administration AD 89-14-01. CASA subsequently issued AD/CON/56 Amdt 1 to introduce terminating action for the AD. As a result of an internal review, CASA has issued AD/CON/56 Amdt 2 to remove references to legislative instruments no longer in force under Civil Aviation Regulation 1988. This AD repeals and replaces the previous AD on this subject.
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