AD/CON/63 Amdt 2 - Connecting Rods

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L01930 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/CON/63 Amdt 2 — Connecting Rods

 

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 raised AD/CON/63 Amdt 1 to correct an unsafe situation on Teledyne Continental Motors (TCM) engines in 1999. This AD designates the source document which must be consulted for connecting rod torque values for all TCM engines to prevent inadvertent use of out-dated data. The State of Design for these engines, the United States of America, has not yet taken action to correct this unsafe condition. As there are many examples of TCM engines on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.

 

As a result of a request from industry, CASA has issued AD/CON/63 Amdt 2 to notate the acceptability of later revisions to TCM Service Bulletin SB96-7C, approved by the United States of America Federal Aviation Administration (FAA) and make minor editorial corrections throughout the text. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This AD is being made at the request of industry. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a cross-reference and effecting minor editorial changes, 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 21 November 2013.

 

 

 

[Instrument number AD/CON/63 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/63 Amdt 2 – Connecting Rods

 

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 issued AD AD/CON/63 Amdt 1 affecting Teledyne Continental Motors (TCM) engines in 1999. The State of Design for these engines, the United States of America, has not yet taken action to correct this unsafe condition. As there are many examples of these engines on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has repealed and replaced AD/CON/63 Amdt 1 to notate the acceptability of later revisions to TCM Service Bulletin SB96-7C, approved by the FAA and make minor editorial corrections throughout the text.

 

The primary purpose of this legislative instrument is to correct a cross-reference and make minor editorial changes.

 

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia. The Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) under the Civil Aviation Act 1988. The AD/CON/63 Amdt 2, issued in 2013, was created in response to an unsafe condition identified in Teledyne Continental Motors (TCM) engines, which had not been addressed by the United States of America, the State of Design. This AD amends the previous AD/CON/63 Amdt 1 to notate the acceptability of later revisions to TCM Service Bulletin SB96-7C, approved by the Federal Aviation Administration (FAA), and to make minor editorial corrections throughout the text. The AD was issued at the request of industry, and CASA determined that further consultation was unnecessary due to the minor nature of the changes. The AD is compatible with human rights, as it does not engage any applicable rights or freedoms.

Scope and Application

The AD/CON/63 Amdt 2 is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This instrument applies to aircraft registered in Australia that are powered by Teledyne Continental Motors (TCM) engines, specifically addressing the safe operation of these engines by ensuring the correct torque values for connecting rods. The instrument also amends previous directives to reflect updated technical standards approved by the Federal Aviation Administration (FAA) in the United States, the State of Design for TCM engines. This legislative instrument does not apply to aircraft outside Australia or to engines not registered under the Australian aviation registry. Additionally, this amendment is limited to correcting a cross-reference and making minor editorial changes, hence it does not require a Regulation Impact Statement or further consultation. The AD/CON/63 Amdt 2 ensures that the safety standards for TCM engines in Australian aircraft align with international best practices, thereby enhancing the overall safety of air navigation within Australia.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998), under the authority of section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for types of aircraft or aeronautical products. Regulation 39.001 specifically allows CASA to issue such directives to ensure the safety of air navigation. AD/CON/63 Amdt 2 is one such legislative instrument, addressing the safety concerns of Teledyne Continental Motors (TCM) engines by updating the source document for connecting rod torque values and making minor editorial corrections. This amendment is a response to an unsafe condition identified in 1999 and serves to correct outdated data references, ensuring that Australian aircraft remain airworthy. The obligations imposed by AD/CON/63 Amdt 2 on the relevant parties include ensuring that all TCM engines registered in Australia adhere to the updated torque values and other specifications outlined in the directive. This necessitates the consultation of the revised service bulletin, SB96-7C, approved by the Federal Aviation Administration (FAA) of the United States. The directive is clear in its requirement that operators and maintenance personnel must implement these changes to maintain the airworthiness of their aircraft. Additionally, it mandates that any documentation related to engine maintenance or inspections must reflect the updated information provided in the AD. Failure to comply with the provisions of AD/CON/63 Amdt 2 may result in significant consequences. While the AD itself does not specify particular offences or penalties, non-compliance with airworthiness directives generally falls under the broader regulatory framework established by the Civil Aviation Act 1988. This could potentially lead to enforcement actions by CASA, which might include fines, suspension or revocation of aircraft operating certificates, and other administrative or legal actions to ensure adherence to safety standards. The penalties for non-compliance could be severe, considering the critical nature of airworthiness directives in maintaining the safety of air navigation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.