Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/DHC-8/55 Amdt 1 - Horizontal Stabiliser Skin Disbonding Follow-up
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/DHC-8/55 applied to the De Havilland Canada DHC-8 series aircraft.
Transport Canada issued AD CF-98-24 (TC AD) affecting De Havilland Canada DHC-8 series aeroplanes in 1998. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/55 to mandate the requirements of TC AD CF-98-24. As a result of a request from industry, CASA has issued AD/DHC-8/55 Amdt 1 to update the section of the aircraft manufacturer’s Non-Destructive Testing Manual referenced in the AD. This AD repeals and replaces the previous AD on this subject.
Documents Incorporated by Reference
Under subsection 14 (2) of the Legislation Act 2003 (the LA), unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Subsection 98 (5D) of the Act provides that, despite section 14 of the LA, 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.
De Havilland Canada Non-Destructive Testing Manual, PSM 1-8-7A, Part 4, Section 55-00-01 provides instructions for performing ultrasonic bond inspections of the upper and lower skin panels (part number 85510025 and 85510026) for disbanding. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the commencement date of AD/DHC-8/55 Amdt 1. The technical document is not freely available.
DHC Maintenance Program Manual PSM 1-8-7 (for series 100 aircraft) and the AWL of DHC Maintenance Program Manual PSM 1-83-7 provide instructions for performing inspections. For subsection 98 (5D) of the Act, these technical document are incorporated as they exist on the commencement date of AD/DHC-8/55 Amdt 1. These technical documents are not freely available.
The technical documents incorporated into this AD, which are not freely available, are proprietary, copyright, fee-for-service document, prepared on a commercial basis. They 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 documents 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 instrument, or to any interested person.
Transport Canada AD CF-98-24 is not incorporated by reference but is referred to in the AD for background information purposes. It is freely available from Transport Canada’s website at the following internet address:
https://wwwapps.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/AD_html.aspx?ad=CF-98-24&cn=CF&l=E
Consultation
This AD is being made at the request of industry, in particular an operator of the De Havilland DHC-8 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating the section of the aircraft manufacturer’s Non-Destructive Testing Manual referenced in the AD, 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.
Sector risk, economic and cost impact
Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
The economic and cost impact of the instrument has been determined by:
(a) the identification of individuals and businesses affected by the instrument;
(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements;
(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government.
CASA has assessed that there will be no economic or cost impact of the instrument in comparison to the AD being repealed.
Impact on categories of operations
The instrument will not have any impact on categories of aircraft operations as CASA has assessed that there will be no economic or cost impact of the instrument in comparison to the AD being repealed.
Impact on regional and remote communities
For the same reason, the instrument will not have a negative impact on regional and remote communities.
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.
As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.
The instrument commences on 15 April 2022.
[Instrument number AD/DHC-8/55 Amdt 1]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/DHC-8/55 Amdt 1 - Horizontal Stabiliser Skin Disbonding Follow-up
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
Transport Canada issued AD CF-98-24 (TC AD) affecting De Havilland Canada DHC-8 series aeroplanes in 1998. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/55 to mandate the requirements of TC AD CF-98-24. As a result of a request from industry, CASA has repealed and replaced AD/DHC-8/55 to update the section of the aircraft manufacturer’s Non-Destructive Testing Manual referenced in the AD.
The primary purpose of this legislative instrument is to update a document reference in 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