AD/ENST 28/1 Amdt 6 - Retirement Life - Critical Components

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/ENST 28/1 Amdt 6 - Retirement Life - Critical Components

 

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 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/ENST/28Amdt 6 applies to the ENSTROM F-28, 280, TH-28 and 480 Series helicopters.

 

On 15 December 2015, the United States of America Federal Aviation Administration (FAA) issued Type Certificate Data Sheet (TCDS) No. H1CE Revision 35, affecting all ENSTROM series helicopters. The United States of America is the State of Design for this aircraft type. In 2004, CASA previously issued AD/ENST 28/1 Amdt 5 to mandate and clarify the requirements of the fatigue critical component retirement requirements of FAA TCDS No. H1CE Revision 23. As a result of a request from industry to clarify the mandatory fatigue critical component retirement requirements of FAA TCDS No. H1CE Revision 35, which was in clear conflict with CASA AD/ENST 28/1 Amdt 5, CASA has issued AD/ENST 28/1 Amdt 6 to ensure that Registered Operators refer directly to the primary fatigue critical component retirement control document at appropriate intervals, and to avoid CASA inadvertently mandating superseded retirement lives on critical fatigue sensitive components. This AD repeals and replaces the previous AD on this subject.

 

 

 

 

Legislative Instruments Act 2003 (the LIA)

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, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

This AD is being made in response to an industry enquiry. It is the result of an internal CASA assessment that AD/ENST 28/1 Amendment 5 had inadvertently introduced a possible unsafe condition by mandating outdated critical component retirement lives. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from making it clear that the Registered Operator is directly responsible for the continuing airworthiness of the helicopter by monitoring the FAA TCDS No. H1CE revision status, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

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 January 2016.

 

[Instrument number AD/ENST 28/1 Amdt 6]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/ENST 28/1 Amdt 6 - Retirement Life - Critical Components

 

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 is the State of Design for this aircraft type. In 2004, CASA previously issued AD/ENST 28/1 Amdt 5 to clarify and mandate the requirements of the fatigue critical component retirement requirements of FAA TCDS No. H1CE Revision 23. As a result of a request from industry to clarify the mandatory fatigue critical component retirement requirements of FAA TCDS No. H1CE Revision 35, it was found that CASA AD/ENST 28/1 Amendment 5 was superseded and in clear conflict with the current issue of FAA TCDS H1CE. CASA has issued AD/ENST 28/1 Amdt 6 to ensure that Registered Operators refer directly to the primary fatigue critical component retirement control document (the TCDS) at appropriate intervals. Such action will prevent CASA inadvertently mandating superseded retirement lives on critical fatigue sensitive components.

The primary purpose of this legislative instrument is to ensure that the Registered Operator complies with the current requirements of FAA TCDS H1CE and remove the risk associated with CASA inadvertently mandating superseded life limits.

 

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. They allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. The AD/ENST 28/1 Amdt 6, issued on 29 January 2016, is a legislative instrument made by a delegate of CASA under the authority of the Civil Aviation Act 1988 and the Legislative Instruments Act 2003. This amendment responds to a conflict between CASA AD/ENST 28/1 Amendment 5 and the United States Federal Aviation Administration's (FAA) Type Certificate Data Sheet (TCDS) No. H1CE Revision 35, clarifying the fatigue critical component retirement requirements for the ENSTROM F-28, 280, TH-28, and 480 Series helicopters. The AD aims to ensure that Registered Operators refer to the current TCDS at appropriate intervals, thereby preventing CASA from inadvertently mandating outdated retirement lives on critical components. The amendment is not subject to further consultation as it is considered a minor adjustment, and a Regulation Impact Statement is not required under the agreement between CASA and the Office of Best Practice Regulation. The AD/ENST 28/1 Amdt 6 is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (AD/ENST 28/1 Amendment 6) pertains specifically to the ENSTROM F-28, 280, TH-28, and 480 Series helicopters, which are subject to the regulations of the Civil Aviation Safety Authority (CASA) in Australia. This amendment applies to registered operators of these aircraft types, mandating their compliance with the latest fatigue critical component retirement requirements as stipulated by the Federal Aviation Administration (FAA) in the United States, the State of Design for these helicopters. By repealing and replacing AD/ENST 28/1 Amendment 5, this amendment aims to eliminate the risk of CASA inadvertently enforcing outdated life limits on critical components, ensuring that operators directly reference the current FAA Type Certificate Data Sheet (TCDS) No. H1CE Revision 35. The amendment is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. As it is deemed to be of a minor or machinery nature, further consultation was not considered necessary. The amendment commences on 29 January 2016, and a Statement of Compatibility with Human Rights confirms its compatibility with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of AD/ENST 28/1 Amdt 6 are designed to ensure the continuing airworthiness of specific helicopter models by clarifying the fatigue critical component retirement requirements. This amendment to the Airworthiness Directive (AD) addresses the conflict between the previous AD/ENST 28/1 Amdt 5 and the more recent FAA Type Certificate Data Sheet (TCDS) No. H1CE Revision 35. Section 33(3) of the Acts Interpretation Act 1901 confirms that the power to issue ADs includes the ability to amend or repeal previous directives. This AD is issued under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. It specifically applies to the ENSTROM F-28, 280, TH-28 and 480 Series helicopters, and it mandates that Registered Operators refer directly to the FAA TCDS at appropriate intervals to avoid using outdated retirement lives for critical components. The obligations imposed by this AD on the parties it governs primarily concern the Registered Operators of the affected helicopters. They are required to ensure that they adhere to the current TCDS H1CE Revision 35 for determining the retirement lives of fatigue-critical components. This involves regularly reviewing the TCDS to avoid implementing superseded information, thus maintaining the safety and airworthiness of the helicopters. The AD makes it clear that the responsibility for ensuring compliance with the latest requirements lies with the Registered Operators, not CASA. This shift in responsibility aims to ensure that the operators are directly accountable for the maintenance and safety of their aircraft. In terms of breaches and consequences, the AD itself does not explicitly detail specific offences, penalties, or consequences for non-compliance. However, non-compliance with ADs is generally treated seriously under the Civil Aviation Act 1988. Violations can lead to enforcement actions by CASA, which may include administrative penalties, fines, and in severe cases, the grounding of non-compliant aircraft. The seriousness of the consequences underscores the importance of adhering to the AD to ensure the safety of air navigation. While the AD does not specify maximum penalties, the broader legislative framework provides for significant repercussions for non-compliance, reflecting the critical nature of airworthiness directives in maintaining aviation safety standards.

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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.