AD/F100/92 - Engine Controls - Fuel Fire Shut-off Valve Actuator - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure the safety of air navigation in Australia. This legislation serves to establish the framework within which the Civil Aviation Safety Regulations 1998 operate, specifically addressing the issuance of airworthiness directives (ADs) to maintain the safety and airworthiness of aircraft. Under the Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for certain types of aircraft or aeronautical products. This regulatory measure is crucial for ensuring that aircraft remain in a safe condition throughout their operational life, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, and their creation is overseen by CASA, fulfilling Australia's obligations as a State of Registry. The process of issuing and cancelling ADs, such as the recent cancellation of AD/F100/92 in favour of AD/F100/95 due to an AD issued by the Netherlands, reflects the dynamic nature of aviation safety regulations and the international coordination required to maintain these standards.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the safety aspects of civil aviation in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These ADs are legislative instruments, subject to disallowance and oversight as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act and its regulations extend to all aircraft and aeronautical products registered in Australia and those used in Australian airspace, thereby encompassing a broad range of entities including aircraft manufacturers, operators, and maintenance providers. The jurisdictional reach of these provisions is national, aligning with Australia's commitments under the Convention on International Civil Aviation. The ADs are issued in response to international standards and practices, particularly those set by the International Civil Aviation Organization (ICAO). Exclusions and exemptions are not explicitly detailed in this particular regulatory action but generally align with the specific requirements of the ADs, which are tailored to particular aircraft types or products. The ADs may be further refined or extended through subordinate instruments, ensuring the regulatory framework remains responsive to evolving safety standards and technological advancements.

Key Provisions

The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This regulatory framework ensures that aircraft remain safe and airworthy throughout their operational lives. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus fall under the definition of a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These airworthiness directives are crucial for the continuing airworthiness of aircraft, with the State of Design having the primary responsibility under Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the airworthiness of a type of aircraft. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to maintain the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. In the specific instance of AD 2009-0168 issued by the European Aviation Safety Agency (EASA) affecting Fokker F28 Mk 070 and Mk 0100 series aircraft, the Netherlands, as the State of Design, issued an AD. CASA assessed this directive and subsequently cancelled Australian AD/F100/92, with the cancellation becoming effective on 24 September 2009. This cancellation was due to the superseded nature of the original AD, as it was replaced by AD/F100/95. As the cancellation was in response to the AD raised by the relevant State of Design and in compliance with Australia’s obligations under the Convention on International Civil Aviation, no public consultation was necessary. Furthermore, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with subsection 84A(2) of the Act. This ensures that CASA follows the legislative requirements when issuing or cancelling ADs, maintaining the safety and airworthiness of aircraft in Australia.