AD/FSM/31 Amdt 3 - Fuel Injection Servo Plugs

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

Legislation au F2013L01792 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/FSM/31 Amdt 3 — Fuel Injection Servo Plugs

 

Background

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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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.

 

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 Convention), 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. Where a State of Design has 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 State of Design.

 

Instrument

On 13 January 2009, the Federal Aviation Authority (FAA) of the United States of America issued AD 2009-02-03, affecting Precision Airmotive LLC, RSA-5 or RSA‑10 series, or Bendix RSA-5 or RSA-10 series fuel injection servos. The United States of America is the State of Design for this equipment. Australian AD/FSM/31 Amdt 2 was equivalent to FAA AD 2009-02-03 and contained an incorrect cross‑reference to the FAA AD in Note 1 of the Requirement section. As a result of a request from industry, CASA has issued this AD with the correct cross-reference to the FAA AD. This AD also makes minor editorial changes. This AD cancels and replaces AD/FSM/31 Amdt 2.

 

Consultation

This AD is issued in accordance with Australia’s obligations under the Convention. It was requested by a participant in the aviation industry. It is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a cross-reference and other editorial changes. In these circumstances, CASA’s view is that no further consultation is appropriate or necessary and, therefore, no further consultation of the Australian public has taken place.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the AD is covered by a standing agreement between CASA and OBPR 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 AD 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 18 October 2013.

 

[Instrument number AD/FSM/31 Amdt 3]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/FSM/31 Amdt 3 — Fuel Injection Servo Plugs

 

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 Federal Aviation Administration (FAA) of the United States of America issued FAA Airworthiness Directive (AD) 2009-02-03 affecting Precision Airmotive and Bendix RSA-5 and RSA-10 fuel injection servos. CASA subsequently issued AD/FSM/31 Amdt 2 to mandate the requirements of FAA AD 2009-02-03.

 

The purpose of this legislative instrument is to revoke and replace AD/FSM/31 Amdt 2 to update a cross-reference to the FAA AD and to make other minor editorial changes. It does not substantially alter existing arrangements.

 

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 were enacted to provide a regulatory framework that ensures the safety of air navigation in Australia. This legislative instrument was introduced to address issues related to the continuing airworthiness of aircraft and aeronautical products, aligning with international standards under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 were enacted by the Australian Parliament to ensure compliance with these international standards and to mandate the continuing airworthiness of aircraft registered in Australia. The policy objective is to enhance aviation safety through effective regulation and oversight. This particular amendment to the regulations was made by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, to correct an error in a previous airworthiness directive and to make minor editorial changes. The amendment does not substantially alter existing arrangements and was issued in accordance with Australia's obligations under the Convention.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (AD/FSM/31 Amendment 3) addresses the correction of a cross-reference and minor editorial changes to an existing airworthiness directive concerning fuel injection servo plugs for certain aircraft models. This legislative instrument applies to aircraft operators and maintenance organisations involved with Precision Airmotive LLC RSA-5 or RSA-10 series, or Bendix RSA-5 or RSA-10 series fuel injection servos registered in Australia. The amendment ensures that Australian airworthiness directives align with those issued by the Federal Aviation Administration (FAA) in the United States, maintaining international standards for aircraft safety. The Civil Aviation Safety Regulations 1998, under which this amendment is made, govern the safety of air navigation and provide the authority for the Civil Aviation Safety Authority (CASA) to issue such directives. The amendment is a legislative instrument and extends to the Commonwealth of Australia, impacting all aircraft operating within its jurisdiction. The amendment does not introduce new exclusions, exemptions, or thresholds but corrects existing regulatory text to enhance clarity and compliance with international aviation standards.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended by AD/FSM/31 Amdt 3, specifically address issues concerning fuel injection servo plugs, impacting certain models of Precision Airmotive LLC and Bendix RSA-5 or RSA-10 series fuel injection servos. This directive, issued by the Civil Aviation Safety Authority (CASA), serves to correct an earlier version, AD/FSM/31 Amdt 2, by updating an incorrect cross-reference to the corresponding Federal Aviation Administration (FAA) Airworthiness Directive (AD) 2009-02-03. Furthermore, the amendment incorporates minor editorial changes aimed at enhancing clarity and accuracy. The directive cancels and replaces the previous version, ensuring alignment with international standards and addressing specific technical discrepancies. The obligations imposed by this directive on the parties and entities it governs primarily involve ensuring compliance with the specified airworthiness requirements. This includes verifying that the fuel injection servo plugs on affected aircraft meet the criteria set forth in the FAA AD 2009-02-03, as updated by AD/FSM/31 Amdt 3. Operators of the affected aircraft must implement the necessary actions to rectify any issues identified by the directive. Additionally, manufacturers and maintenance organisations must ensure that all required modifications and inspections are performed according to the updated specifications. CASA retains the authority to monitor and enforce compliance, ensuring that all necessary safety measures are met. Failure to comply with the requirements outlined in AD/FSM/31 Amdt 3 could lead to significant consequences. The primary risk is the potential for non-compliance to compromise the airworthiness of the affected aircraft, thereby endangering safety. While the specific penalties for non-compliance are not detailed in the directive itself, general provisions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may apply. These could include fines, legal action, and potential grounding of non-compliant aircraft. The severity of the penalties may vary based on the extent of the non-compliance and the impact on aviation safety. Ensuring adherence to this directive is critical for maintaining the safety and integrity 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.