AD/JBK 117/9 Amdt 1 Retrofit of Engine Overspeed Controller

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Legislation au F2021L01092 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/JBK 117/9 Amdt 1 — Retrofit of Engine Overspeed Controller

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/JBK 117/9 Amdt 1 applies to Kawasaki BK 117 series helicopters fitted with Honeywell International LTS101-650B1 or LTS101‑750B1 model engines.

The United States of America Federal Aviation Administration (FAA) issued AD 95‑26-01 affecting Honeywell International LTS101-650B1 and LTS101-750B1 model engines in 1996. The United States of America is the State of Design for this engine type. CASA subsequently issued AD/JBK 117/9 to mandate the requirements of FAA AD 95-26-01. As a result of an internal review, CASA has issued AD/JBK 117/9 Amdt 1 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Kawasaki Service Bulletin Number KSB-117-101, Retrofit of an Electrical Engine Over-Speed Protection System, details the wiring and associated hardware installation requirements to prevent a power turbine overspeed. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the commencement date of the AD.  The technical document is not freely available.

 

The technical document incorporated into this AD, which is not freely available, is a proprietary, copyright, fee-for-service document, prepared on a commercial basis. It 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 document 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.

CASA AD/LTS/13 Amdt 1, is also incorporated into the instrument. For subsection 98 (5D) of the Act, this AD is incorporated as in force from time to time. The AD is freely available on CASA’s website www.casa.gov.au and the Federal Register of Legislative Instruments.

The Federal Aviation Administration AD 95-26-01 is mentioned in the AD but not incorporated by reference in it. It is freely available from the Federal Aviation Administration website at the following internet address:

FAA AD 95-26-01 (faa.gov)

Consultation

This AD is being made as a result of an internal CASA review to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating references to reflect current requirements, 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.

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.

The instrument commences on 20 August 2021.

[Instrument number AD/JBK 117/9 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/JBK 117/9 Amdt 1 – Retrofit of Engine Overspeed Controller

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 Federal Aviation Administration (FAA) issued AD 95‑26-01 affecting Honeywell International LTS101-650B1 and LTS101-750B1 model engines in 1996. The United States of America is the State of Design for this engine type. The Civil Aviation Safety Authority (CASA) subsequently issued AD/JBK 117/9 to mandate the requirements of FAA AD 95-26-01. As a result of an internal review, CASA has repealed and replaced AD/JBK 117/9 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988.

The primary purpose of this legislative instrument is to remove obsolete references and make minor editorial changes to reflect current requirements.

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 amended in 2021 to address the need for updating airworthiness directives related to aircraft engine safety. This amendment, denoted as AD/JBK 117/9 Amdt 1, specifically targets Kawasaki BK 117 series helicopters equipped with Honeywell LTS101-650B1 or LTS101-750B1 model engines. The original directive, AD/JBK 117/9, mandated the requirements of a United States Federal Aviation Administration directive issued in 1996. However, following an internal review by the Civil Aviation Safety Authority (CASA), it was determined necessary to update the directive to remove references to outdated legislative instruments under the Civil Aviation Regulations 1988. This amendment serves to ensure that the continuing airworthiness of these aircraft is maintained in compliance with current safety standards. The amendment was made under the authority conferred by the Civil Aviation Act 1988, with CASA acting as Australia’s national airworthiness authority, and it commenced on 20 August 2021. The amendment reflects a minor yet essential update to regulatory requirements, ensuring the ongoing safety and airworthiness of specified aircraft in Australian airspace.

Scope and Application

The AD/JBK 117/9 Amdt 1 applies specifically to Kawasaki BK 117 series helicopters equipped with Honeywell International LTS101-650B1 or LTS101-750B1 model engines. This amendment is part of the Civil Aviation Safety Regulations 1998 and is intended to update the requirements for the retrofit of engine overspeed controllers, ensuring the ongoing airworthiness of these aircraft. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for issuing this airworthiness directive (AD) under the authority conferred by the Civil Aviation Act 1988. The AD is applicable across all of Australia, aligning with the national standards for civil aviation safety. The AD does not incorporate certain technical documents by reference but makes them available for viewing by arrangement, reflecting the proprietary nature of these documents. This amendment is made under the power delegated by CASA and comes into effect on 20 August 2021. It is important to note that while the AD aims to ensure safety and compliance with international standards, it does not engage with any human rights issues, as evidenced by the Statement of Compatibility with Human Rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) Amendment 1 (AD/JBK 117/9 Amdt 1) pertains to the retrofit of an engine overspeed controller on Kawasaki BK 117 series helicopters equipped with certain Honeywell engines. This amendment primarily aims to update and refine existing directives by removing outdated references and incorporating current regulatory requirements. Section 39.001 of the CASR authorizes the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD), and this particular amendment is a legislative instrument that applies to the specified aircraft type. The amendment repeals and replaces the previous AD/JBK 117/9, ensuring that the regulatory framework remains current and aligned with contemporary safety standards. Under this legislation, CASA is mandated to ensure that aircraft operators comply with the outlined requirements for retrofitting the engine overspeed controller. The directive incorporates Kawasaki Service Bulletin Number KSB-117-101, which details the technical specifications and installation requirements necessary to prevent engine overspeed. Operators of affected helicopters must adhere to these technical guidelines, which are proprietary and require a subscription from the aircraft or component manufacturer. CASA, as the regulatory body, ensures that the necessary information is accessible to operators by providing access to the relevant sections of the technical document upon request. This ensures that operators can maintain the airworthiness of their aircraft in compliance with the safety standards set forth by the AD. Failure to comply with the provisions of AD/JBK 117/9 Amdt 1 may result in significant consequences. Non-compliance with airworthiness directives can lead to penalties, including fines and potential grounding of the aircraft. CASA has the authority to enforce these regulations, and persistent non-compliance may result in more severe penalties, such as suspension or revocation of the aircraft’s certificate of airworthiness. Additionally, operators must ensure that all retrofits and maintenance activities are performed in accordance with the specified technical documents to avoid any operational risks that could compromise flight safety. CASA’s role is crucial in overseeing and ensuring that these safety standards are met across the aviation industry. The legislative instrument also includes a statement of compatibility with human rights, affirming that the amendment does not engage any of the applicable rights or freedoms recognized under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. This compatibility statement underscores CASA's commitment to ensuring that the regulatory requirements do not infringe upon human rights, while focusing on the primary goal of enhancing aviation safety. The amendment is made under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that it aligns with the overarching legislative framework designed to protect the public and maintain the highest safety standards in civil aviation.

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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.