Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/PT6A/28 Amdt 1 — Water Washing
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 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.
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.
CASA issued AD/PT6A/28 to correct an unsafe condition on aircraft fitted with Pratt and Whitney Canada PT6A series engines, as a result of concern for the airworthiness of single PT6A engine aircraft operated in a salt laden environment when water washing is not carried out at a frequency recommended by the manufacturer. AD/PT6A/28 became effective on 30 December 1998 and was issued to require an inspection of the compressor turbine blades for evidence of sulphidation, and water washing of the compressor and compressor turbine. The State of Design for this engine type, Canada, has not yet taken action to correct this unsafe condition. As there are many examples of the engine type in aircraft on the Australian register, CASA developed AD/PT6A/28 to correct the problem on Australian aircraft.
CASA has issued AD/PT6A/28 Amdt 1 to clarify that the AD applies to aircraft engaged in parachute training operations. Those operations are regarded by CASA as private operations. However, the aircraft engaged in those operations must be maintained to charter aircraft standards to address the identified unsafe condition.
The AD is consistent with instruments CASA 239/13 and CASA 123/14, which are directions from CASA relating to the operation and maintenance of aircraft used for parachute training operations by members of the Australian Parachute Federation Incorporated (APF) and the Australian Skydiving Association Inc. (ASA) respectively. Parachute training operations in Australia are conducted by members of the APF and ASA. The directions require parachute training operations to be conducted in accordance with the APF or ASA Operational Regulations as approved by CASA from time to time. For example, regulation 6.2.2 of the APF Operational Regulations requires an aircraft involved in student operations that is not a Class A aircraft to be maintained as if it were a Class B Charter aircraft not in the private category, and have a current maintenance release issued in at least the charter category.
The instrument contains other minor changes to the wording of AD/PT6A/28 to clarify the substance of the instrument and to apply current drafting practices. For example, the applicability section of AD/PT6A/28 contained a note that specified when an aircraft is operating in a salt laden environment. Instead, the instrument includes a new definition of operated in a salt laden environment.
The note in the requirement section of AD/PT6A/28 has been separated into 2 notes to clarify that the visual inspection required by Requirement 1 may be carried out by a boroscope inspection or as part of a hot section inspection. These notes do not limit the method by which, or the occasion on which, the inspection may be carried out. For example, performing the inspection at overhaul would be equally satisfactory, as would any other method of visual inspection that the operator chooses.
This AD repeals and replaces AD/PT6A/28, and contains provisions recognising action taken in accordance with AD/PT6A/28.
Consultation
As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements, apart from clarifying the applicability, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 1998 and subsection 94 (1) of the Act.
The instrument commences on 30 January 2015.
[Instrument number AD/PT6A/28 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/PT6A/28 Amdt 1 — Water Washing
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
In 1999, CASA issued an airworthiness directive (AD), AD/PT6A/28, to correct an unsafe condition on Australian aircraft fitted with Pratt and Whitney Canada PT6A series engines.
This legislative instrument revokes AD/PT6A/28 and replaces it with an AD that expressly states that it applies to aircraft engaged in parachute training operations, which must be maintained to the charter aircraft standard.
The primary purpose of this legislative instrument is to replace AD/PT6A/28 with an AD that clarifies the applicability of the requirements that were previously contained in AD/PT6A/28.
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