Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/R44/23 — R44 Bladder Fuel Tank Retrofit
Legislation
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 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.
CASA has issued AD/R44/23 to correct an unsafe situation on Robinson R44 aircraft. This Airworthiness Directive requires R44 helicopters fitted with all-aluminium fuel tanks to be retrofitted with bladder-type tanks, to improve the R44 fuel system’s resistance to a post-accident fuel leak. Recent post-crash fires in Australia have prompted CASA to mandate the manufacturer’s service bulletin to reduce the risk of further post-crash fires and increase survivability of such an event.
The State of Design for this type, the United States of America, has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.
Consultation
CASA issued a notice to all R44 operators on 5 February 2013 strongly recommending the fitment of the improved bladder tanks at the earliest opportunity. It was also requested that all operators advise CASA of the status of each affected rotorcraft.
CASA issued instrument CASA 47/13 to all R44 operators on 28 March 2013 requiring all R44 operators to provide certain information to CASA, namely what system of maintenance was being used. This direction also reminded all operators that aircraft maintained under the manufacturer’s maintenance schedule must comply with all manufacturers Service Bulletins including SB-78B requiring the fitment of bladder fuel tanks by 30 April 2013. The notes to the direction stated that CASA proposed that any aircraft not being found to have fitted the fuel tanks by 30 April 2013 would be directed to do so.
As at 29 April, CASA had yet to receive responses from 177 aircraft operators. Due to the potential risk of aircraft not being modified by 30 April 2013, CASA has determined that an urgent Airworthiness Directive is the most appropriate mechanism to ensure operators are fully aware of the requirement to comply with the Service Bulletin by 30 April 2013 to ensure the safety of the fleet.
A Regulation Impact Statement (RIS) is not required because the proposal is covered by a standing agreement between CASA and OBPR under which a RIS is not required for Australian and Foreign issued Airworthiness Directives (OBPR id: 14507).
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Commencement and making
The instrument commences on 30 April 2013.
This 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.
[Instrument number AD/R44/23]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA AD/R44/23 — R44 Bladder Fuel Tank Retrofit
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 purpose of this legislative instrument is to ensure that all Robinson R44 helicopters are fitted with improved bladder type fuel tanks.
This Airworthiness Directive relates to or modification of specified aeronautical products.
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