Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/REC/2 Amdt 1 - Fairchild Cockpit Voice Recorder - Inspection and Modification
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/REC/2 applies to Fairchild Industrial Products Cockpit Voice Recorder Model A100 Series, having any of Serial Numbers 4733 to 5260 inclusive.
The United States of America Federal Aviation Administration (FAA) issued AD 81‑04-06 (FAA AD) affecting Fairchild Industrial Products Cockpit Voice Recorder Model A100 Series, having Serial Numbers 4733 to 5260 inclusive in 1981. The United States of America is the State of Design for this equipment. CASA subsequently issued AD/REC/2 to mandate the requirements of FAA AD 81-04-06. As a result of a review of the AD, CASA has issued AD/REC/2 Amdt 1 to remove a note from the Compliance section of the AD which referred to a document that is no longer current. This AD repeals and replaces the previous AD on this subject.
Documents Incorporated by Reference
Under subsection 14 (2) of the Legislation Act 2003 (the LA), unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Subsection 98 (5D) of the Act provides that, despite section 14 of the LA, 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.
Fairchild Industrial Products Alert Service Bulletin No CVR A140 provides instructions for the inspection and modification of Fairchild Industrial Products Cockpit Voice Recorder Model A100 Series. 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 freely available from the following website address:
https://support.cessna.com/custsupt/contacts/pubs/ourpdf.pdf?as_id=14890
FAA AD 81-04-06 is not incorporated by reference but is referred to in the AD for background information purposes. It is freely available from the FAA’s website at the following internet address:
https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/450ED6764B66C49E86256A37006F2E0C?OpenDocument&Highlight=81-04-06
Consultation
This AD is being made following a CASA review of the AD. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from removing reference to a document that is no longer current, 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.
Sector risk, economic and cost impact
Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
The economic and cost impact of the instrument has been determined by:
(a) the identification of individuals and businesses affected by the instrument;
(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements;
(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government.
CASA has assessed that the economic and cost impact of the instrument is not significant. The requirements of the instrument apply to holders of certificates of registration of aircraft fitted with the affected equipment. The instrument will have no cost impact to operators of affected aircraft.
Impact on categories of operations
The instrument is likely to have no effect on operations conducted by the relevant aircraft.
Impact on regional and remote communities
The instrument will have no impact on regional and remote communities.
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.
As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.
The instrument commences on 22 April 2022.
[Instrument number AD/REC/2 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/REC/2 Amdt 1 - Fairchild Cockpit Voice Recorder - Inspection and Modification
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 81‑04-06 (FAA AD) affecting Fairchild Industrial Products Cockpit Voice Recorder Model A100 Series, having Serial Numbers 4733 to 5260 inclusive in 1981. The United States of America is the State of Design for this equipment. CASA subsequently issued AD/REC/2 to mandate the requirements of FAA AD 81-04-06. As a result of a review of the AD, CASA has repealed and replaced AD/REC/2 to remove a note from the Compliance section of the AD which referred to a document that is no longer current.
The primary purpose of this legislative instrument is to remove an obsolete document reference from AD/REC/2.
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