AD/S-76/66 Amdt 1 Main Landing Gear Positioning Rod Assembly

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

Legislation au F2019L01073 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/S-76/66 Amdt 1 — Main Landing Gear Positioning Rod Assembly

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), 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.

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/S-76/66 Amdt 1 applies to the Sikorsky S-76 series rotorcraft.

The United States of America Federal Aviation Administration (FAA) issued AD 2001-01-04 affecting Sikorsky S-76 series helicopters in 2001. The United States is the State of Design for this rotorcraft type. CASA subsequently issued AD/S-76/66 to mandate the requirements of FAA AD 2001-01-04. As a result of a request from industry, CASA has issued AD/S-76/66 Amdt 1 to remove the serial number range in the applicability section of the AD, thereby making the AD applicable to all S‑76 helicopters that have the applicable parts installed.

 

This AD repeals and replaces the previous AD on this subject.

 

Documents Incorporated by Reference

The following documents are incorporated by reference in the instrument:

  1. BFGoodrich Service Bulletin (SB) No. 76A-32-03 Revision 1 dated 15 September 2000 provides instructions for the inspection of Sikorsky positioning rod assembly and side brace rod for corrosion. For subsection 98 (5D) of the Act, this document is incorporated as it exists on the date of this AD. If a corroded part is found during the required inspection, the part is to be replaced with a serviceable part.

 

2.      BFGoodrich Component Maintenance Manual with Illustrated Parts List 1945/2071 Series Main Landing Gear, No. 32‑10‑01, as in force from time to time.

These technical documents are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They may 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 aircraft or engine manufacturer documentation, such as Service Bulletins or Maintenance Manual. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated documents 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 direction instrument, or to any interested person.

Consultation

This AD is being made at the request of industry, in particular an operator of the Sikorsky S-76 series helicopters. CASA consulted with industry via CASA Proposed Airworthiness Directive PAD/S-76/66 Amdt 1 which was open for public comment for a period of 4 weeks and closed on 10 April 2019.

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 23 August 2019.

[Instrument number AD/S-76/66 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/S-76/66 Amdt 1 – Main Landing Gear Positioning Rod Assembly

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 2001-01-04 affecting Sikorsky S-76 series helicopters in 2001. The United States is the State of Design for this aircraft type. CASA subsequently issued AD/S-76/66 to mandate the requirements of FAA AD 2001-01-04. As a result of a request from industry, CASA has repealed and replaced AD/S-76/66 to remove the serial number range in the applicability section of the AD, thereby making the AD applicable to all S‑76 helicopters that have the applicable parts installed.

The primary purpose of this legislative instrument is to expand the applicability of the AD to ensure all affected helicopters are captured.

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 ensure the safety of civil aviation operations within Australia, as part of the implementation of the Convention on International Civil Aviation. The Act empowers the Governor-General to create regulations to enforce international safety standards. AD/S-76/66 Amdt 1 is an amendment to an existing airworthiness directive (AD) that was issued by the Civil Aviation Safety Authority (CASA) in response to an AD from the United States Federal Aviation Administration concerning the Sikorsky S-76 series helicopters. This amendment was made to broaden the scope of the AD, making it applicable to all S-76 helicopters with the relevant parts installed, following a request from the aviation industry. The policy objective of this legislative instrument is to ensure the continuing airworthiness of aircraft by aligning Australian regulations with international standards, thus maintaining safety in civil aviation. This legislative amendment was made by a delegate of CASA under the authority delegated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The amendment came into effect on 23 August 2019. The process involved consultation with the aviation industry and a period of public comment on the proposed directive, ensuring that the changes reflect industry needs and maintain high safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 1 (AD/S-76/66 Amdt 1) applies specifically to the Sikorsky S-76 series of rotorcraft operating in Australia. This legislative instrument extends its applicability to all S-76 helicopters that have the specified main landing gear positioning rod assembly parts installed, irrespective of their serial number, thereby broadening the scope of the original Airworthiness Directive (AD) issued by the Civil Aviation Safety Authority (CASA). CASA, as Australia’s national airworthiness authority, mandates these safety regulations to ensure compliance with the continuing airworthiness requirements set forth by the Convention on International Civil Aviation. The amendment responds directly to a request from the industry, ensuring that all relevant aircraft are subject to the same safety standards. This regulation is part of a broader framework that includes the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, reinforcing Australia's commitment to international aviation safety standards.

Key Provisions

The key operative sections of AD/S-76/66 Amdt 1 include the removal of the serial number range in the applicability section of the AD, making it applicable to all Sikorsky S-76 series helicopters that have the relevant parts installed. This amendment repeals and replaces the previous AD/S-76/66 to ensure broader compliance and safety across the affected helicopter fleet. The Civil Aviation Safety Authority (CASA) issued this amendment in response to a request from the industry, ensuring that all relevant operators are captured under the directive. The obligations imposed by this Act on the parties or entities it governs primarily focus on ensuring the continuing airworthiness of Sikorsky S-76 series helicopters. Operators of these helicopters must comply with the AD requirements, which include the inspection and replacement of corroded parts as instructed in the referenced documents such as the BFGoodrich Service Bulletin No. 76A-32-03 Revision 1 dated 15 September 2000 and the BFGoodrich Component Maintenance Manual. CASA, as the national airworthiness authority, mandates these inspections and ensures that all operators have access to the necessary technical documents to carry out these tasks. Operators are expected to maintain their subscriptions to the relevant manufacturer documentation or access it through CASA, if necessary. Failure to comply with the requirements set out in AD/S-76/66 Amdt 1 can result in serious consequences. While the Act does not explicitly state specific penalties, non-compliance with CASA directives generally can lead to enforcement actions under the Civil Aviation Act 1988. These actions may include fines, suspension or revocation of airworthiness certificates, and potential criminal charges if safety breaches are found to be severe. The exact penalties depend on the nature and severity of the breach, but they can be significant, reflecting the critical importance of adhering to airworthiness directives for public safety.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Compliance Obligations
Consultation Requirements
Catchwords
Enforcement Powers

Interactions

Authorises

All Versions

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.