AD/TPE 331/41 Amdt 3 Third Stage Turbine Stators

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Legislation au F2021L01122 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/TPE 331/41 Amdt 3 — Third Stage Turbine Stators

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/TPE 331/41 Amdt 3 applies to Honeywell International (formerly AlliedSignal / Garrett/AiResearch) TPE331 series engines.

The United States of America Federal Aviation Administration (FAA) issued AD 93‑05-09 affecting Honeywell International TPE331 series engines in 1993. The United States of America is the State of Design for this engine type. CASA subsequently issued AD/TPE 331/41 to mandate the requirements of FAA AD 93‑05‑09. CASA then issued AD/TPE 331/41 Amdt 1 to reduce life limits for certain stator assemblies and AD/TPE 331/41 Amdt 2 to delete the requirement to replace certain stator assemblies. As a result of an internal review, CASA has issued AD/TPE 331/41 Amdt 3 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

AlliedSignal Alert Service Bulletin (ASB) TPE331-A72-559, provides instructions for the inspection of third stage stator assemblies with Part Numbers (P/N) 868379-1 and 868379-3. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is not freely available.

 

AlliedSignal ASB TPE/TSE331-A72-0384, provides instructions for the re-identification of third stage stator assemblies. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is not freely available.

 

The technical documents incorporated into this AD, which are not freely available, are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They 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.

The Federal Aviation Administration AD 93-05-09 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 93-05-09 (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 27 August 2021.

[Instrument number AD/TPE 331/41 Amdt 3]


Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/TPE 331/41 Amdt 3 — Third Stage Turbine Stators

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 93‑05-09 affecting Honeywell International TPE331 series engines in 1993. The United States of America is the State of Design for this engine type. The Civil Aviation Safety Authority (CASA) subsequently issued AD/TPE 331/41 to mandate the requirements of FAA AD 93‑05‑09. CASA then issued AD/TPE 331/41 Amdt 1 to reduce life limits for certain stator assemblies and AD/TPE 331/41 Amdt 2 to delete the requirement to replace certain stator assemblies. As a result of an internal review, CASA has issued AD/TPE 331/41 Amdt 3 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 enacted to ensure the safety of civil aviation in Australia, aligning with the provisions of the Convention on International Civil Aviation. This legislation allows the Governor-General to make regulations for the purpose of implementing the international aviation safety standards, including issuing airworthiness directives (ADs). The Civil Aviation Safety Authority (CASA) exercises this authority under regulation 39.001 of the Civil Aviation Safety Regulations 1998. AD/TPE 331/41 Amdt 3, made under section 98 of the Civil Aviation Act 1988, is a legislative instrument that amends a previous AD concerning the third stage turbine stators of Honeywell International TPE331 series engines. The policy objective of this amendment is to update and streamline references to legislative instruments, ensuring that they reflect current requirements and remove any obsolete references, thereby maintaining the continuing airworthiness of aircraft operating in Australian airspace. The amendment was made as a result of an internal CASA review and was enacted to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. The amendment repeals and replaces previous ADs on this subject and does not substantially alter existing arrangements, thus further consultation under section 17 of the Legislation Act 2003 was deemed unnecessary. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights attached to the legislative instrument. AD/TPE 331/41 Amdt 3 commenced on 27 August 2021.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 3 (AD/TPE 331/41 Amdt 3) applies specifically to the Honeywell International (formerly AlliedSignal/Garrett/AiResearch) TPE331 series engines. This amendment mandates the removal of references to legislative instruments that are no longer in force under the Civil Aviation Regulations 1988, thereby ensuring that the regulatory framework remains current and relevant. The regulation is enacted under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. The amendment does not apply to any particular person, aircraft, or aeronautical product but rather affects the overarching regulatory framework governing the safety of aircraft engines within Australia. The geographical reach of this regulation is national, applying uniformly across Australia. There are no stated exclusions or exemptions, though the regulatory impact is considered minor, as it primarily involves the updating of references and editorial changes rather than substantive alterations to safety requirements. The regulation is effective from 27 August 2021, and while subordinate instruments may extend or further specify its application, this particular amendment is focused on ensuring regulatory coherence and alignment with current legislative standards.

Key Provisions

The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for certain types of aircraft or aeronautical products. Specifically, AD/TPE 331/41 Amdt 3 pertains to Honeywell International (formerly AlliedSignal / Garrett/AiResearch) TPE331 series engines, focusing on the third stage turbine stators. This amendment repeals and replaces previous ADs regarding these engines, updating the references to legislative instruments that are no longer in force under the Civil Aviation Regulations 1988. Entities governed by this legislation, primarily aircraft operators utilising TPE331 series engines, are required to comply with the updated airworthiness directive. This includes adhering to the inspection and re-identification instructions provided by the incorporated technical documents from AlliedSignal. CASA, as Australia’s national airworthiness authority, mandates these updates to ensure the continuing airworthiness of aircraft. Operators must ensure that their engines meet the current standards as outlined in the AD, which includes following the proprietary technical documents available from the engine manufacturer or through CASA by arrangement. Failure to comply with the provisions of AD/TPE 331/41 Amdt 3 could result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, non-compliance with airworthiness directives generally could lead to enforcement actions by CASA. These may include fines, suspension or revocation of airworthiness certificates, or other regulatory actions deemed necessary to ensure compliance with safety standards. The severity of penalties would depend on the nature and extent of the non-compliance. The AD also incorporates technical documents by reference under subsection 98(5D) of the Act, which allows for the inclusion of any matter from any instrument or writing, even if that document does not yet exist at the time of making the legislative instrument. These documents, such as the AlliedSignal Alert Service Bulletins (ASB), are proprietary and not freely available, although CASA will provide access under certain conditions. Non-compliance with the technical instructions within these documents could similarly result in regulatory action by CASA. CASA has determined that further consultation was unnecessary for this AD amendment, as it is considered a minor update and does not substantially alter existing arrangements. This decision aligns with the minor or machinery nature of the amendment, as outlined in section 17 of the Legislation Act 2003. Additionally, a Regulation Impact Statement is not required for ADs, as per the standing agreement between CASA and the Office of Best Practice Regulation.

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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.