AD/TPE 331/43 Amdt 2 - Fuel Manifold Assembly P/N 3102469-2 - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, delegate to the Civil Aviation Safety Authority (CASA) the responsibility of issuing airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with the international obligations of Australia as a signatory to the Convention on International Civil Aviation. The cancellation of a specific AD concerning Honeywell TPE 331 engines, initially issued in 1992, reflects Australia's adherence to international civil aviation standards and the responsibilities of the State of Registry for the continuing airworthiness of aircraft. CASA, acting on behalf of the Commonwealth, has cancelled this AD, which will take effect on 24 September 2009, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This action underscores the dynamic nature of aviation regulation, balancing domestic requirements with global aviation safety standards.

Scope and Application

The Civil Aviation Act 1988, as amended, and the Civil Aviation Safety Regulations 1998 collectively govern the issuance of airworthiness directives within Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products to ensure air safety. These directives, being legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The State of Design holds primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the individual aircraft's continuing airworthiness. Although CASA has the authority to issue and cancel airworthiness directives, such actions are often influenced by international obligations under the Convention on International Civil Aviation. In the instance of AD/TPE 331/43 Amendment 2 affecting Honeywell TPE 331 engines, CASA has cancelled the directive, effective from 24 September 2009, due to these international obligations, and no public consultation was necessary as per the Office of Best Practice Regulation's determination.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations in the interest of air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments in accordance with the Legislative Instruments Act 2003. The obligations placed upon CASA and other parties by the Act and Regulations include ensuring the continuing airworthiness of aircraft. As the State of Registry, Australia is responsible for developing or adopting requirements that maintain the airworthiness of individual aircraft, in line with Annex 8 to the Convention on International Civil Aviation. CASA must also act in accordance with the State of Design's responsibilities, ensuring that necessary information is provided to maintain the airworthiness of aircraft types. In 1992, CASA issued AD/TPE 331/43 Amendment 2 concerning Honeywell TPE 331 engines, but has since reviewed and cancelled this AD due to Australia’s obligations under the Convention on International Civil Aviation. The cancellation will take effect on 24 September 2009, and no replacement AD is required. Given the international obligations underpinning this decision, there was no consultation with the Australian public, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The cancellation of this particular AD was made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Breaching the requirements of ADs can have significant legal consequences. While the specific civil or criminal penalties for non-compliance with ADs are not detailed in this explanatory statement, the overarching legislation under which these directives are issued includes provisions for enforcement actions. Non-compliance with airworthiness directives can lead to severe penalties, including fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. The exact penalties would be determined in accordance with the Civil Aviation Act 1988 and other relevant legislation.