Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/TSA-600/38 Amdt 2 — Fatigue Critical Components - Retirement Lives
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 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.
Subregulation 38 (1) of the Civil Aviation Regulations 1988 (CAR 1988) empowers CASA to give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation. Under subregulation 38 (3), it is an offence for a person to contravene a direction that is binding on the person.
Subsection 9 of Civil Aviation Order 100.5 (General requirements in respect of maintenance of Australian aircraft) 2011 (CAO 100.5) states that, for subregulation 38 (1) of CAR 1988, CASA directs the registered operator of an Australian aircraft to comply with the mandatory maintenance requirements identified in the aircraft’s approved design as the Certification Maintenance Requirements or airworthiness limitations (AWL).
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 ICAO Contracting States.
AD/TSA-600/38 Amdt 2 applies to Ted Smith Aerostar, Piper Aerostar and Aerostar Aircraft model 600, 601, 601P and 602P aeroplanes.
AD/TSA-600/38 Amdt 1 required registered operators of Aerostar model 601P, 602P and 700P aeroplanes to replace the cabin windows and windshield based on accumulated flight cycles (Requirement 1). It also required registered operators of Aerostar model 600, 601, 601P and 602P aeroplanes, fitted with Machen-modified
Lycoming IO-540 or TIO-540 series engines, to retire Hartzell HC-C4YR-2/FC6660 (B, K) or HC-C4YR-2L/FJC6660 (B, K) propeller blades from service at or before the stated component time in service (Requirement 2).
CASA received a request from industry to review Requirement 1 of AD/TSA-600/38 Amdt 1. After a review of the manufacturer’s documentation, CASA decided that Requirement 1 of AD/TSA-600/38 Amdt 1 is no longer necessary as that requirement is now imposed by AWL and subsection 9 of CAO 100.5.
AD/TSA-600/38 Amdt 2 has been made to repeal and replace AD/TSA-600/38 Amdt 1. In effect this AD removes Requirement 1 and retains Requirement 2 of AD/TSA-600/38 Amdt 1.
Consultation
This AD has been made at the request of industry, in particular an operator of
Piper/Aerostar/Ted Smith 600 and 700 series aircraft. As this AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from removing a redundant requirement, no further consultation of the Australian public has taken place. CASA’s view is that no further consultation is appropriate or necessary.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The 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.
The AD commences on 21 August 2013.
[Instrument number AD/TSA-600/38 Amdt 2]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/TSA-600/38 Amdt 2 – Fatigue Critical Components - Retirement Lives
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
This legislative instrument applies to Ted Smith Aerostar, Piper Aerostar and Aerostar Aircraft model 600, 601, 601P and 602P aeroplanes.
AD/TSA-600/38 Amdt 1 required registered operators of specified models of Aerostar aeroplanes to replace the cabin windows and windshield based on accumulated flight cycles (Requirement 1). It also required registered operators of specified models of Aerostar aeroplanes fitted with specified engines, to retire specified propeller blades from service at or before the stated component time in service (Requirement 2).
This legislative instrument repeals and replaces AD/TSA-600/38 Amdt 1 to, in effect, remove Requirement 1 as that requirement is redundant. Requirement 2 is retained in this legislative instrument.
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