Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/UH-1/20 - Tail Boom and Fin - Fretting and Cracking
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.
The United States of America Federal Aviation Administration (FAA) issued AD 83‑03-03 affecting Bell Helicopter Textron UH-1 series helicopters in 1983. The United States of America is the State of Design for this helicopter type. As there are some examples of the type on the Australian register, and as the FAA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/UH-1/20 to mandate requirements equivalent to FAA AD 83-03-03.
Documents Incorporated by Reference
The AD incorporates FAA AD 83-03-03 as at the date of the AD. The AD provides instructions for the detection of cracking in certain Bell Helicopter Textron UH-1 tail boom and fin components. The AD also requires replacement of parts found to be cracked. This AD is publicly available and can be found at the following internet address:
http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/C3DA0F0151E5885886256A4D0073B1AE?OpenDocument&Highlight=83-03-03
The AD also references FAA Advisory Circular (AC) 43-13-1B (Chapter 5 Section 2), as at the date of the AD, which provides information regarding approved procedures for non-destructive testing. This AC is publicly available can be found at the following internet address:
https://www.casa.gov.au/files/faa-ac-4313-1b-chapter-5-nondestructive-inspection-ndi
Consultation
CASA has consulted with industry via CASa proposed AD PAD/UH-1/20 which was open for comment for a period of 8 weeks with comments closing on 14 December 2018. No comments were received by CASA in response to the consultation.
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 2 October 2019.
[Instrument number AD/UH-1/20]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/UH-1/20 - Tail Boom and Fin - Fretting and Cracking
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 83‑03-03 affecting Bell Helicopter Textron UH-1 series helicopters in 1983. The United States of America is the State of Design for this helicopter type. As there are some examples of the type on the Australian register, and as the FAA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/UH-1/20 to mandate requirements equivalent to FAA AD 83-03-03.
The primary purpose of this legislative instrument is to mandate the requirements of FAA AD 83-03-03.
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