AD/X-TS/1 Amdt 1 - Exhaust System Inspection - Heat Exchanger

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Legislation au F2013L01664 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/X-TS/1 Amdt 1 Exhaust System Inspection – Heat Exchanger

 

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. Subregulation 39.001 (5) of CASR 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 ICAO 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 State of Design issues an AD against 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 State of Design.

 

AD/X-TS/1 Amdt 1 applies to the EAGLE X-TS series aeroplanes.

AD/X-TS/1 required operators to inspect the exhaust muffler heat shroud for signs of cracking at intervals of 25 hours, as per the requirements of Eagle Aircraft Service Bulletin SB1042. The AD is applicable to aircraft serial numbers 002-015 Inclusive.

A request came from industry to CASA to allow relief from the 25 hour interval inspections for the aircraft that have complied with Eagle Aircraft SB1043. CASA reviewed the request and found that carrying out the remedial work requirements of SB1043 would provide terminating action to the 25 hour interval inspections mandated in CASA AD/X-TS/1 for aircraft serial numbers 002-015 Inclusive. As a result the AD has been revised to provide relief from the 25 hour repetitive inspections for those operators that have complied with Eagle Aircraft SB1043 dated 27 July 1998 and Amendment 1 has been prepared. The amended AD, AD/X-TS/1 Amdt 1, will become effective on 6 September 2013. This AD cancels and replaces the previous issue.

 

Consultation

This amendment is being made at the request of industry, in particular an operator of Eagle X-TS series aircraft.  As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements no further consultation of the Australian public has taken place.

 

The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 6 September 2013.

 

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.

 

[Instrument number AD/X-TS/1 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/X-TS/1 Amdt 1 Exhaust System Inspection – Heat Exchanger

 

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

 

As a result of a request from industry, CASA has amended AD/X-TS/1 to allow relief from the 25 hour interval inspections for the aircraft that have complied with Eagle Aircraft Service Bulletin (SB) 1043.  CASA reviewed the request and found that carrying out the requirements of SB1043 would provide terminating action to the 25 hour interval inspections mandated in CASA AD/X-TS/1 for aircraft serial numbers 002-015 inclusive. This AD amendment provides relief from the 25 hour repetitive inspections for those operators that have complied with Eagle Aircraft SB1043 dated 27 July 1998. The amended AD, AD/X-TS/1 Amdt 1, will become effective on
6 September 2013. This AD cancels and replaces the previous issue.

 

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 amended in 2013 by AD/X-TS/1 Amdt 1 to address a gap identified by industry concerning the frequency of inspections on the exhaust system heat exchanger of EAGLE X-TS series aeroplanes. The original regulation, AD/X-TS/1, mandated inspections at 25-hour intervals, as per the requirements of Eagle Aircraft Service Bulletin SB1042. However, following a request from industry and subsequent review by the Civil Aviation Safety Authority (CASA), it was determined that completing the remedial work specified in Eagle Aircraft Service Bulletin SB1043 would effectively address the issues, thereby providing a terminating action to the 25-hour interval inspections. The amendment, AD/X-TS/1 Amdt 1, allows relief from these repetitive inspections for operators who have complied with SB1043, and was made under the authority of CASA, relying on delegations from the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This legislative instrument was deemed compatible with human rights as it did not raise any issues under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The AD/X-TS/1 Amdt 1 applies specifically to the EAGLE X-TS series aeroplanes with serial numbers ranging from 002 to 015 inclusive. This legislative instrument, issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, mandates safety regulations for the continuing airworthiness of these aircraft. The amendment allows relief from the previously mandated 25-hour interval inspections for exhaust muffler heat shrouds for operators who have complied with Eagle Aircraft Service Bulletin SB1043 dated 27 July 1998. This adjustment is a response to industry requests and is intended to streamline maintenance processes while maintaining safety standards. The AD became effective on 6 September 2013, replacing the previous directive. It is a legislative instrument issued under the authority granted by the Civil Aviation Safety Regulations 1998, and is subject to disallowance under the Acts Interpretation Act 1901. The amendment does not substantially alter existing arrangements and is deemed compatible with human rights, as detailed in the attached statement of compatibility.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 98 of the Civil Aviation Act 1988 empower the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products. Subregulation 39.001(5) of CASR 1998 specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003. AD/X-TS/1 Amdt 1, an amendment to an existing AD, specifically addresses the EAGLE X-TS series aeroplanes, mandating inspections of the exhaust muffler heat shroud for signs of cracking at intervals of 25 hours as per Eagle Aircraft Service Bulletin SB1042. This AD applies to aircraft with serial numbers 002 to 015 inclusive. However, in response to industry requests, CASA has revised this requirement. Compliance with Eagle Aircraft Service Bulletin SB1043 dated 27 July 1998 provides a terminating action to the 25-hour interval inspections. Consequently, AD/X-TS/1 Amdt 1 now exempts operators who have complied with SB1043 from the 25-hour repetitive inspections. This amendment will take effect on 6 September 2013, replacing the previous AD. Operators of EAGLE X-TS series aeroplanes affected by this amendment must ensure their aircraft comply with the requirements of Eagle Aircraft Service Bulletin SB1043. This involves conducting the specified remedial work to qualify for the exemption from 25-hour repetitive inspections. Operators must maintain records of compliance with SB1043 to substantiate their exemption from the mandated inspections. Additionally, operators must ensure all inspections and remedial actions are conducted by appropriately certified personnel and in accordance with CASA guidelines. The revised AD also requires operators to notify CASA of any changes in compliance status promptly. Failure to comply with the requirements of AD/X-TS/1 Amdt 1 may result in civil or criminal penalties. Under the Civil Aviation Act 1988, CASA may impose administrative penalties for non-compliance with airworthiness directives. The penalties for civil contraventions can include fines of up to $16,200 for individuals and $81,000 for corporations, as per the maximum penalties outlined in the Act. Additionally, non-compliance may lead to criminal charges, resulting in further penalties, including imprisonment, depending on the severity of the breach. Operators must therefore adhere strictly to the requirements of the AD to avoid these consequences.

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