CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
A&ESB 14/13794 - Approval of a General Alternative Means of Compliance (AMOC) against paragraph i(2) of Federal Aviation Administration Airworthiness Directive (FAA AD) 2014-05-29.
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
In accordance with paragraph 39.004(3)(a) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may in writing approve a means of compliance with an airworthiness directive (AD) for a particular kind of aircraft or aeronautical product.
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. As of 1 October 2009, when a State of Design issues an AD against a type of aircraft on the Australian Register, Part 39 of CASR 1998 requires compliance with these State of Design ADs. However CASA, as Australia’s national airworthiness authority, must assess this information and at times, if appropriate, issue an approved means of compliance (AMOC) against the State of Design AD to ensure Australian registered operators can comply with the requirements.
The Federal Aviation Administration of the USA (FAA) as the State of Design for Continental Motors Inc. (CMI) reciprocating engines issued AD 2014-05-29 with an effective date of 25 April 2014. The AD deals with continuing airworthiness requirements for certain Superior Air Parts Inc. (SAP) Parts Manufacturing Approval (PMA) investment cast cylinder assemblies and in particular their replacement after 12 years-since-installation, as given in paragraph (i)2 of the AD.
The FAA has subsequently approved the engineering aspects of SAP Service Bulletin, SB B14-01, Revision B as an alternate method of compliance to AD 2014-05-29 paragraph (i)2 however, this FAA approved AMOC has been limited to aircraft under U.S. registry.
As the FAA AMOC provides an equivalent level of safety to address the unsafe condition identified within FAA AD 2014-05-29, CASA has issued this AMOC approving the same action for applicable engines installed in Australian registered aircraft.
Legislative Instruments Act
Subregulation 39.004(3) of CASR 1998 provides that an AMOC as issued in accordance with paragraph 39.004(3)(a) is issued under subsection 98(5A) of the Act.
In particular, it is issued under paragraph 98 (5A) (b) because it relates to the airworthiness of aircraft.
Subsection 98(5B) provides that an instrument issued under paragraph 98(5A) (b) of the Act is a legislative instrument if it relates to an airworthiness directive.
Therefore, in accordance with subsection 98(5B) of the Act, an instrument for an AMOC is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
CASA has not consulted in relation to the issue of the AMOC. The issue of the instrument is in accordance with Part 39 of CASR 1998 and will facilitate compliance by users of the mentioned aircraft component with FAA AD 2014-05-29.
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, in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
The instrument commences on the 23 September 2014.
[Instrument number A&ESB 14/13794]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
A&ESB 14/13794 - Approval of a General Alternative Means of Compliance (AMOC) against paragraph i(2) of Federal Aviation Administration Airworthiness Directive (FAA AD) 2014-05-29.
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 Federal Aviation Administration of the USA (FAA) as the State of Design for Continental Motors Inc. (CMI) reciprocating engines issued AD 2014-05-29 with an effective date of 25 April 2014. The AD deals with continuing airworthiness requirements for certain Superior Air Parts Inc. (SAP) Parts Manufacturing Approval (PMA) investment cast cylinder assemblies and in particular their replacement after 12 years-since-installation, as given in paragraph (i)2 of the AD.
The FAA has subsequently approved the engineering aspects of SAP Service Bulletin, SB B14-01, Revision B as an alternate method of compliance to AD 2014-05-29 paragraph (i)2 however, this FAA approved AMOC has been limited to aircraft under U.S. registry.
As the FAA AMOC provides an equivalent level of safety to address the unsafe condition identified within FAA AD 2014-05-29, CASA has issued this AMOC approving the same action for applicable engines installed in Australian registered aircraft.
The primary purpose of this legislative instrument is to provide industry with an alternate means of compliance with the requirements of FAA AD 2014-05-29.
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