CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
Approval of a means of compliance with Transport Canada Airworthiness Directive (AD) CF-2014-41 – Fuel Spray Nozzle and Manifold Assembly Configuration
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, can, if appropriate, issue an approved means of compliance against the AD other than as set out in the AD.
Transport Canada as the State of Design for Pratt & Whitney Canada (P&WC) PW100 series engines issued AD CF-2014-41 with an effective date of 9 December 2014. The AD deals with fuel spray nozzle (FSN) manifold fuel leaks.
Transport Canada AD CF-2014-41 requires operators of certain Pratt & Whitney Canada PW100 series engines to modify the FSN manifold installation in accordance with the accomplishment instructions in P&WC Service Bulletin (SB) 21861 as in force from time to time. CASA has issued this approval that allows compliance with the requirements of AD CF‑2014-41 by compliance with P&WC SB 21891, as in force from time to time.
Legislation Act 2003
Subregulation 39.004(3) of CASR 1998 provides that an approved means of compliance as issued in accordance with paragraph 39.004(3)(a) is issued under subsection 98(5A) of the Act.
Subsection 95(5B) provides that an instrument issued under subsection 98(5A) of the Act is a legislative instrument.
Therefore, in accordance with subsection 98(5B) of the Act, an instrument for an approved means of compliance is a legislative instrument and is subject to tabling and disallowance in the Parliament under Chapter 7 of the Legislation Act 2003.
Documents Incorporated by Reference
The following documents are incorporated by reference in the instrument:
- Pratt and Whitney Canada SB 21891, as in force from time to time, provides alternate instructions for the modification of the same fuel spray nozzle and manifold installation for certain PW100 series engines. For subsection 98 (5D) of the Act, this document is incorporated as it exists from time to time.
These technical documents are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They may be purchased from the aircraft or component manufacturer by subscription.
As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant aircraft or engine manufacturer documentation, such as Service Bulletins or Maintenance Manual. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated documents available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.
Consultation
CASA has not consulted in relation to the issue of the approved means of compliance. The issue of the instrument is in accordance with Part 39 of CASR 1998 and will facilitate compliance by users of the aircraft with the Transport Canada AD.
The instrument commences on the date of registration.
The instrument has been made by a delegate of CASA, in accordance with subregulation 11.260(1) of the CASR 1998.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval of a means of compliance with Transport Canada Airworthiness Directive (AD) CF-2014-41 – Fuel Spray Nozzle and Manifold Assembly Configuration
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 purpose of this legislative instrument is to provide an alternate means of compliance with Transport Canada Airworthiness Directive (AD) CF‑2014‑41.
Transport Canada AD CF-2014-41 requires operators of certain Pratt & Whitney Canada PW100 series engines to modify the FSN manifold installation in accordance with the accomplishment instructions in P&WC Service Bulletin (SB) 21861 as in force from time to time. CASA has approved this alternate means of compliance by providing for compliance with the requirements of AD CF‑2014-41 by compliance with P&WC SB 21891 as in force from time to time instead of the AD requirements.
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