CIVIL AVIATION ACT 1988

CIVIL AVIATION SAFETY REGULATIONS 1998

Approval of an Alternative Means of Compliance (AMOC) with 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, can, if appropriate, issue an approved means of compliance against the AD other than as set out in the AD.

The United States of America Federal Aviation Administration (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 required by paragraph (i)(2) of the FAA AD.

The FAA has subsequently approved the engineering aspects of SAP Service Bulletin, SB B14-01, Revision E, (21-years TIS calendar limit) as an alternate method of compliance to AD 2014-05-29 paragraph (i)(2) however, this FAA approved AMOC has been limited to aircraft registered in the United States of America.

As the FAA AMOC provides an equivalent level of safety to address the unsafe condition identified in paragraph (i)(2) of FAA AD 2014-05-29, CASA has issued this AMOC approving the same action for applicable engines installed in Australian registered aircraft.

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:

1. CMI Service Information Letter SIL98-9 Revision C, as in force on 17 July 2013, provides instructions for the hourly and calendar times in service for Continental cylinder assemblies. For subsection 98 (5D) of the Act, this document is incorporated as it existed on 17 July 2013.
 

2. Superior Air Parts (SAP) Service Bulletin (SB) B14-01 Revision E, as in force on 12 August 2020, provides alternate instructions for inspection of cylinder assemblies. For subsection 98 (5D) of the Act, this document is incorporated as it existed on 12 August 2020.
 

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.

The FAA AD is also incorporated by reference in the instrument, as in force immediately before the commencement of this instrument. The FAA AD is publicly available on the FAA’s website at the following website address at no cost:

https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/d68d3384395bd51b86257ca20051a999/$FILE/2014-05-29.pdf

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 FAA AD.

The instrument commences on the day after 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 United States of America Federal Aviation Administration (FAA) Airworthiness Directive (AD) 2014-05-29 – Superior Air Parts PMA investment cast Cylinder Assemblies

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 paragraph (i)(2) of United States of America Federal Aviation Administration (FAA) AD 2014-05-29.

FAA AD 2014-05-29 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. CASA has approved this alternate means of compliance by providing for compliance with the requirements of paragraph (i)(2) of FAA AD 2014‑05-29 by compliance with Superior Air Parts (SAP) Service Bulletin (SB) B14‑01 Revision E, as in force on 12 August 2020, instead of the AD requirement.

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