Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
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. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Under the previous subregulation 39.001(5) of CASR 1998, an AD was a legislative instrument. This is still the situation under subsection 98(5B) of the Act.
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 accept that AD. State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/CF6/65 Amdt 2
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by FAA AD 2012-04-05 issued on
17 February 2012.
AD/JETSTREAM/34 Amdt 2
This Directive, at initial issue, was raised to formally promulgate the Airworthiness Limitations for BAe Jetstream 3100 and 3200 series aircraft. Since the issue of that Directive, the manufacturer has included requirements which supersede those mandated by Amendment 2 of this AD. CAO 100.50 Paragraph 9 requires an operator to comply with the Airworthiness limitations section document issued by the manufacturer. Therefore the actions previously detailed in this Directive are no longer required.
Consultation
Foreign State of Design ADs are defined as ADs by CASR regulation 39.001A. Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.
As AD/CF6/65 Amdt 2 is superseded by State of Design AD 2012-04-05, no consultation has taken place with regard to the cancellation of this AD.
As a result of a request from industry, CASA has reviewed AD/JETSTREAM/34 Amdt 2. This AD contained the Airworthiness Limitations for BAe Jetstream 3100 and 3200 series aircraft. As the manufacturer has included requirements which supersede those mandated by Amendment 2 of this AD in their documentation which must be complied with under CAO 100.50 Paragraph 9, the actions required by the AD are no longer required. As the AD cancellation removes redundant requirements, simplifies compliance and adds no additional burden for industry, no public consultation has taken place.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
This AD cancellation has been made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 007/12]