Civil Aviation Amendment Regulations 2001 (No. 2) 2001 No. 242
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 242
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2001 (No. 2)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.
The Civil Aviation Regulations 1998 (CAR 1998) Part 21 covering the manufacturing of aircraft and aeronautical products came into effect on 1 December 1998. Since then several amendments have been made to correct deficiencies found during the application of the new regulations.
Part 21 Subpart G was amended in August 2000 to add a provision that allows Australian manufacturers to obtain a production certificate covering aircraft and other aeronautical products for export under an arrangement with a foreign manufacturer.
Part 21 Subpart Q was added in October 2000 to provide for the identification of aircraft and aeronautical products.
CASA has conducted negotiations with the United States Federal Aviation Administration (FAA) to put in place a Bilateral Aviation Safety Agreement (BASA) with Implementation Procedures for Airworthiness.
During the negotiations the FAA raised some concern about the use of the term `for export' in Part 21 Subpart G for unapproved Class I products. An unapproved Class I product is defined in regulation 21.132 as a complete aircraft, aircraft engine or propeller designed by or for a manufacturer in a foreign country and for which no type certificate has been issued.
The FAA also identified some differences between its and CASA's requirements on the identification of aircraft and aeronautical products in Part 21 Subpart Q.
The Regulations amend the CAR 1998 to address the FAA concerns and to facilitate the BASA. In particular, the Regulations:
• replace the term `for export' in Part 21 Subpart G for products manufactured under an arrangement with a foreign manufacturer with `for supply to that manufacturer'. The FAA believed that the term `for export' might be misinterpreted to include formal approval by way of an export approval. This is not the case, as unapproved Class I products would not be eligible for an export airworthiness approval under Part 21 Subpart L, and can only be supplied directly to the foreign manufacturer. Therefore, to remove the possibility of misinterpretation, the term `for export' is replaced to reflect this meaning;
• harmonise the identification information required in Part 21 Subpart Q for aircraft and aeronautical products with the FAA requirements. In particular, the amendment requires the aircraft manufacturer's data plate to include the identification number of the type certificate and production certificate instead of the name of the holder of these certificates. Also, it requires the holder of an Australian Parts Manufacturer Approval (APMA) to mark on a part the name and model designation of each type-certificated product to which the part may be fitted; and
• replace the term `manned balloon' in various places in CAR 1998 with `manned free balloon'. The term `manned free balloon' is used in Part 21 and Part 31 and is more precise as these regulations only apply to a balloon that is intended for flight without being permanently tethered.
The amendment is considered minor and machinery in nature. It does not substantially alter existing arrangements and is not likely to have an adverse effect on business. It only affects holders of manufacturing approvals issued under Part 21, who may have to change the identification marking on aircraft and aeronautical products manufactured in Australia after the date of commencement to meet the new requirements if necessary. Currently only very few manufacturing approvals have been issued under Part 21.
There are many benefits to the Australian aircraft manufacturing industry. The amendment will help to finalise a BASA with the USA, and facilitate the exporting of aircraft and aeronautical products manufactured in Australia to the USA. It aligns Australian requirements with international practices and hence will also facilitate acceptance of Australian products by other overseas countries.
The Office of Regulation Review has examined the amendment and concluded that a Regulatory Impact Statement is not required.
Details of the amending Regulations are attached.
The Regulations commence on gazettal.
ATTACHMENT
Civil Aviation Amendment Regulations 2001 (No. 2)
DETAILS OF THE AMENDING REGULATIONS
REGULATION 1 - Name of Regulations
Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2001 (No. 2).
REGULATION 2 - Commencement
Regulation 2 provides that the regulations commence on gazettal.
REGULATION 3 - Amendment of Civil Aviation Regulations 1998
Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1998.
Schedule 1 - Amendments
ITEM 1 - Regulation 21.0
Item 1 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to a `free balloon', which is defined in the Dictionary as a balloon that is intended for flight without being permanently tethered. The correct term is `manned free balloon' which is used in regulations 21.825, 21.21, 21.35 of Part 21 and in Part 31.
ITEM 2 - Regulation 21.0
Item 2 replaces the heading of regulation 21.870 by removing reference to the word `Exemption' to emphasise that the regulation provides an alternative method of compliance, rather than an exemption, to the obligation to mark information on a part (under regulation 21.865) when it is not practical to mark on the part.
ITEM 3 - Subparagraph 21.132A (2) (a) (ii)
Item 3 replaces reference to the words `if a product is exported' with a provision that requires `if a product is manufactured under an agreement with a foreign manufacturer for supply to that manufacturer'. Removing the reference to `export' overcomes the possible misinterpretation that the reference includes other different provisions dealing with product export approvals.
ITEM 4 - Paragraph 21.133 (2) (a)
Item 4 amends the eligibility requirements for a person to apply for a production certificate by removing the reference `for export' and replaces these words with the requirement that the person must have an agreement with a foreign manufacturer to supply the product to the foreign manufacturer. Removing the reference to the term `for export' overcomes the possible misinterpretation that the reference includes other different provisions dealing with product export approvals.
ITEM 5 - Paragraph 21.820 (2) (b) and (c)
Item 5 amends the information required on an aircraft manufacturer's data plate to include the identification number of the type certificate and the production certificate under which the aircraft is manufactured, instead of the name of the holder of these certificates. This ensures accurate and proper information is recorded on the data-plate and aligns Australian legislation with the FAA requirements.
ITEM 6 - Paragraph 21.820 (4) (a)
Item 6 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 7 - Regulation 21.820, note
Item 7 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 8 - Paragraphs 21.825 (3) (b) and (c)
Item 8 removes the requirement for the name of the holder of the type certificate and the name of the holder of the production certificate of a balloon to be marked on the basket of the balloon. This information is not necessary as it is already covered by the information on the balloon manufacturer's data plate. The balloon manufacturer's data plate is attached to the balloon's envelope as required under 21.820(1) (4) (a). The information on this data plate has been amended by Item 5 to ensure accurate and proper information is recorded.
ITEM 9 - Regulation 21.825, note
Item 9 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 10 - Regulation 21.830, heading
Item 10 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 11 - Subregulation 21.830 (1)
Item 11 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 12 - Regulation 21.830, note
Item 12 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 13 - Paragraph 21.835 (3) (b) and (c)
Item 13 removes the requirement to include the name of the holder of the type certificate and the name of the holder of the production certificate on the engine manufacturer's data plate. This information is not necessary as the identification number of these certificates already covers it. The change aligns Australian legislation with the FAA requirements.
ITEM 14 - Paragraph 21.840 (5) (b) and (c)
Item 14 removes the requirement to mark the name of the holder of the type certificate and the name of the holder of the production certificate on aircraft propellers, blades and hubs. This information is not necessary as the identification number of these certificates already covers it. The change aligns Australian legislation with the FAA requirements.
ITEM 15 - Paragraph 21.865 (4) (d)
Item 15 adds the requirement to include the name and model designation of each type-certificated product to which the part may be fitted. This information is necessary for the user to determine if the part is eligible for installation on a type-certificated product.
ITEM 16 - Regulation 21.870, heading
Item 16 replaces the heading of regulation 21.870 by removing reference to the word `Exemption' to emphasise that the regulation provides an alternative method of compliance, rather than an exemption, to the obligation to mark information on a part (under regulation 21.865) when it is not practical to mark on the part.
ITEM 17 - Subregulation 21.870 (3), note
Item 17 removes the Note relating to the location of the definition of authorised release certificate for editorial purposes and replaces the Note after a new subparagraph 21.870 (4) at Item 18.
ITEM 18 - After subregulation 21.870 (3)
Item 18 adds a new provision 21.870 (4) that states that it is not an offence if CASA and the holder of an APMA agree that it is impractical to include the eligibility information required in Item 15 in an authorised release certificate supplied with the part if the authorised release certificate identifies a readily available document where the eligibility information is published.
ITEM 19 - Regulation 45.000
Item 19 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 20 - Regulation 45.060, heading
Item 20 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 21 - Subregulation 45.060 (1)
Item 20 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 22 - Subregulation 45.065 (3), table, item 4
Item 22 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 23 - Paragraph 45.150 (2) (a)
Item 23 replaces the term `manned balloon' with the more precise term `manned free balloon'. The term `manned balloon' is incorrect as these regulations only apply to free balloons.
ITEM 24 - Dictionary, Part 1, definition of manned balloon
Item 24 replaces the definition of `manned balloon' with the definition of `manned free balloon' meaning a free balloon that is capable of carrying 1 or more persons and is equipped with controls that enable the altitude of the balloon to be controlled.
ITEM 25 - Dictionary, Part 1, definition of unmanned balloon
Item 25 replaces the definition of `unmanned balloon' with the definition of `unmanned free balloon' meaning a balloon other than a manned free balloon.