Federal Register of Legislation - Australian Government

Primary content

AD/RAD/92 Amdt 2 Airworthiness Directives as made
This instrument repeals and replaces AD/RAD/92 Amdt 1 - Rockwell Collins TDR-94/94D Transponder/Honeywell AZ800/810 Air Data Computer Selected Altitude Data Inputs to remove obsolete references and make minor editorial changes to reflect current requirements.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 31 Aug 2021
Tabling HistoryDate
Tabled HR01-Sep-2021
Tabled Senate02-Sep-2021

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/RAD/92 Amdt 2 — Rockwell Collins TDR-94/94D Transponder/Honeywell AZ800/810 Air Data Computer Selected Altitude Data Inputs

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (CASA) may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

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 International Civil Aviation Organization 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 foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/RAD/92 Amdt 2 applies to certain Rockwell Collins Mode S Transponders.

The European Aviation Safety Agency (EASA) issued AD 2009-0173 affecting certain Rockwell Collins Mode S Transponders in 2009. EASA, having issued an ETSO approval for these transponders, is a State of Design for this equipment. CASA subsequently issued AD/RAD/92 to mandate the requirements of EASA AD 2009‑0173. CASA subsequently issued AD/RAD/92 Amdt 1 to mandate the requirements EASA AD 2009‑0173R1 issued in 2010, to provide relief from the requirements of the AD for operators of certain aircraft. As a result of an internal review, CASA has issued AD/RAD/92 Amdt 2 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Rockwell Collins Service Bulletins (SB) TDR-94/94D-34-506506, TDR‑94/94D‑34‑507506, and TDR-94/94D-34-505506, provides airworthiness and operational approval of the “Enhanced Air Traffic Services in Non-Radar Areas using ADS-B Surveillance” (ADS-B-NRA) application. For subsection 98 (5D) of the Act, the technical documents are incorporated as they exist from time to time. The technical documents are not freely available.

 

The above technical documents incorporated into this AD, which are not freely available, are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They can 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 technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical document 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 instrument, or to any interested person.

European Aviation Safety Agency (EASA) Acceptable Means of Compliance (AMC) 20-24, provides instructions for the modification of applicable Rockwell Collins Mode S Transponders. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following internet address:

 

https://www.easa.europa.eu/sites/default/files/dfu/Annex%20II%20-%20AMC%2020-24.pdf

 

EASA Certification Specifications and Acceptable Means of Compliance for Airborne Communications, Navigation and Surveillance (CS-ACNS), provides instructions for compliance with communications, navigation and surveillance carriage requirements. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following internet address:

 

https://www.easa.europa.eu/certification-specifications/cs-acns-airborne-communications-navigation-and-surveillance

 

United States of America Federal Aviation Administration (FAA) Code of Federal Regulations (CFR) 14CFR91.225, provides instructions for Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following internet address:

 

https://www.ecfr.gov/cgi-bin/text-idx?node=14:2.0.1.3.10#se14.2.91_1225

 

FAA Code of Federal Regulations (CFR) 14CFR91.227, provides instructions for Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment performance requirements. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following internet address:

 

https://www.ecfr.gov/cgi-bin/text-idx?node=14:2.0.1.3.10#se14.2.91_1227

 

EASA AD 2009-0173R1 is mentioned in the AD but not incorporated by reference in it. It is freely available from the EASA website at the following internet address:

https://ad.easa.europa.eu/ad/2009-0173R1

Consultation

This AD is being made as a result of an internal CASA review to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating references to reflect current requirements, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).

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 relying on the power of delegation under subregulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

The instrument commences on 10 September 2021.

[Instrument number AD/RAD/92 Amdt 2]

 

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/RAD/92 Amdt 2 — Rockwell Collins TDR-94/94D Transponder/Honeywell AZ800/810 Air Data Computer Selected Altitude Data Inputs

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 European Aviation Safety Agency (EASA) issued AD 2009-0173 affecting certain Rockwell Collins Mode S Transponders in 2009. EASA, having issued an ETSO approval for these transponders, is a State of Design this equipment. CASA subsequently issued AD/RAD/92 to mandate the requirements of EASA AD 2009‑0173. CASA subsequently issued AD/RAD/92 Amdt 1 to mandate the requirements EASA AD 2009‑0173R1 issued in 2010, to provide relief from the requirements of the AD for operators of certain aircraft. As a result of an internal review, CASA has issued AD/RAD/92 Amdt 2 to remove references to legislative instruments no longer in force under the Civil Aviation Regulations 1988.

The primary purpose of this legislative instrument is to remove obsolete references and make minor editorial changes to reflect current 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