Federal Register of Legislation
Civil Aviation Amendment Order (No. R93) 2004
I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under regulation 31.001 of the Civil Aviation Safety Regulations 1998.
[Signed Bruce Byron]
Bruce Byron Director of Aviation Safety and Chief Executive Officer
12 December 2004
__________________
1 Name of Order This Order is the Civil Aviation Amendment Order (No. R93) 2004. 2 Commencement This Order commences on gazettal. 3 Replacement of section 101.54 of the Civil Aviation Orders Section 101.54 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.
Schedule 1 Substitution of section 101.54 of the Civil Aviation Orders
SECTION 101.54
AIRWORTHINESS CERTIFICATION REQUIREMENTS — MANNED FREE BALLOONS 1 APPLICATION 1.1 This section specifies airworthiness certification requirements for the purposes of regulation 31.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998). 3 DESIGN STANDARDS 3.1 Special conditions: If CASA finds that the design standards specified in this subsection do not provide adequate or appropriate safeguards against particular features or characteristics of a balloon, CASA may issue such special conditions which add to or vary the design standards for that aircraft as it finds necessary to restore a level of safety equivalent to that otherwise established in the design standards. 3.2 Basic requirements and equivalent safety: (a) the design standards which follow shall be complied with, as applicable, unless CASA has determined on the basis of evidence submitted that any item not complied with is compensated for by factors which provide an equivalent level of safety; (b) imported balloons: (i) FAR Part 31 or the BCAR Part 31 for manned free balloons against which compliance was required for original type certification by the competent authority in the State of manufacture; and (ii) those requirements specified in paragraphs 3.3 and subsequent of this section; Note: An intending purchaser of an imported balloon for which original type certification was to standards other than the FAR or the BCAR should consult CASA as to the acceptability of those other standards. (c) balloons of Australian manufacture: (i) FAR Part 31 or the BCAR Part 31 effective at the date of application for the type certificate; and (ii) those requirements specified in paragraph 3.3 and subsequent of this subsection. Note 1: Airworthiness Directives must be complied with before a certificate of airworthiness will be issued for an individual balloon. Note 2: The requirement of FAR 31, paragraph 31.47 (d) and the requirements of BCAR Part 31, paragraphs 31.47 (d) to (g) inclusive are not applicable to balloons of Australian manufacture. In lieu of those requirements, the requirement of paragraph 3.3 of this subsection is to be complied with. Note 3: The requirements of FAR 31, paragraph 31.65 and BCAR Part 31, paragraph 31.65 are not applicable to balloons of Australian manufacture. Note 4: The requirements of FAR 31, paragraph 31.82 are not applicable to balloons of Australian manufacture. HEATER 3.3 Heater endurance test: (a) the heater system (including the burner unit, controls, fuel lines, fuel cells, regulators, control valves and other related elements) must be substantiated by an endurance test designed to reflect the limiting conditions likely to be encountered in service, both in kind and duration. The endurance test proposed by the manufacturer must be approved by CASA. In performance of the test, each element of the system must be installed and tested so as to simulate the actual balloon installation; and (b) the test must also include at least 3 flameouts and restarts; and (c) each element of the system must be serviceable at the end of the test; and (d) the pilot light (or other means of ignition) must be shown to operate reliably in typical gusts and rain, must be readily accessible for relighting and must be easily relit. Note 1: Appendix I to this section describes an acceptable means of demonstrating compliance with the requirements of this paragraph. SYSTEMS 3.4 Instruments: The balloon shall be provided with the following instruments installed in such a manner that they are clearly legible by the crew: (a) all balloons: (i) sensitive altimeter with barometric scale calibrated in millibars in increments of not more than 2 millibars; and (ii) vertical speed indicator; (b) hot air balloons: (i) fuel quantity gauge or other means (such as isolated tanks which can be used in sequence) which enable the pilot to know the quantity of fuel remaining. The gauge or gauges must be calibrated in appropriate units or in percent of fuel cell capacity over a range from empty to at least 30% of capacity; and (ii) envelope temperature indicator which may be of the continuous reading type or a type which gives a warning signal; and (iii) outside air temperature thermometer. DESIGN AND CONSTRUCTION 3.5 Basket: 3.5.1 The basket shall be provided with a sufficient number of hand-holds to provide at least 1 for each occupant. The hand-holds shall be so located that the risk of injury to the occupants using them is minimised. 3.5.2 The basket must be provided with drain holes which minimise the risk of accumulation of fuel within the basket. Note: The basket and equipment carried therein should, as far as is practicable, be manufactured from non-magnetic materials. 4 DOCUMENTS 4.1 General: CASA shall be supplied with a copy of each of the documents and data listed in paragraphs 4.2 to 4.4 inclusive. They shall be in the English language and either in document form or an acceptable microformat. Note: Design data contained in manufacturers' documents will be treated as confidential information and will not be communicated to other persons without the written permission of the manufacturer concerned. 4.2 Design data: The required design data for an imported aircraft is listed here, but the data required for an aircraft of Australian manufacture will be specified by CASA in determining the suitability of the design for the issue of a type certificate under regulation 21.029 of CASR 1998: (a) summary report providing statements of the means of compliance with the requirement paragraphs of this section including, where applicable, a reference to other documents in which compliance is substantiated; and (b) reports substantiating compliance with the requirement paragraphs of this section; and (c) type certificate and type certificate data sheet or equivalent documents issued by the competent authority in the State of manufacture; and (d) ground and flight type inspection reports or, where these do not exist, such other reports which summarise compliance of the aircraft by inspection and flight assessment, approved by the above competent authority; and (e) a specimen flight manual for the balloon model, approved by the above competent authority; and Note: An acceptable flight manual format is detailed at Appendix II. (f) list of type design data, including reports, required by, or submitted to, the above competent authority in respect of the balloon, basket and heater system — some of these data may be required by CASA; and (g) details of any additional requirements, including special conditions, and exemptions, exceptions, equivalent safety findings and any other deviations required or approved by the above competent authority; and (h) type record or reports which summarise the design basic loads and the acceptability of the balloon against the structural design standards approved by the above competent authority; and (i) all general assembly drawings and station diagrams for the balloon; drawings of all major structural elements and assemblies, and of all essential systems and services including heater systems; and (j) complete drawing list. 4.3 Service documents: All current field service documents and advice to operators which contain modifications or changes, or which establish or change inspections in respect of the envelope, basket, basket suspension system or heater system, together with statements from the manufacturers in which undertakings are given to supply CASA copies of all subsequent documents of that type. 4.4 Manuals: (a) manufacturer's manuals dealing with airworthiness limitations as well as schedules and procedures for inspection, maintenance, overhaul and repair of the balloon, including its envelope, heater system, basket and its equipment, and basket suspension system; and (b) manufacturer's manual detailing procedures for flight operation; and (c) illustrated parts catalogues for the balloon including its envelope, basket, basket suspension system, heater system and its equipment; and (d) manufacturer's documents detailing any additional or special operating characteristics and functional test procedures for services, systems and equipment, including equipment manufactured to commercial specifications.
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