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CD 1513CS - Proposed amendment to regulation 90.255
Regulation 90.255 of the Civil Aviation Safety Regulations 1998 was introduced in 2010 to require the use of seat cushions with improved fire protection properties in certain large (i.e. maximum take-off weight of more than 5700 kg) aeroplanes used in air transport operations. The regulation superseded AD/GENERAL/63 and was intended to harmonise the Australian requirements with the requirements of the USA.
Regulation 90.255 comes into force in two phases. Initially, it only applies to transport category aeroplanes with more than 30 passenger seats that were type certificated on or after 1 January 1958, and that are operated in air transport operations. This is the current situation. The second phase commences on 1 January 2016, at which time the applicability will expand to include all transport category aeroplanes type certificated on or after 1 January 1958 (i.e. including those with 30 or less passenger seats), and also non-transport category aeroplanes that were type certificated on or after 1 January 1965, in both cases still only for large aeroplanes in air transport operations.
Note At the current time, air transport operations are defined as charter and regular public transport operations under paragraphs 206(1)(b) and (c) of CAR respectively. However, the ongoing reform of the operational regulations will affect this classification terminology.
CASA has commenced a post implementation review of the Part 90 regulations. The review has indicated that the expanded application of regulation 90.255 on 1 January 2016 may exceed the original policy intention. This is in part because of the differences in operational categorisation of aircraft between Australia and the USA, and also the ongoing reform the Australian operational regulations, which includes changes to the existing operational classification structure. It is also apparent that industry will not be able to fully comply with the expanded application requirements by 1 January 2016.
Given the commencement date of 1 January 2016 and the necessary timeframes associated with finalising the Part 90 post implementation review and developing and making the associated comprehensive regulatory amendment pack, CASA proposes to make a minor regulation amendment in the short term that would stop the second phase expanded application of regulation 90.255 from commencing on 1 January 2016. This would be an interim measure that would maintain the requirements of regulation 90.255 exactly as they apply now.
CASA and the Part 90 post implementation review working group will continue to consider the matter in more detail as part of the wider Part 90 post implementation review, including the current international standards and requirements and the ongoing reform of the Australian operational regulations. Further consultation on the final set of requirements associated with regulation 90.255 will be carried out when CASA and the Part 90 post implementation review working group have completed their review and developed a comprehensive suite of proposals for Part 90.
How to respond
Please forward your response to CASA by 30 June 2015 by one of the following means:
- Post (no stamp required in Australia)
Reply Paid 2005
Standards Documentation Coordinator
CASA’s Standards Development and Quality Assurance Branch
Canberra ACT 2601, Australia
- Email: firstname.lastname@example.org
12 June 2015
- SPC to CD 1513CS (72KB)