AD/B737/224 Amdt 3 - Horizontal Stabiliser Attachment Pins and Bolts - Inspection

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Legislation au F2014L00536 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/B737/224 Amdt 3 — Horizontal Stabiliser Attachment Pins and Bolts - Inspection

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), 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. Therefore, this AD is a legislative instrument.

 

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.

 

The Federal Aviation Administration (FAA) of the United States of America issued AD 2004-05-19 affecting Boeing 737 series aeroplanes in 2004. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B737/224 Amdt 2 to mandate the requirements of FAA AD 2004-05-19. This AD required inspection of horizontal stabiliser attachment bolts and pins for wear, pits and corrosion damage in accordance with Boeing Service Bulletin (SB) 737-55-1086, Original Issue.

 

Boeing issued SB 737-55-1093, Original Issue, relating to replacement of the horizontal stabiliser rear spar pins with improved pins. As a result, the FAA accepted SB 737-55-1093, Original Issue as an alternate method of compliance (AMOC) to the requirements of FAA AD 2004-05-19 to inspect or replace the rear spar attach pins.

 

Boeing also developed an improved version of the front spar bolts and rear spar pins that are not subject to the discrepant condition identified in FAA AD 2004-05-19. Aeroplanes with line number 3535 and higher have these bolts and pins installed. As a result, the FAA has excluded aeroplanes with line number 3535 and higher from the requirements of paragraphs (a) and (b) of FAA AD 2004-05-19. Those requirements relate to an initial inspection and repetitive inspections where the pins and bolts are not damaged and not replaced or repaired.

 

CASA received a request from an operator of affected aircraft to exclude aircraft line numbers 3535 and higher from compliance with the CASA AD and also to allow the use of Boeing SB 737-55-1093, Original Issue, as an AMOC. CASA reviewed the request and as a result has decided to issue AD/B737/224 Amdt 3. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This AD is being made at the request of industry, in particular an operator of Boeing 737 aeroplanes. As this AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from excluding specified aircraft from compliance with some requirements of the CASA AD and providing for an alternate means of compliance with the AD, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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.

 

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 1998 and subsection 94 (1) of the Act.

 

The instrument commences on 16 May 2014.

 

[Instrument number AD/B737/224 Amdt 3]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/B737/224 Amdt 3 – Horizontal Stabiliser Attachment Pins and Bolts - Inspection

 

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 Federal Aviation Administration (FAA) of the United States of America issued airworthiness directive (AD) 2004-05-19 affecting Boeing 737 series aeroplanes in 2004. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B737/224 Amdt 2 to mandate the requirements of FAA AD 2004-05-19.

 

This legislative instrument repeals and replaces AD/B737/224 Amdt 2 to exclude aircraft with line numbers 3535 and higher from compliance with some requirements of the FAA AD and to allow the use of Boeing Service Bulletin 737-55-1093, Original Issue, as an alternative method of compliance with the AD.

 

The primary purpose of this legislative instrument is to update the description of the aircraft to which requirements of the AD apply and provide for a suitable alternative method of compliance.

 

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to regulate the safety of air navigation in Australia, and they empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. AD/B737/224 Amdt 3, introduced on 16 May 2014, addresses a specific safety concern regarding the inspection of horizontal stabiliser attachment pins and bolts on Boeing 737 series aeroplanes. This amendment responds to a request from the industry, particularly an operator of Boeing 737 aeroplanes, to exclude aircraft with line numbers 3535 and higher from certain inspection requirements and to allow the use of Boeing Service Bulletin 737-55-1093, Original Issue, as an alternative method of compliance. The AD is a legislative instrument made under the authority conferred by section 98 of the Civil Aviation Act 1988 and subregulation 11.260(1) of the CASR 1998. The policy objective is to ensure the continuing airworthiness of aircraft while accommodating advancements in design and operational practices.

Scope and Application

The AD/B737/224 Amdt 3 issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 applies to the inspection of horizontal stabiliser attachment pins and bolts in Boeing 737 series aeroplanes registered in Australia. This AD specifically targets aircraft that are subject to the original FAA AD 2004-05-19, while excluding aeroplanes with line numbers 3535 and higher, which are equipped with improved bolts and pins that do not exhibit the same issues. CASA issued this amendment in response to a request from an industry operator to provide a more refined and suitable compliance method. The AD serves to mandate safety regulations ensuring the continuing airworthiness of the affected aircraft and aligns with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative instrument, which is a minor amendment, was made under the powers conferred by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, and it commenced on 16 May 2014. The AD is compatible with human rights, as it does not engage any of the rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) were amended by AD/B737/224 Amdt 3 to address the inspection requirements for horizontal stabiliser attachment pins and bolts on Boeing 737 aeroplanes. This amendment, which repeals and replaces the previous AD/B737/224 Amdt 2, was made under the authority of section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act, and regulation 39.001, which permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. The AD is a legislative instrument unless it applies to a particular person, aircraft, or aeronautical product. AD/B737/224 Amdt 3 modifies the inspection requirements for Boeing 737 aeroplanes to exclude aircraft with line numbers 3535 and higher from certain inspection requirements and allows the use of Boeing Service Bulletin 737-55-1093, Original Issue, as an alternative method of compliance. This amendment responds to changes in the design and manufacturing processes of the aircraft that have addressed the issues initially identified in FAA AD 2004-05-19. Under this AD, operators of Boeing 737 aeroplanes must ensure that the inspection and compliance requirements are met according to the provisions specified. Operators of aircraft with line numbers 3535 and higher are exempt from the inspection and repetitive inspections of the horizontal stabiliser attachment pins and bolts, unless specified otherwise. Additionally, operators may use Boeing Service Bulletin 737-55-1093, Original Issue, as an alternative method of compliance if they choose to replace the rear spar pins with improved pins. Failure to comply with the AD/B737/224 Amdt 3 may result in civil or criminal penalties under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. CASA, as the national airworthiness authority, has the power to enforce compliance and may take appropriate action against operators who fail to meet the AD requirements. The penalties for non-compliance can include fines and potential grounding of the aircraft, depending on the severity of the breach and the impact on air safety. CASA has determined that this AD is of a minor or machinery nature and does not substantially alter existing arrangements, hence it was not necessary to undertake further consultation under section 17 of the Legislative Instruments Act 2003. Furthermore, a Regulation Impact Statement is not required as ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation. The AD has been made by a delegate of CASA under the power of delegation specified in subregulation 11.260(1) of CASR 1998 and subsection 94(1) of the Act, and it commences on 16 May 2014.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.