Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/B737/224 Amdt 4 — 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. AD/B737/224 Amdt 4 applies to the Boeing 737 series aircraft.
The United States of America Federal Aviation Administration (FAA) issued AD 2004-05-19 affecting Boeing 737 series aeroplanes in 2004. The United States is the State of Design for this aircraft type. CASA subsequently issued AD/B737/224 Amdt 3 to mandate the requirements of FAA AD 2004-05-19 and to allow the use of FAA approved alternative methods of compliance (AMOCs) with the equivalent requirements of the AD, including the exclusion of aircraft with line number 3535 and higher from the requirement to conduct the inspections required by paragraphs (a) and (b) of the FAA AD.
As a result of a request from industry, and consistent with FAA AMOCs, CASA has issued AD/B737/224 Amdt 4 to exclude aircraft with line numbers from 1725 to 3534 inclusive from the requirement to conduct the inspections, and replacement or repair, of the front spar attach bolts required by the FAA AD if the aircraft are fitted with front spar attach bolts with part number 180A1611‑3 or 180A1611‑5.
AD/B737/224 Amdt 4 also excludes aircraft with line number 3535 and higher from the requirement to conduct the repair or replacement, and repetitive inspections, required by paragraphs (c), (d) and (e) of the FAA AD.
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 the Boeing 737 series aircraft. As the changes from the previous AD on this subject are of a minor or machinery nature and do not substantially alter existing arrangements apart from providing additional alternate methods of compliance, 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 (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 1998 and subsection 94 (1) of the Act.
The instrument commences on 11 December 2014.
[Instrument number AD/B737/224 Amdt 4]
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 4 – 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
In 2004, the United States of America Federal Aviation Administration (FAA) issued airworthiness directive (AD) 2004-05-19 requiring inspection, and repair or replacement, of horizontal stabiliser rear spar attach pins and front spar attach bolts on Boeing 737 series aeroplanes. The United States is the State of Design for this aircraft type.
CASA subsequently issued AD/B737/224 Amdt 3 to mandate the requirements of FAA AD 2004-05-19 and to allow the use of FAA approved alternative methods of compliance (AMOCs) with the equivalent requirements of the AD, including the exclusion of aircraft with line number 3535 and higher from the requirement to conduct the inspections required by paragraphs (a) and (b) of the FAA AD.
As a result of a request from industry, and consistent with FAA AMOCs, CASA has issued AD/B737/224 Amdt 4 to exclude, aircraft with line numbers from 1725 to 3534 inclusive from the requirements relating to the front spar attach bolts if specified bolts have been fitted.
AD/B737/224 Amdt 4 also excludes aircraft with line number 3535 and higher from the requirement to conduct the repair, replacement and repetitive inspections required by paragraphs (c), (d) and (e) of the FAA AD.
The primary purpose of this legislative instrument is to provide additional alternate methods of compliance with the CASA AD.
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