AD/B737/224 Amdt 4 - Horizontal Stabiliser Attachment Pins and Bolts - Inspection

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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

Overview

The Civil Aviation Safety Regulations 1998, as amended by AD/B737/224 Amendment 4, address the safety concerns related to horizontal stabiliser attachment pins and bolts on Boeing 737 series aircraft. Enacted under the Civil Aviation Act 1988, the regulation was introduced to ensure the continuing airworthiness of aircraft registered in Australia, in compliance with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, issued this amendment in response to an industry request and to align with alternative methods of compliance approved by the Federal Aviation Administration in the United States. The amendment provides additional flexibility in the inspection and repair requirements for specific aircraft, enhancing safety without imposing significant new burdens. This legislative instrument aims to maintain high safety standards while accommodating practical industry needs.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 4 (AD/B737/224 Amdt 4) pertains specifically to the Boeing 737 series aircraft, addressing the inspection of horizontal stabiliser attachment pins and bolts. This legislative instrument applies to aircraft operators, maintenance personnel, and other entities involved in the maintenance and operation of Boeing 737 series aeroplanes within Australia. The amendment was made under the authority conferred by the Civil Aviation Act 1988 and is designed to ensure the continuing airworthiness of these aircraft. It mandates specific inspections and repairs for certain aircraft within the series, with particular exclusions for aircraft with higher line numbers. The amendment was issued in response to industry requests and aligns with the alternative methods of compliance (AMOCs) approved by the United States Federal Aviation Administration (FAA). The regulation commenced on 11 December 2014 and is applicable nationally across Australia, reinforcing the safety standards set forth by international aviation authorities. The amendment also ensures compatibility with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The main operative sections of AD/B737/224 Amdt 4 pertain to the exclusion of certain Boeing 737 series aircraft from specific inspection, repair, or replacement requirements relating to horizontal stabiliser attachment pins and bolts. Under this amendment, aircraft with line numbers from 1725 to 3534 inclusive are excluded from the requirement to inspect, repair, or replace front spar attach bolts if specified bolts are fitted (Section 2). Similarly, aircraft with line numbers 3535 and higher are excluded from the need to repair, replace, or conduct repetitive inspections of the rear spar attach pins and front spar attach bolts as outlined in paragraphs (c), (d), and (e) of the original FAA AD 2004-05-19 (Section 3). These exclusions are intended to provide additional alternative methods of compliance, as requested by the industry. The obligations imposed by this amendment require operators of Boeing 737 series aircraft to determine the line number of their aircraft and to apply the exclusions appropriately. Operators must ensure that the exclusions are correctly applied to their fleet and that any required inspections, repairs, or replacements are conducted only on aircraft that fall outside the specified line numbers. This amendment also mandates that operators maintain records demonstrating compliance with the AD, including any inspections, repairs, or replacements performed. Failure to comply with the requirements of AD/B737/224 Amdt 4 may result in non-compliance with airworthiness standards, potentially leading to aircraft being deemed unairworthy. Operators who fail to adhere to the AD may face enforcement actions by the Civil Aviation Safety Authority (CASA), which could include fines, suspension, or revocation of air operator certificates. Under section 17.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to take action against operators who do not comply with airworthiness directives, with potential civil penalties for non-compliance. While specific maximum penalties are not detailed in the AD, they could include substantial financial penalties and operational restrictions. In summary, AD/B737/224 Amdt 4 provides specific exclusions for certain Boeing 737 aircraft from inspection, repair, and replacement requirements related to horizontal stabiliser attachment pins and bolts. Operators must determine their aircraft's line number and apply these exclusions as specified. Non-compliance with the AD could lead to enforcement actions by CASA, including potential fines and operational sanctions.

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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.