AD/B737/294 Amdt 2 - Flightcrew Oxygen Masks

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L01697 In force Legislative Instrument

Legislation content

Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/B737/294 Amdt 2 — Flightcrew Oxygen Masks

 

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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001 (5) of CASR 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an 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 ICAO 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 State of Design issues an AD against 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 State of Design. AD/B737/294 Amdt 2 applies to the Boeing 737 Series aircraft.

 

The United States of America Federal Aviation Administration (FAA) issued AD 2006-13-13 affecting Boeing 737 series aeroplanes in 2006. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B737/294 Amdt 1 to mandate the requirements of FAA AD 2006-13-13. As a result of a request from industry, CASA has amended AD/B737/294 Amdt 1 to allow the revising of the Aircraft Flight Manual (AFM) as per the approved FAA Alternate Means of Compliance (AMOC) Letter 130S-09-134a dated 28 April 2009 as an alternate means of complying with requirement 2 of this AD. The amended AD, AD/B737/294 Amdt 2, will become effective on 27 September 2013. This AD cancels and replaces the previous issue.


 

Consultation

This amendment is being made at the request of industry, in particular an operator of the Boeing 737 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from approving an alternate means of complying with requirement 2 of the AD, no further consultation of the Australian public has taken place.

 

The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 27 September 2013.

 

The AD 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.

 

[Instrument number AD/B737/294 Amdt 2]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/B737/294 Amdt 2 – Flightcrew Oxygen Masks

 

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 United States of America Federal Aviation Administration (FAA) issued AD 2006-13-13 affecting Boeing 737 series aeroplanes in 2006. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B737/294 Amdt 1 to mandate the requirements of FAA AD 2006-13-13. As a result of a request from industry, CASA has amended AD/B737/294 Amdt 1 to allow the revising of the Aircraft Flight Manual (AFM) as per the approved FAA Alternate Means of Compliance (AMOC) Letter 130S-09-134a dated 28 April 2009 as an alternate means of complying with requirement 2 of this AD. The amended AD, AD/B737/294 Amdt 2, will become effective on 27 September 2013. This AD cancels and replaces the previous issue.

 

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 were enacted to ensure the safety of air navigation in Australia, and in 2013, an amendment was introduced through AD/B737/294 Amdt 2, specifically targeting the Boeing 737 series aircraft. This amendment was made under the authority granted to the Civil Aviation Safety Authority (CASA) by the Civil Aviation Act 1988, which empowers CASA to issue airworthiness directives to ensure aircraft safety. The amendment was prompted by a request from industry, allowing for an alternate means of compliance regarding the revision of the Aircraft Flight Manual (AFM) as specified in the Federal Aviation Administration's (FAA) Alternate Means of Compliance (AMOC) Letter 130S-09-134a. The policy objective behind this amendment is to provide flexibility to operators while maintaining the high safety standards set forth in the regulations. The amendment was effective from 27 September 2013 and was made by a delegate of CASA, in accordance with the legislative instruments act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) establish the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, AD/B737/294 Amdt 2 pertains to the Boeing 737 Series aircraft and mandates compliance with requirements set by the Federal Aviation Administration (FAA) of the United States, which is the State of Design for this aircraft type. This AD applies to all operators of Boeing 737 aircraft registered in Australia, ensuring that these aircraft meet the specified safety standards. The amendment, which was made in response to an industry request, allows operators to revise their Aircraft Flight Manual (AFM) in accordance with an approved FAA Alternate Means of Compliance (AMOC) as an alternate means of compliance with certain requirements. This AD supersedes the previous version and came into effect on 27 September 2013. The application of this AD is limited to Australian-registered Boeing 737 aircraft, and no further consultation was deemed necessary as the amendment is minor and does not substantially alter existing arrangements. The AD is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) (sections 39.001 and 11.260) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), with section 39.001(5) of the CASR 1998 specifically detailing the legislative nature of ADs. This particular AD, AD/B737/294 Amendment 2, pertains to the Boeing 737 series aircraft, and was issued in response to the Federal Aviation Administration (FAA) AD 2006-13-13. The AD mandates the revision of the Aircraft Flight Manual (AFM) to comply with the FAA's Alternate Means of Compliance (AMOC) Letter 130S-09-134a dated 28 April 2009. This amendment becomes effective on 27 September 2013 and replaces the previous AD. Operators of Boeing 737 series aircraft are required to ensure that the AFM is revised in accordance with the FAA AMOC Letter 130S-09-134a. This involves updating the AFM to reflect the changes necessary to comply with the AD. CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. As the AD is of a minor nature and does not substantially alter existing arrangements, no further consultation of the Australian public has taken place. Failure to comply with this AD may result in the aircraft being considered unairworthy. Operators who do not revise the AFM in accordance with the AD risk facing penalties, which may include fines and potential grounding of the aircraft. The severity of the penalties depends on the extent of non-compliance and the impact on aviation safety. CASA has the authority to take enforcement actions against non-compliant operators to ensure adherence to the AD and the maintenance of airworthiness standards. In summary, AD/B737/294 Amendment 2 requires operators of Boeing 737 series aircraft to revise their AFMs to comply with the FAA AMOC Letter 130S-09-134a. Non-compliance may lead to significant penalties, including fines and potential grounding of the aircraft. CASA's role is to enforce these requirements to ensure the continuing airworthiness of aircraft within Australia.

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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.