AD/B737/346 Amdt 1 — Cabin Altitude Warning Takeoff Briefing

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Legislation au F2013L01751 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/B737/346 Amdt 1 — Cabin Altitude Warning Takeoff Briefing

 

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. 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 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/B737/346 Amdt 1 applies to the Boeing 737 Series aircraft.

 

The United States of America Federal Aviation Administration (FAA) issued AD 2008-23-07 affecting Boeing 737 series aeroplanes in 2008. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B737/346 to mandate the requirements of FAA AD 2008-23-07. As a result of a request from industry, CASA has amended AD/B737/346 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/B737/346 Amdt 1, will become effective on 30 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 30 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/B737/346 Amdt 1]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/B737/346 Amdt 1 – Cabin Altitude Warning Takeoff Briefing

 

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 2008-23-07 affecting Boeing 737 series aeroplanes in 2008. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B737/346 to mandate the requirements of FAA AD 2008-23-07. As a result of a request from industry, CASA has amended AD/B737/346 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/B737/346 Amdt 1, will become effective on 30 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 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, providing a regulatory framework that includes the issuance of airworthiness directives (ADs) for aircraft and aeronautical products. This legislation was developed under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations in the interests of air navigation safety. The AD/B737/346 Amdt 1, issued by the Civil Aviation Safety Authority (CASA) in response to a request from industry, is a specific amendment to AD/B737/346, aiming to allow an alternate means of compliance with certain requirements for Boeing 737 Series aircraft. This amendment, effective from 30 September 2013, is made under the authority delegated to CASA and does not substantially alter existing arrangements. The policy objective behind this amendment is to facilitate compliance by operators of Boeing 737 aircraft, ensuring they can meet regulatory requirements through approved alternate means.

Scope and Application

The AD/B737/346 Amdt 1 applies specifically to Boeing 737 series aircraft operating within Australia, mandated by the Civil Aviation Safety Regulations 1998. This amendment follows the Federal Aviation Administration's (FAA) AD 2008-23-07, which was issued for the same aircraft type in the United States, the State of Design. The Civil Aviation Safety Authority (CASA) issued AD/B737/346 to enforce the FAA's requirements in Australia, and the recent amendment allows operators to revise the Aircraft Flight Manual (AFM) in accordance with the FAA's Alternate Means of Compliance (AMOC) Letter 130S-09-134a dated 28 April 2009. This amendment, which became effective on 30 September 2013, is a legislative instrument under the Civil Aviation Act 1988, and it replaces the previous AD/B737/346. The amendment was made in response to industry requests and does not substantially alter existing arrangements, thus no further public consultation was deemed necessary. Additionally, the Office of Regulatory Review determined that this AD does not require a Regulatory Impact Statement, and it is compatible with human rights as declared in the relevant international instruments.

Key Provisions

The primary operative sections of the Civil Aviation Safety Regulations 1998 Amendment (AD/B737/346 Amdt 1) pertain to the cabin altitude warning takeoff briefing for Boeing 737 Series aircraft. This amendment allows for the revision of the Aircraft Flight Manual (AFM) as an alternate means of compliance with requirement 2 of the original AD/B737/346, as specified in the approved FAA Alternate Means of Compliance (AMOC) Letter 130S-09-134a dated 28 April 2009. The amendment to the AD was made in response to a request from industry, specifically an operator of the Boeing 737 series aircraft. It is important to note that this amendment does not substantially alter existing arrangements and is of a minor nature. The amendment became effective on 30 September 2013 and replaces the previous AD/B737/346. The obligations and requirements imposed by this Act pertain to the continuing airworthiness of Boeing 737 Series aircraft. The State of Design, in this case, the United States of America, is responsible for providing information necessary to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and issue an Australian AD if appropriate. Operators of the Boeing 737 Series must comply with the AD requirements, including revising the AFM as per the approved FAA AMOC Letter 130S-09-134a to meet the cabin altitude warning takeoff briefing requirements. There are no specific offences, penalties, or civil/criminal consequences outlined for breach of this particular amendment within the provided text. However, under the broader Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, failure to comply with airworthiness directives or regulations can lead to serious consequences, including fines, aircraft grounding, and potential criminal charges for individuals. The exact penalties for non-compliance would depend on the specific breach and the relevant regulations or acts under which the breach is prosecuted. The Civil Aviation Safety Authority (CASA) has the authority to enforce compliance and take appropriate action against non-compliance.

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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.