AD/B737/42 Amdt 1 — Escape Slide Release Cable

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

Legislation au F2013L01750 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/B737/42 Amdt 1 — Escape Slide Release Cable

 

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.

 

The United States of America Federal Aviation Administration (FAA) issued AD
90-12-11 R1 affecting Boeing 737 series aeroplanes.  The United States is the State of Design for this aircraft type.  CASA subsequently issued AD/B737/42 to mandate the requirements of FAA AD 90-12-11 R1.

This AD required inspection of each escape slide release cable for fraying or broken cable.  CASA received a request from industry to exclude Model 737-600/-700/-800 airplanes from compliance with the CASA AD and also to exclude forward entry and service doors that have been modified in accordance with Boeing Service Bulletin 737-25A1270.  CASA reviewed the request and as a result has decided to amend AD/B737/42.  The amended AD, AD/B737/42 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 Boeing 737 aeroplanes.  As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from excluding Model 737-600/-700/-800 airplanes from compliance with the CASA AD and also excluding forward entry and service doors that have been modified in accordance with Boeing Service Bulletin 737-25A1270, 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/B737/42 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/B737/42 Amdt 1 – Escape Slide Release Cable

 

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
90-12-11 R1 affecting Boeing 737 series aeroplanes.  The United States is the State of Design for this aircraft type.  CASA subsequently issued AD/B737/42 to mandate the requirements of FAA AD 90-12-11 R1.

This AD required inspection of each escape slide release cable for fraying or broken cable.  CASA received a request from industry to exclude Model 737-600/-700/-800 airplanes from compliance with the CASA AD and also to exclude forward entry and service doors that have been modified in accordance with Boeing Service Bulletin 737-25A1270.  CASA reviewed the request and as a result has decided to amend AD/B737/42.  The amended AD, AD/B737/42 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 were enacted to ensure the safety of air navigation in Australia, aligning with the overarching principles established by the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate compliance with international safety standards. This legislative instrument aims to address the problem of ensuring the continuing airworthiness of aircraft, particularly in response to directives issued by the State of Design, which in this case is the United States for Boeing 737 aeroplanes. In response to a request from industry, CASA amended AD/B737/42 to exclude specific Boeing 737 models and modified doors from the compliance requirements, effective from 30 September 2013. This amendment was made under the delegation of authority provided by CASA, in accordance with the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988.

Scope and Application

The AD/B737/42 Amdt 1, an amendment to the Civil Aviation Safety Regulations 1998, pertains specifically to the inspection of escape slide release cables for Boeing 737 series aeroplanes, with the exception of Models 737-600/-700/-800 and forward entry and service doors modified in accordance with Boeing Service Bulletin 737-25A1270. This amendment is applicable on the Australian Register of aircraft and is made under the authority conferred by the Civil Aviation Act 1988. The regulation mandates compliance with the United States Federal Aviation Administration's AD 90-12-11 R1, which concerns the inspection of escape slide release cables for fraying or broken cables, while exempting certain specified models and modified doors. The amendment was made in response to a request from industry, following a review process and with no requirement for further consultation due to the minor nature of the changes. The AD is effective as of 30 September 2013, replacing the previous version. It is compatible with human rights as it does not engage any of the applicable rights or freedoms, and no Regulatory Impact Statement was required.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that mandate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These directives are essential for ensuring the safety of air navigation and are issued in response to requirements from the State of Design, which is responsible for the continuing airworthiness of an aircraft type. In this context, the Federal Aviation Administration (FAA) of the United States issued AD 90-12-11 R1 for Boeing 737 series aeroplanes, necessitating CASA to issue AD/B737/42 to enforce these requirements in Australia. The primary requirement of AD/B737/42 is the inspection of each escape slide release cable for signs of fraying or breakage. However, following a request from industry, CASA has amended this directive to exclude certain models (737-600/-700/-800) and modified doors from the scope of compliance. The AD imposes specific obligations on the operators and owners of Boeing 737 aircraft registered in Australia. They must ensure that all applicable escape slide release cables are inspected for fraying or breakage, as mandated by the AD. The amendment, AD/B737/42 Amdt 1, excludes certain aircraft models and modified doors from these inspection requirements, thereby adjusting the scope of compliance based on industry feedback. Operators and owners must also maintain records of these inspections and any modifications made in accordance with Boeing Service Bulletin 737-25A1270 to demonstrate compliance with the AD. Failure to comply with the requirements of an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to enforcement actions by CASA, including fines and potential grounding of the aircraft. The specific penalties for non-compliance are not detailed in the explanatory statement but are typically severe to ensure adherence to safety standards. CASA has the authority to take these actions to enforce compliance and uphold the safety standards mandated by the AD.

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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.