AD/B747/343 Amdt 2 - Stretched Upper Deck Frame and Tension Tie

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legislative framework governing civil aviation safety and operations within Australia. It empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft and aeronautical products. These ADs serve as legislative instruments, subject to disallowance, and are integral to maintaining the continuing airworthiness of aircraft as stipulated by the Convention on International Civil Aviation. The ADs address the need to ensure that aircraft remain airworthy by providing necessary safety measures and compliance requirements, fulfilling Australia's obligations under international aviation agreements. The issuance of ADs, such as AD/B747/343 Amendment 2, reflects the continuous efforts to adapt and respond to safety directives issued by the aircraft's State of Design, in this case, the United States, thereby ensuring the safety and compliance of aircraft registered in Australia.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives apply to all aircraft and aeronautical products registered in Australia, ensuring that they meet continuing airworthiness standards. The ADs are applicable to both entities and individuals involved in the operation and maintenance of these aircraft, with a primary focus on the safety of air navigation. The regulations extend to the entire Commonwealth of Australia, aligning with the international standards set by the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must act on information from the State of Design to issue corresponding ADs that mandate compliance with the specified safety requirements. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, and they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. An AD is a legislative instrument that falls under the category of disallowable instruments, as stipulated in section 46A of the Acts Interpretation Act 1901. Furthermore, according to section 6 of the Legislative Instruments Act 2003, an AD is a formal legislative instrument. This process is crucial in maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country responsible for the design of a specific type of aircraft, holds the overall responsibility for ensuring the continuing airworthiness of that aircraft type. This responsibility includes providing any necessary information to the appropriate States of Registry to maintain the airworthiness of the aircraft. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. In accordance with 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 for a type of aircraft registered in Australia, 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. An example of this process is the US Federal Aviation Administration (FAA) issuing AD 2007-23-18 in 2007, which affected Boeing B747 series aircraft. As the USA is the State of Design for this type of aircraft, CASA amended the equivalent Australian AD to allow for an alternate means of compliance. The amended AD, AD/B747/343 Amendment 2, will become effective on 12 February 2009 and will replace the previous issue. Since this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD in question was made by the acting Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The AD process highlights the importance of international cooperation in ensuring the safety of air navigation and the continuing airworthiness of aircraft worldwide. By working together, States of Design and States of Registry can maintain the safety standards necessary to protect passengers, crew, and the general public.