CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 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 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 FAA has issued AD 2008-22-11 affecting aircraft listed in Schedule 1 of this explanatory statement. The United States of America is the State of Design for products fitted under various supplementary type certificates. CASA has assessed this AD and has issued Australian ADs as listed Schedule 1 of this explanatory statement, which will become effective on 15 January 2009.
As these ADs are issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
These ADs has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
Aircraft | FAA STC | Australian AD |
Boeing Model 727 series aeroplanes | SA62NE, SA392NE, SA530NE | AD/B727/216 |
Boeing Model 727-100 series aeroplanes | SA62NE, SA387NE, SA392NE, SA530NE, ST00466NY | |
Boeing Model 727-200 series aeroplanes | SA84NE, SA387NE, SA450NE, SA496NE | |
Boeing Model 737-200 series aeroplanes | SA83NE, SA725NE (unless installed with SA725NE-D, Configuration 7), SA1078NE, SA1265EA | AD/B737/350 |
Boeing Model 737-200C series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7) | |
Boeing Model 737-300 series aeroplanes | SA500NE, SA542NE, SA553NE, SA714NE, SA725NE (unless installed with SA725NE-D, Configuration 7) | |
Boeing Model 737-400 series aeroplanes | SA553NE, SA725NE (unless installed with SA725NE-D, Configuration 7) | |
Boeing Model 737-500 series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7), ST00040NY, ST01337NY | |
Boeing Model 737-700 series aeroplanes (increased gross weight) | ST00936NY-D (unless installed with Configuration 3), ST01650NY-D | |
Boeing Model 737-800 series aeroplanes | ST01384NY, ST01384NY-D | |
Boeing 767-200 series aeroplanes | STC ST00840NY | AD/B767/249 |
Bombardier CL-600-2B19 (Regional Jet Series 100 and 440) | STC ST00365NY, ST00365NY-D (unless installed with Configuration 5). | AD/CL-600/106 |