Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/BEECH 300/ Amdt 3 — Wing Attach Fittings, Bolts and Nuts
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 an airworthiness directive (AD) for a kind of aircraft or aeronautical product. 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 International Civil Aviation Organization 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.
This AD repeals and replaces the previous AD on this subject. It is issued to clarify the version of the Beechcraft Structural Inspection and Repair Manual to be complied with. The version to be complied with is the version of the manual in force at the time the AD is made by Beechcraft. The Manual may be obtained directly from Beechcraft via its website.
Consultation
This AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying the version of the Beechcraft Structural Inspection and Repair Manual to be complied with, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument 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.
The instrument commences on 14 December 2016.
[Instrument number AD/BEECH 300/8 Amdt 3]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/BEECH 300/8 Amdt 3 – Wing Attach Fittings, Bolts and Nuts
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
CASA issued AD/BEECH 300/8 Amdt 1 to correct an unsafe situation on Beechcraft 300 series aircraft in 2003. The State of Design for this type, The United States of America, has not yet taken action to correct this unsafe condition. As there are several examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has repealed and replaced AD/BEECH 300/8 Amdt 1 to extend the life limit for outboard (upper forward, upper and lower aft) wing bolts and nuts from 15 years or 15000 hours component time in service to 20 years or 20000 hours component time in service in accordance with the aircraft manufacturer’s documentation.
CASA issued AD/BEECH 300/8 Amdt 2 to amend the life limits for parts detailed in Requirement paragraph 2 of the AD to correspond with life limits contained in the aircraft manufacturer’s documentation.
This AD is being made to only clarify the version of the Beechcraft Structural Inspection and Repair Manual to be complied with.
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