Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/BEECH 33/41 Amdt 2 — Wing Bolt, Nut and Fitting
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (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.
Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
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.
CASA issued AD/BEECH 33/41 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 33 and 35-33 series aircraft in 1996. The State of Design for these types, the United States of America Federal Aviation Administration (FAA), has not yet taken action to correct this unsafe condition. CASA subsequently issued AD/BEECH 33/41 Amdt 1 in 2002 to add an explanatory note to the Requirement section and add additional fittings to the parts requiring inspection. Following a CASA review of the AD, it has been determined that an alternate means of compliance (AMOC) previously approved by CASA does not provide the same level of detection of cracks in the wing attachment bolts and nuts as the inspection requirements issued by the aircraft manufacturer. Consequently, CASA has issued AD/BEECH 33/41 Amdt 2 to not make provision for the use of the AMOC and retain the existing requirement for inspections to be carried out in accordance with the aircraft manufacturer’s instructions. AD/BEECH 33/41 Amdt 2 does not change the requirements of the previous airworthiness directive but has amended the compliance times to minimise the impact on aircraft that did not use the AMOC. This AD repeals and replaces the previous AD on this subject.
Documents Incorporated by Reference
Beechcraft Shop Manual 33-590011-1 Revision C17 and Beechcraft Maintenance Manual 36-590001-9 Revision C11, are incorporated by reference in the AD. For subsection 98 (5D) of the Act, the technical documents are incorporated as they exist on the date of commencement of this AD.
The technical documents incorporated into this AD, which are not freely available, are proprietary, copyright, fee-for-service document, prepared on a commercial basis. They can be purchased from the aircraft or component manufacturer by subscription.
As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical documents available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.
Consultation
CASA consulted with the public via publication of proposed AD PAD/BEECH 33/41 Amdt 2 which was open for comments for an eight week consultation period.
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 (OBPR id. 14507).
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 and subsection 94 (1) of the Act.
The instrument commences on 10 May 2021.
[Instrument number AD/BEECH 33/41 Amdt 2]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/BEECH 33/41 Amdt 2 – Wing Bolt, Nut and Fitting
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 33/41 Amdt 2 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 33 and 35-33 aircraft in 1996. The State of Design for this/these types, the United States of America Federal Aviation Administration (FAA), has not yet taken action to correct this unsafe condition. CASA subsequently issued AD/BEECH 33/41 Amdt 1 in 2002 to add an explanatory note to the Requirement section and add additional fittings to the parts requiring inspection. Following a CASA review of the AD, it has been determined that an alternate means of compliance (AMOC) previously approved does not provide the same level of detection of cracks in the wing attachment bolts and nuts as the inspection requirements issued by the aircraft manufacturer. Consequently, CASA has issued AD/BEECH 33/41 Amdt 2 to prohibit the use of the AMOC and retain the existing requirement for inspections to be carried out in accordance with the aircraft manufacturer's instructions. AD/BEECH 33/41 Amdt 2 does not change the requirements of the previous airworthiness directive but has amended the compliance times to minimise the impact on aircraft that did not use the AMOC.
The primary purpose of this legislative instrument is to prohibit the use of an alternative means of compliance that was found not to have the same level of crack detection as required by the airworthiness directive.
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