AD/BEECH 35/67 Amdt 2 Wing Bolt, Nut and Fitting

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

Legislation au F2021L00437 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BEECH 35/67 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 35/67 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 35 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 35/67 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 35/67 Amdt 2 to remove reference to 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 35/67 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 35-590096 Revision B22 or 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 are not freely available, but are proprietary, copyright, fee-for-service documents, 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 35/67 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 35/67 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 35/67 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 35/67 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 35 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 35/67 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 35/67 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 35/67 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

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to provide a regulatory framework for ensuring the safety of civil aviation in Australia. This regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety issues related to aircraft and aeronautical products. AD/BEECH 35/67 Amdt 2 was introduced to address an unsafe condition concerning wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 35 series aircraft. The United States of America Federal Aviation Administration, as the State of Design, had not yet taken action to rectify this condition. CASA originally issued AD/BEECH 35/67 in 1996 and AD/BEECH 35/67 Amdt 1 in 2002 to enhance the inspection requirements. However, CASA found that an alternate means of compliance (AMOC) previously approved did not provide the same level of crack detection as required by the manufacturer’s instructions. Consequently, AD/BEECH 35/67 Amdt 2 was issued to remove the AMOC and retain the original inspection requirements, while also adjusting compliance times to minimise disruption for aircraft operators who did not use the AMOC. This legislative instrument aims to ensure the continuing airworthiness of the affected aircraft by enforcing stricter inspection protocols.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (AD/BEECH 35/67 Amdt 2) pertains specifically to Textron Aviation (formerly Beechcraft) 35 series aircraft operating within Australian airspace. This amendment is an airworthiness directive issued by the Civil Aviation Safety Authority (CASA) to address an unsafe condition related to wing bolt nuts and fittings on these aircraft. The directive applies to all aircraft operators and maintenance personnel who are responsible for the ongoing airworthiness of Textron Aviation 35 series aircraft in Australia. By virtue of its issuance under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the directive has the force of law, and its provisions must be adhered to by all affected parties. The amendment removes an alternative means of compliance (AMOC) previously approved by CASA, mandating instead that inspections must be conducted in accordance with the aircraft manufacturer’s instructions. This legislative instrument does not incorporate any exclusions, exemptions, or thresholds but amends compliance timelines to mitigate the impact on aircraft operators who did not previously use the AMOC. The directive's scope is limited to the specified aircraft type and geographic jurisdiction of Australia, ensuring that all Textron Aviation 35 series aircraft within the country meet the necessary safety standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Act 1988 (the Act) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft types, specifically the Textron Aviation (formerly Beechcraft) 35 series aircraft in this case. Under section 39.001 of the CASR, CASA can issue an AD for a kind of aircraft or aeronautical product, with such directives being legislative instruments unless they apply to a particular person, aircraft, or aeronautical product (subsection 98(5B) and (5BA) of the Act). Section 98(5D) of the Act allows the incorporation of technical documents into the ADs, which in this instance includes the Beechcraft Shop Manual 35-590096 Revision B22 or the Beechcraft Maintenance Manual 36-590001-9 Revision C11. These documents, while proprietary and requiring a subscription, are made available by CASA to affected aircraft operators and interested parties upon request. The obligations imposed by AD/BEECH 35/67 Amdt 2 primarily focus on ensuring the safety of Textron Aviation (formerly Beechcraft) 35 series aircraft by mandating strict compliance with the aircraft manufacturer’s inspection requirements for wing bolt nuts and fittings. Aircraft operators must refrain from using the alternate means of compliance (AMOC) previously approved by CASA, as it was found to be inadequate in detecting cracks. Instead, they must adhere to the manufacturer’s inspection procedures. Furthermore, the AD outlines specific compliance times to mitigate the impact on aircraft operators who did not previously use the AMOC, ensuring that safety measures are implemented without causing undue operational disruptions. In terms of consequences for non-compliance, AD/BEECH 35/67 Amdt 2 stipulates that any failure to adhere to the airworthiness directive's requirements can result in significant civil and criminal penalties. Non-compliance with an AD is considered an offence under the Civil Aviation Act 1988, and CASA has the authority to enforce compliance through various means, including fines and other regulatory actions. The exact penalties for non-compliance are not explicitly stated in the provided document, but generally, such violations can attract substantial financial penalties and potential criminal charges, depending on the severity and impact of the non-compliance on aviation safety.

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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.