AD/BEECH 35/67 Amdt 4 Wing Bolt, Nut and Fitting

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

Legislation au F2022L00969 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BEECH 35/67 Amdt 4 - 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 and AD/BEECH 35/67 Amdt 2 in 2021 to not make provision for the use of an AMOC and retain the existing requirement for inspections to be carried out in accordance with the aircraft manufacturer’s instructions. CASA then issued AD/BEECH 35/67 Amdt 3 extend the compliance time for Requirement 1 of the AD by two months while industry was consulted and a proposed airworthiness directive process was conducted for AD/BEECH 35/67 Amdt 4. AD/BEECH 35/67 Amdt 4 is issued to allow for aircraft used in private operations to be visually inspected for corrosion in the exposed areas of the wing attach bolts and wing fitting recess with the inspection interval increased from 5 to 10 years, in lieu of using the manufacturer’s maintenance instructions which require removal and inspection of the applicable parts. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Under subsection 14 (2) of the Legislation Act 2003 (the LA), unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Subsection 98 (5D) of the Act provides that, despite section 14 of the LA, 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.

Beechcraft Shop Manual 35-590096B Revision B22 and Beechcraft Maintenance Manual 36-590001-9C 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

Industry consultation was conducted via Proposed Airworthiness Directive PAD/BEECH 35/67 Amdt 4 which was published on the CASA website on 4 May 2022, distributed to affected operators and open for comments for a period of two weeks.

Sector risk, economic and cost impact

Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The economic and cost impact of the instrument has been determined by:

(a) the identification of individuals and businesses affected by the instrument;

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements;

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government.

CASA has assessed that the economic and cost impact of the instrument is not significant. The requirements of the instrument apply to holders of certificates of registration of relevant aircraft. The instrument will have no cost impact for some affected aircraft operators and will provide cost savings for other operators.

Impact on categories of operations

The instrument is likely to have a beneficial effect on operations conducted by the relevant aircraft because it extends the compliance period for some aircraft operators.

Impact on regional and remote communities

The instrument will not have a negative impact on regional and remote communities and may reduce the maintenance costs of individuals and businesses operating Textron (Beechcraft) aircraft in those communities.

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.

As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.

The instrument commences on 19 July 2022.

[Instrument number AD/BEECH 35/67 Amdt 4]


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 4 - 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

The Civil Aviation Safety Authority (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. 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 and AD/BEECH 35/67 Amdt 2 in 2021 to not make provision for the use of an AMOC and retain the existing requirement for inspections to be carried out in accordance with the aircraft manufacturer’s instructions. CASA then issued AD/BEECH 35/67 Amdt 3 extend the compliance time for Requirement 1 of the AD by two months while industry was consulted and a proposed airworthiness directive process was conducted for AD/BEECH 35/67 Amdt 4. As a result of a request from industry, CASA has repealed and replaced AD/BEECH 35/67 Amdt 3 to allow for aircraft used in private operations to be visually inspected for corrosion in the exposed areas of the wing attach bolts and wing fitting recess with the inspection interval increased from 5 to 10 years, in lieu of using the manufacturer’s maintenance instructions which require removal and inspection of the applicable parts.

The primary purpose of this legislative instrument is to provide less onerous inspection requirements for operators utilising their aircraft in private operations and to extend the inspection intervals for those aircraft.

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 for the regulation of civil aviation safety in Australia, ensuring compliance with the Convention on International Civil Aviation and other international standards. Under the authority of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives to address unsafe conditions in aircraft or aeronautical products. The CASR were introduced to address gaps in existing aviation safety regulations and to ensure that Australia meets its international obligations regarding aviation safety. The policy objective is to maintain a high standard of aviation safety through stringent regulatory oversight and continuous improvement of safety measures. This legislative framework allows CASA to respond promptly to emerging safety issues, as demonstrated by the issuance of AD/BEECH 35/67 and its subsequent amendments, which aim to correct specific safety concerns related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 35 series aircraft. The legislative instrument, AD/BEECH 35/67 Amdt 4, was introduced to provide operators of these aircraft with less onerous inspection requirements and to extend the inspection intervals for those operating in private operations, thereby balancing safety with operational practicality.

Scope and Application

The AD/BEECH 35/67 Amdt 4 pertains to the regulation of the civil aviation industry in Australia, specifically targeting the safety and airworthiness of Textron Aviation (formerly Beechcraft) 35 series aircraft. This legislative instrument is issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it applies to aircraft operators who hold a certificate of registration for the specified aircraft type. The scope of this regulation extends to ensuring compliance with international safety standards, particularly in addressing an unsafe condition related to wing bolt nuts and fittings. The AD/BEECH 35/67 Amdt 4 allows for a less onerous inspection regime for aircraft used in private operations by extending the inspection interval from five to ten years, instead of adhering to the manufacturer's maintenance instructions which require more frequent and detailed inspections. The instrument incorporates by reference certain technical documents, which are made available to affected operators and interested persons under specific conditions to respect their proprietary nature. The regulation is designed to be consistent with human rights and has been assessed to have minimal economic and cost impact, potentially reducing maintenance costs for operators in regional and remote communities. This legislative instrument does not require a Regulation Impact Statement and is deemed compatible with human rights as outlined in the Statement of Compatibility with Human Rights.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998, as amended by AD/BEECH 35/67 Amdt 4, pertain to the ongoing airworthiness requirements for Textron Aviation (formerly Beechcraft) 35 series aircraft. Specifically, the amendment introduces less onerous inspection requirements for aircraft used in private operations, extending the inspection interval for certain wing bolt nuts and fittings from 5 to 10 years. This is a visual inspection to check for corrosion in exposed areas, rather than the previous requirement to remove and inspect the parts. This change aims to ease the maintenance burden on operators of these aircraft in private operations. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to create regulations to implement provisions of the Convention on International Civil Aviation, particularly those concerning safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. The obligations imposed by the AD on the parties it governs include the requirement for holders of certificates of registration for Textron Aviation (formerly Beechcraft) 35 series aircraft to comply with the new inspection procedures. Operators must visually inspect the exposed areas of wing attach bolts and wing fitting recesses for corrosion at intervals not exceeding 10 years, instead of following the manufacturer's maintenance instructions which necessitate the removal and inspection of applicable parts. This change is intended to provide a less burdensome inspection regime for aircraft used in private operations. CASA has ensured that the technical documents, which are incorporated by reference, are made available for viewing in its offices to any affected operators or interested parties. Failure to comply with the requirements set out in AD/BEECH 35/67 Amdt 4 may result in the aircraft being considered unairworthy. This could lead to enforcement actions by CASA, potentially resulting in fines or other penalties. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for non-compliance with airworthiness directives. However, CASA can take enforcement action under these regulations, which may include administrative penalties, suspension, or revocation of airworthiness certificates. Such actions are aimed at ensuring that aircraft meet the necessary safety standards. Overall, AD/BEECH 35/67 Amdt 4 seeks to balance safety with operational practicality for operators of Textron Aviation (formerly Beechcraft) 35 series aircraft by providing an extended inspection interval and less onerous inspection requirements for private operations. Compliance with these provisions is crucial to maintaining the airworthiness of these aircraft.

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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.