Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/CESSNA 400/120 - Fitting - Wing Attach - Lower Forward Carry Through Spar (L+R)
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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 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 has issued AD/CESSNA 400/120 to correct an unsafe situation on Cessna 400 series aircraft. This Airworthiness Directive is issued after a Cessna 402C aircraft was found to have an approximately 4 inch crack extending from the inboard end of a non-original equipment manufacturer fitting. The State of Design for Cessna 400series aircraft, the United States of America, has not taken action to correct this unsafe condition as the part in question was approved and manufactured under an Australian Parts Manufacture Approval. AD/CESSNA 400/120 requires an initial and repetitive visual inspections of J&R Aerospace manufactured wing fittings. As there are many examples of the aircraft type on the Australian register, CASA has developed an AD to detect and correct the problem on Australian aircraft.
Cessna technical documents referenced in the AD, including Service Kit SK421-152, Cessna Illustrated Parts Catalogue (IPC) and Cessna 401/402 Supplemental Inspection Document (SID) 57-10-27, are available from Textron Aviation however, any Australian airline or operator which operates the Cessna 400 series aircraft are provided with these documents by Textron Aviation by subscription.
Consultation
CASA has consulted with the Australian aviation industry and the general public via CASA Proposed Airworthiness Directive PAD/CESSNA 400/120 which was open for public comment from 14 June 2017 through 14 July 2017.
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 AD 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 31 August 2017.
[Instrument number AD/CESSNA 400/120]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/CESSNA 400/120 - Fitting - Wing Attach - Lower Forward Carry Through Spar (L+R)
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 legislative instrument is an airworthiness directive (AD). AD/CESSNA 400/120 is issued to correct an unsafe situation on Cessna 400 series aircraft. This Airworthiness Directive is issued after a Cessna 402C aircraft was found to have an approximately 4 inch crack extending from the inboard end of a non-original equipment manufacturer fitting. The State of Design for Cessna 400series aircraft, the United States of America, has not taken action to correct this unsafe condition as the part in question was approved and manufactured under an Australian Parts Manufacture Approval. AD/CESSNA 400/120 requires an initial and repetitive visual inspections of J&R Aerospace manufactured wing fittings. As there are many examples of the aircraft type on the Australian register, CASA has developed an AD to detect and correct the problem on Australian 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