AIRWORTHINESS DIRECTIVE
On the effective date specified below, and for the reasons set out in the background section, the CASA delegate whose signature appears below revokes Airworthiness Directive (AD) AD/GENERAL/76 Amdt 1 and issues the following AD under subregulation 39.1 (1) of CASR 1998. The AD requires that the action set out in the requirement section (being action that the delegate considers necessary to correct the unsafe condition) be taken in relation to the aircraft or aeronautical product mentioned in the applicability section: (a) in the circumstances mentioned in the requirement section; and (b) in accordance with the instructions set out in the requirement section; and (c) at the time mentioned in the compliance section.
Aircraft - General
AD/GENERAL/76
Amdt 2
Class D Cargo Compartments Re-classification
12/2004
DM
Applicability: All aeroplanes used in commercial operations under CAR(1988) 206 (1) c, above 5700 kgs (12,500lbs) maximum take off weight (type certificated after 1 Jan 1958), and a Certificate of Airworthiness in the Transport category, with class D category cargo compartments (as defined by 14 CFR Part 25.857 at Amdt 25-60).
Requirement: 1. All applicable aeroplane class D cargo compartments are to be upgraded to meet either:
- Class C cargo compartment design standards for passenger carrying operations,
Or
b. Class E cargo compartment design standards for freight operations.
In meeting this requirement, operators are to ensure that the modifications do not affect detrimentally the operational capability of the aeroplane in terms of extended range operations. The design standard of 14 CFR Part 25.858 is the design standard to be met by modifications incorporated under this directive.
Operating standard CFR 121.314 is to be followed until a harmonised Australian operating standard is issued.
2. Until such time as all Class D compartments in the aeroplane have been converted or retrofitted with appropriate detection and suppression systems, each certificate of registration holder must submit progress reports, detailing the estimated date of compliance with Requirement 1 of this Directive, to CASA, Section Head, Systems on FAX 02 6217 1914.
Note: FAA Final Rule Docket No 28937, Amdt 25-93 and 121-269 on changes to CFR Parts 25 and 121 refers.
Compliance: For Requirement 1: Unless previously accomplished, not later than 31 January 2005.
For Requirement 2: At intervals not to exceed one month from the effective date of this Directive until such time that the aeroplanes have been modified in accordance with Requirement 1 of this Directive.
Aircraft - General
AD/GENERAL/76 Amdt 2 (continued)
This Amendment becomes effective on 6 October 2004.
Background: Investigations into several catastrophic cargo compartment fires in the United States has concluded that class D cargo compartments were contributory to the loss of aeroplanes as there was no system to detect the fire until the cargo compartment had been breached by the fire. This directive retrospectively introduces the new design requirements to upgrade class D cargo compartments on applicable aeroplanes.
This amendment amends the compliance date in response to delays in obtaining parts to carry out the upgrades required by this Directive. This amendment now also includes an additional requirement to report the status of aeroplanes that are not in compliance with Requirement 1 of this Directive to CASA.
Amendment 1 of this Directive became effective on 8 August 2002.
James Coyne
Delegate of the Civil Aviation Safety Authority 29 September 2004
The above AD is notified in the Commonwealth of Australia Gazette on 6 October 2004.
Overview
The Airworthiness Directive (AD) AD/GENERAL/76 Amdt 2, issued on 6 October 2004, addresses the safety concern of catastrophic cargo compartment fires on aeroplanes used in commercial operations, particularly those weighing over 5700 kgs and certificated after 1 January 1958. The directive was introduced by the Civil Aviation Safety Authority (CASA) to address a gap identified through investigations into several incidents in the United States, where class D cargo compartments contributed to aeroplane losses due to the absence of fire detection systems. The primary policy objective is to enhance the safety of commercial aeroplanes by mandating the upgrading of class D cargo compartments to either Class C or Class E design standards, ensuring that fire detection and suppression systems are incorporated. This amendment also includes a requirement for operators to report progress on compliance to CASA, reflecting a commitment to transparency and safety oversight.
Scope and Application
The Airworthiness Directive AD/GENERAL/76 Amdt 2, issued by the Civil Aviation Safety Authority (CASA) delegate, applies to all aeroplanes used in commercial operations that exceed 5,700 kg (12,500 lbs) in maximum take-off weight and have a Certificate of Airworthiness in the Transport category. These aeroplanes must have been type certificated after 1 January 1958 and possess class D category cargo compartments as defined by 14 CFR Part 25.857 at Amendment 25-60. The directive mandates that these aeroplanes' class D cargo compartments be upgraded to either Class C cargo compartment design standards for passenger carrying operations or Class E cargo compartment design standards for freight operations. The modifications must adhere to the design standards outlined in 14 CFR Part 25.858 and must not adversely affect the aeroplane's operational capability, particularly concerning extended range operations. Until an Australian harmonised operating standard is issued, operating standard CFR 121.314 must be followed. Additionally, operators must submit progress reports to CASA detailing the estimated date of compliance with the directive’s requirements. The directive became effective on 6 October 2004, with an amended compliance date for Requirement 1, providing operators with additional time to complete the necessary upgrades. The directive is applicable throughout the Commonwealth of Australia and extends its regulatory oversight to ensure the safety and airworthiness of commercial aeroplanes meeting the specified criteria.
Key Provisions
The main sections of the Airworthiness Directive (AD) AD/GENERAL/76 Amdt 2 provide clear instructions for upgrading class D cargo compartments in aeroplanes used in commercial operations. Section (a) outlines the applicability of the directive, which includes aeroplanes above 5,700 kilograms (12,500 pounds) maximum take-off weight, type certificated after 1 January 1958, and possessing a Transport category Certificate of Airworthiness. Section (b) sets the requirement that all applicable aeroplanes must upgrade their class D cargo compartments to either Class C or Class E design standards, ensuring the modifications do not negatively impact operational capabilities. Section (c) mandates that operators submit progress reports to the Civil Aviation Safety Authority (CASA) until compliance is achieved. The compliance section specifies that upgrades must be completed by 31 January 2005, with progress reports to be submitted monthly until full compliance is achieved.
This directive imposes several obligations on the parties it governs. Firstly, operators must ensure that all applicable aeroplanes undergo the necessary upgrades to their class D cargo compartments within the stipulated timeframe. These upgrades must adhere to the design standards outlined in 14 CFR Part 25.858. Secondly, operators are required to submit detailed progress reports to CASA, Section Head, Systems, on a monthly basis until full compliance is reached. These reports should detail the estimated date of compliance with the directive's requirements. Additionally, operators must ensure that the operational capabilities of their aeroplanes are not detrimentally affected by the required modifications.
Breaches of this directive may result in significant consequences. While the specific penalties are not detailed within the directive, non-compliance with airworthiness directives in Australia generally can result in enforcement actions by CASA. These actions may include fines, suspension or revocation of airworthiness certificates, and potential criminal charges for serious non-compliance. The severity of the penalties will depend on the nature and extent of the breach, but they are designed to ensure that all commercial aeroplanes meet the required safety standards to prevent catastrophic events such as cargo compartment fires.