AMC-ELA No 1 to 21.A.263 Privileges and AMC-ELA No 1 to 21.A.265(h) Obligations of the holder    

CAA ORS9 Decision No. 40

(a) The privilege to classify minor/major changes and repairs is granted in accordance with 21.A.263(c)(1) on the basis of the application of the method defined in response to AMC-ELA No 2 to 21.A.239(a).

The defined method should cover the following points:

— the identification of changes to a type design or repairs, including the applicable requirements as per the type certification data sheet (TCDS);

— the classification of changes as major if additional work is required to demonstrate compliance with the applicable requirements;

— the classification of changes as minor if no additional work is required to demonstrate compliance with the applicable requirements;

— the recording of the classification, and documented justification of the classification, for those cases that are not straightforward;

— approval of the classification by the authorised signatories.

It is acceptable to use the same classification process for repairs as for changes. Nevertheless, GM 21.A.435(a) should be taken into consideration when classifying repairs.

(b) The privilege to approve minor changes and minor repairs is granted together with the privilege of classification, on the basis of the application of the method defined in response to AMC-ELA No 2 to 21.A.239(a).

The defined method should cover the following points:

— the identification of whether additional work is required to demonstrate compliance with the applicable requirements;

— determination of the required compliance documentation and the verification by following the same workflow as the one applied for the initial design and certification;

— approving the repair under the DOA privileges by using a formalised approach. This may be, for example, defined by an adequately structured form that provides:

— adequate identification of the change;

— the identification of the applicable requirements;

— reference to compliance documents;

— the identification of the  effects  on  limitations  and  approved  documentation  (if any);

— evidence that independent checking has been conducted;

— the date and evidence of the approval given by the relevant nominated staff.

— identification of the authorised signatories for the approval of minor changes and minor repairs;

— a statement that the design of minor changes/repairs is conducted using the same provisions as those defined for the design work during the initial design and certification.

It is acceptable to use the same approval process for minor repairs as the one used for minor changes.

(c) Instructions required by the certification specifications, such as the maintenance manual, the MMEL, etc., are usually prepared within the type investigation process to comply with the certification requirements. These documents are covered by the type investigation process. The generation and publication of information or instructions related to continued airworthiness, including updates to the above-mentioned ICA and MMEL and to any related design activity, are handled according to the same principles as any type design, change design or repair design activity/documentation if no separate method/process as per GM 21.A.265(h) is defined. The DOH should state how documents under this obligation are issued and distributed to the aircraft owner and to other interested parties. Using the change/repair process would be the simplest way for small companies to do this.

(d) The approval of minor revisions to the AFM and its supplements should contain the following statement: ‘Revision No [YY] to AFM (or supplement) ref. [ZZ] is approved under the authority of DOA ref. UK. 21J. [XXXX].’. Such a change is treated as a change to the type certificate, as the AFM is formally a part of the type certificate, and it is consequently classified on the basis of the application of the method defined in response to AMC-ELA No 2 to 21.A.239(a), and identified as being related to a ‘minor’ design change. Administrative revisions to the AFM are also expected to be classified as ‘minor’. The following revisions to the AFM are defined as minor revisions:

1. editorial revisions or corrections to the AFM;

2. changes to parts of the AFM that are not required to be approved by the CAA;

3. changes to limitations or procedures that are achieved without altering or exceeding the certification data;

4. conversions of units of measurement that were previously approved by the FAA or by the CAA, and that are added to the AFM in a previously approved manner;

5. the addition of aircraft serial numbers to an existing AFM if the aircraft configuration, as related to the AFM, is identical to the configuration of the aircraft already in that AFM;

6. the removal of references to aircraft serial numbers that are no longer applicable to that AFM;

7. the translation of an the CAA-approved AFM into the language of the State of Design or the State of Registration;

8. AFM revisions as part of minor changes to a type design.

(e) In order to be granted a privilege to approve flight conditions (FC) and to issue PtFs, the design organisation should have in place an adequate FTOM in accordance with AMC-ELA No 2 to

21.A.243 that is limited to the products designed and produced by the company, and over which the company has full configuration control. Authorised signatories shall be defined within the FTOM, or its equivalent.

In such a case, the FTOM (or another document) should contain a defined method that addresses the following points if the (FC) are approved under the DOA privileges:

— FC that must be complied with to safely perform a flight must be determined in accordance with point 21.A.708;

— management of the aircraft configuration, including the handling of changes to the aircraft configuration operated under a PtF;

— the documentation of substantiations of flight conditions;

— approval under the privilege using CAA Form 18A defined in AMC 21.A.263(c)(6), and the definition of the authorised signatories.

For a PtF that is issued under the privilege, a method should be defined that addresses the following points:

— how conformity with the approved conditions is established, documented and attested;

— the issue of the PtF under the DOA privilege (form), and the authorised signatories;

— the interface with the local authority for the flight.

Further guidance is provided in AMC 21.A.263(c)(6) and (c)(7), as well as in the GM and AMC related to Subpart P.