AMC No 1 to 21.A.263(c)(5), (8) and (9) Scope and criteria

CAA ORS9 Decision No. 1

1. Definition of ‘certain major repairs’

‘Certain major repairs’ for which privileges may be granted as per point 21.A.263(c)(5) are:

(a) major repairs to products or auxiliary power units (APUs) for which the design organisation approval (DOA) holder holds the type certificate (TC) or the supplemental type certificate (STC) or the UK technical standard order authorisation (UKTSOA); or

(b) major repairs to products or APUs for which the DOA holder does not hold the TC or the STC or UKTSOA and that meet the criteria of 3(a), (b) and (c) below.

1.1 Criteria for limitations on eligibility

A CAA approval may be required in cases of major repairs proposed by DOA holders who are the TC, STC or APU UKTSOA holders if the major repair is:

(a) related to a new interpretation of any item of the certification basis as used for the type certification (such as the certification specifications (CSs), certification review items (CRIs) for special conditions, equivalent safety findings, deviations or ‘elect to comply’); and

(b) related to the application of a CS that is different from the one used for type certification. Note: This should be established at the time of granting the privilege to the DOA holder, or later through a CAA-agreed procedure.

2. Definition of ‘certain major changes’ and ‘certain supplemental type certificates’

‘Certain major changes’ and ‘certain supplemental type certificates’ for which privileges may be granted as per point 21.A.263(c)(8) and (9) are changes similar to those that have been previously approved by the CAA for the same DOA holder.

The similarity of the changes is to be seen in terms of the design, the installation, and the operational characteristics, whereas their repetitiveness is seen in terms of the applicable requirements and the compliance demonstration.

In this context, a ‘requirement’ means any element of the type-certification basis as specified in point 21.B.80, or the operational suitability data (OSD) certification basis as specified in point 21.B.82, or the environmental protection requirements as specified in point 21.B.85.

2.1 Criteria for limitations on eligibility

The following types of changes are not eligible:

(a) changes that require a revision to a type certificate data sheet (TCDS) (e.g. the introduction of a derivative model or variant) or a type certificate data sheet for noise (TCDSN);

(b) changes that require an amendment to the existing certification basis by a special condition, equivalent safety finding, deviation or ‘elect to comply’;

(d) changes that are intended to be used as alternative method of compliance (AMOC) to an airworthiness directive (AD);

(e) changes that are made mandatory by an AD or that are the terminating action of an AD;

(f) changes that are classified as ‘significant’ in accordance with point 21.A.101;

(g) changes for which, in the affected area and for the operations for which the design is to be certified, more conservative certification requirements are applicable which were not used in the description of the CAA-approved procedure of the DOA holder, e.g. in the case of a type, model or modification with a later, more stringent certification basis;

(h) changes that affect the noise and/or emissions characteristics of the changed product, unless otherwise agreed with the CAA;

(i) changes that affect a part or system, a single failure of which may have a catastrophic effect upon the product, and for which critical characteristics have been identified, which should be controlled to ensure the required level of integrity;

(j) changes to engines or propellers, a single failure of which may have a hazardous effect upon the product, and for which critical characteristics have been identified, which should be controlled to ensure the required level of integrity; and

(k) changes for which a non-compliance has been found in the referenced change during the continued-airworthiness process.

3. Criteria for major repairs, major changes and STCs for which the privileges of point 21.A.263(c)(5), (8) and (9) may be granted

The following criteria need to be met:

(a) Similarity

The installation on the product, the design, the operation, and the equipment qualification are basically the same as in projects for which the CAA has already been involved and issued an approval for the same DOA holder.

(b) Repetitiveness of the certification process

The whole certification process is repetitive, i.e. identical to, or part of, an already approved referenced process. For a change or repair that is a part of the referenced ‘certain major repairs’, ‘certain major changes’ or ‘certain supplemental type certificates’, the certification process is still identical to the one for the affected change. This is the case when each compliance demonstration is performed to the same extent in accordance with the same requirements, GM, and content of the interpretative material, as well as with the same means and method of compliance (not only the same means-of- compliance (MoC) code).

Note: In this AMC, a ‘requirement’ means any element of the type-certification basis as specified in point 21.B.80, or OSD certification basis as specified in point 21.B.82, or an environmental protection requirement as specified in point 21.B.85.

The CAA should have classified as ‘medium’ or ‘high’ the level of performance of the organisation during at least the latest project referenced, to demonstrate ‘similarity’ and ‘repetitiveness’.

In addition, the CAA should have classified as ‘low’ or ‘very low’ the likelihood of an unidentified non-compliance for all the included compliance demonstration items (CDIs) identified in at least the latest project referenced, to demonstrate ‘similarity’ and ‘repetitiveness’ (applying the criteria for the determination of the CAA’s level of involvement (LoI) in product certification, see AMC 21.B.100(a) and 21.A.15(b)(6)).

The process to obtain and to use the privileges of point 21.A.263(c)(5), (8) and (9) is described in AMC No 2 to 21.A.263(c)(5), (8) and (9).