1. Future Defence Aviation Safety Regulation
Module 2 - EMAR Part 21 – Aircraft Design, Certification and Production
Aug 2015

2. Module 2: EMAR Part 21 – Design, Certification, Production
Scope
Module 2: EMAR Part 21 – Design, Certification, Production
Overview of Part 21
Organisational approvals (Subparts G, F, J)
Expansion on other Subparts (A, B, D, E, H, K, M, O,P)
Key definitions
Airworthiness Instruments

3. EMAR Structure

4. EMAR Part 21 Overview Initial Airworthiness Key differences to TAREG
Design, Production and Certification
Airworthiness Instruments
Change to existing type design
Includes Aircraft and related products, parts and appliances
Key differences to TAREG
Contains all elements supporting initial airworthiness
Does not cover activities supporting continuing airworthiness (eg configuration item regulations)
EMAR 21: Continued Airworthiness - establishes the criteria for the certification of military aircraft and related products, parts and appliances, and design and production organisations, It details the requirements related to the initial airworthiness of Military aircraft. In particular it covers the certification of either a new type, or a change to an existing type, its design and related activities.

5. EMAR Part 21 Section A contents by Subpart
A – General provisions
B – Military Type-Certificates and Military Restricted Type-Certificates
C – (Not applicable)
D – Changes to Military Type-Certificates and Military Restricted Type-Certificates
E – Military Supplemental Type-Certificates
F – Production without Military Production Organisation Approval
G – Military Production Organisation Approval
H – Military Certificates of Airworthiness and Military Restricted Certificates of Airworthiness
I – Noise Certificates (to be added later if required)
J – Military Design Organisation Approval
K – Parts and Appliances
L – (Not applicable)
M – Repairs
N – (Not applicable)
O – European Military Technical Standard Order Authorisations
P – Permit to Fly
Q – Identification of Products, Parts and Appliances

6. EMAR Part 21 Section A contents by Subpart
A – General provisions
B – Military Type-Certificates and Military Restricted Type-Certificates
C – (Not applicable)
D – Changes to Military Type-Certificates and Military Restricted Type-Certificates
E – Military Supplemental Type-Certificates
F – Production without Military Production Organisation Approval
G – Military Production Organisation Approval
H – Military Certificates of Airworthiness and Military Restricted Certificates of Airworthiness
I – Noise Certificates (to be added later if required)
J – Military Design Organisation Approval
K – Parts and Appliances
L – (Not applicable)
M – Repairs
N – (Not applicable)
O – European Military Technical Standard Order Authorisations
P – Permit to Fly
Q – Identification of Products, Parts and Appliances

7. EMAR 21 - SUBPART G Organisational Approvals
Military Production Organisational Approval (MPOA)
Rules for showing compliance of products, parts, appliance with applicable design data through an approved organisation
Established and maintained quality system
Release artefacts
Complete aircraft: Statement of Conformity
Parts and appliances: Authorised Release Certificate
Production Organisation Exposition
No design privileges associated with this subpart
Key differences to TAREG
TAREG do not regulate production organisations

8. Part 21G Key Positions Key Positions Chief Executive
References:
EMAR 21.A.145(c)
GM 21A.145(c)(1)
GM 21A.145(c)(2)
Chief Executive
Provides necessary resources
Accountable Manager
Ensures production is performed to req standards
Responsible Manager
Responsible to cover all responsibilities in Subpart G
Reports to Accountable Manager
Quality Manager
the compliance assurance manager

9. EMAR 21 – SUBPART F Organisational Approvals
Production without military production organisation approval (MPOA)
Details procedure for demonstrating conformity with Subpart G without having gained the formal MPOA
Production Inspection System, not independent quality system
Valid for 12 months
E.g. producing/installing simple parts for a modification upgrade, for which production organisational approval considered too costly
Key differences to TAREG
TAREG do not regulate production organisations
Limited production regulations (3.5.19) – sustainment, design/modification context

10. EMAR 21 - SUBPART J Organisational Approvals
Military Design Organisation Approval (MDOA)
Procedure for approval
Design assurance system
Design Organisation Exposition
Ability to classify designs and repairs (major or minor)
Privileges (scope, e.g approval of minor changes to type design)
Obligations of the holder
Key differences to TAREG
EMAR do not contain prescriptive Design Control System elements (such as Judgement of Significance, levels of EA), nor Design Acceptance, Incorporation Approval (IA) or Service Release (SR).
Intent of these functions are addressed through distinct MTC holder responsibilities, clearer organisational and individual accountabilities and introduction of CAMO (IA and SR)
DGTA-ADF will run Compliance Assurance Program for all Military Design Orgs

11. Part 21J Key Positions Key Positions Chief Executive Head of Design
References:
GM No. 1 to 21A.243(d)
Chief Executive
Provides necessary resources
Head of Design
Responsible for all departments conducting design
Similar to SDE
Chief of the Office of Airworthiness
Responsible for coordinating airworthiness matters
Similar to ‘Certification Manager’ position in acq project office
Chief of the independent monitoring function of design assurance
Effectively the compliance assurance manager of 21J org

12. Part 21J Exposition Exposition
References:
- AMC No.1 to 21A.243(a)
- AMC No.2 to 21A.243(a)
Military Design Organisation Exposition (MDOE) requires:
Organisation
Scope of work
Products, or changes to products to be designed
List of types and models
Privileges
Scope of repair design (i.e. structures, systems, engines)
Design assurance system
Including assigned responsibilities
Management of changes to type design and design of repairs
Config control ; Classification ; Approval of minor changes to type design & minor repairs
Quality system
Control of subcontractors
Collecting/investigating of failures, malfunctions and defects
Co-ordination with production
Recording system
For type design, drawings
Documentation control

13. EMAR Part 21 Section A contents by Subpart
A – General provisions
B – Military Type-Certificates and Military Restricted Type-Certificates
C – (Not applicable)
D – Changes to Military Type-Certificates and Military Restricted Type-Certificates
E – Military Supplemental Type-Certificates
F – Production without Military Production Organisation Approval
G – Military Production Organisation Approval
H – Military Certificates of Airworthiness and Military Restricted Certificates of Airworthiness
I – Noise Certificates (to be added later if required)
J – Military Design Organisation Approval
K – Parts and Appliances
L – (Not applicable)
M – Repairs
N – (Not applicable)
O – European Military Technical Standard Order Authorisations
P – Permit to Fly
Q – Identification of Products, Parts and Appliances

14. EMAR 21 - SUBPART A Other Subparts General Provisions
Requirements to manage failures, malfunctions and defects
Airworthiness Directives
Coordination between design and production
Key differences to Defence airworthiness regs
EMAR (and the rest of the world) use ADs for the Authority to mandate actions to be performed to restore an aircraft to acceptable level of safety.
Defence use ADs to issues airworthiness policy or as an instrument to support flight operations
Airworthiness Directive used very differently in Defence compared to the rest of the global aviation community. Rest of the world uses Airworthiness Directives as meaning a document issued or adopted by the Authority which mandates actions to be performed on an aircraft to restore an acceptable level of safety. This is never the way it is used in Defence. AD have been used in Defence to issue airworthiness policy/ draft airworthiness regulations  (eg Crash Protection / Crash Data Recorder), airworthiness instrument supporting flight operations (eg AD supporting JSF).

15. EMAR 21 - SUBPART B & E Other Subparts
SUBPART B: Military type-certificates (MTCs) and military restricted type-certificates (MRTCs)
Procedure for issuing:
MTC for products (Aircraft, Engines, Propellers)
MRTC for aircraft
MRTC used to support military aviation operations prior to completion of all certification elements
Airworthiness codes (EMACC)
Type-cert basis
Certification Program Plan
MTC holder obligations
Instructions for continuing airworthiness

16. EMAR 21 – Military Type Certificate Holder
Other Subparts
EMAR 21 – Military Type Certificate Holder
MTCH Obligations:
System for collecting, investigating and analysing Failures, Malfunctions and Defects
Airworthiness Directives
Coordination between design and production
Record Keeping
Manuals
ICA
Demonstrate capability by holding Military Design Organisation Approval
Airworthiness Directives
- Propose the appropriate corrective action and/or required inspections and
submit details of these proposals to the Authority for approval;
Provide all required data and accomplishment instructions to all known operators
Coordination between design and production
- To ensure the proper support of the continued airworthiness of the product, part or
appliance.
Record Keeping
- Design information, drawings, test reports, inspection records
Manuals
Produce maintain and update master copies of all manuals required by type cert basis
ICA
- MTCH shall furnish at least one set of complete instructions for continuing airworthiness, comprising descriptive data and accomplishment instructions prepared in accordance with the applicable
type-certification basis, to each known operator
Reference:
EMAR 21.A.44

17. EMAR 21 - SUBPART B & E Other Subparts
SUBPART E: Supplemental Type Certificates
A major change to Type Design is proposed and :
Applicant is not the Military Type Certificate Holder
Key differences to TAREG
EMAR less prescriptive
EMAR require identification of a MTC Holder and regulate associated obligations for continuing validity of the Type Certificate
Defence does not contain an aw code – instead AAP ADRM

18. Other Subparts
EMAR 21 - SUBPART D
Changes to military type-certificates and military restricted type-certificates
Procedure for approval of changes to type designs and type-cert
Classification of changes
Major and minor changes (GM is comprehensive)
Airworthiness codes
Design Approval
Instructions for continuing airworthiness

19. EMAR 21 - SUBPART H Other Subparts
Military certificates of airworthiness and military restricted certificates of airworthiness
Procedure for issuing airworthiness certificates applicable to a MTC or a MRTC
Key differences to TAREG
Application of Defence airworthiness regs typically use Special Flight Permits prior to issuing AMTC/SR & Certificates of Airworthiness
Defence airworthiness regs do not allow issue of a certificate of airworthiness under SFP. Instead “draft” Certificate of Airworthiness often used to support DAR attestation to load aircraft on Defence State Register

20. Key differences to TAREG
Other Subparts
EMAR 21 - SUBPART K
Parts and Appliances
Describes approval and compliance of parts and appliances
Installation of parts on type-certified products
Standard Part vs Non standard Part
Key differences to TAREG
TAREG implicitly cover through substitution (3.5.7) and certification processes (design emphasis only). No TSO requirement in TAREG
Parts and Appliances
Describes approval and compliance of parts and appliances
- Parts must comply with the type-certification procedures of product in which it is to be installed, or
- Parts must comply with the EMTSO or
- The specifications recognised by Authority as equivalent
To install a part on a type-certified product they must:
- Have an authorised release certificate
- Be marked appropriately
Standard Part vs Non standard
Standard – Designated by the design approval holder responsible for the product, part or appliance in which the part is intended to be used.
- All design, manufacturing, inspection data should be in the public domain or part of recognised standards
Non standard – comply with EMTSO or appropriate requirement accepted by the Authority. E.g med-evac equip, non integrated communications or nav equipment

21. EMAR 21 - SUBPART M Other Subparts Repairs Key differences to TAREG
‘Repair’: elimination of damage and/or restoration to an airworthy condition. Excludes EMTSO.
Major or Minor
Approval of Repairs
Repair Embodiment
Unrepaired damage
Record keeping and ICA
Key differences to TAREG
EMAR treat repair design as a separate privilege (scope) to design. TAREG treat repair as a type of design, covered under ‘deviation’.
TAREG specify specific requirements for structural repairs. EMAR utilise classification of repair to determine rigour required.
‘Repair’ elimination of damage and/or restoration to an airworthy condition following initial release into service by the manufacturer of any product, part or appliance.
- Elimination of damage by replacement of parts or appliances without the necessity for design activity shall be considered as a maintenance task and shall therefore require no approval under this EMAR.
Approval of repairs
This is a privilege provided to the MDOA by the Authority, separate to design privileges.
A design organisation that is the MTC holder may approve ‘Major’ repair designs if included as a privilege under their DOA. AMC provides considerations.
Production of repair parts
– under 21F, an 21G organisation or an appropriately approved maintenance organisation
Repair Embodiment
- Repair carried out by an appropriately approved maintenance organisation or 21G organisation
Unrepaired damage
When left unrepaired and not covered by previously approved data only the Authority, MTCH, or STC holder.
When not the MTCH or STC holder the design organisation is to justify the information on which the decision is based is adequate or justify to the MTC, STC holder or manufacturer.

22. EMAR 21 - SUBPART O Organisational Approvals
Technical Standard Order (FAA)
A TSO is a minimum performance standard for specified materials, parts, and appliances used on civil aircraft.
A TSO Authorization is not an approval to install and use the article in the aircraft
European Military technical standard order authorisations (EMTSO)
Procedure for issuing EMTSO authorisations
TSO covers design and production approval
Declaration of Design and Performance (DDP) – akin to a TCDS
Key differences to TAREG
TAREG do not regulate in this area. Implicitly cover TSO / Military TSO through substitution (3.5.7) and certification processes (design emphasis only).

23. EMAR 21 - SUBPART P Other Subparts Military permit to fly
Procedure for issuing military permits to fly
Approving flight conditions, eg Flight Test, Exhibition, Ferry
Can be issued for aircraft that do not meet or have not been shown to meet applicable airworthiness requirements but are capable of safe flight.
Key differences to Defence airworthiness regs
No direct equivalent
Similarities to some uses of a Special Flight Permit, Airworthiness Directive, Flight Test Permit

24. Key Definitions Key Definitions Airworthiness Airworthiness Codes
Authority
Airworthiness Directive (AD)
Certificate of Release to Service
Certification
Continued (design) airworthiness
Continuing airworthiness
Derogation
Exposition
Fit for Flight
Military Type Certificate (MTC)
Military Restricted Type Certificate (MRTC)
Military Supplemental Type Certificate
Products, Parts and Appliances
Repair
Special Conditions
Type Certification Basis
Type Certificate Holder
Type Design
KEY DEFINITIONS
Source: EMAD 1 – Definitions and acronyms document Edn 1.1, 23 May 13
Airworthiness. The ability of an aircraft, or other airborne equipment or system, to operate in flight and on ground without significant hazard to aircrew, ground-crew, passengers (where relevant) or to other third parties.
Initial airworthiness
Airworthiness Codes. Product airworthiness requirements, applicable to the design of a product, that are approved by a competent airworthiness authority for the use with standardised aircraft categories (e.g. EASA CS, FAA FAR, STANAG, Def-STAN, etc.).
Authority. Unless otherwise defined in specific EMAR, Authority means a National Military Airworthiness Authority responsible for the airworthiness of military aircraft hereto and "the Authorities" means all the military Authorities responsible for airworthiness hereto.
Airworthiness Directive (AD). A document issued or adopted by the authority which mandates actions to be performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this aircraft may otherwise be compromised. (ref. EMAR 21)
Certificate of Release to Service. This is a statement, signed by an appropriately authorised person, on behalf of an approved organisation, which asserts that maintenance has been properly carried-out. The CRS contains the basic details of the maintenance carried out, the date that it was completed and the identity (may include an authorisation stamp) of the person issuing the certificate.
Certification. Recognition that a product, part or appliance, organisation or person complies with the applicable airworthiness requirements followed by the declaration of compliance.
Continued (design) airworthiness. All tasks to be carried-out to verify that the conditions under which a type-certificate or a supplemental type-certificate has been granted continue to be fulfilled at any time during its period of validity.
Continuing airworthiness. All of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation.
Derogation. Built in exemptions.
Exposition. Management plan. The document or documents that contain the material specifying the scope of work deemed to constitute approval and showing how the organisation complies with an EMAR.
Fit for Flight. Condition of a type design being certified as compliant with applicable airworthiness requirements as well as of an aircraft having been serviced and inspected as meeting the certified design and prepared for the intended flight.
Military Type Certificate (MTC). Recognition that a product complies with the applicable airworthiness requirements.
Military Supplemental Type Certificate. A document issued or endorsed by the Authority which certifies a major change to the type design by an organisation other than original design organisation.
Products, Parts and Appliances
Product = aircraft, engine or propeller (each can be granted with a TC),
Parts and appliances = lower level components for which an ETSO/TSO may exist.
Repair. A 'repair' means the elimination of damage and/or restoration to an airworthy condition following initial release into service by the manufacturer of any product, part or appliance.
Special Conditions. Are introduced when the design features of a particular product or the experience in operation render any of the airworthiness code provisions inadequate or inappropriate to ensure conformity with essential requirements.
Type Certificate Holder. The organisation responsible for the relevant Type Design and applying for, and then holding, the Type Certificate and accepting the rights and obligations for the product.
Type Certification Basis. An agreed set of airworthiness requirements a product must be compliant with in order to obtain a Type Certificate. For more details see EMAR 21.
Type Design. The minimum set of approved design information necessary to define the product type; as detailed in 21A.31.

25. Airworthiness Instruments
CURRENT INSTRUMENTS (MILAVREG 3) PROPOSED INSTRUMENTS (EASA)
Current
Instrument
Issued By
Issued To
AMTC
Defence AA
NIL
UASOP
DAA / OAA
SFP
STC
FTP
FTAA
Flight Test Organisation AD
Various SR
DASR
Instrument
Replaces
Issued By
Issued To
MTC
AMTC
Defence AA
Part 21 (MTC Holder)
Military Restricted Type Cert (MRTC)
SFP
UASOP
Defence AA[1]
STC
Permit to Fly (PTF)
FTP AD
Defence AA / FTAA
MAOC Holder / Flight Test Organisation
MAOC SR
MAOC Holder
AD[2]
Nil
DGTA
CAMO
1 Issue of an MRTC for a UAS may be delegated to Force Element / Senior Operational Commander
2 EMAR Definition of AD: A document issued or adopted by the authority which mandates actions to be performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this aircraft may otherwise be compromised.
[1] Issue of an MRTC for a UAS may be delegated to Force Element / Senior Operational Commander
[2] AD is retained but used to advise immediate safety issues that must be addressed, vice authorising flight or new policy
[3] EMAR Definition of AD: A document issued or adopted by the authority which mandates actions to be performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this aircraft may otherwise be compromised.

26. Questions/Discussion?