Regulatory Reform Program Proposed Design Approval Rules CASR Parts 21 and 146 Ian Kearsley Manager Engineering Support Section This presentation is about a current regulatory development project in the Certification Standards Branch on the approval of design changes. It covers the approval of designs of modifications and repairs, or more precisely, approval of changes in a type design. This project will result in some amendments to CASR Part 21. It will not cover the incorporation of modifications and repairs. This is the subject of Part 43 Maintainer’s responsibilities and Part 145 Maintenance Organisations. These CASR Parts are handled by the Maintenance Standards Branch. Instead, the design change approvals are means of creating approved data for modifications and repairs where other forms of approved data are not available. The maintenance rules will cover the procedures for incorporation of design changes. New Zealand CAA Design Delegation Holders Seminar Auckland 20 October 2005

CASR Parts related to design approvals Part 21 – Certification and airworthiness requirements for aircraft and parts Parts 22-35 and 90 Airworthiness standards Part 146 - Engineering representatives Part 43 – Maintainer’s responsibilities Let’s go through the topics covered in this presentation. I will start with an overview of the current design approval projects under the Regulatory Reform Plan, and the inter-relationship of between these projects. Next I will give the background of the project - a brief discussion of the current legislation on approval of design changes, the problems with the current legislation and the objective of the project. I will propose some major legislative changes which will provide a framework for future approval of design changes. I will then discuss the major policy issues which will need to be resolved during the development of the rules - eg. Design approval methods Classification of design changes Role of AERs and ADOs and the functions authorised Responsibility of design approval holders Finally, I will give the current status of the project, the target milestones and how we intend to get the industry input in the development of the rules.

CASR Part 43 Maintainer’s responsibilities Set out the performance rules for modifications and repairs A person must carry out a major modification or a major repair using approved technical data: approved by or for the State of Design, or approved by or for CASA under Part 21. Minor modifications or minor repairs can be done using acceptable data, e.g. ACs, military/industry standards, manufacturer data New rule is different from current CAR 42U

Major Modifications and Repairs Are defined similar to FARs – a major modification means a design change: (a) that might appreciably affect the weight and balance limits, structural strength, performance, powerplant operation, flight characteristics or other qualities affecting its airworthiness or environmental characteristics; or (b) that will be embodied on the aircraft according to non-standard practices. Require a CASA Form 337 for return to service and maintenance record CASA Form 337 is not to be used as FAA field approval system.

CASR Part 21 Type certification of aircraft, aircraft engines and propellers Introduce new provision for approval of technical data for application of TCs, amended TCs, STCs Approval of parts and appliances e.g. APMAs, ATSO authorisations Approval of designs of modifications and repairs Introduce new Subpart 21.M

Approval of technical data Design data Drawings and specifications Information on dimensions, materials and processes Airworthiness limitations section Operating limitations Engineering reports including test plans and test reports that substantiate that the design complies with the applicable airworthiness standards Approval is issued on CASA Form 979 – similar to FAA Form 8110-3

Subpart 21.M Provide the rules for approvals of designs of modifications and repairs Replace CARs 35 and 36 and CAO 100.6 Limit to a modification or repair of specific aircraft, aircraft engines, propellers, or appliances by serial numbers Two forms of approval: for a major change to type design - a Limited STC, or otherwise - a modification/repair design approval.

Major changes to type design CASR 21.093 definition: A minor change is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of an aircraft, aircraft engine or propeller. All other changes are major changes. MOS Part 21 provides a list of modifications which are major changes and require a Limited STC similar to FAA Order 8300.10, Vol 2, Chapter 1

Current rule for approval of a design of a modification or repair The legislation should clearly define the approval route for a particular design change. The flowchart in this slide will show the proposed approval routes for design changes in Part 21. Firstly, we need to determine whether a design change is so extensive that a substantive complete investigation of compliance is required under CASR 21.19. If the design change is substantial then a new TC for the aircraft, engine or propeller is necessary. If the design change is not substantial, then we need to find out the objective of the change, whether it is intended for modification of an existing design or just for elimination of damage, or restoration to an airworthy condition a damage or defect experienced in service. In the later case, it is a repair and will need a Repair Design Approval under Subpart M. Subpart M will provide the approval process and requirements for approval of repair designs. Generally speaking, most repairs involve simple design changes, hence an STC is not normally required. It is also intended that most repair designs will be approved by AERs without direct involvement by CASA. Complex repairs, eg. those involved changes in the certification basis or airworthiness limitations etc, will still require CASA approval and support from the TC/STC holder

Proposed rule

Limited STC Can only be issued for specific aircraft, engines or propellers specified by serial number(s). Aircraft must be operated by the same registered operator. Can be issued by certain Part 146 Organisation Engineering Representatives. Required a similar process to the issue of an STC but simplified certification program, data requirements etc. With additional data, can be converted into an STC for the type.

Grant of Subpart 21.M approvals Design complies with the airworthiness standards referred to in the type certificate (or equivalent) or latter standards CASA can agree to equivalent level of safety, impose special conditions, or exempt inappropriate standards for restricted category aircraft Applicant submits technical data and documents Applicant carries out required inspections and tests Applicant can comply with the obligations in the CASRs if the approval is granted

Subpart 21.M other features Include CAR 36 approval for replacement parts Provide head of power for approval of technical data (drawings and specifications etc.) Specify obligations of the holder of the approval: To provide instructions for continued airworthiness, flight manual supplement as required To retain design data and records To report defects as required under CASR 21.003

Part 146 Engineering Representatives Rules for certification and operation of ERs Replace current administrative rules for certification of CAR 35 and design approval authorised persons Individuals and organisations who meet the criteria of Part 146 may be granted an ER certificate A generic instrument of delegation gives persons who hold an ER certificate the power to perform ER’s functions iaw the certificate MOS Part 146 sets out Part 21 functions that CASA may delegate to ERs

ER’s delegated functions Approve or recommend approval of technical data – viz. make findings of compliance to airworthiness standards CASA may accept findings for the issue of TCs, amended TCs, STCs, APMAs and ATSOAs Issue design approvals: Modification/repair design approvals Limited STCs (restricted to certain OERs) Minor changes to type design

Part 146 Engineering Representatives Two types of ERs: Individuals - Designated Engineering Representatives (DERs) Organisations - Organisation Engineering Representatives (OERs)

DERs An individual can apply for a DER certificate Applicant must meet the qualifications and experience set out in MOS Part 146 A DER must have: a Procedure Manual an airworthiness control system, including the procedure for independent verification of compliance data a document and record control system

Core DER qualifications and experience Qualification eligible for graduate member of IEAust, or knowledge and experience acceptable to CASA At least 8 years relevant experience - each year of completed tertiary course, up to a maximum of 4 years, taken to be 1 year experience. Thorough knowledge of CASRs and related materials Familiar with CASA procedures for issuing design approvals At least 12 months working experience with CASA on aircraft certification matters in the last 3 years

DER Certificates Consist of a certificate and a function schedule The function schedule will set out the scope of the delegated functions: Particular Part 21 provisions e.g. issue modification/repair design approval, approve data for APMA Airworthiness standards e.g. CASR Part 23, particular FAR 23 provisions Engineering specialities e.g. structures, systems Any conditions or limitations Can be perpetual

DER Engineering Specialties Defined in MOS Part 146 Structural Material and Process System & Equipment (Mechanical) System & Equipment (Electrical) System & Equipment (Avionics) Software Power plant installation Engines Propellers Flight analyst Flight test pilot General (Modification & Repair)

Organisation Engineering Representatives (OER) An individual or a body having legal personality can apply for an OER certificate OER must have: Suitable organisation, personnel and facilities Head of Design Approval Authorised representatives Internal audit systems Systems and procedures as for DERs OERs to have a wider scope of delegated functions than DERs

Authorised representatives Employed by the OER Perform the delegated functions for the OER Must meet the same qualifications and experience as DERs Are identified in the function schedule of the OER certificate Will have individual scope of functions similar to DERs

Head of Design Approval Is responsible to the organisation for : Managing the design approval functions Ensuring that delegated functions are performed iaw the regulations Nomination of authorised representatives Liaising with CASA on operational matters Must meet the qualifications for a DER plus management experience additional 4 years working experience on similar certification projects

Procedures Manual (PM) Certain changes to the PM will require approval by CASA prior to implementation: Items specified in the certificate e.g. scope of delegated functions, company DERs Procedures to carry out the delegated functions ERs must provide to CASA any amendments to the PM within 14 days.

ERs to comply with procedures With regard to the performance of the delegated functions, an ER must comply with the ER’s procedures manual CASA may also: Direct an ER in writing to amend the ER’s PM Give a written direction to an ER setting out a procedure or instruction to be complied with

Project Status Final drafts of regulations and MOSs will be subjected to CEO Directive 16 review for: Risk assessment for contribution to aviation safety Outcome based regulations if possible Two tiers legislation if possible. Part 146 is planned for making in the 4nd quarter 2005. Subpart 21.M will be introduced with Part 146 as a consequential amendment. New rules to commence 1 year after making.

Transitional provisions for CAR 35 CAR 35/36 will be repealed when Part 146 and Subpart 21.M commence A CAR 35/36 approval continues to be in force and has the same effect as the original approval A pending application for a CAR 35 approval is taken to be an application for a modification/repair design approval made under Subpart 21.M A new Subpart 21.M application is required for any pending CAR 36 approval.

Transitional provisions for authorised persons The holder of an IoA for CAR 35/36 or CASR design approval provisions is taken to be the holder of a DER certificate until the shorter of: the expired date of the IoA, or 3 years after the commencement of Part 146 The holder of an IoA for CAR 35/36 may approve technical data or issue modification/repair design approvals iaw the conditions and limitations in his/her IoA.

Transitional Provisions New entrants, existing IoA holders for design approval provisions or CAR 30 approved design organisations can be certified as consultant DER/OERs after the commencement of Part 146. All CAR 30 approvals for design organisations will expire 3 years after the commencement of Part 146.