21.A.263 Privileges

PROCEDURE FOR THE CLASSIFICATION OF CHANGES TO A TYPE CERTIFICATE (TC) OR TO A SUPPLEMENTAL TYPE CERTIFICATE (STC), AND OF REPAIR DESIGNS AS ‘MINOR’ OR ‘MAJOR’

1.INTENT This AMC provides the means to develop a procedure for the classification of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs. Each design organisation approval (DOA) applicant should develop its own internal classification procedure following this AMC in order to obtain the associated privilege under 21.A.263(c)(1).

2.PROCEDURE FOR THE CLASSIFICATION OF CHANGES TO A TC, APU ETSO, OR TO THAT PART OF THE PRODUCT COVERED BY AN STC, AND REPAIR DESIGNS

2.1 Content The procedure should address the following points: the identification of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs; classification; justification of the classification; acceptance of the classification by authorised signatories; and supervision of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs initiated by subcontractors.

2.2 Identification of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs The procedure should indicate how the following are identified: items (consisting of areas, systems, parts, or appliances) to be affected by the change or repair following the definitions provided in paragraph 3.9 of GM 21.A.101; airworthiness directives which have, or might have, an impact on any of the identified items affected by the change or repair; other constituents of the TC and of the pre-existing change(s) to the TC as applicable to the affected items (for instance, operating limitations, OSD constituents, manuals — see also point 21.A.90A and the associated GM) to be affected by the change or repair; the existing type-certification basis of the affected items containing, as applicable, the certification specifications, special conditions, deviations from the applicable certification specifications and the equivalent level of safety findings incorporated by reference in the TC of the product to be changed; the existing OSD certification basis; the definition of the change or repair to the affected items and to the other affected constituents of the TC and of the pre-existing change(s) to the TC, if applicable, in accordance with the provisions of points 21.A.31 and 21.A.91; the certification basis of the change or repair determined in accordance with point 21.A.101 with the support of GM 21.A.101 (point 21.A.433 for repairs); this might lead to preclassification of the change as ‘major significant’ as per the associated definitions (see point 2.3 below). The procedure should request the applicant to record a justification that the information, on which those identifications are based, is adequate. This may be done either by using the DOA holder’s own resources, or through an arrangement with the TC holder, or any other design approval holder as relevant. The procedure should address cases where the pre-existing configuration of the type design is the result of multiple changes or repairs applied to the same areas, systems, parts, equipment or appliances.

2.3 Classification The procedure should show how the effects on airworthiness, operational suitability and environmental protection are analysed, from the very beginning, by reference to the specific applicable requirements of the affected items. If no specific CSs or environmental protection requirements are applicable to the affected items, the above review should be carried out at the level of the part or system where the affected items are integrated and where specific CSs or environmental protection requirements are applicable. For changes to a TC, the criteria used for the classification should be in compliance with point 21.A.91 and follow the guidelines provided in GM 21.A.91. For repairs, the criteria used for the classification should be in compliance with point 21.A.435 and follow the guidelines provided in GM 21.A.435(a). The procedure should define provisions to contact EASA in case of doubts regarding the classification. The procedure should take into consideration that a change to a TC may have been found to be significant according to point 21.A.101 and following the definitions provided in GM 21.A.101. Therefore, it is already preclassified at the stage of the determination of the certification basis (see point 2.2 above).

2.4 Justification of the classification All decisions on the classification of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs classified as ‘major’ or ‘minor’ should be recorded, and, for those which are not straightforward, also justified according to the procedure and criteria in point 2.3 above. These records should be easily accessible to EASA for sample checking.

2.5 Acceptance of the classification by the authorised signatories All classifications of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs should be accepted by an appropriately authorised signatory, belonging to the airworthiness function, as explained in AMC1 21.A.239(d). The procedure should indicate the authorised signatories for the various products listed in the terms of approval. For those changes or repairs that are handled by subcontractors, as described under point 2.6, a description should be provided of how the DOA holder manages its classification responsibility. The final classification may be: major changes significant to a TC; major changes not significant to a TC or major repairs; minor changes to a TC or minor repairs where additional work is necessary to demonstrate compliance with the certification basis, the operational suitability data certification basis, where applicable, and the environmental protection requirements; or minor changes to a TC or minor repairs requiring no further demonstration of compliance. The procedure should indicate how the above four classes of changes/repairs are identified, taking into consideration the requirements laid down in point 21.A.31.

2.6 Supervision of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs initiated by subcontractors The procedure should indicate, directly or by cross reference to written procedures, how changes to a TC, or to that part of the product covered by an STC, and repair designs may be initiated and classified by subcontractors, and are controlled and supervised by the DOA holder, taking into consideration the requirements laid down in point 21.A.239(d)(3) and its associated guidance material.

ORGANISATIONS THAT DESIGN MINOR CHANGES TO A TYPE CERTIFICATE (TC) OR A SUPPLEMENTAL TYPE CERTIFICATE (STC), AND MINOR REPAIRS TO PRODUCTS: CLASSIFICATION PROCEDURE

1.Content The procedure should address the following points: the configuration control rules, especially the identification of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs; the classification in compliance with point 21.A.91 and considering GM 21.A.91 for changes and GM 21.A.435(a) for repairs; the justification of the decisions for the classification; and the acceptance of the classification by authorised signatories.

2.Identification of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs The procedure should indicate how the following are identified: the items (consisting of areas, systems, parts, or appliances) to be affected by the change or repair as per the definitions provided in paragraph 3.9 of GM 21.A.101; these include the parts, appliances, systems or areas affected, and also the other TC constituents (see definitions in GM to 21.A.90A; for instance, operating limitations, OSD constituents, manuals, etc.); airworthiness directives which have, or might have, an impact on any of the identified items affected by the change or repair; the existing type-certification basis of the affected items containing, as applicable, the certification specifications, special conditions, deviations from the applicable certification specifications and the equivalent level of safety findings incorporated by reference in the TC of the product to be changed; the existing OSD certification basis; the definition of the change or repair to the affected items in accordance with the provisions of point 21.A.31; the certification basis of the change or repair determined in accordance with point 21.A.101 with the support of GM 21.A.101 (point 21.A.433 for repairs); this might lead to preclassification of the change as ‘major significant’ as per the associated definitions (see paragraph 3 below).

3.Classification The procedure should show how the effects on airworthiness, operational suitability and environmental compatibility are analysed, from the very beginning, by reference to the specific requirements applicable to the affected items. If no specific CSs or environmental protection requirements are applicable to the affected items, the above review should be carried out at the level of the part or system where the affected items are integrated and where specific CSs or environmental protection requirements are applicable. For repairs, the criteria used for the classification should be in compliance with point 21.A.435 and follow the guidelines provided in GM 21.A.435(a). The procedure should define provisions to contact EASA in case of doubts regarding the classification.

4.Justification of the classification All decisions on the classification of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs classified as ‘minor’, should be recorded, and, for those which are not straightforward, also justified according to the procedure and the criteria defined in paragraph 3 above. These records should be easily accessible to EASA for sample checking. The justification may be in the format of meeting notes or a register.

5.Acceptance of the classification by the authorised signatories All classifications of changes to a TC, APU ETSO or to that part of the product covered by an STC, and repair designs should be accepted by an appropriately authorised signatory. The procedure should indicate the authorised signatories for the various products listed in the terms of approval. The final classification may be: minor changes to a TC or minor repairs where additional work is necessary for the demonstration of compliance with the certification basis, the operational suitability data certification basis (where applicable), and the environmental protection requirements; or minor changes to a TC or minor repairs that require no further demonstration of compliance.

PROCEDURE FOR THE APPROVAL OF MINOR CHANGES AND MINOR REPAIRS TO A TYPE CERTIFICATE (TC), AN AUXILIARY POWER UNIT EUROPEAN TECHNICAL STANDARD ORDER (APU ETSO) OR A SUPPLEMENTAL TYPE CERTIFICATE (STC)

1.INTENT This AMC provides the means to develop a procedure for the approval of minor changes to a TC, APU ETSO or to that part of the product covered by an STC, and minor repairs. Each design organisation approval (DOA) applicant should develop its own internal procedures following this AMC in order to obtain the associated privilege under 21.A.263(c)(2).

2.PROCEDURE FOR THE APPROVAL OF MINOR CHANGES TO A TC, AN APU ETSO OR TO THAT PART OF THE PRODUCT COVERED BY AN STC, AND MINOR REPAIRS

2.1 Content The procedure should address the following points: compliance documentation; approval under the DOA privilege; authorised signatories; and supervision of minor changes to a TC, an APU ETSO or to that part of the product covered by an STC or minor repairs handled by subcontractors.

2.2 Compliance documentation For those minor changes to a TC, an APU ETSO or to that part of the product covered by an STC, and minor repairs where additional work to demonstrate compliance with the applicable CSs and environmental protection requirements is necessary, compliance documentation should be established and independently verified as required by point 21.A.239(d)(2). The procedure should describe how the compliance documentation is produced and checked. For compliance documentation, see also AMC 21.A.20(c).

2.3 Approval under the DOA privilege

2.3.1 For those minor changes to a TC, an APU ETSO or to that part of the product covered by an STC, and minor repairs where additional work to demonstrate compliance with the applicable CSs and environmental protection requirements is necessary, the procedure should define a document to formalise the approval under the DOA privilege. This document should include at least: a brief description of the change or repair and the reasons for the change or repair; identification of the initial configuration of the affected area and other items (which determines the eligibility for installation of the change or repair into an aircraft); identification of the final configuration of the affected area, and of supplements to manuals and to OSD constituents; the applicable CSs or environmental protection requirements and methods of compliance; references to the compliance documents; the effects, if any, on the limitations and on the approved documentation; evidence of the independent checking function of the demonstration of compliance; evidence of the approval under the privilege of point 21.A.263(c)(2) by an authorised signatory; and the date of the approval. For repairs, see AMC1 21.A.5 and AMC1 21.A.433(b).

2.3.2 For the other minor changes to a TC, APU ETSO or to that part of the product covered by an STC, and minor repairs, the procedure should define a means to identify the change or repair and the reasons for the change or repair, and to formalise its approval by the appropriate engineering authority under an authorised signatory. This function may be delegated by the Office of Airworthiness but should be controlled by the Office of Airworthiness, either directly or through appropriate procedures of the DOA holder’s design assurance system.

2.4 Authorised signatories The persons authorised to sign for the approval under the privilege of point 21.A.263(c)(2) should be identified (name, signature and scope of authority) in appropriate documents that may be linked to the handbook.

2.5 Supervision of minor changes to a TC, APU ETSO or to that part of the product covered by an STC, and minor repairs handled by subcontractors For the minor changes to a TC, APU ETSO or to that part of the product covered by an STC, and minor repairs described in 2.3.2 which are handled by subcontractors, the procedure should indicate, directly or by cross reference to written procedures, how these minor changes to a TC, APU ETSO or to that part of the product covered by an STC, and minor repairs are approved at the subcontractor level and the arrangements made for the control and supervision by the DOA holder.

ORGANISATIONS THAT DESIGN MINOR CHANGES TO A TYPE CERTIFICATE (TC), AN AUXILIARY POWER UNIT EUROPEAN TECHNICAL STANDARD ODER (APU ETSO) OR A SUPPLEMENTAL TYPE CERTIFICATE (STC) AND MINOR REPAIRS TO PRODUCTS: PROCEDURE FOR THE APPROVAL OF MINOR CHANGES TO A TC, AN APU ETSO OR MINOR REPAIRS

1.Content The procedure should address the following points: compliance documentation; approval under the DOA privilege; and authorised signatories.

2.Compliance documentation For those minor changes to a TC, an APU ETSO or to that part of the product covered by an STC, and minor repairs where additional work to demonstrate compliance with the applicable CSs and environmental protection requirements is necessary, compliance documentation should be established and independently verified as required by point 21.A.239(d)(2). The procedure should describe how the compliance documentation is produced and checked. For compliance documentation, see also AMC 21.A.20(c).

3.Approval under the DOA privilege

3.1. For those minor changes to a TC, an APU ETSO or to that part of the product covered by an STC, and minor repairs where additional work to demonstrate compliance with the applicable CSs or environmental protection requirements is necessary, the procedure should define a document to formalise the approval under the DOA privilege. This document should include at least:

(a)a brief description of the change or the repair and the reason for change or repair;

(b)identification of the initial configuration of the affected area and other items (which determines the eligibility for installation of the change or repair into an aircraft);

(c)identification of the final configuration of the affected area, and of supplements to manuals and to OSD constituents;

(d)the applicable CSs or environmental protection requirements and methods of compliance;

(e)references to the compliance documents;

(f)the effects, if any, on the limitations and on the approved documentation;

(g)evidence of the independent checking function of the demonstration of compliance;

(h)evidence of the approval under the privilege of point 21.A.263(c)(2) by an authorised signatory; and

(i)the date of the approval. For repairs, see also AMC 21.A.433(b) and 21.A.447.

3.2. For the other minor changes to a TC, APU ETSO or to that part of the product covered by an STC, and minor repairs, the procedure should define a means to identify the change or repair and the reasons for the change or repair, and to formalise its approval by the appropriate engineering authority under an authorised signatory. This function should be controlled through appropriate procedures of the DOA holder’s design assurance system.

4.Authorised signatories The persons authorised to sign for the approval under the privilege of 21.A.263(c)(2) should be identified (name, signature and scope of authority) in appropriate documents that may be linked to the handbook.

PROCEDURE FOR THE APPROVAL OF THE CONDITIONS FOR THE ISSUE OF A PERMIT TO FLY (PtF)

1.INTENT This AMC provides the means to develop a procedure to determine that an aircraft can fly, under the appropriate restrictions compensating for non-compliance with the certification specifications applicable to the specific aircraft category. Each DOA applicant or DOA holder should develop its own internal procedure following this AMC, in order to obtain the privilege to make this determination and approve the associated conditions without EASA’s involvement, under point 21.A.263(c)(6). When the privilege does not apply, the DOA applicant or the DOA holder will prepare all the necessary data required for the determination in accordance with the same procedure required for the privilege, and will apply for EASA’s approval. The establishment of flight conditions may include conditions related to engines/propellers without a type certificate or with unapproved changes that are fitted to the aircraft, for which a permit to fly (PtF) is requested. These conditions (i.e. the installation, operating limitations, maintenance conditions or limitations) should be defined by the organisation responsible for the design of the engine/propeller and provided to the organisation responsible for the design of the aircraft. These conditions should be established and substantiated under an arrangement between the organisation responsible for the design of the aircraft and the organisation responsible for the design of the engine/propeller. However, the establishment and substantiation of the flight conditions for the aircraft, including its engine(s), is ultimately the responsibility of the organisation responsible for the design of the aircraft.

2.PROCEDURE FOR THE APPROVAL OF THE CONDITIONS FOR THE ISSUE OF A PERMIT TO FLY (PtF)

2.1 Content The procedure should address the following points: the decision to exercise the privilege; management of the aircraft configuration; determination of the conditions that should be complied with to safely perform a flight; documentation of substantiations of flight conditions; approval under the DOA privilege, when applicable; and the authorised signatories.

2.2 Decision to exercise the privilege of point 21.A.263(c)(6) The procedure should include a decision to determine the flights for which the privilege of point 21.A.263(c)(6) will be exercised.

2.3 Management of the aircraft configuration The procedure should indicate: how the aircraft, for which an application for a permit to fly is made, is identified; and how changes to the aircraft will be managed.

2.4 Determination of the conditions that should be complied with to safely perform a flight The procedure should describe the process used by the DOA holder to justify that the aircraft can perform the intended flight(s) safely. This process should include: with reference to point 21.A.701(a), identification of the applicable airworthiness requirements which the aircraft does not meet, or has not been shown to meet, if applicable, and of the purpose of the flight(s); for flight conditions raised to cover unapproved changes, the identification of the applicable airworthiness requirements which the aircraft does not meet, or has not been shown to meet, can be fulfilled by referring to the certification programme of the unapproved changes; the analysis, calculations, tests or other means used to determine under which conditions or restrictions the aircraft can safely perform a flight (the flights); the establishment of specific maintenance instructions and conditions to perform these instructions; an independent technical verification of the analysis, calculations, tests or other means used to determine under which conditions or restrictions the aircraft can perform the intended flight(s) safely; a statement by the office of airworthiness (or equivalent), that the determination has been made in accordance with the related procedure and that the aircraft has no features and characteristics that render it unsafe for the intended operation(s) under the identified conditions and restrictions; and approval by an authorised signatory.

2.5 Documentation of flight conditions substantiations

1.The analysis, calculations, tests, or other means used to determine under which conditions or restrictions the aircraft can safely perform a flight (or the flights) should be compiled in compliance documents. These documents should be signed by the author and by the person performing the independent technical verification.

2.Each compliance document should have a number and an issue date. The various issues of a document should be controlled.

3.The data submitted and approved by the TC holder can be used as substantiations. In that case, the independent technical verification referred to in 2.4 is not required.

2.6 Approval under the DOA privilege

2.6.1 Initial approval The procedure should include the following EASA Form 18A (as an alternative, the DOA holder should provide an equivalent template containing the same level of information) to support the approval under the DOA privilege:

EASA Form 18A — Issue 4

When the privilege of point 21.A.263(c)(6) is not applicable, the signed form should be presented by the office of airworthiness (or equivalent) to EASA.

2.6.2 Approval of changes Except for changes that do not affect the conditions approved for the issue of the permit to fly, the procedure should specify how changes will be approved by the DOA holder. The EASA Form 18A should be updated.

2.7 Authorised signatories The person(s) authorised to sign the approval form should be identified (name, signature and scope of authority) in the procedure, or in an appropriate document linked to the DOA handbook.

1.INTENT This acceptable means of compliance provides means to develop a procedure for the issue of a permit to fly. Each DOA applicant or holder must develop its own internal procedure following this AMC, in order to obtain the privilege of 21.A.263(c)(7)to issue permits to fly for aircraft it has designed or modified, or for which it has approved under 21.A.263(c)(6) the conditions under which the permit to fly can be issued, and when the design organisation itself is controlling under its DOA the configuration of the aircraft and is attesting conformity with the design conditions approved for the flight.

2.PROCEDURE FOR THE ISSUE OF A PERMIT TO FLY

2.1 Content The procedure must address the following points: conformity with approved conditions; issue of the permit to fly under the DOA privilege; authorised signatories; interface with the local authority for the flight.

2.2 Conformity with approved conditions The procedure must indicate how conformity with approved conditions is made, documented and attested by an authorised person.

2.3 Issue of the permit to fly under the DOA privilege The procedure must describe the process to prepare the EASA Form 20b and how compliance with 21.A.711(b) and (e) is established before signature of the permit to fly.

2.4 Authorised signatories The person(s) authorised to sign the permit to fly under the privilege of 21.A.263(c)(7) must be identified (name, signature and scope of authority) in the procedure, or in an appropriate document linked to the DOA handbook.

2.5 Interface with the local authority for the flight The procedure must include provisions describing the communication with the local authority for compliance with the local requirements which are outside the scope of the conditions of 21.A.708(b) (see 21.A.711(e)).

STCs, major changes and major repairs issued by a DOA holder under their privilege of point 21.A.263(c)(5), (8) and (9) should each be given a unique and consecutive reference number. The following numbering system may be considered:

Example: 21J999STC17—001A Note: ‘MCH’ refers to ‘major changes’, ‘MRE’ to ‘major repairs’. With reference to STCs only, after the STC approval, the DOA holder should send a copy of the STC to EASA in a timely manner (as agreed with EASA).