Approval of Design Changes Modifications and Repairs

Regulatory Reform Program
Proposed Design Approval Rules
CASR Parts 21 and 146
Ian Kearsley
Manager Engineering Support Section
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
Part 146 - Engineering representatives
Part 43 – Maintainer’s responsibilities
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 nonstandard 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
CASR Part 21
Type certification of aircraft, aircraft engines and
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
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
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
New Modification & Repair
CASR Part 21
CAR 1988
Design approved
under CAR 35
STC issued
Subpart 21.E
Major Change
per 21.93
Minor change
Subpart 21.D
Only for Australian
type certificates
Proposed rule
New design change
Limited to specific
serial nos
Design approved under
Subpart 21.M
design approval
Design approved under
Subparts 21.D/E
STC modification
per 21.93 / MOS?
Limited STC issued
Major Change
per 21.93?
STC issued
Only CASA can issue STCs.
STCs are optional for one-off
major changes.
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
 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)
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
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
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
 System & Equipment
 System & Equipment
Power plant installation
Flight analyst
Flight test pilot
General (Modification &
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
 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
All CAR 30 approvals for design organisations
will expire 3 years after the commencement of
Part 146.