As aviation professionals its our responsibility to stay relevant: 2014 EASA Rule Changes:Type Design, Type Certificate & Operational Suitability How often have you had to educate others on the meaning “type design? In the US, 14 CFR 21.31 still provides the definition of “type design” and related FAR Parts continue to use the term as we are accustomed in the US. However, in 2014 EASA changed the traditional usage of the term “type design” to “type certificate”. EASA’s basis for the change was to “avoid confusion and legal uncertainty”. In review of the revisions, with the exception of a new term and requirement addition, meanings of “type design” and “type certificate” are not substantively changed. The revised EASA definition for “type design” exchanged the word “specifications” for “code” in sub-para 3, recognizing that design requirements may extend beyond what is in a regulation (code). “21.A.31(a)3 [The type design shall consist of…] an approved airworthiness limitations section of the instructions for continued airworthiness as defined by the applicable certification specifications; …” The revised EASA definition for “type certificate” added requirements for “operational suitability”. As provided in 21.A.41: “… The aircraft type-certificate and restricted type-certificate, in addition, shall both include the applicable operational suitability data certification basis, the operational suitability data and the type-certificate data sheet for noise. The engine type-certificate data sheet shall include the record of emission compliance.” So, what does “Operational suitability” mean? Article 7a of the EASA rule provides a definition of “operational suitability data”. In summary, the type certificate holder/applicant must provide, “minimum syllabus of maintenance certifying staff type rating training and except for aircraft validation source data to support the objective qualification of simulator(s)”. There is a bit of a grand-fathering allowed. “Operational Evaluation Board reports and master minimum equipment lists issued in accordance with JAA procedures or by the Agency before the entry into force of this Regulation shall be deemed to constitute the operational suitability data approved in accordance with point 21.A.21(e) of Annex I (Part 21) and shall be included in the relevant type-certificate. …” And, there is a deadline. “Holders of a type-certificate including operational suitability data shall be required to obtain approval of an extension of the scope of their design organization approval or procedures alternative to design organization approval, as applicable, to include operational suitability aspects before 18 December 2015.’;..” We’ll see who’s paying attention to deadlines and who’s not by the exemptions, waivers and what-else that are requested at the 11th hour. The above changes reflect a tighter regulatory connection in the EU between the design organization and the requirements for maintenance organizations. As most US type certificate holders also hold EASA design approvals, they too are impacted by these changes. The area of future litigation interest may be the robustness and accuracy of “operational suitability data” with maintenance organizations and design holder each pointing at each other across a courtroom – on both sides of the Atlantic. In a future post, I’ll address some of the 2014 EASA revisions to minor-major design changes. eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2014:023:0012:0024:EN:PDF
Posted on: Tue, 25 Nov 2014 23:06:19 +0000
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