Recent Changes to Australian Regulation Engineering & Design – Parts 21 &39
21.M - Modifications & Repairs CASR Subpart 21.M replaced the old CAR 35, 36 & 36A on 27 June 2011 The vast majority of modifications and repairs are approved by authorised persons Modifications & repairs are separate from STCs STCs are approved by CASA, usually on the recommendation of an authorised person
21.M - Modifications & Repairs Authorised person acts on behalf of CASA to approve modifications and repairs Most authorised persons also design the modification or repair Authorised persons are required to operate to a Design Approval Procedures Manual (DAPM), part of which is CASA approved
21.M - Modifications & Repairs There are strict limits on what authorised persons can approve: Limits on aircraft complexity (ie, Part 23, 27, 25, 29, etc) Limits on engineering speciality (ie, structures, radio, powerplant, software, etc) Fixed wing, rotary wing, analogue, digital Any other limitations CASA believes appropriate
21.M - Modifications & Repairs Authorised persons do not have a free rein must advise CASA of any alteration which is considered Major and under some other conditions specified in their DAPM Authorised persons must find compliance with the aircraft’s certification basis Need CASA approval to vary the design standard Restricted category Equivalent Safety Determinations
21.M - Modifications & Repairs Authorised persons must ensure that there are, where appropriate: Instructions for Continuing Airworthiness Flight Manual amendments The holder of a modification or repair approval: Must provide ICA and Flight Manual amendments to any operator of an affected aircraft Is responsible for continuing airworthiness of the modification or repair
21.M - Modifications & Repairs Authorised persons often become the holder of the modification or repair that they have designed and approved. 21.M aligns with the proposed 21.J 21.J will replace all reference to “Authorised Person” with “Approved Design Organisation”
21.J – Approved Design Organisations CASR 21.J is currently entitled “Delegation Option Authorisation Procedures” Based on the US FAR 21.J No-one in Australia has applied for an authorisation under the current 21.J Poorly understood Not suited to Australian Industry
21.J – Approved Design Organisations New CASR 21.J is under development and will replace the existing 21.J Based on the EASA Part 21.J, it will introduce “Approved Design Organisations” References in 21.M to “Authorised Persons” will be changed to “ADOs” Many other references in Part 21 will also change from “Authorised Person” to “ADO”
21.J – Approved Design Organisations Regulations are currently in draft form Regulations will be made by the middle of 2012, and become effective in March 2013 There will be a 4 year period for authorised persons and organisations to transition to ADOs
CASR 39 - Airworthiness Directives In October 2009 CASR 39 changed to recognise State-of-Design ADs as Australian ADs. CASA no longer issues Australian ADs which repromulgate State-of-Design ADs CASA no longer mails out ADs to Registered Operators It is the Registered Operator’s responsibility to find their own ADs CASA does publish State-of-Design ADs on the CASA web site
CASR 39 - Airworthiness Directives CASA can, and does, still issue its own ADs Compliance with an Australian AD, regardless of its origin, is mandatory State-of-Design AMOCs against a State-of- Design AD are automatically acceptable (if they are applicable). CASA still issues its own AMOCs and Exclusions
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