Future Defence Aviation Safety Regulation Module 2 - EMAR Part 21 – Aircraft Design, Certification and Production Aug 2015

Module 2: EMAR Part 21 – Design, Certification, Production Scope Module 2: EMAR Part 21 – Design, Certification, Production Overview of Part 21 Organisational approvals (Subparts G, F, J) Expansion on other Subparts (A, B, D, E, H, K, M, O,P) Key definitions Airworthiness Instruments

EMAR Structure

EMAR Part 21 Overview Initial Airworthiness Key differences to TAREG Design, Production and Certification Airworthiness Instruments Change to existing type design Includes Aircraft and related products, parts and appliances Key differences to TAREG Contains all elements supporting initial airworthiness Does not cover activities supporting continuing airworthiness (eg configuration item regulations) EMAR 21: Continued Airworthiness - establishes the criteria for the certification of military aircraft and related products, parts and appliances, and design and production organisations, It details the requirements related to the initial airworthiness of Military aircraft. In particular it covers the certification of either a new type, or a change to an existing type, its design and related activities.

EMAR Part 21 Section A contents by Subpart A – General provisions B – Military Type-Certificates and Military Restricted Type-Certificates C – (Not applicable) D – Changes to Military Type-Certificates and Military Restricted Type-Certificates E – Military Supplemental Type-Certificates F – Production without Military Production Organisation Approval G – Military Production Organisation Approval H – Military Certificates of Airworthiness and Military Restricted Certificates of Airworthiness I – Noise Certificates (to be added later if required) J – Military Design Organisation Approval K – Parts and Appliances L – (Not applicable) M – Repairs N – (Not applicable) O – European Military Technical Standard Order Authorisations P – Permit to Fly Q – Identification of Products, Parts and Appliances

EMAR Part 21 Section A contents by Subpart A – General provisions B – Military Type-Certificates and Military Restricted Type-Certificates C – (Not applicable) D – Changes to Military Type-Certificates and Military Restricted Type-Certificates E – Military Supplemental Type-Certificates F – Production without Military Production Organisation Approval G – Military Production Organisation Approval H – Military Certificates of Airworthiness and Military Restricted Certificates of Airworthiness I – Noise Certificates (to be added later if required) J – Military Design Organisation Approval K – Parts and Appliances L – (Not applicable) M – Repairs N – (Not applicable) O – European Military Technical Standard Order Authorisations P – Permit to Fly Q – Identification of Products, Parts and Appliances

EMAR 21 - SUBPART G Organisational Approvals Military Production Organisational Approval (MPOA) Rules for showing compliance of products, parts, appliance with applicable design data through an approved organisation Established and maintained quality system Release artefacts Complete aircraft: Statement of Conformity Parts and appliances: Authorised Release Certificate Production Organisation Exposition No design privileges associated with this subpart Key differences to TAREG TAREG do not regulate production organisations

Part 21G Key Positions Key Positions Chief Executive References: EMAR 21.A.145(c) GM 21A.145(c)(1) GM 21A.145(c)(2) Chief Executive Provides necessary resources Accountable Manager Ensures production is performed to req standards Responsible Manager Responsible to cover all responsibilities in Subpart G Reports to Accountable Manager Quality Manager the compliance assurance manager

EMAR 21 – SUBPART F Organisational Approvals Production without military production organisation approval (MPOA) Details procedure for demonstrating conformity with Subpart G without having gained the formal MPOA Production Inspection System, not independent quality system Valid for 12 months E.g. producing/installing simple parts for a modification upgrade, for which production organisational approval considered too costly Key differences to TAREG TAREG do not regulate production organisations Limited production regulations (3.5.19) – sustainment, design/modification context

EMAR 21 - SUBPART J Organisational Approvals Military Design Organisation Approval (MDOA) Procedure for approval Design assurance system Design Organisation Exposition Ability to classify designs and repairs (major or minor) Privileges (scope, e.g approval of minor changes to type design) Obligations of the holder Key differences to TAREG EMAR do not contain prescriptive Design Control System elements (such as Judgement of Significance, levels of EA), nor Design Acceptance, Incorporation Approval (IA) or Service Release (SR). Intent of these functions are addressed through distinct MTC holder responsibilities, clearer organisational and individual accountabilities and introduction of CAMO (IA and SR) DGTA-ADF will run Compliance Assurance Program for all Military Design Orgs

Part 21J Key Positions Key Positions Chief Executive Head of Design References: GM No. 1 to 21A.243(d) Chief Executive Provides necessary resources Head of Design Responsible for all departments conducting design Similar to SDE Chief of the Office of Airworthiness Responsible for coordinating airworthiness matters Similar to ‘Certification Manager’ position in acq project office Chief of the independent monitoring function of design assurance Effectively the compliance assurance manager of 21J org

Part 21J Exposition Exposition References: - AMC No.1 to 21A.243(a) - AMC No.2 to 21A.243(a) Military Design Organisation Exposition (MDOE) requires: Organisation Scope of work Products, or changes to products to be designed List of types and models Privileges Scope of repair design (i.e. structures, systems, engines) Design assurance system Including assigned responsibilities Management of changes to type design and design of repairs Config control ; Classification ; Approval of minor changes to type design & minor repairs Quality system Control of subcontractors Collecting/investigating of failures, malfunctions and defects Co-ordination with production Recording system For type design, drawings Documentation control

EMAR Part 21 Section A contents by Subpart A – General provisions B – Military Type-Certificates and Military Restricted Type-Certificates C – (Not applicable) D – Changes to Military Type-Certificates and Military Restricted Type-Certificates E – Military Supplemental Type-Certificates F – Production without Military Production Organisation Approval G – Military Production Organisation Approval H – Military Certificates of Airworthiness and Military Restricted Certificates of Airworthiness I – Noise Certificates (to be added later if required) J – Military Design Organisation Approval K – Parts and Appliances L – (Not applicable) M – Repairs N – (Not applicable) O – European Military Technical Standard Order Authorisations P – Permit to Fly Q – Identification of Products, Parts and Appliances

EMAR 21 - SUBPART A Other Subparts General Provisions Requirements to manage failures, malfunctions and defects Airworthiness Directives Coordination between design and production Key differences to Defence airworthiness regs EMAR (and the rest of the world) use ADs for the Authority to mandate actions to be performed to restore an aircraft to acceptable level of safety. Defence use ADs to issues airworthiness policy or as an instrument to support flight operations Airworthiness Directive used very differently in Defence compared to the rest of the global aviation community. Rest of the world uses Airworthiness Directives as meaning a document issued or adopted by the Authority which mandates actions to be performed on an aircraft to restore an acceptable level of safety. This is never the way it is used in Defence. AD have been used in Defence to issue airworthiness policy/ draft airworthiness regulations  (eg Crash Protection / Crash Data Recorder), airworthiness instrument supporting flight operations (eg AD supporting JSF).

EMAR 21 - SUBPART B & E Other Subparts SUBPART B: Military type-certificates (MTCs) and military restricted type-certificates (MRTCs) Procedure for issuing: MTC for products (Aircraft, Engines, Propellers) MRTC for aircraft MRTC used to support military aviation operations prior to completion of all certification elements Airworthiness codes (EMACC) Type-cert basis Certification Program Plan MTC holder obligations Instructions for continuing airworthiness

EMAR 21 – Military Type Certificate Holder Other Subparts EMAR 21 – Military Type Certificate Holder MTCH Obligations: System for collecting, investigating and analysing Failures, Malfunctions and Defects Airworthiness Directives Coordination between design and production Record Keeping Manuals ICA Demonstrate capability by holding Military Design Organisation Approval Airworthiness Directives - Propose the appropriate corrective action and/or required inspections and submit details of these proposals to the Authority for approval; Provide all required data and accomplishment instructions to all known operators Coordination between design and production - To ensure the proper support of the continued airworthiness of the product, part or appliance. Record Keeping - Design information, drawings, test reports, inspection records Manuals Produce maintain and update master copies of all manuals required by type cert basis ICA - MTCH shall furnish at least one set of complete instructions for continuing airworthiness, comprising descriptive data and accomplishment instructions prepared in accordance with the applicable type-certification basis, to each known operator Reference: EMAR 21.A.44

EMAR 21 - SUBPART B & E Other Subparts SUBPART E: Supplemental Type Certificates A major change to Type Design is proposed and : Applicant is not the Military Type Certificate Holder Key differences to TAREG EMAR less prescriptive EMAR require identification of a MTC Holder and regulate associated obligations for continuing validity of the Type Certificate Defence does not contain an aw code – instead AAP7001.054 ADRM

Other Subparts EMAR 21 - SUBPART D Changes to military type-certificates and military restricted type-certificates Procedure for approval of changes to type designs and type-cert Classification of changes Major and minor changes (GM is comprehensive) Airworthiness codes Design Approval Instructions for continuing airworthiness

EMAR 21 - SUBPART H Other Subparts Military certificates of airworthiness and military restricted certificates of airworthiness Procedure for issuing airworthiness certificates applicable to a MTC or a MRTC Key differences to TAREG Application of Defence airworthiness regs typically use Special Flight Permits prior to issuing AMTC/SR & Certificates of Airworthiness Defence airworthiness regs do not allow issue of a certificate of airworthiness under SFP. Instead “draft” Certificate of Airworthiness often used to support DAR attestation to load aircraft on Defence State Register

Key differences to TAREG Other Subparts EMAR 21 - SUBPART K Parts and Appliances Describes approval and compliance of parts and appliances Installation of parts on type-certified products Standard Part vs Non standard Part Key differences to TAREG TAREG implicitly cover through substitution (3.5.7) and certification processes (design emphasis only). No TSO requirement in TAREG Parts and Appliances Describes approval and compliance of parts and appliances - Parts must comply with the type-certification procedures of product in which it is to be installed, or - Parts must comply with the EMTSO or - The specifications recognised by Authority as equivalent To install a part on a type-certified product they must: - Have an authorised release certificate - Be marked appropriately Standard Part vs Non standard Standard – Designated by the design approval holder responsible for the product, part or appliance in which the part is intended to be used. - All design, manufacturing, inspection data should be in the public domain or part of recognised standards Non standard – comply with EMTSO or appropriate requirement accepted by the Authority. E.g med-evac equip, non integrated communications or nav equipment

EMAR 21 - SUBPART M Other Subparts Repairs Key differences to TAREG ‘Repair’: elimination of damage and/or restoration to an airworthy condition. Excludes EMTSO. Major or Minor Approval of Repairs Repair Embodiment Unrepaired damage Record keeping and ICA Key differences to TAREG EMAR treat repair design as a separate privilege (scope) to design. TAREG treat repair as a type of design, covered under ‘deviation’. TAREG specify specific requirements for structural repairs. EMAR utilise classification of repair to determine rigour required. ‘Repair’ elimination of damage and/or restoration to an airworthy condition following initial release into service by the manufacturer of any product, part or appliance. - Elimination of damage by replacement of parts or appliances without the necessity for design activity shall be considered as a maintenance task and shall therefore require no approval under this EMAR. Approval of repairs This is a privilege provided to the MDOA by the Authority, separate to design privileges. A design organisation that is the MTC holder may approve ‘Major’ repair designs if included as a privilege under their DOA. AMC provides considerations. Production of repair parts – under 21F, an 21G organisation or an appropriately approved maintenance organisation Repair Embodiment - Repair carried out by an appropriately approved maintenance organisation or 21G organisation Unrepaired damage When left unrepaired and not covered by previously approved data only the Authority, MTCH, or STC holder. When not the MTCH or STC holder the design organisation is to justify the information on which the decision is based is adequate or justify to the MTC, STC holder or manufacturer.

EMAR 21 - SUBPART O Organisational Approvals Technical Standard Order (FAA) A TSO is a minimum performance standard for specified materials, parts, and appliances used on civil aircraft. A TSO Authorization is not an approval to install and use the article in the aircraft European Military technical standard order authorisations (EMTSO) Procedure for issuing EMTSO authorisations TSO covers design and production approval Declaration of Design and Performance (DDP) – akin to a TCDS Key differences to TAREG TAREG do not regulate in this area. Implicitly cover TSO / Military TSO through substitution (3.5.7) and certification processes (design emphasis only).

EMAR 21 - SUBPART P Other Subparts Military permit to fly Procedure for issuing military permits to fly Approving flight conditions, eg Flight Test, Exhibition, Ferry Can be issued for aircraft that do not meet or have not been shown to meet applicable airworthiness requirements but are capable of safe flight. Key differences to Defence airworthiness regs No direct equivalent Similarities to some uses of a Special Flight Permit, Airworthiness Directive, Flight Test Permit

Key Definitions Key Definitions Airworthiness Airworthiness Codes Authority Airworthiness Directive (AD) Certificate of Release to Service Certification Continued (design) airworthiness Continuing airworthiness Derogation Exposition Fit for Flight Military Type Certificate (MTC) Military Restricted Type Certificate (MRTC) Military Supplemental Type Certificate Products, Parts and Appliances Repair Special Conditions Type Certification Basis Type Certificate Holder Type Design KEY DEFINITIONS Source: EMAD 1 – Definitions and acronyms document Edn 1.1, 23 May 13 Airworthiness. The ability of an aircraft, or other airborne equipment or system, to operate in flight and on ground without significant hazard to aircrew, ground-crew, passengers (where relevant) or to other third parties. Initial airworthiness Airworthiness Codes. Product airworthiness requirements, applicable to the design of a product, that are approved by a competent airworthiness authority for the use with standardised aircraft categories (e.g. EASA CS, FAA FAR, STANAG, Def-STAN, etc.). Authority. Unless otherwise defined in specific EMAR, Authority means a National Military Airworthiness Authority responsible for the airworthiness of military aircraft hereto and "the Authorities" means all the military Authorities responsible for airworthiness hereto. Airworthiness Directive (AD). A document issued or adopted by the authority which mandates actions to be performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this aircraft may otherwise be compromised. (ref. EMAR 21) Certificate of Release to Service. This is a statement, signed by an appropriately authorised person, on behalf of an approved organisation, which asserts that maintenance has been properly carried-out. The CRS contains the basic details of the maintenance carried out, the date that it was completed and the identity (may include an authorisation stamp) of the person issuing the certificate. Certification. Recognition that a product, part or appliance, organisation or person complies with the applicable airworthiness requirements followed by the declaration of compliance. Continued (design) airworthiness. All tasks to be carried-out to verify that the conditions under which a type-certificate or a supplemental type-certificate has been granted continue to be fulfilled at any time during its period of validity. Continuing airworthiness. All of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation. Derogation. Built in exemptions. Exposition. Management plan. The document or documents that contain the material specifying the scope of work deemed to constitute approval and showing how the organisation complies with an EMAR. Fit for Flight. Condition of a type design being certified as compliant with applicable airworthiness requirements as well as of an aircraft having been serviced and inspected as meeting the certified design and prepared for the intended flight. Military Type Certificate (MTC). Recognition that a product complies with the applicable airworthiness requirements. Military Supplemental Type Certificate. A document issued or endorsed by the Authority which certifies a major change to the type design by an organisation other than original design organisation. Products, Parts and Appliances Product = aircraft, engine or propeller (each can be granted with a TC), Parts and appliances = lower level components for which an ETSO/TSO may exist. Repair. A 'repair' means the elimination of damage and/or restoration to an airworthy condition following initial release into service by the manufacturer of any product, part or appliance. Special Conditions. Are introduced when the design features of a particular product or the experience in operation render any of the airworthiness code provisions inadequate or inappropriate to ensure conformity with essential requirements. Type Certificate Holder. The organisation responsible for the relevant Type Design and applying for, and then holding, the Type Certificate and accepting the rights and obligations for the product. Type Certification Basis. An agreed set of airworthiness requirements a product must be compliant with in order to obtain a Type Certificate. For more details see EMAR 21. Type Design. The minimum set of approved design information necessary to define the product type; as detailed in 21A.31.

Airworthiness Instruments CURRENT INSTRUMENTS (MILAVREG 3) PROPOSED INSTRUMENTS (EASA) Current Instrument Issued By Issued To AMTC Defence AA NIL UASOP DAA / OAA SFP STC FTP FTAA Flight Test Organisation AD Various SR DASR Instrument Replaces Issued By Issued To MTC AMTC Defence AA Part 21 (MTC Holder) Military Restricted Type Cert (MRTC) SFP UASOP Defence AA[1] STC Permit to Fly (PTF) FTP AD Defence AA / FTAA MAOC Holder / Flight Test Organisation MAOC SR MAOC Holder AD[2] Nil DGTA CAMO 1 Issue of an MRTC for a UAS may be delegated to Force Element / Senior Operational Commander 2 EMAR Definition of AD: A document issued or adopted by the authority which mandates actions to be performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this aircraft may otherwise be compromised. [1] Issue of an MRTC for a UAS may be delegated to Force Element / Senior Operational Commander [2] AD is retained but used to advise immediate safety issues that must be addressed, vice authorising flight or new policy [3] EMAR Definition of AD: A document issued or adopted by the authority which mandates actions to be performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this aircraft may otherwise be compromised.

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