Issues regarding Acceptable Design Data Rodger Chalk

Issues regarding Acceptable Design Data Rodger Chalk & Richard Doig

Summary § Acceptable Data per CAANZ Part 21 Appendix D § Approved, Acceptable and Authorised § FAA Developments § CAANZ position on what constitutes Acceptable Data § Problems for Operators § EASA position § Topics for discussion

Before acceptable design data … 737 -300 ZK-SJE hit by wayward baggage cart in Wellington, Jan 2009.

After acceptable design data….

CAANZ Rules § 21. 73(b)(1) – Design Changes “Design Changes are acceptable to the Director if they are described by technical data listed in Appendix D. ” § 43. 69(a)(1)(iii) - Maintenance Records “a person performing maintenance must record … in the maintenance logbook … the technical data used. ” § 43. 103(b)(2) (Part 43 Subpart C) - Requirements for certifying release-to-service “A person must not certify an aircraft … for release to service after performance of a major modification or a major repair unless … the repair or mod has been certified for conformity with acceptable technical data …” § 43. 105(a)(4)(i) (Part 43 Subpart C) - Certifying release-to-service after maintenance “A person who certifies an aircraft … for release to service after maintenance must … check that since the last annual review of airworthiness … every mod and repair has been correctly recorded and certified … referencing the applicable technical data in Appendix D to Part 21. ” § 145. 103(c) - Privileges and limitations of authorisation holders “A person authorised by an organisation certified under this part to release aircraft … shall release the aircraft … in accordance with Part 43 Subpart C. ” § 119. 65(b) and (c)(1) – Documentation “Each applicant for the grant of an airline operator certificate shall establish a procedure for the control of documentation … to ensure that … all documentation is reviewed and authorised by appropriate personnel before issue. ”

Approved, Acceptable, Authorised? § They sound similar, but there are important differences that operators, design organisations, and maintenance organisations should be aware of.

Data Authorisation § Required by CAANZ Part 119. 65(c)(1) § In the process of reviewing the data prior to authorisation, the “appropriate person” should establish the data’s acceptability by ensuring: • The data is considered acceptable data per NZCAA Rule 21. 73(b)(1) and Part 21 Appendix D. • The data is applicable to the aircraft or product. • The data is applicable to the maintenance or operational task being carried out. • The data is current. • Any affect on NZCAA Rules or Airworthiness Deviations has been considered and actioned appropriately. • Any instructions for continued airworthiness (e. g. supplementary inspections, limitations) are appropriately actioned and entered into the aircraft’s maintenance log or programme. • The aircraft configuration records are updated as applicable.

Part 21 Appendix D

Part 21 Appendix D – Interpretation and Issues § Part 21 App D (a)(10) states “data giving specific instruction for mod or repair” must come from “the manufacturer of the product for which it is to be used and which is listed in the type certificate, or by reference in the type acceptance certificate” § ANZ interpret “the manufacturer” as being one of the following: • The TC Holder or TC Product Manufacturer (OEM) • An equipment/component OEM (i. e. vendor) provided the equipment/component is approved for fitment by the TC Holder (e. g. listed in the A/C or Engine IPC) § CAANZ have previously indicated that this data from the OEM must be approved by the OEM’s aviation authority to be acceptable. * * Letter from Brian Fearnley (CAANZ) to Air NZ QA Manager dated 25 June 2002 • This CAA interpretation is not in the public arena. • The rule does not specifically state the data must be approved. • Air NZ are aware of another local operator whose procedures state that non-approved data from an OEM is acceptable. • The CAA interpretation means that for one-off repairs/mods a FAA Form 8110 -3 or 8110 -9 is mandatory for us to accept OEM data for a US based OEM. This is a major issue due to recent FAA developments. § EASA STC’s are not acceptable.

FAA Developments § Under the FAA system, minor repairs are acceptable without the need for OEM regulatory body approval. § The FAA have informed industry that it is inappropriate to approve minor repairs and that this practice is to cease. * § Major US based aircraft and engine OEM’s (eg. Boeing and General Electric) now refuse to approve minor repairs. § Therefore minor repairs are no longer approved using FAA Form 8110 -3 or 8100 -9. * FAA National Policy Notice 8000. 344 dated 18 -DEC-2006

This causes a problem for Air NZ. § FAA OEM issued minor repairs are no longer acceptable data and therefore cannot be authorised by Air NZ per NZCAR Part 119. 65. § Air NZ must approve FAA OEM issued minor repairs IAW NZCAR 21. 505. § This places an undue burden on Air NZ’s design organisation. § CAANZ have advised* it is not acceptable for a 146 organisation to make a Statement of Compliance purely based on an OEM supplied repair. An independent justification is required. § Some minor OEM repairs are very hard to justify. Type design data is not always forthcoming from the OEM. § By approving OEM repairs Air. NZ takes continuing airworthiness responsibility. § * ANZES Part 146 Audit 2009

Example from an engine OEM § High speed rotating part, 0. 008 inch deep damage at bolthole exceeds EM limit of 0. 005 inch. § OEM repair authorised power blending to 0. 010 inch deep. § OEM FEA analysis showed effect on stress very low and life limited location not affected. § Considered to be a minor departure and was therefore not FAA approved. OEM issued repair document therefore not acceptable data per Part 21 Appendix D. § Air. NZ does not have the design data to approve this type of repair.

EASA Position § EASA now consider minor repair data from an FAA OEM as approved. * § FAA Form 8110 -3 or 8100 -9 is not required. § In addition, EASA now consider non-critical minor repair design from a Maintenance Organisation using the FAA Authorising System as approved as long as the repair data has been previously used on an N-Registered aircraft. * * ED Decision 2004/04/CF dated 10 -DEC-2004.

FAA – CAANZ Bilateral § The FAA – CAANZ Bilateral agreed to facilitate acceptance of airworthiness approvals between parties. § The Implementation Procedures of the Bilateral states that “FAA-approved or accepted design data used in support of repairs” will be accepted by CAANZ without further investigation. *1 § The Implementation Procedures of the Bilateral states that “design data approved by the exporting authority in accordance with the procedures set forth below is considered to be approved by the importing authority” and “The CAA accepts data subject to the requirements of CAR Part 21 Appendix D”. *2 § CAR Part 21 Appendix D does not reflect the intent of the Bilateral in that acceptance of design data is still limited by existing rules. *1 Section 2. 3. 1. of Bilateral IPA Rev A dated 08 -JUN-2006. *2 Section 3. 3. 2. 0 of Bilateral IPA Rev A dated 08 -JUN-2006.

Design Data behind imported parts that have been repaired/modified § Per previous discussion, acceptable data must : • Come from an OEM, and • Be approved by the OEM’s aviation authority. § However, per NZCAR 21 Subpart K (21. 303 (7)) and AC 00 -1 a part may be imported from the US as long as it comes with a FAA 8130 -3 release certificate. • The part may have been repaired by an overhaul facility using non-OEM repair data (e. g. Nordam), or • The part may have been repaired using OEM minor (but not approved) repair data. • In both cases the repair data would not be acceptable per 21 App D, however because the repair has been accomplished by a FAA Part 145 Organisation and the part has been issued with a FAA 8130 -3, the part is acceptable for import into NZ. § This highlights an inconsistency in acceptable design data requirements.

Topics for Discussion § CAANZ to amend CAR Part 21 Appendix D to accept minor FAA repair data from the OEM without FAA Form 8110 -3 or FAA 8100 -9. § CAANZ to amend CAR Part 21 Appendix D to accept non-critical minor repair data from a Maintenance Organisation using the FAA Authorising System without FAA Form 8110 -3 as long as the repair data has been previously used on an NRegistered aircraft. § CAANZ to amend CAR Part 21 Appendix D to accept repair data from 3 rd party companies with FAA Form 8110 -3. § CAANZ to amend CAR Part 21 Appendix D to accept EASA STC’s. § CAANZ to clarify that parts repaired under FAA rules and issued with FAA Form 8130 -3 do not need to performed IAW Acceptable Data per Part 21 Appendix D. Part may be accepted solely per NZCAR 21 Subpart K. § CAANZ to consult with FAA to extend the scope of the Bilateral to apply to Part 33 powerplant repairs (currently FAA will accept Part 23 and Part 25 type CAA-approved design data only).