曝光台 注意防骗
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5.4.2.7.2 The existing certification basis of an aircraft, engine, or propeller being considered for modification may already contain an exemption, either from the original type certification activity or from previously incorporated modifications. The applicant and ACD should assess the impact of granting an exemption against an affected airworthiness standard for which compliance was demonstrated prior to the proposed modification. The assessment should consider the overall degradation that an exemption could potentially cause on the overall aircraft, engine, or propeller level of safety, rather than just on the affected areas of the proposed modification. Any grant of exemption by a CAA on a modification should be identified and recorded as part of the certification basis.
5.4.2.8 Elect to comply
Airworthiness standards are mandatory requirements. However, there may be aspects of the standards that are not enforceable because they are offered as an optional provision (for example, ditching provisions). The decision to avail of an optional airworthiness provision rests with the applicant, and not the ACD. In addition, an applicant may elect to comply with recent amendments to the airworthiness standards that only became available after submission of the application for modification approval. “Elect to comply” in this context means a voluntary act by the applicant to include these optional standards as part of the proposed certification basis. Once the “elect to comply” items have been accepted and established by the ACD as part of the certification basis, demonstration of compliance is mandatory and not an applicant’s option. In both cases where the applicant elected to comply with later amendments or with optional airworthiness provisions, the ACD should identify and record this “elect to comply” items as part of the certification basis.
5.4.2.9 Other compliance considerations
An applicant may wish to obtain validation of its proposed modification by another States(s) at the same time it is obtaining the original approval. This is an option solely up to the discretion of the applicant as long as it can be supported at the time by the State of Design. If such validation takes place, the validating State may establish additional requirements, beyond those of the State of Design, that are a part of its type certification requirements. These might include:
a) Design-related operating requirements, where the operating rules may influence either the
design features of the product or data on the design relating to the operations of the
product that make it eligible for a particular kind of operation in a State; or
b) Additional technical requirements arising from, differences in airworthiness and environmental standards, differences in interpretation of the same standards, mandatory airworthiness action taken by a State to correct known or identified unsafe conditions and, other conditions concerning airworthiness that are necessary for the products (aircraft, engine, propeller) to comply with the laws, regulations, standards, and requirements of the Importing State.
The additional requirements from the validating States are not included in the type certification basis for the State of Design’s approval, but become a part of the type certification basis for the validating State’s Type Certificate. The State of Design need not agree with the additional requirements, but it should determine compliance with them if asked by the validating State. The State of Design should notify the validating State of any situations where it finds that the additional requirements are not compatible with the certification basis of the State of Design.
5.4.3 Establishing the means of compliance
5.4.3.1 General
It is the sole responsibility of the applicant to demonstrate compliance of the proposed modification with the certification basis established by the ACD (see Section 5.4.2 above Establishing A Certification Basis), in accordance with the means or methods accepted or agreed to by the ACD. In order to manage this aspect during the modification approval process, and before an applicant commits to any compliance action, it is necessary to agree on a certification compliance plan that clearly identifies the types of action to be applied against each item of the certification basis. The majority of States (Design or Registry) find it necessary to have a compliance plan. The certification compliance plan can be an effective tool in managing the certification programme by providing an early understanding of what is required to achieve approval and, assist in the identification of approval problems early in the programme.
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适航手册 AIRWORTHINESS MANUAL(103)
