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Note.— Some States assign the responsibilities for establishing, and finding compliance with, the environmental Standards to another governmental organization, and not necessarily to their ACD. States should ensure that both the environmental and airworthiness certifications are addressed at the conclusion of the type certification activity for the affected aeronautical product.
1.3.2.3 Special conditions (SC) of airworthiness
Annex 8, Part II, 1.2.3 and 1.2.4 require that additional technical requirements be considered in cases where novel or unusual design features of a product render the appropriate airworthiness requirements inadequate. The common instrument used by many States for this purpose is the SC of airworthiness. An SC should be issued as part of the certification basis when the ACD finds that a proposed type design for an aircraft, engine or propeller incorporates novel or unusual design features and the existing applicable airworthiness standards do not contain adequate or appropriate safety standards for certifying such features. The phrase “novel or unusual” applies to the design features of the product to be certificated when compared to the applicable airworthiness Standards. For example, the airworthiness Standards may only contain provisions for use of metal for structural parts, and therefore a proposal to use composite materials will be novel or unusual to the standards. An SC should contain only such additional airworthiness Standards for the novel or unusual features as are necessary to establish a level of safety equivalent to that intended by the certification basis.
1.3.2.4 Finding of equivalent level of safety (FES)
A FES is not an additional airworthiness requirement by itself, but rather a finding of compliance with the intent of an airworthiness Standards. Usually, the applicant will identify to the ACD very early in the type certification programme of a need for an FES against certain airworthiness Standards, attributed to a peculiarity in the proposed type design. Once a need for an FES is established, whether early in the programme or later, the ACD should identify and record all FES as part of the certification basis.
1.3.2.5 Exemption
1.3.2.5.1 A request for exemption is a proposal that a non-compliance with a specific certification requirement could be allowed. All requests for exemption should be based on convincing evidence that granting the exemption relief will not adversely affect safety. A request for exemption may be denied, partly granted, or granted by the CAA. For any case involving a request for exemption, the possibility of an FES should be considered prior to accepting a request from the applicant for exemption from a specific airworthiness or environmental Standards.
1.3.2.5.2 An exemption, when granted, is not an approval, but a relief from demonstrating compliance with a specific requirement of the airworthiness or environmental Standards. An exemption is usually issued with specific conditions to ensure that granting of such relief will maintain an acceptable level of safety. Any grant of exemption by a CAA on a type certification project should be identified and recorded as part of the certification basis.
1.3.2.6 Elect to comply
Airworthiness Standards are mandatory requirements. However, there may be aspects of the Standards that are not enforceable because it is offered as an optional certification provision (for example, ditching provisions). The decision to avail of optional certification provisions rests with the applicant, and not the ACD. In addition, an applicant may choose to voluntarily comply with recent amendments to the airworthiness Standards that only became available after submission of the application for a Type Certificate. In both cases where the applicant elected to comply with later amendments or with optional certification provisions, the ACD should identify and record this voluntary compliance as part of the certification basis.
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适航手册 AIRWORTHINESS MANUAL(24)
