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1.3.2.7 Other compliance considerations
An applicant for an original Type Certificate (issued by the State of Design) may wish to obtain Type Certificate validation by another State(s) at the same time it is obtaining the original Type Certificate. 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 affect 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.
1.3.3 Establishing the means of compliance
1.3.3.1 General
It is the sole responsibility of the applicant to demonstrate compliance of the type design with the certification basis in accordance with the means or methods accepted or agreed to by the ACD. In order to manage this aspect during the type certification 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. 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 certification and, assist in the identification of certification problems early in the programme.
1.3.3.2 Means of compliance
The means of compliance is usually dictated by the specific item of the certification basis, and generally falls into one or any combination of the following:
a) Test – is performed when the requirement explicitly calls for a demonstration by test (physical, actual or simulation). Examples of test are flight test, ground test, fatigue test, simulation, fire or flammability test, environmental test (e.g. salt spray), functional test, bird-strike test, and engine ingestion test.
b) Analysis – is performed when the requirement explicitly calls for a demonstration by analysis (qualitative, quantitative, or comparative), or when the applicant can demonstrate, based on previously accepted test results, the validity of using analysis in lieu of testing. Examples of analysis are failure modes and effects analysis, flight performance data reduction and expansion, structural loads analysis, and software evaluation.
c) Inspection or evaluation – is performed against an item that does not require test or
analysis, but relies on observation, judgment, verification, evaluation, or a statement of
attestation from the applicant or its vendors/contractors.
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