Recent Changes to Australian Regulation

1. Recent Changes to Australian Regulation Engineering & Design – Parts 21 &39

2. 21.M - Modifications & Repairs • CASR Subpart 21.M replaced the old CAR 35, 36 & 36A on 27 June 2011 • The vast majority of modifications and repairs are approved by authorised persons • Modifications & repairs are separate from STCs • STCs are approved by CASA, usually on the recommendation of an authorised person

3. 21.M - Modifications & Repairs • Authorised person acts on behalf of CASA to approve modifications and repairs • Most authorised persons also design the modification or repair • Authorised persons are required to operate to a Design Approval Procedures Manual (DAPM), part of which is CASA approved

4. 21.M - Modifications & Repairs • There are strict limits on what authorised persons can approve: • Limits on aircraft complexity (ie, Part 23, 27, 25, 29, etc) • Limits on engineering speciality (ie, structures, radio, powerplant, software, etc) • Fixed wing, rotary wing, analogue, digital • Any other limitations CASA believes appropriate

5. 21.M - Modifications & Repairs • Authorised persons do not have a free rein • must advise CASA of any alteration which is considered Major and under some other conditions specified in their DAPM • Authorised persons must find compliance with the aircraft’s certification basis • Need CASA approval to vary the design standard • Restricted category • Equivalent Safety Determinations

6. 21.M - Modifications & Repairs • Authorised persons must ensure that there are, where appropriate: • Instructions for Continuing Airworthiness • Flight Manual amendments • The holder of a modification or repair approval: • Must provide ICA and Flight Manual amendments to any operator of an affected aircraft • Is responsible for continuing airworthiness of the modification or repair

7. 21.M - Modifications & Repairs • Authorised persons often become the holder of the modification or repair that they have designed and approved. • 21.M aligns with the proposed 21.J • 21.J will replace all reference to “Authorised Person” with “Approved Design Organisation”

8. 21.J – Approved Design Organisations • CASR 21.J is currently entitled “Delegation Option Authorisation Procedures” • Based on the US FAR 21.J • No-one in Australia has applied for an authorisation under the current 21.J • Poorly understood • Not suited to Australian Industry

9. 21.J – Approved Design Organisations • New CASR 21.J is under development and will replace the existing 21.J • Based on the EASA Part 21.J, it will introduce “Approved Design Organisations” • References in 21.M to “Authorised Persons” will be changed to “ADOs” • Many other references in Part 21 will also change from “Authorised Person” to “ADO”

10. 21.J – Approved Design Organisations • Regulations are currently in draft form • Regulations will be made by the middle of 2012, and become effective in March 2013 • There will be a 4 year period for authorised persons and organisations to transition to ADOs

11. CASR 39 - Airworthiness Directives • In October 2009 CASR 39 changed to recognise State-of-Design ADs as Australian ADs. • CASA no longer issues Australian ADs which repromulgate State-of-Design ADs • CASA no longer mails out ADs to Registered Operators • It is the Registered Operator’s responsibility to find their own ADs • CASA does publish State-of-Design ADs on the CASA web site

12. CASR 39 - Airworthiness Directives • CASA can, and does, still issue its own ADs • Compliance with an Australian AD, regardless of its origin, is mandatory • State-of-Design AMOCs against a State-of-Design AD are automatically acceptable (if they are applicable). • CASA still issues its own AMOCs and Exclusions

13. QUESTIONS?