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26.300 Continuing structural integrity programme for ageing aeroplanes structures — general requirements

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall establish a continuing structural integrity programme for ageing aeroplane structures, which shall comply with the requirements set out in points 26.301 to 26.309.

(b)Point (a) shall not apply to a large aeroplane model which was issued with a TC before 26 February 2021 and which meets any of the following conditions:

(i)it is listed in Table A.1 of Appendix 1 to this Annex;

(ii)it is not operated anymore after 26 February 2021;

(iii)it has not been certified to conduct civil operation with a payload or passengers;

(iv)it has a restricted TC issued before 26 February 2021 in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the approval holder’s manufacturing operation;

(v)it is certified with a restricted TC and is designed primarily for firefighting.

The exceptions provided for in points (b)(ii) to (v) shall apply only after the holder of a TC or a restricted TC submitted to the Agency before 27 May 2021 for approval a list identifying the aeroplane type and models, variations or serial numbers together with information supporting the reasons why the aeroplane has been included in the list.

(c)For a large aeroplane model which was issued with a first type certificate before 26 February 2021 and for which an existing change or repair is not and will not be incorporated in any aeroplane in operation on or after 26 February 2022, points (a)(ii) and (iii) of point 26.307 and point 26.308(a)(ii) shall not apply if before 26 February 2022 the holder of a TC or a restricted TC submitted to the Agency for approval the list of all changes and repairs.

CS 26.300(c), 26.330(c) and (d) Substantiation of change and repair status

ED Decision 2020/023/R

Compliance with points 26.300(c), 26.330(c) and 26.330(d) of Part-26 is demonstrated by complying with points (a) or (b) of this CS:

(a)The change or repair is only applicable to an aeroplane that is demonstrated to be excluded from the ageing aeroplane requirements for damage tolerance in accordance with points 26.300(b) or 26.330(b) of Part-26.

(b)Evidence is provided showing that the change or repair is only incorporated into aeroplanes not in operation after:

(1)26 February 2022 for demonstration of compliance with point 26.300(c) of Part-26; or

(2)26 August 2022 for demonstration of compliance with point 26.330(c) of Part-26,

and it is demonstrated that such change or repair will not be incorporated into any other aeroplanes.

[Issue: 26/3]

GM1 26.300(c) and 26.330(c) Substantiation of change and repair status

ED Decision 2020/023/R

The demonstration that a change or repair will not be incorporated into any other aeroplane can be achieved by:

(a)providing evidence that there are no available kits for such changes or repairs; or

(b)providing evidence that if kits are available, they will not be sold; or

(c)ensuring that no future production of such change/repair kits is permitted; or

(d)limiting the applicability of the changes and repairs subject to point 26.300(c) of Part-26 by updating the associated instructions for continued airworthiness.

[Issue: 26/3]

GM1 26.300(b) and 26.330(b) Guidance on applicability

ED Decision 2020/023/R

Any product for which the TC has been surrendered is not subject to points 26.300 to 26.334 of Part-26.

For aeroplane models with an EASA TC, the wording ‘not operated any more’ means that no aeroplanes of that model are operated anywhere in the world after 26 February 2021.

The following non-exhaustive list provides examples of how to demonstrate that an aeroplane model is not operated any more:

Provide evidence that all the examples of that aeroplane model have been scrapped;

Provide evidence that all the remaining examples of that aeroplane model are no longer in airworthy condition and are not expected to return to service in the future (e.g. permanent storage for the purpose of being transferred to a museum or scrapped).

[Issue: 26/3]

26.301 Compliance Plan for (R)TC holders

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall:

(i)establish a compliance plan for continuing structural integrity that describes the planned demonstration of compliance with the requirements set out in points 26.302 to 26.309;

(ii)submit the compliance plan for continuing structural integrity referred in paragraph (i) to the Agency before 27 May 2021 for approval.

(b)An applicant for a TC or restricted TC referred to in letter (c) of Article 1 paragraph 2 shall:

(i)establish a compliance plan for continuing structural integrity that describes the planned demonstration of compliance with the requirements set out in points 26.303 to 26.306;

(ii)submit the compliance plan for continuing structural integrity referred to in paragraph (i) to the Agency before 27 May 2021 or, before the issuance of the certificate, if it occurs later, for approval.

CS 26.301 Compliance plan for (R)TC holders and applicants

ED Decision 2020/023/R/R

Compliance with point 26.301 of Part-26 is demonstrated when a compliance plan exists that includes the following:

(a)a project schedule identifying all the major milestones for meeting the compliance dates as specified in points 26.302 to 26.309 of Part-26, as applicable;

(b)a proposed means of compliance with the applicable requirements as specified in points 26.302 to 26.309 of Part-26, including as appropriate, methods and procedures for:

(1)performing the damage tolerance evaluation (DTE) of baseline structure, modified structure and published repairs;

(2)identifying the aeroplane structural configuration to be evaluated;

(3)identifying widespread fatigue damage (WFD)-susceptible structure;

(4)identifying the source of engineering data that will be used to perform the required evaluations;

(5)performing the WFD evaluation of structure;

(6)establishing a limit of validity (LOV) and plans for distribution upon approval (including incorporation of the LOV into the (airworthiness limitation section) ALS);

(7)identifying and developing the maintenance actions required to support the LOV;

(8)developing a baseline corrosion prevention and control programme (CPCP);

(9)establishing a process to ensure the continuing structural integrity programme remains valid;

(10)establishing the list of fatigue-critical baseline structures (FCBSs);

(11)developing the repair evaluation guidelines (REGs);

(c)a plan for submitting a draft of all the required compliance items for review by EASA not less than 60 days before the applicable compliance date.

[Issue: 26/3]

26.302 Fatigue and damage tolerance evaluation

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC, for a large aeroplane certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall carry out a fatigue and damage tolerance evaluation of the aeroplane structure and develop the DTI that will prevent catastrophic failures due to fatigue throughout the operational life of the aeroplane.

(b)Unless the documentation describing the DTI referred to in paragraph (a) have already been approved by the Agency in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, the holder of a TC or a restricted TC shall submit that documentation to the Agency before 26 February 2023 for approval.

CS 26.302 Fatigue and damage tolerance evaluation

ED Decision 2020/023/R

Compliance with point 26.302 of Part-26 is demonstrated by complying with CS 25.571 Amendment 19, or subsequent amendment, or with points (a) or (b) of this CS:

(a)For aeroplane structures certified on the basis of JAR 25.571 Change 6 or 14 CFR §25.571 Amendment 44 or equivalent, or earlier amendments, a fatigue and damage tolerance evaluation according to JAR 25.571 Change 7 or 14 CFR §25.571 Amendment 45 or equivalent, or later amendment, exists, except that residual strength loads may be based upon the fail-safe load cases of the original certification basis. In addition, the inspection and other procedures resulting from this evaluation:

(1)are contained in an existing ALS; or

(2)are contained in a supplemental structural inspection document (SSID) mandated by an airworthiness directive (AD).

In both cases, the documentation includes the time in flight cycles, flight hours or another relevant measure by which the actions within the ALS/SSID are implemented.

(b)For aeroplane structures certified on the basis of JAR 25.571 Change 7 or 14 CFR §25.571 Amendment 45 or equivalent, or later amendments: the inspections or other procedures resulting from the DTE required by that certification basis are included in the ALS.

[Issue: 26/3]

26.303 Limit of Validity

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC, for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, and certified with a MTOW greater than 34 019 kg (75 000 lb), shall:

(i)establish a limit of validity (LOV) and include that LOV in an amended ALS;

(ii)identify existing and new maintenance actions upon which the LOV depends, and develop service information necessary to implement those maintenance actions and submit the service information for the maintenance actions to the Agency in accordance with a binding schedule agreed with the Agency.

The aeroplane structural configurations to be evaluated for the purpose of establishing the LOV shall include all model variations and derivatives approved under the TC before 26 February 2021 and all structural changes and replacements to the structural configurations of those aeroplanes that are required by an airworthiness directive issued before 26 February 2021.

By way of derogation from point (ii), a holder of a TC or a restricted TC for a large aeroplane shall not be required to develop and submit to the Agency the service information for a maintenance action applicable to a large aeroplane model that will not be operated anymore after the scheduled point of submission for the service information of that maintenance action. For this exception to take effect, the holder of a TC or a restricted TC shall inform the Agency not later than the date on which the aeroplane model ceases operation.

(b)The holder of the TC or the restricted TC shall submit the LOV established in accordance with point (a) and the amendment to the ALS referred to in that point together with the binding schedule to the Agency, before the deadlines established in the following points (i), (ii) and (iii), for approval:

(i)26 August 2022 for a fatigue-critical structure with a certification basis that does not include a damage tolerance evaluation;

(ii)26 February 2026 for an aeroplane structure subject to ongoing full-scale fatigue testing on the date of the applicability of this amending Regulation;

(iii)26 February 2025 for all other aeroplane structures.

(c)An applicant for a TC or a restricted TC, as referred to in Article 1(2)(c), for a large aeroplane with a MTOW greater than 34 019 kg (75 000 lb), shall:

(i)establish a LOV and include that LOV in the ALS;

(ii)identify existing and new maintenance actions upon which the LOV depends, and develop service information necessary to implement those maintenance actions and submit the service information for the maintenance actions to the Agency in accordance with a binding schedule agreed with the Agency.

(d)The applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), shall submit the LOV established in accordance with point (c) of this point and the ALS referred to in that point together with the binding schedule to the Agency, for approval:

(i)before the date approved by the Agency in the plan of the applicant for completing tests and analyses of any aeroplane structure requiring new full-scale fatigue testing to support the establishment of the LOV;

(ii)before 26 February 2025 for all other aeroplane structures.

CS 26.303(a) and (c) Limit of validity

ED Decision 2024/010/R

Compliance with points 26.303(a) and (c) of Part26 is demonstrated by complying with CS 25.571 Amendment 19, or subsequent amendment, or with the following:

(a)The evaluation supporting the LOV required by point 26.303 of Part26 includes a substantiation that WFD will not occur in the aeroplane structure. An ALS exists and includes the LOV of each aeroplane structural configuration required by point 26.303 of Part26 and each LOV is supported by sufficient test evidence, analysis and, if available, service experience and teardown inspection results of high-time aeroplanes of similar structural design, accounting for differences in operating conditions and procedures. Where the certification basis of the aeroplane includes mixed requirements with respect to the CS/CFR Part 25/JAR 25.571 amendment status, the earliest amendment is used to define the compliance times.

(b)A list is established of all the maintenance actions upon which the LOV is dependent. The list identifies existing mandated actions, existing actions that have not been mandated at the date of entry into force of the rule and any new maintenance actions required. A schedule for the development and submission of the maintenance actions to EASA is agreed by EASA prior to the approval of the LOV. For compliance times, refer to points 26.303(b) or 26.303(d) of Part26, as applicable. The new maintenance actions are established, and, together with the existing non-mandated actions, are submitted to EASA for approval according to the schedule agreed by EASA.

(c)Additional means of compliance are provided by Paragraph 8 of and Appendix 2 to AMC 2020A.

[Issue: 26/3]

[Issue: 26/5]

GM1 26.303(a) Derogation from point (a)(ii)

ED Decision 2020/023/R

Compliance with point 26.303(a)(ii) of Part-26 is not required if the holder of the (R)TC demonstrates that the aeroplane models affected by the service information for a maintenance action will not be operated any more after the scheduled point of submittal for the service information of that maintenance action.

The wording ‘not operated any more’ means that no aeroplanes of that model are operated anywhere in the world after the scheduled point of submittal of the service information.

The following non-exhaustive list provides examples of how to demonstrate that an aeroplane model is not operated any more:

Provide evidence that all the examples of that aeroplane model have been scrapped;

Provide evidence that all the remaining examples of that aeroplane model are no longer in airworthy condition and are not expected to return into service in the future (e.g. permanent storage for the purpose of being transferred to a museum or scrapped).

[Issue: 26/3]

26.304 Corrosion prevention and control programme

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall establish a baseline corrosion prevention and control programme (CPCP).

(b)Unless the baseline CPCP referred to in point (a) has already been approved by the Agency in accordance with point 21.A.3B(c)(1) of Annex I (Part 21) to Regulation (EU) No 748/2012 or in a maintenance review board report (MRBR) approved by the Agency, the holder of a TC or a restricted TC shall submit the CPCP to the Agency before 26 February 2023, for approval.

(c)An applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), for a large aeroplane shall establish a baseline CPCP prior to the TC being issued.

CS 26.304(a) CPCP

ED Decision 2024/010/R

Compliance with point 26.304 of Part26 is demonstrated by complying with CS 25.571 Amendment 19 or subsequent amendment, or with points (a) or (b) of this CS:

(a)A baseline CPCP is established according to AMC 2020A Paragraph 9 or equivalent means, which includes a statement that requires to control corrosion to Level 1 or better, and is submitted to EASA for approval.

(b)A baseline CPCP already exists for the type that is either approved by EASA through the maintenance review board (MRB) and industry steering committee (ISC) using existing procedures for EASA maintenance review board report (MRBR) approval or through an existing EASA AD.

[Issue: 26/3]

[Issue: 26/5]

26.305 Validity of the continuing structural integrity programme

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall establish and implement a process that ensures that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experience and current operations.

(b)The holder of a TC or a restricted TC shall submit a description of the process referred to in point (a) to the Agency before 26 February 2023 for approval. The holder of a TC or a restricted TC shall implement the process within 6 months after its approval by the Agency.

(c)An applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), for a large aeroplane, shall establish and implement a process that ensures that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experience and current operations. It shall submit a description of the process to the Agency before 26 February 2023, or before the issuance of the certificate, whichever occurs, for approval and shall implement the process within 6 months after its approval by the Agency.

CS 26.305(a) and (c) Validity of the continuing structural integrity programme

ED Decision 2020/023/R

Compliance with points 26.305(a) and 26.305(c) of Part-26 is demonstrated by complying with the following:

(a)Except as provided in point (h) of this CS, a process exists, and a report is submitted to EASA that describes the process and how it is implemented;

(b)The process is either continuous with each service finding, or is a regular review following several findings, or a combination of both;

(c)The process includes a plan to audit and report to EASA the effectiveness of the continuing structural integrity programme, including the continuing validity of the assumptions upon which it is based, prior to reaching any significant point in the life of the aeroplane;

(d)The process includes criteria for summarising findings of fatigue, environmental or accidental damage and their causes, and recording them in a way that allows any potential interaction to be evaluated;

(e)The process includes criteria to assess and record the relevance of each potential contributing factor to the finding, including operational usage, fatigue load spectra, environmental conditions, material properties, manufacturing processes and the fatigue and damage tolerance analytical methods of analysis and their implementation;

(f)The process includes criteria for establishing and revising sampling programmes to supplement the inspections and other procedures established in compliance with the applicable fatigue and damage tolerance requirements; and

(g)The process includes criteria for establishing when structures should be modified, or the inspection programme revised, in the light of in-service damage findings;

(h)Sunset criteria: The extent to which the above elements of the process require definition may be tailored to the size of the fleet and its expected useful remaining life.

(i)Additional means of compliance may be found in Paragraph 5 of and Appendix 5 to AMC 20-20A.

[Issue: 26/3]

26.306 Fatigue-critical baseline structure

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, shall identify and list the fatigue-critical baseline structures (FCBS) for all aeroplane model variations and derivatives included in the TC or restricted TC.

(b)The holder of a TC or a restricted TC shall submit the list of the structures referred to in point (a) to the Agency before 26 August 2021, for approval.

(c)Upon approval of the list referred to in point (a) by the Agency, the holder of a TC or a restricted TC shall make it available to the holders of a STC or a major change approval that are required to comply with point 26.330, and to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370.

(d)An applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), for a large aeroplane to be certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, shall identify and list the FCBS for all aeroplane model variations and derivatives included in the TC or restricted TC. It shall submit the list of these structures to the Agency before 26 August 2021, or before the issuance of the certificate, whichever occurs later, for approval.

(e)Upon approval of the list referred to in point (d) by the Agency, the applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), shall make it available to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370.

CS 26.306(a) and (d) Fatigue-critical baseline structure

ED Decision 2020/023/R

Compliance with points 26.306(a) and 26.306(d) of Part-26 is demonstrated when a list of the FCBSs exists that has been identified in compliance with AMC 25.571 Appendix 5 or AMC 20-20A Appendix 3 paragraph 3.3, and which clearly describes the location and the extent of the FCBSs.

[Issue: 26/3]

26.307 Damage tolerance data for existing changes to fatigue-critical structure

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958 and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, for changes and fatigue-critical modified structures (FCMS) existing on 26 February 2021 shall:

(i)review existing design changes and identify all changes that affect FCBS identified in accordance with point 26.306;

(ii)for each change identified in accordance with point (i), identify any associated FCMS;

(iii)for each change identified in accordance with point (i), perform a damage tolerance evaluation and establish and document the associated DTIs.

(b)The holder of a TC or a restricted TC shall submit the list of all FCMS identified in accordance with point (a)(ii) to the Agency before 26 February 2022, for approval.

(c)The holder of a TC or a restricted TC shall submit the damage tolerance data, including DTI, resulting from the evaluation performed in accordance with point (a)(iii) to the Agency before 26 August 2022, for approval.

(d)Upon approval by the Agency of the FCMS list submitted in accordance with point (b), the holder of a TC or a restricted TC shall make that list available to the holders of a STC or a major change approval that are required to comply with point 26.330 and to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370.

CS 26.307(a)(i),(ii) and (b) List of fatigue-critical modified structure

ED Decision 2020/023/R

Compliance with points 26.307(a)(i) and (ii) and 26.307(b) of Part-26 is demonstrated when a list of the fatigue-critical modified structures (FCMSs) exists that has been identified in compliance with AMC 20-20A Appendix 3 paragraph 4, and which clearly describes the location and the extent of the FCMS.

[Issue: 26/3]

CS 26.307(a)(iii) and (c) Damage tolerance data for existing changes to the FCS

ED Decision 2020/023/R

Compliance with the fatigue and damage tolerance evaluation required by point 26.307 (a)(iii) and (c) of Part-26 is demonstrated by complying with CS 25.571 Amendment 19 or subsequent amendment, or with the following:

(a)The fatigue and damage tolerance evaluation is in accordance with the damage tolerance requirements of the applicable certification basis, except as provided in point (b) of this CS.

(b)For aeroplanes certified on the basis of JAR-25 Change 6 or 14 CFR §25.571 Amendment 44 or equivalent, or earlier amendments, the fatigue and damage tolerance evaluation of the change is in accordance with JAR-25 Change 7 or 14 CFR §25.571 Amendment 45, or equivalent, or later amendments, except that residual strength loads may be based upon the fail-safe load cases of the original certification basis.

[Issue: 26/3]

26.308 Damage tolerance data for existing repairs to fatigue-critical structure

Regulation (EU) 2024/2954

(a)holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958 and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, for published repairs existing on 26 February 2021 shall:

(i)review the repair data and identify each repair specified in the data that affects the FCBS and the FCMS identified in accordance with point 26.306(a) and point 26.307(a)(ii);

(ii)perform a damage tolerance evaluation for each repair identified in accordance with point (i), unless previously performed.

(b)The holder of a TC or a restricted TC shall submit the damage tolerance data, including the damage tolerance inspections (DTI), resulting from the evaluation performed in accordance with point (a)(ii) to the Agency before 26 May 2022, for approval, unless it is already approved in accordance with point 21.A.435(b)(2) of Annex I (Part 21) to Regulation (EU) No 748/2012 before 26 August 2022.

CS 26.308 Damage tolerance data for existing published repairs to fatigue-critical structure

ED Decision 2020/023/R

Compliance with point 26.308(a) of Part-26 is demonstrated when damage tolerance data is developed in accordance with AMC 20-20A Paragraph 7 and Appendix 3 for each existing published repair to the fatigue-critical structure (FCS) identified in accordance with points 26.306 and 26.307 of Part26.

[Issue: 26/3]

26.309 Repair evaluation guidelines

Regulation (EU) 2024/2954

(a)A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958 and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, and for which the TC or restricted TC was issued before 11 January 2008, shall develop repair evaluation guidelines (REGs) to establish:

(i)a process for conducting surveys of affected aeroplanes that enables the identification and documentation of all existing repairs affecting the fatigue-critical structures identified in accordance with point 26.306(a) and point 26.307(a)(ii);

(ii)a process that enables operators and organisations responsible for the management of continuing airworthiness to obtain a DTI for repairs identified in accordance with point (i);

(iii)an implementation schedule that provides time frames for conducting aeroplane surveys, obtaining DTIs and incorporating DTIs into the maintenance programme of the aeroplane.

(b)The holder of a TC or a restricted TC shall submit the REGs developed in accordance with point (a) to the Agency before 26 February 2023, for approval.

CS 26.309 Repair evaluation guidelines

ED Decision 2020/023/R

Compliance with point 26.309 of Part-26 is demonstrated when REGs are developed in accordance with AMC 20-20A Paragraph 7 and Appendix 3 for existing reinforcing repairs affecting the FCS identified in accordance with points 26.306 and 26.307 of Part-26.

[Issue: 26/3]

26.330 Damage tolerance data for existing supplemental type certificates (STCs), other existing major changes and existing repairs affecting those STCs or changes

Regulation (EU) 2024/2954

(a)A holder of a STC issued before 26 February 2021, or a holder of a major change approval that has been deemed approved in accordance with Article 4 of Regulation (EU) No 748/2012, for large aeroplanes certified on or after 1 January 1958 to carry 30 or more passengers, or with a payload capacity of 3 402 kg (7 500 lb) or more, shall address the adverse effects of those changes and repairs to those changes on the aeroplane structure to support the compliance with point 26.370(a)(ii) and shall comply with the requirements set out in points 26.331 to 26.334.

(b)Point (a) shall not apply to major changes and repairs to a large aeroplane model first certified before 26 February 2021 when that aeroplane model meets any of the following conditions:

(i)it is listed in Table A.1 of Appendix 1 to this Annex;

(ii)it is not operated anymore after 26 February 2021;

(iii)it has not been certified to conduct civil operation with a payload or passengers;

(iv)it has a restricted TC and has been certified in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the restricted TC holder’s manufacturing operation;

(v)it is issued with a restricted TC and is designed primarily for firefighting.

(c)Point (a) shall not apply to major changes and repairs to a large aeroplane first certified before 26 February 2021 when the changes or repairs are not, and will not be, incorporated in any large aeroplane in operation on or after 26 August 2022.

(d)The exceptions provided for in points (b)(ii) to (v) and (c) shall apply only after the change approval holder submits a list of changes that affect the FCBS, together with information supporting the reasons why each change has been included in the list, to the Agency before 26 February 2022 for approval.

CS 26.300(c), 26.330(c) and (d) Substantiation of change and repair status

ED Decision 2020/023/R

Compliance with points 26.300(c), 26.330(c) and 26.330(d) of Part-26 is demonstrated by complying with points (a) or (b) of this CS:

(a)The change or repair is only applicable to an aeroplane that is demonstrated to be excluded from the ageing aeroplane requirements for damage tolerance in accordance with points 26.300(b) or 26.330(b) of Part-26.

(b)Evidence is provided showing that the change or repair is only incorporated into aeroplanes not in operation after:

(1)26 February 2022 for demonstration of compliance with point 26.300(c) of Part-26; or

(2)26 August 2022 for demonstration of compliance with point 26.330(c) of Part-26,

and it is demonstrated that such change or repair will not be incorporated into any other aeroplanes.

[Issue: 26/3]

26.331 Compliance plan for STC holders

Regulation (EU) 2024/2954

The approval holder referred to in point 26.330(a) shall:

(a)establish a compliance plan that addresses the requirements of points 26.332 to 26.334;

(b)submit the compliance plan referred to in point (a) of this point to the Agency before 25 August 2021, for approval.

CS 26.331 Compliance plan for STC holders

ED Decision 2020/023/R

Compliance with point 26.331 of Part-26 is demonstrated when a compliance plan exists that includes:

(a)a project schedule identifying all the major milestones for meeting the compliance times specified in points 26.332 to 26.334 of Part-26;

(b)an explanation of how the changes that affect the FCS will be identified and presented;

(c)a proposed means of compliance with the DTE required by points 26.333 and 26.334 of Part-26;

(d)a plan for submitting drafts of all the compliance items required by point 26.330 of Part-26 for review by EASA not less than 60 days before the applicable compliance date.

[Issue: 26/3]

26.332 Identification of changes affecting fatigue-critical structure

Regulation (EU) 2024/2954

(a)The approval holder referred to in point 26.330(a) shall:

(i)review the changes and identify those changes that affect FCBS;

(ii)for each change identified in accordance with point (i), identify any associated FCMS;

(iii)identify the published repairs affecting each change identified in accordance with point (i).

(b)For a change approval that was issued on or after 1 September 2003, the approval holder referred to in point (a) shall develop and submit a list of the changes and FCMS identified in accordance with points (a)(i) and (ii) to the Agency before 26 February 2022 for approval, and, upon approval by the Agency, make the list available to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370(a)(ii).

(c)For a change approval that was issued before 1 September 2003, the approval holder referred to in point (a) shall:

(i)develop and submit a list of the changes identified in accordance with point (a)(i) to the Agency before 26 February 2022, for approval;

(ii)upon request of operators and organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370(a)(ii), identify and list any FCMS associated with the change and submit this data to the Agency within 12 months from the request, for approval;

(iii)upon approval of any data submitted according to points (c)(i) and (ii), make that data available to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370(a)(ii).

CS 26.332 Identification of changes affecting fatigue-critical structure

ED Decision 2020/023/R

(a)Compliance with points 26.332(a)(i) and 26.332(b) or 26.332(c)(i) of Part-26 is demonstrated when the changes affecting the FCBS are identified in compliance with AMC 20-20A Appendix 3 paragraph 4, and the list of changes has been submitted to EASA for approval.

(b)Compliance with points 26.332(a)(ii) and 26.332(b) or 26.332(c)(ii) of Part-26 is demonstrated when any associated FCMS has been identified in compliance with AMC 20-20A Appendix 3 paragraph 4, and the list of the FCMSs clearly describing the location and the extent of the FCMSs has been submitted to EASA for approval.

[Issue: 26/3]

GM1 26.332(a)(iii) Identification of published repairs to changes affecting fatigue-critical structure

ED Decision 2020/023/R

There is no requirement to list the published repairs to changes; however, the change approval holder will need to have identified these repairs in order to subsequently comply with points 26.333(a)(i) and 26.334(a)(i) of Part-26.

‘Published repairs’ are described in AMC 20-20A, Appendix 3, paragraph 4.3.3.

[Issue: 26/3]

GM1 26.332(c)(ii) and 26.334 FCMS and DTE for STCs and other changes approved prior to 1 September 2003

ED Decision 2024/010/R

The design approval holder should normally receive a request from an operator or an organisation responsible for the management of continuing airworthiness (hereinafter ‘the requester’) for FCMS lists and a DTI by 26 March 2022. The request should result in the design approval holder listing the FCMSs, performing a DTE and making the approved FCMS list and a DTI available to the requester.

Design approval holders are recommended to initiate DTE of STCs and other changes as soon as possible if it is considered likely that a request will be made.

When a request is received, the date of its receipt should be recorded, and a record kept of the subsequent communications with the requester, the agreements reached, and actions taken. An example of such records would be a copy of the contract to perform the DTE.

If no request for a DTI is made prior to 26 February 2023, the design approval holder may assume that their support is not required to develop a DTI because the aeroplane is not currently in operation according to Regulation (EU) No 965/2012 Annex IV (PartCAT).

In this case, it is not necessary for the design approval holder to develop an FCMS list or DT data until such a request is received; for example, when an aeroplane is incorporated into a fleet.

Note: It might also be possible that an operator or an organisation responsible for the management of continuing airworthiness has engaged the support of a third party to develop the DTI, but there is no obligation on the design approval holder to verify whether this is the case. If a design approval holder is in a situation where the need to comply with point 26.334 of Part26 is not clear, this should be highlighted to EASA in the frame of the discussion of the compliance plan required in point 26.331 of Part26 in order to find a way forward.

[Issue: 26/3]

[Issue: 26/5]

26.333 Damage tolerance data for STCs and repairs affecting those STCs approved on or after 1 September 2003

Regulation (EU) 2024/2954

(a)For a change approval that was issued on or after 1 September 2003, the approval holder referred to in point 26.330(a) shall:

(i)for changes and published repairs identified in accordance with points (a)(i) and (a)(iii) of point 26.332, respectively, perform a damage tolerance evaluation;

(ii)establish and document the associated DTI, unless this has already been done.

(b)The approval holder referred to in point (a) shall submit the damage tolerance data resulting from the damage tolerance evaluation performed in accordance with point (a)(i) to the Agency before 26 February 2023, for approval, unless it is already approved in accordance with point 21.B.111 of Annex I (Part 21) to Regulation (EU) No 748/2012.

(c)By way of derogation from point (b), for changes that did not have a damage tolerance evaluation requirement in the certification basis, the approval holder referred to in point (a) shall submit the damage tolerance data resulting from the damage tolerance evaluation performed in accordance with point (a) to the Agency, within the following deadlines, whichever occurs later, for approval:

(i)prior to an aeroplane with that change incorporated being operated in accordance with Annex IV (Part- CAT) to Regulation (EU) No 965/2012; or

(ii)before 26 February 2023.

CS 26.333 and 26.334 Damage tolerance data for STCs, other changes and repairs to those STCs and changes

ED Decision 2020/023/R

Compliance with the fatigue and damage tolerance evaluation required by points 26.333(a)(i) or 26.334(a)(i) of Part-26 is demonstrated by complying with CS 25.571 Amendment 19, or subsequent amendment, or with the following:

(a)The fatigue and damage tolerance evaluation is accomplished in accordance with the damage tolerance requirements of the applicable certification basis or a later amendment, except as provided in point (b) of this CS.

(b)For aeroplanes certified on the basis of JAR-25 Change 6 or 14 CFR §25.571 Amendment 44 or equivalent, or an earlier amendment, the fatigue and damage tolerance evaluation of the change or repair is accomplished in accordance with JAR-25 Change 7 or 14 CFR §25.571 Amendment 45, or equivalent, or later amendments, except that residual strength loads may be based upon the fail-safe load cases of the original certification basis.

[Issue: 26/3]

26.334 Damage tolerance data for STCs and other existing major changes and repairs affecting those STCs or changes approved before 1 September 2003

Regulation (EU) 2024/2954

(a)Upon request of operators and organisations responsible for the management of continuing airworthiness, to support the compliance with point 26.370(a)(ii), for a change approval that was issued before 1 September 2003, the approval holder referred to in point 26.330(a) shall:

(i)for changes and published repairs identified in accordance with points (a)(i) and (a)(iii) of point 26.332, respectively, perform a damage tolerance evaluation;

(ii)establish and document the associated DTI, unless this has already been done.

(b)The approval holder referred to in point (a) shall submit the damage tolerance data resulting from the evaluation performed in accordance with point (a)(i) to the Agency:

(i)within 24 months from receipt of a request, for requests received before 26 February 2023, for approval; or

(ii)before 26 February 2025 or within 12 months from receipt of a request, whichever occurs later, for requests received on or after 26 February 2023, for approval.

CS 26.333 and 26.334 Damage tolerance data for STCs, other changes and repairs to those STCs and changes

ED Decision 2020/023/R

Compliance with the fatigue and damage tolerance evaluation required by points 26.333(a)(i) or 26.334(a)(i) of Part-26 is demonstrated by complying with CS 25.571 Amendment 19, or subsequent amendment, or with the following:

(a)The fatigue and damage tolerance evaluation is accomplished in accordance with the damage tolerance requirements of the applicable certification basis or a later amendment, except as provided in point (b) of this CS.

(b)For aeroplanes certified on the basis of JAR-25 Change 6 or 14 CFR §25.571 Amendment 44 or equivalent, or an earlier amendment, the fatigue and damage tolerance evaluation of the change or repair is accomplished in accordance with JAR-25 Change 7 or 14 CFR §25.571 Amendment 45, or equivalent, or later amendments, except that residual strength loads may be based upon the fail-safe load cases of the original certification basis.

[Issue: 26/3]

GM1 26.332(c)(ii) and 26.334 FCMS and DTE for STCs and other changes approved prior to 1 September 2003

ED Decision 2024/010/R

The design approval holder should normally receive a request from an operator or an organisation responsible for the management of continuing airworthiness (hereinafter ‘the requester’) for FCMS lists and a DTI by 26 March 2022. The request should result in the design approval holder listing the FCMSs, performing a DTE and making the approved FCMS list and a DTI available to the requester.

Design approval holders are recommended to initiate DTE of STCs and other changes as soon as possible if it is considered likely that a request will be made.

When a request is received, the date of its receipt should be recorded, and a record kept of the subsequent communications with the requester, the agreements reached, and actions taken. An example of such records would be a copy of the contract to perform the DTE.

If no request for a DTI is made prior to 26 February 2023, the design approval holder may assume that their support is not required to develop a DTI because the aeroplane is not currently in operation according to Regulation (EU) No 965/2012 Annex IV (PartCAT).

In this case, it is not necessary for the design approval holder to develop an FCMS list or DT data until such a request is received; for example, when an aeroplane is incorporated into a fleet.

Note: It might also be possible that an operator or an organisation responsible for the management of continuing airworthiness has engaged the support of a third party to develop the DTI, but there is no obligation on the design approval holder to verify whether this is the case. If a design approval holder is in a situation where the need to comply with point 26.334 of Part26 is not clear, this should be highlighted to EASA in the frame of the discussion of the compliance plan required in point 26.331 of Part26 in order to find a way forward.

[Issue: 26/3]

[Issue: 26/5]

26.370 Maintenance programme

Regulation (EU) 2024/2954

(a)Operators of large aeroplanes certified on or after 1 January 1958 shall ensure that the maintenance programmes of those aeroplanes include:

(i)for large aeroplanes certified to carry 30 passengers or more, or with a payload capacity greater than 3 402 kg (7 500 lb), approved DTIs;

(ii)for large aeroplanes operated in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012 and certified to carry 30 passengers or more, or with a payload capacity greater than 3 402 kg (7 500 lb), a means for addressing the adverse effects that repairs and changes may have on fatigue-critical structures and on inspections provided for in point (a)(i);

(iii)for large aeroplanes certified with a MTOW greater than 34 019 kg (75 000 lb), an approved LOV;

(iv)a CPCP.

(b)The following deadlines shall apply to the obligation referred to in point (a):

(i)the maintenance programme of the aeroplanes shall be revised to address the requirements of points (a)(i), (ii) and (iv) before 26 February 2024 or before operating the aeroplane, whichever occurs later;

(ii)the maintenance programme of the aeroplanes shall be revised to address the requirements of point (a)(iii) before 26 August 2021, or 6 months after the publication of the LOV, or before operating the aeroplane, whichever occurs later.

(c)For a large aeroplane model first certified before 26 February 2021 and:

(i)that is not operated anymore after 26 February 2024, points (a)(i), (a)(ii) and (a)(iv) shall not apply;

(ii)that is not operated anymore after 26 August 2021, point (a)(iii) shall not apply;

(iii)with a restricted TC issued before 26 February 2021 in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the approval holder’s manufacturing operation, points (a)(i), (a)(ii) and (a)(iv) shall not apply.

(d)For a large aeroplane model with a restricted TC issued before 26 February 2021 and the primary purpose of which is firefighting, points (a)(i) and (a)(ii) shall not apply.

CS 26.370 Maintenance programme

ED Decision 2024/010/R

(a)Compliance with point 26.370(a)(i) of Part26 is demonstrated if the maintenance programme incorporates the approved DTIs developed by the design approval holders in accordance with CS 26.302.

(b)Compliance with point 26.370(a)(ii) of Part26 is demonstrated if compliance with point (i) of this CS is demonstrated or the adverse effects that repairs and changes may have on FCS are addressed by:

(1)incorporating into the maintenance programme all available approved DTIs for changes by 26 February 2024 following compliance with points (c) to (e) of this CS;

(2)complying with point (f) of this CS;

(3)incorporating in the maintenance programme the approved DTIs for all other repairs and changes in accordance with the schedule adopted in a plan to be included, or referred to, in the maintenance programme by 26 February 2024 in compliance with points (g) and (h) of this CS.

(c)Review of aeroplane records and initial request for data

(1)A candidate list of the major changes in the aeroplane that affect or include FCS has been identified by means of a review of records, and listed in a report prepared by the organisation responsible for the management of continuing airworthiness and for the establishment of the maintenance programme, by 26 February 2022.

(2)Requests for FCMS lists and DTIs for changes identified in point (c)(1) above as supplemental type certificates (STCs) and other existing major changes, approved prior to 1 September 2003, are submitted to the design approval holder by 26 March 2022, or an alternative source of approved DTIs is identified.

(3)A final list of the major changes of the aeroplane that affect or include FCS, taking into account the candidate list in point (c)(1) above, the available design approval holder lists of changes that affect the FCBS and the evaluation from the organisation responsible for the management of continuing airworthiness, is included in a report prepared by the organisation responsible for the management of continuing airworthiness. The report should be completed by 26 August 2022 or before operating the aeroplane in accordance with Annex IV (PartCAT) to Regulation (EU) No 965/2012, whichever occurs later.

(d)Review of design approval holder compliance data

A review has been conducted by the organisation responsible for the management of continuing airworthiness of the applicable documents supplied by type-certificate (TC) holders and STC holders in compliance with points 26.302, 26.306 to 26.309 and 26.332 to 26.334 of Part26, which supports the identification of the available FCS and DTIs relevant to each aeroplane.

(e)DTIs that should be incorporated into the maintenance programme before 26 February 2024

For changes with an approved DTI that is available and compliant with points 26.307 or 26.333 of Part26, all the applicable DTIs should be incorporated into the maintenance programme by 26 February 2024 or before operating the aeroplane in accordance with Annex IV (PartCAT) to Regulation (EU) No 965/2012, whichever occurs later.

(f)Changes incorporated in an aeroplane imported to the EU after 26 February 2021

For all major changes affecting FCS incorporated in an aeroplane that is imported to the EU after 26 February 2021, the applicable approved DTI should be obtained and incorporated into the maintenance programme by 26 February 2024 or before operating the aeroplane in accordance with Annex IV (PartCAT) to Regulation (EU) No 965/2012, whichever occurs later.

(g)Means to address the adverse effect of repairs and changes that have not had DTIs incorporated into the maintenance programme according to points (e) and (f) of this CS

(1)A plan has been established by the organisation responsible for the management of continuing airworthiness to obtain and implement all the applicable DT data for existing major changes and reinforcing repairs affecting the FCS.

(2)The plan has been incorporated, in full or by reference, into the maintenance programme.

(3)For each change identified in the list contained in the report of point (c)(3) above and that is subject to this point, the plan shows that:

(i)requests for DT data have been made to the DAH that has to comply with point 26.334 of Part26, and an agreement for obtaining approved DTIs is reached, or

(ii)an agreement is established with a third party to provide approved DTIs,

in order to support a schedule for incorporation of the DTIs into the maintenance programme in accordance with point (h).

(4)In case a change is identified after establishing the list of changes according to point (c)(3) above, e.g. during an aeroplane survey, that change must be added to the list.

(5)The plan ensures that reinforcing repairs to the FCS will be identified and assessed for DT by specifying processes for:

(i)conducting surveys and records reviews of the affected aeroplanes as necessary to ensure the identification and documentation of all the existing reinforcing repairs that affect the FCS; and

(ii)obtaining DT data for reinforcing repairs identified in point (g)(5)(i) above.

The plan does not need to include an aeroplane survey when the aeroplane certification basis for the complete structure of the aeroplane is CS 25.571. Reinforcing repairs are described in point 3.13.3 of Appendix 3 to AMC 2020A.

(6)This plan also includes schedules for:

(i)conducting aeroplane surveys, obtaining DT data for repairs and incorporating all approved DTIs into the maintenance programme considering the applicable REGs. Additional means of compliance may be found in Appendix 3 to AMC 2020A;

(ii)obtaining DT data for all major changes identified either in the plan or added to the list of changes according to point (g)(4) above, and incorporating the applicable approved DTIs in the maintenance programme in accordance with point (h) below.

(h)Schedule for obtaining DT data for certain changes

For major changes subject to point (g), a schedule is established for obtaining DT data such that:

(1)for major changes identified in the plan in accordance with point (g)(3), all applicable approved DTIs will be incorporated into the maintenance programme before 26 February 2026; and

(2)for major changes identified according to point (g)(4), the applicable approved DTIs will be incorporated into the maintenance programme by 26 February 2026 or within 12 months of the identification of that change, or before operating the aircraft in accordance with Annex IV (PartCAT) to Regulation (EU) No 965/2012, whichever occurs later.

(i)As an alternative to compliance with points (c) to (h) above, compliance with point 26.370(a)(ii) of Part26 is demonstrated when a process exists and has been implemented to ensure that approved DTIs for all repairs and changes affecting the FCS of an aeroplane have been incorporated into the maintenance programme since the aeroplane first entered service.

(j)Compliance with point 26.370(a)(iii) of Part26 is demonstrated by incorporating into the maintenance programme the most restrictive applicable limitation of points (1), (2) or (3) below, in flight cycles or flight hours or both, as appropriate:

(1)An EASA-approved LOV in accordance with Part26, or

(2)An EASA-approved limitation on the applicability of the ALS of the instructions for continued airworthiness at the aeroplane level, in accordance with JAR/CS 25.571 and 25.1529 (or equivalent), or

(3)For aeroplanes listed in Table 1 below, the limitation in Table 1, unless EASA has approved different limitations in accordance with (1) or (2).

Table 1

Type/Model

FC/FH

Boeing 707 (-300 Series and -400 Series)

20 000 FC

Boeing 720

30 000 FC

DC 8

50 000 FC/50 000 FH

DC-9

100 000 FC/100 000 FH

DC-10-10, -15

42 000 FC/60 000 FH

DC-10-30, -40, -10F, -30F, -40F

30 000 FC/60 000 FH

MD-10-10F

42 000 FC/60 000 FH

MD-10-30F

30,000 FC/60,000 FH

MD-90

60 000 FC/90 000 FH

Lockheed Electra L-188

26 600 FC

Lockheed Hercules 382 Series Hercules Models 382, 382B, 382E, 382F, and 382G

20 000 FC/50 000 FH

Lockheed Tristar L-1011-385-1, L-1011-385-1-14, L-1011-385-1-15, and L-1011-385-3.

36 000 FC

(k)Compliance with point 26.370(a)(iv) of Part26 is demonstrated by incorporating a CPCP into the maintenance programme, and where a TC holder baseline CPCP produced in accordance with point 26.304 of Part26 exists, it is taken into account in the development of the operator’s CPCP.

[Issue: 26/3]

[Issue: 26/5]

GM1 26.370(a)(ii) Maintenance programme

ED Decision 2024/010/R

MEANS TO ADDRESS THE ADVERSE EFFECTS OF REPAIRS AND CHANGES

Unless there is a process as specified in CS 26.370(i) and in order to comply in a timely manner with point 26.370(a)(ii) of Part26, it is necessary to accomplish specific actions beforehand, to identify changes affecting the FCS, request the DT data, and review the design approval holder documentation, in accordance with CS 26.370 (c) and (d).

DTIs that should be available and incorporated into the maintenance programme before 26 February 2024 are those DTIs that have been developed by the TC or RTC holders in compliance with points 26.302 and 26.307, and by the STC holders in compliance with point 26.333 of Part26. The timescales for those requirements should mean that the DT data is submitted to EASA for approval by 26 February 2023, and following approval, the design approval holder has to make the DTIs available to all known operators and, on request, to the involved organisation responsible for the management of continuing airworthiness, allowing the incorporation of the data in the maintenance programme prior to 26 February 2024. The organisation responsible for the management of continuing airworthiness and for the establishment of the maintenance programme will need to identify and contact the design approval holder for the applicable change and request DT data for the change. If the design approval holder for a change installed on an aeroplane no longer exists or does not make the DTI available for some reason that is out of the control of the organisation responsible for the management of continuing airworthiness, the DTI may be obtained and incorporated according to the schedules outlined in CS 26.370(h). In these cases, the plan used in accordance with CS 26.370(g) should show the course of action for that change, including the agreements by which the DTIs will be obtained.

For changes approved after 1 September 2003, if the organisation responsible for the management of continuing airworthiness decides not to obtain the DTI that is available from the design approval holder of the change and elects to contract a third party, the timescale of CS 26.370(e) for the incorporation of the approved DTI into the maintenance programme remains unchanged.

For the DTIs of changes where the TC holder is not the approval holder and the approval was issued prior to 1 September 2003, the organisation responsible for the management of continuing airworthiness will have to make a request for that data to the approval holder, who would then have to comply with point 26.334 of Part26 and make the DTIs available, or the organisation responsible for the management of continuing airworthiness may arrange with a third party to perform the DTE and provide approved DTIs. The DT data should be obtained, and the DTIs incorporated into the maintenance programme according to the schedules outlined in CS 26.370(h), and this should be part of the plan used in accordance with CS 26.370(g).

When a request for DT data is made to the design approval holder that has to comply with point 26.334 of Part26, it should be in written form, the date of the request should be recorded, and a record kept of the subsequent communications with the DAH, the agreements reached and the actions taken. An example of such records would be a copy of the contract to provide the DT data.

For each change identified in the review of records as per CS 26.370(c), when the DTI for a change is not already incorporated into the maintenance programme, the organisation responsible for the management of continuing airworthiness should ensure that it will be obtained. This means that the design approval holders of all changes for which the organisation responsible for the management of continuing airworthiness has identified a potential need for DTIs should be approached in a timely manner.

For repairs, acceptable procedures for conducting aeroplane surveys, and schedules for obtaining, incorporating and implementing DTIs may be found in the applicable REGs made available by the TC holder as required by point 26.309 of Part26 and described in Appendix 3 to AMC 2020A.

[Issue: 26/3]

[Issue: 26/5]

SUBPART C — HELICOPTERS

26.400 Fire extinguishers

Regulation (EU) 2019/133

Operators of large helicopters shall ensure that the following extinguishers do not use halon as an extinguishing agent:

(a)built-in fire extinguishers for each lavatory waste receptacle for towels, paper or waste in large helicopters for which the individual certificate of airworthiness is first issued on or after 18 February 2020;

(b)portable fire extinguishers in large helicopters for which the individual certificate of airworthiness is first issued on or after 18 May 2019.

CS 26.400 Fire extinguishers

ED Decision 2020/023/R

Compliance with point 26.400 of Part-26 is demonstrated by complying with the following (see also GM1 26.400(b)):

(a)the extinguishing agent that is used in a built-in fire extinguisher for a lavatory waste receptacle or in a portable fire extinguisher for cabins and crew compartments must not be one of the agents that are listed in Annex A — Group II: Halons (halon 1211, halon 1301, and halon 2402) of ‘The Montreal Protocol on Substances that Deplete the Ozone Layer’, 8th Edition, 2009;

(b)the agent in any fire extinguisher must be acceptable, and be of a kind and in a quantity that is appropriate for the kinds of fire that are likely to occur where the extinguisher is intended to be used;

(c)any agent that is used in a personnel compartment or that is likely to enter a personnel compartment must be designed to minimise the hazard of a toxic gas concentration; and

(d)a discharge of the extinguisher must not cause any structural damage.

[Issue: 26/2]

[Issue: 26/3]

GM1 26.400(b) Fire extinguishers

ED Decision 2020/023/R

1.LAVATORY FIRE EXTINGUISHERS

Appendix D to Report DOT/FAA/AR-96/122 ‘Development of a Minimum Performance Standard for Lavatory Trash Receptacle Automatic Fire Extinguishers’ of February 1997 may be used for showing compliance with CS 26.400(b).

General guidance on the alternative extinguishing agents that are considered to be acceptable can be found in AMC 29.1197.

2.HANDHELD FIRE EXTINGUISHERS

Society of Automotive Engineers (SAE) Aerospace Standard (AS) 6271 ‘Halocarbon Clean Agent Hand Held Fire Extinguisher’ or European Technical Standard Order (ETSO) 2C515 ‘Aircraft Halocarbon Clean Agent — Handheld Fire Extinguisher’ may be used for showing compliance with CS 26.400(b).

General guidance on the alternative extinguishing agents that are considered to be acceptable can be found in AMC 29.1197.

[Issue: 26/3]

26.405 Cargo compartment fire protection

Regulation (EU) 2024/2954

(a)For both small and large helicopters equipped with at least one cargo compartment separated from the flight deck, and for which the individual certificate of airworthiness is first issued on or after 1 January 2025, the holders of:

TC or restricted TC, or

STC or design change approvals, if the change relates to the helicopter cargo compartment fire protection capabilities,

shall make available information on the helicopter design characteristics associated with the cargo compartment fire protection capabilities for all cargo compartments that are separated from the flight deck to all known operators of such helicopters.

(b)The information made available in accordance with point (a) shall be sufficiently detailed to support operators when conducting a risk assessment for the transportation of goods in the cargo compartment.

The information shall be contained in appropriate helicopter documentation made available to operators and be easily identifiable by the operators’ personnel responsible for conducting the risk assessment.

(c)The design approval holder, who is required to make available information in accordance with point (a), shall also make available changes to this information to all known operators of the helicopters affected by the change.

CS 26.405 Cargo compartment fire protection

ED Decision 2024/010/R

For small helicopters and large helicopters referred to in point 26.405 of Part26, compliance with point 26.405 is demonstrated by providing:

(a)relevant information on the helicopter design characteristics associated with the cargo compartment fire protection capabilities for which the certificate or design change approval holders had to demonstrate compliance with the certification specifications in the section ‘fire protection’ of Subpart D of CS27 and CS29 respectively or equivalent, as established in the certification basis, and the related acceptable means of compliance;

(b)the reference to the demonstrated specifications established in the certification basis.

[Issue: 26/5]

GM1 26.405 Cargo compartment fire protection

ED Decision 2024/010/R

INFORMATION ON HELICOPTER DESIGN CHARACTERISTICS ASSOCIATED WITH CARGO COMPARTMENT FIRE PROTECTION CAPABILITIES

The list below provides examples of the elements of information that may be made available to all known operators. Some of the examples may not apply since they depend on the helicopter type and on the type of cargo compartment. As deemed necessary, further detailed information may be included.

cargo compartment characteristics, e.g.:

location

accessibility

available volume

smoke and fire detection systems’ features and capabilities, e.g. fire detection temperature

fire-extinguishing, suppression and control systems’ features and capabilities, e.g.:

location

quantity

handheld or built-in fire extinguisher

type and quantity of fire-extinguishing agents

fire suppression capability

ventilation control systems’ features, e.g. shut-off capability during a fire event

design characteristics to prevent the accumulation of harmful quantities of smoke, flames, extinguishing agents or noxious gases in other compartments;

cargo compartment, floor, ceiling and sidewall liner panels features and capability, e.g.:

material

fire-resistance characteristics

design and sealing of inaccessible compartments’ characteristics.

[Issue: 26/5]

26.410 Emergency controls operated underwater

Regulation (EU) 2022/1254

Operators of small helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that all the emergency controls that need to be operated underwater are marked with the method of operation as well as with yellow and black stripes.

CS 26.410 Emergency controls operated underwater

ED Decision 2022/019/R

Compliance with point 26.410 of Part-26 is demonstrated by complying with CS 27.1555(d)(2) of CS 27 at Amendment 5 or later, or the equivalent, or CS 29.1555(d)(2) of CS-29 at Amendment 5 or later, or the equivalent respectively.

[Issue: 26/4]

26.415 Underwater emergency exits

Regulation (EU) 2022/1254

(a)Operators of small helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that:

(1)it is possible for occupants to easily identify the means to operate all the underwater emergency exits to facilitate egress in the case of ditching or capsize;

(2)an underwater emergency exit is available on each side of the helicopter for each unit, (or part of a unit, of four passenger seats unless the emergency underwater exit is large enough to permit the simultaneous egress of two passengers;

(3)passenger seats are located in relation to the underwater emergency exits referred to in point (2) in such a way as to facilitate the escape of passengers in the event of the helicopter capsizing and the cabin becoming flooded.

(b)Operators of small category A helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that:

(1)all emergency exits, including flight crew emergency exits, and any door, window or other opening suitable to be used for the purpose of underwater escape, remain operable in an emergency;

(2)an automatic means is provided to easily identify the periphery of the apertures of all underwater emergency exits in all lighting conditions; such markings must be designed to remain visible in case the helicopter is capsized or the cabin is submerged.

CS 26.415 Underwater emergency exits

ED Decision 2022/019/R

(a)Compliance with point 26.415(a)(1) of Part-26 is demonstrated by complying with CS 27.805(c) and CS 27.807(d)(5) of CS-27 at Amendment 5 or later, or the equivalent, or CS 29.811(h)(2) of CS-29 at Amendment 5 or later, or the equivalent respectively.

Each operational device (pull tab(s), operating handle, ‘push here’ decal, etc.) of underwater emergency exits provided for flight crew or passengers must be marked with black and yellow stripes. Any other operating feature, e.g. highlighted ‘push here’ decal(s) for openable windows, must also incorporate black-and-yellow-striped markings.

In order to provide a conspicuous means of identifying the operating device or feature, at least two bands of each colour of approximately equal widths are used.

(b)

(1)Compliance with points 26.415(a)(2) and (3) of Part-26 is demonstrated by complying with CS 27.807(d)(1) of CS-27 at Amendment 5 or later, or the equivalent, or CS 29.807(d)(1) of CS-29 at Amendment 5 or later, or the equivalent respectively.

(2)If the dimensions of the underwater emergency exits are smaller than those stipulated in CS 27.807(d)(1) of CS-27 at Amendment 5 or later, or the equivalent ,or CS 29.807(d)(1) of CS-29 at Amendment 5 or later as appropriate, then the applicant must ensure that the exit can facilitate the rapid escape from the helicopter by passengers (of the maximum shoulder size that are permitted to be seated in that location) in the event of a ditching or capsize. This can be demonstrated through test or analysis.

NOTE: The following dimensions and passenger size restrictions may be defined without the need for demonstration:

(i)For the egress of passengers with shoulder width of 559 mm (22 inches) or smaller:

(A)a rectangular opening no smaller than 356 mm (14 inches) wide, with a diagonal between corner radii no smaller than 559 mm (22 in);

(B)a non-rectangular or partially obstructed opening (e.g. by a seat back) that is capable of admitting an ellipse of 559 mm x 356 mm (22 inches x 14 inches).

(ii)For the egress of passengers with shoulder width greater than 559 mm (22 inches), openings that are no smaller than 480 mm x 660 mm (19 inches x 26 inches) or that are capable of admitting an ellipse of 480 mm x 660 mm (19 inches x 26 inches).

(c)Compliance with point 26.415(b)(1) of Part-26 is demonstrated by complying with CS 27.805(c) of CS-27 at Amendment 5 or later, or the equivalent, CS 29.805(c) of CS-29 at Amendment 5 or later, or the equivalent respectively, and with CS 27.807(b)(2) and (d) of CS-27 at Amendment 5 or later, or the equivalent, CS 29.807(d) of CS-29 at Amendment 5 or later respectively, CS 29.809(c) of CS-29 at Amendment 5 or later, or the equivalent respectively, or with the following:

Underwater emergency exits for flight crew and passengers must be proven by test, demonstration or analysis to provide for rapid escape with the helicopter in the upright floating position or capsized. The means to open an underwater emergency exit must be simple and obvious, must not require any exceptional effort, and must be evaluated.

(d)Compliance with point 26.415(b)(2) of Part-26 is demonstrated by complying with CS 29.811(h)(1) of CS-29 at Amendment 5 or later, or the equivalent, or with the following:

Underwater emergency exits for flight crew and passengers must be provided with highly conspicuous illuminated markings that are provided along the periphery (but not necessarily continuously) of each underwater emergency exit that illuminate automatically and give a clear indication of the aperture and are designed to remain visible with the helicopter capsized and the cabin or cockpit flooded. The markings must be sufficient to highlight the full periphery. The additional illuminated markings must remain visible for at least 10 minutes following rotorcraft flooding. The method chosen to automatically activate the system (e.g. water immersion switch(es), tilt switch(es), etc.) must illuminate the markings immediately, or be already illuminated, when a capsize of the helicopter is inevitable.

[Issue: 26/4]

GM1 26.415(b) Underwater emergency exits

ED Decision 2022/019/R

The objective is for no passenger to be in a worse position than the second person to egress through an exit in the event of a capsize. The time available for evacuation is very short in such situations, and the provision of sufficient underwater emergency exits and ensuring that no occupant should need to wait for more than one other person to escape before being able to make their own escape will minimise the passengers’ time to escape. The provision of an underwater emergency exit in each side of the fuselage for each unit (or part of a unit) of four passenger seats will make this possible, provided that the seats are positioned relative to the exits to maximise the probability of safe egress.

With regard to the location of the seats relative to the exits, the most obvious layout that maximises the achievement of the objective that no passenger is in a worse position than the second person to egress through an exit is a four-abreast arrangement with all the seats in each row located appropriately and directly next to the emergency exits. However, this might not be possible in all rotorcraft designs due to issues such as limited cabin width, the need to locate seats such as to accommodate normal boarding and egress, and the installation of items other than seats in the cabin. Notwithstanding this, an egress route necessitating movement such as along an aisle, around a cabin item, or in any way other than directly towards the nearest emergency exit, to escape the rotorcraft is not considered to be compliant with this provision.

[Issue: 26/4]

GM1 26.415(c) Underwater emergency exits

ED Decision 2022/019/R

A possible design solution for the provision of sufficient underwater emergency exits may be to use the passenger cabin windows as additional emergency egress means by including a jettison feature. The jettison feature may be provided by modifying the elastomeric window seal such that its retention strength is either reduced, or can be reduced by providing a removable part of its cross section, i.e. the so-called push out window.

Exit designs with the following characteristics, when operated in an upright or any foreseeable floating attitude, would be considered to be compliant with point 26.415(b)(1) of Part-26 and CS 26.415(c):

(a)the use of only one hand is needed to operate the exit itself;

(b)no part of the opening means (e.g. an operating handle or control) is located remotely from the exit (that requires the person to move away from the immediate vicinity of the exit in order to reach it);

(c)any operating handle or control can be gripped using either a bare or a gloved hand;

(d)the exit meets the opening effort limitations set by FAA AC 29-2C AC 29.809.

The required test, demonstration or analysis may be conducted in a non-capsized attitude (i.e. dry) but considering obstructions that may be present when capsized.

[Issue: 26/4]

GM1 26.415(d) Underwater emergency exits

ED Decision 2022/019/R

Disorientation of occupants may result in the normal emergency exit markings in the cockpit and passenger cabins being ineffective following the rotorcraft capsizing and the cabin flooding.

The additional markings of underwater emergency exits may be in the form of illuminated strips that give clear indications in all environments (e.g. at night, underwater) of the location of the underwater emergency exits.

[Issue: 26/4]

26.420 Emergency equipment for flight over water

Regulation (EU) 2022/1254

(a)Operators of small helicopters and large helicopters that are required to comply with the requirements of point CAT.IDE.H.300 of Annex IV, point NCC.IDE.H.227 of Annex VI or point SPO.IDE.H.199 of Annex VIII to Regulation (EU) No 965/2012, shall ensure that each inflated life raft has a means to hold it near the helicopter, and an additional means to keep the inflated life raft attached to the helicopter further away at a distance that would not pose a danger to the life raft itself nor to the persons on board. In the event that the helicopter totally submerges, both of those life raft retention means shall break before the helicopter submerges, even when the life raft is empty.

(b)Operators of small helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that stowage provisions are provided that accommodate one life preserver for each helicopter occupant within easy reach of each occupant while seated, unless occupants are always required to wear them whilst on board the helicopter.

(c)Operators of large helicopters that are required by point SPA.HOFO.165(d) of Annex V to Regulation (EU) No 965/2012 to have one or more life rafts installed, shall ensure that the life raft(s):

(1)is (are) remotely deployable, with the means to deploy the life raft(s), located within easy reach of the flight crew, the occupants of the passenger cabin and any survivors in the water, with the helicopter in an upright floating or capsized position;

(2)can be reliably deployed with the helicopter in any reasonably foreseeable floating attitude, including capsize, and in the substantiated sea conditions for capsize resistance.

CS 26.420 Flight over water emergency equipment

ED Decision 2022/019/R

(a)Compliance with point 26.420(a)(1) of Part-26 is demonstrated by complying with CS 27.1415(b)(2) of CS-27 at Amendment 5 or later, or the equivalent, or CS 29.1415(b)(2) of CS29 at Amendment 5 or later, or the equivalent respectively, or with the following:

Each life raft must be attached to the helicopter by a short retaining line to keep it alongside the helicopter and a long retaining line designed to keep it attached to the helicopter. Both retaining lines must be weak enough to break before submerging the empty life raft to which they are attached. The long retaining line must be of sufficient length that a drifting life raft will not be drawn towards any part of the helicopter that would pose a danger to the life raft itself or the persons on board.

(b)Compliance with point 26.420(b) of Part-26 is demonstrated by complying with CS 27.1415(c) of CS-27 at Amendment 5, or later, or the equivalent, or CS 29.1415(c) of CS-29 at Amendment 5 or later or the equivalent respectively.

(c)Compliance with point 26.420(c) of Part-26 is demonstrated by complying with CS 29.1415(b)(1) and CS 29.1561(a) and (c) of CS-29 at Amendment 5 or later, or the equivalent, or with the following:

(1)For life raft activation, the following must be provided for each life raft:

(i) primary activation: manual activation control(s), readily accessible to each pilot on the flight deck whilst seated;

(ii) secondary activation: activation control(s) accessible from the passenger cabin with the rotorcraft in the upright or capsized position; if any control is located within the cabin, it must be protected from inadvertent operation; and

(iii) tertiary activation: activation control(s) accessible to a person in the water, with the rotorcraft in any foreseeable floating attitude, including capsized.

It is acceptable for two of the manual activation functions from (i) to (iii) to be incorporated into one control.

(2)Automatic life raft activation is permitted (e.g. triggered by water immersion); however, this capability must be provided in addition to the required manual activation controls. Mitigation must be provided to address inadvertent deployment in flight and the potential for damage to the life raft from turning rotors during deployment on the water.

(3)Placards must be installed, of appropriate sizes, numbers and locations, to highlight the location of each of the above life raft activation controls. All reasonably foreseeable rotorcraft floating attitudes must be considered when locating these placards.

[Issue: 26/4]

GM1 26.420(a) Flight over water emergency equipment

ED Decision 2022/019/R

In accordance with CS 26.420, each life raft must be equipped with two retaining lines to be used for securing the life raft to the helicopter. The short retaining line should be of such a length as to hold the raft at a point next to an upright floating helicopter such that the occupants can enter the life raft directly without entering the water. If the design of the helicopter is such that the flight crew cannot enter the passenger cabin, it is acceptable for them to take a more indirect route when boarding the life raft. After life raft boarding is completed, the short retaining line may be cut, and the life raft then remains attached to the rotorcraft by means of the long retaining line.

The length of the long retaining line should not result in the life raft taking up a position which could create a potential puncture risk or hazard to the occupants, such as directly under the tail boom, tail rotor or main rotor disc.

[Issue: 26/4]

GM1 26.420(c) Flight over water emergency equipment

ED Decision 2022/019/R

No provision for the stowage of life preservers is necessary if Regulation (EU) No 965/2012 mandates the need for constant-wear life preservers.

[Issue: 26/4]

26.425 Provision of substantiated sea conditions

Regulation (EU) 2022/1254

(a)A holder of a type certificate for a small helicopter or a large helicopter shall ensure that the substantiated sea conditions for capsize resistance and any associated information relating to the ditching certification or emergency flotation provisions are included in the rotorcraft flight manual (RFM) and provided to all operators.

(b)A holder of a supplemental type certificate for an emergency flotation system that is installed on a small helicopter or a large helicopter shall ensure that the substantiated sea conditions for capsize resistance and any associated information relating to the ditching certification or emergency flotation provisions are included in the RFM and provided to all operators.

CS 26.425 Provision of substantiated sea conditions

ED Decision 2022/019/R

Compliance with point 26.425 of Part-26 is demonstrated by complying with CS 27.1587(b)(3) of CS27 at Amendment 5 or later, or the equivalent, or CS 29.1587(c) of CS-29 at Amendment 5 or later or the equivalent respectively.

[Issue: 26/4]

26.430 Resistance of an emergency flotation system to damage

Regulation (EU) 2022/1254

(a)Operators of small helicopters or large helicopters that have their first individual certificate of airworthiness issued on or after 9 August 2025 and that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that if the helicopter includes a stowed emergency flotation system, the effects on the successful deployment and retention of the emergency flotation system as a result of possible damage from a water impact are minimised as far as practicable in the design.

(b)Operators of small helicopters or large helicopters with stowed emergency flotation systems that are installed for the first time on or after 9 August 2025 that are required, in accordance with CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be certified for ditching, shall ensure that the effects on the successful deployment and retention of the emergency flotation systems as a result of possible damage from a water impact are minimised as far as practicable in the design.

CS 26.430 Emergency flotation system resistance to damage

ED Decision 2022/019/R

Compliance with point 26.430 of Part-26 is demonstrated by:

(a)compliance with CS 27.801(c)(1) of CS-27 at Amendment 5 or later, or the equivalent, or CS 29.801(c)(1) of CS-29 at Amendment 5 or later, or the equivalent certification specification as detailed in the existing type certificate of the helicopter or supplemental type certificate of the emergency flotation system; or

(b)determining that the effects on the successful deployment and retention of the system as a result of possible damage from a water impact are minimised through the evaluation of the functionality of the emergency flotation system in the event of a water impact.

[Issue: 26/4]

26.431 Determination of the robustness of emergency flotation system designs

Regulation (EU) 2022/1254

(a)An operator of a small helicopter or a large helicopter that is required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, may request the person referred to in point (b) to provide the services referred to in point (c), where both the following conditions are met:

(1)the operator is required to demonstrate compliance with point 26.430 of this Annex;

(2)the robustness of the emergency flotation system in the event of water impact has not been demonstrated as part of the type certificate or supplemental type certificate of that helicopter.

(b)The person who shall provide the services referred to in point (c) are:

(1)the type certificate holder, if the emergency flotation system is included within the type design;

(2)the supplemental type certificate holder, if the emergency flotation system is certified through a supplemental type certificate.

(c)The person referred to in point (b) shall:

(1)determine that the effects on the successful deployment and retention of the emergency flotation system as a result of possible damage from a water impact are minimised, as far as practicable;

(2)determine that the effects referred to in point (c)(1) are taken into consideration in the design of the emergency flotation system;

(3)provide an assessment to the operator.

CS 26.431 Determination of the robustness of emergency flotation system designs

ED Decision 2022/019/R

Compliance with point 26.431 is demonstrated by carrying out an assessment in accordance with CS 27.801(c)(1) of CS-27 at Amendment 5 or later, or equivalent, or CS 29.801(c)(1) of CS-29 at Amendment 5 or later, or equivalent respectively, or with the following:

(a)An evaluation of the functionality of the emergency flotation system in the event of a water impact that determines and takes into consideration the effects on the successful deployment and retention of the system as a result of possible damage from a water impact.

(b)The design of the emergency flotation system must, as far as is practicable, in terms of complexity of design changes and any associated weight penalty:

(1)have system components that are located away from the major effects of structural deformation;

(2)maximise the use of flexible pipes/hoses;

(3)avoid passing pipes/hoses or electrical wires through bulkheads that could act as ‘guillotines’ when the structure is subject to water impact loads; and

(4)for large helicopters and small Category A helicopters certified with ditching provisions, include redundant or distributed systems.

(c)The evaluation must be documented and subsequently provided to the Agency. Design changes that are identified by the type certificate holder of the helicopter or the supplemental type certificate holder of the emergency flotation system as providing an improvement in the likelihood of a successful deployment and retention of the emergency flotation system following a water impact must be specified in this evaluation. Suitable justification for not incorporating a design change in the design must be provided. A schedule for the incorporation of any design changes must also be provided to the Agency. The evaluation is subject to review and agreement by the Agency.

[Issue: 26/4]

GM1 26.431 Determination of the robustness of emergency flotation system designs

ED Decision 2022/019/R

The design changes that are identified after the evaluation are to be proposed to the Agency. Design changes that are not proposed for incorporation into the design are to be accompanied by a suitable justification for not doing so. The concepts contained in Appendix E to GM 21.A.101 ‘Procedure for evaluating material contribution to safety or impracticality of applying latest certification specifications to a changed product’ to Regulation (EU) 748/2012 Annex I (Part 21) may be used as a suitable methodology to determine those design changes that are not proposed for incorporation or alternatively other suitable criteria may be proposed to the Agency.

[Issue: 26/4]

26.435 Automatic deployment of an emergency flotation system

Regulation (EU) 2022/1254

(a)Operators of small helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that if an emergency flotation system is installed and is stowed during flight, then it shall automatically deploy as a result of entry into water.

(b)Operators of small category A helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that if an emergency flotation system is installed and is stowed during flight, then it shall automatically deploy as a result of entry into water and shall not rely on any pilot action during flight.

CS 26.435 Automatic deployment of an emergency flotation system

ED Decision 2022/019/R

(a)Compliance with point 26.435(a) of Part-26 is demonstrated by complying with CS 27.801(c)(2) of CS-27 at Amendment 5 or later, or the equivalent, or with the following:

(1)An emergency flotation system that is stowed in a deflated condition during normal flight must have a means of automatic deployment following water entry. The means to automatically deploy the emergency flotation system must operate irrespective of whether or not inflation prior to water entry is the intended operation mode. If a manual means of inflation is provided, the emergency flotation system activation switch must be located on one of the primary flight controls and must be safeguarded against inadvertent actuation.

(2)Activation of the emergency flotation system upon water entry (irrespective of whether or not inflation prior to water entry is the intended operation mode) must result in an inflation time short enough to prevent the rotorcraft from becoming excessively submerged.

(b)Compliance with point 26.435(b) of Part-26 is demonstrated by complying with CS 29.801(c)(2) of CS-29 at Amendment 5 or later, or the equivalent, or with the following:

An emergency flotation system that is stowed in a deflated condition during normal flight must have a means of automatic deployment following water entry that does not rely on any pilot action during flight. The inflation system of the emergency flotation system must have an appropriately low probability of spontaneous or inadvertent actuation in flight conditions for which float deployment has not been demonstrated to be safe. If this is achieved by disarming the inflation system, this must be achieved by the use of an automatic system employing appropriate input parameters. The choice of input parameters, and the architecture of the system, must be such that rearming of the system occurs automatically in a manner that will assure the inflation system functions as intended in the event of a water impact. It is not acceptable to specify any pilot action during flight.

[Issue: 26/4]

GM1 26.435(b) Automatic deployment of an emergency flotation system

ED Decision 2022/019/R

The disarming of an emergency flotation system is typically required at high airspeeds, and could be achieved automatically using an airspeed switch. However, this would retain the possibility of inadvertent flight into the water at high airspeed, with the risk that the floats would not deploy. This scenario could be addressed by providing an additional or alternative means of rearming the floats as the helicopter descends through an appropriate height threshold. A height below that of the majority of offshore helidecks could be chosen in order to minimise exposure to inadvertent activation above the demonstrated float deployment airspeed.

[Issue: 26/4]

26.440 Fuel system crash resistance

Regulation (EU) 2024/2954

Operators of small helicopters and large helicopters shall ensure that the likelihood of a post-crash fire is minimised as far as practicable in the design of the fuel system when:

(a)the helicopter type certificate was issued on or after 2 October 1994, and:

(1)the helicopter first individual certificate of airworthiness is issued on or after 22 December 2026, or

(2)the helicopter first individual certificate of airworthiness is issued before 22 December 2026, and:

(i)if any individual certificate of airworthiness is issued by a Member State on or after 22 December 2024 after an import of the helicopter from a non-Member State, or

(ii)if:

(A)the helicopter has been designed for six or more occupants, and is operated on or after 22 December 2031; or

(B)the helicopter has been designed for five or less occupants, and is operated on or after 22 December 2039.

(b)the helicopter type certificate was issued before 2 October 1994, and:

(1)the helicopter first individual certificate of airworthiness is issued on or after 22 December 2026 or,

(2)the helicopter first individual certificate of airworthiness is issued before 22 December 2026 and if any individual certificate of airworthiness is issued by a Member State on or after 22 December 2024 after an import of the helicopter from a non-Member State.

CS 26.440 Fuel system crash resistance

ED Decision 2024/010/R

Compliance with point 26.440 of Part26 is demonstrated by complying with:

CS 27.952 of CS27 or the equivalent, CS 29.952 of CS29 or the equivalent; and

CS 27.963 of CS27 or the equivalent, CS 29.963 of CS29 or the equivalent; and

CS 27.973 of CS27 or the equivalent, CS 29.973 of CS29 or the equivalent; and

CS 27.975(b) of CS27 or the equivalent, CS 29.975(a) of CS29, or with the following:

(a)For helicopters under point 26.440(a)(1) or 26.440(b)(1):

(1)Each fuel tank, or the most critical fuel tank, must be subjected to a drop test that results in no subsequent leakage of the fluid that is contained within it, using the following parameters:

(i)the tank must be dropped from a height of at least 15.2 m (50 ft);

(ii)the surface that the tank will impact after it has been dropped must not be capable of absorbing the energy of the impact (i.e. the surface must not deform as a result of the impact);

(iii)the tank must be filled with water to a level that is 80 % of the normal, full capacity of the tank; and

(iv)the tank must drop freely and impact in a horizontal position of ±10 °.

(2)Self-sealing breakaway fuel line couplings must be installed unless hazardous relative motion of fuel system components to each other or to local rotorcraft structure is demonstrated to be extremely improbable or unless other means are provided. The couplings or equivalent devices must be installed at all fuel tank-to-fuel line connections, tank-to-tank interconnects, and at other points in the fuel system where local structural deformation could lead to release of fuel.

(i)The design and construction of self-sealing breakaway fuel line couplings must incorporate the following design features:

(A)The load necessary to separate a breakaway coupling must be between 25 % and 50 % of the minimum ultimate failure load (ultimate strength) of the weakest component in the fluid-carrying line. The separation load must in no case be less than 1334 N (300 lb), regardless of the size of the fluid line.

(B)A breakaway coupling must separate whenever its ultimate load (as defined in subparagraph (b)(1)(i)) is applied in the failure modes that are most likely to occur.

(C)All breakaway couplings must incorporate design provisions to visually ascertain that the coupling is locked together (leakage-free) and is open during normal installation and service.

(D)All breakaway couplings must incorporate design provisions to prevent uncoupling or unintended closing due to operational shocks, vibrations or accelerations.

(E)No breakaway coupling design may allow the release of fuel once the coupling has performed its intended function.

(ii)All individual breakaway couplings, coupling fuel feed systems or equivalent means must be designed, tested, installed and maintained so that inadvertent fuel shut-off in flight is improbable in accordance with CS 27.955(a) or CS 29.955 or the equivalent, and must comply with the fatigue evaluation requirements of CS 27.571 or CS 29.571, as appropriate, or the equivalent, without leakage.

(iii)Alternate means equivalent to the use of breakaway couplings must not create a survivable impact-induced load on the fuel line to which they are installed, which is greater than 25 % to 50 % of the ultimate load (strength) of the weakest component of the line, and must comply with the fatigue evaluation requirements of CS 27.571 or CS 29.571, as appropriate, or the equivalent, without leakage.

(3)Fuel tanks, fuel lines, electrical wires and electrical devices must be designed, constructed and installed, as far as practicable, to be crash-resistant.

(4)Rigid or semi-rigid fuel tank or bladder walls must be impact- and tear-resistant.

(5)Each flexible fuel tank bladder or liner must be approved or shown to be suitable for the specific application and must be puncture-resistant. Puncture resistance must be shown by using the methodology that is contained in paragraph 16.0 of European Technical Standard Order (ETSO)C80, when resisting a minimum puncture force of:

(i)1646 N (370 lbs)

(ii)1112 N (250 lbs) if the drop test that is required in paragraph (a) is successfully conducted with the tank enclosed in a surrounding structure that is representative of the tank installation that includes any projections or other design features that are likely to contribute to the rupture of the tank.

(6)The venting system must be designed to minimise spillage of fuel through the vents to an ignition source in the event of either a rollover during landing, ground operation or a survivable impact.

(b)For helicopters under points 26.440(a)(2) or 26.440(b)(2):

(1)Each fuel tank, or the most critical fuel tank, must be subjected to a drop test that results in no subsequent leakage of the fluid that is contained within it, using the following parameters:

(i)the tank must be dropped from a height of at least 15.2 m (50 ft);

(ii)the surface that the tank will impact after it has been dropped must not be capable of absorbing the energy of the impact (i.e. the surface must not deform as a result of the impact);

(iii)the tank must be filled with water to a level that is 80 % of the normal, full capacity of the tank; and

(iv)the tank must drop freely and impact in a horizontal position of ±10 °.

(2)Fuel tanks, fuel lines, electrical wires, and electrical devices must be designed, constructed and installed, as far as practicable, to be crash-resistant.

(3)Each flexible fuel tank bladder or liner must be approved or shown to be suitable for the specific application and must be puncture-resistant. Puncture resistance must be shown by using the methodology that is contained in paragraph 16.0 of European Technical Standard Order (ETSO)C80, when resisting a minimum puncture force of 1112 N (250 lbs).

[Issue: 26/5]

GM1 26.440(a)(2)(iii) Fuel system crash resistance

ED Decision 2024/010/R

Where practicable, installations that use a fuel line slack or stretch as an equivalent means should be able to elongate enough to accommodate any probable relative motion between the ends of the line during an accident. 20–30 % of the line length may be used as a guideline in lieu of a more rational analysis.

[Issue: 26/5]

GM1 26.440(a)(4) Fuel system crash resistance

ED Decision 2024/010/R

CS 26.440(a)(4) only applies to rigid or semi-rigid fuel tank or bladder walls; hence, flexible liners are not required to comply with that requirement.

[Issue: 26/5]