21.A.111 Scope

Regulation (EU) 2019/897

This Subpart establishes the procedure for the approval of major changes to the type-certificate under supplemental type-certificate procedures, and establishes the rights and obligations of the applicants for, and holders of, those certificates. In this Subpart, the references to type-certificates include type-certificates and restricted type-certificates.

21.A.112A Eligibility

Regulation (EU) 2019/897

Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability in accordance with point 21.A.112B may apply for a supplemental type-certificate in accordance with the conditions laid down in this Subpart.

21.A.112B  Demonstration of capability

Regulation (EU) 2019/897

(a) An applicant for a supplemental type-certificate shall demonstrate its capability by holding a design organisation approval, issued by the Agency in accordance with Subpart J.

(b) By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek Agency agreement for the use of procedures setting out the specific design practices, resources and sequence of activities necessary to comply with this Subpart.

(c) By way of derogation from point (a), in the case of products referred to in point 21.A.14(c), an applicant may demonstrate its capability by obtaining the Agency's acceptance of its certification programme established in accordance with point 21.A.93(b).

AMC to 21.A.143, 21.A.243, 21.A.14(b), 21.A.112B(b) and 21.A.432B(b) Flight Test Operations Manual (FTOM)

ED Decision 2017/024/R

1. General

a. Scope: The FTOM covers flight test operations.

The FTOM complexity should be proportionate to the aircraft and the organisation complexity.

b. Format

The FTOM may:

      be included in the Design Organisation Approval (DOA)/Production Organisation Approval (POA)/Alternative Procedure to DOA (APDOA) documents, or

      be a separate manual.

The FTOM may make reference to other documents to cover the contents listed below, e.g. for record-keeping.

c. Use by contractors or sub-contractors:

When flight tests are performed by contractors or sub-contractors, they should comply with the FTOM of the primary organisations, unless they have established an FTOM in compliance with Part-21, the use of which has been agreed between the two organisations.

2. The FTOM should contain the following elements:

a. Exposition (not applicable in the case of APDOA):

 If the FTOM is presented as a separate document, it should include a chart indicating the structure of the organisation and, more specifically, the functional links of the people in charge of flight test activities. It should also mention the coordination between all departments affecting flight test, e.g. Design Office, Production and Maintenance, in particular coordination for the establishment and update of a Flight Test Programme.

b. Risk and safety management:

 The FTOM should describe the organisation’s policy in relation to risk and safety assessment, mitigation and associated methodologies.

c. Crew members:

According to the flight test category, the FTOM should describe the organisation’s policy on the composition of the crew (including the need to use a Lead Flight Test Engineer (LFTE)) and the competence and currency of its flight test crew members, including procedures for appointing crew members for each specific flight.

All crew members should be listed in the FTOM.

A flight time limitation policy should be established.

d. Carriage of persons other than crew members:

According to the flight test category, the FTOM should describe the organisation’s policy in relation to the presence and safety on-board, of people other than crew members (i.e. with no flying duties).

People other than crew members should not be allowed on board for Category 1 flight tests.

e. Instruments and equipment:

 The FTOM should list, depending on the nature of the flight, the specific safety-related instruments and equipment that should be available on the aircraft or carried by people on board.

 The FTOM should contain provisions to allow flights to take place in case of defective or missing instruments or equipment.

f. Documents:

The FTOM should list the documents to be produced for flight test, and include (or refer to) the procedures for their issue, update and follow-up to ensure the documents’ configuration control:

(i) documents associated with a Flight Test Programme:

      Flight Order for a given flight, which should include:

      a list of the tests to be performed and associated conditions;

      safety considerations relevant to the flight;

      category of the flight (e.g. Category 1);

      composition of the crew;

      names of persons other than crew members;

      aircraft configuration items relevant to the test to be highlighted to the crew;

      loading of the aircraft;

      reference to approved flight conditions; and

      restrictions relevant to the flight to be highlighted to the crew.

      Flight crew report.

(ii) documentation and information to be carried on the aircraft during flight test;

(iii) record-keeping: the FTOM should describe the policy relative to record-keeping.

g. Permit to fly:

The FTOM should describe the involvement of the flight test organisation or flight test team (as appropriate) in the process for the approval of flight conditions and the issue of permits to fly in accordance with Subpart P.

h. Currency and training:

 The FTOM should describe how training for flight test is organised.

 Currency of the flight test crew may be ensured either through recent experience or refresher training.

For aircraft for which Appendix XII is applicable, minimum flight experience by year should be:

      for pilots: 50 hours. In addition:

      for pilots with a flight test rating, the 50 hours should include 20 flight test hours in any flight test category.

      for pilots performing a Category 3 flight test, the flight test experience should be expressed in terms of a number of flights leading to the issue of a Certificate of Airworthiness (CofA) (e.g. first flights).

      for pilots performing a Category 4 flight test, the minimum flight test experience should be proportionate to the activity envisaged.

      for LFTEs: 10 flight test hours in any flight test category.

The FTOM should specify the requirements for a refresher training in order to ensure that crew members are sufficiently current to perform the required flight test activity.

A system should be established to record the currency of the flight test crew’s training.

A valid national document (i.e. licence), issued by an EASA Member State under its national regulations and ensuring compliance with the agreed currency requirements, is an acceptable means of compliance to demonstrate currency for a pilot that holds a flight test rating and for an LFTE.

GM1 to 21.A.112B Demonstration of capability

ED Decision 2021/001/R

DEMONSTRATION OF CAPABILITY FOR SUPPLEMENTAL TYPE CERTIFICATE (STC) CASES

See also AMC 21.A.14(b) for the details of the alternative procedures.

The following examples of major changes to type design (ref.: 21.A.91) are classified in two groups. Group 1 contains cases where a design organisation approved under Part 21 Subpart J (‘Subpart J DOA’) should be required, and Group 2 cases where the alternative procedure may be accepted. They are typical examples but each STC case should be addressed on its merits and there would be exceptions in practice. This classification is valid for new STCs, not for evolution of STCs, and may depend upon the nature of the STC (complete design or installation).

Product

Discipline

Kind of STC

Group

All aircraft

 

 

OSD

 

 

 

Major stand-alone change to any OSD constituent

1

 

 

Products for which an alternative procedure  may be accepted according to 21.A.14(b)

All disciplines

2

 

 

CS-23 (products where a Subpart J DOA is required for TC)

 

Notes:

1)  An STC which leads to a reassessment of the loads on large parts of the primary structure should be in Group 1.

2) ‘2/1’ means that an assessment of consequences in terms of handling qualities, performance or complexity of demonstration of compliance may lead to classification in Group 1.

 

Aircraft

 

 

Conversion to tail wheel configuration

1

 

Auxiliary fuel tank installations

2/1

 

Glass fibre wing tips

2/1

 

Fairings: nacelle, landing gear

2

 

Gap seals: aileron, flap, empennage, doors

2

 

Vortex generators

2/1

 

Spoiler installation

1

 

Increase in MTOW

1

 

Structures

 

 

Stretcher installation

2

 

Change to seating configuration

2

 

Windshield replacement (heated, single piece, etc.)

2

 

Lightweight floor panels

2

 

Ski installations

2/1

 

Propulsion

 

 

Engine model change

1

 

Fixed pitch propeller installation

2

 

Constant speed propeller installation

2/1

 

Installation of exhaust silencer

2

 

Installation of graphic engine monitor

2

 

Installation of fuel flow meter

2

 

Accessory replacement (alternator, magnetos, etc.)

2

 

Inlet modifications: oil cooler; induction air

2

 

Equipment

 

 

Avionics upgrades (EFIS, GPS, etc.)

2/1

 

Engine instrument replacements

2

 

Carburettor ice detection system

2

 

Autopilot system installation

1

 

Wing tip landing light; recognition lights

2

 

WX radar installation

2

 

Aeromedical system installations

2

 

De-icing and anti-icing system installations

1

 

Emergency power supply installations

2

CS-25

 

 

Cabin Safety

 

Note:

Basically, all changes related to cabin configuration should be in Group 2.

Cabin layout (installation of seats (16G), galleys, single class or business / economy class, etc.)

2

 

Floor path marking

2

 

Crew rest compartment

1

 

Change of cargo compartment classification (from class D to class C)

1

 

Structure

 

Note:

An STC which leads to a reassessment of the loads on large parts of the primary structure should be in Group 1.

Cargo door

1

 

Change from passenger to freighter configuration

1

 

Avionics

 

Notes:

For CS-25 products, the existence of an ETSO is not taken into account for the classification.

The impact on aircraft performance, and influence of aircraft performance are criteria to assess the classification.

Subjective assessment of human factors is considered for determination of the classification.

CVR

2

 

VHF

2

 

NAV (ADF, VOR, GPS, BRNAV)

2

 

Autopilot, HUD, EFIS, FMS

1

 

DFDR

2/1

 

Meteo radar

2

 

ILS Cat 3

1

 

RVSM

1

 

TCAS, EGPWS

1

 

GPWS

2

 

Powerplant

 

 

Auxiliary fuel tanks

1

 

Thrust reverser system

1

 

Hushkit

1

 

Fire detection

1

 

Fuel gauging

1

 

Change of engine or propeller

1

CS-27 or CS-29

All disciplines

 

Note:

2/1 means that an assessment of consequences in terms of handling qualities and performance may lead to classification in Group 1.

Replacement of main rotor or tail rotor blades

1

 

Autopilot

1

 

Engine type change

1

 

GPS installation

2

 

Jettisonable overhead raft installation

2

 

Utility basket installation

2/1

 

Nose or side mount camera installation

2/1

 

Passenger access step installation

2/1

 

Protection net & handle installation (parachuting)

2

 

VIP cabin layout

2

 

Navigation system installation

2

 

Fuel boost pump automatic switch-on installation

2

 

Decrease of maximum seating capacity

2

 

Agricultural spray kit installation

2/1

 

Long exhaust pipe installation

2

 

Flotation gear installation

2/1

 

Wipers installation

2

 

Engine oil filter installation

2

 

Skid gear covering installation

2/1

 

Gutter installation (top pilot door)

2

 

Cable cutter installation

2

 

Auxiliary fuel tank fixed parts installation

2

 

Cabin doors windows replacement

2

 

Radio altimeter aural warning installation

2

 

Standby horizon autonomous power supply

2

 

Fire attack system

2/1

 

Hoisting system installation

2/1

 

External loads hook installation

2

 

Emergency flotation gear installation

2/1

 

Heating/demisting (P2 supply)

2

21.A.113 Application for a supplemental type-certificate

Regulation (EU) 2019/897

(a) An application for a supplemental type-certificate shall be made in a form and manner established by the Agency.

(b) When applying for a supplemental type-certificate, the applicant shall:

(i)  include in the application the information required by point 21.A.93(b);

(ii)  specify whether the certification data has been or will be prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.

(c)  Point 21.A.93(c) applies to the requirements for the time limits of the application effectivity as well as the requirements related to the need to update the type-certification basis, operational suitability data certification basis and environmental protection requirements, when the change has not been approved or it is evident that it will not be approved within the time limit established.

AMC 21.A.113(a) Form and manner

ED Decision 2019/018/R

The applicant should file an application using the web-based ‘EASA Applicant Portal’23 https://ap.easa.europa.eu (changes to the link provided may not be reflected in this document). or the application form for a supplemental type certificate (STC) (FO.CERT.00033)24 https://www.easa.europa.eu/document-library/application-forms/focert000… (changes to the link provided may not be reflected in this document)., which may be downloaded from the EASA website.

If the form is filled in offline, it should be completed in accordance with the instructions embedded at the bottom of the application form, and sent to EASA by fax, email or regular mail following the information provided on the EASA website25 https://www.easa.europa.eu/document-library/application-forms/certifica… (changes to the link provided may not be reflected in this document)..

21.A.115  Requirements for approval of major changes in the form of a supplemental type-certificate

Regulation (EU) 2019/897

(a) Supplemental type certificates shall be issued by:

1.  the Agency; or

2.  an approved design organisation within the scope of its privileges provided for in points (1) and (9) of point 21.A.263(c), as recorded in the terms of approval.

(b)  A supplemental type-certificate shall only be issued when:

1.  the applicant has demonstrated its capability in accordance with point 21.A.112B;

2.  it has been demonstrated that the change to a type-certificate and areas affected by the change comply with the type-certification basis and the environmental protection requirements, as established by the Agency in accordance with point 21.A.101;

3.  in the case of a supplemental type-certificate affecting the operational suitability data, it has been demonstrated that the necessary changes to the operational suitability data meet the operational suitability data certification basis, as established by the Agency in accordance with point 21.A.101;

4.  compliance with points (2) and (3) has been demonstrated in accordance with point 21.A.20, as applicable to the change; and

5.  in case the applicant has specified that it provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.113(b):

(i)  the type-certificate holder has indicated that it has no technical objection to the information submitted under point 21.A.93; and

(ii)  the type-certificate holder has agreed to collaborate with the supplemental type-certificate holder to ensure discharge of all obligations for continued airworthiness of the changed product through compliance with points 21.A.44 and 21.A.118A.

(c)  By derogation from points (3) and (4) of point (b), at the applicant's request included in the declaration referred to in point 21.A.20(d), the applicant is entitled to have a supplemental type-certificate for an aircraft issued before the applicant has demonstrated compliance with the operational suitability data certification basis, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.

(d)  A supplemental type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the related major change relates.

AMC 21.A.115  Requirements for the approval of major changes in the form of a supplemental type certificate (STC)

ED Decision 2019/018/R

(a) For STCs approved by EASA, the AMC and GM to point 21.A.20 should be followed by the applicant.

(b) For an application under point 21.A.115(c), see GM 21.A.21(b), 21.A.95(c), 21.A.97(c), 21.A.115(c), 21.B.103(b), 21.B.107(b) and 21.B.111(b).

(c) In accordance with point 21.A.115(d), the compliance demonstration process must always cover the specific configuration(s) in the type certificate (TC) to which the STC under approval is applied. These configurations should be defined by the change to the type certificate considering the type certificate data sheet (TCDS) and the relevant optional installations. The demonstration of compliance should cover these specific applicable configurations. Consequently, the approval of the STC excludes any other configurations, in particular those that already existed, but were not considered in the compliance demonstration process, and those that may be certified in future.

(d) For STCs approved by the design organisation approval (DOA) holder under their privilege as per point 21.A.263(c)(9), the process described under AMC No 2 to 21.A.263(c)(5), (8) and (9) applies.

GM 21.A.21(b), 21.A.95(c), 21.A.97(c), 21.A.115(c), 21.B.103(b), 21.B.107(b) and 21.B.111(b) Approval of operational suitability data (OSD)

ED Decision 2019/018/R

It is acknowledged that it may not always be possible to have the OSD available on the date of the issue of the (restricted) type certificate ((R)TC), change approval or supplemental type certificate (STC). The derogation provided by 21.A.21(b), 21.A.95(c), 21.A.97(c), 21.A.115(c), 21.B.103(b), 21.B.107(b) and 21.B.111(b) is intended for that case. The (R)TC, change approval or STC can be issued before compliance with the OSD certification basis has been demonstrated.

However, the OSD needs to be approved before the data is used by a training organisation for the purpose of obtaining a European Union (EU) licence, rating or attestation, or by an EU operator. This is normally done before the entry into service of the first aircraft by an EU operator but it could also be done later for some of the OSD constituents, such as the definition of the scope of validation source data to support the objective qualification of a simulator, which should only be available when a simulator has to be qualified.

The derogation provided in points 21.A.97(c), 21.A.115(c), 21.B.103(b), 21.B.107(b), and 21.B.111(b) is applicable to all major changes to a TC, so it is also applicable to minor design changes when triggering a major master minimum equipment list (MMEL) change, as well as to changes in which at least one of the OSD constituent changes is major.

21.A.116 Transferability

Regulation (EU) No 748/2012

A supplemental type-certificate shall only be transferred to a natural or legal person that is able to undertake the obligations of point 21.A.118A and for this purpose has demonstrated its ability to qualify under the criteria of point 21.A.112B except for ELA1 aircraft for which the natural or legal person has sought the Agency agreement for the use of procedures setting out its activities to undertake these obligations.

21.A.117 Changes to that part of a product covered by a supplemental type-certificate

Regulation (EU) No 748/2012

(a) Minor changes to that part of a product covered by a supplemental type-certificate shall be classified and approved in accordance with Subpart D.

(b) Each major change to that part of a product covered by a supplemental type-certificate shall be approved as a separate supplemental type-certificate in accordance with this Subpart.

(c) By way of derogation from point (b), a major change to that part of a product covered by a supplemental type-certificate submitted by the supplemental type-certificate holder itself may be approved as a change to the existing supplemental type-certificate.

21.A.118A Obligations and EPA marking

Regulation (EU) 2022/201

Each holder of a supplemental type-certificate shall:

(a) undertake the obligations:

1. laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.5, 21.A.6, 21.A.7, 21.A.9 and 21.A.120B;

2. implicit in the collaboration with the type-certificate holder under point 21.A.115(d)(2);

and for this purpose continue to meet the criteria of point 21.A.112B;

(b) specify the marking, including EPA letters, in accordance with point 21.A.804(a).

21.A.118B Duration and continued validity

Regulation (EU) No 748/2012

(a) A supplemental type-certificate shall be issued for an unlimited duration. It shall remain valid subject to:

1. the holder remaining in compliance with this Annex I (Part 21); and

2. the certificate not being surrendered or revoked under the applicable administrative procedures established by the Agency.

(b) Upon surrender or revocation, the supplemental type-certificate shall be returned to the Agency.

21.A.120B Availability of operational suitability data

Regulation (EU) No 69/2014

In the case of a change affecting the operational suitability data, the holder of the supplemental type-certificate shall make available:

(a) at least one set of changes to the operational suitability data prepared in accordance with the applicable operational suitability certification basis, to all known EU operators of the changed aircraft, before the operational suitability data must be used by a training organisation or an EU operator; and

(b) any further change to the affected operational suitability data, to all known EU operators of the changed aircraft; and

(c) on request, the relevant parts of the changes in points (a) and (b) above, to:

1. the competent authority responsible for verifying conformity with one or more elements of the affected operational suitability data; and

2. any person required to comply with one or more elements of this set of operational suitability data.

GM to 21.A.62, 21.A.108 and 21.A.120B Availability of Operational Suitability Data

ED Decision 2014/007/R

(a) When making data available, the holder of the design approval (TC, change approval, STC) should take into account the applicable security laws.

(b) When making data available, the holder of the design approval can impose conditions addressing the intellectual property nature of the data.