Can I, as a DOA holder, use the Form 8110-3 issued by a FAA approved test house as a finalised compliance document?
No, test data issued by a test house should not be considered a finalised compliance document.
The DOA holder is responsible to establish the compliance data for its projects; this includes compliance reports made for flammability. All documents used by the DOA holder to demonstrate compliance must be signed off by a CVE of the DOA holder. This CVE can be external (for instance located within the flammability lab), in which case, the person must be linked to the DOA, being FAA DER or not. And the relation with the external facilities must be established by the DOA holder under the provisions of 21.A.239(c).
If a FAA DER is signing under such scheme, he shall sign according to DOA procedure, and thus FAA Form 8110-3 cannot be used.
Are the repair designs approved by non-EU TC holders considered approved design data by the Agency?
Repair designs approved by non-EU TC holders established in a country where there is no bilateral agreement in place with the European Union, are not considered approved design data and must be approved by the Agency. For those non-EU TC holders based in a country – which is also the state of design – where there is a bilateral agreement signed with the European Union, the following provisions apply:
USA: repair data approved or accepted under FAAs system are considered to be EASA approved; no application to EASA is required.
Canada: repair data approved or accepted under TCCAs system are considered to be EASA approved; validation is not required.
Brazil: repair data approved or accepted under ANACs system are considered to be EASA approved; validation is not required.
In these cases, repair designs requiring the production of new parts that would constitute a design change, are not eligible for acceptance under the Implementation Procedures of the bilateral agreements in place.
For further details and special conditions related to critical components, please refer to the applicable Technical Implementation Procedures for Airworthiness and Environmental Certification.
Can I, as a DOA holder, approve a design change based on a design approval issued outside the EU?
No, a design organisation approval only entitles the holder to perform design activities, and only within the scope of approval detailed in the terms of approval. Some privileges can be included in the mentioned terms of approval that allow the holder to carry out activities without the direct involvement of the Agency. The privileges are always related to designs that are done by the DOA holder, with the involvement of design subcontractors when needed and so decided, and never to designs done by others. A privilege to approve design changes done by others does not exist.
Thus, even though the design approval by the DOA cannot be based on such a prior design approval, it can be based on the design and compliance data, provided a proper subcontracting agreement is established.