Location:

Under development
CASR Part 21 Subpart J – Approved Design Organisations (formerly CASR Part 146)

Background

Design organisations (organisations that produce technical data such as the design of modification/repairs to aircraft and aeronautical products) currently rely on authorisations and delegations to accomplish their work. CASA and industry have agreed that this system has become unwieldy and could be improved by a design organisational approval that allows the organisation to complete its work via adherence to exposition procedures, rather than by gaining multiple CASA permissions.

With a view to standardising airworthiness-related organisational approvals, CASA has proposed adopting the regulatory approach of the European Aviation Safety Agency (EASA) and the associated Regulatory Numbering System. This overall proposal will see organisational approvals for:

  • Continuing Airworthiness Organisations (in CASR Subpart 42.G),
  • Approved Maintenance Organisations (in CASR Subpart 42.F and Part 145),
  • Maintenance Training Organisations (CASR Part 147), as well as
  • Approved Design Organisations (CASR Subpart 21.J).

The current regulations for certification of design organisations for development and approval of design of modifications/repairs and technical data have, over time, become complicated and to some extent outdated. They are not clear, concise or harmonised with international regulatory best practice and are not always appropriate for the Australian aviation environment. Currently, while design organisations approved under regulation 30 of CAR 1988 are permitted to develop a design of modification/repair to aircraft and aeronautical products, they rely on authorised persons for the purpose of regulations 35 and 36 of CAR or CASA for the approval of that design. Furthermore, despite holding a certificate of approval from CASA for design, under regulation 30 of CAR, the current certificate gives no privileges to design organisations.

To address these issues, CASA is revising its design approval requirements and establishing a new regulatory regime to give to the aviation industry various powers and functions under CASR Part 21 “Certification and airworthiness requirements for aircraft and parts” in relation to the approval of designs and technical data.

As a matter of policy, CASA proposes to adopt the regulatory approach to design approval by the European Aviation Safety Agency (EASA). Other major aviation regulatory authorities are also in the process of aligning to EASA approach in this area.

Proposed Subpart 21.J - Approved design organisations

Subpart 21.J will prescribe the rules for certification and operations of approved design organisations (ADOs), who may perform certain design & technical data approval functions under Part 21, within the scope of their certificates of approval without further reference to CASA or an authorised person. A natural person or a body corporate may apply for a design organisation approval.

Subpart 21.J will expand on the existing regulation 30 of CAR for design organisations to provide for a more systematic and comprehensive system for design approval by organisations. It is intended that the coordination and management of many certification projects, currently mostly performed by CASA is to be devolved to ADOs. The scope of the functions that CASA may authorise will depend on the ADO’s demonstrated capabilities and the systems that the ADO has in place to carry out the functions.

The transparent certification system in Subpart 21.J will replace the current administrative process for issuing instruments of appointment under regulation 21.001 of the CASR or regulation 6 of CAR to authorised persons for approval of designs under the CASR and CAR.

To ensure continued compliance with these requirements, once approval is issued, restrictions on certain changes in the organisation’s design assurance system and terms of approval will be placed. CASA will be able to investigate certain matters in relation to the approved design activities and take administrative actions for non-compliances by the certificate of approval holder.

Consequential amendments to CASR and CAR

As the result of the introduction of Subpart 21.J, various consequential amendments will be made to CASR and CAR.

To align with the EASA numbering system, the existing Subpart 21.J of CASR – “Delegation option authorisation procedures”, which is based on FARs numbering system, will be replaced with the proposed Subpart 21.J.

A new Subpart 21.M will be added to Part 21 to specify the requirements for approval of designs for modifications or repairs. Subpart 21.M will provide for the issue of approval for a design of modification/repair or technical data. This Subpart will replace regulations 35/36 and others related provisions in CAR. It will provide a process for approval of designs for modifications or repairs in Part 21, which is aligned with other major aviation countries.

The reference to ‘authorised persons’ in Part 21 related to approvals of design or technical data will be replaced with ADOs, as these ADOs will have privileges to perform certain design and technical data approval and other functions under Part 21, within the scope of their certificates of approval. In addition, subregulation 30(1) will be amended to omit the word ‘design’, and subparagraphs 30(2C)(c)(i), (ii) and (iii) of CAR will be deleted.

The consequential amendments will also set out transitional and savings provisions for designs approved under CAR and for authorised persons who currently have the powers to approve designs under an instrument of appointment.

Project management

Project Leader: Shamshad Quraishi
Project Sponsor: Mark Sinclair, Acting GGM Airworthiness Engineering Group (AEG)