AMC 21L.B.62(b) Physical inspection and assessment of the first article of a given aircraft in the final configuration (first-article inspection) prior to the registration of a declaration of design compliance

1. Purpose

The purposes of the first-article inspection (of the article that is in conformance with the proposed type design for certification) prior to the registration of a declaration of design compliance for a particular aircraft design are:

a. for EASA to ensure the completion of the demonstration-of-compliance activities conducted by the declarant under point 21L.A.44 in accordance with the information provided in accordance with point 21L.A.43 and in particular the compliance-demonstration plan;

b. for EASA to ensure[86] that the designed aircraft is capable of conducting safe flight during in-service operations and does not have any environmental incompatibilities;

c. in case the declarant is a declared design organisation, for EASA to conduct further oversight in accordance with point 21L.B.183(b) of Subpart J in order to ensure that the declarant is able to discharge its obligations;

Note: Under Subpart C of Section A there is no obligation for a declarant of an aircraft declaration of design compliance to submit a declaration of design capability.

2. Methodology and evidence

The first-article inspection should be conducted by EASA at an appropriate location(s) selected by the declarant. This (these) location(s) should include the physical location of the aircraft for which the declaration of design compliance has been submitted under point 21L.A.43 and should be in the principal place of business (which in accordance with Article 8(2) of Regulation (EU) No 748/2012 must be in an EU Member State).

The Agency should conduct a physical inspection of the aircraft, engine or propeller for which the registration of a declaration of design compliance has been requested. This inspection, along with any other activity that EASA deems necessary (see point 21L.A.44(f)), should ensure that the objectives mentioned in point 1 are met. Evidence to support compliance should be gathered by EASA prior to and during the first-article inspection. The physical inspection of the aircraft and, if applicable, of the engine and propeller will provide substantial evidence that the aircraft is capable of conducting a safe flight and is environmentally compatible during in-service operations and that the declarant (if a declared design organisation) is able to discharge its obligations.

Additional sources of evidence during the visit at the declarant’s facilities may include:

a. witnessing or participating to live testing (including flight testing) of the aircraft, engine, propeller, systems or components;

b. review of the completeness of the compliance-demonstration plan produced by the declarant and how it relates to the final design;

c. determination of the completeness of supporting compliance documentation and test reports and how they relate to the first article under inspection;

d. discussions with key design and production personnel;

e. in case of need and if relevant, a review of the design processes and procedures in order to determine root causes of any issues that are discovered.

It will be necessary for EASA to conduct flight testing of the final configuration of the aircraft. The flight testing will be performed according to a plan proposed by the declarant prior to the first-article inspection and agreed by EASA.

Flight testing could be a combination of:

a. a predefined flight-test plan that is not specific to the particular aircraft type;

b. specific flight testing to focus on targeted aspects after a review of the declarant’s flight-testing data/reports.

The above list of additional sources of evidence is not exhaustive.

It is possible that during the first-article inspection EASA may discover evidence that indicates that the declarant has:

a. misunderstood, misinterpreted or not demonstrated compliance with the applicable technical specifications or the applicable environmental protection requirements, which could lead to an unsafe or an environmentally incompatible design;

b. not fulfilled its design obligations as a declared design organisation (if applicable);

c. not utilised good design management principles to ensure compliance or control of the design.

If such evidence is discovered, EASA may wish to conduct a more in-depth investigation into the compliance documentation and/or the design practices of the declarant. This in-depth investigation should determine whether or not compliance was demonstrated, the root cause(s) and the corrective actions. This investigation should also aim to prevent a reoccurrence of the issue.

3. Aircraft condition and configuration

The aircraft presented to EASA should be in the final configuration for which the declarant has submitted a declaration of design compliance.

It is possible that the declarant could arrange visits with EASA prior to the declaration of the compliance demonstration being submitted (for example, for noise testing).

Any differences between the configuration presented to EASA for the first-article inspection and the final configuration in the declaration of compliance demonstration should be justified by the declarant and should, therefore, be subject to detailed scrutiny during the first-article inspection.

5. Findings and resolution

If a non-compliance is discovered by EASA in the process of the activities mentioned in point 2, an appropriate finding or observation should be raised by EASA against the given aircraft or, if applicable, the declared design organisation in accordance with point 21L.B.21 which, may result in the enforcement measures contained in point 21L.B.22. These findings should be resolved before the declaration of design compliance is registered.