GM1 26.370(a)(ii) Means to address the adverse effects of repairs and modifications

ED Decision 2020/023/R

Unless an operator or owner complies with CS 26.370(i) and in order to comply in a timely manner with point 26.370(a)(ii) of Part-26, 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 AMP before 26 February 2024 are those DTIs that have been developed by the TC holder and STC holders in compliance with points 26.302, 26.307 and 26.333 of Part-26. 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 operators, allowing them to incorporate the data prior to 26 February 2024. The operator will need to identify and contact the design approval holder for the applicable modification and request DT data for the modification. If the design approval holder for a modification installed on an operator’s aeroplane no longer exists or does not make the DTI available for some reason that is out of the operator’s control, 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 modification, including the agreements by which the DTIs will be obtained.

For modifications approved after 1 September 2003, if the operator decides not to obtain the DTI that is available from the design approval holder of the modification and elects to contract a third party, the timescale of CS 26.370(e) for the incorporation of the approved DTI into the AMP remains unchanged.

For the DTIs of modifications where the TC holder is not the approval holder and the approval was issued prior to 1 September 2003, the operator will have to make a request for that data to the approval holder, who would then have to comply with point 26.334 of Part-26 and make the DTIs available, or the operator 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 AMP 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 Part-26, 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 modification identified in the review of records as per CS 26.370(c), when the DTI for a modification is not already incorporated into the AMP, the operator should ensure that it will be obtained. This means that the design approval holders of all modifications for which the operator 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 Part-26 and described in Appendix 3 to AMC 20-20A.

[Issue: 26/3]