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GM1 26.332(c)(ii) and 26.334 FCMS and DTE for STCs and other changes approved prior to 1 September 2003

ED Decision 2020/023/R

The design approval holder should normally receive a request from an operator for FCMS lists and a DTI within 13 months of the date of applicability of the Regulation following the operator’s review of records to identify modifications affecting the FCBS, (see CS 26.370(b)(ii)). The request should result in the design approval holder listing the FCMSs, performing a DTE and making the approved FCMS list and a DTI available to the operator.

Design approval holders are recommended to initiate DTE of STCs and other changes as soon as possible if it is considered likely that operators will make a request.

When a request is received, the date of its receipt should be recorded, and a record kept of the subsequent communications with the operator, the agreements reached, and actions taken. An example of such records would be a copy of the contract to perform the DTE.

If no request for a DTI is made by an operator prior to 26 February 2023, the design approval holder may assume that their support is not required by any operator to develop a DTI because the aeroplane is not currently in operation according to Regulation (EU) No 965/2012 Annex IV (Part-CAT).

In this case, it is not necessary for the design approval holder to develop an FCMS list or DT data until such a request is received from an operator; for example, when an aeroplane is incorporated into their fleet.

Note: It might also be possible that an operator operating under Regulation (EU) No 965/2012 Annex IV (Part-CAT) has engaged the support of a third party to develop the DTI, but there is no obligation on the design approval holder to verify whether this is the case. If a design approval holder is in a situation where the need to comply with point 26.334 of Part-26 is not clear, this should be highlighted to EASA in the frame of the discussion of the compliance plan required in point 26.331 of Part-26 in order to find a way forward.

[Issue: 26/3]