21L.A.107 Declaration of design compliance for a major change

(a)     Prior to installing or incorporating or agreeing with a production organisation to install or incorporate a major change to the design of an aircraft for which design compliance has been declared in accordance with Subpart C of this Annex, the organisation that has designed that major change shall declare that the design of that major change and the areas affected by that change comply with:

1.       either the detailed technical specifications incorporated by reference in the declaration of design compliance of the aircraft, unless those detailed technical specifications or parts of them are no longer applicable in accordance with point 21L.B.61 because the Agency has determined that experience from other similar products in service or products that have similar design features has shown that unsafe conditions may develop and the detailed technical specifications that were referenced in the declaration of design compliance of the aircraft do not address this unsafe condition, or

2.       the detailed technical specifications applicable on the date on which the declaration is made in accordance with point 21L.B.61, if chosen by the declarant; and

3.       the applicable environmental protection requirements referred to in point 21L.B.61 which are applicable on the date on which the declaration is made.

(b)     The declaration of design compliance shall be made in a form and manner established by the Agency.

(c)      The declaration shall contain at least the following information:

1.       the name of the person submitting the declaration, and their address/place of business;

2.       the declaration reference number of the aircraft to which the major change relates;

3.       a unique reference for identifying the major change;

4.       indication of the detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance;

5.       a signed statement made under the sole responsibility of the person making the declaration that the design of the major change is in compliance with the detailed technical specifications and the applicable environmental protection requirements referred to in point (4), according to the compliance demonstration plan referred to in point (d)(3);

6.       a signed statement made under the sole responsibility of the person making the declaration that no features or characteristics have been identified by that person that may make the aircraft unsafe or environmentally incompatible for the intended use;

7.       a signed commitment that the person making the declaration will undertake the obligations referred to in point 21L.A.47 in respect of the changed aircraft design;

8.       the instructions for continued airworthiness;

9.       the operating limitations, if changed;

10.     the data sheet for airworthiness and, if applicable, the record of emissions compliance;

11.     the data sheet for noise, if applicable;

12.     any other conditions or limitations prescribed for the aircraft in the applicable detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance.

(d)     The declarant that designs a major change shall submit the declaration referred to in point (c) to the Agency. Together with this declaration, the declarant shall provide to the Agency:

1.       a description of the major change;

2.       basic data about the major change, including the operating characteristics, design features and any limitations;

3.       a compliance demonstration plan detailing the means for compliance demonstration that was followed during the compliance demonstration;

4.       recorded justifications of compliance within the compliance data obtained from the compliance activities that have been conducted according to the compliance demonstration plan;

5.       the means by which such compliance with the applicable detailed technical specifications and applicable environmental protection requirements in point 21L.B.61 has been demonstrated;

6.       where compliance is demonstrated by carrying out tests, recorded justification of the conformity of the test articles and equipment, demonstrating:

(i)      for the test specimen, that:

(A)     the materials and processes adequately conformed to the specifications for the design;

(B)     the constituent parts of the products adequately conformed to the drawings in the design; and

(C)     the manufacturing processes, construction and assembly adequately conformed to those specified in the design;

(ii)     that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated;

7.       reports, results of inspections or tests that the declarant found necessary to determine that the aircraft complies with the applicable detailed technical specifications and applicable environmental protection requirements.

(e)     The declaration of a major change to a declaration of design compliance shall be limited to the specific configuration(s) in the declaration of design compliance to which the change relates.