Staff Instruction (SI) No. 513-002

Reciprocal Acceptance of Repair Design Approvals Between the FAA and TCCA

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Issuing Office: Civil Aviation    
Activity Area: Qualifying SI No.: 513-002
File No.: 5009-32-2 Issue No.: 03
RDIMS No.: 4479844 V2 Effective Date: 2008-12-01

1.0  INTRODUCTION

1.1  Purpose

This Staff Instruction (SI) provides guidance on the issuance of repair design approvals and acceptance of repair design data approved by either Transport Canada Civil Aviation (TCCA) or the Federal Aviation Administration (FAA), including their respective delegates and designees for any Canadian or United States of America (U.S.)  registered aircraft or other aeronautical products installed on those aircraft.

1.2  Applicability

This document is applicable to TCCA personnel, delegates, and industry.

1.3  Description of Changes

This document, formerly SI 513-002 Issue 02, has been reissued as SI 513-002 Issue 03. With the exception of editorial changes and updated references to reflect the revised Implementation Procedures for Airworthiness (IPA), the content is unaltered. 

2.0  REFERENCES AND REQUIREMENTS

2.1  Reference Documents

It is intended that the following reference materials be used in conjunction with this document:

  1. Part V Subpart 13 of the Canadian Aviation Regulations  (CARs)—Approval of Modification and Repair Designs;

  2. Part V Subpart 71 of the CARs—Aircraft Maintenance Requirements;

  3. Chapter 513 of the Airworthiness Manual (AWM)—Approval of Modification and Repair Designs;
  4. Standard 571 of the CARs—Maintenance;
  5. Bilateral Aviation safety Agreement (BASA)—Agreement between the Government of Canada and the Government of the United States of America for Promotion of Aviation Safety, dated June 12, 2000;
  6. Implementation Procedures for Airworthiness (IPA) for Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement between the Government of the United States of America and the Government of Canada for Promotion of Aviation Safety, revision 1, dated June 5, 2008;
  7. Federal Aviation Administration (FAA) Title 14, Code of Federal Regulations (CFR):

    1. Part 1— Definitions and Abbreviations;
    2. Part 21— Certification Procedures for Products and Parts;
    3. Part 43— Maintenance, Preventive Maintenance, Rebuilding, and Alteration;
  8. FAA Special Federal Aviation Regulation Number 36 (SFAR 36) — Development of Major Repair Data.

2.2  Cancelled Documents

As of the effective date of this document, the following document is cancelled:

  1. SI 513-002 Issue 02, dated 2005-09-06 — Reciprocal Acceptance of Repair Design Approvals Between FAA and TCCA.

2.3  Definitions and Abbreviations

The following definitions and abbreviations are used in this document:

  1. FAA Form 8110-3, Statement of Compliance means a form used by the FAA or an FAA Designated Engineering Representative (DER) to approve data and identify the regulations to which compliance was found.
  2. FAA Form 8100-9, Statement of Compliance with Airworthiness Standardsmeans a form used for Delegation Option Authorization (DOA) data approval and SFAR 36 compliance findings.
  3. State of Design means the state having jurisdiction over the organization responsible for the type design. The U.S. is the State of Design for aeronautical products that are approved under type certificates issued to U.S. companies and Canada is the State of Design for aeronautical products that are approved under type certificates issued to Canadian companies.
  4. State of Registry means the state on whose register the aircraft is entered, for the purpose of this SI, Canada or the U.S.
  5. TCCA Repair Design Certificate means a TCCA design approval issued by TCCA or TCCA delegate for a specific repair to an aeronautical product.
  6. TCCA Statement of Compliance means a statement by a TCCA delegate to record a finding of compliance with the applicable standards of airworthiness for the specific design approval activity. In the past, the form was referenced as TCCA Form AE-100.
  7. Third Country Product means an aeronautical product that is designed by a state other than Canada or the U.S., and is either registered in Canada or in the U.S. or used on Canadian or U.S. registered aircraft.

3.0  BACKGROUND

3.1  General

  1. In 1994, a joint FAA and TCCA working group was tasked to develop provisions for the reciprocal acceptance of repair design approvals issued by either airworthiness authority for incorporation on the other country’s aircraft. The intent was to use the provisions set forth in the existing Canada and U.S. Bilateral Aviation Safety Agreement (BASA), and to avoid unnecessary duplication of review.
  2. In May 1998, the FAA and TCCA signed a Memorandum of Understanding (MOU) identifying where a repair design approval issued by either authority or their designees and delegates may be accepted by the other, without further review, and installed on either U.S. or Canadian state of design aircraft or on other aeronautical products.
  3. Based on the satisfactory experience gained from the repair procedures established under the 1998 MOU, and the continued close cooperation and support in regulatory and procedural development enjoyed by the two authorities, the MOU was revised on 07 October 2003, to include:

    1. acceptance of repair design data for aeronautical products from States of Design other than the U.S. or Canada; and
    2. direct acceptance of designee/delegate approvals for repair design data.
  4. The intent of the MOU was to accept the repair design data approved by either authority without further showing, however, each authority retains the right to review any data approved by the other authority.
  5. The provisions of the MOU are included in Section 4.2 of the IPA signed on June 5th, 2008, and the MOU withdrawn.
  6. The FAA has published Order 8110.53—Reciprocal Acceptance of Repair Design Data Between FAA and TCCA, which corresponds to this SI.

3.2  Applicability and Limitations

The applicability and limitations of the IPA are as follows:

  1. this SI and Section 4.2 of the IPA cover the reciprocal acceptance of repair design data approvals but do not address manufacturing/production, return to service, installation acceptability, or export airworthiness approvals;
  2. this SI and Section 4.2 of the IPA cover those Canadian or U.S. registered aircraft, aircraft engines and propellers that are type certified in, or have been accepted by, either Canada or the U.S. including appliances, components and any parts that may be installed on those type certified aeronautical products;
  3. only authorized TCCA or FAA personnel and delegates or designees may approve repair design data. Section 4.2 of the IPA does not supersede any level of authority delegated to an FAA DER;
  4. repair design data developed and documented in accordance with the guidelines contained in this or any superseded document may be accepted regardless of the date of approval. Repair design data approvals that do not fall within the criteria of Section 4.2 of the IPA are to be treated as per Chapter 513 of the AWM;
  5. the FAA or its designee and TCCA or its delegate may approve deviations to approved manufacturer repair data as per established procedures;
  6. acceptance of repair design data approved as per SFAR 36 is to be handled according to the provisions in Section 4.3 of the IPA. TCCA does not automatically accept SFAR 36 generated approvals on non-U.S. State of Design products without additional TCCA review; and
  7. repair design data approvals issued by TCCA are to fulfill the requirements of Subpart 513 of the CARs.

3.3  FAA Designees

  1. An FAA designee is an individual or organization authorized by the FAA to make findings of compliance and/or issue a design approval on behalf of the FAA Administrator as per the FAA designee’s scope of authority and the appropriate FAA orders, rules, and regulations. FAA designees include:

    1. A DER, who is an individual designated to represent the FAA Administrator, and is authorized to make findings of compliance with the airworthiness standards of the Federal Aviation Regulations. There are two categories of DERs: consultant and company. A list of all consultant DERs that includes each DERs approval authority based on his/her technical limitations can be found on the FAA’s web site at:

      http://www.faa.gov/other_visit/aviation_industry/designees_delegations/
    2. A DOA, which is a manufacturer holding a current type certificate and production certificate that is authorized by the FAA to conduct type, production, and airworthiness certification functions in accordance with 14 CFR part 21, subpart J.
    3. A Designated Alteration Station (DAS), which is a repair station, air carrier, or manufacturer authorized by the FAA to issue supplemental type certificates in accordance with 14 CFR part 21, subpart M.
    4. An Organization Designation Authorization (ODA), which is an authorization by the FAA for an organization, comprised of an ODA unit(s) using approved procedures to perform approved functions on behalf of the FAA administrator as prescribed in 14 CFR 183. ODA will replace all DOA, DAS, and SFAR 36 authorization by November 2009.
  2. A holder of a SFAR 36, which is a repair station, air carrier, or commercial operator authorized to develop and use major repair data that are not specifically approved by the FAA Administrator in accordance with SFAR 36. A holder of SFAR 36 authority allows certain certificate holders to perform a major repair on a product or article for return to service. Section 4.3 of the IPA provides acceptance of repair design data approved as per SFAR 36.

4.0  ACCEPTANCE PROCEDURES

4.1  U.S. Acceptance of Canadian Repair Design Data

The following Canadian repair design data approvals are considered to be FAA approved technical data for the purpose of incorporation on U.S. registered aircraft or on other aeronautical products intended for installation on U.S. registered aircraft:

  1. Repair design data approvals issued by TCCA and its delegates for incorporation on Canadian and U.S. State of Design aeronautical products are considered to be technical data approved by the FAA Administrator under the terms of Section 4.2 of the IPA.
  2. Repair design data approvals issued by TCCA and its delegates for incorporation on other than U.S. or Canadian State of Design (“Third Country”) aeronautical products are considered technical data approved by the FAA Administrator under the terms of Section 4.2 of the IPA, provided that product is registered in the U.S. or used on U.S. registered aircraft.
  3. Taking into account the established similarity between CARs and Federal Aviation Regulations (FARs), TCCA or its delegate may make statements of compliance in reference to the CARs or FARs, or both, for the design data approvals on U.S. registered aircraft or any component installed on it.
  4. In most cases there are no differences between FARs and corresponding CARs, however, for the cases where the corresponding CAR may not cover the requirements per the FAR, TCCA or its delegate may be requested to make a statement to confirm compliance with those FARs that do not have corresponding CARs.
  5. A list of representative TCCA repair design approval documents issued by TCCA or their delegates is presented in Appendix A.

4.2  Canadian Acceptance of U.S. Repair Design Data

The following U.S repair design data approvals are considered to be TCCA approved data, for the purpose of incorporation on Canadian registered aircraft or on other aeronautical products intended for installation on Canadian registered aircraft:

  1. Repair design data approvals issued by the FAA Aircraft Certification Office (ACO) or Engine Certification Office (ECO) or a duly authorized FAA designee for incorporation on Canadian and U.S. State of Design aeronautical products, are considered to be “TCCA approved data” under the terms of Section 4.2 of the IPA.
  2. Repair design data approvals issued by the FAA ACO or ECO or a duly authorized FAA designee are considered “TCCA approved data” for incorporation on other than the U.S. or Canadian State of Design (“Third Country”) aeronautical products under the terms of Section 4.2 of the IPA, provided that the product is registered in Canada or used on Canadian registered aircraft.
  3. Taking into account the established similarity between FARs and CARs, the FAA or its designees may make statements of compliance in reference to either FARs or Canadian CARs, or both, for the design data approvals on Canadian registered aircraft or any component installed on it.
  4. In most cases there are no differences between CARs and corresponding FARs, however, for the cases where the corresponding FAR may not cover the requirements per the CAR, the FAA or its designee may be requested to make a statement to confirm compliance with those CARs that do not have corresponding FARs.
  5. A list of representative FAA repair design approval documents issued by the FAA or FAA designees is presented in Appendix B.

4.3  Repair Design Data For Aeronautical Products Type Certified By Either Canada or the U.S.

  1. For aeronautical products that are type certified in the U.S. only:

    1. Approval of repair design data may be needed for a U.S. registered aircraft or an aeronautical product installed on a U.S. registered aircraft, irrespective of its State of Design, that has not been type certified by Canada. In that case, TCCA or its delegate may establish the applicable certification basis for the repair standard, by comparative verification of CARs with the subject product certification basis as per the corresponding FAR standards;
    2. The person issuing the Repair Design Certificate (RDC) for an aeronautical product that is not type certified in Canada but is type certified in the U.S., is to be familiar with the same or similar products, and is to have the necessary knowledge of the applicable design standards for that aeronautical product; and
    3. A difference in the corresponding standards may warrant clarification. The Aircraft Certification Standards Division (AARTC) of the Standrads Branch, as identified in section 6.0 of this SI, may be consulted before the approval of repair design data is issued when:

      1. an RDC for structural repair data approval on a U.S. type certified model aircraft that is not type certified in Canada may be issued when there is a familiarity and knowledge of similar “Fail Safe structure design standards” applied to other aircraft models by the same Type Certificate (TC) holder that are type certified in Canada.
      2. an RDC for repairing components that may be installed on U.S. type certified aircraft may be issued, provided that the familiarity and knowledge base exists at the component level.
  2. For aeronautical products that are type certified in Canada only — U.S. approval of repair design data may be needed for a Canadian registered aircraft or an aeronautical product installed on a Canadian registered aircraft, irrespective of its State of Design, when it has not been type certified by the U.S. In that case, the approval will be handled on a case-by-case basis between the FAA and TCCA as per technical assistance provisions in the BASA IPA agreement. TCCA remains fully responsible for any such approvals.

4.4  Minor Repair Design Data

  1. FAA will accept minor repair data found acceptable under TCCA procedures, where the repairs are intended for incorporation on any U.S. registered aircraft, or any other aeronautical products intended for installation on U.S. registered aircraft.
  2. TCCA will accept minor repair data found acceptable under FAA procedures, where the repairs are intended for incorporation on any Canadian registered aircraft or any other aeronautical products intended for installation on Canadian registered aircraft.
  3. TCCA and FAA definition and classification of repairs (minor or major) might differ in some cases, which may result in a different classification of a repair under each regulatory system. The person performing the repair is to determine the appropriate classification for the repair as applicable:

    1. for repairs intended for incorporation on U.S registered aircraft or other products, installed on U.S. registered aircraft, classification is to be determined on the basis of 14 CFR, Part 1 and Part 43, Appendix A; or
    2. for repairs intended for incorporation on a Canadian registered aircraft or on other products installed on Canadian registered aircraft, classification is to be determined on the basis of Part 1 of the CARs and Appendix A of Standard 571 of the CARs.

5.0  CONSIDERATIONS FOR REPAIRS INTENDED FOR INCORPORATION ON ENGINES, PROPELLERS AND OTHER COMPONENTS/APPLIANCES

5.1  Repairs Intended For Incorporation On Engines And Propellers

For the approval of engine and propeller repair design data, it is the State of Design of the engine or propeller, which is responsible for the type certificate, that determines the applicable acceptance procedures of Section 4.2 of the IPA and outlined in Section 4.0 of this SI, and NOT the State of Design of the aircraft that the engine and propeller may be installed on.

5.2  Repairs To Aeronautical Products That Do Not Have a Type Certificate Or A TSO Approval

  1. Components or products, which are not type certified or have a Technical Standard Order (TSO) design approval, are approved as part of the aircraft, engine or propeller TC or a subsequent applicable Supplemental Type Certificate (STC).
  2. It is the state of design for the type certified product (i.e. the engine, propeller or airframe) on which the component is installed that determines the applicable acceptance procedures of Section 4.2 of the IPA and outlined in Section 4.0 of this SI, and NOT the country or state of design of the repaired component itself.

6.0  CONTACT OFFICE

For more information please contact:
Manager, Policies and Procedures (AARTC)

Phone: 613-990-3923
Facsimile:613-951-3298
E-mail: Martin.Thieringer@tc.gc.ca

Suggestions for amendment to this document are invited and should be submitted via the Transport Canada Civil Aviation Issues Reporting System (CAIRS) at the following Internet address:

www.tc.gc.ca/CAIRS

or by e-mail at: CAIRS_NCR@tc.gc.ca

Original signed by Don Sherritt on December 3, 2008

D.B. Sherritt
Director, Standards
Civil Aviation

APPENDIX A – CANADIAN REPAIR DESIGN APPROVALS

This table indicates the typical types of approval documentation issued by either TCCA or TCCA delegates to indicate approval of the data for repair designs on aeronautical products.

TABLE 1
Organization Approving Repair Design (TCCA
or TCCA Delegate)
Repair Design Approval Documentation Comments
Typical Possible
TCCA • Repair Design Certificate (RDC) • Transport Canada approval letter (for approvals issued prior to 1991) These approvals may be based on a recommendation for approval from a TCCA delegate, under original MOU provision.
Between 1 January 1991 and 1 December 1998, RDCs were called Repair Design Approvals (RDAs).
Type Certificate Holder

•  Design Approval Organization (DAO)
•  Service Bulletin, or

•  Engineering Order (or equivalent), or

•  Revisions to Instructions for Continued Airworthiness
•  RDC Repair design data approvals issued by the Type Certificate holder (and its delegates) are considered “FAA approved” data under 14 CFR Part 21, section 21.29.
Non-Type Certificate Holder:

•  DAO

•  Individual consultant / Engineer, Design Approval Representative (DAR)

•  Airline / Air Carrier Operator

•  Airworthiness Engineering Organization (AEO)
•  RDC • TCCA AE-100 (statement of compliance form) issued for approvals before 1991 only

•  TCCA Statement of Compliance
 

Information Note:

  1. An RDC is issued to record the approval of repair design data used:

    1. to restore aircraft to an airworthy condition when the original design of an aeronautical product, identified by serial number, has sustained damage or deterioration beyond acceptable tolerance limits; or

    2. for repeated incorporation during the repair or overhaul of aeronautical products or components thereof, identified by part numbers or other identification unique to these components.

  2. The approval document is to include approved repair design data that affects or initiates any instructions for continued airworthiness information.
  3. In case of uncertainty with respect to the format or acceptability of the Canadian repair design documentation provided, consult with the FAA New York ACO.
  4. Statement of compliance form AE-100 may be accepted as an approval only for repair design data prior to 1991.

APPENDIX B – U.S. REPAIR DESIGN APPROVALS/TYPICAL DOCUMENTATION

This table indicates the typical types of approval documentation issued by either the FAA or FAA designees to indicate approval of the data for repair designs on aeronautical products.

TABLE 2
Organization Approving Repair Design (the FAA or FAA designee/delegate) Repair Design Approval Documentation Comments
Typical Possible
The FAA • FAA approval letter   These approvals may be based on a recommendation for approval from an FAA designee.
Type Certificate Holder

•  Designated Engineering Representative (DER)

•  Delegation Option Authorization (DOA)
•  Service Bulletin, or

• Engineering Order (or equivalent), or

• Instructions for Continued Airworthiness (SRM, etc.)
• FAA Form 8110-3

• FAA Form 8100-9
Repair designs approvals issued by the Type Certificate holder (and its designees/delegates) are considered “TCCA approved” data under Part V, Subpart 71 of the CARs and section 571.06 of the AWM.
Non-Type Certificate Holder:

•  Individual consultant / DER or

•  Repair Stations / Air Carriers / Operators / Manufacturers (Designated Alteration Station (DAS))
• FAA Form 8110-3 • Service bulletin

• FAA Form 8100-9
 

Information Note:

  1. Unlike a Canadian RDC that uses a single certificate to record the approval of data for repair there may be more than one FAA Form 8110-3 issued for a single repair design data approval, if:

    1. there are multiple forms issued for a single repair, each form will have a statement to cross-reference the other applicable forms;

    2. the approved repair design data affect or initiate any instructions for continued airworthiness, the approval document is to include that information; or

    3. there is uncertainty regarding the format or acceptability of the U.S. repair design or the documentation provided, consult with TCCA Aircraft Certification, Aircraft Certification Standards Division or any TCCA Regional Aircraft Certification Office.
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