21L.A.241 Permit to fly and flight conditions

Regulation (EU) 2022/1358

(a) The procedures for applying for the issuance of permits to fly and related flight conditions for aircraft within the scope of this Annex shall be those established in Subpart P of Section A of Annex I (Part 21) and those established in points (b) and (c) of point 21L.A.241.

(b) When applying for a permit to fly in accordance with point 21.A.707 of Annex I (Part 21) , the applicant shall arrange for the competent authority to conduct a conformity inspection of the aircraft when the application for a permit to fly relates to:

1. the demonstration of compliance activities in point 21L.A.25 for an aircraft which is, or is intended to be, type-certified;

2. the demonstration of compliance activities in point 21L.A.44 for an aircraft for which design compliance is, or is intended to be, declared.

(c) When applying for flight conditions in accordance with point 21.A.709 of Annex I (Part 21), the applicant shall arrange for the Agency:

1. to physically inspect and assess the aircraft if the flight conditions are related to the demonstration of compliance to support a declaration of design compliance in point 21L.A.44 and if requested by the Agency during the demonstration of compliance activities as referred to in point (b) of point 21L.B.121 and point (c) of point 21L.B.203; or

2. to physically inspect and assess the aircraft and to conduct a critical design review if the flight conditions are related to the demonstration of compliance associated with the certification of the design in point 21L.A.25 and if requested by the Agency in point 21L.B.83, point 21L.B.102 and point 21L.B.203.

AMC1 21L.A.241(b)(1);(c)(2) Physical inspection and critical design review

ED Decision 2023/013/R

PHYSICAL INSPECTION AND CRITICAL DESIGN REVIEW OF PRODUCTS TO BE CERTIFIED

1. Introduction

For the purposes of this AMC, ‘physical inspection and critical design review’ includes:

a. the investigation prior to the issuance of the permit to fly, which consists of a physical conformity inspection of the aircraft by the competent authority; and

b. the investigation prior to the approval of the flight conditions, which consists of a critical design review of the design at this stage supported by a physical inspection and assessment of the aircraft design by EASA.

Note: It is possible that an oversight visit to the applicant may be found to be necessary prior to the submission of the application for the approval of the flight conditions and the issuance of a permit to fly to ensure the conformity of the aircraft for which a permit to fly has been requested. This could be due to difficulties the competent authority could have in establishing the conformity of major subassemblies after final assembly or due to the fact that the competent authority may wish to check the conformity of lower assemblies. The applicant should approach its competent authority to identify this need early on in the production of the prototype.

2. Purpose

The purposes of the physical inspection and the critical design review prior to the approval of the flight conditions and the issuance of a permit to fly for a particular aircraft design for which an application for a type certificate has been submitted are:

a. for EASA to verify⁹⁸The verification is limited to the scope of the activities that can be conducted under point 3 and the elements of the design that are selected for review based upon a risk-based approach to compliance. that the demonstration-of-compliance activities conducted by the applicant under point 21L.A.25 have reached a sufficient level of maturity to progress to flight testing in order to conclude the demonstration of compliance;

b. for EASA to ensure that the design configuration for which the flight conditions have been requested is capable of conducting safe flight during flight testing;

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

d. for the competent authority to ensure the conformity of the aircraft with the configuration for which the issuance of a permit to fly has been requested;

e.  in case the applicant is a declared production organisation, for the competent authority to conduct the first oversight visit in accordance with point 21L.B.143(b) of Subpart G and point 21L.B.241 of Subpart P in order to ensure that the applicant is able to discharge its obligations and is capable of producing or controlling the production of aircraft, products and parts that conform with the design data.

3. Methodology and evidence

The applicant should arrange for the physical inspection and the critical design review to be conducted by EASA and the competent authority at an appropriate location(s) where effective design review and inspection activities can take place.

This (these) location(s) should:

—      include the physical location of the aircraft for which the approval of the flight conditions and the issuance of a permit to fly have been requested;

—      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); and

—      in case the applicant is a declared production organisation, be in a location that enables the competent authority to conduct the oversight visit stated in point 2(e) above; this (these) location(s) should include the actual production and manufacture of significant elements of the aircraft to enable the competent authority to determine that the declared production organisation is in compliance with the declaration of production capability that was submitted.

Note: The principal place of business is defined as follows: ‘The head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised.’

The Agency and the competent authority will conduct a physical inspection of the aircraft, engine or propeller for which the approval of the flight conditions and the issuance of a permit to fly have been requested. This inspection, along with any other activity that EASA deems necessary (see point 21L.A.25(e)), should ensure that the objectives mentioned in point 2 are met.

The applicant for the approval of the flight conditions and for the issuance of a permit to fly should make the following arrangements to support the physical inspection and critical design review:

a. prepare the aircraft, engine, propeller, systems or components for live testing upon the request of EASA or the competent authority;

b. make available the latest compliance-demonstration plan;

c. make available the latest versions of supporting compliance documentation and test reports;

d. provide access to key design and production personnel;

e. make available any relevant conformity documentation;

f. make available the relevant design or production processes and procedures used.

4. Aircraft condition and configuration

The applicant should ensure that the aircraft presented to EASA and the competent authority is in a condition for first flight and is in the configuration for which the approval of the flight conditions and the issuance of a permit to fly have been requested.

5. Findings and resolution

In the process of the activities mentioned in point 3, EASA or the competent authority may raise an appropriate finding against the aircraft or declared design organisation or declared production organisation if a non-compliance is discovered. Depending upon their nature, these findings may need to be resolved by the applicant before the flight conditions are approved or the permit to fly is issued.

AMC1 21L.A.241(b)(2);(c)(1) physical inspection and safety review

ED Decision 2023/013/R

PHYSICAL INSPECTION AND SAFETY REVIEW OF AIRCRAFT TO BE DECLARED

1. Introduction

For the purposes of this AMC, ‘physical inspection and safety review’ includes:

a. the investigation prior to the issuance of the permit to fly, which consists of a physical conformity inspection of the aircraft by the competent authority; and

b. the investigation prior to the approval of the flight conditions, which consists of a safety review by conducting a physical inspection and assessment of the aircraft by EASA.

Note: It is possible that an oversight visit to the declarant may be found to be necessary prior to the submission of the application for the approval of the flight conditions and the issuance of a permit to fly to ensure the conformity of the aircraft for which a permit to fly has been requested. This could be due to difficulties the competent authority could have in establishing the conformity of major subassemblies after final assembly or the fact that the competent authority would wish to check the conformity of lower assemblies. The declarant should approach its competent authority to identify this need early on in the production of the prototype.

2. Purpose

The purposes of the physical inspection and the safety review prior to the approval of the flight conditions and the issuance of a permit to fly for a particular aircraft design for which the declarant intends to submit a declaration of design compliance are:

a. for EASA to ensure⁹⁹This is limited to the scope of the activities that can be conducted under point 3 and the elements of the product that are selected for inspection based upon a risk-based approach to safety and environmental incompatibility. that the design configuration, for which the flight conditions have been requested for the compliance activities under point 21L.A.44, is capable of conducting safe flight during flight testing and that the design and the related compliance are sufficiently mature so as not to pose an unacceptable level of risk;

b. in case the declarant is a declared design organisation, for EASA to conduct the first oversight visit 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 to submit a declaration of design capability and become a declared design organisation.

c. for the competent authority to ensure the conformity of the aircraft with the configuration for which the issuance of a permit to fly has been requested;

d. for the competent authority to:

i. either, in case the declarant is a declared production organisation, conduct the first oversight visit in accordance with point 21L.B.143(b) of Subpart G and point 21L.B.241 of Subpart P in order to ensure that the declarant is able to discharge its obligations and is capable of producing or controlling the production of aircraft, products and parts that conform with the design data; or

ii. conduct a first oversight visit of the production organisation that intends to issue statements of conformity for aircraft, which conform to a declaration of design compliance, to ensure that the production organisation is capable of fulfilling its obligations under Subpart R.

3. Methodology and evidence

The declarant should arrange for the physical inspection and the safety review to be conducted by EASA and the competent authority at an appropriate location(s) where an effective review and inspection activities can take place.

This (these) location(s) should:

—      include the physical location of the aircraft for which the approval of the flight conditions and the issuance of a permit to fly have been requested;

—      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); and

—      in case the declarant is a declared production organisation or uses Subpart R, be in a location that enables the competent authority to conduct the oversight stated in
point (2)(d) above; this location should include the actual production and manufacture of significant elements of the aircraft to enable the competent authority to determine that the declared production organisation or natural or legal person is in compliance with either the declaration of production capability that was submitted or with Subpart R.

Note: The principal place of business is defined as follows: ‘The head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised.’

The Agency and the competent authority will conduct a physical inspection of the aircraft, engine or propeller for which the approval of the flight conditions and the issuance of a permit to fly have been requested. This inspection, along with any other activity that EASA or the competent authority deems necessary (for example, see point 21L.A.44(f)), should ensure that the objectives mentioned in point 2 are met.

The declarant that applies for the approval of the flight conditions and the issuance of a permit to fly should make the following arrangements to support the physical inspection and safety review:

a. prepare the aircraft, engine, propeller, systems or components for live testing upon the request of EASA or the competent authority;

b. make available the compliance-demonstration plan for a particular aircraft;

c. make available relevant supporting compliance documentation and test reports;

d. provide access to key design and production personnel;

e. make available relevant conformity documentation;

f. make available the relevant design or production processes and procedures used.

4. Aircraft condition and configuration

The declarant should ensure that the aircraft presented to EASA and the competent authority is in a condition for first flight and is in the configuration for which the approval of the flight conditions and the issuance of a permit to fly have been requested.

5. Findings and resolution

In the process of the activities mentioned in point 3, EASA or the competent authority may raise an appropriate finding against the aircraft or the production organisation if a non-compliance is discovered. These findings may need to be resolved by the declarant before the flight conditions are approved or the permit to fly is issued.