Regulatory Notice · MAA/RN/2016/12 Page 3 of 22 13. Issue of MTCs. MTCs will be issued in the following manner: a. MTCs will be issued in hard-copy to the MTCH. The MTC Management

MAA/RN/2016/12 Page 1 of 22

Regulatory Notice

24 Nov 16

MAA/RN/2016/12 – MILITARY TYPE CERTIFICATES EXPLAINED

Issue

1. The first Military Type Certificate (MTC) was issued to a DE&S Project Team Type Airworthiness Authority (TAA) in April 2016. Regulatory Article (RA) 58051 details the responsibilities of the MTC Holder (MTCH), RA58102 provides the regulatory requirements for achieving a MTC and RA58203 covers changes in type design. However, it is recognised that they do not, at this stage, provide the Regulated Community (RC) with sufficient detail about how the MTC will be managed through life.

Scope

2. This Regulatory Notice (RN) is supplementary to RAs 5805, 5810 and 5820 and provides additional information to the RC on their management through the life of an Air System, including the reasons for, and implications of, their suspension or revocation.

Implementation

3. The information contained within this RN is effective immediately. It replaces MAA/RN/2016/03 dated 7 Apr 16.

Military Type Certificate

4. Type Airworthiness Authorities intending to bring new Air Systems onto the Military Aircraft Register (MAR), for operation in the Service Environment, are required to complete the Military Air System Certification Process (MACP) as defined in RA5810. Successful completion of the MACP will result in the issue of a MTC. Subsequent Major changes in the Type Design (including new Marks/variants), as defined in RA5820, will also require completion of the MACP, successful completion of which will result in an up-issued MTC.

5. The MTC, therefore, provides assurance to the Release to Service Authority (RTSA) and Aviation Duty Holder (ADH) that the Type Airworthiness arrangements in place for the Air System have been assessed to be adequate by the Military Aviation Authority (MAA) as an independent authority.

6. MTCs will have a supporting Annex that details the certificated Marks/variants of the Type and Major Changes in Type Design. For a Restricted MTC (RMTC, see below), the Annex will also stipulate a Validity Restriction and/or any MAA-mandated Operating Restrictions. In contrast to a civil Type Certificate (TC), the MTC will not have an accompanying Type Certificate Data Sheet (TCDS) because most of the data provided in a civil TCDS is published in the military Air System Release To Service (RTS). The RTS is derived from the MTC Applicant’s Release To Service Recommendations (RTSR) which are audited by the MAA prior to issue of a MTC. By auditing the RTSR, the MAA is able to review the technical data and operating limitations that are to be published in the RTS.

1 RA5805 - Responsibilities of the Holders of a Military Type Certificate (MTC) and MAA Design Organization Approvals (MRP 21 Subpart A). 2 RA5810 - Military Type Certificate (MTC) (MRP 21 Subpart B). 3 RA5820 - Changes in Type Design (MRP 21 Subpart D).

Comparison with Civil TC

7. It is important to note that a MTC is not the same as a civil TC. Both certificates define the Type Design and certify that appropriate processes have been followed in establishing the airworthiness of the Air System Type, but, there are some fundamental differences. The most significant is that MAA Regulations, unlike their civil equivalents, are not enshrined in law4. Consequently, a MTC must be held by a Crown Servant over whom the Secretary of State for Defence has authority, rather than by a Design Organisation, whose obligations can only be enforced through contractual arrangements. Furthermore, the necessary ability for the MOD to be able to change a Type Design without the involvement of the original Design Organisation (for example through Service Modifications) is also facilitated by issuing the MTC to a Crown Servant.

8. The Design Organisation still plays a vital role in maintaining the validity of the MTC and informing the decisions of the MTCH, but only through their contractual obligations. Therefore, any enforcement actions taken by the MAA regarding a MTC apply only to the Crown Servant MTCH and not the Design Organisation (see suspensions and revocations, below).

Military Type Certificate Holder

9. As the Crown Servant responsible for the Type Airworthiness of an Air System on the MAR, the Applicant5 for military certification of the Air System (the TAA) will become the MTCH for that Air System Type. The requirements of RA10036 ensure that the TAA role is always undertaken by a competent individual, thereby allowing a MTC to be issued to the TAA post rather than to an individual.

10. A MTCH will be responsible for maintaining the validity of their MTC. In order to do so, the MTCH should fulfil the responsibilities of a TAA, as contained in RA10157, together with the MTCH responsibilities detailed in RA5805.

11. Should the MTCH wish to transfer the MTC to another TAA within the UK Defence Air Environment, for example as a result of a re-organisation within DE&S, then the transfer shall be done iaw RA5810(16) and the prospective new Holder would need to apply to the MAA (using Procedure 4.1 at the Annex) with sufficient evidence to demonstrate that they are capable of holding the MTC. The application should also be endorsed by the existing MTCH and the relevant DE&S Operating Centre Director(s).

Restricted MTCs

12. RA5810(11) defines the circumstances where the MAA will issue a RMTC to the TAA signifying that the regulatory requirements have not been fully satisfied but the MAA has deemed that, subject to any caveats, there is no significant reduction in airworthiness. In cases where the MTCH will be required to present additional evidence to the MAA, a validity period will be stipulated on the RMTC. Failure of the MTCH to satisfy the evidence requirements within this period, or to provide appropriate justification for an extension to the validity period (Procedure 1.4 at the Annex), will result in the instigation of Enforcement Action in accordance with MAA01 that may, ultimately, lead to suspension or revocation of the RMTC (Procedures 2.1 to 2.4 at the Annex).

Management of MTCs


4 EASA’s legal powers derive from its ‘Basic Regulation’ - Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 and subsequent amendments. 5 Through the submission of a MAA Form 30. 6 RA1003 - Delegation of Airworthiness Authority and Notification of Air Safety Responsibility (DE&S). 7 RA1015 - Type Airworthiness Authority (TAA), Airworthiness Responsibilities.

13. Issue of MTCs. MTCs will be issued in the following manner:

a. MTCs will be issued in hard-copy to the MTCH. The MTC Management Procedures at the Annex detail the actions to be taken (by the MTCH and MAA) for the initial and subsequent revisions of a MTC.

b. Electronic copies of certificates will be issued to the MTCH in parallel with the hard-copy certificate; this is for information purposes pending delivery of the hard-copy certificate. The hard-copy certificate is the master document and must always be surrendered to the MAA before an up-issued certificate can be issued. This procedure ensures that only one hard-copy of a MTC exists at any one time. Hard-copy MTCs will be embossed to confirm authenticity of the certificate.

c. Replacement certificates may be issued following the loss/unintended destruction of a MTC (Procedure 4.4 at the Annex); however, they will be clearly annotated as such.

14. Changes to the MTC. Any changes to the MTC will be processed as follows:

a. Any future changes in Type Design must be managed by the MTCH. Regardless of the change, the principles relating to the change in Type Design of RA5820 should be followed to ensure that an appropriate audit trail of airworthiness evidence is maintained by the MTCH to support their Type Design. Where a Design Organization has been granted privileges under RA58508 to categorize and authorize Minor Changes in Type Design, then the MTCH should document the extent to which this privilege has been enacted and how oversight is maintained to ensure that the scope of the privilege has not been exceeded. Any changes classified as Major iaw RA5820(4) should be notified to the MAA iaw RA5820(2) and may be subject to independent certification activity by the MAA iaw RA5820(1). It is incumbent on the MTCH to ensure the appropriate categorization of changes and apply for MAA certification well in advance of Main Gate (or equivalent Business Case Decision Point).

b. Should there be a change to the Air System Coordinating Design Organisation9 listed on the MTC then the MTCH will need to apply to change the MTC (Procedure 4.2 at the Annex). The MTCH will need to provide evidence of the competence of the new organization (eg appropriate DAOS approval) and a declaration that all necessary contractual arrangements are in place for them to adequately support the Military Type Design.

c. It is recognised that there may be occasions where minor administrative changes are required to the MTC. This could be because of spelling mistakes, a new name for a TAA’s position or a change in the Design Organisation’s name (where there is no underlying change to airworthiness structure of the organisation). In these instances, the MTCH should apply for a minor administrative change to the MTC (Procedure 4.3 at the Annex).

d. The MAA will record details of all changes to MTCs in the MTC Register. This will be administered by the MTC Registrar (email: DSA-MAA-Cert PTC Group).


Enforcement action

15. MAA oversight of MTCH. Following military certification of an Air System, the MAA will maintain oversight of a MTCH’s safety processes and their management of airworthiness issues. This is achieved through audits and attendance at airworthiness

8 RA5850 - Military Design Approved Organization (MRP 21 Subpart J). 9 As set down in RA1014 - Design Organizations and Co-ordinating Design Organizations – Airworthiness Responsibilities.

mailto:[email protected]

meetings. Failure of the MTCH to adequately manage a significant airworthiness issue will result in the instigation of Enforcement Action in accordance with MAA01. This process commences with the issue of a Corrective Action Requirement and, if the issue continues to remain unresolved, could lead to the suspension or revocation of an MTC.

16. Suspension of MTCs. Suspension of a MTC, in part or in full, could occur as the result of continued failure of the MTCH to meet their airworthiness responsibilities and where the MAA judge the non-compliance to present a significant risk to Air Safety in accordance with MAA01. A partial suspension applies to a particular element of a MTC. Typically it would be applied to a specific Mark/variant of the Type as detailed on the MTC, but could be applied more specifically to a Major change that has resulted in an unsafe condition. A full suspension applies to all Marks/variants of the Type as detailed on the MTC. A TAA may apply to have a suspension lifted. They will need to demonstrate to the MAA, through the provision of necessary evidence, that the conditions which led to the MTC suspension have been rectified. Procedures for full and partial suspension of MTCs (Procedure 2.1 and 2.3), and their subsequent removal (Procedures 2.5 and 2.6), are provided at the Annex.

17. Revocation of MTCs. Revocation of a MTC, in part or in full, will occur for one of two reasons:

a. Following voluntary surrender by the MTCH (Procedures 3.1 and 3.2 at the Annex), because either the Air System Type (or Mark/variant) is no longer in service, or the MTCH no longer feels that they are able to meet their responsibilities for managing the Type (or Mark/variant).

b. As the result of continued failure of the MTCH to meet their airworthiness responsibilities and where the MAA judge the non-compliance to present a high risk to Air Safety in accordance with MAA01.

Similar to suspension, a MTC can be revoked in part or in full. Part revocation applies to a particular element of a MTC. Typically it would be applied to a Mark/variant of the Type, but could apply more specifically to a Major change that has resulted in an unsafe condition if feasible. A full revocation applies to all Marks/variants as detailed on the MTC. Following revocation, a complete re-certification of the Type or revoked element of MTC would need to be completed. When a MTC has been revoked in full, re-certification would result in a new MTC being issued. Procedures for full and partial revocation of MTCs (Procedure 2.2 and 2.4) are provided at the Annex.

18. Implications of Suspension or Revocation on Military Flying

a. The MTCH and applicable Aviation Duty Holders (ADHs) and RTSA(s) will be kept informed throughout the stages leading to the suspension or revocation of an MTC/RMTC. This correspondence will inform all parties of the non-compliance, its assessed impact on Air Safety and the actions necessary to avoid suspension or revocation. If suspension or revocation action is ultimately taken, the MTCH will receive a Notification Letter and will be required to surrender their MTC to the MAA. In parallel, the ODH and RTSA will be notified so that appropriate actions can be taken.

b. For a civil TC, revocation or suspension will invalidate all Certificates of Airworthiness which, by law, requires all operators to cease flying. The implications for revocation or suspension of a MTC, however, are not derived from law. MTC revocation or suspension represents removal of MAA assurance, to the Secretary of State for Defence and ADHs, that the MTCH is able to demonstrate continued Type Airworthiness of the Air System10. Revocation or suspension of a MTC, therefore, provides a clear statement to the ADH that the MAA can no longer provide assurance


10 Whether as a result of technical issues that cannot be resolved or a failure of their type airworthiness management processes.

that the Air System Type Design (or Mark/variant for a partial suspension or revocation) is airworthy.

Queries

19. Any queries or requests for further guidance on the content of this RN should be submitted in the first instance to DSA-MAA-Cert-DepHd via DSA-MAA-


[email protected]

MAA Head Regulation and Certification Division

Annex:

A. MTC Management Procedures.



Annex A to MAA/RN/2016/12 Dated 24 Nov 16

MTC MANAGEMENT PROCEDURES

Annex A to MAA/RN/2016/12 Page 6 of 22

Category No. Title Output

Certification 1.1 Initial Certification of Type Design Initial issue of MTC/RMTC

1.2 Major Change to Type Design Up-issued MTC/RMTC

1.3 Removal of restriction Up-issued MTC/RMTC

1.4 Extension of validity Up-issued RMTC

Enforcement Actions 2.1 Partial suspension Up-issued MTC/RMTC

2.2 Partial revocation Up-issued MTC/RMTC

2.3 Suspension Suspended MTC/RMTC

2.4 Revocation Revoked MTC/RMTC

2.5 Removal of partial suspension Up-issued MTC/RMTC

2.6 Removal of full suspension Re-issued MTC/RMTC

Voluntary surrender 3.1 Partial surrender (removal of Mark) Up-issued MTC/RMTC

3.2 Full surrender Revoked MTC/RMTC

General 4.1 Transfer of MTCH Up-issued MTC/RMTC

4.2 Change of Design Organization Up-issued MTC/RMTC

4.3 Minor administrative changes Re-issued MTC/RMTC

4.4 Issue of replacement Re-issued MTC/RMTC

















Documents

Regulatory Notice · MAA/RN/2016/12 Page 3 of 22 13. Issue of MTCs. MTCs will be issued in the following manner: a. MTCs will be issued in hard-copy to the MTCH. The MTC Management