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TERHAD PU 2103

TECHNICAL AIRWORTHINESS MANAGEMENT MANUAL

SECTION 2 LEAFLET 2

TECHNICAL AIRWORTHINESS REGULATION

REGULATION 2 TYPE CERTIFICATION, SERVICE RELEASE AND DESIGN ACCEPTANCE 2.1. GENERAL 2.1.1. Applicability a. This regulation prescribes procedural requirements for: (1) the issue of TAR recommendations for issue and amendment of Malaysia State Type Certificates (MSTCs), Supplementary Type Certificates (STCs), Special Flight Permits (SFPs) and Service Releases; (2) the issue of Certificates of Airworthiness; and (3) the Design Acceptance of aircraft and aircraft-related equipment designs and changes to those designs. 2.2. TYPE CERTIFICATION 2.2.1. Applicability a. This regulation prescribes procedural requirements for the issue of a Type Certification Recommendation by the TAR for issue of an MSTC for aircraft being acquired for SAO operations, or for which a new MSTC or STC is required following a major design change or a substantial change in the aircrafts role. b. For the purposes of this regulation, aircraft being acquired for SAO operations shall mean aircraft being purchased or leased for use in SAO operations as state aircraft and includes fleet addition aircraft intended to be included under an amendment to an existing MSTC. 2.2.2. Issue of a Type Certification Recommendation a. The DAR shall submit to the TAR copies of: (1) the relevant Design Acceptance certificate, (2) an assessment of the adequacy of the Type Record submitted by the design agency in accordance with Regulation 2.2.9, (3) the current version of the applicable Design Acceptance strategy compiled in accordance with Regulation 2.2.3, and (4) a document which summaries the achievements made against the Design Acceptance strategy. b. The DAR is entitled to a Type Certification Recommendation from the TAR if the TAR is satisfied that Design Acceptance has been completed in accordance with these regulations and all airworthiness issues raised during that process have been satisfactorily resolved or are being managed through TAR-approved issue papers. www.dgta.gov.my 2.2 - 1 of 15 TERHAD

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TERHAD PU 2103 2.2.3. Issue of a Design Acceptance certificate for new aircraft or major changes a. Except as otherwise authorised by the TAR, the DAR shall only issue a Design Acceptance certificate for an aircraft type being acquired for Service operations or which has undergone a major design change if he has ensured that: (1) the Design Acceptance strategy has been documented in accordance with Annex A; (2) TAR endorsement has been obtained for single State Airworthiness Authority Statements of Requirements (SORs) before inclusion as part of a formal instrument for the acquisition and related engineering services referenced in the Design Acceptance strategy as provided in Regulation 2.2.4; (3) any amendments to the TAR endorsed single State Airworthiness Authority SOR: (i). have been approved by the DAR where there was no reduction in the level of safety established by the airworthiness standards of the single State Airworthiness Authority SOR, or (ii). have been endorsed by the TAR or a relevant ASR where there was a reduction in the level of safety established by the airworthiness standards of the single State Airworthiness Authority SOR. (4) the design agency or agencies providing aircraft engineering services to the SAA for the acquisition have achieved and maintained AEO status relevant to the services provided for the duration of the engineering activity; (5) the design agency or agencies have submitted: (i). a Type Record in accordance with Regulation 2.2.9; (ii). a Design Approval certificate in accordance with Regulation 3.4.3; (iii). test reports, calculations and other Type Design data necessary to show compliance with the single State Airworthiness Authority SOR; (iv). instructions for continuing airworthiness as required by the applicable airworthiness standards; (v). flight manual documents as required by the Operational Airworthiness Regulator (OAR) and applicable airworthiness standards; and (vi). Maintenance Engineering Analysis Plan (MEAP), Aircraft Structural Integrity Management Plan (ASIMP) and Engine Structural Integrity Management Plan (ESIMP) as required by the applicable airworthiness standards. (6) an examination of the Type Design and completion of all tests and inspections leading to compliance findings in accordance with Regulation 2.2.11 has been conducted and that: (i). the Type Design and the product are found to meet the prescribed airworthiness standards of the single State Airworthiness Authority SOR or provide an equivalent level of safety; (ii). any airworthiness issues identified through the course of Design Acceptance activities have been processed in accordance with Regulation 2.2.11; and www.dgta.gov.my 2.2 - 2 of 15 TERHAD

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TERHAD PU 2103 (iii). no feature or characteristic of the aircraft makes it unsafe for its intended operations. 2.2.4. Single State Airworthiness Authority Statement Of Requirements (SOR) for new aircraft or major changes a. The DAR shall ensure that the single State Airworthiness Authority SOR for an aircraft being acquired for Service operations or subject to a major design change: (1) requires the design agency to make all calculations, inspections and tests necessary to show that the Type Design meets all requirements of the single State Airworthiness Authority SOR and the aircraft remains safe for its intended operations; (2) requires the design agency to audit the Type Design to ensure that calculations, inspections and tests conducted at paragraph a(1) are relevant to the state of the Type Design being offered for Design Acceptance; (3) provides the SAA with access to the results of the audit required by paragraph a(2); (4) requires the design agency to provide the SAA with the relevant Type Design data; (5) provides the SAA with the opportunity to perform additional inspections, flight and ground tests in order to satisfy the TAR that the Type Design meets all requirements of the single State Airworthiness Authority SOR; and (6) specifically precludes the interpretation of compliance findings in support of Design Acceptance by the SAA as indicating the SAA has granted Design Approval of any design, inspection or test result required under paragraph a of this regulation. b. In order to obtain the TARs endorsement of the single State Airworthiness Authority SOR, the DAR shall submit to the TAR: (1) those documents forming the single State Airworthiness Authority SOR; (2) a copy of the current Statement of Operating Intent (SOI); (3) a copy of the current Design Acceptance strategy for the acquisition compiled in accordance with Annex A to this regulation, along with a statement confirming that the single State Airworthiness Authority SOR documents have been developed in accordance with that strategy; (4) if the Design Acceptance strategy relies on prior acceptance, evidence related to prior acceptance as required by Regulation 2.2.7; and (5) if TAR or ASR advice was rejected in the development of the single State Airworthiness Authority SOR and the matter remains unresolved, documentation fully disclosing the advice and the reasons for rejection. c. The TAR may endorse those documents forming an single State Airworthiness Authority SOR if the TAR is satisfied that: (1) the SOI has been issued by the relevant Operational Airworthiness Authority and meets the requirements of Regulation 2.2.6; (2) the proposed Design Acceptance strategy meets the requirements of Annex A; (3) the DAR has ensured proper consultation with the TAR and relevant ASRs in the compilation of those documents, to ensure that prescribed www.dgta.gov.my 2.2 - 3 of 15 TERHAD

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TERHAD PU 2103 airworthiness standards are adequate as defined in Regulation 2.2.5 for the intended operations as defined in the SOI; and (4) if the Design Acceptance strategy relies on prior acceptance of a type substantially the same as that being offered for acceptance, the single State Airworthiness Authority SOR prescribes airworthiness standards relevant to the variation in Type Design as provided in Regulation 2.2.5. 2.2.5. Airworthiness standards for new aircraft and major changes a. Airworthiness standards shall mean the design requirements, including where appropriate the means of demonstrating compliance, prescribed for the purposes of establishing adequate levels of safety. b. In accordance with Regulation 1.1.6.a (4), the airworthiness standards in single State Airworthiness Manual are considered a part of these regulations. c. If the TAR or a relevant ASR finds that the airworthiness standards in these regulations do not contain adequate or appropriate safety standards because of a novel or unusual design feature, special conditions may be prescribed to establish a level of safety equivalent to that established in the regulations for a comparable aircraft type. d. Except as otherwise allowed under Regulation 2.2.4, the airworthiness standards to be specified in an SOR for an aircraft acquisition or major design change are: (1) those standards referenced at paragraph b. effective on the date of TAR endorsement of the SOR unless: (i). otherwise prescribed by the TAR or relevant ASR; (ii). later amendments to those standards are subsequently prescribed by the TAR; or (iii). alternative airworthiness standards have been shown, to the satisfaction of the TAR or relevant ASRs, to establish an equivalent level of safety; and (iv). any special conditions prescribed by the TAR or relevant ASRs in accordance with paragraph c. 2.2.6. Statement of Operating Intent a. The Statement of Operating Intent (SOI) shall describe all intended roles and operations of the aircraft. b. The SOI shall define the environment within which the aircraft is to perform all operations identified including the expected: atmospheric parameters (including those impacting on structural loading conditions), exposure to corrosive or erosive environments, ground movement and parking conditions, runway surface and arrest conditions, vibration and electromagnetic environment. 2.2.7. Recognition of prior acceptance a. The DAR shall only include prior acceptance of an aircraft as part of the Design Acceptance strategy for acquisition of an aircraft of substantially the same Type Design where: (1) a MSTC is in force for an aircraft of that type; (2) a type certificate or type acceptance certificate issued by DCA is in force for aircraft of that type; www.dgta.gov.my 2.2 - 4 of 15 TERHAD

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TERHAD PU 2103 (3) a foreign civil type certificate issued by a civilian National Airworthiness Authority (NAA) of a recognised country as listed at paragraph c is in force for an aircraft of that type; or (4) an aircraft of that type has been accepted into service (and remains in service) with a recognised military force as listed at paragraph d. b. The DAR shall submit, as part of the documentation required under Regulation 2.2.4, to the TAR: (1) a type certificate, or other certificates or documents showing acceptance into service, issued by: (i). (ii). the NAA of a recognised country as listed at paragraph c, or a recognised military force as listed at paragraph d.

(2) evidence that the prior acceptance is applicable to the configuration being acquired by the SAO and the SAOs intended roles and operating environment as defined in the SOI, (3) data necessary for the compilation of a Type Record as required by Regulation 2.2.9, and (4) evidence of an undertaking to provide access to the Type Design data required to show compliance to the prescribed airworthiness standards. c. Each of the following is a recognised country for the purposes of these regulations: (1) (2) (3) (4) (5) (6) (7) Australia; Canada; New Zealand; the French Republic; the Kingdom of the Netherlands; the United Kingdom; the United States of America; and

(8) any country for which the TAR is satisfied that the design standards and practices, quality control standards, and certification procedures used by the NAA of the country provide an adequate level of safety, normally equivalent to that required by these regulations for comparable aircraft. d. Military forces of each of the following countries are recognised for the purpose of these regulations: (1) (2) (3) (4) (5) Australia; Canada; the French Republic; the United Kingdom; the United States of America; and

(6) any military force for which an aircraft of that type has been accepted into service (and remains in service) and the TAR is satisfied that the design standards and practices, quality control standards, and acceptance into service procedures used by the military force provide an adequate level of safety, normally equivalent to that required by these regulations for a comparable aircraft.

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TERHAD 2.2.8. Type Design a. The Type Design of all aircraft shall consist of: (1) the drawings, specifications, manuals and bulletins, including a listing of those documents necessary to define the configuration and design features of the aircraft shown to comply with the airworthiness standards applicable under this regulation; (2) reports of tests and computations made during the course of the design, including those necessary to show that the product meets the airworthiness standards applicable to it under this regulation; (3) information on dimensions, material and processes necessary to define the structural strength of the aircraft; (4) instructions for continuing airworthiness as required by the applicable airworthiness standards, including those required for maintenance, transport and storage of the aircraft and its equipment, and for the transport and storage of parts and materials required to be used in maintenance; (5) the flight manual including operating procedures, operating limitations and other information necessary for the safe operation of the aircraft type as required by the applicable airworthiness standards; and (6) any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft of the same type. 2.2.9. Type Records a. The Type Record shall define the Type Design at the time of issue of a Design Acceptance certificate by providing a complete index to all Type Design data. b. Type Design data shall be included in the Type Record when it is not adequately controlled and stored. c. Type Records shall be compiled in accordance with TAMM sect 3. PU 2103

2.2.10. Reserved 2.2.11. Compliance findings a. The DAR shall ensure that: (1) only competent and authorised individuals and organisations make, review or accept compliance findings; and (2) authorisations are recorded within the Design Acceptance strategy. b. Compliance findings for the single State Airworthiness Authority SOR requirement shall be made on the basis of: (1) data obtained through inspection or test of the aircraft, its systems, materials, or parts where such tests are conducted subsequent to the relevant design agency tests; (2) data obtained through involvement in design agency inspection or test activity; and (3) Type Design data provided by the design agency, including data related to inspections or tests conducted without SAO involvement. c. A compliance finding certification shall only be issued by an authorised person if they are satisfied that: www.dgta.gov.my 2.2 - 6 of 15 TERHAD

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TERHAD PU 2103 (1) the evidence provided by the design agency indicates that the design satisfies the single State Airworthiness Authority SOR requirement, and (2) the method used by the design agency to show compliance is suitable for its intended purpose. d. The DAR shall ensure that any issue identified as a result of compliance finding activities is only closed after: (1) the design is subsequently found to meet the relevant single State Airworthiness Authority SOR requirement, (2) the TAR or a relevant ASR has determined that the design provides an equivalent level of safety to that specified in the single State Airworthiness Authority SOR, or (3) the TAR or a relevant ASR has accepted the reduction in the level of safety where the design has not met all airworthiness standards specified in the single State Airworthiness Authority SOR. e. The DAR shall ensure that all data assessed in the making of a compliance finding is the applicable version of such data. 2.3. SPECIAL FLIGHT PERMITS 2.3.1. SFP submission and recommendation a. The DAR seeking a TAR recommendation for a Special Flight Permit (SFP) shall submit copies of the following documents: (1) the draft SFP including operating limits and conditions; (2) a certification by the DAR that all required Design Acceptance activities have been completed given the state of development of the acquisition or major design change and scope of operations required by the SFP; (3) an assessment of the adequacy of the Type Record at the time of issue of the SFP; (4) the current version of the applicable Design Acceptance strategy compiled in accordance with Annex A to this regulation; (5) a document which summarises the achievements made against the Design Acceptance strategy; (6) certification that appropriate maintenance and logistics arrangements are in place to provide for the scope of aircraft operations to be conducted under the SFP; (7) certification that all aircraft to be operated under the SFP conform to the Type Design as submitted at paragraph a(2); and (8) a description of the Engineering Management System (EMS) to be used for engineering support during the SFP, including the delegation of responsibilities for on-going airworthiness and safety of flight evaluation. b. The DAR is entitled to a SFP recommendation from the TAR if: (1) the TAR is satisfied that Design Acceptance has been substantially completed in accordance with these regulations for the state of development of the acquisition or major design change and scope of operations required by the SFP; and

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TERHAD PU 2103 (2) all airworthiness issues raised during that process have been satisfactorily resolved or are being managed through TAR-approved issue papers.

2.4. SERVICE RELEASE FOR MAJOR CHANGES TO TYPE DESIGN 2.4.1. SR submission and recommendation a. The DAR seeking a TAR recommendation for Service Release shall submit evidence that: (1) a Supplemental Type Certificate (STC) or MSTC has been or will be issued; (2) a DAR has been delegated responsibility for the Design Acceptance of the aircraft following Service Release; (3) an AEO is in place to provide CI management of the aircraft in accordance with Regulation 3 following Service Release, including the establishment of a suitable Design Support Network; (4) appropriate Aircraft and Engine Structural Integrity management systems are in place for the aircraft in accordance with Regulations 3.5.4 and 3.5.5; and (5) a Maintenance Support Network (MSN) including Maintenance Organisations (AMOs) has been established. Approved

b. The DAR is entitled to a Service Release Recommendation from the TAR if the TAR is satisfied that the evidence submitted in accordance with paragraph a. supports such a recommendation. 2.5. CHANGES TO THE TYPE DESIGN 2.5.1. Applicability a. This regulation prescribes the requirements for a DAR seeking: (1) (2) to perform Design Acceptance of changes to Type Design, or issue of a TAR recommendation for the issue of an MSTC or STC.

2.5.2. Design Acceptance system for changes to a Type Design a. The DAR shall establish a Design Acceptance system to ensure the requirements of this regulation are satisfied. The system shall include procedures to ensure: (1) the change to the Type Design is classified in accordance with Regulation 2.5.3, (2) changes to the Type Design classified as major are treated in accordance with either Regulation 2.5.4 or 2.5.5 as applicable, and (3) changes to the Type Design classified as minor are treated in accordance with Regulation 2.5.6.

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TERHAD 2.5.3. Classification of changes in Type Design a. Except as provided in paragraph b, the DAR may assume all changes to Type Design as minor. b. The DAR shall seek a classification of a change to the Type Design by the TAR if: (1) the change to the Type Design would introduce a new capability, or significantly vary an existing capability; or (2) the change to the Type Design may have an appreciable effect on the weight, balance, structural strength, reliability, operational characteristics or other characteristics affecting the airworthiness of the product. 2.5.4. Changes requiring a new MSTC a. The DAR shall apply to the TAR for a Type Certification Recommendation as provided in Regulation 2.2 where a new MSTC is required in accordance with paragraph b. b. A new MSTC is required when the design changes to an aircraft type are so extensive that the aircraft requires a substantially complete investigation of compliance with the applicable airworthiness standards. 2.5.5. Supplemental Type Certification a. For major changes to an aircraft Type Design not great enough to require a new MSTC, the DAR shall provide Design Acceptance certification in accordance with Regulation 2.2.3 and apply to the TAR for an STC Recommendation. b. The DAR shall submit copies of documentation as required by Regulation 2.2.2.a, with the exception that a Type Record supplement is to be submitted in lieu of the aircraft Type Record. c. The DAR is entitled to an STC Recommendation from the TAR if: (1) the TAR is satisfied that the Design Acceptance process has been completed in accordance with these regulations, and (2) all airworthiness issues raised during that process have either been satisfactorily resolved or are being managed through TAR approved issue papers. 2.5.6. Design Acceptance for minor changes to Type Design a. Except as provided under Regulation 2.5.9, the DAR shall provide a Design Acceptance certificate to record the Design Acceptance of minor changes to an aircraft or aircraft equipment Type Design prior to the grant of Incorporation Approval in accordance with Regulation 3.5.12. b. The DAR shall only provide a Design Acceptance certificate for a minor change to Type Design for a design change originating from an AEO if: (1) the DAR is satisfied that the AEO certification is relevant to the services provided for the duration of the design activity; (2) the AEO has verified to the satisfaction of the DAR that the design change complies with: (i). the relevant single State Airworthiness Authority SOR prescribed in accordance with Regulation 2.5.7, and www.dgta.gov.my 2.2 - 9 of 15 TERHAD PU 2103

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TERHAD (ii). airworthiness Regulation 2.5.8. (3) the AEO has provided: (i). a Design Approval certificate for the design change as required by Regulation 3.4.3, and (ii). copies of such design data as the DAR may require to determine the acceptability of the design. c. The DAR shall only provide a Design Acceptance certificate for a minor change to Type Design for a design change originating from a non-AEO if: (1) the DAR is satisfied that the design is applicable to the SAOs configuration, intended roles and environment for the aircraft or aircraftrelated equipment, and either: (i). the design has been previously approved by the NAA of a recognised country or by a recognised military force as defined in Regulation 2.2.7, or (ii). the DAR is satisfied that: (a) the design complies with airworthiness standards prescribed in accordance with Regulation 2.5.8; (b) the source of the design change data is reliable and of acceptable quality; (c) the original customer for the design services and intended application for the design change is known; and (d) the design was approved by the aircraft or aircraftrelated equipment Original Equipment Manufacturer (OEM) or other established supplier of engineering services of acceptable quality. d. If a design change assessed in accordance with paragraph b. and c. requires additional design effort to adapt the design for SAO purposes, or substantial additional verification activity to demonstrate the airworthiness or applicability of the design change for SAO purposes, then the required design activity must be conducted by a suitable AEO and a Design Approval certificate provided in accordance with Regulation 3.4.3 prior to Design Acceptance certification. 2.5.7. Single State Airworthiness Authority Statement Of Requirements for minor changes a. Except as provided under paragraph b, the DAR shall only approve the single State Airworthiness Authority SOR for minor changes to an aircraft if that document: (1) references, and conforms to, specifications referenced in the Type Record of the applicable aircraft; (2) contains all the SAOs requirements relevant to the item being altered; (3) requires the design agency to make all calculations, inspections and tests necessary to show that the design meets all the requirements of the single State Airworthiness Authority SOR and that the aircraft remains safe for its intended operations; (4) requires the design agency to provide the SAA with the relevant data, and the opportunity to make such inspections, flight and ground tests as are necessary to satisfy the DAR that the design meets all the requirements of the single State Airworthiness Authority SOR and that the aircraft remains safe for its intended operations; and www.dgta.gov.my 2.2 - 10 of 15 TERHAD standards prescribed in PU 2103 accordance with

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TERHAD PU 2103 (5) specifically precludes the interpretation of compliance findings in support of Design Acceptance by the SAA as indicating the SAA has granted Design Approval of any design, inspection or test result required under paragraph a.(3). b. The DAR may authorise the SDE of an AEO to approve the single State Airworthiness Authority SOR in accordance with this regulation for a scope of minor changes not exceeding that for which assumption of Design Acceptance has been allowed in accordance with Regulation 2.5.9. c. Where the single State Airworthiness Authority SOR for a minor design change to an aircraft results in a change or addition to the specifications referenced in the Type Record, the DAR shall submit the following to the TAR for endorsement: (1) (2) the documents forming the single State Airworthiness Authority SOR; a copy of the current Statement of Operating Intent (SOI);

(3) if the strategy for Design Acceptance relies on prior acceptance, evidence related to prior acceptance as required by Regulation 2.2.7; and (4) if TAR or ASR advice was rejected in the development of the single State Airworthiness Authority SOR and the matter remains unresolved, documentation fully disclosing the advice and the reasons for rejection. 2.5.8. Airworthiness standards for minor design changes a. Except under the provisions of paragraph b, the airworthiness standards applicable to a minor design change shall be either: (1) those standards incorporated by reference in the MSTC or STC, or (2) alternative airworthiness standards prescribed by the TAR or relevant ASR. b. If a proposed design change consists of a new design or substantially complete redesign of a component, equipment or system installation, and the DAR determines that the standards incorporated by reference in the type certificate for the aircraft may not be adequate, then the design change shall be shown to comply with: (1) standards prescribed by the TAR or relevant ASRs that establish an equivalent level of safety, and (2) any special conditions as defined in Regulation 2.2.5.

2.5.9. Assumption of Design Acceptance certification a. The DAR shall only allow Design Acceptance certification to be assumed by an AEO for specified design changes or classes of design change prior to progression of the design to Incorporation Approval in accordance with Regulation 3.5.12 under the following conditions: (1) internal to the AEO, in accordance with the AEOs approved procedures; or (2) from an external AEO, under the terms of a formal agreement between the DAR and the external AEO. b. Any procedures or agreements applicable under paragraph a. shall: (1) identify the interface, airworthiness and requirements to be maintained for the relevant CIs; other performance

(2) define the design changes or classes of design changes to which the agreement or procedures applies; www.dgta.gov.my 2.2 - 11 of 15 TERHAD

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TERHAD PU 2103 (3) identify the procedure by which the assumption of Design Acceptance certification shall be recorded for each design change, ensuring that: (i). the conditions for Design Acceptance certification as provided in Regulation 2.5.6 have been satisfied, and (ii). the record certification: of the assumption of Design Acceptance

(a) is completed and endorsed by a person with at least the necessary authorisation for Design Approval certification for the design change, and (b) (4) references the agreement or procedures. for a commercial AEO: (i). specify the method by which the Design Approval and Design Acceptance records and all related design and implementation records shall be made available for review by the DAR or representative, assure ready access to these records for the DAR or his representative; and (ii). specify the method for reviewing contractor performance and, if necessary, revoking authorisations. c. The design changes or classes of design changes specified in the formal agreement or procedures shall not include major changes or those which: (1) add a new capability to the aircraft or markedly enhance an existing capability; (2) result in a reduction in safety, or mission performance for the aircraft; (3) affect technical or human interfaces between the affected CI and other CIs or higher assemblies outside the scope of work performed by the AEO; or (4) involve the rejection in full or part of mandatory or safety related OEM advice. d. An authorisation provided in accordance with paragraph a is only valid while the organization continues to hold a valid EAC and until the DAR suspends, terminates or otherwise revokes it. e. The DAR shall be responsible for monitoring the performance of commercial AEOs authorised in accordance with this regulation and revoking authorisations where deemed necessary to assure aircraft airworthiness and technical acceptability for service use. (1) The monitoring program shall include audits of documentation for at least 10% of design changes accepted under the authorisation at an interval not to exceed one year to ensure, at a minimum, that: (i). design changes accepted under the authorisation are within the bounds of the design changes or classes of design changes identified in the formal agreement, and (ii). the conditions for Design Acceptance certification as provided in Regulation 2.5.6 have been satisfied. (2) All audit results arising from the monitoring program shall be treated as engineering records as provided in Regulation 3.3.8.

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TERHAD 2.6. OTHER CERTIFICATION ISSUES 2.6.1. Change to Planned Withdrawal Date a. The DAR shall notify the TAR of any plans to alter the Planned Withdrawal Date (PWD) for an aircraft type. 2.6.2. Changes to SOI a. The DAR shall review any proposed changes to the SOI to determine if a change to the Type Design is required. b. The DAR shall manage any change to the Type Design required by an SOI change in accordance with Regulation 2.5.2. 2.6.3. Issue of Certificate of Airworthiness a. Certificates of Airworthiness shall mean a certificate attesting that: (1) an individual aircraft has been examined and conforms to the Type Design, (2) any deviations to that aircraft have been approved as provided under Regulation 3.5.8, and (3) the aircraft is considered airworthy as at the date of the certificate. b. The TAR shall issue a Certificate of Airworthiness for each aircraft acquired for SAO operations following issue of an MSTC for the aircraft type and before operation of each aircraft. c. The Certificate of Airworthiness shall include the following: (1) (2) (3) (4) (5) (6) certificate number, aircraft type, aircraft model, aircraft serial number, applicable MSTC, and applicable STCs. PU 2103

d. The TAR shall update the Certificate of Airworthiness for affected aircraft to reflect conformance to the Type Design following a major change to the Type Design. e. The TAR shall cancel a Certificate of Airworthiness for an affected aircraft if: (1) the MSTC for the affected type is withdrawn, (2) the aircraft is no longer regulated by the single State Airworthiness Authority, or (3) the aircraft is no longer deemed to demonstrate satisfactory conformance to the Type Design. f. The TAR shall reissue a Certificate of Airworthiness cancelled under paragraph e. when an affected aircraft is eligible for reissue of a certificate.

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TERHAD 2.6.4. Reserved 2.6.5. Notification of unairworthy conditions a. The DAR shall immediately notify the TAR whenever an aircraft has, or is likely to be operated in an unairworthy condition. The DARs notification shall include the: (1) (2) (3) (4) (5) details of the source of the information, potential risk to safety, number of aircraft affected, proposed action to rectify the unairworthy condition, and potential impact on operations. PU 2103

b. The TAR shall consider the notification before making a recommendation to the Operational Airworthiness Authority through TAA. The TARs recommendation may include advice regarding the restriction or suspension of flying operations.

2.7. CIVIL LEASED AIRCRAFT 2.7.1. Definition a. For the purposes of this regulation, civil leased aircraft shall mean aircraft: (1) (2) (3) (4) 2.7.2. Applicability a. The TAR will determine the specific aircraft types to which this regulation is to apply. b. This regulation allows for recognition of civil aviation regulatory systems, certificates, and approvals for eligible civil leased aircraft types. c. Civil owned civil registered aircraft that may be temporarily classified as State aircraft for the purposes of specific tasks of a limited duration are excluded from this regulation. 2.7.3. Recognition of civil aviation regulatory systems a. The TAR may allow the use of civil aviation regulatory systems, certificates and approvals to form the basis of technical airworthiness management for civil leased aircraft if an equivalent level of safety can be demonstrated. b. Except as otherwise authorised by the TAR, only the civil aviation regulatory systems, certificates and approvals from the countries listed in Regulation 2.2.7.c. will be recognised. c. The DAR seeking a TAR authorisation for the use of civil aviation regulatory systems, certificates and approvals for a civil leased aircraft type shall submit evidence that: www.dgta.gov.my 2.2 - 14 of 15 TERHAD leased from a commercial organisation, for use in SAO operations as State aircraft, to be listed on the State register for the term of the lease period, and originally designed to a civil airworthiness standard.

UNCONTROLLED IF PRINTED
TERHAD PU 2103 (1) a type certificate or equivalent document issued by an NAA remains in force for the Type Design being leased for SAO use; (2) the airworthiness standards applied by the NAA to issue the type certificate or equivalent document are relevant and suitable for the SAO configuration, role and environment as specified in the SOI in accordance with Regulation 2.2.6; (3) an MSTC has been or will be issued; (4) individual aircraft have or will be subject to an independent third party inspection prior to the issue of State Certificates of Airworthiness; (5) appropriate systems are in place to undertake technical airworthiness management for the term of the lease period including; (i). (ii). (iii). Design Acceptance processes, design and CI management processes, and aircraft maintenance and management processes.

(6) a Service AEO has been identified to sponsor all commercial organisations engaged in design or maintenance activity; (7) all organisations engaged in design or maintenance activity hold relevant NAA approvals, have been authorised by the TAR, and will be subject to independent audit for the term of the lease period; (8) arrangements are in place for ongoing support from the OEM of the aircraft type for the provision of instructions for continued airworthiness; and (9) arrangements are in place to ensure the receipt of all airworthiness directives issued by the NAA that issued the type certificate, supplemental type certificate or equivalent documents for aircraft and engines and for the exchange of defect and alert information relevant to the aircraft and engine types. 2.7.4. Continued Compliance a. The DAR shall notify the TAR, and require prior approval from the TAR for continued management of a civil leased aircraft type under this regulation, should there be a change to any of the following: (1) a substantive change to the SAO configuration, role or environment to that originally specified in the SOI in accordance with Regulation 2.2.6; (2) a type certificate or equivalent document issued by an NAA for the Type Design is cancelled, suspended or revoked by the NAA; (3) any organisation engaged in design or maintenance activity supporting the civil leased aircraft type cease to hold relevant NAA approvals; or (4) the OEM advises that it will no longer provide instructions for continued airworthiness. Annex: A. TAR Requirements for Design Acceptance Strategies

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