Appendix 2
3.2 Details on IBA type approval of an aeronautical product listed under para. 3.1 Nos. 1 to 10 and of any change that product may undergo (as I.1. under the provisions of subpart E of fAR Part 21) are specified in paras. 4.1 to 4.5.
3.3 Items of equipment, which have a major influence on the airworthiness of aircraft or on the safety of the occupants, e.g. flight and navigation instruments, electronic equipment, life saving equipment, and which can be categorized as U.S. Class II or Class III product, must be LBA approved in accordance with the provisions of paras. 3.5 and 3.6. A list of these items is available on request from the Luftfahrt-Bundesamt (IBA).
3.4 For approval of any other Class III product, i.e. standard parts, a certified statement by the product manufacturer (Approval Tag for Class III products according to FAR 21.333) will be accepted by the LBA, if the product in question is accepted for use with regular Class I and Class II products.
3.5 Approval of equipment, except radio equipment (see paras. 3.1 and
3.7), installed in aircraft to be exported to the FRG as listed in the FAA approved equipment list of that aircraft, may be covered by the IBA type certificate of that aircraft (para. 4.5 remains unaffected).
3.6 Items of Class II or Class III equipment as under para. 3.3, which are exported separately to the FRG and which are not spare parts of certificated aircraft, may receive a separate LBA approval, provided the relevant equipment has already been FAA-approved, e.g. by ISO-Authorization as per FAR-Part 37 or under the provisions of Subpart K of FAR-Part 21. The procedures which must be followed in this case are specified in para. 5.
3.7 Each item of LBA approved equipment to be exported to the FRG must be airworthy and must comply with the IBA-approved design. It must be identified by an Airworthiness Approval Tag (FAA Form 8130-3). The same will apply for each major component as of U.S. Class II to be used as a spare part with a Class I product which had been type certificated by the
3.8 Radio equipment must in any event be approved separately as a type by the LBA.
3.9 Integrated systems must be certificated with the aircraft.
4. HOW TO OBTAIN A GERMAN TYPE CERTIFICATE.
4.1 Applicant. The applicant for a German type certificate ("Musterzulassung") or a change thereof must be the manufacturer or, where applicable, the U.S. type certificate holder.
Appendix 2 In some special cases it may be possible to accept an application for an IBA type certificate from a person who is not the manufacturer (type certificate holder), provided the applicant furnishes proof that he has been duly authorized and is capable to assume complete responsibility for the product in regard of continuing airworthiness.
4.2 Competent Authority and Procedure.
4.2.1 The application for an IBA type certificate or change of type certificate (s. para. 4.5) and any documents the LBA may require in this context and as they are listed as a minimum under para. 4.4 must be forwarded to:
Luft fahrt-Bundesamt P.O. Box 370 3300 Braunschweig Federal Republic of Germany Telex: 952701 Phone: (0531) 3902-1 Cable: Bundesluft Braunschweig A copy of the application letter shall be sent to the appropriate FAA regional office as well as to:
Department of Transportation Federal Aviation Administration Europe, Africa, and Middle East Region c/o United States Embassy 27 Boulevard du Regent 1000 Bruxelles 1 Belgium
4.2.2 The LBA will acknowledge receipt of the application and establish the procedure, including:
(a) definition of the certification basis (see paragraph 4.3)
(b) details on information and data required in addition to the documents listed under paragraph 4.4 date and place of the LA visit to the appropriate FAA regional office and the manufacturer's facilities date and place of the certification test flight to be performed by the LBA, if applicable, with the relevant FAA offices being informed accordingly.
4.3 Certification Basis.
4.3.1 The basis for the LBA type certification will be the applicable requirements established or adopted by the PEG. Moreover, the additional requirements listed under para. 6 and, where applicable in the Enciosure, must be met. The LBA may grant exemptions, if the level of safety is not impaired.
AC 21-2E Appendix 2 5/18/81 Note: "Applicable requirements" means:
for products undergoing certification and for products currently in production,
(i) the applicable FAR including each special condition upon which the issuance of the U.S. type certificate is based; or;
(ii) those airworthiness requirements of the same date at which U.S.
certification was based;
for products no longer in production, such airworthiness requirements as the LBA finds acceptable in the particular case.
4.3.2 In particular cases, especially for aeronautical products of unconventional design, and in order to meet standards required by the German operating regulations, the LBA may establish additional airwirthiness requirements which are necessary to ensure an acceptable level of airworthiness.
4.4 Documents Required for Type Certification.
4.4.1 Aircraft. For the issuance of an IBA type certificate for an aircraft, the following or equivalent documentation (copies acceptable) must be submitted:
FAA Type Certificate (T.C.)
The latest issue of the FAA T.C. Data Sheet (advance copy may be accepted) FAA-approved Airplane Flight Manual and/or Pilot's Operating Handbook and "Flughandbuch" in accordance with paras. 6.1 and 6.2, where applicable, Description of the aircraft (e.g., Aircraft Detail Specification).
(e) A list of all documents submitted for FAA type certification (E) Manufacturer's Compliance Checklist
(g) Type Inspection Authorization (TIA) including all amendments Type Inspection Report, Part II (Flight) A list of documents necessary for safe operation and continuing airworthiness of the aircraft including equipment, i.e. Operating, Maintenance, overhaul and Repair Manuals
(3) The Weight and Balance Manual (K) the FAA-approved Master Equipment List and Optional Equipment List 38
Appendix 2 a list of radio communication and navigation equipment a Parts Catalogue relating to the aircraft and major equipment.
(n) a complete set of information on modifications and on special inspections (e.g. Service Bulletins) The IBA may request additional information and data.
For language requirements see 6.1.
Note: (1) The above listed documents will be kept on file with the LBA.
The applicant must forward to the LBA all revisions (pertinent to the German type certificate) to the above listed documents, Service Bulletins and other pertinent data as soon as these are available.
The LBA reserves the right to request the documents contained in the lists under (e) and (i).
(4) Microfilm/-fiche documentation is acceptable.
4.4.2 Radio Equipment.
4.4.2.1 For the issuance of an IBA type certificate for radio equipment, the following or equivalent documentation must be submitted:
(a) One copy each of 1 the manufacturer's Statement of Conformance submitted to FAA.
2 TSO Authorization or other evidence of FAA approval 3 the TSO Compliance Test Report.
(b) Technical Manuals (e.g., Instruction Manual, Maintenance/ Overhaul Manual, Installation Manual) shall contain information relative to the physical, mechanical, and electrical characteristics of the radio equipment concerned. The manuals shall provide all useful and necessary installation, operation, maintenance, and parts information on the major units of the system such as receivertransmitter, indicator, antenna, controi unit. ine manuals shall be the latest issue.
(c) Operational intormation. it the appropriate technical manuals do not provide operational information presented from the pilot's point of view, the manufacturer has to prepare a handbook (e.g., Pilot's Guide, Pilot's Manual) has to furnish operational information and details on the control functions.
(d) One specimen of illustration each of the name plated used to mark the major units of the system.
The LBA may request additional information and data.
Appendix 2 Note: (1) The above listed documents will be kept on file with the IBA.
(2) The applicant must forward to the LBA all revisions (pertinent to the German type certificate) to the above listed documents, service Bulletins and other pertinent lata as soon as these are available.
4.4.2.2 Radio equipment must pass a spurious emission test performed by the Fernmeldetechnisches Zentralamt (FTZ) of the Deutsche Bundespost (German Post Authority); the corresponding FTZ letter must be submitted to the IBA.
The manufacturers or his authorized agent have to forward the application for above test to:
Deutsche Bundespost Fernmeldetechnisches Zentralamt Postfach 800 6100 Darmstadt Federal Republic of Germany Note: The spurious emmission test must have been performed before the application for certification of the equipment is submitted to the LBA.
4.4.3 Products Other Than Aircraft and Radio Equipment.
For engines, propellers: Documents corresponding to those under 4.4.1 as applicable.
For personal emergency and auxilliary parachutes: At least the documents as per para. 4.4.2.1 (a).
4.5 Changes to Type Certification. Each change of a product under LBA type certificate must be IBA-approved in accordance with the procedure under para. 4.2 for its inclusion in the type design.
Changes in this context are:
a) "Major changes" according to FAR 21.93(a); and
b) Changes covered by a supplemental type certificate in accordance with FAR-Part 21, Subpart E.
Formal IBA consent must also be sought for any revision or supplement of a Flight Manual (Pilot's Operating Handbook), regardless of such a document being required in the U.S. or not (s. para. 6.2), and including its German version as applicable.
5. HOW TO OBTAIN LBA EQUIPMENT APPROVAL.
(For radio equipment s. paras. 3.1 and 4.4.2)
5.1 Applicant. The applicant for LBA approval of U.S. Class II and Class III equipment as referred to under paras. 3.3 and 3.5 must be the manufacturer.
Appendix 2
5.2 Procedure.
5.2.1 The application for LBA equipment approval shall be made by letter (for address s. para. 4.2) with copy to the appropriate FAA regional office, stating the specification the equipment complies with. Relevant documentation as per para. 5.3 must be included.
5.2.2 The LBA will acknowledge receipt of the application and inform the applicant of any additional requirements found necessary to assure an acceptable level of safety. Furthermore, the LBA will advise date and place of a visit to the manufacturer's facilities, if such a visit is desirable.
5.3 Documents required for IBA equipment approval. The following documentation must be submitted:
(a) One copy each of 1 the manufacturer's Statement of Conformance submitted to FAA.
by sign approval letter or the Letter of Acceptance issued 3 FAA Supplemental Type Certificate (STC).
4 FAA approved drawing list.
E The Equipment Qualification or TSO Compliance Test Report.
(b) Drawings and such descriptive information as will define the equipment sutriciently for LBA to decide, whether additional requirements according to para. 5.4 have to be prescribed.
(c) A list of operating, maintenance, overhaul and repair manuals and documentation necessary for safe operation and continuing airworthiness of the equipment.
(d) A copy of the Installation Manual, where appropriate.
(e) A complete set of information on modifications and on special inspections (e.g. Service Bulletins).
Note: A revision service shall be provided.
5.4 Notification of Additional Requirements. Additional requirements which the IBA may prescribe will be those found necessary to:
(a) Provide a level of safety equivalent to that provided for by IBA requirements and practices and as are necessary to comply with the German operating regulations.
(b) Cover features which are not covered by existing requirements and practices.
(c) Provide such failure analyses as are needed to ensure that the equipment is airworthy, when installed in accordance with the equipment manufacturer's instructions.
Appendix 2
5.5 Changes of Products Under LBA Equipment Approval. Each design change of a product requiring substantially complete investigation for Chowing Compliance with any requirement forming part of the specification found acceptable to the IBA and hence can be classified a "major change" must be notified to the IBA together with written evidence of FAA approval.
6. ADDITIONAL REQUIREMENTS FOR TYPE CERTIFICATION OF AIRCRAFT.
6.l Language. Except where an exemption is granted as indicated below, all operating instructions (including markings and placards) must be provided in the German language.
Exemptions:
- Operating instructions except placards for passengers for all multiengine airplances and for rotorcraft of more than 2,000 kg (4,400 lbs) maximum weight.
Maintenance instructions may be in English except for sailplanes, powered sailplanes, manned balloons and parachutes.
Note: The LBA Gerate-Kennblatt (T.C. Data Sheet) will specify which of the documents accompanying the individual imported aircraft must be in German, if any - (S. para. 6.1) should correspond to GAMA scheme or equivalent and needs IBA approval. As to revisions to the German Flight Manual (Flughandbuch) refer to para. 4.5.
6.3 Noise Limits. According to the "Luftverkehrsgesetz" (German Aviation Act), an aircraft will be eligible for a Certificate of Airworthiness ("Lufttuchtigkeitszeugnis") only, if its noise level is as low as technologically practicable, and appropriate to the type of aircraft to which it applies.
For conformity, the German noise requirements based on ICAO-Annex 16 must be complied with. For subsonic turbine powered airplanes and propeller driven airplanes over 5,700 kg (12,500 1bs) FAR Part 36 of the Federal Aviation Regulations is an acceptable means of compliance.
6.4 Anticollision lights and color markings. All airplanes, rotorcraft and airships must be equipped with anticollision lights in accordance with the applicable FAR's. As to sailplanes and powered sailplanes, conspicuous color painting may be used instead of anticollision lights for flights at daylight.
The latter is also applicable to one and two seated airplanes with a maximum weight of less than 600 kg (1,300 lbs). Detailed information is available on request from the IBA.
Appendix 2
6.5 Installation of Shoulder Harnesses.
(a) In a more stringent interpretation of FAR 23.785(g) up to Amdt.
19, the front seats of normal and utility airplanes must be equipped with either a shoulder harness or a belt and diagonal shoulder strap. The installation must meet the applicable FAR requirements.
(b) Seats of acrobatic category airplanes must be equipped with a shoulder harness approved for acrobatic flight for each occupant. The installation must meet the appropriate FAR requirements.
7. DOCUMENTS FOR CERTIFICATION OF THE INDIVIDUAL AERONAUTICAL PRODUCT.
7.1 Aircraft. The individual aircraft covered by an LBA type certificate and exported to the FRG should be accompanied by the following documentation:
(a) A current United States Export Certificate of Airworthiness, stating the aircraft's conformance with the LBA Geratekennblatt (T.C. Data Sheet).
(b) A copy of all relevant operating instructions stated in the LBA Geratekennblatt (T.C. Data Sheet) (i.e. Flight Manual, Weight and Balance Manual, Equipment List and placards).
(c) For used aircraft, a current aircraft file containing at least the following information: operational time of the aircraft, its engines, propellers, major equipment and components (e.g. engine logbooks, and records), maintenance repairs and modifications.
(d) A statement of compliance as to the noise requirements of para.
6.3, if noise certification was not part of the type certification of the aircraft.
Note (1): Any major change in type design certified according to FAR Part 21, Subpart D or E has to be accepted by the IBA and must be identified in the LBA Ceratekennblatt and/or in the operating instructions for that special type of aircraft.
(2) (i) The "Flughandbuch" (German Flight Manual), if required in the IBA GerateKennblatt, as well as the German placards may be added in Germany prior to the inspection of the aircraft conducted for the purpose of German registration.
(ii) The Maintenance Manual must made available on request.
(ill) Further documents will be requested for the registration of an aircraft. Information on aircraft registration is available on request from the LBA..
Appendix 2
7.2 Aircraft Engines and Propellers. Engines, and propellers covered by and IBA type certificate and exported to the FRG should be accompanied by the documents as per para. 7.1 as applicable.
7.3 Parachutes. Parachutes exported to the FRG must be indentified by an Airworthiness Approval Tag (FAA Form 8130-3). In addition, emergency and auxiliary parachutes covered by an IBA type certificate (s. para. 3) should be accompanied by all relevant operating instructions stated in the IBA- Geratekennblatt (T.C. Data Sheet).
7.4 Equipment and Standard Parts. For IBA approved equipment, including radio equipment and auxiliary power units, exported to the FRG see para. 3.7.
As to documentation which must be furnished with radio equipment see para.
4.4.2. for standard parts exported to the FRG see para. 3.4.
Appendix 2
ENCLOSURE I
SUPPLEMENTARY AIRWORTHINESS REQUIREMENIS FOR NORMAL, UTTLITY AND ACROBATIC CATEGORY AIRPLANES.
Glider Towing. If certification for the purpose of use for glider towing is requested, compliance with the applicable airworthiness requirements must be shown in connection with the type certification of the airplane.
Requirements for glider towing will be available on request from the IBA.
1.2 Parachute Jumping. If certification for the purpose of use for parachute jumping is requested, compliance with the appropriate airworthiness requirements must be shown in connection with the type certification of the airplane. Requirements concerning provision for parachute jumping will be available on request from the LBA.
1.3 Spins. If approval for spins is sought, compliance with the requirements of FAR 23.807(b) (5) must be shown.
SUPPLEMENTARY AIRWORTHINESS REQUIREMENTS FOR AIRCRAFT INTENDED FOR USE IN COMMERCIAL OPERATION. In connection with additional equipment as it may be required by the German operating regulations in regard of certain operational aspects, supplementary airworthiness requirements could come into effect.
The IBA is prepared to inform on an individual basis according to the case under consideration.
ppendix ¿
HONG KONG - SPECIAL REQUIREMENTS (New March 14, 1977) The territory of Hong Kong has the status of a British Crown Colony under the United Kingdom. When exporting aeronautical products to Hong Kong, the Specia. Requirements of the United Kingdom (Appendix 2) should be similarly observed.
Appendix 2
REPUBLIC OF INDIA - SPECIAL REQUIREMENIS
1. When an aircraft/engine/component exported to India is the first of a model, the manufacturer must supply to the Director General of Civil Aviation the following documents and subsequent revisions:
a. Copies of type certification documents and relevant drawings, specification, etc.
b. Iwo sets of maintenance manuals.
c. Two sets of overhaul/shop manuals.
d. Two sets of engine operations manuals.
e. One set of flight manuals, if applicable.
f. One set of repair manuals.
g. Two sets of Service Bulletins and subsequent new issues in addition to revisions.
h. Recommended maintenance schedules.
2. The exporter must show evidence that the products or parts thereof were manufactured under one or more of the following approvals, unless otherwise approved by the Government of India, Director General of Civil Aviation:
a. The current valid FAA Production Certificate for the product involved, as outlined in Subpart G of Part 2l of the FAR.
b. An FAA-Approved Production Inspection System (FAA-APIS) letter of approval, as stated in Subpart F of Part 21 of the FAR.
c. An FAA Replacement and Modification Parts Manufacturers Approval (FAA-PA) letter of approval issued by the FAA in accordance with Subpart K of Part 2l of the FAR. In this case, each part (or package of small parts) must be marked with the symbol "FAA-PMA" to indicate approval. In addition, each part (or package of small parts) must be marked with the company's name (or trademark), the part number, and the make and model oi the type certificated product on which the part is eligible for installation. The make and model information may be on a tag attached to the part (reference FAR 45.15 and FAA Advisory Circular No. 21.303-1A).
d. A Technical Standard Order (TSO) acknowledgement or authorization letter, issued by the FAA per Part 37 of the FAR or those airworthiness parts of the FAR relative to the products involved.