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13 to resolve those issues and request written concurrence when they are resolved.
d. Although not necessary, it would be helpful to develop and track metrics that can be used to improve the process from project to project (e.g. amount of time from start to issuance). If trends can be identified, that may improve the validation process and prevent future projects from being adversely affected. Trends should be communicated to the FAA. FAA may be able to resolve any issues with processes or issues involving CAAs.
e. Be proactive in managing the project to ensure everyone involved follows the terms of the IPA and validation process. On some projects the FAA may not be as involved as they otherwise would be on first-time or more complex projects. If it is believed that requests for information or evaluation of the design or design change go beyond what is necessary to accomplish familiarization or validation, discuss this with the FAA.
f. Plan accordingly. Some CAAs have limited resources and may become overly burdened when requests for their approval/acceptance suddenly increase. Do not assume that a CAA will be able to issue an approval/acceptance based on one’s experience with the FAA or another CAA, or even with the same CAA based on prior experience. If an applicant is planning on seeking approval/acceptance from a CAA for the first time, or it has been a long time since the last foreign design approval/acceptance, contact the FAA well in advance of submitting the application to get an estimate for planning purposes.
9. Common Mistakes to Avoid.
a. Assuming CAA regulations are the same as the FAA regulations. FAA exemptions are almost always reviewed by the CAA, as well as alternative method of compliance to ADs.
b. Assuming CAA resources are equivalent to the FAA resources.
c. Neglecting to use mandatory CAA forms or paying upfront fees.
d. Being unprepared at a familiarization meeting.
10. Frequently Asked Questions.
a. Does a foreign design approval/acceptance mean granting CAA access to an applicant’s facility? Obtaining a foreign design approval may grant access for the CAA to conduct oversight and surveillance. However, most times the CAA relies on the FAA to perform this action on their behalf.
b. Whom should an applicant contact with questions or issues on a foreign design approval/acceptance process? Contact the geographic FAA ACO pertaining to specific projectrelated questions and AIR-40 for general CAA and bilateral agreement related questions.
c. Where are current addresses found for the CAAs? The address for a CAA listed in a bilateral agreement is not always current so check with your geographic ACO for updated contact information.
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d. How do AC 21-2 and AC 21-23 Airworthiness Certification of Civil Aircraft, Engines, Propellers, and Related Products Imported to the United States relate to this AC?
(1) AC 21-2 explains how individual aircraft, engines, propellers and articles are exported to other countries or jurisdictions. Before individual products and articles can be exported they must have a U.S. design approval and be certified to comply with that approved design. It does not address procedures to obtain a foreign design approval/acceptance which is the subject of this AC.
Note: A few countries or jurisdictions listed in AC 21-2 Appendix 2 have basic and/or additional design approval procedures;
however the bilateral agreement takes precedence over AC 21-2 (if conflicts or contradicting terms occur) with respect to design approval procedures. When a bilateral agreement does not exist between the FAA and CAA, all the procedures in AC 21-2 Appendix 2 would apply.
(2) AC 21-23 explains how products imported into the U.S. are approved by the FAA for both the design and for issuing certificates of airworthiness for individual aircraft. It does not cover how to obtain a foreign design approval/acceptance which is the subject of this AC.
e. Who is responsible for export control, sensitive, or proprietary data?
The applicant is responsible for collecting any applicable export licenses or approvals (if necessary) from different U.S. government agencies. The FAA becomes involved only when another U.S. government agency contacts the FAA with issues related to aircraft safety.
Note: There is no proprietary data protection for countries or jurisdictions without a bilateral agreement.
f. Does this AC cancel any prior ACs?
No. This is the original issue of this AC.
g. How can an applicant get this and other FAA publications?
All ACs can be found on the FAA website at http://www.faa.gov/regulations_policies/advisory_circulars/ .
14 CFR can be viewed at http://www.faa.gov/regulations_policies/faa_regulations/.
11. Related References.
a. FAA Bilateral Agreement Website: http://www.faa.gov/aircraft/air_cert/international/
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b. FAA Bilateral Listing:
http://www.faa.gov/aircraft/air_cert/international/bilateral_agreements/baa_basa_listing/
c. ACs: http://www.faa.gov/regulations_policies/advisory_circulars/
d. 14 CFR: http://www.faa.gov/regulations_policies/faa_regulations/
e. ICAO Annex 8, Airworthiness of Aircraft. http://store1.icao.int/mainpage.ch2
f. AC 21-2, Complying with the Requirements of Importing Countries or Jurisdictions When Exporting U.S. Products, Articles, or Parts.
g. AC 21-23, Airworthiness Certification of Civil Aircraft, Engines, Propellers, and Related Products Imported to the United States.
Chris Carter Manager, International Policy Office (AIR-40)