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Note. Appendix A provides a high-level illustration of the common assessment process followed by most States in determining the appropriate amendment level of the airworthiness standards for a modified product.
5.4.2.4  Environmental Standards
The applicable environmental Standards for a modification of an aircraft or engine are described in Annex 16 — Environmental Protection. States that have not adopted or accepted Annex 16 as their environmental standards may use other standards provided it is at least equal to the stringency of Annex 16.
Note.— Some States assign the responsibilities for establishing, and finding compliance with, the environmental standards to another government organization, and not necessarily to their ACD. States should ensure that both the environmental and airworthiness certifications are addressed at the conclusion of the modification approval process.
5.4.2.5  Special conditions of airworthiness
Annex 8, Part II, 1.2.3 and 1.2.4 refer to the use of additional technical requirements where design features of a product render a certification basis inadequate. This requirement applies beginning with the original type certification of an aircraft, engine, or propeller and for any subsequent design changes to these aeronautical products. The common instrument used by many States for this purpose is the special conditions of airworthiness (SC). A SC should be issued when the ACD finds that a proposed modification incorporates novel or unusual design features and the applicable airworthiness standards do not contain adequate or appropriate safety standards for certifying such feature. For example, the airworthiness standards may only contain provisions for use of metal for structural parts, and therefore a proposal to use composite materials will be novel or unusual to the standards. The phrase “novel or unusual” applies to the design features of the proposed modification when compared to the applicable airworthiness standards. The existing certification basis of an aircraft, engine, or propeller being considered for modification may already contain special conditions of airworthiness (SC), either from the original type certification activity or from previously incorporated modifications. The applicant and ACD should assess the impact of a proposed modification on an existing SC and, as appropriate, amend it or issue a new one. A SC should contain only such additional airworthiness standards for the novel or unusual features as are necessary to establish a level of safety equivalent to that intended by the certification basis established for the modification.
5.4.2.6  Finding of equivalent level of safety
A finding of equivalent level of safety (FES) is not an additional airworthiness requirement by itself, but rather a finding of compliance with the intent of an airworthiness standard(s). Usually, the applicant will identify to the ACD very early during the application process of a need for an FES against certain airworthiness standards, attributed to a peculiarity in the proposed modification. Once a need for an FES is established, whether early in the programme or later, the ACD should identify and record all FES as part of the certification basis for the modification. The existing certification basis of an aircraft, engine, or propeller being considered for modification may already contain FES, either from the original type certification activity or from previously incorporated modifications. The applicant and ACD should assess if a proposed modification will invalidate or alter the basis of an existing FES and, as appropriate, amend it or issue a new one. The level of safety to be established under an FES should be equivalent to that intended by the certification basis established for the modification.
5.4.2.7  Exemption
5.4.2.7.1  A request for exemption is a proposal that a non-compliance with a specific certification requirement can be allowed. A request for exemption must be based on convincing evidence that granting the exemption relief will not adversely affect safety and that the requirements for environmental protection are still met. A request for exemption may be denied, partly granted, or granted by the CAA. An exemption is usually issued with specific condition(s) to ensure that granting such relief will maintain an acceptable level of safety and that the requirements for environmental protection are still met. For any proposed modification involving a request for exemption, the possibility of a FES should be considered prior to accepting a request from the applicant for exemption from a specific airworthiness standard.
　
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