Federal Aviation Administration, DOT § 21.3

SUBCHAPTER C—AIRCRAFT

PART 21—CERTIFICATION PROCE- 21.49 Availability. 21.50 Instructions for continued airworthi- DURES FOR PRODUCTS AND AR- ness and manufacturer’s maintenance TICLES manuals having airworthiness limitations sections. 21.51 Duration. SPECIAL FEDERAL AVIATION REGULATION NO. 88 21.53 Statement of conformity. 21.55 Responsibility of type certificate hold- SPECIAL FEDERAL AVIATION REGULATION NO. ers to provide written licensing agree- 118–2 ments. Subpart A—General Subpart C—Provisional Type Certificates Sec. 21.71 Applicability. 21.1 Applicability and definitions. 21.73 Eligibility. 21.2 Falsification of applications, reports, 21.75 Application. or records. 21.77 Duration. 21.3 Reporting of failures, malfunctions, 21.79 Transferability. and defects. 21.81 Requirements for issue and amend- 21.4 ETOPS reporting requirements. ment of Class I provisional type certifi- 21.5 Airplane or Rotorcraft Flight Manual. cates. 21.6 Manufacture of new aircraft, aircraft 21.83 Requirements for issue and amend- engines, and propellers. ment of Class II provisional type certifi- 21.7 Continued airworthiness and safety im- cates. provements for transport category air- 21.85 Provisional amendments to type cer- planes. tificates. 21.8 Approval of articles. 21.9 Replacement and modification articles. Subpart D—Changes to Type Certificates Subpart B—Type Certificates 21.91 Applicability. 21.11 Applicability. 21.93 Classification of changes in type de- 21.13 Eligibility. sign. 21.15 Application for type certificate. 21.95 Approval of minor changes in type de- 21.16 Special conditions. sign. 21.17 Designation of applicable regulations. 21.97 Approval of major changes in type de- 21.19 Changes requiring a new type certifi- sign. cate. 21.99 Required design changes. 21.20 Compliance with applicable require- 21.101 Designation of applicable regulations. ments. 21.21 Issue of type certificate: normal, util- Subpart E—Supplemental Type Certificates ity, acrobatic, commuter, and transport 21.111 Applicability. category aircraft; manned free balloons; 21.113 Requirement for supplemental type special classes of aircraft; aircraft en- certificate. gines; propellers. 21.115 Applicable requirements. 21.23 [Reserved] 21.117 Issue of supplemental type certifi- 21.24 Issuance of type certificate: primary cates. category aircraft. 21.119 Privileges. 21.25 Issue of type certificate: Restricted 21.120 Responsibility of supplemental type category aircraft. certificate holders to provide written 21.27 Issue of type certificate: surplus air- permission for alterations. craft of the Armed Forces. 21.29 Issue of type certificate: import prod- Subpart F—Production Under Type ucts. Certificate 21.31 Type design. 21.33 Inspection and tests. 21.121 Applicability. 21.35 Flight tests. 21.122 Location of or change to manufac- 21.37 Flight test pilot. turing facilities. 21.39 Flight test instrument calibration and 21.123 Production under type certificate. correction report. 21.125 [Reserved] 21.41 Type certificate. 21.127 Tests: aircraft. 21.43 Location of manufacturing facilities. 21.128 Tests: aircraft engines. 21.45 Privileges. 21.129 Tests: propellers. 21.47 Transferability. 21.130 Statement of conformity.

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Subpart G—Production Certificates 21.225 Provisional airworthiness certificates corresponding with provisional amend- 21.131 Applicability. ments to type certificates. 21.132 Eligibility. 21.133 Application. Subpart J [Reserved] 21.135 Organization. 21.137 Quality system. Subpart K—Parts Manufacturer Approvals 21.138 Quality manual. 21.139 Location of or change to manufac- 21.301 Applicability. turing facilities. 21.303 Application. 21.140 Inspections and tests. 21.305 Organization. 21.141 Issuance. 21.307 Quality system. 21.142 Production limitation record. 21.308 Quality manual. 21.143 Duration. 21.144 Transferability. 21.309 Location of or change to manufac- 21.145 Privileges. turing facilities. 21.146 Responsibility of holder. 21.310 Inspections and tests. 21.147 Amendment of production certifi- 21.311 Issuance. cates. 21.313 Duration. 21.150 Changes in quality system. 21.314 Transferability. 21.316 Responsibility of holder. Subpart H—Airworthiness Certificates 21.319 Design changes. 21.320 Changes in quality system. 21.171 Applicability. 21.173 Eligibility. Subpart L—Export Airworthiness Approvals 21.175 Airworthiness certificates: classification. 21.321 Applicability. 21.177 Amendment or modification. 21.325 Export airworthiness approvals. 21.179 Transferability. 21.327 Application. 21.181 Duration. 21.329 Issuance of export certificates of air- 21.182 Aircraft identification. worthiness. 21.183 Issue of standard airworthiness certificates for normal, utility, acrobatic, 21.331 Issuance of export airworthiness ap- commuter, and transport category air- provals for aircraft engines, propellers, craft; manned free balloons; and special and articles. classes of aircraft. 21.335 Responsibilities of exporters. 21.184 Issue of special airworthiness certificates for primary category aircraft. Subpart M [Reserved] 21.185 Issue of airworthiness certificates for restricted category aircraft. Subpart N—Acceptance of Aircraft 21.187 Issue of multiple airworthiness cer- Engines, Propellers, and Articles for Import tification. 21.189 Issue of airworthiness certificate for 21.500 Acceptance of aircraft engines and limited category aircraft. propellers. 21.190 Issue of a special airworthiness cer- 21.502 Acceptance of articles. tificate for a light-sport category aircraft. Subpart O—Technical Standard Order 21.191 Experimental certificates. Approvals 21.193 Experimental certificates: general. 21.195 Experimental certificates: Aircraft to 21.601 Applicability and definitions. be used for market surveys, sales dem- 21.603 Application. onstrations, and customer crew training. 21.605 Organization. 21.197 Special flight permits. 21.607 Quality system. 21.199 Issue of special flight permits. 21.608 Quality manual. 21.609 Location of or change to manufac- Subpart I—Provisional Airworthiness turing facilities. Certificates 21.610 Inspections and tests. 21.611 Issuance. 21.211 Applicability. 21.213 Eligibility. 21.613 Duration. 21.215 Application. 21.614 Transferability. 21.217 Duration. 21.616 Responsibility of holder. 21.219 Transferability. 21.618 Approval for deviation. 21.221 Class I provisional airworthiness cer- 21.619 Design changes. tificates. 21.620 Changes in quality system. 21.223 Class II provisional airworthiness cer- 21.621 Issue of letters of TSO design ap- tificates. proval: Import articles.

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Subpart P—Special Federal Aviation acceptable level of safety, and the resulting Regulations level of safety. (b) Develop all maintenance and inspection 21.700 SFAR No. 111—Lavatory oxygen sys- instructions necessary to maintain the de- tems. sign features required to preclude the exist- ence or development of an ignition source AUTHORITY: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105, 40113, 44701–44702, 44704, 44707, within the fuel tank system of the airplane. 44709, 44711, 44713, 44715, 45303. (c) Submit a report for approval to the responsible Aircraft Certification Service of- EDITORIAL NOTES: 1. For miscellaneous fice for the affected airplane, that: amendments to cross references in this 21 see (1) Provides substantiation that the air- Amdt. 21–10, 31 FR 9211, July 6, 1966. plane fuel tank system design, including all 2. Nomenclature changes to part 21 appear necessary design changes, meets the require- at 74 FR 53384, Oct. 16, 2009. ments of §§ 25.901 and 25.981(a) and (b) of this chapter; and SPECIAL FEDERAL AVIATION REGULATION (2) Contains all maintenance and inspec- NO. 88—FUEL TANK SYSTEM FAULT tion instructions necessary to maintain the TOLERANCE EVALUATION REQUIRE- design features required to preclude the ex- MENTS istence or development of an ignition source within the fuel tank system throughout the 1. Applicability. This SFAR applies to the operational life of the airplane. holders of type certificates, and supple- (d) The responsible Aircraft Certification mental type certificates that may affect the Service office for the affected airplane, may airplane fuel tank system, for turbine-pow- approve a report submitted in accordance ered transport category airplanes, provided with paragraph 2(c) if it determines that any the type certificate was issued after January provisions of this SFAR not complied with 1, 1958, and the airplane has either a max- are compensated for by factors that provide imum type certificated passenger capacity of an equivalent level of safety. 30 or more, or a maximum type certificated (e) Each type certificate holder must com- payload capacity of 7,500 pounds or more. ply no later than December 6, 2002, or within This SFAR also applies to applicants for 18 months after the issuance of a type cer- type certificates, amendments to a type certificate for which application was filed be- tificate, and supplemental type certificates fore June 6, 2001, whichever is later; and each affecting the fuel tank systems for those air- supplemental type certificate holder of a planes identified above, if the application was filed before June 6, 2001, the effective modification affecting the airplane fuel tank date of this SFAR, and the certificate was system must comply no later than June 6, not issued before June 6, 2001. 2003, or within 18 months after the issuance of a supplemental type certificate for which 2. Compliance: Each type certificate holder, and each supplemental type certificate hold- application was filed before June 6, 2001, er of a modification affecting the airplane whichever is later. fuel tank system, must accomplish the fol- [Doc. No. 1999–6411, 66 FR 23129, May 7, 2001, lowing within the compliance times specified as amended by Amdt. 21–82, 67 FR 57493, Sept. in paragraph (e) of this section: 10, 2002; 67 FR 70809, Nov. 26, 2002; Amdt. 21– (a) Conduct a safety review of the airplane 83, 67 FR 72833, Dec. 9, 2002; Doc. No. FAA– fuel tank system to determine that the de- 2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 5, sign meets the requirements of §§ 25.901 and 2018] 25.981(a) and (b) of this chapter. If the current design does not meet these require- SPECIAL FEDERAL AVIATION REGULATION ments, develop all design changes to the fuel NO. 118–2—RELIEF FOR CERTAIN tank system that are necessary to meet these requirements. The responsible Aircraft PERSONS DURING THE NATIONAL Certification Service office for the affected EMERGENCY CONCERNING THE NOVEL airplane may grant an extension of the 18- CORONAVIRUS DISEASE (COVID–19) month compliance time for development of PUBLIC HEALTH EMERGENCY design changes if: (1) The safety review is completed within For the text of SFAR No. 118–2, see part 61 the compliance time; of this chapter. (2) Necessary design changes are identified [Docket FAA–2020–0446; Amdt. No(s). 21–104, within the compliance time; and 85 FR 62968, Oct. 6, 2020] (3) Additional time can be justified, based on the holder’s demonstrated aggressiveness EFFECTIVE DATE NOTE: At 85 FR 62968, Oct. in performing the safety review, the com- 6, 2020, Special Federal Aviation Regulation plexity of the necessary design changes, the No. 118–2 was added to Part 21, effective Oct. availability of interim actions to provide an 1, 2020, through Apr. 30, 2021.

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Subpart A—General duction certificate, a PMA, or a TSO authorization; § 21.1 Applicability and definitions. (8) State of Design means the country (a) Except for aircraft subject to the or jurisdiction having regulatory au- provisions of part 107 of this chapter, thority over the organization respon- this part prescribes— sible for the design and continued air- (1) Procedural requirements for worthiness of a civil aeronautical prod- issuing and changing— uct or article; (i) Design approvals; (9) State of Manufacture means the (ii) Production approvals; country or jurisdiction having regu- (iii) Airworthiness certificates; and latory authority over the organization (iv) Airworthiness approvals; responsible for the production and air- (2) Rules governing applicants for, worthiness of a civil aeronautical prod- and holders of, any approval or certifi- uct or article. cate specified in paragraph (a)(1) of this section; and (10) Supplier means a person at any (3) Procedural requirements for the tier in the supply chain who provides a approval of articles. product, article, or service that is used (b) For the purposes of this part— or consumed in the design or manufac- (1) Airworthiness approval means a ture of, or installed on, a product or ar- document, issued by the FAA for an ticle. aircraft, aircraft engine, propeller, or [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR article, which certifies that the air- 53384, Oct. 16, 2009; Doc. No. FAA–2013–0933, craft, aircraft engine, propeller, or ar- Amdt. 21–98, 80 FR 59031, Oct. 1, 2015; Amdt. ticle conforms to its approved design 21–98A, 80 FR 59031, Dec. 17, 2015; Docket and is in a condition for safe operation, FAA–2015–0150, Amdt. 21–99, 81 FR 42207, June unless otherwise specified; 28, 2016] (2) Article means a material, part, component, process, or appliance; § 21.2 Falsification of applications, re- (3) Commercial part means an article ports, or records. that is listed on an FAA-approved (a) A person may not make or cause Commercial Parts List included in a to be made— design approval holder’s Instructions (1) Any fraudulent, intentionally for Continued Airworthiness required false, or misleading statement on any by § 21.50; (4) Design approval means a type cer- application for a certificate or ap- tificate (including amended and supple- proval under this part; mental type certificates) or the ap- (2) Any fraudulent, intentionally proved design under a PMA, TSO au- false, or misleading statement in any thorization, letter of TSO design ap- record or report that is kept, made, or proval, or other approved design; used to show compliance with any re- (5) Interface component means an arti- quirement of this part; cle that serves as a functional interface (3) Any reproduction for a fraudulent between an aircraft and an aircraft en- purpose of any certificate or approval gine, an aircraft engine and a propeller, issued under this part. or an aircraft and a propeller. An inter- (4) Any alteration of any certificate face component is designated by the or approval issued under this part. holder of the type certificate or the (b) The commission by any person of supplemental type certificate who con- an act prohibited under paragraph (a) trols the approved design data for that of this section is a basis for— article; (1) Denying issuance of any certifi- (6) Product means an aircraft, aircraft cate or approval under this part; and engine, or propeller; (2) Suspending or revoking any cer- (7) Production approval means a document issued by the FAA to a person tificate or approval issued under this that allows the production of a product part and held by that person. or article in accordance with its ap- [Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as proved design and approved quality amended by Amdt. 21–92, 74 FR 53384, Oct. 16, system, and can take the form of a pro- 2009; Amdt. 21–92A, 75 FR 9095, Mar. 1, 2010]

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§ 21.3 Reporting of failures, malfunc- hydraulic power system during a given tions, and defects. operation of the aircraft. (a) The holder of a type certificate (13) A failure or malfunction of more (including amended or supplemental than one attitude, airspeed, or altitude type certificates), a PMA, or a TSO au- instrument during a given operation of thorization, or the licensee of a type the aircraft. certificate must report any failure, (d) The requirements of paragraph (a) malfunction, or defect in any product of this section do not apply to— or article manufactured by it that it (1) Failures, malfunctions, or defects determines has resulted in any of the that the holder of a type certificate occurrences listed in paragraph (c) of (including amended or supplemental this section. type certificates), PMA, TSO author- (b) The holder of a type certificate ization, or the licensee of a type cer- (including amended or supplemental tificate determines— type certificates), a PMA, or a TSO au- (i) Were caused by improper mainte- thorization, or the licensee of a type nance or use; certificate must report any defect in (ii) Were reported to the FAA by an- any product or article manufactured by other person under this chapter; or it that has left its quality system and (iii) Were reported under the accident that it determines could result in any reporting provisions of 49 CFR part 830 of the occurrences listed in paragraph of the regulations of the National (c) of this section. Transportation Safety Board. (c) The following occurrences must (2) Failures, malfunctions, or defects be reported as provided in paragraphs in products or articles— (a) and (b) of this section: (i) Manufactured by a foreign manu- (1) Fires caused by a system or equip- facturer under a U.S. type certificate ment failure, malfunction, or defect. issued under § 21.29 or under an ap- (2) An engine exhaust system failure, proval issued under § 21.621; or malfunction, or defect which causes (ii) Exported to the United States damage to the engine, adjacent aircraft under § 21.502. structure, equipment, or components. (e) Each report required by this sec- (3) The accumulation or circulation tion— of toxic or noxious gases in the crew (1) Must be made to the FAA within compartment or passenger cabin. 24 hours after it has determined that (4) A malfunction, failure, or defect the failure, malfunction, or defect re- of a propeller control system. quired to be reported has occurred. (5) A propeller or rotorcraft hub or However, a report that is due on a Sat- blade structural failure. urday or a Sunday may be delivered on (6) Flammable fluid leakage in areas the following Monday and one that is where an ignition source normally ex- due on a holiday may be delivered on ists. (7) A brake system failure caused by the next workday; structural or material failure during (2) Must be transmitted in a manner operation. and form acceptable to the FAA and by (8) A significant aircraft primary the most expeditious method available; structural defect or failure caused by and any autogenous condition (fatigue, un- (3) Must include as much of the fol- derstrength, corrosion, etc.). lowing information as is available and (9) Any abnormal vibration or buf- applicable: feting caused by a structural or system (i) The applicable product and article malfunction, defect, or failure. identification information required by (10) An engine failure. part 45 of this chapter; (11) Any structural or flight control (ii) Identification of the system in- system malfunction, defect, or failure volved; and which causes an interference with nor- (iii) Nature of the failure, malfunc- mal control of the aircraft for which tion, or defect. derogates the flying qualities. (f) If an accident investigation or (12) A complete loss of more than one service difficulty report shows that a electrical power generating system or product or article manufactured under

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this part is unsafe because of a manu- responsible Aircraft Certification Serv- facturing or design data defect, the ice office, and propose a solution to the holder of the production approval for FAA to resolve each problem. A pro- that product or article must, upon re- posed solution must consist of— quest of the FAA, report to the FAA (i) A change in the airplane or engine the results of its investigation and any type design; action taken or proposed by the holder (ii) A change in a manufacturing of that production approval to correct process; that defect. If action is required to cor- (iii) A change in an operating or rect the defect in an existing product maintenance procedure; or or article, the holder of that produc- (iv) Any other solution acceptable to tion approval must send the data nec- the FAA. essary for issuing an appropriate air- (2) For an airplane with more than worthiness directive to the FAA. two engines, the system must be in place for the first 250,000 world fleet en- [Amdt. 21–36, 35 FR 18187, Nov. 28, 1970, as amended by Amdt. 21–37, 35 FR 18450, Dec. 4, gine-hours for the approved airplane- 1970; Amdt. 21–50, 45 FR 38346, June 9, 1980; engine combination. Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; Amdt. (3) For two-engine airplanes, the sys- 21–92, 74 FR 53385, Oct. 16, 2009; Doc. No. tem must be in place for the first FAA–2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 250,000 world fleet engine-hours for the 5, 2018] approved airplane-engine combination and after that until— § 21.4 ETOPS reporting requirements. (i) The world fleet 12-month rolling (a) Early ETOPS: reporting, tracking, average IFSD rate is at or below the and resolving problems. The holder of a rate required by paragraph (b)(2) of this type certificate for an airplane-engine section; and combination approved using the Early (ii) The FAA determines that the ETOPS method specified in part 25, Ap- rate is stable. pendix K, of this chapter must use a (4) For an airplane-engine combina- system for reporting, tracking, and re- tion that is a derivative of an airplane- solving each problem resulting in one engine combination previously ap- of the occurrences specified in para- proved for ETOPS, the system need graph (a)(6) of this section. only address those problems specified (1) The system must identify how the in the following table, provided the type certificate holder will promptly type certificate holder obtains prior identify problems, report them to the authorization from the FAA:

If the change does not require a new airplane type certificate Then the Problem Tracking and Resolution System must ad- and . . . dress . . .

(i) Requires a new engine type certificate ...... All problems applicable to the new engine installation, and for the remainder of the airplane, problems in changed systems only. (ii) Does not require a new engine type certificate ...... Problems in changed systems only.

(5) The type certificate holder must (iii) Inability to control an engine or identify the sources and content of obtain desired thrust or power. data that it will use for its system. The (iv) Precautionary thrust or power data must be adequate to evaluate the reductions. specific cause of any in-service problem (v) Degraded ability to start an en- reportable under this section or § 21.3(c) gine in flight. that could affect the safety of ETOPS. (vi) Inadvertent fuel loss or unavail- (6) In implementing this system, the ability, or uncorrectable fuel imbal- type certificate holder must report the ance in flight. following occurrences: (vii) Turn backs or diversions for fail- (i) IFSDs, except planned IFSDs per- ures, malfunctions, or defects associ- formed for flight training. ated with an ETOPS group 1 signifi- (ii) For two-engine airplanes, IFSD cant system. rates.

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(viii) Loss of any power source for an priate, to maintain the world fleet 12- ETOPS group 1 significant system, in- month rolling average IFSD rate at or cluding any power source designed to below the following levels: provide backup power for that system. (i) A rate of 0.05 per 1,000 world-fleet (ix) Any event that would jeopardize engine-hours for an airplane-engine the safe flight and landing of the air- combination approved for up to and in- plane on an ETOPS flight. cluding 120-minute ETOPS. When all (x) Any unscheduled engine removal ETOPS operators have complied with for a condition that could result in one the corrective actions required in the of the reportable occurrences listed in configuration, maintenance and proce- this paragraph. dures (CMP) document as a condition (b) Reliability of two-engine airplanes— for ETOPS approval, the rate to be (1) Reporting of two-engine airplane in- maintained is at or below 0.02 per 1,000 service reliability. The holder of a type world-fleet engine-hours. certificate for an airplane approved for (ii) A rate of 0.02 per 1,000 world-fleet ETOPS and the holder of a type certifi- engine-hours for an airplane-engine cate for an engine installed on an air- combination approved for up to and in- plane approved for ETOPS must report cluding 180-minute ETOPS, including monthly to their respective Aircraft airplane-engine combinations approved Certification Service office on the reliability of the world fleet of those air- for 207-minute ETOPS in the North Pa- planes and engines. The report pro- cific operating area under appendix P, vided by both the airplane and engine section I, paragraph (h), of part 121 of type certificate holders must address this chapter. each airplane-engine combination ap- (iii) A rate of 0.01 per 1,000 world-fleet proved for ETOPS. The FAA may ap- engine-hours for an airplane-engine prove quarterly reporting if the air- combination approved for ETOPS be- plane-engine combination dem- yond 180 minutes, excluding airplane- onstrates an IFSD rate at or below engine combinations approved for 207- those specified in paragraph (b)(2) of minute ETOPS in the North Pacific op- this section for a period acceptable to erating area under appendix P, section the FAA. This reporting may be com- I, paragraph (h), of part 121 of this bined with the reporting required by chapter. § 21.3. The responsible type certificate [Doc. No. FAA–2002–6717, 72 FR 1872, Jan. 16, holder must investigate any cause of 2007, as amended by Doc. No. FAA–2018–0119, an IFSD resulting from an occurrence Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] attributable to the design of its product and report the results of that in- § 21.5 Airplane or Rotorcraft Flight vestigation to its responsible Aircraft Manual. Certification Service office. Reporting (a) With each airplane or rotorcraft must include: not type certificated with an Airplane (i) Engine IFSDs, except planned or Rotorcraft Flight Manual and hav- IFSDs performed for flight training. ing no flight time before March 1, 1979, (ii) The world fleet 12-month rolling the holder of a type certificate (includ- average IFSD rates for all causes, except planned IFSDs performed for ing amended or supplemental type cer- flight training. tificates) or the licensee of a type cer- (iii) ETOPS fleet utilization, includ- tificate must make available to the ing a list of operators, their ETOPS di- owner at the time of delivery of the version time authority, flight hours, aircraft a current approved Airplane or and cycles. Rotorcraft Flight Manual. (2) World fleet IFSD rate for two-engine (b) The Airplane or Rotorcraft Flight airplanes. The holder of a type certifi- Manual required by paragraph (a) of cate for an airplane approved for this section must contain the following ETOPS and the holder of a type certifi- information: cate for an engine installed on an air- (1) The operating limitations and in- plane approved for ETOPS must issue formation required to be furnished in service information to the operators of an Airplane or Rotorcraft Flight Man- those airplanes and engines, as appro- ual or in manual material, markings,

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and placards, by the applicable regula- (b) For new transport category air- tions under which the airplane or planes manufactured under the author- rotorcraft was type certificated. ity of the FAA, the holder or licensee (2) The maximum ambient atmos- of a type certificate must meet the ap- pheric temperature for which engine plicable continued airworthiness and cooling was demonstrated must be safety improvement requirements spec- stated in the performance information ified in part 26 of this subchapter for section of the Flight Manual, if the ap- new production airplanes. Those re- plicable regulations under which the quirements only apply if the FAA has aircraft was type certificated do not re- jurisdiction over the organization require ambient temperature on engine sponsible for final assembly of the air- cooling operating limitations in the plane. Flight Manual. [Doc. No. FAA–2004–18379, Amdt. 21–90, 72 FR [Amdt. 21–46, 43 FR 2316, Jan. 16, 1978, as 63404, Nov. 8, 2007] amended by Amdt. 21–92, 74 FR 53385, Oct. 16, 2009] § 21.8 Approval of articles. If an article is required to be ap- § 21.6 Manufacture of new aircraft, air- proved under this chapter, it may be craft engines, and propellers. approved— (a) Except as specified in paragraphs (a) Under a PMA; (b) and (c) of this section, no person (b) Under a TSO; may manufacture a new aircraft, air- (c) In conjunction with type certifi- craft engine, or propeller based on a cation procedures for a product; or type certificate unless the person— (d) In any other manner approved by (1) Is the holder of the type certifi- the FAA. cate or has a licensing agreement from the holder of the type certificate to [Doc. No. FAA–2006–5877, Amdt. 21–92, 74 FR 53385, Oct. 16, 2009] manufacture the product; and (2) Meets the requirements of subpart § 21.9 Replacement and modification F or G of this part. articles. (b) A person may manufacture one (a) If a person knows, or should new aircraft based on a type certificate know, that a replacement or modifica- without meeting the requirements of tion article is reasonably likely to be paragraph (a) of this section if that installed on a type-certificated prod- person can provide evidence acceptable uct, the person may not produce that to the FAA that the manufacture of article unless it is— the aircraft by that person began be- (1) Produced under a type certificate; fore August 5, 2004. (2) Produced under an FAA produc- (c) The requirements of this section tion approval; do not apply to— (3) A standard part (such as a nut or (1) New aircraft imported under the bolt) manufactured in compliance with provisions of §§ 21.183(c), 21.184(b), or a government or established industry 21.185(c); and specification; (2) New aircraft engines or propellers (4) A commercial part as defined in imported under the provisions of § 21.1 of this part; § 21.500. (5) Produced by an owner or operator [Doc. No. FAA–2003–14825, 71 FR 52258, Sept. for maintaining or altering that owner 1, 2006] or operator’s product; (6) Fabricated by an appropriately § 21.7 Continued airworthiness and rated certificate holder with a quality safety improvements for transport system, and consumed in the repair or category airplanes. alteration of a product or article in ac- (a) On or after December 10, 2007, the cordance with part 43 of this chapter; holder of a design approval and an ap- or plicant for a design approval must (7) Produced in any other manner ap- comply with the applicable continued proved by the FAA. airworthiness and safety improvement (b) Except as provided in paragraphs requirements of part 26 of this sub- (a)(1) through (a)(2) of this section, a chapter. person who produces a replacement or

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modification article for sale may not characteristics, and the proposed en- represent that part as suitable for in- gine operating limitations. stallation on a type-certificated prod- [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as uct. amended by Amdt. 21–40, 39 FR 35459, Oct. 1, (c) Except as provided in paragraphs 1974; Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; (a)(1) through (a)(2) of this section, a Amdt. 21–92, 74 FR 53385, Oct. 16, 2009; Doc. person may not sell or represent an ar- No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] ticle as suitable for installation on an aircraft type-certificated under § 21.16 Special conditions. §§ 21.25(a)(2) or 21.27 unless that arti- If the FAA finds that the airworthi- cle— ness regulations of this subchapter do (1) Was declared surplus by the U.S. not contain adequate or appropriate Armed Forces, and safety standards for an aircraft, air- (2) Was intended for use on that aircraft engine, or propeller because of a craft model by the U.S. Armed Forces. novel or unusual design feature of the [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR aircraft, aircraft engine or propeller, 53385, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095, he prescribes special conditions and Mar. 1, 2010; Doc. No. FAA–2015–1621, Amdt. amendments thereto for the product. 21–100, 81 FR 96688, Dec. 30, 2016] The special conditions are issued in accordance with Part 11 of this chapter Subpart B—Type Certificates and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to es- SOURCE: Docket No. 5085, 29 FR 14564, Oct. tablish a level of safety equivalent to 24, 1964, unless otherwise noted. that established in the regulations. § 21.11 Applicability. [Amdt. 21–19, 32 FR 17851, Dec. 13, 1967, as amended by Amdt. 21–51, 45 FR 60170, Sept. This subpart prescribes— 11, 1980] (a) Procedural requirements for the issue of type certificates for aircraft, § 21.17 Designation of applicable regu- aircraft engines, and propellers; and lations. (b) Rules governing the holders of (a) Except as provided in §§ 25.2, 27.2, those certificates. 29.2, and in parts 26, 34, and 36 of this subchapter, an applicant for a type cer- § 21.13 Eligibility. tificate must show that the aircraft, Any interested person may apply for aircraft engine, or propeller concerned meets— a type certificate. (1) The applicable requirements of [Amdt. 21–25, 34 FR 14068, Sept. 5, 1969] this subchapter that are effective on the date of application for that certifi- § 21.15 Application for type certificate. cate unless— (a) An application for a type certifi- (i) Otherwise specified by the FAA; or cate is made on a form and in a manner (ii) Compliance with later effective amendments is elected or required prescribed by the FAA. under this section; and (b) An application for an aircraft (2) Any special conditions prescribed type certificate must be accompanied by the FAA. by a three-view drawing of that air- (b) For special classes of aircraft, in- craft and available preliminary basic cluding the engines and propellers in- data. stalled thereon (e.g., gliders, airships, (c) An application for an aircraft en- and other nonconventional aircraft), gine type certificate must be accom- for which airworthiness standards have panied by a description of the engine not been issued under this subchapter, design features, the engine operating the applicable requirements will be the portions of those other airworthiness requirements contained in Parts 23, 25, 27, 29, 31, 33, and 35 found by the FAA to be appropriate for the aircraft and

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applicable to a specific type design, or (2) The noise standards of part 36 ap- such airworthiness criteria as the FAA plicable to primary category aircraft. may find provide an equivalent level of [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as safety to those parts. amended by Amdt. 21–19, 32 FR 17851, Dec. 13, (c) An application for type certifi- 1967; Amdt. 21–24, 34 FR 364, Jan. 10, 1969; cation of a transport category aircraft Amdt. 21–42, 40 FR 1033, Jan. 6, 1975; Amdt. is effective for 5 years and an applica- 21–58, 50 FR 46877, Nov. 13, 1985; Amdt. 21–60, tion for any other type certificate is ef- 52 FR 8042, Mar. 13, 1987; Amdt. 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–69, 56 FR 41051, fective for 3 years, unless an applicant Aug. 16, 1991; Amdt. 21–70, 57 FR 41367, Sept. shows at the time of application that 9, 1992; Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; his product requires a longer period of Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR time for design, development, and test- 96688, Dec. 30, 2016] ing, and the FAA approves a longer period. § 21.19 Changes requiring a new type certificate. (d) In a case where a type certificate has not been issued, or it is clear that Each person who proposes to change a type certificate will not be issued, a product must apply for a new type within the time limit established under certificate if the FAA finds that the proposed change in design, power, paragraph (c) of this section, the appli- thrust, or weight is so extensive that a cant may— substantially complete investigation of (1) File a new application for a type compliance with the applicable regula- certificate and comply with all the pro- tions is required. visions of paragraph (a) of this section applicable to an original application; [Doc. No. 28903, 65 FR 36265, June 7, 2000] or § 21.20 Compliance with applicable re- (2) File for an extension of the origi- quirements. nal application and comply with the applicable airworthiness requirements The applicant for a type certificate, including an amended or supplemental of this subchapter that were effective type certificate, must— on a date, to be selected by the appli- (a) Show compliance with all applica- cant, not earlier than the date which ble requirements and must provide the precedes the date of issue of the type FAA the means by which such compli- certificate by the time limit estab- ance has been shown; and lished under paragraph (c) of this sec- (b) Provide a statement certifying tion for the original application. that the applicant has complied with (e) If an applicant elects to comply the applicable requirements. with an amendment to this subchapter that is effective after the filing of the [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR 53385, Oct. 16, 2009] application for a type certificate, he must also comply with any other § 21.21 Issue of type certificate: nor- amendment that the FAA finds is di- mal, utility, acrobatic, commuter, rectly related. and transport category aircraft; (f) For primary category aircraft, the manned free balloons; special class- requirements are: es of aircraft; aircraft engines; propellers. (1) The applicable airworthiness requirements contained in parts 23, 27, 31, An applicant is entitled to a type cer- 33, and 35 of this subchapter, or such tificate for an aircraft in the normal, other airworthiness criteria as the utility, acrobatic, commuter, or transport category, or for a manned free bal- FAA may find appropriate and applica- loon, special class of aircraft, or an air- ble to the specific design and intended craft engine or propeller, if— use and provide a level of safety ac- (a) The product qualifies under § 21.27; ceptable to the FAA. or (b) The applicant submits the type design, test reports, and computations necessary to show that the product to be certificated meets the applicable

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airworthiness, aircraft noise, fuel vent- ducted appropriate flight, structural, ing, and exhaust emission require- propulsion, and systems tests nec- ments of this subchapter and any spe- essary to show that the aircraft, its cial conditions prescribed by the FAA, components, and its equipment are re- and the FAA finds— liable and function properly; the type (1) Upon examination of the type de- design complies with the airworthiness sign, and after completing all tests and standards and noise requirements es- inspections, that the type design and tablished for the aircraft under the product meet the applicable noise, § 21.17(f); and no feature or char- fuel venting, and emissions require- acteristic makes it unsafe for its in- ments of this subchapter, and further tended use; finds that they meet the applicable air- (ii) The flight manual required by worthiness requirements of this sub- § 21.5(b), including any information re- chapter or that any airworthiness pro- quired to be furnished by the applicable visions not complied with are com- airworthiness standards; pensated for by factors that provide an (iii) Instructions for continued air- equivalent level of safety; and worthiness in accordance with (2) For an aircraft, that no feature or § 21.50(b); and characteristic makes it unsafe for the category in which certification is re- (iv) A report that: summarizes how quested. compliance with each provision of the type certification basis was deter- [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as mined; lists the specific documents in amended by Amdt. 21–15, 32 FR 3735, Mar. 4, which the type certification data infor- 1967; Amdt. 21–27, 34 FR 18368, Nov. 18, 1969; mation is provided; lists all necessary Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt. 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, drawings and documents used to define 74 FR 53385, Oct. 16, 2009] the type design; and lists all the engineering reports on tests and computa- § 21.23 [Reserved] tions that the applicant must retain and make available under § 21.49 to sub- § 21.24 Issuance of type certificate: pri- stantiate compliance with the applica- mary category aircraft. ble airworthiness standards. (a) The applicant is entitled to a type (3) The FAA finds that— certificate for an aircraft in the pri- (i) The aircraft complies with those mary category if— applicable airworthiness requirements (1) The aircraft— approved under § 21.17(f) of this part; (i) Is unpowered; is an airplane pow- and ered by a single, naturally aspirated (ii) The aircraft has no feature or engine with a 61-knot or less V stall so characteristic that makes it unsafe for speed as determined under part 23 of its intended use. this chapter; or is a rotorcraft with a 6- pound per square foot main rotor disc (b) An applicant may include a spe- loading limitation, under sea level cial inspection and preventive mainte- standard day conditions; nance program as part of the aircraft’s (ii) Weighs not more than 2,700 type design or supplemental type de- pounds; or, for seaplanes, not more sign. than 3,375 pounds; (c) For aircraft manufactured outside (iii) Has a maximum seating capacity of the United States in a country with of not more than four persons, includ- which the United States has a bilateral ing the pilot; and airworthiness agreement for the ac- (iv) Has an unpressurized cabin. ceptance of these aircraft, and from (2) The applicant has submitted— which the aircraft is to be imported (i) Except as provided by paragraph into the United States— (c) of this section, a statement, in a (1) The statement required by para- form and manner acceptable to the graph (a)(2)(i) of this section must be FAA, certifying that: the applicant has made by the civil airworthiness au- completed the engineering analysis thority of the exporting country; and necessary to demonstrate compliance (2) The required manuals, placards, with the applicable airworthiness re- listings, instrument markings, and quirements; the applicant has con- documents required by paragraphs (a)

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and (b) of this section must be sub- muter, or transport category that was mitted in English. designed and constructed in the United States, accepted for operational use, [Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as amended by Amdt. 21–75, 62 FR 62808, Nov. 25, and declared surplus by, an Armed 1997; Doc. No. FAA–2015–1621, Amdt. 21–100, 81 Force of the United States, and that is FR 96689, Dec. 30, 2016] shown to comply with the applicable certification requirements in para- § 21.25 Issue of type certificate: Re- graph (f) of this section. stricted category aircraft. (b) An applicant is entitled to a type (a) An applicant is entitled to a type certificate for a surplus aircraft of the certificate for an aircraft in the re- Armed Forces of the United States stricted category for special purpose that is a counterpart of a previously operations if he shows compliance with type certificated civil aircraft, if he the applicable noise requirements of shows compliance with the regulations Part 36 of this chapter, and if he shows governing the original civil aircraft that no feature or characteristic of the type certificate. aircraft makes it unsafe when it is op- (c) Aircraft engines, propellers, and erated under the limitations prescribed their related accessories installed in for its intended use, and that the air- surplus Armed Forces aircraft, for craft— which a type certificate is sought (1) Meets the airworthiness require- under this section, will be approved for ments of an aircraft category except use on those aircraft if the applicant those requirements that the FAA finds shows that on the basis of the previous inappropriate for the special purpose military qualifications, acceptance, for which the aircraft is to be used; or and service record, the product pro- (2) Is of a type that has been manu- vides substantially the same level of factured in accordance with the re- airworthiness as would be provided if quirements of and accepted for use by, the engines or propellers were type cer- an Armed Force of the United States tificated under Part 33 or 35 of this sub- and has been later modified for a spe- chapter. cial purpose. (d) The FAA may relieve an applicant (b) For the purposes of this section, from strict compliance with a specific ‘‘special purpose operations’’ includes— provision of the applicable require- (1) Agricultural (spraying, dusting, ments in paragraph (f) of this section, and seeding, and livestock and preda- if the FAA finds that the method of tory animal control); compliance proposed by the applicant (2) Forest and wildlife conservation; provides substantially the same level (3) Aerial surveying (photography, of airworthiness and that strict com- mapping, and oil and mineral explo- pliance with those regulations would ration); impose a severe burden on the appli- (4) Patrolling (pipelines, power lines, cant. The FAA may use experience and canals); that was satisfactory to an Armed (5) Weather control (cloud seeding); Force of the United States in making (6) Aerial advertising (skywriting, such a determination. banner towing, airborne signs and pub- (e) The FAA may require an appli- lic address systems); and cant to comply with special conditions (7) Any other operation specified by and later requirements than those in the FAA. paragraphs (c) and (f) of this section, if [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as the FAA finds that compliance with amended by Amdt. 21–42, 40 FR 1033, Jan. 6, the listed regulations would not ensure 1975] an adequate level of airworthiness for the aircraft. § 21.27 Issue of type certificate: sur- (f) Except as provided in paragraphs plus aircraft of the Armed Forces. (b) through (e) of this section, an appli- (a) Except as provided in paragraph cant for a type certificate under this (b) of this section an applicant is enti- section must comply with the appro- tled to a type certificate for an aircraft priate regulations listed in the fol- in the normal, utility, acrobatic, com- lowing table:

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Date accepted for operational use Type of aircraft by the Armed Forces Regulations that apply 1 of the United States

Small reciprocating-engine powered airplanes Before May 16, 1956 ...... CAR Part 3, as effective May 15, 1956. After May 15, 1956 ...... CAR Part 3, or 14 CFR Part 23. Small turbine engine-powered airplanes ...... Before Oct. 2, 1959 ...... CAR Part 3, as effective Oct. 1, 1959. After Oct. 1, 1959 ...... CAR Part 3 or 14 CFR Part 23. Commuter category airplanes ...... After (Feb. 17, 1987) ...... FAR Part 23 as of (Feb. 17, 1987).. Large reciprocating-engine powered airplanes Before Aug. 26, 1955 ...... CAR Part 4b, as effective Aug. 25, 1955. After Aug. 25, 1955 ...... CAR Part 4b or 14 CFR Part 25. Large turbine engine-powered airplanes ...... Before Oct. 2, 1959 ...... CAR Part 4b, as effective Oct. 1, 1959. After Oct. 1, 1959 ...... CAR Part 4b or 14 CFR Part 25. Rotorcraft with maximum certificated takeoff weight of: 6,000 pounds or less ...... Before Oct. 2, 1959 ...... CAR Part 6, as effective Oct. 1, 1959. After Oct. 1, 1959 ...... CAR Part 6, or 14 CFR Part 27. Over 6,000 pounds ...... Before Oct. 2, 1959 ...... CAR Part 7, as effective Oct. 1, 1959. After Oct. 1, 1959 ...... CAR Part 7, or 14 CFR Part 29. 1 Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular model was accepted for operational use by the Armed Forces.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–59, 52 FR 1835, Jan. 15, 1987; 52 FR 7262, Mar. 9, 1987; 70 FR 2325, Jan. 13, 2005; Amdt. 21–92, 74 FR 53386, Oct. 16, 2009]

§ 21.29 Issue of type certificate: import (2) The applicant has provided tech- products. nical data to show the product meets (a) The FAA may issue a type certifi- the requirements of paragraph (a)(1) of cate for a product that is manufactured this section; and in a foreign country or jurisdiction (3) The manuals, placards, listings, with which the United States has an and instrument markings required by agreement for the acceptance of these the applicable airworthiness (and products for export and import and noise, where applicable) requirements that is to be imported into the United are presented in the English language. States if— (b) A product type certificated under (1) The applicable State of Design this section is considered to be type certifies that the product has been ex- certificated under the noise standards amined, tested, and found to meet— of part 36 of this subchapter and the (i) The applicable aircraft noise, fuel fuel venting and exhaust emission venting, and exhaust emissions requirements of this subchapter as des- standards of part 34 of this subchapter. ignated in § 21.17, or the applicable air- Compliance with parts 36 and 34 of this craft noise, fuel venting, and exhaust subchapter is certified under paragraph emissions requirements of the State of (a)(1)(i) of this section, and the applica- Design, and any other requirements ble airworthiness standards of this sub- the FAA may prescribe to provide chapter, or an equivalent level of safe- noise, fuel venting, and exhaust emis- ty, with which compliance is certified sion levels no greater than those pro- under paragraph (a)(1)(ii) of this sec- vided by the applicable aircraft noise, tion. fuel venting, and exhaust emission requirements of this subchapter as des- [Amdt. 21–92, 74 FR 53386, Oct. 16, 2009] ignated in § 21.17; and § 21.31 Type design. (ii) The applicable airworthiness requirements of this subchapter as des- The type design consists of— ignated in § 21.17, or the applicable air- (a) The drawings and specifications, worthiness requirements of the State and a listing of those drawings and of Design and any other requirements specifications, necessary to define the the FAA may prescribe to provide a configuration and the design features level of safety equivalent to that pro- of the product shown to comply with vided by the applicable airworthiness the requirements of that part of this requirements of this subchapter as des- subchapter applicable to the product; ignated in § 21.17;

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(b) Information on dimensions, mate- ing, and exhaust emission require- rials, and processes necessary to define ments; the structural strength of the product; (2) That materials and products con- (c) The Airworthiness Limitations form to the specifications in the type section of the Instructions for Contin- design; ued Airworthiness as required by parts (3) That parts of the products con- 23, 25, 26, 27, 29, 31, 33 and 35 of this sub- form to the drawings in the type de- chapter, or as otherwise required by sign; and the FAA; and as specified in the appli- (4) That the manufacturing proc- cable airworthiness criteria for special esses, construction and assembly con- classes of aircraft defined in § 21.17(b); form to those specified in the type de- and sign. (d) For primary category aircraft, if desired, a special inspection and pre- [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as ventive maintenance program designed amended by Amdt. 21–17, 32 FR 14926, Oct. 28, to be accomplished by an appropriately 1967; Amdt. 21–27, 34 FR 18363, Nov. 18, 1969; Amdt. 21–44, 41 FR 55463, Dec. 20, 1976; Amdt. rated and trained pilot-owner. 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–68, (e) Any other data necessary to 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, 74 FR allow, by comparison, the determina- 53386, Oct. 16, 2009] tion of the airworthiness, noise characteristics, fuel venting, and exhaust § 21.35 Flight tests. emissions (where applicable) of later (a) Each applicant for an aircraft products of the same type. type certificate (other than under [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as §§ 21.24 through 21.29) must make the amended by Amdt. 21–27, 34 FR 18363, Nov. 18, tests listed in paragraph (b) of this sec- 1969; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; tion. Before making the tests the appli- Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt. cant must show— 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–70, (1) Compliance with the applicable 57 FR 41368, Sept. 9, 1992; Amdt. 21–90, 72 FR 63404, Nov. 8, 2007] structural requirements of this subchapter; § 21.33 Inspection and tests. (2) Completion of necessary ground (a) Each applicant must allow the inspections and tests; FAA to make any inspection and any (3) That the aircraft conforms with flight and ground test necessary to de- the type design; and termine compliance with the applica- (4) That the FAA received a flight ble requirements of this subchapter. test report from the applicant (signed, However, unless otherwise authorized in the case of aircraft to be certificated by the FAA— under Part 25 [New] of this chapter, by (1) No aircraft, aircraft engine, pro- the applicant’s test pilot) containing peller, or part thereof may be pre- the results of his tests. sented to the FAA for test unless com- (b) Upon showing compliance with pliance with paragraphs (b)(2) through paragraph (a) of this section, the appli- (b)(4) of this section has been shown for cant must make all flight tests that that aircraft, aircraft engine, propeller, the FAA finds necessary— or part thereof; and (1) To determine compliance with the (2) No change may be made to an air- applicable requirements of this sub- craft, aircraft engine, propeller, or part chapter; and thereof between the time that compli- (2) For aircraft to be certificated ance with paragraphs (b)(2) through under this subchapter, except gliders (b)(4) of this section is shown for that and low-speed, certification level 1 or 2 aircraft, aircraft engine, propeller, or airplanes, as defined in part 23 of this part thereof and the time that it is pre- chapter, to determine whether there is sented to the FAA for test. reasonable assurance that the aircraft, (b) Each applicant must make all in- its components, and its equipment are spections and tests necessary to deter- reliable and function properly. mine— (c) Each applicant must, if prac- (1) Compliance with the applicable ticable, make the tests prescribed in airworthiness, aircraft noise, fuel vent- paragraph (b)(2) of this section upon

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the aircraft that was used to show § 21.39 Flight test instrument calibra- compliance with— tion and correction report. (1) Paragraph (b)(1) of this section; (a) Each applicant for a normal, util- and ity, acrobatic, commuter, or transport (2) For rotorcraft, the rotor drive en- category aircraft type certificate must durance tests prescribed in § 27.923 or submit a report to the FAA showing § 29.923 of this chapter, as applicable. the computations and tests required in (d) Each applicant must show for connection with the calibration of in- each flight test (except in a glider or a struments used for test purposes and in manned free balloon) that adequate the correction of test results to stand- provision is made for the flight test ard atmospheric conditions. crew for emergency egress and the use (b) Each applicant must allow the of parachutes. FAA to conduct any flight tests that (e) Except in gliders and manned free he finds necessary to check the accu- balloons, an applicant must dis- racy of the report submitted under continue flight tests under this section paragraph (a) of this section. until he shows that corrective action has been taken, whenever— [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as (1) The applicant’s test pilot is un- amended by Amdt. 21–59, 52 FR 1835, Jan. 15, 1987] able or unwilling to make any of the required flight tests; or § 21.41 Type certificate. (2) Items of noncompliance with re- Each type certificate is considered to quirements are found that may make include the type design, the operating additional test data meaningless or limitations, the certificate data sheet, that would make further testing un- the applicable regulations of this sub- duly hazardous. chapter with which the FAA records (f) The flight tests prescribed in para- compliance, and any other conditions graph (b)(2) of this section must in- or limitations prescribed for the prod- clude— uct in this subchapter. (1) For aircraft incorporating turbine engines of a type not previously used in § 21.43 Location of manufacturing fa- a type certificated aircraft, at least 300 cilities. hours of operation with a full com- Except as provided in § 21.29, the FAA plement of engines that conform to a does not issue a type certificate if the type certificate; and manufacturing facilities for the prod- (2) For all other aircraft, at least 150 uct are located outside of the United hours of operation. States, unless the FAA finds that the [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as location of the manufacturer’s facili- amended by Amdt. 21–40, 39 FR 35459, Oct. 1, ties places no undue burden on the 1974; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; FAA in administering applicable air- Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; Amdt. worthiness requirements. 21–95, 76 FR 64233, Oct. 18, 2011; Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR 96689, § 21.45 Privileges. Dec. 30, 2016] The holder or licensee of a type cer- § 21.37 Flight test pilot. tificate for a product may— Each applicant for a normal, utility, (a) In the case of aircraft, upon com- acrobatic, commuter, or transport cat- pliance with §§ 21.173 through 21.189, ob- egory aircraft type certificate must tain airworthiness certificates; provide a person holding an appro- (b) In the case of aircraft engines or priate pilot certificate to make the propellers, obtain approval for installa- flight tests required by this part. tion on certificated aircraft; (c) In the case of any product, upon [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as compliance with subpart G of this part, amended by Amdt. 21–59, 52 FR 1835, Jan. 15, obtain a production certificate for the 1987] type certificated product;

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(d) Obtain approval of replacement or the National Transportation Safety parts for that product. Board. [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–92, 74 FR 53386, Oct. 16, amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 2009] 1967]

§ 21.47 Transferability. § 21.50 Instructions for continued airworthiness and manufacturer’s (a) A holder of a type certificate may maintenance manuals having air- transfer it or make it available to worthiness limitations sections. other persons by licensing agreements. (a) The holder of a type certificate (b) For a type certificate transfer in for a rotorcraft for which a Rotorcraft which the State of Design will remain Maintenance Manual containing an the same, each transferor must, before ‘‘Airworthiness Limitations’’ section such a transfer, notify the FAA in writ- has been issued under § 27.1529 (a)(2) or ing. This notification must include the § 29.1529 (a)(2) of this chapter, and who applicable type certificate number, the obtains approval of changes to any re- name and address of the transferee, and placement time, inspection interval, or the anticipated date of the transfer. related procedure in that section of the (c) For a type certificate transfer in manual, must make those changes which the State of Design is changing, available upon request to any operator a type certificate may only be trans- of the same type of rotorcraft. ferred to or from a person subject to (b) The holder of a design approval, including either a type certificate or the authority of another State of De- supplemental type certificate for an sign if the United States has an agree- aircraft, aircraft engine, or propeller ment with that State of Design for the for which application was made after acceptance of the affected product for January 28, 1981, must furnish at least export and import. Each transferor one set of complete Instructions for must notify the FAA before such a Continued Airworthiness to the owner transfer in a form and manner accept- of each type aircraft, aircraft engine, able to the FAA. This notification or propeller upon its delivery, or upon must include the applicable type cer- issuance of the first standard air- tificate number; the name, address, and worthiness certificate for the affected country of residence of the transferee; aircraft, whichever occurs later. The and the anticipated date of the trans- Instructions for Continued Airworthi- fer. ness must be prepared in accordance (d) Before executing or terminating a with §§ 23.1529, 25.1529, 25.1729, 27.1529, licensing agreement that makes a type 29.1529, 31.82, 33.4, 35.4, or part 26 of this certificate available to another person, subchapter, or as specified in the appli- the type certificate holder must notify cable airworthiness criteria for special the FAA in writing. This notification classes of aircraft defined in § 21.17(b), must include the type certificate num- as applicable. If the holder of a design ber addressed by the licensing agree- approval chooses to designate parts as ment, the name and address of the li- commercial, it must include in the In- structions for Continued Airworthiness censee, the extent of authority granted a list of commercial parts submitted in the licensee, and the anticipated date accordance with the provisions of para- of the agreement. graph (c) of this section. Thereafter, [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR the holder of a design approval must 53386, Oct. 16, 2009; Doc. No. FAA–2018–0119, make those instructions available to Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] any other person required by this chapter to comply with any of the terms of § 21.49 Availability. those instructions. In addition, The holder of a type certificate must changes to the Instructions for Contin- make the certificate available for ex- ued Airworthiness shall be made avail- amination upon the request of the FAA able to any person required by this chapter to comply with any of those instructions.

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(c) To designate commercial parts, person with a written licensing agree- the holder of a design approval, in a ment acceptable to the FAA. manner acceptable to the FAA, must submit: [Doc. No. FAA–2003–14825, 71 FR 52258, Sept. 1, 2006] (1) A Commercial Parts List; (2) Data for each part on the List showing that: Subpart C—Provisional Type (i) The failure of the commercial Certificates part, as installed in the product, would not degrade the level of safety of the SOURCE: Docket No. 5085, 29 FR 14566, Oct. product; and 24, 1964, unless otherwise noted. (ii) The part is produced only under the commercial part manufacturer’s § 21.71 Applicability. specification and marked only with the This subpart prescribes— commercial part manufacturer’s mark- (a) Procedural requirements for the ings; and issue of provisional type certificates, (3) Any other data necessary for the amendments to provisional type cer- FAA to approve the List. tificates, and provisional amendments to type certificates; and [Amdt. 21–23, 33 FR 14105, Sept. 18, 1968, as amended by Amdt. 21–51, 45 FR 60170, Sept. (b) Rules governing the holders of 11, 1980; Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; those certificates. Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; Amdt. 21–92, 74 FR 53386, Oct. 16, 2009; Doc. No. § 21.73 Eligibility. FAA–2015–1621, Amdt. 21–100, 81 FR 96689, (a) Any manufacturer of aircraft Dec. 30, 2016] manufactured within the United States § 21.51 Duration. who is a United States citizen may apply for Class I or Class II provisional A type certificate is effective until type certificates, for amendments to surrendered, suspended, revoked, or a provisional type certificates held by termination date is otherwise estab- him, and for provisional amendments lished by the FAA. to type certificates held by him. (b) Any manufacturer of aircraft in a § 21.53 Statement of conformity. State of Manufacture subject to the (a) Each applicant must provide, in a provisions of an agreement with the form and manner acceptable to the United States for the acceptance of FAA, a statement that each aircraft those aircraft for export and import engine or propeller presented for type may apply for a Class II provisional certification conforms to its type de- type certificate, for amendments to sign. provisional type certificates held by (b) Each applicant must submit a him, and for provisional amendments statement of conformity to the FAA to type certificates held by him. for each aircraft or part thereof pre- (c) An aircraft engine manufacturer sented to the FAA for tests. This state- who is a United States citizen and who ment of conformity must include a has altered a type certificated aircraft statement that the applicant has com- by installing different type certificated plied with § 21.33(a) (unless otherwise aircraft engines manufactured by him authorized under that paragraph). within the United States may apply for [Amdt. 21–17, 32 FR 14926, Oct. 28, 1967, as a Class I provisional type certificate amended by Amdt. 21–92, 74 FR 53386, Oct. 16, for the aircraft, and for amendments to 2009] Class I provisional type certificates held by him, if the basic aircraft, be- § 21.55 Responsibility of type certifi- fore alteration, was type certificated in cate holders to provide written li- the normal, utility, acrobatic, com- censing agreements. muter, or transport category. A type certificate holder who allows [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as a person to use the type certificate to amended by Amdt. 21–12, 31 FR 13380, Oct. 15, manufacture a new aircraft, aircraft 1966; Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; engine, or propeller must provide that Amdt. 21–92, 74 FR 53387, Oct. 16, 2009]

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§ 21.75 Application. (1) The aircraft has been designed and constructed in accordance with the air- Each applicant for a provisional type worthiness requirements applicable to certificate, for an amendment thereto, the issue of the type or supplemental or for a provisional amendment to a type certificate applied for; type certificate must apply to the FAA (2) The aircraft substantially meets and provide the information required the applicable flight characteristic re- by this subpart. quirements for the type or supple- [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR mental type certificate applied for; and 53387, Oct. 16, 2009; Doc. No. FAA–2018–0119, (3) The aircraft can be operated safe- Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] ly under the appropriate operating limitations specified in paragraph (a) of § 21.77 Duration. this section. (a) Unless sooner surrendered, super- (d) The applicant must submit a re- seded, revoked, or otherwise termi- port showing that the aircraft had been nated, provisional type certificates and flown in all maneuvers necessary to amendments thereto are effective for show compliance with the flight re- the periods specified in this section. quirements for the issue of the type or (b) A Class I provisional type certifi- supplemental type certificate applied cate is effective for 24 months after the for, and to establish that the aircraft date of issue. can be operated safely in accordance (c) A Class II provisional type certifi- with the limitations contained in this cate is effective for twelve months subchapter. after the date of issue. (e) The applicant must establish all (d) An amendment to a Class I or limitations required for the issue of the Class II provisional type certificate is type or supplemental type certificate effective for the duration of the amend- applied for, including limitations on ed certificate. weights, speeds, flight maneuvers, (e) A provisional amendment to a loading, and operation of controls and type certificate is effective for six equipment unless, for each limitation months after its approval or until the not so established, appropriate oper- amendment of the type certificate is ating restrictions are established for approved, whichever is first. the aircraft. (f) The applicant must establish an [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as inspection and maintenance program amended by Amdt. 21–7, 30 FR 14311, Nov. 16, for the continued airworthiness of the 1965] aircraft. (g) The applicant must show that a § 21.79 Transferability. prototype aircraft has been flown for at Provisional type certificates are not least 50 hours under an experimental transferable. certificate issued under §§ 21.191 through 21.195, or under the auspices of § 21.81 Requirements for issue and an Armed Force of the United States. amendment of Class I provisional However, in the case of an amendment type certificates. to a provisional type certificate, the (a) An applicant is entitled to the FAA may reduce the number of re- issue or amendment of a Class I provi- quired flight hours. sional type certificate if he shows com- [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as pliance with this section and the FAA amended by Amdt. 21–66, 54 FR 34329, Aug. 18, finds that there is no feature, char- 1989] acteristic, or condition that would make the aircraft unsafe when oper- § 21.83 Requirements for issue and ated in accordance with the limitations amendment of Class II provisional established in paragraph (e) of this sec- type certificates. tion and in § 91.317 of this chapter. (a) An applicant who manufactures (b) The applicant must apply for the aircraft within the United States is en- issue of a type or supplemental type titled to the issue or amendment of a certificate for the aircraft. Class II provisional type certificate if (c) The applicant must certify that— he shows compliance with this section

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and the FAA finds that there is no fea- certificate and to establish that the ture, characteristic, or condition that aircraft can be operated safely in ac- would make the aircraft unsafe when cordance with the limitations in this operated in accordance with the limi- subchapter. tations in paragraph (h) of this section, (h) The applicant must prepare a pro- and §§ 91.317 and 121.207 of this chapter. visional aircraft flight manual con- (b) An applicant who manufactures taining all limitations required for the aircraft in a country with which the issue of the type certificate applied for, United States has an agreement for the including limitations on weights, acceptance of those aircraft for export speeds, flight maneuvers, loading, and and import is entitled to the issue or operation of controls and equipment amendment of a Class II provisional unless, for each limitation not so es- type certificate if the country in which tablished, appropriate operating re- the aircraft was manufactured certifies strictions are established for the air- that the applicant has shown compli- craft. ance with this section, that the air- (i) The applicant must establish an craft meets the requirements of para- inspection and maintenance program graph (f) of this section and that there for the continued airworthiness of the is no feature, characteristic, or condi- aircraft. tion that would make the aircraft un- (j) The applicant must show that a safe when operated in accordance with prototype aircraft has been flown for at the limitations in paragraph (h) of this least 100 hours. In the case of an section and §§ 91.317 and 121.207 of this amendment to a provisional type cer- chapter. tificate, the FAA may reduce the num- (c) The applicant must apply for a ber of required flight hours. type certificate, in the transport category, for the aircraft. [Amdt. 21–12, 31 FR 13386, Oct. 15, 1966, as (d) The applicant must hold a U.S. amended by Amdt. 21–66, 54 FR 34329, Aug. 18, type certificate for at least one other 1989] aircraft in the same transport category as the subject aircraft. § 21.85 Provisional amendments to type certificates. (e) The FAA’s official flight test program or the flight test program con- (a) An applicant who manufactures ducted by the authorities of the coun- aircraft within the United States is entry in which the aircraft was manufac- titled to a provisional amendment to a tured, with respect to the issue of a type certificate if he shows compliance type certificate for that aircraft, must with this section and the FAA finds be in progress. that there is no feature, characteristic, (f) The applicant or, in the case of a or condition that would make the air- foreign manufactured aircraft, the craft unsafe when operated under the country in which the aircraft was man- appropriate limitations contained in ufactured, must certify that— this subchapter. (1) The aircraft has been designed and (b) An applicant who manufactures constructed in accordance with the air- aircraft in a foreign country with worthiness requirements applicable to which the United States has an agree- the issue of the type certificate applied ment for the acceptance of those air- for; craft for export and import is entitled (2) The aircraft substantially com- to a provisional amendment to a type plies with the applicable flight char- certificate if the country in which the acteristic requirements for the type aircraft was manufactured certifies certificate applied for; and that the applicant has shown compli- (3) The aircraft can be operated safe- ance with this section, that the air- ly under the appropriate operating lim- craft meets the requirements of para- itations in this subchapter. graph (e) of this section and that there (g) The applicant must submit a re- is no feature, characteristic, or condi- port showing that the aircraft has been tion that would make the aircraft un- flown in all maneuvers necessary to safe when operated under the appro- show compliance with the flight re- priate limitations contained in this quirements for the issue of the type subchapter.

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(c) The applicant must apply for an the type certificate for the number of amendment to the type certificate. hours found necessary by the FAA. (d) The FAA’s official flight test pro- [Amdt. 21–12, 31 FR 13388, Oct. 15, 1966, as gram or the flight test program con- amended by Amdt. 21–66, 54 FR 34329, Aug. 18, ducted by the authorities of the coun- 1989] try in which the aircraft was manufactured, with respect to the amendment Subpart D—Changes to Type of the type certificate, must be in Certificates progress. (e) The applicant or, in the case of SOURCE: Docket No. 5085, 29 FR 14567, Oct. foreign manufactured aircraft, the 24, 1964, unless otherwise noted. country in which the aircraft was manufactured, must certify that— § 21.91 Applicability. (1) The modification involved in the This subpart prescribes procedural amendment to the type certificate has requirements for the approval of been designed and constructed in ac- changes to type certificates. cordance with the airworthiness requirements applicable to the issue of § 21.93 Classification of changes in the type certificate for the aircraft; type design. (2) The aircraft substantially com- (a) In addition to changes in type de- plies with the applicable flight char- sign specified in paragraph (b) of this acteristic requirements for the type section, changes in type design are certificate; and classified as minor and major. A (3) The aircraft can be operated safe- ‘‘minor change’’ is one that has no ap- ly under the appropriate operating lim- preciable effect on the weight, balance, itations in this subchapter. structural strength, reliability, operational characteristics, or other char- (f) The applicant must submit a re- acteristics affecting the airworthiness port showing that the aircraft incor- of the product. All other changes are porating the modifications involved ‘‘major changes’’ (except as provided in has been flown in all maneuvers nec- paragraph (b) of this section). essary to show compliance with the (b) For the purpose of complying flight requirements applicable to those with Part 36 of this chapter, and except modifications and to establish that the as provided in paragraphs (b)(2), (b)(3), aircraft can be operated safely in ac- and (b)(4) of this section, any voluntary cordance with the limitations specified change in the type design of an aircraft in §§ 91.317 and 121.207 of this chapter. that may increase the noise levels of (g) The applicant must establish and that aircraft is an ‘‘acoustical change’’ publish, in a provisional aircraft flight (in addition to being a minor or major manual or other document and on ap- change as classified in paragraph (a) of propriate placards, all limitations re- this section) for the following aircraft: quired for the issue of the type certifi- (1) Transport category large air- cate applied for, including weight, planes. speed, flight maneuvers, loading, and (2) Jet (Turbojet powered) airplanes operation of controls and equipment, (regardless of category). For airplanes unless, for each limitation not so es- to which this paragraph applies, tablished, appropriate operating re- ‘‘acoustical changes’’ do not include strictions are established for the air- changes in type design that are limited craft. to one of the following— (i) Gear down flight with one or more (h) The applicant must establish an retractable landing gear down during inspection and maintenance program the entire flight, or for the continued airworthiness of the (ii) Spare engine and nacelle carriage aircraft. external to the skin of the airplane (i) The applicant must operate a pro- (and return of the pylon or other exter- totype aircraft modified in accordance nal mount), or with the corresponding amendment to (iii) Time-limited engine and/or nacelle changes, where the change in type

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design specifies that the airplane may with external equipment mounted to, not be operated for a period of more or external loads carried by, the heli- than 90 days unless compliance with copter; the applicable acoustical change provi- (C) Reconfiguration of the helicopter sions of Part 36 of this chapter is shown by the addition or removal of floats for that change in type design. and skis; (3) Propeller driven commuter cat- (D) Flight with one or more doors egory and small airplanes in the pri- and/or windows removed or in an open mary, normal, utility, acrobatic, trans- position; or port, and restricted categories, except (E) Any changes in the operational for airplanes that are: limitations placed on the helicopter as (i) Designated for ‘‘agricultural air- a consequence of the addition or re- craft operations’’ (as defined in § 137.3 moval of external equipment, floats, of this chapter, effective January 1, and skis, or flight operations with 1966) to which § 36.1583 of this chapter doors and/or windows removed or in an does not apply, or open position. (ii) Designated for dispensing fire (5) Tiltrotors. fighting materials to which § 36.1583 of (c) For purposes of complying with this chapter does not apply, or part 34 of this chapter, any voluntary (iii) U.S. registered, and that had change in the type design of the air- flight time prior to January 1, 1955 or plane or engine which may increase (iv) Land configured aircraft recon- fuel venting or exhaust emissions is an figured with floats or skis. This recon- ‘‘emissions change.’’ figuration does not permit further ex- [Amdt. 21–27, 34 FR 18363, Nov. 18, 1969] ception from the requirements of this section upon any acoustical change not EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 21.93, see the List of CFR enumerated in § 21.93(b). Sections Affected, which appears in the (4) Helicopters except: Finding Aids section of the printed volume (i) Those helicopters that are des- and at www.govinfo.gov. ignated exclusively: (A) For ‘‘agricultural aircraft oper- § 21.95 Approval of minor changes in ations’’, as defined in § 137.3 of this type design. chapter, as effective on January 1, 1966; Minor changes in a type design may (B) For dispensing fire fighting mate- be approved under a method acceptable rials; or to the FAA before submitting to the (C) For carrying external loads, as FAA any substantiating or descriptive defined in § 133.1(b) of this chapter, as data. effective on December 20, 1976. (ii) Those helicopters modified by in- § 21.97 Approval of major changes in stallation or removal of external equip- type design. ment. For purposes of this paragraph, (a) An applicant for approval of a ‘‘external equipment’’ means any in- major change in type design must— strument, mechanism, part, apparatus, (1) Provide substantiating data and appurtenance, or accessory that is at- necessary descriptive data for inclu- tached to, or extends from, the heli- sion in the type design; copter exterior but is not used nor is (2) Show that the change and areas intended to be used in operating or affected by the change comply with the controlling a helicopter in flight and is applicable requirements of this sub- not part of an airframe or engine. An chapter, and provide the FAA the ‘‘acoustical change’’ does not include: means by which such compliance has (A) Addition or removal of external been shown; and equipment; (3) Provide a statement certifying (B) Changes in the airframe made to that the applicant has complied with accommodate the addition or removal the applicable requirements. of external equipment, to provide for (b) Approval of a major change in the an external load attaching means, to type design of an aircraft engine is lim- facilitate the use of external equip- ited to the specific engine configura- ment or external loads, or to facilitate tion upon which the change is made the safe operation of the helicopter unless the applicant identifies in the

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necessary descriptive data for inclu- tion required by paragraph (a) of this sion in the type design the other con- section, and of any other regulation figurations of the same engine type for the FAA finds is directly related. How- which approval is requested and shows ever, the earlier amended regulation that the change is compatible with the may not precede either the cor- other configurations. responding regulation included by ref- [Amdt. 21–40, 39 FR 35459, Oct. 1, 1974, as erence in the type certificate, or any amended by Amdt. 21–92, 74 FR 53387, Oct. 16, regulation in §§ 25.2, 27.2, or 29.2 of this 2009; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012] chapter that is related to the change. The applicant may show compliance § 21.99 Required design changes. with an earlier amendment of a regula- (a) When an Airworthiness Directive tion for any of the following: is issued under Part 39 the holder of (1) A change that the FAA finds not the type certificate for the product to be significant. In determining concerned must— whether a specific change is signifi- (1) If the FAA finds that design cant, the FAA considers the change in changes are necessary to correct the context with all previous relevant de- unsafe condition of the product, and sign changes and all related revisions upon his request, submit appropriate design changes for approval; and to the applicable regulations incor- (2) Upon approval of the design porated in the type certificate for the changes, make available the descrip- product. Changes that meet one of the tive data covering the changes to all following criteria are automatically operators of products previously cer- considered significant: tificated under the type certificate. (i) The general configuration or the (b) In a case where there are no cur- principles of construction are not re- rent unsafe conditions, but the FAA or tained. the holder of the type certificate finds (ii) The assumptions used for certifi- through service experience that cation of the product to be changed do changes in type design will contribute not remain valid. to the safety of the product, the holder (2) Each area, system, component, of the type certificate may submit ap- equipment, or appliance that the FAA propriate design changes for approval. finds is not affected by the change. Upon approval of the changes, the man- (3) Each area, system, component, ufacturer must make information on equipment, or appliance that is af- the design changes available to all op- fected by the change, for which the erators of the same type of product. FAA finds that compliance with a reg- [Doc. No. 5085, 29 FR 14567, Oct. 24, 1964, as ulation described in paragraph (a) of amended by Amdt. 21–3, 30 FR 8826, July 24, this section would not contribute ma- 1965] terially to the level of safety of the § 21.101 Designation of applicable reg- product or would be impractical. ulations. (c) An applicant for a change to an (a) An applicant for a change to a aircraft (other than a rotorcraft) of type certificate must show that the 6,000 pounds or less maximum weight, change and areas affected by the to a non-turbine rotorcraft of 3,000 change comply with the airworthiness pounds or less maximum weight, to a requirements applicable to the cat- level 1 low-speed airplane, or to a level egory of the product in effect on the 2 low-speed airplane may show that the date of the application for the change change and areas affected by the and with parts 34 and 36 of this chapter. change comply with the regulations in- Exceptions are detailed in paragraphs cluded in the type certificate. However, (b) and (c) of this section. if the FAA finds that the change is sig- (b) Except as provided in paragraph nificant in an area, the FAA may des- (g) of this section, if paragraphs (b)(1), ignate compliance with an amendment (2), or (3) of this section apply, an ap- to the regulation incorporated by ref- plicant may show that the change and erence in the type certificate that ap- areas affected by the change comply plies to the change and any regulation with an earlier amendment of a regula- that the FAA finds is directly related,

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unless the FAA also finds that compli- ment to part 25 of this chapter that ance with that amendment or regula- was issued on or after the date of the tion would not contribute materially applicable part 26 provision. to the level of safety of the product or [Doc. No. 28903, 65 FR 36266, June 7, 2000, as would be impractical. amended by Amdt. 21–90, 72 FR 63404, Nov. 8, (d) If the FAA finds that the regula- 2007; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012; tions in effect on the date of the appli- Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR cation for the change do not provide 96689, Dec. 30, 2016] adequate standards with respect to the proposed change because of a novel or Subpart E—Supplemental Type unusual design feature, the applicant Certificates must also comply with special conditions, and amendments to those special conditions, prescribed under the provi- SOURCE: Docket No. 5085, 29 FR 14568, Oct. 24, 1964, unless otherwise noted. sions of § 21.16, to provide a level of safety equal to that established by the § 21.111 Applicability. regulations in effect on the date of the application for the change. This subpart prescribes procedural (e) An application for a change to a requirements for the issue of supple- type certificate for a transport cat- mental type certificates. egory aircraft is effective for 5 years, § 21.113 Requirement for supplemental and an application for a change to any type certificate. other type certificate is effective for 3 years. If the change has not been ap- (a) If a person holds the TC for a proved, or if it is clear that it will not product and alters that product by in- be approved under the time limit es- troducing a major change in type de- tablished under this paragraph, the ap- sign that does not require an applica- plicant may do either of the following: tion for a new TC under § 21.19, that (1) File a new application for a person must apply to the FAA either change to the type certificate and com- for an STC, or to amend the original ply with all the provisions of paragraph type certificate under subpart D of this (a) of this section applicable to an part. original application for a change. (b) If a person does not hold the TC (2) File for an extension of the origi- for a product and alters that product nal application and comply with the by introducing a major change in type provisions of paragraph (a) of this sec- design that does not require an application. The applicant must then select a tion for a new TC under § 21.19, that new application date. The new applica- person must apply to the FAA for an tion date may not precede the date the STC. change is approved by more than the (c) The application for an STC must time period established under this be made in the form and manner pre- paragraph (e). scribed by the FAA. (f) For aircraft certificated under [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR §§ 21.17(b), 21.24, 21.25, and 21.27 the air- 53387, Oct. 16, 2009; Doc. No. FAA–2018–0119, worthiness requirements applicable to Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] the category of the product in effect on the date of the application for the § 21.115 Applicable requirements. change include each airworthiness re- (a) Each applicant for a supplemental quirement that the FAA finds to be ap- type certificate must show that the al- propriate for the type certification of tered product meets applicable require- the aircraft in accordance with those ments specified in § 21.101 and, in the sections. case of an acoustical change described (g) Notwithstanding paragraph (b) of in § 21.93(b), show compliance with the this section, for transport category air- applicable noise requirements of part planes, the applicant must show com- 36 of this chapter and, in the case of an pliance with each applicable provision emissions change described in § 21.93(c), of part 26 of this chapter, unless the ap- show compliance with the applicable plicant has elected or was required to fuel venting and exhaust emissions re- comply with a corresponding amend- quirements of part 34 of this chapter.

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(b) Each applicant for a supplemental Subpart F—Production Under Type type certificate must meet §§ 21.33 and Certificate 21.53 with respect to each change in the type design. SOURCE: Docket No. 5085, 29 FR 14568, Oct. [Amdt. 21–17, 32 FR 14927, Oct. 28, 1967, as 24, 1964, unless otherwise noted. amended by Amdt. 21–42, 40 FR 1033, Jan. 6, 1975; Amdt. 21–52A, 45 FR 79009, Nov. 28, 1980; § 21.121 Applicability. Amdt. 21–61, 53 FR 3540, Feb. 5, 1988; Amdt. 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–71, This subpart prescribes rules for pro- 57 FR 42854, Sept. 16, 1992; Amdt. 21–77, 65 FR duction under a type certificate. 36266, June 7, 2000] § 21.122 Location of or change to man- § 21.117 Issue of supplemental type ufacturing facilities. certificates. (a) A type certificate holder may uti- (a) An applicant is entitled to a sup- lize manufacturing facilities located plemental type certificate if the FAA outside of the United States if the FAA finds that the applicant meets the re- finds no undue burden in administering quirements of §§ 21.113 and 21.115. the applicable requirements of Title 49 (b) A supplemental type certificate U.S.C. and this subchapter. consists of— (b) The type certificate holder must (1) The approval by the FAA of a obtain FAA approval before making change in the type design of the prod- any changes to the location of any of uct; and its manufacturing facilities. (2) The type certificate previously issued for the product. (c) The type certificate holder must immediately notify the FAA, in writ- [Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as ing, of any change to the manufac- amended by Amdt. 21–92, 74 FR 53387, Oct. 16, turing facilities that may affect the in- 2009] spection, conformity, or airworthiness § 21.119 Privileges. of its product or article. The holder of a supplemental type [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR certificate may— 53387, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095, (a) In the case of aircraft, obtain air- Mar. 1, 2010] worthiness certificates; § 21.123 Production under type certifi- (b) In the case of other products, ob- cate. tain approval for installation on certificated aircraft; and Each manufacturer of a product (c) Obtain a production certificate in being manufactured under a type cer- accordance with the requirements of tificate must— subpart G of this part for the change in (a) Maintain at the place of manufac- the type design approved by the supple- ture all information and data specified mental type certificate. in §§ 21.31 and 21.41; (b) Make each product and article [Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as amended by Amdt. 21–92, 74 FR 53387, Oct. 16, thereof available for inspection by the 2009] FAA; (c) Maintain records of the comple- § 21.120 Responsibility of supple- tion of all inspections and tests re- mental type certificate holders to quired by §§ 21.127, 21.128, and 21.129 for provide written permission for al- at least 5 years for the products and ar- terations. ticles thereof manufactured under the A supplemental type certificate hold- approval and at least 10 years for crit- er who allows a person to use the sup- ical components identified under plemental type certificate to alter an § 45.15(c) of this chapter; aircraft, aircraft engine, or propeller (d) Allow the FAA to make any in- must provide that person with written spection or test, including any inspec- permission acceptable to the FAA. tion or test at a supplier facility, nec- [Doc. No. FAA–2003–14825, 71 FR 52258, Sept. essary to determine compliance with 1, 2006] this subchapter;

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(e) Mark the product in accordance must establish a sampling technique) with part 45 of this chapter, including to an acceptable test run that includes any critical parts; the following: (f) Identify any portion of that prod- (1) Break-in runs that include a de- uct (e.g., sub-assemblies, component termination of fuel and oil consump- parts, or replacement articles) that tion and a determination of power leave the manufacturer’s facility as characteristics at rated maximum con- FAA approved with the manufacturer’s tinuous power or thrust and, if applica- part number and name, trademark, ble, at rated takeoff power or thrust. symbol, or other FAA-approved manu- (2) At least five hours of operation at facturer’s identification; and rated maximum continuous power or (g) Except as otherwise authorized by thrust. For engines having a rated the FAA, obtain a production certifi- takeoff power or thrust higher than cate for that product in accordance rated maximum continuous power or with subpart G of this part within 6 thrust, the five-hour run must include months after the date of issuance of 30 minutes at rated takeoff power or the type certificate. thrust. [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR (b) The test runs required by para- 53387, Oct. 16, 2009] graph (a) of this section may be made with the engine appropriately mounted § 21.125 [Reserved] and using current types of power and thrust measuring equipment. § 21.127 Tests: aircraft. (a) Each person manufacturing air- [Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as amended by Amdt. 21–5, 32 FR 3735, Mar. 4, craft under a type certificate must es- 1967] tablish an approved production flight test procedure and flight check-off § 21.129 Tests: propellers. form, and in accordance with that form, flight test each aircraft pro- Each person manufacturing propel- duced. lers under a type certificate must give (b) Each production flight test proce- each variable pitch propeller an accept- dure must include the following: able functional test to determine if it (1) An operational check of the trim, operates properly throughout the nor- controllability, or other flight charac- mal range of operation. teristics to establish that the produc- § 21.130 Statement of conformity. tion aircraft has the same range and degree of control as the prototype air- Each holder or licensee of a type cer- craft. tificate who manufactures a product (2) An operational check of each part under this subpart must provide, in a or system operated by the crew while form and manner acceptable to the in flight to establish that, during FAA, a statement that the product for flight, instrument readings are within which the type certificate has been normal range. issued conforms to its type certificate (3) A determination that all instru- and is in a condition for safe operation. ments are properly marked, and that [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR all placards and required flight manu- 53387, Oct. 16, 2009] als are installed after flight test. (4) A check of the operational characteristics of the aircraft on the ground. Subpart G—Production (5) A check on any other items pecu- Certificates liar to the aircraft being tested that can best be done during the ground or SOURCE: Docket No. FAA–2006–25877, Amdt. flight operation of the aircraft. 21–92, 74 FR 53387, Oct. 16, 2009, unless otherwise noted. § 21.128 Tests: aircraft engines. (a) Each person manufacturing air- § 21.131 Applicability. craft engines under a type certificate This subpart prescribes— must subject each engine (except rock- (a) Procedural requirements for et engines for which the manufacturer issuing production certificates; and

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(b) Rules governing holders of those and is in a condition for safe operation. certificates. This quality system must include: (a) Design data control. Procedures for § 21.132 Eligibility. controlling design data and subsequent Any person may apply for a produc- changes to ensure that only current, tion certificate if that person holds, for correct, and approved data is used. the product concerned— (b) Document control. Procedures for (a) A current type certificate, controlling quality system documents (b) A supplemental type certificate, and data and subsequent changes to en- or sure that only current, correct, and ap- (c) Rights to the benefits of that type proved documents and data are used. certificate or supplemental type cer- (c) Supplier control. Procedures that— tificate under a licensing agreement. (1) Ensure that each supplier-provided product, article, or service con- § 21.133 Application. forms to the production approval hold- Each applicant must apply for a pro- er’s requirements; and duction certificate in a form and man- (2) Establish a supplier-reporting ner prescribed by the FAA. process for products, articles, or services that have been released from or § 21.135 Organization. provided by the supplier and subse- (a) Each applicant for or holder of a quently found not to conform to the production certificate must provide the production approval holder’s require- FAA with a document— ments. (1) Describing how its organization (d) Manufacturing process control. Pro- will ensure compliance with the provi- cedures for controlling manufacturing sions of this subpart; processes to ensure that each product (2) Describing assigned responsibil- and article conforms to its approved ities, delegated authorities, and the design. functional relationship of those respon- (e) Inspecting and testing. Procedures sible for quality to management and for inspections and tests used to ensure other organizational components; and that each product and article conforms (3) Identifying an accountable man- to its approved design. These proce- ager. dures must include the following, as (b) The accountable manager speci- applicable: fied in paragraph (a) of this section (1) A flight test of each aircraft pro- must be responsible within the appli- duced unless that aircraft will be ex- cant’s or production approval holder’s ported as an unassembled aircraft. organization for, and have authority (2) A functional test of each aircraft over, all production operations con- engine and each propeller produced. ducted under this part. The account- (f) Inspection, measuring, and test able manager must confirm that the equipment control. Procedures to ensure procedures described in the quality calibration and control of all inspec- manual required by § 21.138 are in place tion, measuring, and test equipment and that the production approval hold- used in determining conformity of each er satisfies the requirements of the ap- product and article to its approved de- plicable regulations of subchapter C, sign. Each calibration standard must Aircraft. The accountable manager be traceable to a standard acceptable must serve as the primary contact with to the FAA. the FAA. (g) Inspection and test status. Proce- [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR dures for documenting the inspection 59031, Oct. 1, 2015] and test status of products and articles supplied or manufactured to the ap- § 21.137 Quality system. proved design. Each applicant for or holder of a pro- (h) Nonconforming product and article duction certificate must establish and control. (1) Procedures to ensure that describe in writing a quality system only products or articles that conform that ensures that each product and ar- to their approved design are installed ticle conforms to its approved design on a type-certificated product. These

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procedures must provide for the identi- gines, propellers, and articles if the fication, documentation, evaluation, production approval holder intends to segregation, and disposition of noncon- issue those documents. These proce- forming products and articles. Only au- dures must provide for the selection, thorized individuals may make disposi- appointment, training, management, tion determinations. and removal of individuals authorized (2) Procedures to ensure that dis- by the production approval holder to carded articles are rendered unusable. issue authorized release documents. (i) Corrective and preventive actions. Authorized release documents may be Procedures for implementing correc- issued for new aircraft engines, propel- tive and preventive actions to elimi- lers, and articles manufactured by the nate the causes of an actual or poten- production approval holder; and for tial nonconformity to the approved de- used aircraft engines, propellers, and sign or noncompliance with the ap- articles when rebuilt, or altered, in ac- proved quality system. cordance with § 43.3(j) of this chapter. (j) Handling and storage. Procedures When a production approval holder to prevent damage and deterioration of issues an authorized release document each product and article during han- for the purpose of export, the produc- dling, storage, preservation, and pack- tion approval holder must comply with aging. the procedures applicable to the export (k) Control of quality records. Proce- of new and used aircraft engines, pro- dures for identifying, storing, propellers, and articles specified in § 21.331 tecting, retrieving, and retaining qual- and the responsibilities of exporters ity records. A production approval specified in § 21.335. holder must retain these records for at least 5 years for the products and arti- [Docket No. FAA–2006–25877, Amdt. 21–92, 74 cles manufactured under the approval FR 53387, Oct. 16, 2009, as amended by Doc. and at least 10 years for critical compo- No. FAA–2013–0933, Amdt. 21–98, 80 FR 59031, Oct. 1, 2015; Amdt. 21–98A, 80 FR 59031, Dec. nents identified under § 45.15(c) of this 17, 2015] chapter. (l) Internal audits. Procedures for § 21.138 Quality manual. planning, conducting, and documenting internal audits to ensure compliance Each applicant for or holder of a pro- with the approved quality system. The duction certificate must provide a procedures must include reporting re- manual describing its quality system sults of internal audits to the manager to the FAA for approval. The manual responsible for implementing correc- must be in the English language and tive and preventive actions. retrievable in a form acceptable to the (m) In-service feedback. Procedures for FAA. receiving and processing feedback on in-service failures, malfunctions, and § 21.139 Location of or change to manufacturing facilities. defects. These procedures must include a process for assisting the design ap- (a) An applicant may obtain a pro- proval holder to— duction certificate for manufacturing (1) Address any in-service problem in- facilities located outside of the United volving design changes; and States if the FAA finds no undue bur- (2) Determine if any changes to the den in administering the applicable re- Instructions for Continued Airworthi- quirements of Title 49 U.S.C. and this ness are necessary. subchapter. (n) Quality escapes. Procedures for (b) The production certificate holder identifying, analyzing, and initiating must obtain FAA approval before mak- appropriate corrective action for prod- ing any changes to the location of any ucts or articles that have been released of its manufacturing facilities. from the quality system and that do (c) The production certificate holder not conform to the applicable design must immediately notify the FAA, in data or quality system requirements. writing, of any change to the manufac- (o) Issuing authorized release docu- turing facilities that may affect the in- ments. Procedures for issuing author- spection, conformity, or airworthiness ized release documents for aircraft en- of its product or article.

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§ 21.140 Inspections and tests. ity, or acrobatic category aircraft of a Each applicant for or holder of a pro- type design that is eligible for a special duction certificate must allow the FAA airworthiness certificate in the pri- to inspect its quality system, facilities, mary category under § 21.184(c), may— technical data, and any manufactured (1) Conduct training for persons in products or articles and witness any the performance of a special inspection tests, including any inspections or and preventive maintenance program tests at a supplier facility, necessary approved as a part of the aircraft’s to determine compliance with this sub- type design under § 21.24(b), provided a chapter. person holding a mechanic certificate with appropriate airframe and power- § 21.141 Issuance. plant ratings issued under part 65 of The FAA issues a production certifi- this chapter gives the training; and cate after finding that the applicant (2) Issue a certificate of competency complies with the requirements of this to persons successfully completing the subpart. approved training program, provided the certificate specifies the aircraft § 21.142 Production limitation record. make and model to which the certifi- The FAA issues a production limita- cate applies. tion record as part of a production certificate. The record lists the type cer- § 21.146 Responsibility of holder. tificate number and model of every The holder of a production certificate product that the production certificate must— holder is authorized to manufacture, (a) Amend the document required by and identifies every interface compo- § 21.135 as necessary to reflect changes nent that the production certificate in the organization and provide these holder is authorized to manufacture amendments to the FAA. and install under this part. (b) Maintain the quality system in [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR compliance with the data and proce- 59031, Oct. 1, 2015, as amended by Amdt. 21– dures approved for the production cer- 98A, 80 FR 59031, Dec. 17, 2015] tificate; § 21.143 Duration. (c) Ensure that each completed product or article for which a production A production certificate is effective certificate has been issued, including until surrendered, suspended, revoked, primary category aircraft assembled or the FAA otherwise establishes a ter- under a production certificate by an- mination date. other person from a kit provided by the § 21.144 Transferability. holder of the production certificate, presented for airworthiness certifi- The holder of a production certificate cation or approval conforms to its ap- may not transfer the production cer- proved design and is in a condition for tificate. safe operation; § 21.145 Privileges. (d) Mark the product or article for which a certificate or approval has (a) The holder of a production certificate may— been issued. Marking must be in ac- (1) Obtain an aircraft airworthiness cordance with part 45 of this chapter, certificate without further showing, including any critical parts; except that the FAA may inspect the (e) Identify any portion of the prod- aircraft for conformity with the type uct or article (e.g., sub-assemblies, design; or component parts, or replacement arti- (2) In the case of other products, ob- cles) that leave the manufacturer’s fa- tain approval from the FAA for instal- cility as FAA approved with the manu- lation on type-certificated aircraft. facturer’s part number and name, (b) Notwithstanding the provisions of trademark, symbol, or other FAA ap- § 147.3 of this chapter, the holder of a proved manufacturer’s identification; production certificate for a primary (f) Have access to type design data category aircraft, or for a normal, util- necessary to determine conformity and

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airworthiness for each product and ar- Subpart H—Airworthiness ticle produced under the production Certificates certificate; (g) Retain its production certificate SOURCE: Docket No. 5085, 29 FR 14569, Oct. and make it available to the FAA upon 24, 1964, unless otherwise noted. request; and (h) Make available to the FAA infor- § 21.171 Applicability. mation regarding all delegation of au- This subpart prescribes procedural thority to suppliers. requirements for the issue of airworthiness certificates. § 21.147 Amendment of production certificates. § 21.173 Eligibility. (a) A holder of a production certifi- Any registered owner of a U.S.-reg- cate must apply for an amendment to a istered aircraft (or the agent of the production certificate in a form and owner) may apply for an airworthiness manner prescribed by the FAA. certificate for that aircraft. An appli- (b) An applicant for an amendment to cation for an airworthiness certificate a production certificate to add a type must be made in a form and manner ac- certificate or model, or both, must ceptable to the FAA, and may be sub- comply with §§ 21.137, 21.138, and 21.150. mitted to any FAA office. (c) An applicant may apply to amend its production limitation record to [Amdt. 21–26, 34 FR 15244, Sept. 30, 1969] allow the manufacture and installation § 21.175 Airworthiness certificates: of an interface component, provided— classification. (1) The applicant owns or has a li- cense to use the design and installation (a) Standard airworthiness certificates are airworthiness certificates data for the interface component and issued for aircraft type certificated in makes that data available to the FAA the normal, utility, acrobatic, com- upon request; muter, or transport category, and for (2) The applicant manufactures the manned free balloons, and for aircraft interface component; designated by the FAA as special class- (3) The applicant’s product conforms es of aircraft. to its approved type design and the (b) Special airworthiness certificates interface component conforms to its are primary, restricted, limited, light- approved type design; sport, and provisional airworthiness (4) The assembled product with the certificates, special flight permits, and installed interface component is in a experimental certificates. condition for safe operation; and (5) The applicant complies with any [Amdt. 21–21, 33 FR 6858, May 7, 1968, as other conditions and limitations the amended by Amdt. 21–60, 52 FR 8043, Mar. 13, 1987; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; FAA considers necessary. Amdt. 21–85, 69 FR 44861, July 27, 2004] [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR 59031, Oct. 1, 2015, as amended by Amdt. 21– § 21.177 Amendment or modification. 98A, 80 FR 59031, Dec. 17, 2015] An airworthiness certificate may be amended or modified only upon appli- § 21.150 Changes in quality system. cation to the FAA. After the issuance of a production certificate— § 21.179 Transferability. (a) Each change to the quality sys- An airworthiness certificate is trans- tem is subject to review by the FAA; ferred with the aircraft. and (b) The holder of a production certifi- § 21.181 Duration. cate must immediately notify the (a) Unless sooner surrendered, sus- FAA, in writing, of any change that pended, revoked, or a termination date may affect the inspection, conformity, is otherwise established by the FAA, or airworthiness of its product or arti- airworthiness certificates are effective cle. as follows:

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(1) Standard airworthiness certifi- § 21.182 Aircraft identification. cates, special airworthiness certifi- (a) Except as provided in paragraph cates—primary category, and air- (b) of this section, each applicant for worthiness certificates issued for re- an airworthiness certificate under this stricted or limited category aircraft subpart must show that his aircraft is are effective as long as the mainte- identified as prescribed in § 45.11. nance, preventive maintenance, and al- (b) Paragraph (a) of this section does terations are performed in accordance not apply to applicants for the fol- with Parts 43 and 91 of this chapter and lowing: the aircraft are registered in the (1) A special flight permit. United States. (2) An experimental certificate for an (2) A special flight permit is effective aircraft not issued for the purpose of for the period of time specified in the operating amateur-built aircraft, oper- permit. ating primary kit-built aircraft, or op- (3) A special airworthiness certificate erating light-sport aircraft. in the light-sport category is effective (3) A change from one airworthiness as long as— classification to another, for an air- (i) The aircraft meets the definition craft already identified as prescribed in of a light-sport aircraft; § 45.11. (ii) The aircraft conforms to its original configuration, except for those al- [Amdt. 21–13, 32 FR 188, Jan. 10, 1967, as terations performed in accordance with amended by Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; Amdt. 21–70, 57 FR 41368, Sept. 9, an applicable consensus standard and 1992; Amdt. 21–85, 69 FR 44862, July 27, 2004] authorized by the aircraft’s manufacturer or a person acceptable to the § 21.183 Issue of standard airworthi- FAA; ness certificates for normal, utility, (iii) The aircraft has no unsafe condi- acrobatic, commuter, and transport tion and is not likely to develop an un- category aircraft; manned free bal- safe condition; and loons; and special classes of aircraft. (iv) The aircraft is registered in the United States. (a) New aircraft manufactured under a (4) An experimental certificate for reproduction certificate. An applicant for a search and development, showing com- standard airworthiness certificate for a pliance with regulations, crew train- new aircraft manufactured under a production certificate is entitled to a ing, or market surveys is effective for 1 standard airworthiness certificate year after the date of issue or renewal without further showing, except that unless the FAA prescribes a shorter pe- the FAA may inspect the aircraft to riod. The duration of an experimental determine conformity to the type de- certificate issued for operating ama- sign and condition for safe operation. teur-built aircraft, exhibition, air-rac- (b) New aircraft manufactured under ing, operating primary kit-built air- type certificate. An applicant for a craft, or operating light-sport aircraft standard airworthiness certificate for a is unlimited, unless the FAA estab- new aircraft manufactured under a lishes a specific period for good cause. type certificate is entitled to a stand- (b) The owner, operator, or bailee of ard airworthiness certificate upon pres- the aircraft must, upon request, make entation, by the holder or licensee of it available for inspection by the FAA. the type certificate, of the statement (c) Upon suspension, revocation, or of conformity prescribed in § 21.130 if termination by order of the FAA of an the FAA finds after inspection that the airworthiness certificate, the owner, aircraft conforms to the type design operator, or bailee of an aircraft must, and is in condition for safe operation. upon request, surrender the certificate (c) Import aircraft. An applicant for a to the FAA. standard airworthiness certificate for [Amdt. 21–21, 33 FR 6858, May 7, 1968, as an import aircraft is entitled to that amended by Amdt. 21–49, 44 FR 46781, Aug. 9, certificate if— 1979; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; (1) The aircraft is type certificated in Amdt. 21–85, 69 FR 44861, July 27, 2004] accordance with § 21.21 or § 21.29 and

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produced under the authority of an- § 36.1(d), no standard airworthiness cer- other State of Manufacture; tificate is originally issued under this (2) The State of Manufacture cer- section unless the FAA finds that the tifies, in accordance with the export type design complies with the noise re- provisions of an agreement with the quirements in § 36.1(d) in addition to United States for import of that air- the applicable airworthiness require- craft, that the aircraft conforms to the ments in this section. For import air- type design and is in condition for safe planes, compliance with this paragraph operation; and is shown if the country in which the (3) The FAA finds that the aircraft airplane was manufactured certifies, conforms to the type design and is in and the FAA finds, that § 36.1(d) (or the condition for safe operation. applicable airplane noise requirements (d) Used aircraft and surplus aircraft of of the country in which the airplane the U.S. Armed Forces. An applicant for was manufactured and any other re- a standard airworthiness certificate for quirements the FAA may prescribe to a used aircraft or surplus aircraft of provide noise levels no greater than the U.S. Armed Forces is entitled to a those provided by compliance with standard airworthiness certificate if— § 36.1(d)) and paragraph (c) of this sec- (1) The applicant presents evidence to tion are complied with. the FAA that the aircraft conforms to (2) For normal, utility, acrobatic, a type design approved under a type commuter, or transport category pro- certificate or a supplemental type cer- peller driven small airplanes (except tificate and to applicable Airworthi- for those airplanes that are designed ness Directives; for ‘‘agricultural aircraft operations’’ (2) The aircraft (except an experi- (as defined in § 137.3 of this chapter, as mentally certificated aircraft that pre- effective on January 1, 1966) or for dis- viously had been issued a different air- pensing fire fighting materials to worthiness certificate under this sec- which § 36.1583 of this chapter does not tion) has been inspected in accordance apply) that have not had any flight with the performance rules for 100-hour time before the applicable date speci- inspections set forth in § 43.15 of this fied in part 36 of this chapter, no stand- chapter, or an equivalent performance ard airworthiness certificate is origi- standard acceptable to the FAA, and nally issued under this section unless found airworthy by— the applicant shows that the type de- (i) The manufacturer; sign complies with the applicable noise (ii) The holder of a repair station cer- requirements of part 36 of this chapter tificate as provided in Part 145 of this in addition to the applicable airworthi- chapter; ness requirements in this section. For (iii) The holder of a mechanic certifi- import airplanes, compliance with this cate as authorized in Part 65 of this paragraph is shown if the country in chapter; or which the airplane was manufactured (iv) The holder of a certificate issued certifies, and the FAA finds, that the under part 121 of this chapter, and hav- applicable requirements of part of this ing a maintenance and inspection orga- chapter (or the applicable airplane nization appropriate to the aircraft noise requirements of the country in type; and which the airplane was manufactured (3) The FAA finds after inspection, and any other requirements the FAA that the aircraft conforms to the type may prescribe to provide noise levels design, and is in condition for safe op- no greater than those provided by com- eration. pliance with the applicable require- (e) Noise requirements. Notwith- ments of part 36 of this chapter) and standing all other provisions of this paragraph (c) of this section are com- section, the following must be complied with. plied with for the original issuance of a (f) Passenger emergency exit require- standard airworthiness certificate: ments. Notwithstanding all other provi- (1) For transport category large air- sions of this section, each applicant for planes and jet (turbojet powered) air- issuance of a standard airworthiness planes that have not had any flight certificate for a transport category air- time before the dates specified in plane manufactured after October 16,

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1987, must show that the airplane son from a kit provided by the holder meets the requirements of § 25.807(c)(7) of the production certificate and under in effect on July 24, 1989. For the pur- the supervision and quality control of poses of this paragraph, the date of that holder, is entitled to a special air- manufacture of an airplane is the date worthiness certificate without further the inspection acceptance records re- showing, except that the FAA may in- flect that the airplane is complete and spect the aircraft to determine con- meets the FAA-approved type design formity to the type design and condi- data. tion for safe operation. (g) Fuel venting and exhaust emission (b) Imported aircraft. An applicant for requirements. Notwithstanding all other a special airworthiness certificate-pri- provisions of this section, and irrespec- mary category for an imported aircraft tive of the date of application, no air- type certificated under § 21.29 is enti- worthiness certificate is issued, on and tled to a special airworthiness certifi- after the dates specified in part 34 for cate if the civil airworthiness author- the airplanes specified therein, unless ity of the country in which the aircraft the airplane complies with the applica- was manufactured certifies, and the ble requirements of that part. FAA finds after inspection, that the (h) New aircraft manufactured under aircraft conforms to an approved type the provisions of § 21.6(b). An applicant design that meets the criteria of for a standard airworthiness certificate § 21.24(a)(1) and is in a condition for for a new aircraft manufactured under safe operation. the provisions of § 21.6(b) is entitled to (c) Aircraft having a current standard a standard airworthiness certificate airworthiness certificate. An applicant if— for a special airworthiness certificate- (1) The applicant presents evidence to primary category, for an aircraft hav- the FAA that the aircraft conforms to ing a current standard airworthiness a type design approved under a type certificate that meets the criteria of certificate or supplemental type cer- § 21.24(a)(1), may obtain the primary tificate and to applicable Airworthi- category certificate in exchange for its ness Directives; standard airworthiness certificate (2) The aircraft has been inspected in through the supplemental type certifi- accordance with the performance rules cation process. For the purposes of this for a 100-hour inspections set forth in paragraph, a current standard air- § 43.15 of this chapter and found airworthiness certificate means that the worthy by a person specified in para- aircraft conforms to its approved nor- graph (d)(2) of this section; and mal, utility, or acrobatic type design, (3) The FAA finds after inspection, complies with all applicable airworthi- that the aircraft conforms to the type ness directives, has been inspected and design, and is in condition for safe op- found airworthy within the last 12 cal- eration. endar months in accordance with [Amdt. 21–17, 32 FR 14927, Oct. 28, 1967] § 91.409(a)(1) of this chapter, and is found to be in a condition for safe oper- EDITORIAL NOTE: For FEDERAL REGISTER ci- ation by the FAA. tations affecting § 21.183, see the List of CFR Sections Affected, which appears in the (d) Other aircraft. An applicant for a Finding Aids section of the printed volume special airworthiness certificate-pri- and at www.govinfo.gov. mary category for an aircraft that meets the criteria of § 21.24(a)(1), and is § 21.184 Issue of special airworthiness not covered by paragraph (a), (b), or (c) certificates for primary category of this section, is entitled to a special aircraft. airworthiness certificate if— (a) New primary category aircraft man- (1) The applicant presents evidence to ufactured under a production certificate. the FAA that the aircraft conforms to An applicant for an original, special an approved primary, normal, utility, airworthiness certificate-primary cat- or acrobatic type design, including egory for a new aircraft that meets the compliance with all applicable air- criteria of § 21.24(a)(1), manufactured worthiness directives; under a production certificate, includ- (2) The aircraft has been inspected ing aircraft assembled by another per- and found airworthy within the past 12

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calendar months in accordance with (d) Noise requirements. For propeller- § 91.409(a)(1) of this chapter and; driven small airplanes (except air- (3) The aircraft is found by the FAA planes designed for ‘‘agricultural air- to conform to an approved type design craft operations,’’ as defined in § 137.3 and to be in a condition for safe oper- of this chapter, as effective on January ation. 1, 1966, or for dispensing fire fighting (e) Multiple-category airworthiness cer- materials) that have not had any flight tificates in the primary category and time before the applicable date speci- any other category will not be issued; a fied in Part 36 of this chapter, and not- primary category aircraft may hold withstanding the other provisions of only one airworthiness certificate. this section, no original restricted category airworthiness certificate is [Doc. No. 23345, 57 FR 41368, Sept. 9, 1992, as issued under this section unless the amended by Amdt. 21–70, 57 FR 43776, Sept. 22, 1992] FAA finds that the type design complies with the applicable noise require- § 21.185 Issue of airworthiness certifi- ments of Part 36 of this chapter in ad- cates for restricted category air- dition to the applicable airworthiness craft. requirements of this section. For im- (a) Aircraft manufactured under a pro- port airplanes, compliance with this duction certificate or type certificate. An paragraph is shown if the country in applicant for the original issue of a re- which the airplane was manufactured stricted category airworthiness certifi- certifies, and the FAA finds, that the cate for an aircraft type certificated in applicable requirements of Part 36 of the restricted category, that was not this chapter (or the applicable airplane previously type certificated in any noise requirements of the country in other category, must comply with the which the airplane was manufactured appropriate provisions of § 21.183. and any other requirements the FAA (b) Other aircraft. An applicant for a may prescribe to provide noise levels restricted category airworthiness cer- no greater than those provided by com- tificate for an aircraft type certificated pliance with the applicable require- in the restricted category, that was ei- ments of Part 36 of this chapter) and ther a surplus aircraft of the Armed paragraph (c) of this section are com- Forces or previously type certificated plied with. in another category, is entitled to an [Amdt. 21–10, 31 FR 9211, July 6, 1966, as airworthiness certificate if the aircraft amended by Amdt. 21–32, 35 FR 10202, June has been inspected by the FAA and 23, 1970; Amdt. 21–42, 40 FR 1034, Jan. 6, 1975; found by him to be in a good state of Amdt. 21–92, 74 FR 53389, Oct. 16, 2009; Amdt. preservation and repair and in a condi- 21–92, 74 FR 53389, Oct. 16, 2009; Amdt. 21–92A, tion for safe operation. 75 FR 9095, Mar. 1, 2010] (c) Import aircraft. An applicant for the original issue of a special air- § 21.187 Issue of multiple airworthiness certification. worthiness certificate for a restricted category import aircraft is entitled to (a) An applicant for an airworthiness that certificate if— certificate in the restricted category, (1) The aircraft is type-certificated in and in one or more other categories ex- accordance with § 21.25 or § 21.29 and cept primary category, is entitled to produced under the authority of an- the certificate, if— other State of Manufacture; (1) He shows compliance with the re- (2) The State of Manufacture cer- quirements for each category, when the tifies, in accordance with the export aircraft is in the configuration for that provisions of an agreement with the category; and United States for import of that air- (2) He shows that the aircraft can be craft that the aircraft conforms to the converted from one category to an- type design and is in condition for safe other by removing or adding equipment operation; and by simple mechanical means. (3) The FAA finds that the aircraft (b) The operator of an aircraft cer- conforms to the type design and is in tificated under this section must have condition for safe operation. the aircraft inspected by the FAA, or

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by a certificated mechanic with an ap- (2) The aircraft must not have been propriate airframe rating, to determine previously issued a standard, primary, airworthiness each time the aircraft is restricted, limited, or provisional air- converted from the restricted category worthiness certificate, or an equivalent to another category for the carriage of airworthiness certificate issued by a passengers for compensation or hire, foreign civil aviation authority. unless the FAA finds this unnecessary (3) The aircraft must be inspected by for safety in a particular case. the FAA and found to be in a condition (c) The aircraft complies with the ap- for safe operation. plicable requirements of part 34. (c) Manufacturer’s statement of compli- [Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as ance for light-sport category aircraft. The amended by Amdt. 21–68, 55 FR 32860, Aug. 10, manufacturer’s statement of compli- 1990; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992] ance required in paragraph (b)(1)(iii) of this section must— § 21.189 Issue of airworthiness certifi- (1) Identify the aircraft by make and cate for limited category aircraft. model, serial number, class, date of (a) An applicant for an airworthiness manufacture, and consensus standard certificate for an aircraft in the lim- used; ited category is entitled to the certifi- (2) State that the aircraft meets the cate when— provisions of the identified consensus (1) He shows that the aircraft has standard; been previously issued a limited cat- (3) State that the aircraft conforms egory type certificate and that the air- to the manufacturer’s design data, craft conforms to that type certificate; using the manufacturer’s quality as- and surance system that meets the identi- (2) The FAA finds, after inspection fied consensus standard; (including a flight check by the appli- (4) State that the manufacturer will cant), that the aircraft is in a good make available to any interested per- state of preservation and repair and is son the following documents that meet in a condition for safe operation. the identified consensus standard: (b) The FAA prescribes limitations (i) The aircraft’s operating instruc- and conditions necessary for safe oper- tions. ation. (ii) The aircraft’s maintenance and inspection procedures. [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as amended by Amdt. 21–4, 30 FR 9437, July 29, (iii) The aircraft’s flight training 1965] supplement. (5) State that the manufacturer will § 21.190 Issue of a special airworthi- monitor and correct safety-of-flight ness certificate for a light-sport cat- issues through the issuance of safety egory aircraft. directives and a continued airworthi- (a) Purpose. The FAA issues a special ness system that meets the identified airworthiness certificate in the light- consensus standard; sport category to operate a light-sport (6) State that at the request of the aircraft, other than a gyroplane. FAA, the manufacturer will provide (b) Eligibility. To be eligible for a spe- unrestricted access to its facilities; and cial airworthiness certificate in the (7) State that the manufacturer, in light-sport category: accordance with a production accept- (1) An applicant must provide the ance test procedure that meets an ap- FAA with— plicable consensus standard has— (i) The aircraft’s operating instruc- (i) Ground and flight tested the air- tions; craft; (ii) The aircraft’s maintenance and (ii) Found the aircraft performance inspection procedures; acceptable; and (iii) The manufacturer’s statement of (iii) Determined that the aircraft is compliance as described in paragraph in a condition for safe operation. (c) of this section; and (d) Light-sport aircraft manufactured (iv) The aircraft’s flight training sup- outside the United States. For aircraft plement. manufactured outside of the United

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States to be eligible for a special air- tomer crew training only as provided worthiness certificate in the light- in § 21.195. sport category, an applicant must meet (g) Operating amateur-built aircraft. the requirements of paragraph (b) of Operating an aircraft the major por- this section and provide to the FAA tion of which has been fabricated and evidence that— assembled by persons who undertook (1) The aircraft was manufactured in the construction project solely for a country with which the United States their own education or recreation. has a Bilateral Airworthiness Agree- (h) Operating primary kit-built aircraft. ment concerning airplanes or Bilateral Operating a primary category aircraft Aviation Safety Agreement with asso- that meets the criteria of § 21.24(a)(1) ciated Implementation Procedures for that was assembled by a person from a Airworthiness concerning airplanes, or kit manufactured by the holder of a an equivalent airworthiness agree- production certificate for that kit, ment; and without the supervision and quality (2) The aircraft is eligible for an air- control of the production certificate worthiness certificate, flight author- holder under § 21.184(a). ization, or other similar certification (i) Operating light-sport aircraft. Oper- in its country of manufacture. ating a light-sport aircraft that— (1) Has not been issued a U.S. or for- [Amdt. 21–85, 69 FR 44862, July 27, 2004] eign airworthiness certificate and does not meet the provisions of § 103.1 of this § 21.191 Experimental certificates. chapter. An experimental certificate Experimental certificates are issued will not be issued under this paragraph for the following purposes: for these aircraft after January 31, (a) Research and development. Testing 2008; new aircraft design concepts, new air- (2) Has been assembled— craft equipment, new aircraft installa- (i) From an aircraft kit for which the tions, new aircraft operating tech- applicant can provide the information niques, or new uses for aircraft. required by § 21.193(e); and (b) Showing compliance with regula- (ii) In accordance with manufactur- tions. Conducting flight tests and other er’s assembly instructions that meet operations to show compliance with an applicable consensus standard; or the airworthiness regulations including (3) Has been previously issued a spe- flights to show compliance for issuance cial airworthiness certificate in the of type and supplemental type certifi- light-sport category under § 21.190. cates, flights to substantiate major design changes, and flights to show com- [Amdt. 21–21, 38 FR 6858, May 7, 1968, as amended by Amdt. 21–57, 49 FR 39651, Oct. 9, pliance with the function and reli- 1984; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992; ability requirements of the regula- Amdt. 21–85, 69 FR 44862, July 27, 2004; Amdt. tions. 21–85, 69 FR 53336, Sept. 1, 2004] (c) Crew training. Training of the applicant’s flight crews. § 21.193 Experimental certificates: gen- (d) Exhibition. Exhibiting the air- eral. craft’s flight capabilities, performance, An applicant for an experimental cer- or unusual characteristics at air shows, tificate must submit the following in- motion picture, television, and similar formation: productions, and the maintenance of (a) A statement, in a form and man- exhibition flight proficiency, including ner prescribed by the FAA setting (for persons exhibiting aircraft) flying forth the purpose for which the aircraft to and from such air shows and produc- is to be used. tions. (b) Enough data (such as photo- (e) Air racing. Participating in air graphs) to identify the aircraft. races, including (for such participants) (c) Upon inspection of the aircraft, practicing for such air races and flying any pertinent information found nec- to and from racing events. essary by the FAA to safeguard the (f) Market surveys. Use of aircraft for general public. purposes of conducting market sur- (d) In the case of an aircraft to be veys, sales demonstrations, and cus- used for experimental purposes—

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(1) The purpose of the experiment; apply for an experimental certificate (2) The estimated time or number of for an aircraft that is to be used for flights required for the experiment; market surveys, sales demonstrations, (3) The areas over which the experi- or customer crew training. ment will be conducted; and (b) A manufacturer of aircraft en- (4) Except for aircraft converted from gines who has altered a type certifi- a previously certificated type without cated aircraft by installing different appreciable change in the external con- engines, manufactured by him within figuration, three-view drawings or the United States, may apply for an ex- three-view dimensioned photographs of perimental certificate for that aircraft the aircraft. to be used for market surveys, sales (e) In the case of a light-sport air- demonstrations, or customer crew craft assembled from a kit to be cer- training, if the basic aircraft, before al- tificated in accordance with teration, was type certificated in the § 21.191(i)(2), an applicant must provide normal, acrobatic, commuter, or trans- the following: port category. (1) Evidence that an aircraft of the (c) A person who has altered the de- same make and model was manufac- sign of a type certificated aircraft may tured and assembled by the aircraft kit apply for an experimental certificate manufacturer and issued a special air- for the altered aircraft to be used for worthiness certificate in the light- market surveys, sales demonstrations, sport category. or customer crew training if the basic (2) The aircraft’s operating instruc- aircraft, before alteration, was type tions. certificated in the normal, utility, ac- (3) The aircraft’s maintenance and robatic, or transport category. inspection procedures. (d) An applicant for an experimental (4) The manufacturer’s statement of certificate under this section is enti- compliance for the aircraft kit used in tled to that certificate if, in addition the aircraft assembly that meets to meeting the requirements of § 21.190(c), except that instead of meet- § 21.193— ing § 21.190(c)(7), the statement must (1) He has established an inspection identify assembly instructions for the and maintenance program for the con- aircraft that meet an applicable continued airworthiness of the aircraft; sensus standard. and (5) The aircraft’s flight training sup- (2) The applicant shows that the air- plement. craft has been flown for at least 50 (6) In addition to paragraphs (e)(1) hours, or for at least 5 hours if it is a through (e)(5) of this section, for an type certificated aircraft which has aircraft kit manufactured outside of been modified. The FAA may reduce the United States, evidence that the these operational requirements if the aircraft kit was manufactured in a applicant provides adequate justifica- country with which the United States tion. has a Bilateral Airworthiness Agree- ment concerning airplanes or a Bilat- [Amdt. 21–21, 33 FR 6858, May 7, 1968, as eral Aviation Safety Agreement with amended by Amdt. 21–28, 35 FR 2818, Feb. 11, associated Implementation Procedures 1970; Amdt. 21–57, 49 FR 39651, Oct. 9, 1984; for Airworthiness concerning airplanes, Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; Amdt. or an equivalent airworthiness agree- 21–92, 74 FR 53389, Oct. 16, 2009] ment. § 21.197 Special flight permits. [Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as (a) A special flight permit may be amended by Amdt. 21–85, 69 FR 44862, July 27, 2004] issued for an aircraft that may not cur- rently meet applicable airworthiness § 21.195 Experimental certificates: Air- requirements but is capable of safe craft to be used for market surveys, flight, for the following purposes: sales demonstrations, and customer (1) Flying the aircraft to a base crew training. where repairs, alterations, or mainte- (a) A manufacturer of aircraft manu- nance are to be performed, or to a factured within the United States may point of storage.

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(2) Delivering or exporting the air- § 21.199 Issue of special flight permits. craft. (a) Except as provided in § 21.197(c), (3) Production flight testing new pro- an applicant for a special flight permit duction aircraft. must submit a statement in a form and (4) Evacuating aircraft from areas of manner prescribed by the FAA, indi- impending danger. cating— (5) Conducting customer demonstra- (1) The purpose of the flight. tion flights in new production aircraft (2) The proposed itinerary. that have satisfactorily completed pro- (3) The crew required to operate the duction flight tests. aircraft and its equipment, e.g., pilot, (b) A special flight permit may also co-pilot, navigator, etc. be issued to authorize the operation of (4) The ways, if any, in which the air- an aircraft at a weight in excess of its craft does not comply with the applica- maximum certificated takeoff weight ble airworthiness requirements. for flight beyond the normal range over (5) Any restriction the applicant con- water, or over land areas where ade- siders necessary for safe operation of quate landing facilities or appropriate the aircraft. fuel is not available. The excess weight (6) Any other information considered that may be authorized under this necessary by the FAA for the purpose paragraph is limited to the additional of prescribing operating limitations. fuel, fuel-carrying facilities, and navi- (b) The FAA may make, or require gation equipment necessary for the the applicant to make appropriate in- flight. spections or tests necessary for safety. (c) Upon application, as prescribed in [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as §§ 91.1017 or 119.51 of this chapter, a spe- amended by Amdt. 21–21, 33 FR 6859, May 7, cial flight permit with a continuing au- 1968; Amdt. 21–22, 33 FR 11901, Aug. 22, 1968] thorization may be issued for aircraft that may not meet applicable air- Subpart I—Provisional worthiness requirements, but are capable of safe flight for the purpose of fly- Airworthiness Certificates ing aircraft to a base where maintenance or alterations are to be per- SOURCE: Docket No. 5085, 29 FR 14571, Oct. formed. The permit issued under this 24, 1964, unless otherwise noted. paragraph is an authorization, includ- § 21.211 Applicability. ing conditions and limitations for flight, which is set forth in the certifi- This subpart prescribes procedural cate holder’s operations specifications. requirements for the issue of provi- The permit issued under this paragraph sional airworthiness certificates. may be issued to— § 21.213 Eligibility. (1) Certificate holders authorized to conduct operations under part 119 of (a) A manufacturer who is a United this chapter, that have an approved States citizen may apply for a Class I program for continuing flight author- or Class II provisional airworthiness ization; or certificate for aircraft manufactured (2) Management specification holders by him within the U.S. authorized to conduct operations under (b) Any holder of an air carrier oper- part 91, subpart K of this chapter for ating certificate under Part 121 of this those aircraft they operate and main- chapter who is a United States citizen tain under a continuous airworthiness may apply for a Class II provisional maintenance program prescribed by airworthiness certificate for transport § 91.1411 of this chapter. category aircraft that meet either of the following: [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as (1) The aircraft has a current Class II amended by Amdt. 21–21, 33 FR 6859, May 7, provisional type certificate or an 1968; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; amendment thereto. Amdt. 21–54, 46 FR 37878, July 23, 1981; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001; Amdt. 21–84, (2) The aircraft has a current provi- 68 FR 54559, Sept. 17, 2003; Amdt. 21–87, 71 FR sional amendment to a type certificate 536, Jan. 4, 2006; Amdt. 21–92, 74 FR 53389, Oct. that was preceded by a corresponding 16, 2009] Class II provisional type certificate.

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(c) An aircraft engine manufacturer ance with the limitations established who is a United States citizen and who in §§ 21.81(e) and 91.317 of this sub- has altered a type certificated aircraft chapter. by installing different type certificated (b) The manufacturer must hold a engines, manufactured by him within provisional type certificate for the air- the United States, may apply for a craft. Class I provisional airworthiness cer- (c) The manufacturer must submit a tificate for that aircraft, if the basic statement that the aircraft conforms aircraft, before alteration, was type to the type design corresponding to the certificated in the normal, utility, ac- provisional type certificate and has robatic, commuter, or transport cat- been found by him to be in safe oper- egory. ating condition under all applicable limitations. [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as (d) The aircraft must be flown at amended by Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001] least five hours by the manufacturer. (e) The aircraft must be supplied § 21.215 Application. with a provisional aircraft flight manual or other document and appropriate Applications for provisional air- placards containing the limitations es- worthiness certificates must be sub- tablished by §§ 21.81(e) and 91.317. mitted to the FAA. The application must be accompanied by the pertinent [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as information specified in this subpart. amended by Amdt. 21–66, 54 FR 34329, Aug. 18, 1989] [Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; 54 FR 52872, Dec. 22, 1989; Doc. No. FAA–2018–0119, § 21.223 Class II provisional airworthi- Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] ness certificates. § 21.217 Duration. (a) Except as provided in § 21.225, an applicant is entitled to a Class II provi- Unless sooner surrendered, super- sional airworthiness certificate for an seded, revoked, or otherwise termi- aircraft for which a Class II provisional nated, provisional airworthiness cer- type certificate has been issued if— tificates are effective for the duration (1) He meets the eligibility require- of the corresponding provisional type ments of § 21.213 and he complies with certificate, amendment to a provi- this section; and sional type certificate, or provisional (2) The FAA finds that there is no amendment to the type certificate. feature, characteristic, or condition of the aircraft that would make the air- § 21.219 Transferability. craft unsafe when operated in accord- Class I provisional airworthiness cer- ance with the limitations established tificates are not transferable. Class II in §§ 21.83(h), 91.317, and 121.207 of this provisional airworthiness certificates chapter. may be transferred to an air carrier eli- (b) The applicant must show that a gible to apply for a certificate under Class II provisional type certificate for § 21.213(b). the aircraft has been issued to the manufacturer. § 21.221 Class I provisional airworthi- (c) The applicant must submit a ness certificates. statement by the manufacturer that (a) Except as provided in § 21.225, an the aircraft has been manufactured applicant is entitled to a Class I provi- under a quality system adequate to en- sional airworthiness certificate for an sure that the aircraft conforms to the aircraft for which a Class I provisional type design corresponding with the type certificate has been issued if— provisional type certificate. (1) He meets the eligibility require- (d) The applicant must submit a ments of § 21.213 and he complies with statement that the aircraft has been this section; and found by him to be in a safe operating (2) The FAA finds that there is no condition under the applicable limita- feature, characteristic or condition of tions. the aircraft that would make the air- (e) The aircraft must be flown at craft unsafe when operated in accord- least five hours by the manufacturer.

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(f) The aircraft must be supplied with Subpart K—Parts Manufacturer a provisional aircraft flight manual Approvals containing the limitations established by §§ 21.83(h), 91.317, and 121.207 of this SOURCE: Docket No. FAA–2006–25877, Amdt. chapter. 21–92, 74 FR 53390, Oct. 16, 2009, unless otherwise noted. [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as amended by Amdt. 21–12, 31 FR 13389, Oct. 15, § 21.301 Applicability. 1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989; Amdt. 21–92, 74 FR 53390, Oct. 16, 2009] This subpart prescribes— (a) Procedural requirements for § 21.225 Provisional airworthiness cer- issuing PMAs; and tificates corresponding with provi- (b) Rules governing holders of PMAs. sional amendments to type certificates. § 21.303 Application. (a) An applicant is entitled to a Class (a) The applicant for a PMA must I or a Class II provisional airworthiness apply in a form and manner prescribed certificate, for an aircraft, for which a by the FAA, and include the following: provisional amendment to the type (1) The identity of the product on which the article is to be installed. certificate has been issued, if— (2) The name and address of the man- (1) He meets the eligibility require- ufacturing facilities at which these ar- ments of § 21.213 and he complies with ticles are to be manufactured. this section; and (3) The design of the article, which (2) The FAA finds that there is no consists of— feature, characteristic, or condition of (i) Drawings and specifications nec- the aircraft, as modified in accordance essary to show the configuration of the with the provisionally amended type article; and certificate, that would make the air- (ii) Information on dimensions, mate- craft unsafe when operated in accord- rials, and processes necessary to define ance with the applicable limitations the structural strength of the article. established in §§ 21.85(g), 91.317, and (4) Test reports and computations 121.207 of this chapter. necessary to show that the design of (b) The applicant must show that the the article meets the airworthiness re- modification was made under a quality quirements of this subchapter. The test reports and computations must be ap- system adequate to ensure that the plicable to the product on which the modification conforms to the provi- article is to be installed, unless the ap- sionally amended type certificate. plicant shows that the design of the ar- (c) The applicant must submit a ticle is identical to the design of a arti- statement that the aircraft has been cle that is covered under a type certifi- found by him to be in a safe operating cate. If the design of the article was ob- condition under the applicable limita- tained by a licensing agreement, the tions. applicant must provide evidence of (d) The aircraft must be flown at that agreement. least five hours by the manufacturer. (5) An applicant for a PMA based on (e) The aircraft must be supplied test reports and computations must with a provisional aircraft flight man- provide a statement certifying that the ual or other document and appropriate applicant has complied with the air- placards containing the limitations re- worthiness requirements of this sub- quired by §§ 21.85(g), 91.317, and 121.207 chapter. of this chapter. (b) Each applicant for a PMA must make all inspections and tests nec- [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as essary to determine— amended by Amdt. 21–12, 31 FR 13389, Oct. 15, (1) Compliance with the applicable 1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989; airworthiness requirements; Amdt. 21–92, 74 FR 53390, Oct. 16, 2009] (2) That materials conform to the specifications in the design; Subpart J [Reserved] (3) That the article conforms to its approved design; and

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(4) That the manufacturing proc- (b) The PMA holder must obtain FAA esses, construction, and assembly con- approval before making any changes to form to those specified in the design. the location of any of its manufacturing facilities. § 21.305 Organization. (c) The PMA holder must imme- (a) Each applicant for or holder of a diately notify the FAA, in writing, of PMA must provide the FAA with a doc- any change to the manufacturing fa- ument— cilities that may affect the inspection, (1) Describing how its organization conformity, or airworthiness of its will ensure compliance with the provi- PMA article. sions of this subpart; (2) Describing assigned responsibil- § 21.310 Inspections and tests. ities, delegated authorities, and the (a) Each applicant for or holder of a functional relationship of those respon- PMA must allow the FAA to inspect its sible for quality to management and quality system, facilities, technical other organizational components; and data, and any manufactured articles (3) Identifying an accountable man- and witness any tests, including any ager. inspections or tests at a supplier facil- (b) The accountable manager speci- ity, necessary to determine compliance fied in paragraph (a) of this section with this subchapter. must be responsible within the appli- (b) Unless otherwise authorized by cant’s or production approval holder’s the FAA, the applicant or holder— organization for, and have authority (1) May not present any article to the over, all production operations con- FAA for an inspection or test unless ducted under this part. The account- compliance with § 21.303(b)(2) through able manager must confirm that the (4) has been shown for that article; and procedures described in the quality (2) May not make any change to an manual required by § 21.308 are in place article between the time that compli- and that the production approval hold- ance with § 21.303(b)(2) through (4) is er satisfies the requirements of the ap- shown for that article and the time plicable regulations of subchapter C, that the article is presented to the Aircraft. The accountable manager FAA for the inspection or test. must serve as the primary contact with the FAA. § 21.311 Issuance. [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR The FAA issues a PMA after finding 59031, Oct. 1, 2015] that the applicant complies with the requirements of this subpart and the § 21.307 Quality system. design complies with the requirements Each applicant for or holder of a of this chapter applicable to the prod- PMA must establish a quality system uct on which the article is to be in- that meets the requirements of § 21.137. stalled.

§ 21.308 Quality manual. § 21.313 Duration. Each applicant for or holder of a A PMA is effective until surrendered, PMA must provide a manual describing withdrawn, or the FAA otherwise ter- its quality system to the FAA for ap- minates it. proval. The manual must be in the English language and retrievable in a § 21.314 Transferability. form acceptable to the FAA. The holder of a PMA may not trans- § 21.309 Location of or change to man- fer the PMA. ufacturing facilities. § 21.316 Responsibility of holder. (a) An applicant may obtain a PMA for manufacturing facilities located Each holder of a PMA must— outside of the United States if the FAA (a) Amend the document required by finds no undue burden in administering § 21.305 as necessary to reflect changes the applicable requirements of Title 49 in the organization and provide these U.S.C. and this subchapter. amendments to the FAA;

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(b) Maintain the quality system in Subpart L—Export Airworthiness compliance with the data and proce- Approvals dures approved for the PMA; (c) Ensure that each PMA article SOURCE: Docket No. FAA–2006–25877, Amdt. conforms to its approved design and is 21–92, 74 FR 53391, Oct. 16, 2009, unless other- in a condition for safe operation; wise noted. (d) Mark the PMA article for which an approval has been issued. Marking § 21.321 Applicability. must be in accordance with part 45 of This subpart prescribes— this chapter, including any critical (a) Procedural requirements for parts; issuing export airworthiness approvals; (e) Identify any portion of the PMA and article (e.g., sub-assemblies, component (b) Rules governing the holders of parts, or replacement articles) that those approvals. leave the manufacturer’s facility as FAA approved with the manufacturer’s § 21.325 Export airworthiness approv- part number and name, trademark, als. symbol, or other FAA approved manu- (a) An export airworthiness approval facturer’s identification; for an aircraft is issued in the form of (f) Have access to design data nec- an export certificate of airworthiness. essary to determine conformity and This certificate does not authorize op- airworthiness for each article produced eration of that aircraft. under the PMA; (b) The FAA prescribes the form and (g) Retain each document granting manner in which an export airworthi- PMA and make it available to the FAA ness approval for an aircraft engine, upon request; and propeller, or article is issued. (h) Make available to the FAA infor- (c) If the FAA finds no undue burden mation regarding all delegation of au- in administering the applicable re- thority to suppliers. quirements of Title 49 U.S.C. and this subchapter, an export airworthiness § 21.319 Design changes. approval may be issued for a product or article located outside of the United (a) Classification of design changes. (1) States. A ‘‘minor change’’ to the design of an article produced under a PMA is one § 21.327 Application. that has no appreciable effect on the approval basis. Any person may apply for an export airworthiness approval. Each applicant (2) A ‘‘major change’’ to the design of must apply in a form and manner pre- an article produced under a PMA is any scribed by the FAA. change that is not minor. (b) Approval of design changes. (1) § 21.329 Issuance of export certificates Minor changes to the basic design of a of airworthiness. PMA may be approved using a method (a) A person may obtain from the acceptable to the FAA. FAA an export certificate of airworthi- (2) The PMA holder must obtain FAA ness for an aircraft if— approval of any major change before (1) A new or used aircraft manufac- including it in the design of an article tured under subpart F or G of this part produced under a PMA. meets the airworthiness requirements under subpart H of this part for a— § 21.320 Changes in quality system. (i) Standard airworthiness certifi- After the issuance of a PMA— cate; or (a) Each change to the quality sys- (ii) Special airworthiness certificate tem is subject to review by the FAA; in either the ‘‘primary’’ or the ‘‘re- and stricted’’ category; or (b) The holder of the PMA must im- (2) A new or used aircraft not manu- mediately notify the FAA, in writing, factured under subpart F or G of this of any change that may affect the in- part has a valid— spection, conformity, or airworthiness (i) Standard airworthiness certifi- of its article. cate; or

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(ii) Special airworthiness certificate § 21.335 Responsibilities of exporters. in either the ‘‘primary’’ or the ‘‘re- Unless otherwise agreed to by the im- stricted’’ category. porting country or jurisdiction, each (b) An aircraft need not meet a re- exporter must— quirement specified in paragraph (a) of (a) Forward to the importing country this section, as applicable, if— or jurisdiction all documents specified (1) The importing country or jurisdic- by that country or jurisdiction; tion accepts, in a form and manner ac- (b) Preserve and package products ceptable to the FAA, a deviation from and articles as necessary to protect that requirement; and them against corrosion and damage (2) The export certificate of air- during transit or storage and state the worthiness lists as an exception any duration of effectiveness of such pres- difference between the aircraft to be ervation and packaging; exported and its type design. (c) Remove or cause to be removed any temporary installation incor- § 21.331 Issuance of export airworthi- porated on an aircraft for the purpose ness approvals for aircraft engines, propellers, and articles. of export delivery and restore the aircraft to the approved configuration (a) A person may obtain from the upon completion of the delivery flight; FAA an export airworthiness approval (d) Secure all proper foreign entry to export a new aircraft engine, pro- clearances from all the countries or ju- peller, or article that is manufactured risdictions involved when conducting under this part if it conforms to its ap- sales demonstrations or delivery proved design and is in a condition for flights; and safe operation. (e) When title to an aircraft passes or (b) A new aircraft engine, propeller, has passed to a foreign purchaser— or article need not meet a requirement (1) Request cancellation of the U.S. of paragraph (a) of this section if— registration and airworthiness certifi- (1) The importing country or jurisdic- cates from the FAA, giving the date of tion accepts, in a form and manner ac- transfer of title, and the name and ad- ceptable to the FAA, a deviation from dress of the foreign owner; that requirement; and (2) Return the Registration and Air- (2) The export airworthiness approval worthiness Certificates to the FAA; lists as an exception any difference be- and tween the aircraft engine, propeller, or (3) Provide a statement to the FAA article to be exported and its approved certifying that the U.S. identification design. and registration numbers have been re- (c) A person may obtain from the moved from the aircraft in compliance FAA an export airworthiness approval with § 45.33. to export a used aircraft engine, propeller, or article if it conforms to its Subpart M [Reserved] approved design and is in a condition for safe operation. Subpart N—Acceptance of Air- (d) A used aircraft engine or propeller craft Engines, Propellers, and need not meet a requirement of para- Articles for Import graph (c) of this section if— (1) The importing country or jurisdiction accepts, in a form and manner ac- SOURCE: Docket No. FAA–2006–25877, 74 FR 53392, Amdt. 21–92, Oct. 16, 2009, unless other- ceptable to the FAA, a deviation from wise noted. that requirement; and (2) The export airworthiness approval § 21.500 Acceptance of aircraft engines lists as an exception any difference be- and propellers. tween the used aircraft engine or pro- An aircraft engine or propeller manu- peller to be exported and its approved factured in a foreign country or juris- design. diction meets the requirements for acceptance under this subchapter if—

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(a) That country or jurisdiction is (2) A TSO authorization is an FAA subject to the provisions of an agree- design and production approval issued ment with the United States for the ac- to the manufacturer of an article that ceptance of that product; has been found to meet a specific TSO; (b) That product is marked in accord- (3) A letter of TSO design approval is ance with part 45 of this chapter; and an FAA design approval for an article (c) The holder or licensee of a U.S. that has been found to meet a specific type certificate for that product fur- TSO in accordance with the procedures nishes with each such aircraft engine of § 21.621; or propeller imported into the United (4) An article manufactured under a States, an export airworthiness approval issued in accordance with the TSO authorization, an FAA letter of provisions of that agreement certifying acceptance as described in § 21.613(b), or that the individual aircraft engine or an article manufactured under a letter propeller— of TSO design approval described in (1) Conforms to its U.S. type certifi- § 21.621 is an approved article for the cate and is in condition for safe oper- purpose of meeting the regulations of ation; and this chapter that require the article to (2) Has been subjected by the manu- be approved; and facturer to a final operational check. (5) An article manufacturer is the person who controls the design and § 21.502 Acceptance of articles. quality of the article produced (or to be An article (including an article pro- produced, in the case of an applica- duced under a letter of TSO design ap- tion), including any related parts, proc- proval) manufactured in a foreign esses, or services procured from an out- country or jurisdiction meets the re- side source. quirements for acceptance under this subchapter if— § 21.603 Application. (a) That country or jurisdiction is (a) An applicant for a TSO authoriza- subject to the provisions of an agree- tion must apply in the form and man- ment with the United States for the ac- ner prescribed by the FAA. The appli- ceptance of that article; cant must include the following docu- (b) That article is marked in accord- ments in the application: ance with part 45 of this chapter; and (1) A statement of conformance certi- (c) An export airworthiness approval fying that the applicant has met the has been issued in accordance with the requirements of this subpart and that provisions of that agreement for that article for import into the United the article concerned meets the appli- States. cable TSO that is effective on the date of application for that article. Subpart O—Technical Standard (2) One copy of the technical data required in the applicable TSO. Order Approvals (b) If the applicant anticipates a se- ries of minor changes in accordance SOURCE: Docket No. FAA–2006–25877, Amdt. with § 21.619, the applicant may set 21–92, 74 FR 53392, Oct. 16, 2009, unless otherwise noted. forth in its application the basic model number of the article and the part § 21.601 Applicability and definitions. number of the components with open (a) This subpart prescribes— brackets after it to denote that suffix (1) Procedural requirements for change letters or numbers (or combina- issuing TSO authorizations; tions of them) will be added from time (2) Rules governing the holders of to time. TSO authorizations; and (c) If the application is deficient, the (3) Procedural requirements for applicant must, when requested by the issuing letters of TSO design approval. FAA, provide any additional informa- (b) For the purposes of this subpart— tion necessary to show compliance (1) A TSO issued by the FAA is a with this part. If the applicant fails to minimum performance standard for provide the additional information specified articles used on civil aircraft; within 30 days after the FAA’s request,

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the FAA denies the application and no- ties located outside of the United tifies the applicant. States if the FAA finds no undue burden in administering the applicable re- [Docket No. FAA–2006–25877, Amdt. 21–92, 74 FR 53392, Oct. 16, 2009, as amended by Doc. quirements of Title 49 U.S.C. and this No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, subchapter. Mar. 5, 2018] (b) The TSO authorization holder must obtain FAA approval before mak- § 21.605 Organization. ing any changes to the location of any (a) Each applicant for or holder of a of its manufacturing facilities. TSO authorization must provide the (c) The TSO authorization holder FAA with a document— must immediately notify the FAA, in writing, of any change to the manufac- (1) Describing how its organization turing facilities that may affect the in- will ensure compliance with the provi- spection, conformity, or airworthiness sions of this subpart; of its product or article. (2) Describing assigned responsibilities, delegated authorities, and the § 21.610 Inspections and tests. functional relationship of those respon- Each applicant for or holder of a TSO sible for quality to management and authorization must allow the FAA to other organizational components; and inspect its quality system, facilities, (3) Identifying an accountable man- technical data, and any manufactured ager. articles and witness any tests, includ- (b) The accountable manager speci- ing any inspections or tests at a sup- fied in paragraph (a) of this section plier facility, necessary to determine must be responsible within the appli- compliance with this subchapter. cant’s or production approval holder’s organization for, and have authority § 21.611 Issuance. over, all production operations con- If the FAA finds that the applicant ducted under this part. The account- complies with the requirements of this able manager must confirm that the subchapter, the FAA issues a TSO au- procedures described in the quality thorization to the applicant (including manual required by § 21.608 are in place all TSO deviations granted to the ap- and that the production approval hold- plicant). er satisfies the requirements of the applicable regulations of subchapter C, § 21.613 Duration. Aircraft. The accountable manager (a) A TSO authorization or letter of must serve as the primary contact with TSO design approval is effective until the FAA. surrendered, withdrawn, or otherwise [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR terminated by the FAA. 59032, Oct. 1, 2015] (b) If a TSO is revised or canceled, the holder of an affected FAA letter of § 21.607 Quality system. acceptance of a statement of conform- Each applicant for or holder of a TSO ance, TSO authorization, or letter of authorization must establish a quality TSO design approval may continue to system that meets the requirements of manufacture articles that meet the § 21.137. original TSO without obtaining a new acceptance, authorization, or approval § 21.608 Quality manual. but must comply with the require- Each applicant for or holder of a TSO ments of this chapter. authorization must provide a manual describing its quality system to the § 21.614 Transferability. FAA for approval. The manual must be The holder of a TSO authorization or in the English language and retrievable letter of TSO design approval may not in a form acceptable to the FAA. transfer the TSO authorization or letter of TSO design approval. § 21.609 Location of or change to manufacturing facilities. § 21.616 Responsibility of holder. (a) An applicant may obtain a TSO Each holder of a TSO authorization authorization for manufacturing facili- must—

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(a) Amend the document required by the civil aviation authority of that § 21.605 as necessary to reflect changes country or jurisdiction to the FAA. in the organization and provide these [Docket No. FAA–2006–25877, Amdt. 21–92, 74 amendments to the FAA. FR 53392, Oct. 16, 2009, as amended by Doc. (b) Maintain a quality system in No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, compliance with the data and proce- Mar. 5, 2018] dures approved for the TSO authoriza- § 21.619 Design changes. tion; (c) Ensure that each manufactured (a) Minor changes by the manufacturer article conforms to its approved design, holding a TSO authorization. The manu- is in a condition for safe operation, and facturer of an article under an authorization issued under this part may meets the applicable TSO; make minor design changes (any (d) Mark the TSO article for which change other than a major change) an approval has been issued. Marking without further approval by the FAA. must be in accordance with part 45 of In this case, the changed article keeps this chapter, including any critical the original model number (part num- parts; bers may be used to identify minor (e) Identify any portion of the TSO changes) and the manufacturer must article (e.g., sub-assemblies, compo- forward to the FAA, any revised data nent parts, or replacement articles) that are necessary for compliance with that leave the manufacturer’s facility § 21.603(b). as FAA approved with the manufactur- (b) Major changes by the manufacturer er’s part number and name, trademark, holding a TSO authorization. Any design symbol, or other FAA approved manu- change by the manufacturer extensive facturer’s identification; enough to require a substantially com- (f) Have access to design data nec- plete investigation to determine compliance with a TSO is a major change. essary to determine conformity and Before making a major change, the airworthiness for each article produced manufacturer must assign a new type under the TSO authorization. The man- or model designation to the article and ufacturer must retain this data until it apply for an authorization under no longer manufactures the article. At § 21.603. that time, copies of the data must be (c) Changes by persons other than the sent to the FAA; manufacturer. No design change by any (g) Retain its TSO authorization and person (other than the manufacturer make it available to the FAA upon re- who provided the statement of con- quest; and formance for the article) is eligible for (h) Make available to the FAA infor- approval under this part unless the per- mation regarding all delegation of au- son seeking the approval is a manufac- thority to suppliers. turer and applies under § 21.603(a) for a separate TSO authorization. Persons § 21.618 Approval for deviation. other than a manufacturer may obtain (a) Each manufacturer who requests approval for design changes under part approval to deviate from any perform- 43 or under the applicable airworthiness regulations of this chapter. ance standard of a TSO must show that factors or design features providing an [Docket No. FAA–2006–25877, Amdt. 21–92, 74 equivalent level of safety compensate FR 53392, Oct. 16, 2009, as amended by Doc. for the standards from which a devi- No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] ation is requested. (b) The manufacturer must send re- § 21.620 Changes in quality system. quests for approval to deviate, together After the issuance of a TSO author- with all pertinent data, to the FAA. If ization— the article is manufactured under the (a) Each change to the quality sys- authority of a foreign country or juris- tem is subject to review by the FAA; diction, the manufacturer must send and requests for approval to deviate, to- (b) The holder of the TSO authoriza- gether with all pertinent data, through tion must immediately notify the FAA,

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in writing, of any change that may af- Subpart A—General fect the inspection, conformity, or airworthiness of its article. 23.2000 Applicability and definitions. 23.2005 Certification of normal category airplanes. § 21.621 Issue of letters of TSO design 23.2010 Accepted means of compliance. approval: Import articles. (a) The FAA may issue a letter of Subpart B—Flight TSO design approval for an article— PERFORMANCE (1) Designed and manufactured in a foreign country or jurisdiction subject 23.2100 Weight and center of gravity. to the export provisions of an agree- 23.2105 Performance data. 23.2110 Stall speed. ment with the United States for the ac- 23.2115 Takeoff performance. ceptance of these articles for import; 23.2120 Climb requirements. and 23.2125 Climb information. (2) For import into the United States 23.2130 Landing. if— FLIGHT CHARACTERISTICS (i) The State of Design certifies that the article has been examined, tested, 23.2135 Controllability. and found to meet the applicable TSO 23.2140 Trim. or the applicable performance stand- 23.2145 Stability. ards of the State of Design and any 23.2150 Stall characteristics, stall warning, and spins. other performance standards the FAA 23.2155 Ground and water handling charac- may prescribe to provide a level of teristics. safety equivalent to that provided by 23.2160 Vibration, buffeting, and high-speed the TSO; and characteristics. (ii) The manufacturer has provided to 23.2165 Performance and flight characteris- the FAA one copy of the technical data tics requirements for flight in icing con- required in the applicable performance ditions. standard through its State of Design. Subpart C—Structures (b) The FAA issues the letter of TSO design approval that lists any devi- 23.2200 Structural design envelope. ation granted under § 21.618. 23.2205 Interaction of systems and structures. [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR 53392, Oct. 16, 2009, as amended by Amdt. 21– STRUCTURAL LOADS 92A, 75 FR 9095, Mar. 1, 2010] 23.2210 Structural design loads. 23.2215 Flight load conditions. Subpart P—Special Federal 23.2220 Ground and water load conditions. 23.2225 Component loading conditions. Aviation Regulations 23.2230 Limit and ultimate loads.

STRUCTURAL PERFORMANCE SOURCE: Docket No. FAA–2011–0186, Amdt. 21–92, 76 FR 12555, Mar. 8, 2011, unless other- 23.2235 Structural strength. wise noted. 23.2240 Structural durability. 23.2245 Aeroelasticity. § 21.700 SFAR No. 111—Lavatory Oxy- gen Systems. DESIGN The requirements of § 121.1500 of this 23.2250 Design and construction principles. chapter also apply to this part. 23.2255 Protection of structure. 23.2260 Materials and processes. 23.2265 Special factors of safety. PART 23—AIRWORTHINESS STAND- ARDS: NORMAL CATEGORY AIR- STRUCTURAL OCCUPANT PROTECTION PLANES 23.2270 Emergency conditions.

Sec. Subpart D—Design and Construction 23.1457 Cockpit voice recorders. 23.2300 Flight control systems. 23.1459 Flight data recorders. 23.2305 Landing gear systems. 23.1529 Instructions for continued air- 23.2310 Buoyancy for seaplanes and amphib- worthiness. ians.

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