AC NO: 21-2B
FEDERAL AVIATION ADVISORY
TO MINISTRATION CIRCULAR
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
EXPORT AIRWORTHINESS
APPROVAL PROCEDURES OCTOBER 2, 1969
1818-49404 CHANGE AC NO: 21-2B CHG 2 DATE: 8 Feb 71
EDERAL AVIATIO ADVISORY
HOMINISTE ATIO CIRCULAR
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION SUBJECT: EXPORT AIRWORTHINESS APPROVAL PROCEDURES
1. PURPOSE. This change transmits revised pages to AC 21-2B dated 10/2/69.
2. CHANGES. Appendix 2 18 revised to delete "Except as provided" through to 'Inspection Manual" and addition of a NOTE insert. Correction was made on page 37 due to a typographical error.
PAGE CONTROL CHART Remove Pages Dated Insert Pages Dated Appendix 2 9 and 10 10/2/69 Appendix 2 9 2/8/71 10 10/2/69 37 and 38 10/2/69 37 2/8/71 38 10/2/69 Acting Director, Flight/standarde Service Initiated by: FS-180
TAD 4944 CHANGE AC NO: 21-2B CHG 1 DATE: 11/13/70
FEDERAL AVIAT ION ADVISORY
TANISTRAI CIRCULAR
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION SUBJECT:
EXPORT AIRWORTHINESS APPROVAL PROCEDURES.
1. PURPOSE. This advisory circular transmits revised pages to AC No. 21-2B, dated October 2, 1969.
2. CHANGES:
a. The basic text is revised to:
(1) Provide an explanation of special requirements and bilateral agreements.
(2) Clarify that export certificates of airworthiness do not constitute authority to operate an aircraft.
Provide additional guidance for completion of an application for Export Certificate of Airworthiness, FAA Form 8130-1.
(4) Delete paragraph 1f (3) (b) which required the exporter to provide the FAA representative who issued the Export C of A with the name and address of the foreign purchaser.
Delete the reference to FAA International Offices (A new appendix is added giving the FAA Regional Office addresses to which inquiries should be directed).
(6) Renumber the paragraphs and to incorporate other nonsubstantive changes.
b. Appendix 1 is revised to provide a sample application form which shows the "engines" and "propellers" blocks completed for an aircraft, Initiated by: FS-180
Page 2 AC 21-2B CHG 1 11/13/70
c. Appendix 2 is revised to:
(1) Incorporate special requirement changes requested by the civil air authority of:
(a) Australia
(b) France
(c) Japan
(d) Kingdom of the Netherlands
(2) Add new special requirements for:
(a) Netherlands Antilles
(b) Republic of Zambia New Appendix 3 and 4 have been added to provide FAA Regional Office addresses and a list of countries with which the U.S. has bilateral agreements.
PAGE CONTROL CHART Remove Pages Dated Insert Pages Dated 10/2/69 1 11/13/70 1 thru 6 10/2/69/ 1 thru 6 11/13/70 Appendix 1 1 and 2 10/2/69 11/13/70 2 10/2/69 1 thru 8 Appendix 2 10/2/69 1, 3 thru 7 11/13/70 2, 10/2/69 15 and 16 10/2/69 15 10/2/69/ 16 11/13/70 21 and 22 10/2/69 21 11/13/70 22 10/2/69
AC 21-2B CHG 1 Page 3 11/13/70 PAGE CONTROL CHART (continued) Remove Pages Dated Insert Pages Dated 35 and 36 10/2/69 35 10/2/69 36 11/13/70 41 and 42 10/2/69 41 10/2/69 42 11/13/70 45 and 46 10/2/69 45 and 46~4 10/2/69 46, 46-1 thru 46-3 11/13/70 65 and 66 11/13/70 Appendix 3 11/13/70 Appendix 4 11/13/70 acting plight standardo service
AC NO: 21-2B DATE: 10/2/69
EDERAL AVIATION ADVISORY * MINISTRAIO CIRCULAR
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION SUBJECT: EXPORT AIRWORTHINESS APPROVAL PROCEDURES PURPOSE. This advisory circular transmits revised AC No. 21-2B.
2. CANCELLATION. AC No. 21-2A, dated 2/16/67, and changes 1, 2, 3, and 4.
3. PRINCIPAL CHANGES.
a. References to FAA forms, and examples of such forme, have been updated.
b. The special requirements in Appendix 2 for Canada, france, India, The Netherlands, South Africa, and Australia have been revised. Special requirements for West Malaysia have been added.
Director Ing Flight Standards Service Initiated by: FS-180
AC 21-2B CHG 1 Page 11/13/70
TABLE OF CONTENTS Page No.
GENERAL.. 1
2. FAR 21.323 Eligibility. 2
3. FAR 21.325 Export Airworthiness Approvals 2
4. FAR 21.327 Application.
5. FAR 21.329 Issue of Export Certificates of Airworthiness for Class I Products. 5
6. FAR 21.331 Issue of Airworthiness Approval Tags for Class IT Products, 6
7. FAR 21.335 Responsibilities of Exporters 6
8. FAR 21.339 Special Export Airworthiness Approval for Aircraft.
Appendix 1 - Sample Forms. 1-4 Appendix 2 - Special Requirements of Importing Countries. 1-66 Appendix 3 - FAA Regional Offices Responsible for Civil Aviation Matters in Foreign Countries 1 Appendix 4 - Countries with which the U.S. has concluded Agreements for Reciprocal Acceptance of Airworthiness Certificates.........
AC 21-2B CHG 1 Page 1 11/13/70
EXPORT AIRWORTHINESS APPROVAL PROCEDURES GENERAL.
a. This advisory circular provides general information and guidance concerning issuance of export approvals under Federal Aviation Regulations (FAR) Part 21, Subpart L. As appropriate, the information contained herein sets forth an acceptable means, but not the sole means, for compliance with the FAR. Paragraphs 2 through 8 are identified to correspond with the section of the FAR under discussion. Some sections have been intentionally omitted, since their meaning is clear and further discussion is considered unnecessary.
Persons in the United States desiring additional information or advice on how to get an export airworthiness approval may contact the nearest FAA District or Regional Office of the Flight Standards Service. Foreign importers of U.S. aeronautical products and U.S.
citizens located in foreign countries may contact the appropriate FAA office listed in Appendix 3.
c. Certain foreign countries have notified the FAA of their special requirements applicable to import into their countries of U.S.
manufactured aeronautical products or parts. Such requirements are in Appendix 2. These are generally the special requirements referred to in Subpart L of FAR 21; however, this does not preclude one of these countries from applying unique special requirements at their own option. As applicable in such cases, the civil air authority of the importing country may waive a requirement by providing a statement that they will validate an export certificate of airworthiness for a product which does not meet specified, normally applicable FAA requirements. All exceptions covered by the statement from the foreign civil air authority are listed by the issuing FAA representative on the Export Certificate of Airworthiness, FAA Form 8130-4. The special requirements of an importing country, whether general or unique, take precedence over any conflicting FAA airworthiness requirements and are not considered as being "exemptions" from the FAR.
d. Appendix 4 lists the countries with which the U.S. has concluded formal bilateral agreements for reciprocal acceptance of export certificates of airworthiness. The special requirements in Appendix 2 include those submitted by some of the bilateral agreement countries as well as special requirements submitted informally by countries with whom no formal agreement is in effect. An export *
Page 2 AC 21-2B CHG 1 11/13/70 approval may be issued upon request for a product to be exported to a country not covered in either Appendix 2 or 4, however, such an approval would certify compliance with only U.S. airworthiness standards. Assurance of compliance with any other requirements which the country may impose would be the responsibility of the exporter and importer, unless the country chooses to submit their special requirements for publication in this advisory circular.
e. An Export Certificate of Airworthiness, FAA Form 8130-4, certifies compliance with applicable requirements but DOES NOT CONSTITUTE AUTHORITY TO OPERATE AN AIRCRAFT. Information and guidance concerning appropriate airworthiness certificates and/or flight permits are in Advisory Circular No. 20-65, "U.S. Airworthiness Certificates and Authorizationsfor Operation of Domestic and Foreign Aircraft. "
2. FAR 21.323 Eligibility. Normally, U.S. citizens engaged in the business of selling civil aircraft and related products are the ones who will be the most interested in obtaining export airworthiness approvals for products being exported; however, other persons, such as individual aircraft owners or operators, are also eligible provided all other pertinent requirements are met. It should be noted that, due to limited FAA resources, only those manufacturers holding an FAA production approval, and who have in their employ a designated representative of the Administrator, are eligible to obtain export airworthiness approvals * for Class III products covered by their production approvals.
3. FAR 21.325 Export Airworthiness Approvals.
a. Samples of the export airworthiness approval forms are shown in Appendix 1. This section of the regulations covers all the products which may be approved for export. Subparagraph (b)(2) of Section
21.325 was adopted to make it possible for an owner of a U.S.
certificated aircraft, engine, or propeller which at the time may be located in a foreign country, to obtain an export airworthiness approval necessary to the sale of such product to a foreign citizen without the necessity of returning the product to the U.S. Prior * to concluding a sales agreement, however, the U.S. owner/exporter is cautioned to contact the appropriate FAA Office (See Appendix 3) to determine whether the export airworthiness approval can be issued* without creating an administrative and inspection burden on the FAA.
The date of issuing an export airworthiness approval will always be the date the product concerned was inspected by the FAA and tound to comply with the pertinent requirements, in other words, in export airworthiness approval means that AS OF THE DATE OF ITS
AC 21-2B CHG 1 Page 3 11/13/70 ISSUANCE the product covered thereby was found to be airworthy and in compliance with the applicable requirements except for any deviations authorized by the air authority of the importing country. In order to preclude complaints from foreign countries and subsequent investigations by the FAA, it is recommended that the U.S. exporter ensure the product still meets the pertinent requirements when delivered to the foreign importer.
Except for any special requirements which have been filed with the FAA by the country of import, and those additional requirements specified in FAR 21, Subpart L, the issue of an export airworthiness approval does not attest to compliance with any requirements which may go beyond the MINIMUM airworthiness standards of the regulations governing domestic certification and maintenance of U.S. aircraft.
The FAA considers that any additional requirement of the importer is a matter for settlement between the importer and the U.S. exporter. This is particularly important where USED products are concerned.
4. FAR 21.327 Application. Samples of Application for Export Certificate of Airworthiness, FAA Form 8130-1, are shown in Appendix 1. Part I of the application should be completed for Class I products and Part II for Class II products. Class II products being exported by production certiapplication. In these cases, oral application or request should be made to the appropriate FAA designated representative, Subparagraph (a) and
(b) below provide information regarding completion of Parts I and II of the application.
a • PART I - (For Class I products)
(1) Export Certificate No. - Leave blank.
(2) Items 1 through 4 - Self-explanatory.
(3) Item 5 Description of Products) _- Self-explanatory, except as follows:
* For an aircraft not under U.S. registry, insert in the "Identification No." block the nationality and registration marks supplied by the country of registry or intended registry and which are displayed on the aircraft. For U.S.
registered aircraft, insert the identification marks as assigned under FAR Part 47. Any questions concerning the marking requirements of the importing country should be resolved between the exporter/importer and the civil air authority of that country.
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Page 4 AC 21-2B CHG 1 11/13/70
(b) Under "FAA Spec. No." insert the pertinent specification number or the type certificate data sheet number, whichever is applicable.
(c) Under operating time "since overhaul" and "total," leave blank for new products. For used aircraft, insert the operating hours since the annual type inspection required by FAR 21.329, and the total time in service. Since used engines and propellers must have been newly overhauled, under FAR 21.329(e), the operating time since overhaul would reflect only run-in time as required to complete the overhaul process.
(d) For aircraft, the engine blocks and, if applicable, the propeller blocks should also be completed.
Item 6. Applicable to new aircraft, to used aircraft being certificated for the first time, and to the operational flight check of used aircraft following major repairs, modifications, or alterations, as required by FAR 91,167.
(5) Items 7 and 8. These items are self-explanatory; however, if the "No" box is checked, explain the deviations in Item 10 and attach the original or true copy of covering statements, obtained from the civil air authority of the importing country, that the product will be acceptable with the deviations listed on the Export Certificate of Airworthiness.
(6) Item 9. Although special corrosion and damage preventative treatment for products being exported via overseas shipment is not required by the regulation, this item provides a means of officially documenting the status of such treatment as required by the regulation. It is recommended that such products always be appropriately treated for corrosion and damage prevention.
(7) Item 10 Remarks. This space is to be used to convey the information required under items 7 and 8 and as additionally required by the regulation. This space may also be used by the exporter to convey any other infomation he feels is pertinent to facilitate issuance of the export airworthiness approval. Additional sheets may be attached as necessary and appropriately crossreferenced. In addition, list the documentation required by the regulation to be submitted with the application. After review by the fAA representative, those documents which are required to be furnished to the importing country under FAR
21.335 will be returned to the applicant.
AC 21-2฿ CHG 1 Page 5 11/13/70 Item 11 Exporter's Certification. This certification is to be dated and signed in ink by the exporter. The name of the person signing the application is to be typed or printed on form. If the person signing the application is the exporter's representative, insert the representative's title in the space provided.
b. PART II - (For Class II products)
(1) Items 12 through 15, are self explanatory.
(2) Item 16 Parts are Eligible on: Insert the make and model of the aircrait, engine, or propeiler on which the Class Il products (parts) are eligible for installation, and the FAA specifications or type certificate data sheets applicable to such aircraft, engine, or propeller.
(3) Item 17. Self-explanatory.
Item 18. This item provides for the description and listing of the Class II products (parts) being exported. If the quantity and variety of parts are too voluminous to list in the space provided, check the first block and, on the line provided, specifically identify (and attach) the exporter's shipping document covering the parts concerned. Otherwise, check the second block and list the parts in the space provided. in either case, if more than one type of Class II product is involved, they are to be listed according to the Class I product to which they pertain. Also list serial numbers or equivalent means of identifying each physical product.
(5) Item 19. Exporter's Certification. This certification is to be dated and signed in ink by the exporter. The name of the person signing the application is to be typed or printed on the form. If the person signing the application is the exporter's representative, insert the representative's title in the space provided.
5. FAR 21.329, Issue of Export Certificates of Airworthiness, FAA Form 8130-4, for Class I Products. Under the provisions of this Section, an aircraft of U.S. manufacture need not already possess a standard or restricted airworthiness certificate, but it is required to meet the requirements FOR such a certificate, as applicable. On the other hand, an aircraft of foreign manufacture is required to possess a valid U.S.
STANDARD airworthiness certificate issued under the provisions of FAR 21.183 (c).