# AC 21-42: Transition Document for 14 CFR Parts 1, 21, 43, and 45

- Type: Advisory circular (guidance, not mandatory unless a rule or AD requires it)
- Status: Historical
- Approved: October 16, 2009
- Last reviewed: July 10, 2012
- Family: AC 21-42
- 14 CFR parts: 1, 21, 43, 45, 91, 119, 125, 135
- 14 CFR sections: [1.1](https://www.ecfr.gov/current/title-14/section-1.1), [1.2](https://www.ecfr.gov/current/title-14/section-1.2), [21.1](https://www.ecfr.gov/current/title-14/section-21.1), [21.2](https://www.ecfr.gov/current/title-14/section-21.2), [21.3](https://www.ecfr.gov/current/title-14/section-21.3), [21.5](https://www.ecfr.gov/current/title-14/section-21.5), [21.6](https://www.ecfr.gov/current/title-14/section-21.6), [21.8](https://www.ecfr.gov/current/title-14/section-21.8), [21.9](https://www.ecfr.gov/current/title-14/section-21.9), [21.15](https://www.ecfr.gov/current/title-14/section-21.15), [21.20](https://www.ecfr.gov/current/title-14/section-21.20), [21.21](https://www.ecfr.gov/current/title-14/section-21.21), [21.25](https://www.ecfr.gov/current/title-14/section-21.25), [21.27](https://www.ecfr.gov/current/title-14/section-21.27), [21.29](https://www.ecfr.gov/current/title-14/section-21.29), [21.33](https://www.ecfr.gov/current/title-14/section-21.33), [21.45](https://www.ecfr.gov/current/title-14/section-21.45), [21.47](https://www.ecfr.gov/current/title-14/section-21.47), [21.50](https://www.ecfr.gov/current/title-14/section-21.50), [21.53](https://www.ecfr.gov/current/title-14/section-21.53), [21.73](https://www.ecfr.gov/current/title-14/section-21.73), [21.75](https://www.ecfr.gov/current/title-14/section-21.75), [21.97](https://www.ecfr.gov/current/title-14/section-21.97), [21.113](https://www.ecfr.gov/current/title-14/section-21.113), [21.117](https://www.ecfr.gov/current/title-14/section-21.117), [21.119](https://www.ecfr.gov/current/title-14/section-21.119), [21.122](https://www.ecfr.gov/current/title-14/section-21.122), [21.123](https://www.ecfr.gov/current/title-14/section-21.123), [21.125](https://www.ecfr.gov/current/title-14/section-21.125), [21.127](https://www.ecfr.gov/current/title-14/section-21.127), [21.128](https://www.ecfr.gov/current/title-14/section-21.128), [21.130](https://www.ecfr.gov/current/title-14/section-21.130), [21.131](https://www.ecfr.gov/current/title-14/section-21.131), [21.132](https://www.ecfr.gov/current/title-14/section-21.132), [21.133](https://www.ecfr.gov/current/title-14/section-21.133), [21.134](https://www.ecfr.gov/current/title-14/section-21.134), [21.135](https://www.ecfr.gov/current/title-14/section-21.135), [21.136](https://www.ecfr.gov/current/title-14/section-21.136), [21.137](https://www.ecfr.gov/current/title-14/section-21.137), [21.138](https://www.ecfr.gov/current/title-14/section-21.138), [21.139](https://www.ecfr.gov/current/title-14/section-21.139), [21.140](https://www.ecfr.gov/current/title-14/section-21.140), [21.141](https://www.ecfr.gov/current/title-14/section-21.141), [21.142](https://www.ecfr.gov/current/title-14/section-21.142), [21.143](https://www.ecfr.gov/current/title-14/section-21.143), [21.144](https://www.ecfr.gov/current/title-14/section-21.144), [21.145](https://www.ecfr.gov/current/title-14/section-21.145), [21.146](https://www.ecfr.gov/current/title-14/section-21.146), [21.147](https://www.ecfr.gov/current/title-14/section-21.147), [21.148](https://www.ecfr.gov/current/title-14/section-21.148), [21.149](https://www.ecfr.gov/current/title-14/section-21.149), [21.150](https://www.ecfr.gov/current/title-14/section-21.150), [21.151](https://www.ecfr.gov/current/title-14/section-21.151), [21.152](https://www.ecfr.gov/current/title-14/section-21.152), [21.153](https://www.ecfr.gov/current/title-14/section-21.153), [21.154](https://www.ecfr.gov/current/title-14/section-21.154), [21.155](https://www.ecfr.gov/current/title-14/section-21.155), [21.156](https://www.ecfr.gov/current/title-14/section-21.156), [21.157](https://www.ecfr.gov/current/title-14/section-21.157), [21.158](https://www.ecfr.gov/current/title-14/section-21.158), [21.159](https://www.ecfr.gov/current/title-14/section-21.159), [21.160](https://www.ecfr.gov/current/title-14/section-21.160), [21.161](https://www.ecfr.gov/current/title-14/section-21.161), [21.162](https://www.ecfr.gov/current/title-14/section-21.162), [21.163](https://www.ecfr.gov/current/title-14/section-21.163), [21.183](https://www.ecfr.gov/current/title-14/section-21.183), [21.185](https://www.ecfr.gov/current/title-14/section-21.185), [21.195](https://www.ecfr.gov/current/title-14/section-21.195), [21.197](https://www.ecfr.gov/current/title-14/section-21.197), [21.223](https://www.ecfr.gov/current/title-14/section-21.223), [21.225](https://www.ecfr.gov/current/title-14/section-21.225), [21.231](https://www.ecfr.gov/current/title-14/section-21.231), [21.251](https://www.ecfr.gov/current/title-14/section-21.251), [21.253](https://www.ecfr.gov/current/title-14/section-21.253), [21.267](https://www.ecfr.gov/current/title-14/section-21.267), [21.271](https://www.ecfr.gov/current/title-14/section-21.271), [21.293](https://www.ecfr.gov/current/title-14/section-21.293), [21.303](https://www.ecfr.gov/current/title-14/section-21.303), [21.305](https://www.ecfr.gov/current/title-14/section-21.305), [21.307](https://www.ecfr.gov/current/title-14/section-21.307), [21.308](https://www.ecfr.gov/current/title-14/section-21.308), [21.309](https://www.ecfr.gov/current/title-14/section-21.309), [21.310](https://www.ecfr.gov/current/title-14/section-21.310), [21.311](https://www.ecfr.gov/current/title-14/section-21.311), [21.314](https://www.ecfr.gov/current/title-14/section-21.314), [21.316](https://www.ecfr.gov/current/title-14/section-21.316), [21.320](https://www.ecfr.gov/current/title-14/section-21.320), [21.321](https://www.ecfr.gov/current/title-14/section-21.321), [21.325](https://www.ecfr.gov/current/title-14/section-21.325), [21.327](https://www.ecfr.gov/current/title-14/section-21.327), [21.329](https://www.ecfr.gov/current/title-14/section-21.329), [21.331](https://www.ecfr.gov/current/title-14/section-21.331), [21.335](https://www.ecfr.gov/current/title-14/section-21.335), [21.500](https://www.ecfr.gov/current/title-14/section-21.500), [21.502](https://www.ecfr.gov/current/title-14/section-21.502), [21.601](https://www.ecfr.gov/current/title-14/section-21.601), [21.605](https://www.ecfr.gov/current/title-14/section-21.605), [21.607](https://www.ecfr.gov/current/title-14/section-21.607), [21.608](https://www.ecfr.gov/current/title-14/section-21.608), [21.609](https://www.ecfr.gov/current/title-14/section-21.609), [21.610](https://www.ecfr.gov/current/title-14/section-21.610), [21.611](https://www.ecfr.gov/current/title-14/section-21.611), [21.614](https://www.ecfr.gov/current/title-14/section-21.614), [21.616](https://www.ecfr.gov/current/title-14/section-21.616), [21.620](https://www.ecfr.gov/current/title-14/section-21.620), [21.621](https://www.ecfr.gov/current/title-14/section-21.621), [43.2](https://www.ecfr.gov/current/title-14/section-43.2), [43.3](https://www.ecfr.gov/current/title-14/section-43.3), [43.15](https://www.ecfr.gov/current/title-14/section-43.15), [45.1](https://www.ecfr.gov/current/title-14/section-45.1), [45.10](https://www.ecfr.gov/current/title-14/section-45.10), [45.11](https://www.ecfr.gov/current/title-14/section-45.11), [45.13](https://www.ecfr.gov/current/title-14/section-45.13), [45.14](https://www.ecfr.gov/current/title-14/section-45.14), [45.15](https://www.ecfr.gov/current/title-14/section-45.15), [45.16](https://www.ecfr.gov/current/title-14/section-45.16), [135.411](https://www.ecfr.gov/current/title-14/section-135.411)
- Pages: 26
- PDF: https://openairdocs.org/files/sha256/34/b6/34b62b02015caed0bf499a73bd34c820b20f11944701ba57b67a981dfd6c77f7
- FAA DRS: https://drs.faa.gov/browse/excelExternalWindow/202CFF8BA4D9E26E8625765100592030.0001
- DRS record last changed: November 21, 2025
- Page: https://openairdocs.org/ac/21-42

## Versions

- [AC 21-42](https://openairdocs.org/ac/21-42) (Historical), approved Oct 16, 2009, 26 pages

## Text

Each page's text from the PDF; open the PDF at a page with #page=N.

### Page 1

Advisory Circular

Subject: Transition Document for 14 CFR Parts 1, 21, 43, and 45 Date: 10/16/09 Initiated by: AIR-200 AC No: 21-42

1. Purpose.

a. This advisory circular (AC) provides information about Title 14, Code of Federal Regulations (14 CFR), part 21, Certification Procedures for Products, Articles, and Parts (part 21). The intent of this AC is to briefly describe the following changes and to facilitate the transition from the former part 21 rule to the new part 21 rule published in the Federal Register under docket number FAA-2006-25877-0114. The summary information in this AC is not a substitute for the text of the adopted CFRs, and persons subject to those rules should refer to the cited CFRs for exact compliance requirements.

Also, while this AC summarizes some of the reasons for the rule changes, the complete description of the intent of these changes can be found in the Federal Register preamble for the rule.

(1) This AC provides information concerning changes to the following parts as they relate to the revised part 21 rule: 14 CFR part 1, Definitions and Abbreviations;

14 CFR part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration;

and 14 CFR part 45, Identification and Registration Marking.

(2) This AC provides information for both an applicant for and a holder of a production approval, and refers to both as a PAH. This information includes instructions on how to develop and maintain their quality system.

b. This AC is not mandatory and does not constitute a regulation. This AC describes an acceptable means, but not the only means, to comply with these requirements.

However, if you use the means described in the AC, you must follow it in all important respects.

### Page 2

2. Audience. This AC affects PAHs seeking information concerning the new requirements of part 21 and their impact on certification procedures for products, articles, and parts.

3. Effective Date. This AC is effective 180 days after publication of Production and Airworthiness Approvals, Part Marking, and Miscellaneous Amendments; Final Rule in the Federal Register under docket number FAA-2006-25877-0114.

4. Compliance Dates for the New Parts 1, 21, 43, and 45 Rules.

a. The rule becomes effective 180 days after publication in the Federal Register. The compliance date for part 1, part 21 (subparts H, I, L, and N), and part 45 (§§ 45.11 and

45.13) rules is 180 days after publication of the final rule in the Federal Register. Within this AC, each of these sections has been labeled in bold, “180-day compliance requirement.”

b. The compliance date for all other amendments to the rule is 18 months after publication of the final rule in the Federal Register.

c. PAHs are not required to comply with the new rules until they become effective. It is, however, acceptable if a PAH is currently in compliance with the existing rule and coincidentally also meets the requirements of the new rule.

d. It is also acceptable for a PAH to comply, before the compliance date, with portions of the new rule that do not compromise their compliance to the existing rule.

Once the compliance dates arrive, the PAH must be compliant with the new rule as discussed in the final rule preamble under section II C, Compliance Dates. To clarify further—

(1) Under new subparts G, K, and O (§§ 21.137, 21.307, and 21.607, respectively), quality system requirements are standardized for all PAHs. These new sections require that the quality system be described in writing and include elements specified in paragraphs (a) through (n) of those sections.

(2) Under new subparts G, K, and O (§§ 21.138, 21.308, and 21.608, respectively), the requirement for quality manuals is also standardized for all PAHs. These sections require PAHs to provide a manual describing their quality system for FAA approval.

Because current subparts G (Production Certificates) and O (Technical Standard Order Authorizations) require an “approved” quality system, a number of PAHs already have “approved” quality data and procedure documents. This however, is not the case for parts manufacturer approvals (PMA) operating under current subpart K, Approval of Materials, Parts, Processes, and Appliances. Current subpart K PMAs operate under a fabrication inspection system (FIS) and their manuals have been “accepted” by the FAA, rather than “approved.”

### Page 3

(3) Under the new rule, the required approved quality manual will be the vehicle through which all PAHs describe their quality system elements. The quality system elements required by new § 21.137, § 21.307, or § 21.607 do not conflict with the existing rule. In fact many PAHs already have systems in place that address most or all of these elements.

e. PAHs who chose to comply early with the new rule may implement the requirements of new § 21.137, § 21.307, or § 21.607 before the 18-month compliance date, as long as they continue to operate in compliance with the existing rule. For instance, production certificate (PC) holders and technical standard order (TSO) authorization holders who have an “approved” quality manual under the existing rule would simply determine what changes to their existing quality manual are necessary to comply with the new rule and then submit those changes as updates to that quality manual. Moreover, a PMA who operates under a FIS rather than a quality system would simply submit updates to its FIS in accordance with the existing rule. All PAHs are required to submit their updates under the existing rule and to follow the current change submission criteria or standing agreement they may have with the FAA.

f. These same PAHs may simultaneously document these updates in their revised or newly created quality manual, which are require to be provided to the FAA for approval under the new §§ 21.138, 21.308, and 21.608 before the compliance date of the new rule.

This transition is further discussed under paragraph 5 of this AC. A proactive approach will greatly facilitate a PAH’s transition to the new rule requirements discussed below in paragraph 5.

g. You should contact your local Manufacturing Inspection District Office (MIDO) if you need further clarification regarding these compliance dates.

5. PAH Transition. As a PAH, you should—

a. Review your current quality system and note the differences between your existing system and the new quality system requirements. You should strive to do this as soon as possible once the final rule has been published in the Federal Register.

b. Revise your quality manual to address the requirements that will make your quality system compliant with the new rule. PAHs who do not have an approved quality manual are required by §§ 21.138, 21.308, or 21.608 to create one. PAHs are required to revise or create a new quality manual before the 18-month compliance date and provide that manual to the FAA for approval. In addition to the quality system elements required by new §§ 21.137, 21.307, and 21.607 you are encouraged to also include the following in your quality manual:

(1) A process to report failures, malfunctions, and defects as required by 21.3.

(2) A process to amend the organiza tion description document as required by new subparts G, K, and O §§ 21.146, 21.316, or 21.616.

### Page 4

(3) A process to immediately notify the FAA in writing of changes to the quality system that may affect the inspection, conformity, or airworthiness of its product or article as required by new subparts G, K, and O §§ 21.150, 21.320, and 21.620.

c. Provide the FAA with an organization description document before the 18-month compliance date, as required by §§ 21.135, 21.305, or 21.605.

d. Work with your certificate managing office to achieve and finalize your transition efforts. Contact your managing office as soon as possible to coordinate the submittal and review of your revised or new quality manual and your organization description document. In addition, the following should be kept in mind:

(1) To facilitate the timely review and approval of your quality manual, the FAA recommends that you submit your manual and organization description document well in advance of the 18-month compliance date. Coordinate with your managing office to determine which delivery method and media type will best accommodate the submission and review of your quality manual. Facsimile and email are permissible for the organization description document, provided a hardcopy follows.

(2) You may not operate under your revised or new quality manual (that has been created for the purpose of compliance with the new rule) until it has been approved by the FAA and reaches its effective date. As discussed above in paragraph 4, you may operate under your revised approved or accepted quality manual when following the current change submission criteria or any standing agreement that you may have with the FAA.

(3) A quality manual developed for the new part 21 rule may be approved before the effective date of the rule, provided the effective date of the manual is 04/16/2011 (18- month compliance date or later). The FAA will strive to review and approve all submitted manuals by the 18-month compliance date.

(4) Manuals submitted too near the compliance date could result in some manuals not being approved until after the compliance date. If you do not meet the requirements of § 21.135, § 21.305, or § 21.605 and § 21.138, § 21.308, or § 21.608 by the 18-month compliance date, your organization could be identified for immediate certificate management activity and possible enforcement action.

e. Prepare for your scheduled certificate management activity. During this activity the FAA will determine your actual compliance by evaluating your current quality system and your revised or new quality manual against the new part 21 rule.

f. Review the information concerning PAHs found in AC 21-43, Production Under 14 CFR Part 21, Subparts F, G, K, and O.

### Page 5

6. Global Amendments. A global amendment replaces one term or phrase with another throughout an entire document. In addition to the specific revisions discussed in paragraphs 8 through 25 of this AC, the following global amendments were made to the part 21 rule:

a. Remove the phrase “Federal Aviation Regulations.” The rule follows Federal Register direction not to use this generic reference in the regulations, and thus replace “Federal Aviation Regulations” and its abbreviation “FAR” with more specific references such as “this subchapter,” “this title,” “14 CFR,” or “49 U.S.C.”

b. Apply the definition of “article” in new § 21.1(b)(2) throughout part 21. “Article” simplifies regulatory language when referring to materials, parts, components, processes, or appliances.

c. Add the phrase “or jurisdiction” to existing references to agreements between the United States and other countries, clarifying that these agreements are not always with other countries.

d. Define and globally apply the terms “State of Design” and “State of Manufacture.”

e. Apply new part 1 abbreviations for PMA and TSO to new parts 21 and 45. The rule uses longstanding and widely understood abbreviations to simplify the language of the regulations.

f. Replace the phrase “quality control system” with “quality system.” The term “quality control” commonly refers to a specific discipline within the broader discipline of quality. The new rule clarifies that part 21 quality requirements apply to the PAH’s entire organization.

g. Remove references to FAA form numbers. Since FAA form numbers are subject to change, the FAA does not consider it appropriate to refer to such numbers in the regulations. Form numbers will be more appropriately controlled through agency directives.

h. Replace the word “Administrator” with “FAA.” The new rule uses simple, clear language.

i. Replace the word “shall” with the word “must.”

j. Replace the masculine pronouns “he” and “his” with gender-neutral terms. The new rule uses plain language.

7. Part 1, Definitions and Abbreviations. (180-day compliance requirement)

a. Section 1.1, General definitions. The rule changes the definition of “approved” by removing the word “Administrator” and replacing it with the abbreviation “FAA.” It expands the definition to include “any person to whom the FAA has delegated its 5

### Page 6

authority in the matter concerned, or approved under the provisions of a bilateral agreement between the United States and a foreign country or jurisdiction.” The intent of this rule is to clarify that data approved by a foreign authority within the scope of an applicable bilateral agreement does not require further FAA approval. Furthermore, the term “jurisdiction” applies to entities, such as the European Union (EU), that are not countries.

b. Section 1.2, Abbreviations and symbols. The rule revises this section by adding the abbreviations for PMA and TSO in alphabetical order.

8. Part 21, Subpart A, General.

a. Section 21.1, Applicability and definitions. The new rule revises this section’s heading to include the word “definitions” in order to reflect the section’s content more clearly. It also revises the list of definitions for part 21. Additional paragraphs in this section are revised as described in the following table:

Paragraph Revision

21.1(a)(1) Provides procedural requirements for issuing and changing the following types of approvals or certificates that part 21 addresses:

• Design approvals

• Production approvals

• Airworthiness certificates

• Airworthiness approvals

21.1(a)(2) Imposes procedural requirements on applicants for (in addition to holders of) any approvals or certificates specified in § 21.1(a)(1).

21.1(b) Provides in paragraphs (b)(1) through (b)(8) definitions for the following terms applicable to part 21:

• Airworthiness approval

• Article

• Commercial part

• Design approval

• Product

• Production approval

• State of Design

• State of Manufacture 6

### Page 7

b. Section 21.2, Falsification of applications, reports, or records. Paragraphs in this section are revised as described in the following table:

Paragraph Revision

21.2(a)(1) and (a)(2) Adds that a “misleading statement” may be treated as seriously as a fraudulent or intentionally false statement. In addition, § 21.2 (a)(2) now encompasses “any record or report that is required to be kept, made, or used to show compliance with any requirement of this part.”

21.2(b) Defines consequences for committing prohibited actions that occur before a certificate or approval is issued. Paragraph (b) expands the consequences for committing prohibited actions to include denying issuance of any certificate or approval under this part. This change clarifies the FAA’s right to deny issuance of certificates or approvals when the prohibited actions occur before the FAA issues the certificate or approval.

c. Section 21.3, Reporting of failures, malfunctions, and defects. Paragraphs in this section are revised as described in the following table:

Paragraph Revision

21.3(d)(2) Clarifies that approvals, not type certificates (TC), are issued under proposed § 21.621.

21.3(e)(3) Replaces specific product and article marking requirements with a reference to the new part 45 where these marking requirements are defined. The FAA’s intent is to—

• Consolidate marking requirements into part 45, and

• Expand reporting requirements to include all applicable product and article marking information required by part 45. This will enhance the FAA’s ability to respond to service difficulty reports.

21.3(f) Expands reporting requirements to all PAHs.

d. Section 21.5, Airplane or rotorcraft flight manual. The rule revises this section to incorporate global language amendments listed in paragraph 6 of this AC.

Section 21.5 has been expanded to now apply to the holders of amended type certificates.

e. Section 21.8, Approval of articles. The rule relocates the requirements of former § 21.305, Approval of materials, parts, processes, and appliances, to the new § 21.8 in subpart A. We also deleted the text of the second and third sentences of former § 21.305(b) because it was advisory in nature. Former § 21.305(b) referenced AC 20-110 7

### Page 8

and how to obtain copies of that AC. The requirements of former § 21.305 are directed to all persons and more appropriately belong in a general subpart. Finally, the relocation allows subpart K to address PMA requirements only.

f. Section 21.9, Replacement and modification articles. The rule relocates the requirements of former §21.303, Replacement and modification parts, to the new § 21.9 in subpart A. Paragraphs in this section are revised as described in the following table:

Paragraph Revision

21.9(a) Amends subpart A by relocating former § 21.303(a) and (b) from subpart K and combining the information into one paragraph under new § 21.9(a). The intent of this change is to—

• Provide a more appropriate location for this requirement. This requirement is directed to all persons and more appropriately belongs in a general subpart instead of subpart K. This requirement also allows the FAA to limit subpart K to PMA requirements only; and

• Amend relocated paragraph §21.303(a) to prohibit a person (who knows or should know that a replacement or modification article is reasonably likely to be installed on a type-certificated product) from producing that article unless they do so in accordance with the requirements established in § 21.9(a)(1) through (6).

21.9(a)(4) Adds a new category called “commercial parts” for use as replacement and modification articles as defined in § 21.1(b).

21.9(a)(6) Adds an exception for replacement or modification articles produced and installed on a product or article under revised part 43.

21.9(b) Prohibits a person, who produces a replacement or modification article for sale, from representing that article as suitable for installation on a type-certificated product, except under the provisions of proposed § 21.9(a)(1) and (a)(2).

21.9(c) Adds the provision for surplus U.S. Armed Forces articles used on certificated U.S. Armed Forces surplus aircraft.

9. Part 21, Subpart B, Type Certificates.

a. Section 21.15, Application for type certificate. The rule amends § 21.15(a) by replacing “Aircraft Certification Office” with “aircraft certification office.” The intent of this change is meant generically to include other offices that are not titled Aircraft Certification Office, such as the Engine Certification Office and, for import products, the Standards Staff of an FAA directorate.

### Page 9

b. Section 21.20, Compliance with applicable requirements. The rule amends subpart B by creating the new § 21.20. This section requires an applicant for a TC (including amended or supplemental type certificates (STC)) to show compliance with all applicable requirements, and to provide the FAA the means by which such compliance has been shown. Under § 21.20 an applicant for a production approval is required to provide a statement certifying that it has complied with the applicable requirements of this section. The intent of this change is to emphasize that it is the applicant, not the FAA, who is responsible for satisfying all applicable requirements.

c. Section 21.21, Issue of type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft;

aircraft engines; propellers. The rule revises this section to incorporate the global language amendments listed in paragraph 6 of this AC.

d. Section 21.27, Issue of type certificate: surplus aircraft of the Armed Forces.

The rule revises this section to incorporate global language amendments listed in paragraph 6 of this AC.

e. Section 21.29, Issue of type certificate: import products. The rule revises this section to incorporate global language amendments listed in paragraph 6 of this AC.

f. Section 21.33, Inspection and tests. The rule revises this section to incorporate global language amendments listed in paragraph 6 of this AC.

g. Section 21.45, Privileges. The rule amends paragraph (b) in order to correct a typographical error. The words “or certified” are changed to “on certificated.” Also, the words “§§21.133 through 21.163” found in paragraph (c) have been replaced with “subpart G of this part.”

h. Section 21.47, Transferability.

(1) The rule revises this section to change the timing requirement regarding the notification for TC transfers in cases where the State of Design remains the same. The rule also revises this section to change the timing requirement for TC licensing agreements. Before this rule, the FAA required each holder of an FAA TC to notify the FAA within 30 days after the transfer of a certificate or execution or termination of a licensing agreement. The FAA now requires notification before the transfer or before executing or terminating a licensing agreement. This will provide the FAA with adequate time to coordinate between affected offices and to inform the prospective applicant of its responsibilities under this subchapter.

(2) This section is also revised to require a holder of a FAA TC to notify the FAA of a transfer in cases where the State of Design is changing before the transfer occurs.

Transferring a TC where the State of Design is changing requires FAA coordination with the aviation authority of the prospective State of Design. This is necessary to identify the detailed requirements in support of the transfer and to reduce any burden on the FAA for managing the certificate. This change is intended to provide the FAA with adequate time 9

### Page 10

to coordinate with the aviation authority of a prospective State of Design to support and execute a TC transfer. This coordination is consistent with the applicable International Civil Aviation Organization (ICAO) airworthiness manual.

i. Section 21.50, Instructions for continued airworthiness and manufacturer’s maintenance manuals having airworthiness limitations sections.

(1) This rule revises § 21.50 to require a design approval holder to submit to the FAA a list of parts it has designated as commercial pursuant to the provisions of § 21.50(c).

(2) The FAA may find that a part will be designated as a commercial part if the design approval holder (1) provides data to the FAA showing that the failure of the commercial part, as installed in the product, would not degrade the level of safety of the product; (2) shows the part is produced only under the commercial part manufacturer’s specification and marked with only the commercial part manufacturer’s markings;

and (3) provides any other data the FAA requires to approve the Commercial Parts List.

j. Section 21.53, Statement of conformity. The rule amends this section by revising paragraph (a) to remove “(FAA Form 317).” This form is obsolete and has been replaced by FAA Form 8130-9. The removal of FAA form numbers from the rule is discussed under paragraph 6 of this AC. In addition, paragraph (a) has been amended to improve clarity by removing the words “conforms to the type design therefore” and replacing them with “conforms to its type design.”

10. Part 21, Subpart C, Provisional Type Certificates.

a. Section 21.73, Eligibility. The rule amends this section by replacing the words “Any manufacturer of aircraft manufactured in a foreign country with which the United States has an agreement” in paragraph (b) with “Any manufacturer of aircraft in a State of Manufacture subject to the provisions of an agreement with the United States.”

The intent of this change is to improve the clarity of the text.

b. Section 21.75, Application. The rule revises this section to remove detailed requirements related to where an applicant is required to submit an application for a provisional type certificate and instead requires submission to the appropriate aircraft certification office. The intent of this change is to provide flexibility to the FAA in managing the provisional type certification process. The new rule enables more efficient and effective use of FAA resources and is consistent with the open application process used for other design approvals.

### Page 11

11. Part 21, Subpart D, Changes to Type Certificates. The rule revises § 21.97, Approval of major changes in type design, and the intent of this change is discussed under § 21.20 (paragraph 9b. of this AC). The rule revises § 21.97(a) to require an applicant for approval of a major change in type design to—

a. Show that the changed product complies with the applicable requirements of this subchapter,

b. Provide the FAA the means by which such compliance has been shown, and

c. Provide a statement certifying the applicant has complied with the applicable requirements.

12. Part 21, Subpart E, Supplemental Type Certificates.

a. Section 21.113, Requirement of supplemental type certificate. The rule amends this section to require submission of an application for an STC to the “appropriate aircraft certification office” instead of to the “Administrator.” The intent of this change is to provide flexibility to the FAA in managing the STC process. The rule enables more efficient and effective use of FAA resources and is consistent with the open application process used for other design approvals.

b. Section 21.117, Issue of supplemental type certificates. The rule amends § 21.117 by replacing the words “if he” in paragraph (a) with “if the FAA finds that the applicant.” The intent of this change is to clarify that issuance of an STC occurs only after the FAA makes a finding of compliance with the applicable regulations.

c. Section 21.119, Privileges. The rule amends § 21.119(c) to clarify that the holder of an STC may obtain a PC for a type design change approved by that STC. This may occur only if the STC holder meets the requirements of subpart G (Production Certificates) pertaining to the issuance of PCs. The intent of this change is to clarify that issuance of a PC occurs only after the FAA makes a finding of compliance in accordance with applicable regulations.

13. Part 21, Subpart F, Production Under Type Certificate Only.

a. Section 21.122, Location of or change to manufacturing facilities. The rule amends subpart F by adding a new § 21.122 and incorporating the requirements of current § 21.139.

(1) Section 21.122(a) clarifies and relieves requirements related to the location of manufacturing facilities for production under a TC. The FAA considered amending subpart F to clarify that it does not apply to manufacturing outside of the United States.

However, the FAA decided instead that we might allow manufacturing under a TC outside of the United States as long as it causes no undue burden on the FAA.

### Page 12

(2) Section 21.122(b) requires a TC holder to obtain FAA approval before making changes to the location of any of its manufacturing facilities.

(3) Section 21.122(c) requires a TC holder to immediately notify the FAA, in writing, of any changes to its manufacturing facility that may affect the inspection, conformity, or airworthiness of the TC holder’s products or articles thereof.

b. Section 21.123, Production under type certificate. The rule revises the introductory text of this section to include manufacturers of articles to clarify that the holder of a TC is authorized to manufacture articles for its type-certificated products.

This section has been further revised to—

(1) Remove language requiring technical data and drawings to be maintained at the place of manufacture, and replaces it with references to sections where that information is defined more thoroughly.

(2) Add paragraph (b) to require that a TC holder make each article available to the FAA for inspection. This is in addition to the existing requirement to make each product available.

(3) Change paragraph (c) to require each manufacturer of a product or article under a TC to maintain records of the completion of all inspections and tests for a specified period of time. These records will enable the TC holder to prove to the FAA that it has properly completed and documented all required inspections and tests to ensure compliance with this subpart.

(4) Increase the records retention requirement in paragraph (c) for persons producing under a TC, from 2 years to at least 5 years for products and articles manufactured under the approval. For critical components identified under § 45.15(c) of this chapter, the record retention requirement is at least 10 years. The beginning of the 5-year or 10-year retention for a given product or article would correspond to the manufacturing completion date for that product or article.

(5) Add paragraph (d) to require each manufacturer of a product or article manufactured under a TC to allow the FAA to make any inspection or test necessary to determine compliance with the subchapter. This includes any inspection or test at a supplier facility.

(6) Add paragraph (e) to require each manufacturer of a product manufactured under a TC to mark the product or any critical parts in accordance with part 45.

(7) Add paragraph (f), which requires each manufacturer of a product manufactured under a TC to identify any portion of that product (for example, subassemblies, component parts, or replacement articles) that leaves the manufacturer’s facility as FAA-approved with the manufacturer’s part number and name, trademark, symbol, or other FAA-approved manufacturer’s identification.

### Page 13

(8) Remove previous paragraphs (c) and (d) and replace them with paragraph (g) to eliminate production under an Approved Production Inspection System (APIS). This change also requires TC holders to obtain a PC for that product, in accordance with subpart G of this part, within 6 months after the date of issuance of the TC.

c. Section 21.125, Production inspection system: Materials Review Board. This section was removed. The FAA no longer requires or allows production under an APIS.

Applicants who choose to produce products or articles must apply for a PC within 6 months of receiving their TC in accordance with § 21.123(g). In doing so, they must comply with the quality system requirements outlined in new § 21.137, § 21.307, or § 21.607, respectively.

d. Section 21.130, Statement of conformity.

(1) The rule extends the applicability of the required statement of conformity for products manufactured in the United States, to products manufactured outside the United States (including articles for which a TC was issued). It redefines the content for, and conditions for which the statement of conformity is required to be submitted.

(2) The rule deletes from this section those redundant requirements found in §§ 21.127(a), 21.128, and 21.129, while retaining the conformity statement requirement of § 21.130.

(3) The rule removes language from § 21.130 that relieves a manufacturer from providing a statement of conformity for products manufactured for the Armed Forces, if that Armed Force had accepted the product. This rule removes that allowance and remains silent with respect to the Armed Forces. The intent of this change is to make it simpler for an applicant to obtain a standard airworthiness certificate under § 21.183(d) for surplus military aircraft. Having a statement of conformity for that aircraft would satisfy § 21.183(d)(1). Therefore, a TC holder who manufactures products for the Armed Forces may use FAA Form 8130-31, Statement of Conformity — Military Aircraft.

14. Part 21, Subpart G, Production Certificates. Part 21 contains procedural rules related to three kinds of production approvals: PCs in subpart G, PMAs in subpart K, and TSO authorizations in subpart O (Technical Standard Order Authorizations). Before publication of the new part 21 requirements, the rules pertaining to each of these production approvals were significantly different. The new rule eliminates many of these differences and puts forth new requirements that are substantially consistent for all PAHs.

Subparts K and O are referenced throughout various sections of this subpart where these consistencies occur.

a. Section 21.131, Applicability. The rule incorporates revisions in the organization of this section to improve clarity.

### Page 14

b. Section 21.132, Eligibility (previously § 21.133). The rule makes editorial changes to the eligibility requirements for a PC and amends this section by replacing “he” with “that person” in support of plain language.

c. Section 21.133, Application. The rule renumbers former § 21.133(b) as new § 21.133. The intent of this change is to present regulations applicable to all PAHs in subparts G, K, and O using the same format.

d. Section 21.135, Organization (§§ 21.305 and 21.605). The rule requires each applicant for or holder of a PC, PMA, or TSO authorization to submit to the FAA a document describing how its organization will ensure compliance with the provisions of this subpart. At a minimum, the document is required to describe assigned responsibilities and delegated authority, and the functional relationship of those responsible for quality to management and other organizational components.

e. Section 21.137, Quality system (§§ 21.307 and 21.607).

(1) The new rule standardizes the quality system requirements for all PAHs.

Specifically, the new part 21 rule requires that the quality system be described in writing and include elements as specified in § 21.137(a) through (n). (Previously, the quality system requirements for holders of or applicants for PMAs were different from quality system requirements for holders of or applicants for PCs and TSO authorizations.) These requirements are incorporated in subparts K and O, §§ 21.307 and 21.607 respectively, by reference.

(2) These amendments require the PAH to develop a quality system or modify its current system consistent with the size of the PAH and the complexity of the product or article produced, as is the practice today. For example, the FAA would expect a large aircraft manufacturer to have a well developed, complex quality system. In contrast, a small parts manufacturer producing a non-complex article could have a less complex quality system. However, that system is still required to comply with FAA quality system regulations and reflect the needs of the PAH. These amended quality system requirements are now consistent with requirements of other aviation authorities as well as industry best practices.

f. Section 21.138, Quality manual (§§ 21.308 and 21.608). This new section requires each applicant for or holder of a PC, PMA, or TSO authorization to submit to the FAA for approval a quality manual describing its quality system. The intent of the rule is to ensure that regardless of the media used, the quality manual is easily available to PAH and FAA personnel who need to use this documentation to perform their duties. The quality manual—

(1) Must address the quality system requirements of the applicable subpart under which the applicant seeks production approval, and be in the English language and retrievable in a form acceptable to the FAA.

### Page 15

(2) Should address revisions to the quality system, revisions to the quality manual, and a means of tracking revisions to the manual.

g. Section 21.139, Location of or change to manufacturing facilities (§§ 21.309 and 21.609). The new rule standardizes the language of former §§ 21.137,

21.303(g), and 21.601(c) pertaining to the location of manufacturing facilities for a holder of a PC, PMA, and TSO authorization. The intent of this rule is to standardize the requirements governing changes in manufacturing facilities for all PAHs. Manufacturing facilities are those that are listed on the PC and operate under the PAH’s quality system.

A change in a manufacturing facility may be addressed by an approval process instead of a certificate termination and re-application process previously required by former §§ 21.159 and 21.143. This approval process enhances safety by ensuring that the FAA has an appropriate level of oversight of changes to manufacturing facilities for all PAHs.

Specifically, the rule addresses the following:

(1) The rule adds a requirement that PAHs, including those manufacturing under TC only, obtain prior approval from the FAA for changes to the location of any of their manufacturing facilities.

(2) The rule requires that PAHs, including those manufacturing under TC only, immediately notify the FAA, in writing, of any change to their manufacturing facilities that may affect the inspection, conformity, or airworthiness of its products or articles.

(3) The rule does not apply to suppliers. With respect to suppliers, the FAA approves the supplier control procedures a PAH uses in selecting and controlling its suppliers. A change in the supply base would not require the FAA’s approval unless the FAA would incur an undue burden in performing surveillance at the supplier facility (that is, international suppliers).

h. Section 21.140, Inspections and tests (§§ 21.310 and 21.610).

(1) This section standardizes the language of former requirements pertaining to inspections and tests. Those requirements were previously located in §§ 21.157,

21.303(e) introductory text, and 21.615 for an applicant for or a holder of a PC, PMA, and TSO authorization, respectively. The intent of the rule is to use the same language to impart the same meaning.

(2) In addition, the rule amends these requirements to clarify that the scope of these inspections and tests applies to supplier facilities. The intent of the rule is to ensure the FAA has the requisite access to facilities and cooperation of the manufacturer to administer applicable requirements.

i. Section 21.141, Issuance (§§ 21.311 and 21.611). This section standardizes the language of former requirements pertaining to the issuance of a PC, PMA, and TSO authorization (listed in §§ 21.135, 21.303(d), and 21.605(c), respectively). The intent of the rule is to clarify that the issuance of a PC is contingent upon the applicant complying with all portions of subpart G.

### Page 16

j. Section 21.142, Production limitation record. This section is based on previous § 21.151 and clarifies that the PC holder, not an applicant for a PC, is authorized to manufacture the products listed on the production limitation record (PLR). Once an applicant obtains a PC, a PLR is issued, allowing the PC holder to manufacture the products listed on the PLR.

k. Section 21.143, Duration. The requirements of this section were addressed under former § 21.159, which required that a change in the location of the manufacturing facility would render a PC no longer effective. This requirement has been revised. The location of or changes to manufacturing facilities are now addressed under §§ 21.139,

21.309, and 21.609. The new § 21.143 conforms with the statutory language related to the duration of PCs. It maintains that duration requirements of PCs differ from duration requirements of other production approvals.

l. Section 21.144, Transferability (§§ 21.314 and 21.614). This section replaces the former § 21.155 and now states that “the holder of a production certificate may not transfer the production certificate.” This rule change—

(1) Enables the FAA to evaluate proposed changes of PAHs to determine whether ownership or management changes may require a transfer or re-issuance of the production approval.

(2) Standardizes the regulatory language and format of requirements pertaining to transferability of a PC, PMA, and TSO authorization. (These requirements were formerly located in §§ 21.155, 21.303(i), and 21.621.)

m. Section 21.145, Privileges. The rule relocates to this section the privileges afforded to a PC holder, which were previously addressed under § 21.163.

n. Section 21.146, Responsibility of holder (§§ 21.316 and 21.616). This rule standardizes the responsibilities of all PAHs. These requirements are set forth in paragraphs (a) through (h) of §§ 21.146, 21.316, and 21.616. This rule adds two new requirements, which also apply to § 21.123, Production under type certificates:

(1) The first requires PC, PMA, and TSO authorization holders to mark the product or article (including any critical parts) for which they have been granted a certificate or approval in accordance with part 45.

(2) The second requires PC, PMA, and TSO authorization holders to identify any portion of that product or article (for example, subassemblies, component parts, or replacement articles) that leave the manufacturer’s facility as FAA-approved. Such identification includes the manufacturer’s part number and name, trademark, symbol, or other FAA-approved manufacturer’s identification.

### Page 17

o. Section 21.147, Amendment of production certificates. This section revises the heading of former § 21.153 and incorporates minor editorial changes. The editorial changes clarify the requirements of this section and revise cross-references for subsection numbers reflected within the new subpart G.

p. Section 21.150, Changes in quality system (§§ 21.320 and 21.620). Previously § 21.147 required PC holders to notify the FAA of any change that may affect the inspection, conformity, or airworthiness of its product. This rule retains that requirement and now extends it to “articles” in addition to products. In addition to subpart G, we are incorporating this new requirement into subparts K and O, which apply to holders of PMA and TSO authorizations. This change is also discussed under paragraph 13 of this AC.

15. Part 21, Subpart H, Airworthiness Certificates. (180-day compliance requirement)

a. Section 21.183, Issue of standard airworthiness certificates for normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons;

and special classes of aircraft. Paragraphs in this section are revised as described in the following table:

Paragraph Revision

21.183(c) Revised to allow, under certain conditions, the issuance of a standard airworthiness certificate for an aircraft that has a § 21.21 TC, is manufactured outside of the United States, and is imported with an export certificate of airworthiness.

Aircraft type certificated under § 21.21 or § 21.29 are required to be manufactured under the authority of another State of Manufacture, and the FAA is required to determine that there is no undue burden on the FAA. In accordance with the provisions of an agreement with the United States for import of aircraft, the State of Manufacture is required to certify that the aircraft conforms to its type design and is in condition for safe operation at the time of export.

Further, the FAA must find that the aircraft conforms to its type design and is in condition for safe operation. The intent is to facilitate global manufacturing by accepting airworthiness determinations made by a State of Manufacture when the FAA has a bilateral agreement with that country or jurisdiction for the acceptance of aircraft.

### Page 18

Paragraph Revision

21.183(d)(2) Allows aircraft to be inspected in accordance with the performance rules for 100-hour inspections set forth in current § 43.15, or an equivalent performance standard acceptable to the FAA.

The intent of § 21.183(d)(2) is to provide the ability to accept equivalent inspection standards and the corresponding airworthiness determinations from those countries and jurisdictions with which the U.S. has a bilateral agreement. This rule incorporates current policy, is consistent with bilateral practices, and may reduce the cost of importing a used aircraft when duplicate inspection requirements are eliminated.

21.183(d)(3) Global changes, as listed in paragraph 6 of this AC, were made to this part.

b. Section 21.185, Issue of airworthiness certificates for restricted category aircraft. This section revises paragraph (c) to allow, under certain conditions, the issuance of a special airworthiness certificate for a restricted category aircraft that is imported into the United States with an export certificate of airworthiness, provided—

(1) There is a § 21.25 or § 21.29 TC,

(2) The aircraft is manufactured under the authority of another State of Manufacture, and the State of Manufacture certifies that the aircraft conforms to its type design and is in condition for safe operation at the time of export, and

(3) The FAA finds that the aircraft conforms to its type design and is in condition for safe operation.

c. Section 21.195, Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training. Paragraph (d) entitles an applicant to an experimental airworthiness certificate if certain requirements are met.

One requirement, specified in paragraph (d)(2), is that the applicant is required to show that the aircraft has been flown for at least 50 hours, or for at least 5 hours if it is a type-certificated aircraft that has been modified. This rule allows the FAA to reduce operational requirements if the applicant provides adequate justification.

d. Section 21.197, Special flight permits. This section combines the requirements of former §§ 21.197(c)(1) and (c)(2) into a single requirement under new § 21.197(c)(1) for all carriers certificated under 14 CFR part 119 (Certification: Air Carriers and Commercial Operators). The previous § 21.197(c)(3) has been renumbered as § 21.197(c)(2). This rule allows special flight permits to be issued by operators who maintain their aircraft under an approved program for continuing flight authorization.

The amendment to this rule— 18

### Page 19

(1) Provides operators with options for developing their maintenance programs.

(2) Allows operators who do not have a Continuous Airworthiness Maintenance Program, but do have the necessary quality system and infrastructure to support this authorization, to issue a special flight permit.

(3) Allows certificate holders operating under existing § 135.411 (Applicability) with an approved program, to be eligible for a continuing authorization to issue special flight permits for the purpose of maintenance.

16. Part 21, Subpart I, Provisional Airworthiness Certificates. (180-day compliance requirement)

a. Section 21.223, Class II provisional airworthiness certificates. The rule amends this section by removing the word “control” from paragraph (c).

b. Section 21.225, Provisional airworthiness certificates corresponding with provisional amendments to type certificates. The rule amends this section by removing the word “control” from paragraph (b).

17. Part 21, Subpart J, Delegation Option Authorization Procedures.

a. Section 21.231, Applicability. The rule amends § 21.231 (a)(6) by removing the words “paragraph (a)(4)” and replacing them with “paragraph (a)(5).”

b. Section 21.251, Limits of applicability. The rule revises paragraphs (b)(4)(iii) and (iv) to read “airworthiness approvals” rather than “airworthiness approval tag” to be consistent with all other part 21 references to the FAA Authorized Release Certificate.

c. Section 21.253, Type certificates: application. The rule amends this section by removing the words “(FAA Form 312)” from paragraph (a)(1).

d. Section 21.267, Production certificates. Global changes, as listed in paragraph 6 of this AC, were made to this part. Paragraph (d) was also updated to reflect the correct reference to § 21.137.

e. Section 21.271, Airworthiness approval tags. Global changes, as listed in paragraph 6 of this AC, were made to this part. The rule also amends paragraph (a) by removing the words “(FAA Form 8130-3).”

f. Section 21.293, Current records. The rule revises paragraph (a)(2) of this section to increase the record retention requirements for manufacturers from 2 to 5 years.

This is consistent with the changes to subparts F, G, K, and O.

### Page 20

18. Part 21, Subpart K, Parts Manufacturer Approvals. This subpart was revised using subpart G as a model in order to reduce the scope of subpart K to PMAs only. The following changes were made to this subpart:

a. The former requirements of subpart K, §§ 21.303(a) and (b) have been relocated to subpart A because they are directed to all persons and more appropriately belong in a general subpart. This change is further discussed in paragraph 8f. of this AC, which covers § 21.9.

b. All subsections applicable to production approvals in this subpart can be found in subpart G.

c. The title of this subpart was subsequently changed to “Parts Manufacturer Approvals.”

d. Rules for changes to manufacturing or quality systems have been added.

Subpart K now provides for marking of PMA articles in accordance with part 45.

Subpart K also provides for identification of subassemblies or components when they leave the facility as an FAA-approved article.

e. This subpart adds a statement of compliance requirement for certain PMA applicants.

19. Part 21, Subpart L, Export Airworthiness Approvals. (180-day compliance requirement)

a. Section 21.321, Applicability. This section deletes the definitions of Class I, Class II, and Class III products and deletes the term “newly overhauled,” previously located in paragraphs (b)(1) through (4), respectively. The intent of this rule is to use the term “product” consistently throughout part 21, and to harmonize the FAA’s definition so that it is consistent with its use in bilateral agreements. In addition, since other paragraphs in subpart L remove all occurrences of and requirements related to the term “newly overhauled,” the definition for this term is no longer required.

b. Section 21.325, Export airworthiness approvals. The following changes have been made to this section:

(1) Export certificates of airworthiness will no longer be issued for aircraft engines and propellers.

(2) Requirements related to flight-testing new aircraft have been relocated from subpart L to subpart G because subpart G clarifies that each aircraft produced is required to be flight-tested.

### Page 21

(3) Regulatory language related to issuing export airworthiness approvals for unassembled aircraft has been removed. Unassembled aircraft will be treated like any other aircraft that do not meet the requirements for the issuance of an export certificate of airworthiness.

(4) Form 8130-3, Authorized Release Certificate, will be used for articles and for issuing export airworthiness approvals for aircraft engines and propellers.

(5) The FAA may issue an export airworthiness approval in a foreign country or jurisdiction if there is no undue burden on the FAA.

c. Section 21.327, Application. The following changes have been made to this section:

(1) Detailed application requirements have been relegated from the regulations to FAA policy and clarify that any person may apply for an export airworthiness approval.

An applicant will still use FAA Form 8130-1, Application for Export Certificate of Airworthiness, to apply for an export certificate of airworthiness.

(2) The requirement of former § 21.327(e) has been eliminated. This requirement stated that an application for an export airworthiness approval is required to be accompanied by a written statement from the importing country if the product being exported met any of four conditions listed in § 21.327(e)(1) through (4). Eliminating this requirement clarifies that the FAA, and not the exporter, is responsible for obtaining this written statement before the issuance of the export document from the importing country or jurisdiction, if necessary. The requirements of former paragraphs (e)(2) through (e)(4) of § 21.327 have been moved to § 21.329.

d. Section 21.329, Issuance of export certificates of airworthiness. The following changes have been made to this section:

(1) The former title of this section “Issue of export certificates of airworthiness for Class I products” was changed to “Issuance of export certificates of airworthiness.”

(2) This section is revised to provide requirements related to the issuance of export certificates of airworthiness for aircraft. The requirements for export airworthiness approvals have helped to ensure the export of quality products meeting safety standards at least as high as those applicable to products for domestic use. The decision to accept products that have not been inspected or overhauled will now properly rest with the airworthiness authority of the importing country or jurisdiction. The FAA will issue an export certificate of airworthiness for aircraft not meeting FAA regulatory standards or importing authority requirements only after receiving approval from the importing authority. U.S. manufacturers and exporters may be relieved of the burden of inspections and overhaul requirements, potentially representing substantial savings.

### Page 22

(3) This section allows an aircraft that meets the requirements under subpart H of this part for a special airworthiness certificate in either the “primary” or “restricted” category to receive an export certificate of airworthiness. An export certificate of airworthiness represents a statement from the FAA that a given aircraft conforms to its type design and is in a condition for safe operation. Because an aircraft in either the “primary” or “restricted” category has a type design, adequate basis exists for issuing an export certificate of airworthiness for such an aircraft that conforms to its type design and is in a condition for safe operation.

(4) This section now contains the former requirements of §§ 21.329(g) and 21.325(c) and revises them to improve clarity.

(5) This section removes former §§ 21.329 (c) and (e) that required used aircraft needing an export certificate of airworthiness to undergo an annual type inspection and be approved for return to service, and required used engines and propellers to be newly overhauled.

e. Section 21.331, Issuance of export airworthiness approvals for aircraft engines, propellers, and articles. The former title of this section “Issue of airworthiness approval tags for Class II products” was changed to “Issuance of export airworthiness approvals for aircraft engines, propellers, and articles.” This section has been revised to amend provisions and requirements for the issuance of export airworthiness approvals for new and used aircraft engines, propellers, and articles. Paragraphs (a) and (c) address specific requirements for issuance of these approvals and paragraphs (b) and (d) list provisions for exceptions to the requirements of paragraphs (a) and (c). Additionally, used aircraft engines and propellers will no longer be required to be newly overhauled.

f. Section 21.335, Responsibilities of exporters. This section adds paragraph (a), which requires the exporter to forward to the importing country or jurisdiction all documents specified by that country or jurisdiction. This responsibility recognizes the ability of a country or jurisdiction to define its requirements and gives deference to those requirements. Paragraph (b) adds the requirement for an exporter to preserve and package products and articles as necessary to protect them against corrosion and damage during transit or storage. The exporter will also be required to state the duration of effectiveness of such preservation and packaging.

20. Part 21, Subpart N, Acceptance of Aircraft Engines, Propellers, and Articles for Import. (180-day compliance requirement) The former title of this subpart “Approval of Engines, Propellers, Materials, Parts, and Appliances: Import” was changed to “Acceptance of Aircraft Engines, Propellers, and Articles for Import.”

a. Section 21.500, Acceptance of aircraft engines and propellers. This section is revised as follows:

(1) It is reorganized to improve clarity.

(2) The word “approval” is replaced with “acceptance.”

### Page 23

(3) A requirement has been added, stating that each aircraft engine and propeller be marked in accordance with part 45 of this chapter.

(4) The words “a certificate of airworthiness for export” are replaced with “an export airworthiness approval.”

b. Section 21.502, Acceptance of articles. This section is revised as follows:

(1) It is reorganized to improve clarity.

(2) The word “approval” of materials, parts, and appliances is replaced with “acceptance” of articles.

(3) The words “a certificate of airworthiness for export” are replaced with “an export airworthiness approval” as discussed under § 21.500.

(4) A requirement has been added, stating that an article produced under a letter of TSO design approval be marked in accordance with part 45 of this chapter to meet the requirements for acceptance.

(5) Former paragraph (b) requirements are removed. These requirements originated with part 10 of the Civil Air Regulations and are no longer used for issuing approvals.

21. Part 21, Subpart O, Technical Standard Order Approvals. Subpart O was revised by using subpart G as the model. All subsections applicable to production approvals in subpart O can be found in subpart G. In addition, TSO marking requirements have been moved to part 45. The following changes were made to subpart O:

a. The title of subpart O was changed to “Technical Standard Order Approvals.”

b. Subpart O incorporates minor changes in the organization of this subpart to improve clarity.

c. Rules for changes to manufacturing or quality systems have been added.

d. Subpart O provides for identification of subassemblies, component parts, or replacement articles when they leave the facility as an FAA-approved article.

22. Part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration.

a. Section 43.2, Records of overhaul and rebuilding. This section amends § 43.2(a)(2) by replacing the reference to “§ 21.305 of this chapter” with “part 21 of this chapter.”

### Page 24

b. Section 43.3, Persons authorized to perform maintenance, preventive maintenance, rebuilding, and alterations. This section amends § 43.3(j)(3) to remove all references to an APIS. This change is consistent with the amendments to part 21, subpart F. It allows a manufacturer to perform any inspection (required by part 91 or part 125 of this chapter) on aircraft that it manufactured under a TC or currently manufactures under a PC.

23. Part 45, Identification and Registration Marking. Global changes, as listed in paragraph 6 of this AC, were made to this part.

24. Part 45, Subpart A, General. Section 45.1, Applicability, revises previous paragraphs (a) and (b) and removes paragraph (c) to now prescribe requirements for marking products and articles manufactured under a TC, a production approval as defined under part 21, and the provisions of an agreement between the United States and another country or jurisdiction for the acceptance of products and articles. It also prescribes the requirements for nationality and registration marking of U.S.-registered aircraft.

25. Part 45, Subpart B, Marking of Products and Articles. The former title of this subpart “Identification of Aircraft and Related Products” was changed to “Marking of Products and Articles.”

a. Section 45.10, Marking. This section was added to consolidate marking requirements in one location. This rule does not preclude an approved supplier to a PAH from applying markings in accordance with requirements imposed by the PAH. This rule also does not preclude applying in-process markings throughout the manufacturing process. Further paragraphs in this section are described in the following table:

Paragraph Revision

45.10(a)(1) and (a)(2) Adds that marking requirements apply to all PAHs, including persons who export products to the United States under the provisions of an agreement between the United States and another country or jurisdiction. These markings identify the person authorized to produce that product or article. Only the person authorized to produce the product or article may make this representation.

45.10(a)(2) Adds that required markings constitute a representation that the product or article conforms to its approved design or meets the applicable performance standards.

b. Section 45.11, Marking of products. (180-day compliance requirement)

(1) This section replaces previous paragraph (a) with new paragraphs (a) and (b) to put aircraft and aircraft engine marking requirements into separate paragraphs for clarity.

### Page 25

(2) This rule adds paragraph (g) to provide relief from the requirement of previous § 45.11(a) for location of the aircraft data plate. The intent of this rule is to relieve the burden on the public and on the FAA related to processing these exemptions.

(3) This section also adds paragraph (h) to provide relief to manufacturers of gliders from the aircraft data plate location requirement of previous paragraph (a) of this section for those persons who have had to obtain exemptions to allow them not to locate the data plate on the exterior of the aircraft near the tail.

c. Section 45.13, Identification data. (180-day compliance requirement)

(1) Removes the words “and (b)” from paragraph (a) and adds in their place the words “through (c).”

(2) Removes the words “of this part” from paragraph (c).

d. Section 45.14, Identification of critical components. This section has been removed. Identification of critical components is now covered under § 45.15.

e. Section 45.15, Marking requirements for PMA articles, TSO articles, and critical parts.

(1) The former title of this section “Replacement and modification parts” was changed to “Marking requirements for PMA articles, TSO articles, and critical parts.”

(2) This section standardizes and consolidates marking requirements for PMA articles, TSO articles, and critical parts, including an identifier of the person who manufactured the part and the part number. In addition, TSO articles require the TSO number and letter of designation; any marking specifically required by the applicable TSO; and the serial number or date of manufacture or both, unless otherwise specified in the applicable TSO.

(3) This rule relocates the requirements of previous § 45.15(b) to paragraph (d) of this section. The rule requires marking information to be attached to any article that the FAA finds is too small or otherwise impractical to mark on the article and clarifies that this provision applies to all PAHs.

(4) This final rule retains the current “FAA-PMA” marking requirements.

However, installation eligibility is no longer required on the article.

f. Section 45.16, Marking of life-limited parts. This rule removes the last sentence of this section.

### Page 26

26. Related Publications.

a. Notice of Proposed Rulemaking Docket No. FAA-2006-25877-0002, and preamble language, part 21;

b. AC 21-43, Production under 14 CFR Part 21, Subparts F, G, K, and O;

c. AC 21-44, Issuance of Export Airworthiness Approvals Under 14 CFR Part 21, Subpart L; and

d. AC 45-2, Identification and Registration Marking.

27. How to Obtain This and Other FAA ACs and Orders. You can find this and other FAA ACs and Orders at http://www.faa.gov/regulations_policies/advisory_circulars/.

/s/ Frank P. Paskiewicz Manager, Production and Airworthiness Division, AIR-200 26

---
OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.