(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.
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.
(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.
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.
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.
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
(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.
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.
(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.
(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.”
(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.”
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.