title-14-part-21-sec21-101

151

Federal Aviation Administration, DOT

§ 21.101

(1) If the FAA finds that design

changes are necessary to correct the
unsafe condition of the product, and
upon his request, submit appropriate
design changes for approval; and

(2) Upon approval of the design

changes, make available the descrip-
tive data covering the changes to all
operators of products previously cer-
tificated under the type certificate.

(b) In a case where there are no cur-

rent unsafe conditions, but the FAA or
the holder of the type certificate finds
through service experience that
changes in type design will contribute
to the safety of the product, the holder
of the type certificate may submit ap-
propriate design changes for approval.
Upon approval of the changes, the man-
ufacturer must make information on
the design changes available to all op-
erators of the same type of product.

[Doc. No. 5085, 29 FR 14567, Oct. 24, 1964, as
amended by Amdt. 21–3, 30 FR 8826, July 24,
1965]

§ 21.101

Designation of applicable reg-

ulations.

(a) An applicant for a change to a

type certificate must show that the
change and areas affected by the
change comply with the airworthiness
requirements applicable to the cat-
egory of the product in effect on the
date of the application for the change
and with parts 34 and 36 of this chapter.
Exceptions are detailed in paragraphs
(b) and (c) of this section.

(b) Except as provided in paragraph

(g) of this section, if paragraphs (b)(1),
(2), or (3) of this section apply, an ap-
plicant may show that the change and
areas affected by the change comply
with an earlier amendment of a regula-
tion required by paragraph (a) of this
section, and of any other regulation
the FAA finds is directly related. How-
ever, the earlier amended regulation
may not precede either the cor-
responding regulation included by ref-
erence in the type certificate, or any
regulation in §§ 25.2, 27.2, or 29.2 of this
chapter that is related to the change.
The applicant may show compliance
with an earlier amendment of a regula-
tion for any of the following:

(1) A change that the FAA finds not

to be significant. In determining
whether a specific change is signifi-

cant, the FAA considers the change in
context with all previous relevant de-
sign changes and all related revisions
to the applicable regulations incor-
porated in the type certificate for the
product. Changes that meet one of the
following criteria are automatically
considered significant:

(i) The general configuration or the

principles of construction are not re-
tained.

(ii) The assumptions used for certifi-

cation of the product to be changed do
not remain valid.

(2) Each area, system, component,

equipment, or appliance that the FAA
finds is not affected by the change.

(3) Each area, system, component,

equipment, or appliance that is af-
fected by the change, for which the
FAA finds that compliance with a reg-
ulation described in paragraph (a) of
this section would not contribute ma-
terially to the level of safety of the
product or would be impractical.

aircraft (other than a rotorcraft) of
6,000 pounds or less maximum weight,
to a non-turbine rotorcraft of 3,000
pounds or less maximum weight, to a
level 1 low-speed airplane, or to a level
2 low-speed airplane may show that the
change and areas affected by the
change comply with the regulations in-
cluded in the type certificate. However,
if the FAA finds that the change is sig-
nificant in an area, the FAA may des-
ignate compliance with an amendment
to the regulation incorporated by ref-
erence in the type certificate that ap-
plies to the change and any regulation
that the FAA finds is directly related,
unless the FAA also finds that compli-
ance with that amendment or regula-
tion would not contribute materially
to the level of safety of the product or
would be impractical.

(d) If the FAA finds that the regula-

tions in effect on the date of the appli-
cation for the change do not provide
adequate standards with respect to the
proposed change because of a novel or
unusual design feature, the applicant
must also comply with special condi-
tions, and amendments to those special
conditions, prescribed under the provi-
sions of § 21.16, to provide a level of
safety equal to that established by the

VerDate Sep<11>2014

09:06 Jun 28, 2024

Jkt 262046

PO 00000

Frm 00161

Fmt 8010

Sfmt 8002

Y:\SGML\262046.XXX

262046

jspears on DSK121TN23PROD with CFR

152

14 CFR Ch. I (1–1–24 Edition)

§ 21.111

regulations in effect on the date of the
application for the change.

(e) An application for a change to a

type certificate for a transport cat-
egory aircraft is effective for 5 years,
and an application for a change to any
other type certificate is effective for 3
years. If the change has not been ap-
proved, or if it is clear that it will not
be approved under the time limit es-
tablished under this paragraph, the ap-
plicant may do either of the following:

(1) File a new application for a

change to the type certificate and com-
ply with all the provisions of paragraph
(a) of this section applicable to an
original application for a change.

(2) File for an extension of the origi-

nal application and comply with the
provisions of paragraph (a) of this sec-
tion. The applicant must then select a
new application date. The new applica-
tion date may not precede the date the
change is approved by more than the
time period established under this
paragraph (e).

(f) For aircraft certificated under

§§ 21.17(b), 21.24, 21.25, and 21.27 the air-
worthiness requirements applicable to
the category of the product in effect on
the date of the application for the
change include each airworthiness re-
quirement that the FAA finds to be ap-
propriate for the type certification of
the aircraft in accordance with those
sections.

(g) Notwithstanding paragraph (b) of

this section, for transport category air-
planes, the applicant must show com-
pliance with each applicable provision
of part 26 of this chapter, unless the ap-
plicant has elected or was required to
comply with a corresponding amend-
ment to part 25 of this chapter that
was issued on or after the date of the
applicable part 26 provision.

[Doc. No. 28903, 65 FR 36266, June 7, 2000, as
amended by Amdt. 21–90, 72 FR 63404, Nov. 8,
2007; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012;
Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR
96689, Dec. 30, 2016]

Subpart E—Supplemental Type

Certificates

OURCE

: Docket No. 5085, 29 FR 14568, Oct.

24, 1964, unless otherwise noted.

§ 21.111

Applicability.

This subpart prescribes procedural

requirements for the issue of supple-
mental type certificates.

§ 21.113

Requirement for supplemental

type certificate.

(a) If a person holds the TC for a

product and alters that product by in-
troducing a major change in type de-
sign that does not require an applica-
tion for a new TC under § 21.19, that
person must apply to the FAA either
for an STC, or to amend the original
type certificate under subpart D of this
part.

(b) If a person does not hold the TC

for a product and alters that product
by introducing a major change in type
design that does not require an applica-
tion for a new TC under § 21.19, that
person must apply to the FAA for an
STC.

be made in the form and manner pre-
scribed by the FAA.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009; Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]

§ 21.115

Applicable requirements.

(a) Each applicant for a supplemental

type certificate must show that the al-
tered product meets applicable require-
ments specified in § 21.101 and, in the
case of an acoustical change described
in § 21.93(b), show compliance with the
applicable noise requirements of part
36 of this chapter and, in the case of an
emissions change described in § 21.93(c),
show compliance with the applicable
fuel venting and exhaust emissions re-
quirements of part 34 of this chapter.

(b) Each applicant for a supplemental

type certificate must meet §§ 21.33 and
21.53 with respect to each change in the
type design.

[Amdt. 21–17, 32 FR 14927, Oct. 28, 1967, as
amended by Amdt. 21–42, 40 FR 1033, Jan. 6,
1975; Amdt. 21–52A, 45 FR 79009, Nov. 28, 1980;
Amdt. 21–61, 53 FR 3540, Feb. 5, 1988; Amdt.
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–71,
57 FR 42854, Sept. 16, 1992; Amdt. 21–77, 65 FR
36266, June 7, 2000]

§ 21.117

Issue of supplemental type

certificates.

(a) An applicant is entitled to a sup-

plemental type certificate if the FAA