title-14-part-21-sec21-5

136

14 CFR Ch. I (1–1–24 Edition)

§ 21.5

of the reportable occurrences listed in
this paragraph.

(b)

Reliability of two-engine airplanes—

(1)

Reporting of two-engine airplane in-

service reliability. The holder of a type
certificate for an airplane approved for
ETOPS and the holder of a type certifi-
cate for an engine installed on an air-
plane approved for ETOPS must report
monthly to their respective Aircraft
Certification Service office on the reli-
ability of the world fleet of those air-
planes and engines. The report pro-
vided by both the airplane and engine
type certificate holders must address
each airplane-engine combination ap-
proved for ETOPS. The FAA may ap-
prove quarterly reporting if the air-
plane-engine combination dem-
onstrates an IFSD rate at or below
those specified in paragraph (b)(2) of
this section for a period acceptable to
the FAA. This reporting may be com-
bined with the reporting required by
§ 21.3. The responsible type certificate
holder must investigate any cause of
an IFSD resulting from an occurrence
attributable to the design of its prod-
uct and report the results of that in-
vestigation to its responsible Aircraft
Certification Service office. Reporting
must include:

(i) Engine IFSDs, except planned

IFSDs performed for flight training.

(ii) The world fleet 12-month rolling

average IFSD rates for all causes, ex-
cept planned IFSDs performed for
flight training.

(iii) ETOPS fleet utilization, includ-

ing a list of operators, their ETOPS di-
version time authority, flight hours,
and cycles.

(2)

World fleet IFSD rate for two-engine

airplanes. The holder of a type certifi-
cate for an airplane approved for
ETOPS and the holder of a type certifi-
cate for an engine installed on an air-
plane approved for ETOPS must issue
service information to the operators of
those airplanes and engines, as appro-
priate, to maintain the world fleet 12-
month rolling average IFSD rate at or
below the following levels:

(i) A rate of 0.05 per 1,000 world-fleet

engine-hours for an airplane-engine
combination approved for up to and in-
cluding 120-minute ETOPS. When all
ETOPS operators have complied with
the corrective actions required in the

configuration, maintenance and proce-
dures (CMP) document as a condition
for ETOPS approval, the rate to be
maintained is at or below 0.02 per 1,000
world-fleet engine-hours.

(ii) A rate of 0.02 per 1,000 world-fleet

engine-hours for an airplane-engine
combination approved for up to and in-
cluding 180-minute ETOPS, including
airplane-engine combinations approved
for 207-minute ETOPS in the North Pa-
cific operating area under appendix P,
section I, paragraph (h), of part 121 of
this chapter.

(iii) A rate of 0.01 per 1,000 world-fleet

engine-hours for an airplane-engine
combination approved for ETOPS be-
yond 180 minutes, excluding airplane-
engine combinations approved for 207-
minute ETOPS in the North Pacific op-
erating area under appendix P, section
I, paragraph (h), of part 121 of this
chapter.

[Doc. No. FAA–2002–6717, 72 FR 1872, Jan. 16,
2007, as amended by Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]

§ 21.5

Airplane or Rotorcraft Flight

Manual.

(a) With each airplane or rotorcraft

not type certificated with an Airplane
or Rotorcraft Flight Manual and hav-
ing no flight time before March 1, 1979,
the holder of a type certificate (includ-
ing amended or supplemental type cer-
tificates) or the licensee of a type cer-
tificate must make available to the
owner at the time of delivery of the
aircraft a current approved Airplane or
Rotorcraft Flight Manual.

(b) The Airplane or Rotorcraft Flight

Manual required by paragraph (a) of
this section must contain the following
information:

(1) The operating limitations and in-

formation required to be furnished in
an Airplane or Rotorcraft Flight Man-
ual or in manual material, markings,
and placards, by the applicable regula-
tions under which the airplane or
rotorcraft was type certificated.

(2) The maximum ambient atmos-

pheric temperature for which engine
cooling was demonstrated must be
stated in the performance information
section of the Flight Manual, if the ap-
plicable regulations under which the
aircraft was type certificated do not re-
quire ambient temperature on engine

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§ 21.9

cooling operating limitations in the
Flight Manual.

[Amdt. 21–46, 43 FR 2316, Jan. 16, 1978, as
amended by Amdt. 21–92, 74 FR 53385, Oct. 16,
2009]

§ 21.6

Manufacture of new aircraft, air-

craft engines, and propellers.

(a) Except as specified in paragraphs

(b) and (c) of this section, no person
may manufacture a new aircraft, air-
craft engine, or propeller based on a
type certificate unless the person—

(1) Is the holder of the type certifi-

cate or has a licensing agreement from
the holder of the type certificate to
manufacture the product; and

(2) Meets the requirements of subpart

F or G of this part.

(b) A person may manufacture one

new aircraft based on a type certificate
without meeting the requirements of
paragraph (a) of this section if that
person can provide evidence acceptable
to the FAA that the manufacture of
the aircraft by that person began be-
fore August 5, 2004.

do not apply to—

(1) New aircraft imported under the

provisions of §§ 21.183(c), 21.184(b), or
21.185(c); and

(2) New aircraft engines or propellers

imported under the provisions of
§ 21.500.

[Doc. No. FAA–2003–14825, 71 FR 52258, Sept.
1, 2006]

§ 21.7

Continued airworthiness and

safety improvements for transport
category airplanes.

(a) On or after December 10, 2007, the

holder of a design approval and an ap-
plicant for a design approval must
comply with the applicable continued
airworthiness and safety improvement
requirements of part 26 of this sub-
chapter.

(b) For new transport category air-

planes manufactured under the author-
ity of the FAA, the holder or licensee
of a type certificate must meet the ap-
plicable continued airworthiness and
safety improvement requirements spec-
ified in part 26 of this subchapter for
new production airplanes. Those re-
quirements only apply if the FAA has
jurisdiction over the organization re-

sponsible for final assembly of the air-
plane.

[Doc. No. FAA–2004–18379, Amdt. 21–90, 72 FR
63404, Nov. 8, 2007]

§ 21.8

Approval of articles.

If an article is required to be ap-

proved under this chapter, it may be
approved—

(a) Under a PMA;
(b) Under a TSO;
(c) In conjunction with type certifi-

cation procedures for a product; or

(d) In any other manner approved by

the FAA.

[Doc. No. FAA–2006–5877, Amdt. 21–92, 74 FR
53385, Oct. 16, 2009]

§ 21.9

Replacement and modification

articles.

(a) If a person knows, or should

know, that a replacement or modifica-
tion article is reasonably likely to be
installed on a type-certificated prod-
uct, the person may not produce that
article unless it is—

(1) Produced under a type certificate;
(2) Produced under an FAA produc-

tion approval;

(3) A standard part (such as a nut or

bolt) manufactured in compliance with
a government or established industry
specification;

(4) A commercial part as defined in

§ 21.1 of this part;

(5) Produced by an owner or operator

for maintaining or altering that owner
or operator’s product;

(6) Fabricated by an appropriately

rated certificate holder with a quality
system, and consumed in the repair or
alteration of a product or article in ac-
cordance with part 43 of this chapter;
or

(7) Produced in any other manner ap-

proved by the FAA.

(b) Except as provided in paragraphs

(a)(1) through (a)(2) of this section, a
person who produces a replacement or
modification article for sale may not
represent that part as suitable for in-
stallation on a type-certificated prod-
uct.

(a)(1) through (a)(2) of this section, a
person may not sell or represent an ar-
ticle as suitable for installation on an
aircraft type-certificated under