(d) Delegation option authorizations are subject to any additional limitations prescribed by the Administrator after inspection of the applicant's facilities or review of the staff qualifications.

§ 21.253

Type certificates: application, (a) To obtain, under the delegation option authorization, a type certificate for a new product or an amended type certificate, the manufacturer must submit to the Administrator

(1) An application for a type certificate (FAA Form 312);

(2) A statement listing the airworthiness requirements of this chapter (by part number and effective date) that the manufacturer considers applicable;

(3) After determining that the type design meets the applicable requirements, a statement certifying that this determination has been made;

(4) After placing the required technical data and type inspection report in the technical data file required by § 21.293 (a) (1) (i), a statement certifying that this has been done;

(5) A proposed type certificate data sheet; and

(6) An Aircraft Flight Manual (if required) or a summary of required operating limitations and other information necessary for safe operation of the product.

(c) A statement identifying the typ certificate number under which th product is being manufactured; and

(d) After placing the manufacturin and quality control data required b § 21.143 with the data required b § 21.293 (a) (1) (11), a statement certifyin that this has been done.

§ 21.269 Export airworthiness approvals The manufacturer may issue expor airworthiness approvals.

§ 21.271

Airworthiness approval tags.

(a) A manufacturer may issue an air worthiness approval tag (FAA Form 186 for each engine and propeller covered b § 21.251(b) (4), and may issue an air worthiness approval tag for parts of eac product covered by that section, if h finds, on the basis of inspection and op eration tests, that those products con form to a type design for which he hold a type certificate and are in condition fo safe operation.

(b) When a new model has been in cluded on the Production Limitatio Record, the production certificatio number shall be stamped on the engin or propeller identification data plate in stead of issuing an airworthiness ap proval tag.

§ 21.273

Airworthiness certificates othe than experimental.

(a) The manufacturer may issue ar airworthiness certificate for aircraf manufactured under a delegation option authorization if he finds, on the basi of the inspection and production fligh check, that each aircraft conforms to type design for which he holds a typ certificate and is in a condition for saf operation.

(b) The manufacturer may authoriz any employee to sign airworthiness cer tificates if that employee

(1) Performs, or is in direct charge of the inspection specified in paragraph (a of this section; and

(2) Is listed on the manufacturer' application for the delegation option au thorization, or on amendments thereof [Amdt. 21-5, 30 F.R. 11375, Sept. 8, 1965 as amended by Amdt. 21-18, 32 F.R. 15472 Nov. 7, 1967]

§ 21.275 Experimental certificates.

(a) The manufacturer shall, befor issuing an experimental certificate, ob tain from the Administrative any limi tations and conditions that the Admin

Istrator considers necessary for safety.

(b) For experimental certificates issued by the manufacturer, under this subpart, for aircraft for which the manufacturer holds the type certificate and which have undergone changes to the type design requiring flight test, the manufacturer may prescribe any operating limitations that he considers necessary.

$21.277 Data review and service experience.

(a) If the Administrator finds that a product for which a type certificate was issued under this subpart does not meet the applicable airworthiness requirements, or that an unsafe feature or characteristic caused by a defect in design or manufacture exists, the manufacturer, upon notification by the Administrator, shall investigate the matter and report to the Administrator the results of the investigation and the action, if any, taken or proposed.

(b) If corrective action by the user of the product is necessary for safety because of any noncompliance or defect specified in paragraph (a) of this section, the manufacturer shall submit the information necessary for the issue of an Airworthiness Directive under Part 39. $21.289 Major repairs, rebuilding and alteration.

For types covered by a delegation option authorization, a manufacturer may

(a) After finding that a major repair or major alteration meets the applicable airworthiness requirements of this chapter, approve that repair or alteration; and

(b) Authorize any employee to execute and sign FAA Form 337 and make required log book entries if that employee

(1) Inspects, or is in direct charge of inspecting, the repair, rebuilding, or alteration; and

(2) Is listed on the application for the delegation option authorization, or on amendments thereof.

$21.293 Current records.

(a) The manufacturer shall maintain at his factory, for each product type Certificated under a delegation option authorization, current records containing the following:

(1) For the duration of the manufacturing operation under the delegation option authorization—

36-030-70-5

(1) A technical data file that includes the type design drawings, specifications, reports on tests prescribed by this part, and the original type inspection report and amendments to that report;

(ii) The data (including amendments) required to be submitted with the original application for each production certificate; and

(iii) A record of any rebuilding and alteration performed by the manufacturer on products manufactured under the delegation option authorization. (2) For 2 years

(i) A complete inspection record for each product manufactured, by serial number, and data covering the processes and tests to which materials and parts are subjected; and

(ii) A record of reported service difficulties.

(b) The records and data specified in paragraph (a) of this section shall be(1) Made available, upon the Administrator's request, for examination by the Administrator at any time; and

(2) Identified and sent to the Administrator as soon as the manufacturer no longer operates under the delegation option procedures.

Subpart K-Approval of Materials, Parts, Processes, and Appliances

SOURCE: The provisions of this Subpart K contained in Docket No. 5085, 29 F.R. 14574, Oct. 24, 1964.

§ 21.303 Replacement or modification parts.

(a) Except as provided in paragraph (b) of this section, no person may produce replacement or modification parts for sale for installation on a type certificated product unless he has complied with §§ 21.21(b) (1), 21.33, 21.43, Subpart D (if applicable) and § 45.15 of this chapter.

(b) This section does not apply to the following:

(1) Parts produced under a type or production certificate.

(2) Parts produced by an owner or operator for maintaining or altering his own product.

(3) Standard parts (such as bolts and nuts) conforming to established industry

or United States specifications (e.g. SAE and military specifications and FAA Technical Standard Orders).

(c) Each person producing replacement or modification parts for sale shall establish (within six months from the date of initial production) and maintain a fabrication inspection system that ensures that each part conforms with the design data and is safe for installation on type certificated products and that includes at least the following, where applicable:

(1) Incoming materials used in the finished part must be as specified in the design data.

(2) Incoming material must be properly identified if their physical and chemical properties cannot otherwise be readily and accurately determined.

(3) Materials subject to damage and deterioration must be suitably stored and adequately protected.

(4) Processes affecting the quality and safety of the finished product must be accomplished in accordance with acceptable specifications.

(5) Parts in process must be inspected for conformity with the design data at points in production where accurate determination can be made. Statistical quality control procedures may be employed where it is shown that a satisfactory level of quality will be maintained for the particular part involved.

(6) Current design drawings must be readily available to manufacturing and inspection personnel, and used when necessary.

(7) Major changes to the basic design must be adequately controlled and approved before being incorporated in the finished part.

(8) Rejected materials and components must be segregated and identified in such a manner as to preclude their use in the finished part.

(9) Inspection records must be maintained, identified with the completed part, where practicable, and retained in the manufacturer's file for a period of at least two years after the part has been completed.

§ 21.305 Approval of materials, parts, processes, and appliances.

Whenever a material, part, process, or appliance is required to be approved under this chapter it may be approved(a) Under a technical standard order issued under Part 37 of this chapter;

(a) This subpart prescribes

(1) Procedural requirements for the issue of export airworthiness approvals; and

(2) Rules governing the holders of those approvals. (b) For the purposes of this subpart

(1) A Class I product is a complete aircraft, aircraft engine, or propeller, which has been type certificated in accordance with the applicable Federal Aviation Regulations and for which Federal Aviation specifications or type certificate data sheets have been issued.

(2) A Class II product is a major component of a Class I product (e.g., wings, fuselages, empennage assemblies, landing gears, power transmissions, control surfaces, etc.), the failure of which would jeopardize the safety of a Class I product; or any part, material, or appliance, approved and manufactured under the Technical Standard Order (TSO) system in the "C" series.

(3) A Class III product is any part or component which is not a Class I or Class II product and includes standard parts, i.e., those designated as AN, NAS SAE, etc.

(4) The words "newly overhauled' when used to describe a product means that the product has not been operated or placed in service, except for functional testing, since having been overhauled, inspected and approved for return to service in accordance with the applicable Federal Aviation Regulations § 21.323 Eligibility.

(a) Any exporter or his authorized representative may obtain an export airworthiness approval for a Class I or Class II product.

(b) Any manufacturer may obtain an export airworthiness approval for a

lass III product if the manufacturer(1) Has in his employ a designated epresentative of the Administrator who has been authorized to issue that approval; and

(2) Holds for that product

(i) A production certificate;

(i) An approved production inspection system;

(iii) An FAA Parts Manufacturer Approval (PMA); or

(iv) A Technical Standard Order auhorization.

21.325 Export airworthiness approvals.

(a) Kinds of approvals. (1) Export airworthiness approval of Class I products is issued in the form of Export Certificates of Airworthiness, FAA Form 26. Such a certificate does not authorize the operation of aircraft.

(2) Export airworthiness approval of Class II and III products is issued in the form of Airworthiness Approval Tags, FAA Form 186.

(b) Products which may be approved. Export airworthiness approvals are issued for

(1) New aircraft that are assembled and that have been flight tested, and other Class I products located in the United States, except that export airworthiness approval may be issued for either of the following without assembly or flight-test:

(1) A small airplane type certificated under Part 3 or 4a of the Civil Air Regulations, or Part 23 of the Federal Aviation Regulations, and manufactured under a production certificate; or

(11) A glider type certificated under 21.23 of this part and manufactured ander a production certificate.

(2) Used aircraft possessing a valid J.S. airworthiness certificate, or other ised Class I products that have been maintained in accordance with the applicable CAR's or FAR's and are located in a foreign country, if the Administrator finds that the location places no undue burden upon the FAA in administering the provisions of this regulation. (3) Class II and III products that are manufactured and located in the United

States.

§ 21.327 Application.

(a) Except as provided in paragraph (b) of this section, an application for export airworthiness approval for a Class I or Class II product is made on a form and in a manner prescribed by the Administrator and is submitted to the appropriate Flight Standards District Office or to the nearest international field office.

(b) A manufacturer holding a production certificate may apply orally to the appropriate Flight Standards District Office or the nearest international field office for export airworthiness approval of a Class II product approved under his production certificate.

(c) Application for export airworthiness approval of Class III products is made to the designated representative of the Administrator authorized to issue those approvals.

(d) A separate application must be made for

(1) Each aircraft;

(2) Each engine and propeller, except that one application may be made for more than one engine or propeller, if all are of the same type and model and are exported to the same purchaser and country; and

(3) Each type of Class II product, except that one application may be used for more than one type of Class II product when

(1) They are separated and identified in the application as to the type and model of the related Class I product; and

(ii) They are to be exported to the same purchaser and country.

(e) Each application must be accompanied by a written statement from the importing country that it will validate the export airworthiness approval if the product being exported is

(1) An aircraft manufactured outside the United States and being exported to a country with which the United States has a reciprocal agreement concerning the validation of export certificates;

(2) An unassembled aircraft which has not been flight-tested; or

(3) A product that does not meet the special requirement of the importing country.

(f) Each application for export airworthiness approval of a Class I product must include, as applicable:

(1) A Statement of Conformity, FAA Form 317, for each new product that has not been manufactured under a production certificate.

(2) A weight and balance report, with a loading schedule when applicable, for each aircraft in accordance with Part 43 of this chapter. For transport aircraft and all rotorcraft, this report must be based on an actual weighing of the aircraft within the preceding twelve months, but after any major repairs or alterations to the aircraft. Changes in equipment not classsed as major changes that are made after the actual weighing may be accounted for on a "computed" basis and the report revised accordingly. Manufacturers of new nontransport category airplanes may submit reports having computed weight and balance data, in place of an actual weighing of the aircraft, if fleet weight control procedures approved by the FAA have been established for such airplanes. In such a case, the following statement must be entered in each report: "The weight and balance data shown in this report are computed on the basis of Federal Aviation Administration approved procedures for establishing fleet weight averages." The weight and balance report must include an equipment list showing weights and moment arms of all required and optional items of equipment that are inIcluded in the certificated empty weight.

(3) A maintenance manual for each new product when such a manual is required by the applicable airworthiness rules.

(4) Evidence of compliance with the applicable airworthiness directives. A suitable notation must be made when such directives are not complied with.

(5) When temporary installations are incorporated in an aircraft for the purpose of export delivery, the application form must include a general description of the installations together with a statement that the installation will be removed and the aircraft restored to the approved configuration upon completion of the delivery flight.

(6) Historical records such as aircraft and engine log books, repair and alteration forms, etc., for used aircraft and newly overhauled products.

(7) For products intended for overseas shipment, the application form must describe the methods used, if any, for the preservation and packaging of such products to protect them against corrosion and damage while in transit or storage. The description must also indicate the duration of the effectiveness of such methods.

(8) The Airplane or Rotorcraft Flig Manual when such material is r quired by the applicable airworthine regulations for the particular aircraft.

(9) A statement as to the date whe title passed or is expected to pass to foreign purchaser.

(10) The data required by the speci requirements of the importing countr [Amdt. 21-2, 30 F.R. 8465, July 2, 1965, amended by Doc. No. 8084, 32 F.R. 5769, Ap 11, 1967]

§ 21.329

Issue of export certificates airworthiness for Class I products.

An applicant is entitled to an expo certificate of airworthiness for a Class product if he shows that at the time th product is submitted to the Admini trator for export airworthiness approva it meets the following requirements, applicable:

(a) New or used aircraft manufa tured in the United States must me the airworthiness requirement for standard U.S. airworthiness certifica under § 21.183, or meet the airworth ness certification requirements for "restricted" airworthiness certificate un der § 21.185, subject to the special re quirements of the importing country.

(b) New or used aircraft manufac tured outside the United States mus have a valid U.S. standard airworthines certificate.

(c) Used aircraft must have under gone an annual type inspection and b approved for return to service in ad cordance with Part 43 of this Chapte The inspection must have been per formed and properly documented withi 30 days before the date the applicatio is made for an export certificate of ai worthiness. In complying with th paragraph, consideration may be give to the inspections performed on an ai craft maintained in accordance with continuous airworthiness maintenan program under Parts 121 or 127 of th Chapter or a progressive inspection pro gram under Part 91 of this Chapte within the 30 days prior to the date th application is made for an expo certificate of airworthiness.

(d) New engines and propellers mus conform to the type design and must b in a condition for safe operation.

(e) Used engines and propellers whic are not being exported as part of a cer tificated aircraft must have been new overhauled.