(ii) Were reported to the FAA by another person under this chapter;
or
    (iii) Were reported under the accident reporting provisions of 49
CFR part 830 of the regulations of the National Transportation Safety
Board.
    (2) Failures, malfunctions, or defects in products or articles--
    (i) Manufactured by a foreign manufacturer under a U.S. type
certificate issued under Sec.  21.29 or under an approval issued under
Sec.  21.621; or
    (ii) Exported to the United States under Sec.  21.502.
    (e) * * *
    (3) Must include as much of the following information as is
available and applicable:
    (i) The applicable product and article identification information
required by part 45 of this chapter;
    (ii) Identification of the system involved; and
    (iii) Nature of the failure, malfunction, or defect.
    (f) If an accident investigation or service difficulty report shows
that a product or article manufactured under this part is unsafe
because of a manufacturing or design data defect, the holder of the
production approval for that product or article must, upon request of
the FAA, report to the FAA the results of its investigation and any
action taken or proposed by the holder of that production approval to
correct that defect. If action is required to correct the defect in an
existing product or article, the holder of that production approval
must send the data necessary for issuing an appropriate airworthiness
directive to the appropriate aircraft certification office.

0
9. Amend Sec.  21.5 by revising paragraph (a) to read as follows:

Sec.  21.5  Airplane or Rotorcraft Flight Manual.

    (a) With each airplane or rotorcraft not type certificated with an
Airplane or Rotorcraft Flight Manual and having no flight time before
March 1, 1979, the holder of a type certificate (including amended or
supplemental type certificates) or the licensee of a type certificate
must make available to the owner at the time of delivery of the
aircraft a current approved Airplane or Rotorcraft Flight Manual.
* * * * *

0
10. Amend subpart A by adding Sec.  21.8 to read as follows:

Sec.  21.8  Approval of articles.

    If an article is required to be approved under this chapter, it may
be approved--
    (a) Under a PMA;
    (b) Under a TSO;
    (c) In conjunction with type certification procedures for a
product; or
    (d) In any other manner approved by the FAA.

0
11. Amend subpart A by adding Sec.  21.9 to read as follows:

Sec.  21.9  Replacement and modification articles.

    (a) If a person knows, or should know, that a replacement or
modification article is reasonably likely to be installed on a type-
certificated product, the person may not produce that article unless it
is--
    (1) Produced under a type certificate;
    (2) Produced under an FAA production 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 Sec.  21.1 of this part;
    (5) Produced by an owner or operator for maintaining or altering
that owner or operator's product; or
    (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 accordance with part 43 of this chapter.
    (b) Except as provided in paragraphs (a)(1) through (a)(4) of this
section, a person who produces a replacement or modification article
for sale may not represent that part as suitable for installation on a
type-certificated product.
    (c) Except as provided in paragraphs (a)(1) through (a)(4) of this
section, a person may not sell or represent an article as suitable for
installation on an aircraft type-certificated under Sec. Sec.
21.25(a)(2) or 21.27 unless that article--
    (1) Was declared surplus by the U.S. Armed Forces, and
    (2) Was intended for use on that aircraft model by the U.S. Armed
Forces.

Sec.  21.15  [Amended]

0
12. Amend Sec.  21.15 by removing the words ``Aircraft Certification
Office'' in paragraph (a) and adding, in their place, the words
``aircraft certification office''.

0
13. Amend subpart B by adding Sec.  21.20 to read as follows:

Sec.  21.20  Compliance with applicable requirements.

    The applicant for a type certificate, including an amended or
supplemental type certificate, must--
    (a) Show compliance with all applicable requirements and must
provide the FAA the means by which such compliance has been shown; and
    (b) Provide a statement certifying that the applicant has complied
with the applicable requirements.

Sec.  21.21  [Amended]

0
14. Amend Sec.  21.21 by removing the words ``the Federal Aviation
Regulations'' and add in their place the words ``this subchapter''
wherever they appear.

Sec.  21.27  [Amended]

0
15. Amend Sec.  21.27 as follows:
0
a. Remove the words ``the Federal Aviation Regulations'' in paragraph
(c) and add, in their place, the words ``this subchapter''; and
0
b. Remove the word ``FAR'' from each place it appears in the table in
paragraph (f) and add in its place the words ``14 CFR''.

0
16. Revise Sec.  21.29 to read as follows:

Sec.  21.29  Issue of type certificate: import products.

    (a) The FAA may issue a type certificate for a product that is
manufactured in a foreign country or jurisdiction with which the United
States has an agreement for the acceptance of these products for export
and import and that is to be imported into the United States if--
    (1) The applicable State of Design certifies that the product has
been examined, tested, and found to meet--
    (i) The applicable aircraft noise, fuel venting, and exhaust
emissions requirements of this subchapter as designated in Sec.  21.17,
or the applicable aircraft noise, fuel venting, and exhaust emissions
requirements of the State of Design, and any other requirements the FAA
may prescribe to provide noise, fuel venting, and exhaust emission
levels no greater than those provided by the applicable aircraft noise,
fuel venting, and exhaust emission requirements of this subchapter as
designated in Sec.  21.17; and
    (ii) The applicable airworthiness requirements of this subchapter
as designated in Sec.  21.17, or the applicable airworthiness
requirements of the State of Design and any other requirements the FAA
may prescribe to provide a level of safety equivalent to that provided
by the applicable airworthiness requirements of this subchapter as
designated in Sec.  21.17;
    (2) The applicant has provided technical data to show the product
meets the requirements of paragraph (a)(1) of this section; and
    (3) The manuals, placards, listings, and instrument markings
required by the applicable airworthiness (and noise, where applicable)
requirements are presented in the English language.
    (b) A product type certificated under this section is considered to
be type certificated under the noise standards of part 36 of this
subchapter and the fuel venting and exhaust emission standards of part
34 of this subchapter. Compliance with parts 36 and 34 of this
subchapter is certified under paragraph (a)(1)(i) of this section, and
the applicable airworthiness standards of this subchapter, or an
equivalent level of safety, with which compliance is certified under
paragraph (a)(1)(ii) of this section.

Sec.  21.33  [Amended]

0
17. Amend Sec.  21.33(a) introductory text by removing the words ``the
Federal Aviation Regulations'' and adding, in their place, the words
``this subchapter''.

Sec.  21.45  [Amended]

0
18. Amend Sec.  21.45 as follows:
0
a. Remove the words ``or certified'' from paragraph (b) and add in
their place the words ``on certificated''; and
0
b. Remove the reference ``Sec. Sec.  21.133 through 21.163'' from
paragraph (c) and add in its place the words ``subpart G of this
part''.

0
19. Revise Sec.  21.47 to read as follows:

Sec.  21.47  Transferability.

    (a) A holder of a type certificate may transfer it or make it
available to other persons by licensing agreements.
    (b) For a type certificate transfer in which the State of Design
will remain the same, each transferor must, before such a transfer,
notify in writing the appropriate aircraft certification office. This
notification must include the applicable type certificate number, the
name and address of the transferee, and the anticipated date of the
transfer.
    (c) For a type certificate transfer in which the State of Design is
changing, a type certificate may only be transferred to or from a
person subject to the authority of another State of Design if the
United States has an agreement with that State of Design for the
acceptance of the affected product for export and import. Each
transferor must notify the appropriate aircraft certification office
before such a transfer in a form and manner acceptable to the FAA. This
notification must include the applicable type certificate number; the
name, address, and country of residence of the transferee; and the
anticipated date of the transfer.
    (d) Before executing or terminating a licensing agreement that
makes a type certificate available to another person, the type
certificate holder must notify in writing the appropriate aircraft
certification office. This notification must include the type
certificate number addressed by the licensing agreement, the name and
address of the licensee, the extent of authority granted the licensee,
and the anticipated date of the agreement.

0
20. Amend Sec.  21.50 by revising paragraph (b) and adding paragraph
(c) to read as follows:

Sec.  21.50  Instructions for continued airworthiness and
manufacturer's maintenance manuals having airworthiness limitations
sections.

* * * * *
    (b) The holder of a design approval, including either the type
certificate or supplemental type certificate for an aircraft, aircraft
engine, or propeller for which application was made after January 28,
1981, must furnish at least one set of complete Instructions for
Continued Airworthiness to the owner of each type aircraft, aircraft
engine, or propeller upon its delivery, or upon issuance of the first
standard airworthiness certificate for the affected aircraft, whichever
occurs later. The Instructions must be prepared in accordance with
Sec. Sec.  23.1529, 25.1529, 25.1729, 27.1529, 29.1529, 31.82, 33.4,
35.4, or part 26 of this subchapter, or as specified in the applicable
airworthiness criteria for special classes of aircraft defined in Sec.
21.17(b), as applicable. If the holder of a design approval chooses to
designate parts as commercial, it must include in the Instructions for
Continued Airworthiness a list of commercial parts submitted in
accordance with the provisions of paragraph (c) of this section.
Thereafter, the holder of a design approval must make those
instructions available to any other person required by this chapter to
comply with any of the terms of those instructions. In addition,
changes to the Instructions for Continued Airworthiness shall be made
available to any person required by this chapter to comply with any of
those instructions.
    (c) To designate commercial parts, the holder of a design approval,
in a manner acceptable to the FAA, must submit:
    (1) A Commercial Parts List;
    (2) Data for each part on the List showing that:
    (i) The failure of the commercial part, as installed in the
product, would not degrade the level of safety of the product; and
    (ii) The part is produced only under the commercial part
manufacturer's specification and marked only with the commercial part
manufacturer's markings; and
    (3) Any other data necessary for the FAA to approve the List.

0
21. Revise Sec.  21.53(a) to read as follows:

Sec.  21.53  Statement of conformity.

    (a) Each applicant must provide, in a form and manner acceptable to
the FAA, a statement that each aircraft engine or

propeller presented for type certification conforms to its type design.
* * * * *

Sec.  21.73  [Amended]

0
22. Amend Sec.  21.73(b) by removing the words ``Any manufacturer of
aircraft manufactured in a foreign country with which the United States
has an agreement'' and adding in their place the words ``Any
manufacturer of aircraft in a State of Manufacture subject to the
provisions of an agreement with the United States''.

0
23. Revise Sec.  21.75 to read as follows:

Sec.  21.75  Application.

    Each applicant for a provisional type certificate, for an amendment
thereto, or for a provisional amendment to a type certificate must
apply to the appropriate aircraft certification office and provide the
information required by this subpart.

0
24. Revise Sec.  21.97(a) to read as follows:

Sec.  21.97  Approval of major changes in type design.

    (a) An applicant for approval of a major change in type design
must--
    (1) Provide substantiating data and necessary descriptive data for
inclusion in the type design;
    (2) Show that the changed product complies with the applicable
requirements of this subchapter, and provide the FAA the means by which
such compliance has been shown; and
    (3) Provide a statement certifying that the applicant has complied
with the applicable requirements.
* * * * *

0
25. Revise Sec.  21.113 to read as follows:

Sec.  21.113  Requirement for supplemental type certificate.

    (a) If a person holds the TC for a product and alters that product
by introducing a major change in type design that does not require an
application for a new TC under Sec.  21.19, that person must either
apply to the appropriate aircraft certification office for an STC or
apply 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 application for a new TC under Sec.  21.19, that person must
apply to the appropriate aircraft certification office for an STC.
    (c) The application for an STC must be made in the form and manner
prescribed by the FAA.

Sec.  21.117  [Amended]

0
26. Amend Sec.  21.117 by removing the words ``if he'' from paragraph
(a) and adding in their place the words ``if the FAA finds that the
applicant''.
0
27. Revise Sec.  21.119(c) to read as follows:

Sec.  21.119   Privileges.

* * * * *
    (c) Obtain a production certificate in accordance with the
requirements of subpart G of this part for the change in the type
design approved by the supplemental type certificate.

0
28. Amend subpart F by adding Sec.  21.122 to read as follows:

Sec.  21.122  Location of or change to manufacturing facilities.

    (a) An applicant may obtain a production certificate for
manufacturing facilities located outside of the United States if the
FAA finds no undue burden in administering the applicable requirements
of Title 49 U.S.C. and this subchapter.
    (b) The type certificate holder must obtain FAA approval before
making any changes to the location of any of its manufacturing
facilities.
    (c) The type certificate holder must immediately notify the FAA, in
writing, of any change to the manufacturing facilities that may affect
the inspection, conformity, or airworthiness of its product or article.

0
29. Revise Sec.  21.123 to read as follows:

Sec.  21.123  Production under type certificate.

    Each manufacturer of a product being manufactured under a type
certificate must--
    (a) Maintain at the place of manufacture all information and data
specified in Sec. Sec.  21.31 and 21.41;
    (b) Make each product and article thereof available for inspection
by the FAA;
    (c) Maintain records of the completion of all inspections and tests
required by Sec. Sec.  21.127, 21.128, and 21.129 for at least 5 years
for the products and articles thereof manufactured under the approval
and at least 10 years for critical components identified under Sec.
45.15(c) of this chapter;
    (d) Allow the FAA to make any inspection or test, including any
inspection or test at a supplier facility, necessary to determine
compliance with this subchapter;
    (e) Mark the product in accordance with part 45 of this chapter,
including any critical parts;
    (f) Identify any portion of that product (e.g., sub-assemblies,
component parts, or replacement articles) that leave the manufacturer's
facility as FAA approved with the manufacturer's part number and name,
trademark, symbol, or other FAA-approved manufacturer's identification;
and
    (g) Except as otherwise authorized by the FAA, obtain a production
certificate for that product in accordance with subpart G of this part
within 6 months after the date of issuance of the type certificate.

Sec.  21.125  [Removed and Reserved]

0
30. Remove and reserve Sec.  21.125.
0
31. Revise Sec.  21.130 to read as follows:

Sec.  21.130  Statement of Conformity.

    Each holder or licensee of a type certificate who manufactures a
product under this subpart must provide, in a form and manner
acceptable to the FAA, a statement that the product for which the type
certificate has been issued conforms to its type certificate and is in
a condition for safe operation.

0
32. Revise subpart G to read as follows:
Subpart G--Production Certificates
Sec.
21.131 Applicability.
21.132 Eligibility.
21.133 Application.
21.135 Organization.
21.137 Quality system.
21.138 Quality manual.
21.139 Location of or change to manufacturing facilities.
21.140 Inspections and tests.
21.141 Issuance.
21.142 Production limitation record.
21.143 Duration.
21.144 Transferability.
21.145 Privileges.
21.146 Responsibility of holder.
21.147 Amendment of production certificates.
21.150 Changes in quality system.

Subpart G--Production Certificates

Sec.  21.131  Applicability.

    This subpart prescribes--
    (a) Procedural requirements for issuing production certificates;
and
    (b) Rules governing holders of those certificates.

Sec.  21.132  Eligibility.

    Any person may apply for a production certificate if that person
holds, for the product concerned--
    (a) A current type certificate,
    (b) A supplemental type certificate, or
    (c) Rights to the benefits of that type certificate or supplemental
type certificate under a licensing agreement.

Sec.  21.133  Application.

    Each applicant must apply for a production certificate in a form
and manner prescribed by the FAA.

Sec.  21.135  Organization.

    Each applicant for or holder of a production certificate must
provide the FAA with a document describing how its organization will
ensure compliance with the provisions of this subpart. At a minimum,
the document must describe assigned responsibilities and delegated
authority, and the functional relationship of those responsible for
quality to management and other organizational components.

Sec.  21.137  Quality system.

    Each applicant for or holder of a production certificate must
establish and describe in writing a quality system that ensures that
each product and article conforms to its approved design and is in a
condition for safe operation. This quality system must include:
    (a) Design data control. Procedures for controlling design data and
subsequent changes to ensure that only current, correct, and approved
data is used.
    (b) Document control. Procedures for controlling quality system
documents and data and subsequent changes to ensure that only current,
correct, and approved documents and data are used.
    (c) Supplier control. Procedures that--
    (1) Ensure that each supplier-furnished product or article conforms
to its approved design; and
    (2) Require each supplier to report to the production approval
holder if a product or article has been released from that supplier and
subsequently found not to conform to the applicable design data.
    (d) Manufacturing process control. Procedures for controlling
manufacturing processes to ensure that each product and article
conforms to its approved design.
    (e) Inspecting and testing. Procedures for inspections and tests
used to ensure that each product and article conforms to its approved
design. These procedures must include the following, as applicable:
    (1) A flight test of each aircraft produced unless that aircraft
will be exported as an unassembled aircraft.
    (2) A functional test of each aircraft engine and each propeller
produced.
    (f) Inspection, measuring, and test equipment control. Procedures
to ensure calibration and control of all inspection, measuring, and
test equipment used in determining conformity of each product and
article to its approved design. Each calibration standard must be
traceable to a standard acceptable to the FAA.
    (g) Inspection and test status. Procedures for documenting the
inspection and test status of products and articles supplied or
manufactured to the approved design.
    (h) Nonconforming product and article control. (1) Procedures to
ensure that only products or articles that conform to their approved
design are installed on a type-certificated product. These procedures
must provide for the identification, documentation, evaluation,
segregation, and disposition of nonconforming products and articles.
Only authorized individuals may make disposition determinations.
    (2) Procedures to ensure that discarded articles are rendered
unusable.
    (i) Corrective and preventive actions. Procedures for implementing
corrective and preventive actions to eliminate the causes of an actual
or potential nonconformity to the approved design or noncompliance with
the approved quality system.
    (j) Handling and storage. Procedures to prevent damage and
deterioration of each product and article during handling, storage,
preservation, and packaging.
    (k) Control of quality records. Procedures for identifying,
storing, protecting, retrieving, and retaining quality records. A
production approval holder must retain these records for at least 5
years for the products and articles manufactured under the approval and
at least 10 years for critical components identified under Sec.
45.15(c) of this chapter.
    (l) Internal audits. Procedures for planning, conducting, and
documenting internal audits to ensure compliance with the approved
quality system. The procedures must include reporting results of
internal audits to the manager responsible for implementing corrective
and preventive actions.
    (m) In-service feedback. Procedures for receiving and processing
feedback on in-service failures, malfunctions, and defects. These
procedures must include a process for assisting the design approval
holder to--
    (1) Address any in-service problem involving design changes; and
    (2) Determine if any changes to the Instructions for Continued
Airworthiness are necessary.
    (n) Quality escapes. Procedures for identifying, analyzing, and
initiating appropriate corrective action for products or articles that
have been released from the quality system and that do not conform to
the applicable design data or quality system requirements.

Sec.  21.138  Quality manual.

    Each applicant for or holder of a production certificate must
provide a manual describing its quality system to the FAA for approval.
The manual must be in the English language and retrievable in a form
acceptable to the FAA.

Sec.  21.139  Location of or change to manufacturing facilities.

    (a) An applicant may obtain a production certificate for
manufacturing facilities located outside of the United States if the
FAA finds no undue burden in administering the applicable requirements
of Title 49 U.S.C. and this subchapter.
    (b) The production certificate holder must obtain FAA approval
before making any changes to the location of any of its manufacturing
facilities.
    (c) The production certificate holder must immediately notify the
FAA, in writing, of any change to the manufacturing facilities that may
affect the inspection, conformity, or airworthiness of its product or
article.

Sec.  21.140  Inspections and tests.

    Each applicant for or holder of a production certificate must allow
the FAA to inspect its quality system, facilities, technical data, and
any manufactured products or articles and witness any tests, including
any inspections or tests at a supplier facility, necessary to determine
compliance with this subchapter.

Sec.  21.141  Issuance.

    The FAA issues a production certificate after finding that the
applicant complies with the requirements of this subpart.

Sec.  21.142  Production limitation record.

    The FAA issues a production limitation record as part of a
production certificate. The record lists the type certificate number
and the model of every product that the production certificate holder
is authorized to manufacture.

Sec.  21.143  Duration.

    A production certificate is effective until surrendered, suspended,
revoked, or the FAA otherwise establishes a termination date.

Sec.  21.144  Transferability.

    The holder of a production certificate may not transfer the
production certificate.

Sec.  21.145  Privileges.

    (a) The holder of a production certificate may--
    (1) Obtain an aircraft airworthiness certificate without further
showing, except that the FAA may inspect the aircraft for conformity
with the type design; or

    (2) In the case of other products, obtain approval from the FAA for
installation on type-certificated aircraft.
    (b) Notwithstanding the provisions of Sec.  147.3 of this chapter,
the holder of a production certificate for a primary category aircraft,
or for a normal, utility, or acrobatic category aircraft of a type
design that is eligible for a special airworthiness certificate in the
primary category under Sec.  21.184(c), may--
    (1) Conduct training for persons in the performance of a special
inspection and preventive maintenance program approved as a part of the
aircraft's type design under Sec.  21.24(b), provided a person holding
a mechanic certificate with appropriate airframe and powerplant ratings
issued under part 65 of this chapter gives the training; and
    (2) Issue a certificate of competency to persons successfully
completing the approved training program, provided the certificate
specifies the aircraft make and model to which the certificate applies.

Sec.  21.146  Responsibility of holder.

    The holder of a production certificate must--
    (a) Amend the document required by Sec.  21.135 as necessary to
reflect changes in the organization and provide these amendments to the
FAA.
    (b) Maintain the quality system in compliance with the data and
procedures approved for the production certificate;
    (c) Ensure that each completed product or article for which a
production certificate has been issued, including primary category
aircraft assembled under a production certificate by another person
from a kit provided by the holder of the production certificate,
presented for airworthiness certification or approval conforms to its
approved design and is in a condition for safe operation;
    (d) Mark the product or article for which a certificate or approval
has been issued. Marking must be in accordance with part 45 of this
chapter, including any critical parts;
    (e) Identify any portion of the product or article (e.g., sub-
assemblies, component parts, or replacement articles) that leave the
manufacturer's facility as FAA approved with the manufacturer's part
number and name, trademark, symbol, or other FAA approved
manufacturer's identification;
    (f) Have access to type design data necessary to determine
conformity and airworthiness for each product and article produced
under the production certificate;
    (g) Retain its production certificate and make it available to the
FAA upon request; and
    (h) Make available to the FAA information regarding all delegation
of authority to suppliers.

Sec.  21.147  Amendment of production certificates.

    The holder of a production certificate must apply for an amendment
to a production certificate in a form and manner prescribed by the FAA.
The applicant for an amendment to a production certificate to add a
type certificate or model, or both, must comply with the applicable
requirements of Sec. Sec.  21.137, 21.138, and 21.150.

Sec.  21.150  Changes in quality system.

    After the issuance of a production certificate--
    (a) Each change to the quality system is subject to review by the
FAA; and
    (b) The holder of a production certificate must immediately notify
the FAA, in writing, of any change that may affect the inspection,
conformity, or airworthiness of its product or article.

0
33. Amend Sec.  21.183 by revising paragraphs (c), (d)(1), (d)(2)
introductory text, and (d)(3) to read as follows:

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

* * * * *
    (c) Import aircraft. An applicant for a standard airworthiness
certificate for an import aircraft is entitled to that certificate if--
    (1) The aircraft is type certificated in accordance with Sec.
21.21 or Sec.  21.29 and produced under the authority of another State
of Manufacture;
    (2) The State of Manufacture certifies, in accordance with the
export provisions of an agreement with the United States for import of
that aircraft, that the aircraft conforms to the type design and is in
condition for safe operation; and
    (3) The FAA finds that the aircraft conforms to the type design and
is in condition for safe operation.
    (d) * * *
    (1) The applicant presents evidence to the FAA that the aircraft
conforms to a type design approved under a type certificate or a
supplemental type certificate and to applicable Airworthiness
Directives;
    (2) The aircraft (except an experimentally certificated aircraft
that previously had been issued a different airworthiness certificate
under this section) has been inspected in accordance with the
performance rules for 100-hour inspections set forth in Sec.  43.15 of
this chapter, or an equivalent performance standard acceptable to the
FAA, and found airworthy by--
* * * * *
    (3) The FAA finds after inspection, that the aircraft conforms to
the type design, and is in condition for safe operation.
* * * * *

0
34. Revise Sec.  21.185(c) to read as follows:

Sec.  21.185  Issue of airworthiness certificates for restricted
category aircraft.

* * * * *
    (c) Import aircraft. An applicant for the original issue of a
special airworthiness certificate for a restricted category import
aircraft is entitled to that certificate if--
    (1) The aircraft is type-certificated in accordance with Sec.
21.25 or Sec.  21.29 and produced under the authority of another State
of Manufacture;
    (2) The State of Manufacture certifies, in accordance with the
export provisions of an agreement with the United States for import of
that aircraft that the aircraft conforms to the type design and is in
condition for safe operation; and
    (3) The FAA finds that the aircraft conforms to the type design and
is in condition for safe operation.
* * * * *

0
35. Revise Sec.  21.195(d)(2) to read as follows:

Sec.  21.195  Experimental certificates: Aircraft to be used for market
surveys, sales demonstrations, and customer crew training.

* * * * *
    (d) * * *
    (2) The applicant shows that the aircraft has been flown for at
least 50 hours, or for at least 5 hours if it is a type certificated
aircraft which has been modified. The FAA may reduce these operational
requirements if the applicant provides adequate justification.

0
36. Revise Sec.  21.197(c) to read as follows:

Sec.  21.197  Special flight permits.

* * * * *
    (c) Upon application, as prescribed in Sec. Sec.  91.1017 or 119.51
of this chapter, a special flight permit with a continuing
authorization may be issued for aircraft that may not meet applicable
airworthiness requirements, but are capable of safe flight for the
purpose of flying aircraft to a base where maintenance or alterations
are to be

performed. The permit issued under this paragraph is an authorization,
including conditions and limitations for flight, which is set forth in
the certificate holder's operations specifications. The permit issued
under this paragraph may be issued to--
    (1) Certificate holders authorized to conduct operations under part
119 of this chapter, that have an approved program for continuing
flight authorization; or
    (2) Management specification holders authorized to conduct
operations under part 91, subpart K of this chapter for those aircraft
they operate and maintain under a continuous airworthiness maintenance
program prescribed by Sec.  91.1411 of this chapter.

Sec.  21.223  [Amended]

0
37. Amend Sec.  21.223 by removing the word ``control'' from paragraph
(c).

Sec.  21.225  [Amended]

0
38. Amend Sec.  21.225 by removing the word ``control'' from paragraph
(b).

Sec.  21.231  [Amended]

0
39. Amend Sec.  21.231(a)(6) by removing the words ``paragraph (a)(4)''
and adding in their place the words ``paragraph (a)(5)''.

Sec.  21.251  [Amended]

0
40. Amend Sec.  21.251(b)(4)(iii) and (b)(4)(iv) as follows:
    a. Remove the words ``(FAA Form 8130-3)'' in both paragraphs; and
    b. Remove the words ``Airworthiness approval tags'' and add in
their place the words ``Airworthiness approvals'' in both paragraphs.

Sec.  21.253  [Amended]

0
41. Amend Sec.  21.253 by removing the words ``(FAA Form 312)'' from
paragraph (a)(1).
0
42. Revise Sec.  21.267(d) to read as follows:

Sec.  21.267  Production certificates.

* * * * *
    (d) After placing the manufacturing and quality system data
required by Sec.  21.137 with the data required by Sec.
21.293(a)(1)(ii), a statement certifying that this has been done.

Sec.  21.271  [Amended]

0
43. Amend Sec.  21.271(a) by removing the words ``(FAA Form 8130-3)''.
0
44. Revise Sec.  21.293(a)(2) introductory text to read as follows:

Sec.  21.293  Current records.

    (a) * * *
    (2) For 5 years--
* * * * *

0
45. Revise subpart K to read as follows:
Subpart K--Parts Manufacturer Approvals
Sec.
21.301 Applicability.
21.303 Application.
21.305 Organization.
21.307 Quality system.
21.308 Quality manual.
21.309 Location of or change to manufacturing facilities.
21.310 Inspections and tests.
21.311 Issuance.
21.313 Duration.
21.314 Transferability.
21.316 Responsibility of holder.
21.319 Design changes.
21.320 Changes in quality system.

Subpart K--Parts Manufacturer Approvals

Sec.  21.301  Applicability.

    This subpart prescribes--
    (a) Procedural requirements for issuing PMAs; and
    (b) Rules governing holders of PMAs.

Sec.  21.303  Application.

    (a) The applicant for a PMA must apply in a form and manner
prescribed by the FAA, and include the following:
    (1) The identity of the product on which the article is to be
installed.
    (2) The name and address of the manufacturing facilities at which
these articles are to be manufactured.
    (3) The design of the article, which consists of--
    (i) Drawings and specifications necessary to show the configuration
of the article; and
    (ii) Information on dimensions, materials, and processes necessary
to define the structural strength of the article.
    (4) Test reports and computations necessary to show that the design
of the article meets the airworthiness requirements of this subchapter.
The test reports and computations must be applicable to the product on
which the article is to be installed, unless the applicant shows that
the design of the article is identical to the design of a article that
is covered under a type certificate. If the design of the article was
obtained by a licensing agreement, the applicant must provide evidence
of that agreement.
    (5) An applicant for a PMA based on test reports and computations
must provide a statement certifying that the applicant has complied
with the airworthiness requirements of this subchapter.
    (b) Each applicant for a PMA must make all inspections and tests
necessary to determine--
    (1) Compliance with the applicable airworthiness requirements;
    (2) That materials conform to the specifications in the design;
    (3) That the article conforms to its approved design; and
    (4) That the manufacturing processes, construction, and assembly
conform to those specified in the design.

Sec.  21.305  Organization.

    Each applicant for or holder of a PMA must provide the FAA with a
document describing how its organization will ensure compliance with
the provisions of this subpart. At a minimum, the document must
describe assigned responsibilities and delegated authority, and the
functional relationship of those responsible for quality to management
and other organizational components.

Sec.  21.307  Quality system.

    Each applicant for or holder of a PMA must establish a quality
system that meets the requirements of Sec.  21.137.

Sec.  21.308  Quality manual.

    Each applicant for or holder of a PMA must provide a manual
describing its quality system to the FAA for approval. The manual must
be in the English language and retrievable in a form acceptable to the
FAA.

Sec.  21.309  Location of or change to manufacturing facilities.

    (a) An applicant may obtain a PMA for manufacturing facilities
located outside of the United States if the FAA finds no undue burden
in administering the applicable requirements of Title 49 U.S.C. and
this subchapter.
    (b) The PMA holder must obtain FAA approval before making any
changes to the location of any of its manufacturing facilities.
    (c) The PMA holder must immediately notify the FAA, in writing, of
any change to the manufacturing facilities that may affect the
inspection, conformity, or airworthiness of its PMA article.

Sec.  21.310  Inspections and tests.

    (a) Each applicant for or holder of a PMA must allow the FAA to
inspect its quality system, facilities, technical data, and any
manufactured articles and witness any tests, including any inspections
or tests at a supplier facility, necessary to determine compliance with
this subchapter.
    (b) Unless otherwise authorized by the FAA, the applicant or
holder--
    (1) May not present any article to the FAA for an inspection or
test unless compliance with Sec.  21.303(b)(2) through (4) has been
shown for that article; and
    (2) May not make any change to an article between the time that
compliance with Sec.  21.303(b)(2) through

(4) is shown for that article and the time that the article is
presented to the FAA for the inspection or test.

Sec.  21.311  Issuance.

    The FAA issues a PMA after finding that the applicant complies with
the requirements of this subpart and the design complies with the
requirements of this chapter applicable to the product on which the
article is to be installed.

Sec.  21.313  Duration.

    A PMA is effective until surrendered, withdrawn, or the FAA
otherwise terminates it.

Sec.  21.314  Transferability.

    The holder of a PMA may not transfer the PMA.

Sec.  21.316  Responsibility of holder.

    Each holder of a PMA must--
    (a) Amend the document required by Sec.  21.305 as necessary to
reflect changes in the organization and provide these amendments to the
FAA;
    (b) Maintain the quality system in compliance with the data and
procedures approved for the PMA;
    (c) Ensure that each PMA article conforms to its approved design
and is in a condition for safe operation;
    (d) Mark the PMA article for which an approval has been issued.
Marking must be in accordance with part 45 of this chapter, including
any critical parts;
    (e) Identify any portion of the PMA article (e.g., sub-assemblies,
component parts, or replacement articles) that leave the manufacturer's
facility as FAA approved with the manufacturer's part number and name,
trademark, symbol, or other FAA approved manufacturer's identification;
    (f) Have access to design data necessary to determine conformity
and airworthiness for each article produced under the PMA;
    (g) Retain each document granting PMA and make it available to the
FAA upon request; and
    (h) Make available to the FAA information regarding all delegation
of authority to suppliers.

Sec.  21.319  Design changes.

    (a) Classification of design changes. (1) A ``minor change'' to the
design of an article produced under a PMA is one that has no
appreciable effect on the approval basis.
    (2) A ``major change'' to the design of an article produced under a
PMA is any change that is not minor.
    (b) Approval of design changes. (1) Minor changes to the basic
design of a PMA may be approved using a method acceptable to the FAA.
    (2) The PMA holder must obtain FAA approval of any major change
before including it in the design of an article produced under a PMA.

Sec.  21.320  Changes in quality system.

    After the issuance of a PMA--
    (a) Each change to the quality system is subject to review by the
FAA; and
    (b) The holder of the PMA must immediately notify the FAA, in
writing, of any change that may affect the inspection, conformity, or
airworthiness of its article.

0
46. Revise subpart L to read as follows:
Subpart L--Export Airworthiness Approvals
Sec.
21.321 Applicability.
21.325 Export airworthiness approvals.
21.327 Application.
21.329 Issuance of export certificates of airworthiness.
21.331 Issuance of export airworthiness approvals for aircraft
engines, propellers, and articles.
21.335 Responsibilities of exporters.

Subpart L--Export Airworthiness Approvals

Sec.  21.321  Applicability.

    This subpart prescribes--
    (a) Procedural requirements for issuing export airworthiness
approvals; and
    (b) Rules governing the holders of those approvals.

Sec.  21.325  Export airworthiness approvals.

    (a) An export airworthiness approval for an aircraft is issued in
the form of an export certificate of airworthiness. This certificate
does not authorize operation of that aircraft.
    (b) The FAA prescribes the form and manner in which an export
airworthiness approval for an aircraft engine, propeller, or article is
issued.
    (c) If the FAA finds no undue burden in administering the
applicable requirements of Title 49 U.S.C. and this subchapter, an
export airworthiness approval may be issued for a product or article
located outside of the United States.

Sec.  21.327  Application.

    Any person may apply for an export airworthiness approval. Each
applicant must apply in a form and manner prescribed by the FAA.

Sec.  21.329  Issuance of export certificates of airworthiness.

    (a) A person may obtain from the FAA an export certificate of
airworthiness for an aircraft if--
    (1) A new or used aircraft manufactured under subpart F or G of
this part meets the airworthiness requirements under subpart H of this
part for a--
    (i) Standard airworthiness certificate; or
    (ii) Special airworthiness certificate in either the ``primary'' or
the ``restricted'' category; or
    (2) A new or used aircraft not manufactured under subpart F or G of
this part has a valid--
    (i) Standard airworthiness certificate; or
    (ii) Special airworthiness certificate in either the ``primary'' or
the ``restricted'' category.
    (b) An aircraft need not meet a requirement specified in paragraph
(a) of this section, as applicable, if--
    (1) The importing country or jurisdiction accepts, in a form and
manner acceptable to the FAA, a deviation from that requirement; and
    (2) The export certificate of airworthiness lists as an exception
any difference between the aircraft to be exported and its type design.

Sec.  21.331  Issuance of export airworthiness approvals for aircraft
engines, propellers, and articles.

    (a) A person may obtain from the FAA an export airworthiness
approval to export a new aircraft engine, propeller, or article that is
manufactured under this part if it conforms to its approved design and
is in a condition for safe operation.
    (b) A new aircraft engine, propeller, or article need not meet a
requirement of paragraph (a) of this section if--
    (1) The importing country or jurisdiction accepts, in a form and
manner acceptable to the FAA, a deviation from that requirement; and
    (2) The export airworthiness approval lists as an exception any
difference between the aircraft engine, propeller, or article to be
exported and its approved design.
    (c) A person may obtain from the FAA an export airworthiness
approval to export a used aircraft engine, propeller, or article if it
conforms to its approved design and is in a condition for safe
operation.
    (d) A used aircraft engine or propeller need not meet a requirement
of paragraph (c) of this section if--
    (1) The importing country or jurisdiction accepts, in a form and
manner acceptable to the FAA, a deviation from that requirement; and
    (2) The export airworthiness approval lists as an exception any
difference between the used aircraft engine or propeller to be exported
and its approved design.

Sec.  21.335  Responsibilities of exporters.

    Unless otherwise agreed to by the importing country or
jurisdiction, each exporter must--

    (a) Forward to the importing country or jurisdiction all documents
specified by that country or jurisdiction;
    (b) Preserve and package products and articles as necessary to
protect them against corrosion and damage during transit or storage and
state the duration of effectiveness of such preservation and packaging;
    (c) Remove or cause to be removed any temporary installation
incorporated on an aircraft for the purpose of export delivery and
restore the aircraft to the approved configuration upon completion of
the delivery flight;
    (d) Secure all proper foreign entry clearances from all the
countries or jurisdictions involved when conducting sales
demonstrations or delivery flights; and
    (e) When title to an aircraft passes or has passed to a foreign
purchaser--
    (1) Request cancellation of the U.S. registration and airworthiness
certificates from the FAA, giving the date of transfer of title, and
the name and address of the foreign owner;
    (2) Return the Registration and Airworthiness Certificates to the
FAA; and
    (3) Provide a statement to the FAA certifying that the U.S.
identification and registration numbers have been removed from the
aircraft in compliance with Sec.  45.33.

0
47. Revise subpart N to read as follows:
Subpart N--Acceptance of Aircraft Engines, Propellers, and Articles for
Import
Sec.
21.500 Acceptance of aircraft engines and propellers.
21.502 Acceptance of articles.

Subpart N--Acceptance of Aircraft Engines, Propellers, and Articles
for Import

Sec.  21.500  Acceptance of aircraft engines and propellers.

    An aircraft engine or propeller manufactured in a foreign country
or jurisdiction meets the requirements for acceptance under this
subchapter if--
    (a) That country or jurisdiction is subject to the provisions of an
agreement with the United States for the acceptance of that product;
    (b) That product is marked in accordance with part 45 of this
chapter; and
    (c) The holder or licensee of a U.S. type certificate for that
product furnishes with each such aircraft engine or propeller imported
into the United States, an export airworthiness approval issued in
accordance with the provisions of that agreement certifying that the
individual aircraft engine or propeller--
    (1) Conforms to its U.S. type certificate and is in condition for
safe operation; and
    (2) Has been subjected by the manufacturer to a final operational
check.

Sec.  21.502  Acceptance of articles.

    An article (including an article produced under a letter of TSO
design approval) manufactured in a foreign country or jurisdiction
meets the requirements for acceptance under this subchapter if--
    (a) That country or jurisdiction is subject to the provisions of an
agreement with the United States for the acceptance of that article;
    (b) That article is marked in accordance with part 45 of this
chapter; and
    (c) An export airworthiness approval has been issued in accordance
with the provisions of that agreement for that article for import into
the United States.

0
48. Revise subpart O to read as follows:
Subpart O--Technical Standard Order Approvals
Sec.
21.601 Applicability and definitions.
21.603 Application.
21.605 Organization.
21.607 Quality system.
21.608 Quality manual.
21.609 Location of or change to manufacturing facilities.
21.610 Inspections and tests.
21.611 Issuance.
21.613 Duration.
21.614 Transferability.
21.616 Responsibility of holder.
21.618 Approval for deviation.
21.619 Design changes.
21.620 Changes in quality system.
21.621 Issue of letters of TSO design approval: import articles.

Subpart O--Technical Standard Order Approvals

Sec.  21.601  Applicability and definitions.

    (a) This subpart prescribes--
    (1) Procedural requirements for issuing TSO authorizations;
    (2) Rules governing the holders of TSO authorizations; and
    (3) Procedural requirements for issuing letters of TSO design
approval.
    (b) For the purposes of this subpart--
    (1) A TSO issued by the FAA is a minimum performance standard for
specified articles used on civil aircraft;
    (2) A TSO authorization is an FAA design and production approval
issued to the manufacturer of an article that has been found to meet a
specific TSO;
    (3) A letter of TSO design approval is an FAA design approval for
an article that has been found to meet a specific TSO in accordance
with the procedures of Sec.  21.621;
    (4) An article manufactured under a TSO authorization, an FAA
letter of acceptance as described in Sec.  21.613(b), or an article
manufactured under a letter of TSO design approval described in Sec.
21.621 is an approved article for the purpose of meeting the
regulations of this chapter that require the article to be approved;
and
    (5) An article manufacturer is the person who controls the design
and quality of the article produced (or to be produced, in the case of
an application), including any related parts, processes, or services
procured from an outside source.

Sec.  21.603  Application.

    (a) An applicant for a TSO authorization must apply to the
appropriate aircraft certification office in the form and manner
prescribed by the FAA. The applicant must include the following
documents in the application:
    (1) A statement of conformance certifying that the applicant has
met the requirements of this subpart and that the article concerned
meets the applicable TSO that is effective on the date of application
for that article.
    (2) One copy of the technical data required in the applicable TSO.
    (b) If the applicant anticipates a series of minor changes in
accordance with Sec.  21.619, the applicant may set forth in its
application the basic model number of the article and the part number
of the components with open brackets after it to denote that suffix
change letters or numbers (or combinations of them) will be added from
time to time.
    (c) If the application is deficient, the applicant must, when
requested by the FAA, provide any additional information necessary to
show compliance with this part. If the applicant fails to provide the
additional information within 30 days after the FAA's request, the FAA
denies the application and notifies the applicant.

Sec.  21.605  Organization.

    Each applicant for or holder of a TSO authorization must provide
the FAA with a document describing how the applicant's organization
will ensure compliance with the provisions of this subpart. At a
minimum, the document must describe assigned responsibilities and
delegated authority, and the functional relationship of those
responsible for quality to management and other organizational
components.

Sec.  21.607  Quality system.

    Each applicant for or holder of a TSO authorization must establish
a quality system that meets the requirements of Sec.  21.137.

Sec.  21.608  Quality manual.

    Each applicant for or holder of a TSO authorization must provide a
manual describing its quality system to the FAA for approval. The
manual must be in the English language and retrievable in a form
acceptable to the FAA.

Sec.  21.609  Location of or change to manufacturing facilities.

    (a) An applicant may obtain a TSO authorization for manufacturing
facilities located outside of the United States if the FAA finds no
undue burden in administering the applicable requirements of Title 49
U.S.C. and this subchapter.
    (b) The TSO authorization holder must obtain FAA approval before
making any changes to the location of any of its manufacturing
facilities.
    (c) The TSO authorization holder must immediately notify the FAA,
in writing, of any change to the manufacturing facilities that may
affect the inspection, conformity, or airworthiness of its product or
article.

Sec.  21.610  Inspections and tests.

    Each applicant for or holder of a TSO authorization must allow the
FAA to inspect its quality system, facilities, technical data, and any
manufactured articles and witness any tests, including any inspections
or tests at a supplier facility, necessary to determine compliance with
this subchapter.

Sec.  21.611  Issuance.

    If the FAA finds that the applicant complies with the requirements
of this subchapter, the FAA issues a TSO authorization to the applicant
(including all TSO deviations granted to the applicant).

Sec.  21.613  Duration.

    (a) A TSO authorization or letter of TSO design approval is
effective until surrendered, withdrawn, or otherwise terminated by the
FAA.
    (b) If a TSO is revised or canceled, the holder of an affected FAA
letter of acceptance of a statement of conformance, TSO authorization,
or letter of TSO design approval may continue to manufacture articles
that meet the original TSO without obtaining a new acceptance,
authorization, or approval but must comply with the requirements of
this chapter.

Sec.  21.614  Transferability.

    The holder of a TSO authorization or letter of TSO design approval
may not transfer the TSO authorization or letter of TSO design
approval.

Sec.  21.616  Responsibility of holder.

    Each holder of a TSO authorization must--
    (a) Amend the document required by Sec.  21.605 as necessary to
reflect changes in the organization and provide these amendments to the
FAA.
    (b) Maintain a quality system in compliance with the data and
procedures approved for the TSO authorization;
    (c) Ensure that each manufactured article conforms to its approved
design, is in a condition for safe operation, and meets the applicable
TSO;
    (d) Mark the TSO article for which an approval has been issued.
Marking must be in accordance with part 45 of this chapter, including
any critical parts;
    (e) Identify any portion of the TSO article (e.g., sub-assemblies,
component parts, or replacement articles) that leave the manufacturer's
facility as FAA approved with the manufacturer's part number and name,
trademark, symbol, or other FAA approved manufacturer's identification;
    (f) Have access to design data necessary to determine conformity
and airworthiness for each article produced under the TSO
authorization. The manufacturer must retain this data until it no
longer manufactures the article. At that time, copies of the data must
be sent to the FAA;
    (g) Retain its TSO authorization and make it available to the FAA
upon request; and
    (h) Make available to the FAA information regarding all delegation
of authority to suppliers.

Sec.  21.618  Approval for deviation.

    (a) Each manufacturer who requests approval to deviate from any
performance standard of a TSO must show that factors or design features
providing an equivalent level of safety compensate for the standards
from which a deviation is requested.
    (b) The manufacturer must send requests for approval to deviate,
together with all pertinent data, to the appropriate aircraft
certification office. If the article is manufactured under the
authority of a foreign country or jurisdiction, the manufacturer must
send requests for approval to deviate, together with all pertinent
data, through the civil aviation authority of that country or
jurisdiction to the FAA.

Sec.  21.619  Design changes.

    (a) Minor changes by the manufacturer holding a TSO authorization.
The manufacturer of an article under an authorization issued under this
part may make minor design changes (any change other than a major
change) without further approval by the FAA. In this case, the changed
article keeps the original model number (part numbers may be used to
identify minor changes) and the manufacturer must forward to the
appropriate aircraft certification office, any revised data that are
necessary for compliance with Sec.  21.603(b).
    (b) Major changes by the manufacturer holding a TSO authorization.
Any design change by the manufacturer extensive enough to require a
substantially complete investigation to determine compliance with a TSO
is a major change. Before making a major change, the manufacturer must
assign a new type or model designation to the article and apply for an
authorization under Sec.  21.603.
    (c) Changes by persons other than the manufacturer. No design
change by any person (other than the manufacturer who provided the
statement of conformance for the article) is eligible for approval
under this part unless the person seeking the approval is a
manufacturer and applies under Sec.  21.603(a) for a separate TSO
authorization. Persons other than a manufacturer may obtain approval
for design changes under part 43 or under the applicable airworthiness
regulations of this chapter.

Sec.  21.620  Changes in quality system.

    After the issuance of a TSO authorization--
    (a) Each change to the quality system is subject to review by the
FAA; and
    (b) The holder of the TSO authorization must immediately notify the
FAA, in writing, of any change that may affect the inspection,
conformity, or airworthiness of its article.

Sec.  21.621  Issuance of letters of TSO design approval: import
articles.

    (a) The FAA may issue a letter of TSO design approval for an
article--
    (1) Designed and manufactured in a foreign country or jurisdiction
subject to the export provisions of an agreement with the United States
for the acceptance of these articles for import; and
    (2) For import into the United States if--
    (i) The State of Design certifies that the article has been
examined, tested, and found to meet the applicable TSO

or the applicable performance standards of the State of Design and any
other performance standards the FAA may prescribe to provide a level of
safety equivalent to that provided by the TSO; and
    (ii) The manufacturer has provided to the FAA one copy of the
technical data required in the applicable performance standard through
its State of Design.
    (b) The FAA issues the letter of TSO design approval that lists any
deviation granted under Sec.  21.618.

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION

0
49. The authority citation for part 43 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707,
44711, 44713, 44717, 44725.

Sec.  43.2  [Amended]

0
50. Amend Sec.  43.2(a)(2) by removing the reference to ``Sec.  21.305
of this chapter'' and adding in its place ``part 21 of this chapter''.

0
51. Revise Sec.  43.3(j)(3) to read as follows:

Sec.  43.3  Persons authorized to perform maintenance, preventive
maintenance, rebuilding, and alterations.

* * * * *
    (j) * * *
    (3) Perform any inspection required by part 91 or part 125 of this
chapter on aircraft it manufactured under a type certificate, or
currently manufactures under a production certificate.

PART 45--IDENTIFICATION AND REGISTRATION MARKING

0
52. Revise the authority citation for part 45 to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113-40114, 44101-44105,
44107-44111, 44504, 44701, 44708-44709, 44711-44713, 44725, 45302-
45303, 46104, 46304, 46306, 47122.

PART 45--[AMENDED]

0
53. Amend part 45 by:
0
a. Removing the word ``Administrator'' and the words ``Administrator of
the FAA'' and adding in their place the word ``FAA'' wherever they
appear; and
0
b. Removing the word ``shall'' and adding in its place the word
``must'' wherever it appears.

0
54. Amend Sec.  45.1 by revising paragraphs (a) and (b) and removing
paragraph (c) to read as follows:

Sec.  45.1  Applicability.

* * * * *
    (a) Marking products and articles manufactured under--
    (1) A type certificate;
    (2) A production approval as defined under part 21 of this chapter;
and
    (3) The provisions of an agreement between the United States and
another country or jurisdiction for the acceptance of products and
articles; and
    (b) Nationality and registration marking of U.S. registered
aircraft.

Subpart B--Marking of Products and Articles

0
55. Revise the heading of subpart B to read as set forth above.

0
56. Amend subpart B by adding Sec.  45.10 to read as follows:

Sec.  45.10  Marking.

    No person may mark a product or article in accordance with this
subpart unless--
    (a) That person produced the product or article --
    (1) Under part 21, subpart F, G, K, or O of this chapter; or
    (2) For export to the United States under the provisions of an
agreement between the United States and another country or jurisdiction
for the acceptance of products and articles; and
    (b) That product or article conforms to its approved design, and is
in a condition for safe operation; and, for a TSO article; that TSO
article meets the applicable performance standards.

0
57. Revise Sec.  45.11 to read as follows:

Sec.  45.11  Marking of products.

    (a) Aircraft. A manufacturer of aircraft covered under Sec.  21.182
of this chapter must mark each aircraft by attaching a fireproof
identification plate that--
    (1) Includes the information specified in Sec.  45.13 using an
approved method of fireproof marking;
    (2) Must be secured in such a manner that it will not likely be
defaced or removed during normal service, or lost or destroyed in an
accident; and
    (3) Except as provided in paragraphs (d) through (h) of this
section, must be secured to the aircraft fuselage exterior so that it
is legible to a person on the ground, and must be either adjacent to
and aft of the rear-most entrance door or on the fuselage surface near
the tail surfaces.
    (b) Aircraft engines. A manufacturer of an aircraft engine produced
under a type certificate or production certificate must mark each
engine by attaching a fireproof identification plate. Such plate--
    (1) Must include the information specified in Sec.  45.13 using an
approved method of fireproof marking;
    (2) Must be affixed to the engine at an accessible location; and
    (3) Must be secured in such a manner that it will not likely be
defaced or removed during normal service, or lost or destroyed in an
accident.
    (c) Propellers and propeller blades and hubs. Each person who
produces a propeller, propeller blade, or propeller hub under a type
certificate or production certificate must mark each product or part
using an approved fireproof method. The marking must--
    (1) Be placed on a non-critical surface;
    (2) Contain the information specified in Sec.  45.13;
    (3) Not likely be defaced or removed during normal service; and
    (4) Not likely be lost or destroyed in an accident.
    (d) Manned free balloons. A manufacturer of manned free balloons
must mark each balloon by attaching the identification plate described
in paragraph (a) of this section. The plate must be secured to the
balloon envelope and must be located, if practicable, where it is
legible to the operator when the balloon is inflated. In addition, the
basket and heater assembly must be permanently and legibly marked with
the manufacturer's name, part number (or equivalent), and serial number
(or equivalent).
    (e) Aircraft manufactured before March 7, 1988. The owner or
operator of an aircraft manufactured before March 7, 1988 must mark the
aircraft by attaching the identification plate required by paragraph
(a) of this section. The plate must be secured at an accessible
exterior or interior location near an entrance, if the model
designation and builder's serial number are also displayed on the
exterior of the aircraft fuselage. The model designation and builder's
serial number must be--
    (1) Legible to a person on the ground,
    (2) Located either adjacent to and aft of the rear-most entrance
door or on the fuselage near the tail surfaces, and
    (3) Displayed in such a manner that they are not likely to be
defaced or removed during normal service.
    (f) For powered parachutes and weight-shift-control aircraft, the
identification plate required by paragraph (a) of this section must be
secured to the exterior of the aircraft fuselage so that it is legible
to a person on the ground.
    (g) The identification plate described in paragraph (a) of this
section may be secured to the aircraft at an accessible location near
an entrance for--
    (1) Aircraft produced for--
    (i) Operations under part 121 of this chapter,
    (ii) Commuter operations (as defined in Sec.  119.3 of this
chapter), or

    (iii) Export.
    (2) Aircraft operating under part 121 of this chapter and under an
FAA-approved continuous airworthiness maintenance program; or
    (3) Aircraft operating in commuter air carrier operations (as
defined in Sec.  119.3 of this chapter) under an FAA-approved
continuous airworthiness maintenance program.
    (h) Gliders. Paragraphs (a)(3) and (e) of this section do not apply
to gliders.

Sec.  45.13  [Amended]

0
58. Amend Sec.  45.13 by removing the text ``and (b)'' from paragraph
(a) introductory text and adding in their place the text ``through
(c)'' and by removing the words ``of this part'' from paragraph (c).

Sec.  45.14  [Removed]

0
59. Remove Sec.  45.14.

0
60. Revise Sec.  45.15 to read as follows:

Sec.  45.15  Marking requirements for PMA articles, TSO articles, and
Critical parts.

    (a) PMA articles. The manufacturer of a PMA article must
permanently and legibly mark--
    (1) Each PMA article, with the PMA holder's name, trademark,
symbol, or other FAA approved identification and part number; and
    (2) The letters ``FAA-PMA''.
    (b) TSO articles. The manufacturer of a TSO article must
permanently and legibly mark --
    (1) Each TSO article with the TSO holder's name, trademark, symbol,
or other FAA approved identification and part number; and
    (2) Each TSO article, unless otherwise specified in the applicable
TSO, with the TSO number and letter of designation, all markings
specifically required by the applicable TSO, and the serial number or
the date of manufacture of the article or both.
    (c) Critical parts. Each person who manufactures a part for which a
replacement time, inspection interval, or related procedure is
specified in the Airworthiness Limitations section of a manufacturer's
maintenance manual or Instructions for Continued Airworthiness must
permanently and legibly mark that part with a serial number (or
equivalent) unique to that part in addition to the other applicable
requirements of this section.
    (d) If the FAA finds a part or article is too small or otherwise
impractical to mark with any of the information required by this part,
the manufacturer must attach that information to the part or its
container.

Sec.  45.16  [Amended]

0
61. Amend Sec.  45.16 by removing the last sentence of the section.

    Issued in Washington, DC, on October 6, 2009.
J. Randolph Babbitt,
Administrator.
[FR Doc. E9-24821 Filed 10-15-09; 8:45 am]

BILLING CODE 4910-13-P