14 C.F.R. Subpart J—Delegation Option Authorization Procedures
Title 14 - Aeronautics and Space
Source: Amdt. 21–5, 30 FR 11375, Sept. 8, 1965, unless otherwise noted.
This subpart prescribes procedures for— (a) Obtaining and using a delegation option authorization for type, production, and airworthiness certification (as applicable) of— (1) Small airplanes and small gliders; (2) Commuter category airplanes; (3) Normal category rotorcraft; (4) Turbojet engines of not more than 1,000 pounds thrust; (5) Turbopropeller and reciprocating engines of not more than 500 brake horsepower; and (6) Propellers manufactured for use on engines covered by paragraph (a)(4) of this section; and (b) Issuing airworthiness approval tags for engines, propellers, and parts of products covered by paragraph (a) of this section. [Amdt. 21–5, 30 FR 11375, Sept. 8, 1965, as amended by Amdt. 21–59, 52 FR 1836, Jan. 15, 1987] (a) An application for a Delegation Option Authorization must be submitted, in a form and manner prescribed by the Administrator, to the Aircraft Certification Office for the area in which the manufacturer is located. (b) An application must include the names, signatures, and titles of the persons for whom authorization to sign airworthiness certificates, repair and alterations forms, and inspection forms is requested. (c) After November 14, 2006, the Administrator will no longer accept applications for a Delegation Option Authorization. (d) After November 14, 2009, no person may perform any function contained in a Delegation Option Authorization issued under this subpart. [Amdt. No. 21–86, 70 FR 59946, Oct. 13, 2005] To be eligible for a delegation option authorization, the applicant must— (a) Hold a current type certificate, issued to him under the standard procedures, for a product type certificated under the same part as the products for which the delegation option authorization is sought; (b) Hold a current production certificate issued under the standard procedures; (c) Employ a staff of engineering, flight test, production and inspection personnel who can determine compliance with the applicable airworthiness requirements of this chapter; and (d) Meet the requirements of this subpart. A delegation option authorization is effective until it is surrendered or the Administrator suspends, revokes, or otherwise terminates it. The holder of a delegation option authorization shall continue to meet the requirements for issue of the authorization or shall notify the Administrator within 48 hours of any change (including a change of personnel) that could affect the ability of the holder to meet those requirements. A delegation option authorization is not transferable. Upon request, each holder of a delegation option authorization and each applicant shall let the Administrator inspect his organization, facilities, product, and records. (a) Delegation option authorizations apply only to products that are manufactured by the holder of the authorization. (b) Delegation option authorizations may be used for— (1) Type certification; (2) Changes in the type design of products for which the manufacturer holds, or obtains, a type certificate; (3) The amendment of a production certificate held by the manufacturer to include additional models or additional types for which he holds or obtains a type certificate; and (4) The issue of— (i) Experimental certificates for aircraft for which the manufacturer has applied for a type certificate or amended type certificate under §21.253, to permit the operation of those aircraft for the purpose of research and development, crew training, market surveys, or the showing of compliance with the applicable airworthiness requirements; (ii) Airworthiness certificates (other than experimental certificates) for aircraft for which the manufacturer holds a type certificate and holds or is in the process of obtaining a production certificate; (iii) Airworthiness approval tags (FAA Form 8130–3) for engines and propellers for which the manufacturer holds a type certificate and holds or is in the process of obtaining a production certificate; and (iv) Airworthiness approval tags (FAA Form 8130–3) for parts of products covered by this section. (c) Delegation option procedures may be applied to one or more types selected by the manufacturer, who must notify the FAA of each model, and of the first serial number of each model manufactured by him under the delegation option procedures. Other types or models may remain under the standard procedures. (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. [Amdt. 21–5, 30 FR 11375, Sept. 8, 1965, as amended by Amdt. 21–31, 35 FR 7292, May 9, 1970; Amdt. 21–43, 40 FR 2576, Jan. 14, 1975] (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. An applicant is entitled to a type certificate for a product manufactured under a delegation option authorization if the Administrator finds that the product meets the applicable airworthiness, noise, fuel venting, and exhaust emission requirements (including applicable acoustical change or emissions change requirements in the case of changes in type design). [Amdt. 21–68, 55 FR 32860, Aug. 10, 1990] The manufacturer shall obtain the Administrator's concurrence on the application of all equivalent safety provisions applied under §21.21. To have a new model or new type certificate listed on his production certificate (issued under Subpart G of this part), the manufacturer must submit to the Administrator— (a) An application for an amendment to the production certificate; (b) After determining that the production certification requirements of Subpart G, with respect to the new model or type, are met, a statement certifying that this determination has been made; (c) A statement identifying the type certificate number under which the product is being manufactured; and (d) After placing the manufacturing and quality control data required by §21.143 with the data required by §21.293(a)(1)(ii), a statement certifying that this has been done. The manufacturer may issue export airworthiness approvals. (a) A manufacturer may issue an airworthiness approval tag (FAA Form 8130–3) for each engine and propeller covered by §21.251(b)(4), and may issue an airworthiness approval tag for parts of each product covered by that section, if he finds, on the basis of inspection and operation tests, that those products conform to a type design for which he holds a type certificate and are in condition for safe operation. (b) When a new model has been included on the Production Limitation Record, the production certification number shall be stamped on the engine or propeller identification data place instead of issuing an airworthiness approval tag. [Amdt. 21–5, 30 FR 11375, Sept. 8, 1965, as amended by Amdt. 21–43, 40 FR 2577, Jan. 14, 1975] (a) The manufacturer may issue an airworthiness certificate for aircraft manufactured under a delegation option authorization if he finds, on the basis of the inspection and production flight check, that each aircraft conforms to a type design for which he holds a type certificate and is in a condition for safe operation. (b) The manufacturer may authorize any employee to sign airworthiness certificates 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's application for the delegation option authorization, or on amendments thereof. [Amdt. 21–5, 30 FR 11375, Sept. 8, 1965, as amended by Amdt. 21–18, 32 FR 15472, Nov. 7, 1967] (a) The manufacturer shall, before issuing an experimental certificate, obtain from the Administration any limitations and conditions that the Administrator 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. (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. 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. (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 operating under the delegation option authorization— (i) 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.
Title 14: Aeronautics and Space
PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
Subpart J—Delegation Option Authorization Procedures
§ 21.231 Applicability.
§ 21.235 Application.
§ 21.239 Eligibility.
§ 21.243 Duration.
§ 21.245 Maintenance of eligibility.
§ 21.247 Transferability.
§ 21.249 Inspections.
§ 21.251 Limits of applicability.
§ 21.253 Type certificates: application.
§ 21.257 Type certificates: issue.
§ 21.261 Equivalent safety provisions.
§ 21.267 Production certificates.
§ 21.269 Export airworthiness approvals.
§ 21.271 Airworthiness approval tags.
§ 21.273 Airworthiness certificates other than experimental.
§ 21.275 Experimental certificates.
§ 21.277 Data review and service experience.
§ 21.289 Major repairs, rebuilding and alteration.
§ 21.293 Current records.
