14 C.F.R. Subpart L—Export Airworthiness Approvals
Title 14 - Aeronautics and Space
Source: Amdt. 21–2, 30 FR 8465, July 2, 1965, unless otherwise noted.
(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— (i) 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; or (ii) Is identical to a type certificated product specified in paragraph (b)(1)(i) of this section in all respects except as is otherwise acceptable to the civil aviation authority of the importing state. (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. [Amdt. 21–2, 30 FR 11375, July 2, 1965, as amended by Amdt. 21–48, 44 FR 15649, Mar. 15, 1979] (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 Class III product if the manufacturer— (1) Has in his employ a designated representative of the Administrator who has been authorized to issue that approval; and (2) Holds for that product— (i) A production certificate; (ii) An approved production inspection system; (iii) An FAA Parts Manufacturer Approval (PMA); or (iv) A Technical Standard Order authorization. (a) Kinds of approvals. (1) Export airworthiness approval of Class I products is issued in the form of Export Certificates of Airworthiness, FAA Form 8130–4. 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 8130–3. (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 any of the following without assembly or flight-test: (i) 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; (ii) A glider type certificated under §21.23 of this part and manufactured under a production certificate; or (iii) A normal category rotorcraft type certificated under Part 6 of the Civil Air Regulations or Part 27 of the Federal Aviation Regulations and manufactured under a production certificate. (2) Used aircraft possessing a valid U.S. airworthiness certificate, or other used 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. (c) Export airworthiness approval exceptions. If the export airworthiness approval is issued on the basis of a written statement by the importing state as provided for in §21.327(e)(4), the requirements that are not met and the differences in configuration, if any, between the product to be exported and the related type certificated product, are listed on the export airworthiness approval as exceptions. [Amdt. 21–2, 30 FR 8465, July 2, 1965, as amended by Amdt. 21–14, 32 FR 2999, Feb. 17, 1967; Amdt. 21–43, 40 FR 2577, Jan. 14, 1975; Amdt. 21–48, 44 FR 15649, Mar. 15, 1979] (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— (i) 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 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; (3) A product that does not meet the special requirement of the importing country; or (4) A product that does not meet a requirement specified in §§21.329, 21.331, or 21.333, as applicable, for the issuance of an export airworthiness approval. The written statement must list the requirements not met. (f) Each application for export airworthiness approval of a Class I product must include, as applicable: (1) A Statement of Conformity, FAA Form 8130–9, 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 commuter category airplanes 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 classed 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, normal category rotorcraft, and gliders 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 aircraft. 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 included 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 Flight Manual when such material is required by the applicable airworthiness regulations for the particular aircraft. (9) A statement as to the date when title passed or is expected to pass to a foreign purchaser. (10) The data required by the special requirements of the importing country. [Amdt. 21–2, 30 FR 8465, July 2, 1965, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967; Amdt. 21–48, 44 FR 15650, Mar. 15, 1979; Amdt. 21–59, 52 FR 1836, Jan. 15, 1987] An applicant is entitled to an export certificate of airworthiness for a Class I product if that applicant shows at the time the product is submitted to the Administrator for export airworthiness approval that it meets the requirements of paragraphs (a) through (f) of this section, as applicable, except as provided in paragraph (g) of this section: (a) New or used aircraft manufactured in the United States must meet the airworthiness requirement for a standard U.S. airworthiness certificate under §21.183, or meet the airworthiness certification requirements for a “restricted” airworthiness certificate under §21.185. (b) New or used aircraft manufactured outside the United States must have a valid U.S. standard airworthiness certificate. (c) Used aircraft must have undergone an annual type inspection and be approved for return to service in accordance with Part 43 of this chapter. The inspection must have been performed and properly documented within 30 days before the date the application is made for an export certificate of airworthiness. In complying with this paragraph, consideration may be given to the inspections performed on an aircraft maintained in accordance with a continuous airworthiness maintenance program under Part 121 of this chapter or a progressive inspection program under Part 91 of this chapter, within the 30 days prior to the date the application is made for an export certificate of airworthiness. (d) New engines and propellers must conform to the type design and must be in a condition for safe operation. (e) Used engines and propellers which are not being exported as part of a certificated aircraft must have been newly overhauled. (f) The special requirements of the importing country must have been met. (g) A product need not meet a requirement specified in paragraphs (a) through (f) of this section, as applicable, if acceptable to the importing country and the importing country indicates that acceptability in accordance with §21.327(e)(4) of this part. [Amdt. 21–2, 30 FR 8465, July 2, 1965, as amended by Amdt. 21–8, 31 FR 2421, Feb. 5, 1966; Amdt. 21–9, 31 FR 3336, Mar. 3, 1966; Amdt. 21–48, 44 FR 15650, Mar. 15, 1979; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001] (a) An applicant is entitled to an export airworthiness approval tag for Class II products if that applicant shows, except as provided in paragraph (b) of this section, that–– (1) The products are new or have been newly overhauled and conform to the approved design data; (2) The products are in a condition for safe operation; (3) The products are identified with at least the manufacturer's name, part number, model designation (when applicable), and serial number or equivalent; and (4) The products meet the special requirements of the importing country. (b) A product need not meet a requirement specified in paragraph (a) of this section if acceptable to the importing country and the importing country indicates that acceptability in accordance with §21.327(e)(4) of this part. [Amdt. 21–2, 30 FR 8465, July 2, 1965, as amended by Amdt. 21–48, 44 FR 15650, Mar. 15, 1979] (a) An applicant is entitled to an export airworthiness approval tag for Class III products if that applicant shows, except as provided in paragraph (b) of this section, that— (1) The products conform to the approved design data applicable to the Class I or Class II product of which they are a part; (2) The products are in a condition for safe operation; and (3) The products comply with the special requirements of the importing country. (b) A product need not meet a requirement specified in paragraph (a) of this section if acceptable to the importing country and the importing country indicates that acceptability in accordance with §21.327(e)(4) of this part. [Amdt. 21–2, 30 FR 8465, July 2, 1965, as amended by Amdt. 21–48, 44 FR 15650, Mar. 15, 1979] Each exporter receiving an export airworthiness approval for a product shall— (a) Forward to the air authority of the importing country all documents and information necessary for the proper operation of the products being exported, e.g., Flight Manuals, Maintenance Manuals, Service Bulletins, and assembly instructions, and such other material as is stipulated in the special requirements of the importing country. The documents, information, and material may be forwarded by any means consistent with the special requirements of the importing country; (b) Forward the manufacturer's assembly instructions and an FAA-approved flight test checkoff form to the air authority of the importing country when unassembled aircraft are being exported. These instructions must be in sufficient detail to permit whatever rigging, alignment, and ground testing is necessary to ensure that the aircraft will conform to the approved configuration when assembled; (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 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, giving the date of transfer of title, and the name and address of the foreign owner; (2) Return the Registration and Airworthiness Certificates, AC Form 8050.3 and FAA Form 8100–2, to the FAA; and (3) Submit a statement certifying that the United States' identification and registration numbers have been removed from the aircraft in compliance with §45.33. [Amdt. 21–2, 30 FR 8465, July 2, 1965, as amended by Amdt. 21–48, 44 FR 15650, Mar. 15, 1979] Unless otherwise provided for in this subpart, each inspection and overhaul required for export airworthiness approval of Class I and Class II products must be performed and approved by one of the following: (a) The manufacturer of the product. (b) An appropriately certificated domestic repair station. (c) An appropriately certificated foreign repair station having adequate overhaul facilities, and maintenance organization appropriate to the product involved, when the product is a Class I product located in a foreign country and an international office of Flight Standards Service has approved the use of such foreign repair station. (d) The holder of an inspection authorization as provided in Part 65 of this chapter. (e) An air carrier, when the product is one that the carrier has maintained under its own or another air carrier's continuous airworthiness maintenance program and maintenance manuals as provided in Part 121 of this chapter. (f) A commercial operator, when the product is one that the operator has maintained under its continuous airworthiness maintenance program and maintenance manual as provided in Part 121 of this chapter. [Amdt. 21–2, 30 FR 8465, July 2, 1965, as amended by Amdt. 21–8, 31 FR 2421, Feb. 5, 1966; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001] A special export certificate of airworthiness may be issued for an aircraft located in the United States that is to be flown to several foreign countries for the purpose of sale, without returning the aircraft to the United States for the certificate if— (a) The aircraft possesses either— (1) A standard U.S. certificate of airworthiness; or (2) A special U.S. certificate of airworthiness in the restricted category issued under §21.185; (b) The owner files an application as required by §21.327 except that items 3 and 4 of the application (FAA Form 8130–1) need not be completed; (c) The aircraft is inspected by the Administrator before leaving the United States and is found to comply with all the applicable requirements; (d) A list of foreign countries in which it is intended to conduct sales demonstrations, together with the expected dates and duration of such demonstration, is included in the application; (e) For each prospective importing country, the applicant shows that— (1) He has met that country's special requirements, other than those requiring that documents, information, and materials be furnished; and (2) He has the documents, information, and materials necessary to meet the special requirements of that country; and (f) All other requirements for the issuance of a Class I export certificate of airworthiness are met. [Amdt. 21–12, 31 FR 12565, Sept. 23, 1966, as amended by Amdt. 21–43, 40 FR 2577, Jan. 14, 1975; Amdt. 21–55, 46 FR 44737, Sept. 8, 1981]
Title 14: Aeronautics and Space
PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
Subpart L—Export Airworthiness Approvals
§ 21.321 Applicability.
§ 21.323 Eligibility.
§ 21.325 Export airworthiness approvals.
§ 21.327 Application.
§ 21.329 Issue of export certificates of airworthiness for Class I products.
§ 21.331 Issue of airworthiness approval tags for Class II products.
§ 21.333 Issue of export airworthiness approval tags for Class III products.
§ 21.335 Responsibilities of exporters.
§ 21.337 Performance of inspections and overhauls.
§ 21.339 Special export airworthiness approval for aircraft.
