Section 21.101

14 CFR Ch. I (1-1-19 Edition)

(1) If the FAA finds that design
changes are necessary to correct the
unsafe condition of the product, and
upon his request, submit appropriate
design changes for approval; and
(2) Upon approval of the design
changes, make available the descriptive data covering the changes to all
operators of products previously certificated under the type certificate.
(b) In a case where there are no current unsafe conditions, but the FAA or
the holder of the type certificate finds
through
service
experience
that
changes in type design will contribute
to the safety of the product, the holder
of the type certificate may submit appropriate design changes for approval.
Upon approval of the changes, the manufacturer must make information on
the design changes available to all operators of the same type of product.

spaschal on DSK3GDR082PROD with CFR

[Doc. No. 5085, 29 FR 14567, Oct. 24, 1964, as
amended by Amdt. 21-3, 30 FR 8826, July 24,
1965]

Section 21.101 Designation of applicable regulations.
(a) An applicant for a change to a
type certificate must show that the
change and areas affected by the
change comply with the airworthiness
requirements applicable to the category of the product in effect on the
date of the application for the change
and with parts 34 and 36 of this chapter.
Exceptions are detailed in paragraphs
(b) and (c) of this section.
(b) Except as provided in paragraph
(g) of this section, if paragraphs (b)(1),
(2), or (3) of this section apply, an applicant may show that the change and
areas affected by the change comply
with an earlier amendment of a regulation required by paragraph (a) of this
section, and of any other regulation
the FAA finds is directly related. However, the earlier amended regulation
may not precede either the corresponding regulation included by reference in the type certificate, or any
regulation in SectionSection 25.2, 27.2, or 29.2 of this
chapter that is related to the change.
The applicant may show compliance
with an earlier amendment of a regulation for any of the following:
(1) A change that the FAA finds not
to be significant. In determining
whether a specific change is signifi-

cant, the FAA considers the change in
context with all previous relevant design changes and all related revisions
to the applicable regulations incorporated in the type certificate for the
product. Changes that meet one of the
following criteria are automatically
considered significant:
(i) The general configuration or the
principles of construction are not retained.
(ii) The assumptions used for certification of the product to be changed do
not remain valid.
(2) Each area, system, component,
equipment, or appliance that the FAA
finds is not affected by the change.
(3) Each area, system, component,
equipment, or appliance that is affected by the change, for which the
FAA finds that compliance with a regulation described in paragraph (a) of
this section would not contribute materially to the level of safety of the
product or would be impractical.
(c) An applicant for a change to an
aircraft (other than a rotorcraft) of
6,000 pounds or less maximum weight,
to a non-turbine rotorcraft of 3,000
pounds or less maximum weight, to a
level 1 low-speed airplane, or to a level
2 low-speed airplane may show that the
change and areas affected by the
change comply with the regulations included in the type certificate. However,
if the FAA finds that the change is significant in an area, the FAA may designate compliance with an amendment
to the regulation incorporated by reference in the type certificate that applies to the change and any regulation
that the FAA finds is directly related,
unless the FAA also finds that compliance with that amendment or regulation would not contribute materially
to the level of safety of the product or
would be impractical.
(d) If the FAA finds that the regulations in effect on the date of the application for the change do not provide
adequate standards with respect to the
proposed change because of a novel or
unusual design feature, the applicant
must also comply with special conditions, and amendments to those special
conditions, prescribed under the provisions of Section 21.16, to provide a level of
safety equal to that established by the

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