148 

14 CFR Ch. I (1–1–14 Edition) 

§ 21.101 

with an earlier amendment of a regula-
tion required by paragraph (a) of this 
section, and of any other regulation 
the FAA finds is directly related. How-
ever, the earlier amended regulation 
may not precede either the cor-
responding regulation incorporated by 
reference in the type certificate, or any 
regulation in §§ 23.2, 25.2, 27.2, or 29.2 of 
this subchapter that is related to the 
change. The applicant may show com-
pliance 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 de-
sign changes and all related revisions 
to the applicable regulations incor-
porated 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 re-
tained. 

(ii) The assumptions used for certifi-

cation 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 af-
fected by the change, for which the 
FAA finds that compliance with a reg-
ulation described in paragraph (a) of 
this section would not contribute ma-
terially 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, 
or to a non-turbine rotorcraft of 3,000 
pounds or less maximum weight may 
show that the change and areas af-
fected by the change comply with the 
regulations incorporated by reference 
in the type certificate. However, if the 
FAA finds that the change is signifi-
cant in an area, the FAA may des-
ignate compliance with an amendment 
to the regulation incorporated by ref-
erence in the type certificate that ap-
plies to the change and any regulation 
that the FAA finds is directly related, 
unless the FAA also finds that compli-
ance with that amendment or regula-

tion would not contribute materially 
to the level of safety of the product or 
would be impractical. 

(d) If the FAA finds that the regula-

tions in effect on the date of the appli-
cation 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 condi-
tions, and amendments to those special 
conditions, prescribed under the provi-
sions of § 21.16, to provide a level of 
safety equal to that established by the 
regulations in effect on the date of the 
application for the change. 

(e) An application for a change to a 

type certificate for a transport cat-
egory aircraft is effective for 5 years, 
and an application for a change to any 
other type certificate is effective for 3 
years. If the change has not been ap-
proved, or if it is clear that it will not 
be approved under the time limit es-
tablished under this paragraph, the ap-
plicant may do either of the following: 

(1) File a new application for a 

change to the type certificate and com-
ply with all the provisions of paragraph 
(a) of this section applicable to an 
original application for a change. 

(2) File for an extension of the origi-

nal application and comply with the 
provisions of paragraph (a) of this sec-
tion. The applicant must then select a 
new application date. The new applica-
tion date may not precede the date the 
change is approved by more than the 
time period established under this 
paragraph (e). 

(f) For aircraft certificated under 

§§ 21.17(b), 21.24, 21.25, and 21.27 the air-
worthiness requirements applicable to 
the category of the product in effect on 
the date of the application for the 
change include each airworthiness re-
quirement that the FAA finds to be ap-
propriate for the type certification of 
the aircraft in accordance with those 
sections. 

(g) Notwithstanding paragraph (b) of 

this section, for transport category air-
planes, the applicant must show com-
pliance with each applicable provision 
of part 26 of this chapter, unless the ap-
plicant has elected or was required to 
comply with a corresponding amend-
ment to part 25 of this chapter that 

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