Subject Question Answer
Reference Documents Will the Orders be published in RGL during the implementation period (the 18-month period)? Yes. Only the current document and the 180-day document will be published in RGL.
Importing Requirements Will BASA, BAA and Importing requirements be re-negotiated to meet the new rule? No. They will be reviewed and revised at the next revision opportunity. However, Aircraft Certification International Policy Office (AIR-40) will notify FAA bilateral partners of the applicable changes in the new rule.
PAH and Applicant Procedures a. Aircraft Certification Production & Airworthiness Division (AIR-200) should identify specifically what cannot be done before the 18 month period. What can new applicants do?
b. Must they meet the old rule, or can they meet the new rule?
c. Which rule sections should they reference?
a. During the period from when the rule is published until the 18 month compliance date, PAHs and applicants should be documenting and implementing procedures that will meet the requirements of the new part 21 rule.
b. During this period, PAHs and applicants may not implement any portion of the new rule that contradicts the current rule.
c. Manuals and procedures that are revised to comply with the new rule should reference sections of the new rule.
PMA Approvals Are PMAs going to have a certificate like a production certificate (PC)? No. PMAs will continue to be issued a PMA Approval Letter.
STC ODA Does the STC ODA have to be in compliance with the rule changes? Yes. All design and production approval holders must comply with the Code of Federal Regulations (CFRs).
AC 21-42 Most preambles are forever. Since the preamble was gutted, and the preamble language is in AC 21-42, it should be available. Does AIR-200 plan to keep AC 21-42 in a repository? Yes. AC 21-42 will be available on the FAA Advisory Circulars web page, and when the AC expires, it will be available in the archives section of the same web site.
Affected Guidance & Policy Documents Why are the FAA Orders and ACs that support the rule not issued at the same (general) time that the rule is issued? The final rule has undergone changes from the NPRM that can affect the guidance to our field and the public. Aircraft Certification Service is developing guidance that will be available before the rule is effective.
Affected Guidance & Policy Documents This question is in regards to the 180 compliance date and all affected Orders and Advisory Circulars (ACs). The Orders and ACs give us guidance to formulate and revise our internal policies and procedures. When can industry expect to see the release of official changes to the guidance material in order to be in compliance on or before the April 2010 date? Orders and ACs affected by the new rule change are currently being revised.  Work on many of these changes are near completion and the revised orders and ACs will be published in the near future.
We've already published four ACs that provide guidance on the rule changes:
  • AC 21-43,  Transition Document for 14 CFR Parts 1, 21, 43, and 45
  • AC 21-43,  Production under 14 CFR Part 21, subparts F, G, K, and O
  • AC 21-44,  Issuance of Export Airworthiness Approvals under 14 CFR Part 21, subpart L
  • AC 45-2D,  Identification and Registration Marking

  • This 14 CFR Parts 1, 21, 43, and 45 Amendments website includes web pages that list the Affected Advisory Circulars and Affected Orders.  We will update these web pages to include links to revised orders and ACs as they are published.
    Inactive PAH, Part 21 Amendment Applicability Must a PAH that is inactive, as defined in 8120-2, meet the requirements of the new Part 21 rule by the effective date of the rule? Yes. When the rule states that "an applicant for or holder of a Production Certificate (PC), Parts Manufactuer Approval (PMA), or Technical Standard Order Approval (TSOA) must..." then all current production approval holders must be in compliance by the effective dates. Whether or not they are currently producing under their production approval has no bearing on the fact that they currently hold a production approval.


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