XX/XX/ XX XX AC 21

- 44A 

# Advisory Circular

Subject: Issuance of Export Airworthiness Approvals Under 14 CFR Part 21 Subpart L Date: DATE OF FINAL

RULE Initiated by: AIR

– 113 AC No: 21

- 4 4 A

1. P urpose

. This advisory circular (AC) provides information about Title 14, Code of Federal Regulations (14 CFR) part 21, Certification Procedures for Products, Article s, and Parts. The AC covers subpart L, Export Airworthiness Approvals. This AC is not mandatory and does not constitute a regulation. This AC describes an acceptable means, but not the only means, to comply with these requirements. However, if you use the means described in the AC, you must follow it in all important respects.

2. Audience

. This AC affects persons and organizations who export a product or article under the provisions of 14 CFR, part 21, subpart L.

3. Changes. The purpose of this re vision is to reflect the rule change made to 14 CFR § 21. 137

. This revision would supersede AC21

- 44

, dated 10/16/2009.

4 . Effective Date

. This AC is effective (INSERT EFFECTIVE DATE OF FINAL RULE) the day Cha nges to Production Certificates and Approva ls; Final Rule is published in the

Federal Register under docket number FAA

- 2013

- 0933

.

5. Related Publications.

a. 14 CFR Part 21, Certification Procedures for Products and Parts.

b. Order 8130.2, Airworthiness Certification of Aircraft and Related Products.

c. Order 8130.21, Procedures for Completion and Use of the Authorized Release

Certificate (ARC) , FAA Form 8130

- 3, Airworthiness Approval Tag.

d. AC 21

- 2, Requirements of Importing Countries or Jurisdictions.

6. Part 21, Subpart L Requireme nts

. Part 21, subpart L contains procedural requirements for issuing export airworthiness approvals and the rules governing the holders of those approvals. This includes requirements that address the different types of export airworthiness approvals, theXX/XX/ XX XX AC 21

– 44A

2 application process, the issuance of export airworthiness approvals, and the responsibilities of

exporters.

7. Types of Export Airworthiness Approvals.

a. Export Airworthiness Approvals for Aircraft. FAA Form 8130

- 4, Export

Certificate of Airworthin ess (C of A), is used to issue an export airworthiness approval for an

aircraft. The export C of A represents a certifying statement from the FAA that a given aircraft (1) conforms to its approved design or unless otherwise specified , and (2) is in a cond ition for safe operation at the time of examination and issuance of the certificate. When required by the importing country or jurisdiction, the export C of A also includes a supplemental statement attesting to the aircraft’s conformity to the importing c ountry’s type design. An export C of A is not an authorization to operate the aircraft.

b. Export Airworthiness Approvals for Aircraft Engines, Propellers, and Articles Issued by FAA or an Authorized Designee

. FAA Form 8130

- 3 , Authorized Release

Certif icate, is used for issuing an export airworthiness approval for a n aircraft engine, propeller,

or article. The Form 8130

- 3 is a certifying statement that a given aircraft engine, propeller, or article (1) conforms to its FAA design approval or unless othe rwise specified , and (2) is in a condition for safe operation at the time of examination and issuance of the document

.

c. Authorized Release Documents for Aircraft Engines, Propellers, and Articles Issued by a Production Approval Holder. A PAH with an approved quality system that includes the procedures specified in part 21, paragraph 21.137(o) may issue an authorized release document using FAA Form 8130

- 3 for a new aircraft engine, propeller, or article; and for a used aircraft engine, propeller, or ar ticle when rebuilt or altered in accordance with 14 CFR § 43.3(j).

The authorized release document

, Form 8130

- 3

, is a certifying statement by the production approval holder that a given aircraft engine, propelle r, or article (1) conforms to its approved

d esign data or unless otherwise specified , and (2) is in condition for safe operation at the time of

examination and release of the document. When an authorized release document is being used for the purpose of export, the production approval holder must c omply with the rules applicable to the export of new and used aircraft engines, propellers, and articles specified in § 21.331 and the responsibilities of exporters specified in § 21.335.

d. For the purpose of this AC, FAA Form 8130

- 3 , Authorized Releas ed Certificate, is

used in reference to an airworthiness approval, authorized release certificate (ARC), airworthiness approval tag, or authorized release document for aircraft engine, propeller, or

article.

NOTE: E

- Cards are no longer required for airc raft engines and propellers.

8

. Issuance of FAA Form 8130

- 4 and Form 8130

- 3 for Products or Articles Located in Another Country.XX/XX/ XX XX AC 21

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3 a. Form 8130

- 4 or Form 8130

- 3 may be issued for product s or article s located in another country as long as the FAA finds no undue burden in administering the applicable requirements of Title 49 of the United States Code, Transportation, and 14 CFR part 21 subpart L.

b. If a PAH chooses to issue a Form 8130

- 3 for an aircraft engine, propeller, or article

located in another country, an FAA undue burden assessment may not be necessary if the PAH has an FAA approved quality system that includes the procedures specified in § 21.137(o).

9. Individuals Who May Apply for an Export Airworthiness Approval. Any person may appl y for an export airworthiness approval

. Each applicant will apply in a form and manner prescribed by the FAA, as described in paragraph 10 below.

10. How to Apply for an Export Airworthiness Approval from the FAA.

a. Aircraft. For an export C of A fo r an aircraft, submit FAA Form 8130

- 1, Application for Export Certificate of Airworthiness. For new aircraft, submit applications to the

M anufacturing I nspection D istrict O ffice (MIDO) with geographic responsibility. For used aircraft, submit application s to the F light S tandards D istrict O ffice (FSDO) with geographic responsibility.

b. Aircraft Engine, Propeller, and Article. A person or a PAH who does not have an approved quality system with the procedures specified in § 21.137(o), may apply orally t o the

FAA f or an export airworthiness approval for a new or used aircraft e ngine, propeller, or article

.

c. Detailed application procedures and procedures for obtaining CAA acceptance may

be found in FAA Order 8130.2, Airworthiness Certification of Airc raft and Related Products.

11

. Issuance of an Export Airworthiness Approval 14 CFR § 21.329, Issue of export certificates of airworthiness, prescribes the requirements for the issuance of an export C of A for

either new or used aircraft. 14 CFR § 21.3 31, Issue of airworthiness approvals for aircraft engines, propellers, and articles, contains the requirements for the issuance of a export airworthiness approval for aircraft engine, propeller, and article. This includes aircraft , aircraft engines, prope llers, and articles located outside the United States, as long as the FAA finds no undue burden in administering the applicable regulations.

a. New or Used Aircraft Manufactured Under Part 21, Subpart F or Subpart G. The FAA issues an export C of A for a new or used aircraft manufactured under part 21, subpart F, Production Under Type Certificate (TC), or subpart G, Production Certificates (PC), if the aircraft meets the airworthiness requirements of part 21, subpart H, Airworthiness Certificates.

Such aircraft are eligible for either a standard airworthiness certificate, or a special airworthiness certificate in either the primary or the restricted category.

b. New or Used Aircraft Not Manufactu red Under Part 21, Subpart F or Subpart G. The FAA will also issue an export C of A for a new or used aircraft that was not manufactured under subpart F or subpart G. In this case, the aircraft already has a valid standard Comment [JC1]: Move. DuplicateXX/XX/ XX XX AC 21

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4 airworthiness certificate or a valid special airworthiness certificate in either the pri mary or restricted category (issued in accordance with the requirements of subpart H). An e xample of aircraft not manufactured under subpart F or subpart G include import aircraft that have been issued an FAA type design in accordance with § 21.29, Issue of Type Certificate: Import

Products.

c. Additional Considerations for Used Aircraft. To support the validity of its present airworthiness certificate and associated eligibility for export, used aircraft are required to have been properly maintained. Ve rification of proper maintenance includes, but is not limited to, the following:

(1) A used aircraft will have been properly maintained in accordance with

14 CFR part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration, or 14 CFR part 121, Ope rating Requirements: Domestic, Flag, and Supplemental Operations or part 135, Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons On Board Such Aircraft.

(2) A used aircraft is within the inspection times of the appropriate inspection in accordance with 14 CFR part 91, General Operating and Flight Rules, § 91.409, Inspections.

d

. Issuance of an FAA Form 8130

- 3 for Aircraft Engine, Propeller, or Article. The FAA, its designee, or a PAH may issue a Form 8130

- 3 to export an a ircraft engine, propeller, or

a rticle that meets the requirements of § 21

. 331(a) or (c) . The aircraft engine, propeller, or article is required (1) to conform to its approved design or unless otherwise specified and (2) be in a condition for safe operatio n. Only PAHs with an FAA approved quality system that includes procedures under 14 CFR § 21.137(o) may issue a Form 8130

- 3. The PAH may also issue a

Form 8130

- 3 for a new aircraft engine, propeller, or article that has been altered or rebuilt by

them in a ccordance with § 43.3(j).

1 2 . Procedures to Follow When an Aircraft, Aircraft Engine, Propeller, or Article Does Not Meet the Requirements of the following :

a. § 21.329(a )

- Aircraft

(1) A new or used aircraft does not have to meet the requirements of § 21.329(a) if the importing country or jurisdiction accepts a deviation from that requirement.

(2) At the time FAA Form 8130

- 1 is submitted, the exporter will identify to the FAA, in writing, those applicable requirements the aircraft does not meet. For

exam ple, an unassembled aircraft, or an aircraft fitted with a temporary installation for extra fuel or navigation equipment that is not an optional configuration identified in the type design, does not meet the requirements of § 21.329(a). Therefore, the exp orter will identify these items and the applicable requirements to the FAA.XX/XX/ XX XX AC 21

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5 (3) When an exporter notifies the FAA that it cannot comply with the applicable requirements of § 21.329, the FAA will request a written statement from the civil aviation authority (C AA) of the importing country or jurisdiction. Requests for acceptance of these aircraft are transmitted to, and received from, authority to authority prior to export.

(4) If the CAA of the importing country or jurisdiction provides a written statement

of acceptance to the FAA, the FAA will list as an exception on the FAA’s export C of A the differences between the aircraft to be exported and its type design. The export C of A should reference the importing CAA’s written statement of

acceptance.

b. § 2 1.331(a) or (c) Aircraft Engine, Propellers, and Articles

(1) A n aircraft engine, propeller , or new article does not hav e to meet the requirements of § 21.331 (a) or (c) for the FAA , designee, or PAH to issue a Form

8130

- 3 if the importing country or jurisdic tion accepts a deviation from that requirement. However, there are no provisions for exporting a used article that does not meet the requirements of § 21.331(c). Any used article is required to conform to its approved design and be in a condition for safe operation before

export. Form 8130

- 3 will list as an exception each difference between the aircraft engine, propeller, or new article and its approved design. The exporter will identify to the FAA all such exceptions.

(2) Prior to issuance of Form 8130

- 3 , the FAA will request a written statement from the CAA of the importing country or jurisdiction, signifying the CAA’s acceptance of the aircraft engine, propeller, or article. If the PAH intends to

issue a Form 8130

- 3, the PAH should submit a request to the FAA.

(3) The FAA shall notify the PAH of the CAA’s acceptance if the PAH will be issuing the Form 8130

- 3.

(4) If the CAA of the importing country or jurisdiction provides a written statement of acceptance, the FAA

, its designee , or PAH will list any except ions on Form

8130

- 3 in the remarks block, with reference to the importing CAA’s written statement of acceptance.

c. § 21.335 (a) Through (e)

(1) If an exporter cannot meet the requirements of § 21.335(a) through (e) as agreed to by the importing country or jurisdiction , the exporter should provide the FAA a written declaration stating which requirements cannot be complied with, and appropriate justification.

(2) The FAA will request a written statement from the CAA of the importing country or jurisdiction, sign ifying its agreement and acceptance that the exporterXX/XX/ XX XX AC 21

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6 has not met one or more of the requirements. Such requests are made between

authorities. ( Reference paragraph 1 2 (a) and (b) of this AC )

1 3

. How to Address the Requirements of Importing Countries o r Jurisdictions

a. Subpart L does not specifically address the requirements of importing countries or jurisdictions. However, as an agency of the U.S. Government, the FAA is obligated to comply with the requirements of importing countries or jurisdictio ns if these requirements are

—

(1) Specified as a provision in bilateral agreement, or

(2) Contained in a specific document formally submitted to the FAA for publication

in AC 21

- 2.

b. An exporter will satisfy each requirement of the importing country or jurisd iction

before the (1) FAA will issue an export C of A or (2) FAA, its designee or a PAH will issue a

Form 8130

- 3

. It is the exporter’s responsibility to review the specific importing requirements associated with a particular country or jurisdiction. It i s also the exporter’s responsibility, with the assistance of the FAA if needed, to determine whether the special requirements of the importing country or jurisdiction have been met before export.

c

. PAH who will be issuing a Form 8130

- 3 for exporting a ircraft engines, propellers or

articles shall als o follow paragraph 14 (a). For a PAH who applies orally to the FAA for an export airworthiness approval, the FAA principal inspector will determine the appropriate documentation needed to verify whether the requirements of the importing country or jurisdiction have been satisfied.

1 4

. Aircraft , Aircraft Engine, Propeller, or Article That Do Not Meet the Requirements of an Importing Country or Jurisdiction.

a. The exporter will identify to the FAA, in wr iting, those requirements of the importing country or jurisdiction the aircraft , engine, or propeller does not meet. Before export, the FAA will request a written statement from the CAA of the importing country or jurisdiction, signifying the CAA’s accept ance of such an aircraft , engine

, propeller or article

.

b

. If the FAA receives a written statement of acceptance from the CAA of the importing country or jurisdiction, the items failing to meet the importing country’s or jurisdiction’s requirements wil l be listed as an exception on Form 8130

- 4 for aircrafts or Form 8130

- 3 for aircraft engines or propeller , with reference to the importing CAA’s written statement of

acceptance in the remarks block. Reference should also be made in the remarks block to th e importing CAA’s written statement of acceptance. Examples of these types of items include copies of material review board reports, technical manuals describing the tools needed for maintenance, or spare parts catalogues that are not available

.

c

. Fo r PAHs Issuing a Form 8130

- 3XX/XX/ XX XX AC 21

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7 (1) A PAH who meets the requirements of issuing a Form 8130

- 3 but does not meet the requirements of the importing country or jurisdiction shall request from the FAA a written statement of acceptance from the CAA.

(2) If the FAA rece ives a written statement of acceptance from the CAA of the importing country or jurisdiction, the FAA shall notify the PAH of the acceptance. The PAH will list as an exception the items failing to meet the importing country’s or jurisdiction’s requirement s on the Form 8130

- 3 in the

remarks block. Reference should also be made in the remarks block to the importing CAA’s written statement of acceptance. Examples of these types of items include copies of material review board reports, technical manuals

desc ribing the tools needed for maintenance, or spare parts catalogues that are

not available.

1 5

. Exporting to a Country or Jurisdiction That Does Not Have a Bilateral Agreement

With the United States.

a. When exporting an aircraft , aircraft engine, pr opeller or article to a country or jurisdiction that does not have a bilateral agreement with the United States, and no definitive special import requirements have been formally submitted to the FAA, an FAA Form 8130

- 4 (aircraft) or Form 8130

- 3 ( an aircra f t engine, propeller, or articl e ) may not be necessary. A business or contractual agreement between the seller and the purchaser (for example, the PAH

and the aircraft end

- user in the importing country or jurisdiction) does not constitute or qualify as

a g overnment

- to

- government request for an export approval or document

. However, the FAA will permit the issuance of Form 8130

- 4 (aircraft) or Form 8120

- 3 (aircraft engine, propeller, or article) for export of all eligible aircraft

, aircraft engine, propeller , or article when it conform s to
their FAA

- approved design or unless otherwise specified and are in a condition for safe operation.

b. If the FAA has issued an airworthiness approval for a new aircraft engine, propeller,

or article manufactured under sub part F or subpart G, this original airworthiness approval remains with the new aircraft engine, propeller, or article being exported; a supplemental Form

8130

- 3, for the purpose of export, would not be issued.

16

. Responsibilities of Exporters. 14 CFR § 21.335 prescribes the responsibilities of exporters. Unless otherwise agreed to by the importing country or jurisdiction, each exporter will meet the following requirements:

a. Provide Importing Documents. An exporter will forward to the importing count ry or jurisdiction all documents specified by that country or jurisdiction. A list of these documents is in appendix 2 to AC 21

- 2, which contains importing country or jurisdiction special requirements. Bilateral agreements with certain countries or juris dictions may contain documentation requirements. An exporter should review each bilateral agreement for the importing requirements associated with a particular country or jurisdiction. The text of all bilateral agreements can also be found on the FAA’s w ebsite ( www.faa.gov/aircraft/aircert/international ). Comment [JC2]: Move or state

somewhere elseXX/XX/ XX XX AC 21

– 44A

8 b

. Preserve and Package Products and Articles. An exporter will preserve and package products and articles as necessary to protect the m against corrosion and damage during transit or storage. Specifically, an exporter should provide the following:

(1) A statement on the duration of effectiveness of such preservation and packaging. This statement would normally be found in the aircraft, ai rcraft engine, or propeller logbook.

(2) A statement regarding any special preservation and packaging. This statement

should be on Form 8130

- 4 (for aircraft) and Form 8130

- 3 (for aircraft engines, propellers, and articles).

(3) Any necessary instructions for th e importer on returning the product or article to a condition for safe operation (de

- preservation).

c

. Remove Temporary Installations and Restore the Aircraft.

(1) An exporter will remove or cause to be removed any temporary installation incorporated on an aircraft for the purpose of export delivery.

(2) An exporter, or someone acting on behalf of the exporter, will restore the aircraft to the approved configuration upon completion of the delivery flight. Restoring the aircraft to the approved configuration in cludes ensuring the aircraft conforms to its approved type design or properly altered condition, and is in a condition for safe operation.

d

. Secure Foreign Entry Clearances. An exporter will secure all proper foreign entry

clearances from all the count ries or jurisdictions involved when conducting sales demonstrations or delivery flights.

e

. Contact the FAA Aircraft Registry. When title to an aircraft passes or has passed to a foreign purchaser, an exporter will contact the FAA Aircraft Registry (AFS

- 750) to

—

(1) Request cancellation of the U.S. registration and airworthiness certificates from the FAA, giving the date of transfer of title, and the name and address of the foreign owner.

(2) Return the registration and airworthiness certificates to the FAA Ai rcraft Registry.

(3) Provide a statement to the FAA Aircraft Registry Office certifying that the U.S. identification and registration numbers have been removed from the aircraft in compliance with 14 CFR part 45, Identification and registration marking,§ 45.3 3, Sale of aircraft; removal of marks.XX/XX/ XX XX AC 21

– 44A

9 17

. Where to Find the Requirements of Importing Countries or Jurisdictions. The FAA website ( www.faa.gov/aircraft/aircert/international ) contains th e text of all bilateral agreements. The website also contains appendix 2 to AC 21

- 2, which includes the special import requirements that importing countries or jurisdictions have submitted to the FAA.

18

. Where to Find This AC. You may find this AC at http://www.faa.gov/regulations_policies/advisory_circulars/

.

David W. Hempe Manager Design, Manufacturing, and Airworthiness Division, AIR

- 100