The FAA revised part 21, Certification Procedures for Products and Parts recently and we are going to speak specifically to Subpart L; Export Airworthiness Approvals. After the initial Notice of Proposed Rule Making (NPRM) and the public comment period closed, the final rule that emerged was considerably different. Of course many of us grumbled because lets face it, we don’t particularly like change because it usually means we have to stop what we’re accustomed to doing and switch gears so to speak. Although the changes were many, I believe they were necessary in order to clarify FAA export requirements especially considering the global environment we work in and how bilateral agreements play a larger part than ever before.
You could say the rule was eviscerated to make way for opening it up to relying more on what an importing country or jurisdiction will accept; mainly those countries with which the U.S. has entered into some type of official bilateral agreement. The FAA indicates that the changes were necessary to “facilitate global acceptance and movement of products and articles by removing prescriptive requirements.”
Subpart L contains procedural requirements in part, for issuing export airworthiness approval. It includes the different types of approvals, the issuance of those export airworthiness approvals, the application process and the responsibilities of exporters. The changes went into effect in April 2010 for Subpart L; the remaining changes to part 21 became effective April, 2011.
For those countries that have not entered into a bilateral agreement, or did not submit definitive special import requirements to the FAA, an FAA Export Certificate of Airworthiness is not necessary but still obtainable. In those instances an aircraft, engine, propeller or article would need to conform the FAA approved design or properly altered condition, and be in a condition for safe operation without exception.
Subpart L went from a lengthy 10 subsections down to 6. So what exactly was removed? To begin with an aircraft export will continue to be recorded on FAA Form 8130-4 Export Certificate of Airworthiness, but the export of engines and propellers will be recorded on FAA Form 8130-3 Authorized Release Certificate, Airworthiness Approval Tag. Articles will continue to be exported using FAA Form 8130-3. In addition, the following changes were made;
- The FAA no longer uses Class I, II and III to define products and parts.
- The term and requirements for engines and propellers to be “newly overhauled” has been removed.
- Issuance of export airworthiness approvals for aircraft, engine, propeller and article are now categorized as either new or used.
- Any used article is required to conform to its approved design and be in a condition for safe operation prior export without exception.
- Aircraft exports require and application where oral application (with exceptions) for an engine, propeller or article may be made. Check with your Designee.
- Aircraft “annual type inspection” has been removed for used aircraft. This doesn’t mean the aircraft can be a basket case or out of its inspection cycle.
- If you are considering requesting an export for anything that might have been “rebuilt” then it may or may not be eligible for export; it depends on the requirements of the importing authority.
- So what does it all mean? If the U.S. has entered into a bilateral agreement with an importing country than any non-conformities that would render deviations from conformance to an FAA approved design and safe condition will have to be cleared by the importing country and their response or acceptance must be received in writing.
Much of the intent of the changes is to allow an importing airworthiness authority to decide what is acceptable for importation into their country, and that makes sense. There are a myriad of scenarios in regard to Subpart L and the best way to cut to the chase is to contact your FAA Designee for your specific needs. If you don’t know how to contact a Designee or would like us to suggest one for you we can certainly assist you.
