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In this subpart:

21.91 Purpose

This Subpart prescribes rules governing the approval of a change to a type certificate and a type acceptance certificate.

21.93 Changes to certificates

(a) A change to a type certificate in accordance with this Subpart may include a change to any of the following:

(1) the type certificate category:

(2) the type design:

(3) the flight manual:

(4) the operating limitations:

(5) the type certificate data sheet:

(6) any special condition specified in the type certificate.

(b) A change to a type acceptance certificate must be made in accordance with rule 21.95(b).

21.95 Design changes requiring a new certificate

(a) Each applicant for a design change approval m u s t make a new application for a type certificate where—

(1) the Director determines that the proposed change in the design, configuration, power, power limitations for engines, speed limitations for engines, or weight, is so extensive that a substantially complete investigation of compliance with the airworthiness requirements is required; or

(2) for an aircraft type, the proposed change is to—

(i) the number of engines or rotors; or

(ii) engines or rotors using different principles of propulsion; or

(iii) rotors using different principles of operation; or

(3) for an aircraft engine type, the proposed change is in the principle of operation; or

(4) for a propeller type, the proposed change is in—

(i) the number of blades; or

(ii) the principle of pitch change operation; or

(iii) the blade material.

(b) Each applicant for the approval of a change to a type acceptance certificate must make a new application for a type acceptance certificate in accordance with Subpart B and provide the Director with evidence that the applicable foreign authority has approved the change to its type certificate in accordance with the applicable airworthiness requirements.

21.97 Limitations of changes to type certificates

An approved change to a type certificate is limited to the specific configuration upon which the change is made unless the applicant provides the Director with—

(1) the identification of the other configurations of the same type for which approval is requested; and

(2) evidence that the change is compatible with the other configurations.

21.99 Eligibility

An application for a change to a type certificate must be made by the certificate holder.

21.101 Application for approval

Each applicant for a change to a type certificate must complete the approved CAA form, with—

(1) the name and address for service in New Zealand of the applicant; and

(2) the information requested in 21.505; and

(3) any descriptive data for inclusion in the certificate; and

(4) such further particulars relating to the product and applicant as may be required by the Director as indicated on the form—

and submit it to the Director with a payment of the appropriate application fee prescribed by regulations made under the Act.

21.103 Approval of change to type certificate

The Director may approve a change to a type certificate and an applicant is entitled to the approval of a change to a type certificate if—

(1) the applicant meets the applicable requirements of this Subpart in a manner acceptable to the Director; and

(2) the change to the type certificate is not contrary to the interests of aviation safety; and

(3) any airworthiness requirement not complied with is compensated for by a factor that provides a level of safety acceptable to the Director for the intended continuing use of the aircraft; and

(4) there is no feature or characteristic of the changed product that makes it unsafe for the intended use if it is operated in accordance with the correctly amended flight manual or other specified limitations.

 

Subpart C

Subpart E