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In this subpart:

21.111 Purpose

This Subpart prescribes—

(1) rules governing the issue of a supplemental type certificate; and

(2) the responsibilities of a holder of a supplemental type certificate.

21.113 Supplemental type certificate

A supplemental type certificate issued in accordance with this Subpart may allow changes of the following type or in the following circumstances:

(1) to the type certificate category or type acceptance certificate category; or

(2) to the type design; or

(3) to the flight manual; or

(4) to the operating limitations; or

(5) to any special conditions prescribed on the type certificate or type acceptance certificate; or

(6) where a person who is not the type certificate holder for a product intends to make a major modification to the product; or

(7) where a person wishes to obtain a supplemental type certificate for any valid commercial purpose (for example, the applicant is party to a sale to a second party or requires such a certificate for acceptance by a foreign regulatory authority).

21.115 Eligibility

Any person may apply for a supplemental type certificate.

21.117 Application for certificate

An applicant for a supplemental type certificate must complete the approved CAA form and submit it to the Director with —

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

(2) the information requested in—

(i) 21.33; and

(ii) 21.35; and

(iii) 21.505(a); and

(iv) 21.32 if the proposed changes may affect the aircraft noise or engine emission levels; and

(3) such further particulars relating to the design change and the applicant as may be required by the Director as indicated on the form; and

(4) payment of the appropriate application fee prescribed by regulations made under the Act.

21.119 Issue of certificate

(a) The Director may issue a supplemental type certificate for a product or product type and an applicant is entitled to a supplemental type certificate if the Director is satisfied that—

(1) the applicant meets the applicable requirements of this Subpart; and

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

(3) any airworthiness requirement that is not complied with is compensated for by a factor that provides an equivalent level of safety; and

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

(b) A certificate issued by the Director under this Subpart may be subject to conditions as the Director considers appropriate in each particular case.

21.121 Transfer of certificate

(a) The holder of a supplemental type certificate must not transfer the certificate to an organisation or person other than an organisation or person accepted by the Director as able to undertake the responsibilities of 21.123.

(b) The holder of a supplemental type certificate must, before transferring the certificate—

(1) notify the Director in writing, of the name and address for service in New Zealand of the transferee; and

(2) produce the certificate to the Director for amendment.

21.123 Responsibilities of certificate holder

(a) The holder of the supplemental type certificate must—

(1) undertake the continued airworthiness responsibilities required by 146.61 in respect of the change to a type certificated product; and

(2) upon the Director’s request, provide the Director with evidence of appropriate liaison with the holder of the type certificate of the product; and

(3) ensure that—

(i) all records are legible and of a permanent nature; and

(ii) except as provided in paragraph (b), the record of a design or design change is retained for a period of 2 years from the date the last example of the product type is permanently withdrawn from service; and

(4) upon the Director’s request, make the certificate, design information, drawings, test reports, and inspection records available to the Director.

(b) The Director may permit records to be retained for a lesser period than that required by paragraph (a)(3)(ii).

21.125 Changes to certificate

The holder of a supplemental type certificate intending to make a significant change to the design change described in the certificate must—

(1) apply for an amendment to the supplemental type certificate on the approved form; or

(2) apply for a new supplemental type certificate.

 

Subpart D

Subpart F