C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER C—AIRCRAFT › PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES › Subpart O—Technical Standard Order Approvals

14 C.F.R. § 21.619

Design changes

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(a) Minor changes by the manufacturer holding a TSO authorization. The manufacturer of an article under an authorization issued under this part may make minor design changes (any change other than a major change) without further approval by the FAA. In this case, the changed article keeps the original model number (part numbers may be used to identify minor changes) and the manufacturer must forward to the FAA, any revised data that are necessary for compliance with § 21.603(a).

(b) Major changes by the manufacturer holding a TSO authorization. Any design change by the manufacturer extensive enough to require a substantially complete investigation to determine compliance with a TSO is a major change. Before making a major change, the manufacturer must assign a new type or model designation to the article and apply for an authorization under § 21.603.

(c) Changes by persons other than the manufacturer. No design change by any person (other than the manufacturer who provided the statement of conformance for the article) is eligible for approval under this part unless the person seeking the approval is a manufacturer and applies under § 21.603(a) for a separate TSO authorization. Persons other than a manufacturer may obtain approval for design changes under part 43 or under the applicable airworthiness regulations of this chapter.

[Docket No. FAA-2006-25877, Amdt. 21-92, 74 FR 53392, Oct. 16, 2009, as amended by Doc. No. FAA-2018-0119, Amdt. 21-101, 83 FR 9169, Mar. 5, 2018; Doc. No. FAA-2022-1355, Amdt. 21-106, 87 FR 75710, Dec. 9, 2022]
Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Sikkelee Ex Rel. Est. of Sikkelee v. Precision Airmotive Corp., 822 F.3d 680 (3rd Cir. 2016).
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Sikkelee Ex Rel. Est. of Sikkelee v. Precision Airmotive Corp., 822 F.3d 680 (3rd Cir. 2016). “without further approval by'the FAA,” 14 C.F.R. § 21.619 (a). Under the regulations, then, it appears that "major changes” to the design aspects expressly set forth in or incorporated into a type certificate require preapproval, whereas "minor changes,” depending on the "method…”
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