Common use of Establishment of the FAA or EASA Type Certification Basis Clause in Contracts

Establishment of the FAA or EASA Type Certification Basis. For changes to a type design, the FAA shall develop its certification basis in accordance with 14 CFR 21.101, and EASA shall develop its certification basis in accordance with EASA Part 21.101, both using the date of application to the CA as the reference date to be used in establishing the VA certification basis. Notwithstanding the VA’s right to establish its own certification basis, the VA may accept, and should consider exceptions established by the CA according to 14 CFR 21.101 or EASA Part 21.101, as applicable. 3.2.3.1 In the case of an acoustical change, for FAA approval compliance must be shown with the applicable noise requirements of 14 CFR Part 36 in effect on the date of application to the FAA for approval of the design change. In the case of an emissions change, for FAA approval compliance must be shown with the applicable fuel venting and exhaust emissions requirements of 14 CFR Part 34. 3.2.3.2 In the case of a change having an effect on noise, fuel venting, or exhaust emissions, for EASA approval applicants must also comply with the applicable noise, fuel venting, and exhaust emissions standards as defined in EASA Part 21, that are in effect on the date of application for design change approval to EASA.