21.609—Approval for deviation.

(a) Each manufacturer who requests approval to deviate from any performance standard of a TSO shall show that the standards from which a deviation is requested are compensated for by factors or design features providing an equivalent level of safety.
(b) The request for approval to deviate, together with all pertinent data, must be submitted to the Manager of the Aircraft Certification Office for the geographic area in which the manufacturer is located. If the article is manufactured in another country, the request for approval to deviate, together with all pertinent data, must be submitted through the civil aviation authority in that country to the FAA.

Code of Federal Regulations

[Doc. No. 19589, 45 FR 38346, June 9, 1980, as amended by Amdt. 21-67, 54 FR 39291, Sept. 25, 1989]

Code of Federal Regulations

Effective Date Note: By Docket No. FAA-2006-25877, 74 FR 53392, Oct. 16, 2009, subpart O of part 21 was revised, effective Apr. 14, 2010. The effective date of this revision was subsequently postponed to Apr. 16, 2011 at 75 FR 9095, Mar. 1, 2010. For the convenience of the user, the revised text is set forth as follows: Subpart O—Technical Standard Order Approvals
Code of Federal Regulations 181
§ 21.609 Location of or change to manufacturing facilities. (a) An applicant may obtain a TSO authorization for manufacturing facilities located outside of the United States if the FAA finds no undue burden in administering the applicable requirements of Title 49 U.S.C. and this subchapter. (b) The TSO authorization holder must obtain FAA approval before making any changes to the location of any of its manufacturing facilities. (c) The TSO authorization holder must immediately notify the FAA, in writing, of any change to the manufacturing facilities that may affect the inspection, conformity, or airworthiness of its product or article.