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140 

14 CFR Ch. I (1–1–18 Edition) 

§ 21.23 

category in which certification is re-
quested. 

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as 
amended by Amdt. 21–15, 32 FR 3735, Mar. 4, 
1967; Amdt. 21–27, 34 FR 18368, Nov. 18, 1969; 
Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt. 
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, 
74 FR 53385, Oct. 16, 2009] 

§ 21.23

[Reserved] 

§ 21.24

Issuance of type certificate: pri-

mary category aircraft. 

(a) The applicant is entitled to a type 

certificate for an aircraft in the pri-
mary category if— 

(1) The aircraft— 
(i) Is unpowered; is an airplane pow-

ered by a single, naturally aspirated 
engine with a 61-knot or less V

so

stall 

speed as determined under part 23 of 
this chapter; or is a rotorcraft with a 6- 
pound per square foot main rotor disc 
loading limitation, under sea level 
standard day conditions; 

(ii) Weighs not more than 2,700 

pounds; or, for seaplanes, not more 
than 3,375 pounds; 

(iii) Has a maximum seating capacity 

of not more than four persons, includ-
ing the pilot; and 

(iv) Has an unpressurized cabin. 
(2) The applicant has submitted— 
(i) Except as provided by paragraph 

(c) of this section, a statement, in a 
form and manner acceptable to the 
FAA, certifying that: the applicant has 
completed the engineering analysis 
necessary to demonstrate compliance 
with the applicable airworthiness re-
quirements; the applicant has con-
ducted appropriate flight, structural, 
propulsion, and systems tests nec-
essary to show that the aircraft, its 
components, and its equipment are re-
liable and function properly; the type 
design complies with the airworthiness 
standards and noise requirements es-
tablished for the aircraft under 
§ 21.17(f); and no feature or char-
acteristic makes it unsafe for its in-
tended use; 

(ii) The flight manual required by 

§ 21.5(b), including any information re-
quired to be furnished by the applicable 
airworthiness standards; 

(iii) Instructions for continued air-

worthiness in accordance with 
§ 21.50(b); and 

(iv) A report that: summarizes how 

compliance with each provision of the 
type certification basis was deter-
mined; lists the specific documents in 
which the type certification data infor-
mation is provided; lists all necessary 
drawings and documents used to define 
the type design; and lists all the engi-
neering reports on tests and computa-
tions that the applicant must retain 
and make available under § 21.49 to sub-
stantiate compliance with the applica-
ble airworthiness standards. 

(3) The FAA finds that— 
(i) The aircraft complies with those 

applicable airworthiness requirements 
approved under § 21.17(f) of this part; 
and 

(ii) The aircraft has no feature or 

characteristic that makes it unsafe for 
its intended use. 

(b) An applicant may include a spe-

cial inspection and preventive mainte-
nance program as part of the aircraft’s 
type design or supplemental type de-
sign. 

(c) For aircraft manufactured outside 

of the United States in a country with 
which the United States has a bilateral 
airworthiness agreement for the ac-
ceptance of these aircraft, and from 
which the aircraft is to be imported 
into the United States— 

(1) The statement required by para-

graph (a)(2)(i) of this section must be 
made by the civil airworthiness au-
thority of the exporting country; and 

(2) The required manuals, placards, 

listings, instrument markings, and 
documents required by paragraphs (a) 
and (b) of this section must be sub-
mitted in English. 

[Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as 
amended by Amdt. 21–75, 62 FR 62808, Nov. 25, 
1997; Doc. No. FAA–2015–1621, Amdt. 21–100, 81 
FR 96689, Dec. 30, 2016] 

§ 21.25

Issue of type certificate: Re-

stricted category aircraft. 

(a) An applicant is entitled to a type 

certificate for an aircraft in the re-
stricted category for special purpose 
operations if he shows compliance with 
the applicable noise requirements of 
Part 36 of this chapter, and if he shows 
that no feature or characteristic of the 
aircraft makes it unsafe when it is op-
erated under the limitations prescribed 

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