title-14-part-21-sec21-17

138

14 CFR Ch. I (1–1–24 Edition)

§ 21.11

§§ 21.25(a)(2) or 21.27 unless that arti-
cle—

(1) Was declared surplus by the U.S.

Armed Forces, and

(2) Was intended for use on that air-

craft model by the U.S. Armed Forces.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53385, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095,
Mar. 1, 2010; Doc. No. FAA–2015–1621, Amdt.
21–100, 81 FR 96688, Dec. 30, 2016]

Subpart B—Type Certificates

OURCE

: Docket No. 5085, 29 FR 14564, Oct.

24, 1964, unless otherwise noted.

§ 21.11

Applicability.

This subpart prescribes—
(a) Procedural requirements for the

issue of type certificates for aircraft,
aircraft engines, and propellers; and

(b) Rules governing the holders of

those certificates.

§ 21.13

Eligibility.

Any interested person may apply for

a type certificate.

[Amdt. 21–25, 34 FR 14068, Sept. 5, 1969]

§ 21.15

Application for type certificate.

(a) An application for a type certifi-

cate is made on a form and in a manner
prescribed by the FAA.

(b) An application for an aircraft

type certificate must be accompanied
by a three-view drawing of that air-
craft and available preliminary basic
data.

gine type certificate must be accom-
panied by a description of the engine
design features, the engine operating
characteristics, and the proposed en-
gine operating limitations.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–40, 39 FR 35459, Oct. 1,
1974; Amdt. 21–67, 54 FR 39291, Sept. 25, 1989;
Amdt. 21–92, 74 FR 53385, Oct. 16, 2009; Doc.
No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169,
Mar. 5, 2018]

§ 21.16

Special conditions.

If the FAA finds that the airworthi-

ness regulations of this subchapter do
not contain adequate or appropriate
safety standards for an aircraft, air-
craft engine, or propeller because of a
novel or unusual design feature of the

aircraft, aircraft engine or propeller,
he prescribes special conditions and
amendments thereto for the product.
The special conditions are issued in ac-
cordance with Part 11 of this chapter
and contain such safety standards for
the aircraft, aircraft engine or pro-
peller as the FAA finds necessary to es-
tablish a level of safety equivalent to
that established in the regulations.

[Amdt. 21–19, 32 FR 17851, Dec. 13, 1967, as
amended by Amdt. 21–51, 45 FR 60170, Sept.
11, 1980]

§ 21.17

Designation of applicable regu-

lations.

(a) Except as provided in §§ 25.2, 27.2,

29.2, and in parts 26, 34, and 36 of this
subchapter, an applicant for a type cer-
tificate must show that the aircraft,
aircraft engine, or propeller concerned
meets—

(1) The applicable requirements of

this subchapter that are effective on
the date of application for that certifi-
cate unless—

(i) Otherwise specified by the FAA; or
(ii) Compliance with later effective

amendments is elected or required
under this section; and

(2) Any special conditions prescribed

by the FAA.

(b) For special classes of aircraft, in-

cluding the engines and propellers in-
stalled thereon (e.g., gliders, airships,
and other nonconventional aircraft),
for which airworthiness standards have
not been issued under this subchapter,
the applicable requirements will be the
portions of those other airworthiness
requirements contained in Parts 23, 25,
27, 29, 31, 33, and 35 found by the FAA
to be appropriate for the aircraft and
applicable to a specific type design, or
such airworthiness criteria as the FAA
may find provide an equivalent level of
safety to those parts.

cation of a transport category aircraft
is effective for 5 years and an applica-
tion for any other type certificate is ef-
fective for 3 years, unless an applicant
shows at the time of application that
his product requires a longer period of
time for design, development, and test-
ing, and the FAA approves a longer pe-
riod.

(d) In a case where a type certificate

has not been issued, or it is clear that

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§ 21.21

a type certificate will not be issued,
within the time limit established under
paragraph (c) of this section, the appli-
cant may—

(1) File a new application for a type

certificate and comply with all the pro-
visions of paragraph (a) of this section
applicable to an original application;
or

(2) File for an extension of the origi-

nal application and comply with the
applicable airworthiness requirements
of this subchapter that were effective
on a date, to be selected by the appli-
cant, not earlier than the date which
precedes the date of issue of the type
certificate by the time limit estab-
lished under paragraph (c) of this sec-
tion for the original application.

(e) If an applicant elects to comply

with an amendment to this subchapter
that is effective after the filing of the
application for a type certificate, he
must also comply with any other
amendment that the FAA finds is di-
rectly related.

(f) For primary category aircraft, the

requirements are:

(1) The applicable airworthiness re-

quirements contained in parts 23, 27, 31,
33, and 35 of this subchapter, or such
other airworthiness criteria as the
FAA may find appropriate and applica-
ble to the specific design and intended
use and provide a level of safety ac-
ceptable to the FAA.

(2) The noise standards of part 36 ap-

plicable to primary category aircraft.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–19, 32 FR 17851, Dec. 13,
1967; Amdt. 21–24, 34 FR 364, Jan. 10, 1969;
Amdt. 21–42, 40 FR 1033, Jan. 6, 1975; Amdt.
21–58, 50 FR 46877, Nov. 13, 1985; Amdt. 21–60,
52 FR 8042, Mar. 13, 1987; Amdt. 21–68, 55 FR
32860, Aug. 10, 1990; Amdt. 21–69, 56 FR 41051,
Aug. 16, 1991; Amdt. 21–70, 57 FR 41367, Sept.
9, 1992; Amdt. 21–90, 72 FR 63404, Nov. 8, 2007;
Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR
96688, Dec. 30, 2016]

§ 21.19

Changes requiring a new type

certificate.

Each person who proposes to change

a product must apply for a new type
certificate if the FAA finds that the
proposed change in design, power,
thrust, or weight is so extensive that a
substantially complete investigation of

compliance with the applicable regula-
tions is required.

[Doc. No. 28903, 65 FR 36265, June 7, 2000]

§ 21.20

Compliance with applicable re-

quirements.

The applicant for a type certificate,

including an amended or supplemental
type certificate, must—

(a) Show compliance with all applica-

ble requirements and must provide the
FAA the means by which such compli-
ance has been shown; and

(b) Provide a statement certifying

that the applicant has complied with
the applicable requirements.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53385, Oct. 16, 2009]

§ 21.21

Issue of type certificate: nor-

mal, utility, acrobatic, commuter,
and transport category aircraft;
manned free balloons; special class-
es of aircraft; aircraft engines; pro-
pellers.

An applicant is entitled to a type cer-

tificate for an aircraft in the normal,
utility, acrobatic, commuter, or trans-
port category, or for a manned free bal-
loon, special class of aircraft, or an air-
craft engine or propeller, if—

(a) The product qualifies under § 21.27;

(b) The applicant submits the type

design, test reports, and computations
necessary to show that the product to
be certificated meets the applicable
airworthiness, aircraft noise, fuel vent-
ing, and exhaust emission require-
ments of this subchapter and any spe-
cial conditions prescribed by the FAA,
and the FAA finds—

(1) Upon examination of the type de-

sign, and after completing all tests and
inspections, that the type design and
the product meet the applicable noise,
fuel venting, and emissions require-
ments of this subchapter, and further
finds that they meet the applicable air-
worthiness requirements of this sub-
chapter or that any airworthiness pro-
visions not complied with are com-
pensated for by factors that provide an
equivalent level of safety; and

(2) For an aircraft, that no feature or

characteristic makes it unsafe for the