143
Federal Aviation Administration, DOT
§ 21.35
classes of aircraft defined in § 21.17(b);
and
(d) For primary category aircraft, if
desired, a special inspection and pre-
ventive maintenance program designed
to be accomplished by an appropriately
rated and trained pilot-owner.
(e) Any other data necessary to
allow, by comparison, the determina-
tion of the airworthiness, noise charac-
teristics, fuel venting, and exhaust
emissions (where applicable) of later
products of the same type.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–27, 34 FR 18363, Nov. 18,
1969; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt.
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–70,
57 FR 41368, Sept. 9, 1992; Amdt. 21–90, 72 FR
63404, Nov. 8, 2007]
§ 21.33
Inspection and tests.
(a) Each applicant must allow the
FAA to make any inspection and any
flight and ground test necessary to de-
termine compliance with the applica-
ble requirements of this subchapter.
However, unless otherwise authorized
by the FAA—
(1) No aircraft, aircraft engine, pro-
peller, or part thereof may be pre-
sented to the FAA for test unless com-
pliance with paragraphs (b)(2) through
(b)(4) of this section has been shown for
that aircraft, aircraft engine, propeller,
or part thereof; and
(2) No change may be made to an air-
craft, aircraft engine, propeller, or part
thereof between the time that compli-
ance with paragraphs (b)(2) through
(b)(4) of this section is shown for that
aircraft, aircraft engine, propeller, or
part thereof and the time that it is pre-
sented to the FAA for test.
(b) Each applicant must make all in-
spections and tests necessary to deter-
mine—
(1) Compliance with the applicable
airworthiness, aircraft noise, fuel vent-
ing, and exhaust emission require-
ments;
(2) That materials and products con-
form to the specifications in the type
design;
(3) That parts of the products con-
form to the drawings in the type de-
sign; and
(4) That the manufacturing proc-
esses, construction and assembly con-
form to those specified in the type de-
sign.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–17, 32 FR 14926, Oct. 28,
1967; Amdt. 21–27, 34 FR 18363, Nov. 18, 1969;
Amdt. 21–44, 41 FR 55463, Dec. 20, 1976; Amdt.
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–68,
55 FR 32860, Aug. 10, 1990; Amdt. 21–92, 74 FR
53386, Oct. 16, 2009]
§ 21.35
Flight tests.
(a) Each applicant for an aircraft
type certificate (other than under
§§ 21.24 through 21.29) must make the
tests listed in paragraph (b) of this sec-
tion. Before making the tests the appli-
cant must show—
(1) Compliance with the applicable
structural requirements of this sub-
chapter;
(2) Completion of necessary ground
inspections and tests;
(3) That the aircraft conforms with
the type design; and
(4) That the FAA received a flight
test report from the applicant (signed,
in the case of aircraft to be certificated
under Part 25 [New] of this chapter, by
the applicant’s test pilot) containing
the results of his tests.
(b) Upon showing compliance with
paragraph (a) of this section, the appli-
cant must make all flight tests that
the FAA finds necessary—
(1) To determine compliance with the
applicable requirements of this sub-
chapter; and
(2) For aircraft to be certificated
under this subchapter, except gliders
and low-speed, certification level 1 or 2
airplanes, as defined in part 23 of this
chapter, to determine whether there is
reasonable assurance that the aircraft,
its components, and its equipment are
reliable and function properly.
(c) Each applicant must, if prac-
ticable, make the tests prescribed in
paragraph (b)(2) of this section upon
the aircraft that was used to show
compliance with—
(1) Paragraph (b)(1) of this section;
and
(2) For rotorcraft, the rotor drive en-
durance tests prescribed in § 27.923 or
§ 29.923 of this chapter, as applicable.
(d) Each applicant must show for
each flight test (except in a glider or a
manned free balloon) that adequate
provision is made for the flight test
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14 CFR Ch. I (1–1–24 Edition)
§ 21.37
crew for emergency egress and the use
of parachutes.
(e) Except in gliders and manned free
balloons, an applicant must dis-
continue flight tests under this section
until he shows that corrective action
has been taken, whenever—
(1) The applicant’s test pilot is un-
able or unwilling to make any of the
required flight tests; or
(2) Items of noncompliance with re-
quirements are found that may make
additional test data meaningless or
that would make further testing un-
duly hazardous.
(f) The flight tests prescribed in para-
graph (b)(2) of this section must in-
clude—
(1) For aircraft incorporating turbine
engines of a type not previously used in
a type certificated aircraft, at least 300
hours of operation with a full com-
plement of engines that conform to a
type certificate; and
(2) For all other aircraft, at least 150
hours of operation.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–40, 39 FR 35459, Oct. 1,
1974; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; Amdt.
21–95, 76 FR 64233, Oct. 18, 2011; Doc. No.
FAA–2015–1621, Amdt. 21–100, 81 FR 96689,
Dec. 30, 2016]
§ 21.37
Flight test pilot.
Each applicant for a normal, utility,
acrobatic, commuter, or transport cat-
egory aircraft type certificate must
provide a person holding an appro-
priate pilot certificate to make the
flight tests required by this part.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–59, 52 FR 1835, Jan. 15,
1987]
§ 21.39
Flight test instrument calibra-
tion and correction report.
(a) Each applicant for a normal, util-
ity, acrobatic, commuter, or transport
category aircraft type certificate must
submit a report to the FAA showing
the computations and tests required in
connection with the calibration of in-
struments used for test purposes and in
the correction of test results to stand-
ard atmospheric conditions.
(b) Each applicant must allow the
FAA to conduct any flight tests that
he finds necessary to check the accu-
racy of the report submitted under
paragraph (a) of this section.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–59, 52 FR 1835, Jan. 15,
1987]
§ 21.41
Type certificate.
Each type certificate is considered to
include the type design, the operating
limitations, the certificate data sheet,
the applicable regulations of this sub-
chapter with which the FAA records
compliance, and any other conditions
or limitations prescribed for the prod-
uct in this subchapter.
§ 21.43
Location of manufacturing fa-
cilities.
Except as provided in § 21.29, the FAA
does not issue a type certificate if the
manufacturing facilities for the prod-
uct are located outside of the United
States, unless the FAA finds that the
location of the manufacturer’s facili-
ties places no undue burden on the
FAA in administering applicable air-
worthiness requirements.
§ 21.45
Privileges.
The holder or licensee of a type cer-
tificate for a product may—
(a) In the case of aircraft, upon com-
pliance with §§ 21.173 through 21.189, ob-
tain airworthiness certificates;
(b) In the case of aircraft engines or
propellers, obtain approval for installa-
tion on certificated aircraft;
(c) In the case of any product, upon
compliance with subpart G of this part,
obtain a production certificate for the
type certificated product;
(d) Obtain approval of replacement
parts for that product.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–92, 74 FR 53386, Oct. 16,
2009]
§ 21.47
Transferability.
(a) A holder of a type certificate may
transfer it or make it available to
other persons by licensing agreements.
(b) For a type certificate transfer in
which the State of Design will remain
the same, each transferor must, before
such a transfer, notify the FAA in writ-
ing. This notification must include the
applicable type certificate number, the
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