title-14-part-21-sec21-47

144

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;

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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§ 21.50

name and address of the transferee, and
the anticipated date of the transfer.

which the State of Design is changing,
a type certificate may only be trans-
ferred to or from a person subject to
the authority of another State of De-
sign if the United States has an agree-
ment with that State of Design for the
acceptance of the affected product for
export and import. Each transferor
must notify the FAA before such a
transfer in a form and manner accept-
able to the FAA. This notification
must include the applicable type cer-
tificate number; the name, address, and
country of residence of the transferee;
and the anticipated date of the trans-
fer.

(d) Before executing or terminating a

licensing agreement that makes a type
certificate available to another person,
the type certificate holder must notify
the FAA in writing. This notification
must include the type certificate num-
ber addressed by the licensing agree-
ment, the name and address of the li-
censee, the extent of authority granted
the licensee, and the anticipated date
of the agreement.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53386, Oct. 16, 2009; Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]

§ 21.49

Availability.

The holder of a type certificate must

make the certificate available for ex-
amination upon the request of the FAA
or the National Transportation Safety
Board.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Doc. No. 8084, 32 FR 5769, Apr. 11,
1967]

§ 21.50

Instructions for continued air-

worthiness and manufacturer’s
maintenance manuals having air-
worthiness limitations sections.

(a) The holder of a type certificate

for a rotorcraft for which a Rotorcraft
Maintenance Manual containing an
‘‘Airworthiness Limitations’’ section
has been issued under § 27.1529 (a)(2) or
§ 29.1529 (a)(2) of this chapter, and who
obtains approval of changes to any re-
placement time, inspection interval, or
related procedure in that section of the
manual, must make those changes

available upon request to any operator
of the same type of rotorcraft.

(b) The holder of a design approval,

including either a type certificate or
supplemental type certificate for an
aircraft, aircraft engine, or propeller
for which application was made after
January 28, 1981, must furnish at least
one set of complete Instructions for
Continued Airworthiness to the owner
of each type aircraft, aircraft engine,
or propeller upon its delivery, or upon
issuance of the first standard air-
worthiness certificate for the affected
aircraft, whichever occurs later. The
Instructions for Continued Airworthi-
ness must be prepared in accordance
with §§ 23.1529, 25.1529, 25.1729, 27.1529,
29.1529, 31.82, 33.4, 35.4, or part 26 of this
subchapter, or as specified in the appli-
cable airworthiness criteria for special
classes of aircraft defined in § 21.17(b),
as applicable. If the holder of a design
approval chooses to designate parts as
commercial, it must include in the In-
structions for Continued Airworthiness
a list of commercial parts submitted in
accordance with the provisions of para-
graph (c) of this section. Thereafter,
the holder of a design approval must
make those instructions available to
any other person required by this chap-
ter to comply with any of the terms of
those instructions. In addition,
changes to the Instructions for Contin-
ued Airworthiness shall be made avail-
able to any person required by this
chapter to comply with any of those in-
structions.

the holder of a design approval, in a
manner acceptable to the FAA, must
submit:

(1) A Commercial Parts List;
(2) Data for each part on the List

showing that:

(i) The failure of the commercial

part, as installed in the product, would
not degrade the level of safety of the
product; and

(ii) The part is produced only under

the commercial part manufacturer’s
specification and marked only with the
commercial part manufacturer’s mark-
ings; and