title-14-part-21

130

SUBCHAPTER C—AIRCRAFT

PART 21—CERTIFICATION PROCE-

DURES FOR PRODUCTS AND AR-
TICLES

PECIAL

EDERAL

VIATION

EGULATION

Subpart A—General

Sec.
21.1

Applicability and definitions.

21.2

Falsification of applications, reports,

or records.

21.3

Reporting of failures, malfunctions,

and defects.

21.4

ETOPS reporting requirements.

21.5

Airplane or Rotorcraft Flight Manual.

21.6

Manufacture of new aircraft, aircraft

engines, and propellers.

21.7

Continued airworthiness and safety im-

provements for transport category air-
planes.

21.8

Approval of articles.

21.9

Replacement and modification articles.

Subpart B—Type Certificates

21.11

Applicability.

21.13

Eligibility.

21.15

Application for type certificate.

21.16

Special conditions.

21.17

Designation of applicable regulations.

21.19

Changes requiring a new type certifi-

cate.

21.20

Compliance with applicable require-

ments.

21.21

Issue of type certificate: normal, util-

ity, acrobatic, commuter, and transport
category aircraft; manned free balloons;
special classes of aircraft; aircraft en-
gines; propellers.

21.23

[Reserved]

21.24

Issuance of type certificate: primary

category aircraft.

21.25

Issue of type certificate: Restricted

category aircraft.

21.27

Issue of type certificate: surplus air-

craft of the Armed Forces.

21.29

Issue of type certificate: import prod-

ucts.

21.31

Type design.

21.33

Inspection and tests.

21.35

Flight tests.

21.37

Flight test pilot.

21.39

Flight test instrument calibration and

correction report.

21.41

Type certificate.

21.43

Location of manufacturing facilities.

21.45

Privileges.

21.47

Transferability.

21.49

Availability.

21.50

Instructions for continued airworthi-

ness and manufacturer’s maintenance
manuals having airworthiness limita-
tions sections.

21.51

Duration.

21.53

Statement of conformity.

21.55

Responsibility of type certificate hold-

ers to provide written licensing agree-
ments.

Subpart C—Provisional Type Certificates

21.71

Applicability.

21.73

Eligibility.

21.75

Application.

21.77

Duration.

21.79

Transferability.

21.81

Requirements for issue and amend-

ment of Class I provisional type certifi-
cates.

21.83

Requirements for issue and amend-

ment of Class II provisional type certifi-
cates.

21.85

Provisional amendments to type cer-

tificates.

Subpart D—Changes to Type Certificates

21.91

Applicability.

21.93

Classification of changes in type de-

sign.

21.95

Approval of minor changes in type de-

sign.

21.97

Approval of major changes in type de-

sign.

21.99

Required design changes.

21.101

Designation of applicable regulations.

Subpart E—Supplemental Type Certificates

21.111

Applicability.

21.113

Requirement for supplemental type

certificate.

21.115

Applicable requirements.

21.117

Issue of supplemental type certifi-

cates.

21.119

Privileges.

21.120

Responsibility of supplemental type

certificate holders to provide written
permission for alterations.

Subpart F—Production Under Type

Certificate

21.121

Applicability.

21.122

Location of or change to manufac-

turing facilities.

21.123

Production under type certificate.

21.125

[Reserved]

21.127

Tests: aircraft.

21.128

Tests: aircraft engines.

21.129

Tests: propellers.

21.130

Statement of conformity.

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Pt. 21

Subpart G—Production Certificates

21.131

Applicability.

21.132

Eligibility.

21.133

Application.

21.135

Organization.

21.137

Quality system.

21.138

Quality manual.

21.139

Location of or change to manufac-

turing facilities.

21.140

Inspections and tests.

21.141

Issuance.

21.142

Production limitation record.

21.143

Duration.

21.144

Transferability.

21.145

Privileges.

21.146

Responsibility of holder.

21.147

Amendment of production certifi-

cates.

21.150

Changes in quality system.

Subpart H—Airworthiness Certificates

21.171

Applicability.

21.173

Eligibility.

21.175

Airworthiness certificates: classifica-

tion.

21.177

Amendment or modification.

21.179

Transferability.

21.181

Duration.

21.182

Aircraft identification.

21.183

Issue of standard airworthiness cer-

tificates for normal, utility, acrobatic,
commuter, and transport category air-
craft; manned free balloons; and special
classes of aircraft.

21.184

Issue of special airworthiness certifi-

cates for primary category aircraft.

21.185

Issue of airworthiness certificates for

restricted category aircraft.

21.187

Issue of multiple airworthiness cer-

tification.

21.189

Issue of airworthiness certificate for

limited category aircraft.

21.190

Issue of a special airworthiness cer-

tificate for a light-sport category air-
craft.

21.191

Experimental certificates.

21.193

Experimental certificates: general.

21.195

Experimental certificates: Aircraft to

be used for market surveys, sales dem-
onstrations, and customer crew training.

21.197

Special flight permits.

21.199

Issue of special flight permits.

Subpart I—Provisional Airworthiness

Certificates

21.211

Applicability.

21.213

Eligibility.

21.215

Application.

21.217

Duration.

21.219

Transferability.

21.221

Class I provisional airworthiness cer-

tificates.

21.223

Class II provisional airworthiness cer-

tificates.

21.225

Provisional airworthiness certificates

corresponding with provisional amend-
ments to type certificates.

Subpart J

[

Reserved

]

Subpart K—Parts Manufacturer Approvals

21.301

Applicability.

21.303

Application.

21.305

Organization.

21.307

Quality system.

21.308

Quality manual.

21.309

Location of or change to manufac-

turing facilities.

21.310

Inspections and tests.

21.311

Issuance.

21.313

Duration.

21.314

Transferability.

21.316

Responsibility of holder.

21.319

Design changes.

21.320

Changes in quality system.

Subpart L—Export Airworthiness Approvals

21.321

Applicability.

21.325

Export airworthiness approvals.

21.327

Application.

21.329

Issuance of export certificates of air-

worthiness.

21.331

Issuance of export airworthiness ap-

provals for aircraft engines, propellers,
and articles.

21.335

Responsibilities of exporters.

Subpart M

[

Reserved

]

Subpart N—Acceptance of Aircraft

Engines, Propellers, and Articles for Import

21.500

Acceptance of aircraft engines and

propellers.

21.502

Acceptance of articles.

Subpart O—Technical Standard Order

Approvals

21.601

Applicability and definitions.

21.603

Application.

21.605

Organization.

21.607

Quality system.

21.608

Quality manual.

21.609

Location of or change to manufac-

turing facilities.

21.610

Inspections and tests.

21.611

Issuance.

21.613

Duration.

21.614

Transferability.

21.616

Responsibility of holder.

21.618

Approval for deviation.

21.619

Design changes.

21.620

Changes in quality system.

21.621

Issue of letters of TSO design ap-

proval: Import articles.

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14 CFR Ch. I (1–1–24 Edition)

Pt. 21, SFAR No. 88

Subpart P—Special Federal Aviation

Regulations

21.700

SFAR No. 111—Lavatory oxygen sys-

tems.

UTHORITY

: 42 U.S.C. 7572; 49 U.S.C. 106(f),

106(g), 40105, 40113, 44701–44702, 44704, 44707,
44709, 44711, 44713, 44715, 45303.

DITORIAL

OTES

: 1. For miscellaneous

amendments to cross references in this 21 see
Amdt. 21–10, 31 FR 9211, July 6, 1966.

2. Nomenclature changes to part 21 appear

at 74 FR 53384, Oct. 16, 2009.

PECIAL

EDERAL

VIATION

EGULATION

. 88—F

UEL

ANK

YSTEM

AULT

OLERANCE

VALUATION

EQUIRE

MENTS

Applicability. This SFAR applies to the

holders of type certificates, and supple-
mental type certificates that may affect the
airplane fuel tank system, for turbine-pow-
ered transport category airplanes, provided
the type certificate was issued after January
1, 1958, and the airplane has either a max-
imum type certificated passenger capacity of
30 or more, or a maximum type certificated
payload capacity of 7,500 pounds or more.
This SFAR also applies to applicants for
type certificates, amendments to a type cer-
tificate, and supplemental type certificates
affecting the fuel tank systems for those air-
planes identified above, if the application
was filed before June 6, 2001, the effective
date of this SFAR, and the certificate was
not issued before June 6, 2001.

Compliance: Each type certificate holder,

and each supplemental type certificate hold-
er of a modification affecting the airplane
fuel tank system, must accomplish the fol-
lowing within the compliance times specified
in paragraph (e) of this section:

(a) Conduct a safety review of the airplane

fuel tank system to determine that the de-
sign meets the requirements of §§ 25.901 and
25.981(a) and (b) of this chapter. If the cur-
rent design does not meet these require-
ments, develop all design changes to the fuel
tank system that are necessary to meet
these requirements. The responsible Aircraft
Certification Service office for the affected
airplane may grant an extension of the 18-
month compliance time for development of
design changes if:

(1) The safety review is completed within

the compliance time;

(2) Necessary design changes are identified

within the compliance time; and

(3) Additional time can be justified, based

on the holder’s demonstrated aggressiveness
in performing the safety review, the com-
plexity of the necessary design changes, the
availability of interim actions to provide an

acceptable level of safety, and the resulting
level of safety.

(b) Develop all maintenance and inspection

instructions necessary to maintain the de-
sign features required to preclude the exist-
ence or development of an ignition source
within the fuel tank system of the airplane.

sponsible Aircraft Certification Service of-
fice for the affected airplane, that:

(1) Provides substantiation that the air-

plane fuel tank system design, including all
necessary design changes, meets the require-
ments of §§ 25.901 and 25.981(a) and (b) of this
chapter; and

(2) Contains all maintenance and inspec-

tion instructions necessary to maintain the
design features required to preclude the ex-
istence or development of an ignition source
within the fuel tank system throughout the
operational life of the airplane.

(d) The responsible Aircraft Certification

Service office for the affected airplane, may
approve a report submitted in accordance
with paragraph 2(c) if it determines that any
provisions of this SFAR not complied with
are compensated for by factors that provide
an equivalent level of safety.

(e) Each type certificate holder must com-

ply no later than December 6, 2002, or within
18 months after the issuance of a type cer-
tificate for which application was filed be-
fore June 6, 2001, whichever is later; and each
supplemental type certificate holder of a
modification affecting the airplane fuel tank
system must comply no later than June 6,
2003, or within 18 months after the issuance
of a supplemental type certificate for which
application was filed before June 6, 2001,
whichever is later.

[Doc. No. 1999–6411, 66 FR 23129, May 7, 2001,
as amended by Amdt. 21–82, 67 FR 57493, Sept.
10, 2002; 67 FR 70809, Nov. 26, 2002; Amdt. 21–
83, 67 FR 72833, Dec. 9, 2002; Doc. No. FAA–
2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 5,
2018]

Subpart A—General

§ 21.1

Applicability and definitions.

(a) This part prescribes—
(1) Procedural requirements for

issuing and changing—

(i) Design approvals;
(ii) Production approvals;
(iii) Airworthiness certificates; and
(iv) Airworthiness approvals;
(2) Rules governing applicants for,

and holders of, any approval or certifi-
cate specified in paragraph (a)(1) of
this section; and

(3) Procedural requirements for the

approval of articles.

(b) For the purposes of this part—

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§ 21.3

(1)

Airworthiness approval means a

document, issued by the FAA for an
aircraft, aircraft engine, propeller, or
article, which certifies that the air-
craft, aircraft engine, propeller, or ar-
ticle conforms to its approved design
and is in a condition for safe operation,
unless otherwise specified;

(2)

Article means a material, part,

component, process, or appliance;

(3)

Commercial part means an article

that is listed on an FAA-approved
Commercial Parts List included in a
design approval holder’s Instructions
for Continued Airworthiness required
by § 21.50;

(4)

Design approval means a type cer-

tificate (including amended and supple-
mental type certificates) or the ap-
proved design under a PMA, TSO au-
thorization, letter of TSO design ap-
proval, or other approved design;

(5)

Interface component means an arti-

cle that serves as a functional interface
between an aircraft and an aircraft en-
gine, an aircraft engine and a propeller,
or an aircraft and a propeller. An inter-
face component is designated by the
holder of the type certificate or the
supplemental type certificate who con-
trols the approved design data for that
article;

(6)

Product means an aircraft, aircraft

engine, or propeller;

(7)

Production approval means a docu-

ment issued by the FAA to a person
that allows the production of a product
or article in accordance with its ap-
proved design and approved quality
system, and can take the form of a pro-
duction certificate, a PMA, or a TSO
authorization;

(8)

State of Design means the country

or jurisdiction having regulatory au-
thority over the organization respon-
sible for the design and continued air-
worthiness of a civil aeronautical prod-
uct or article;

(9)

State of Manufacture means the

country or jurisdiction having regu-
latory authority over the organization
responsible for the production and air-
worthiness of a civil aeronautical prod-
uct or article.

(10)

Supplier means a person at any

tier in the supply chain who provides a
product, article, or service that is used
or consumed in the design or manufac-

ture of, or installed on, a product or ar-
ticle.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53384, Oct. 16, 2009; Doc. No. FAA–2013–0933,
Amdt. 21–98, 80 FR 59031, Oct. 1, 2015; Amdt.
21–98A, 80 FR 59031, Dec. 17, 2015; Docket
FAA–2015–0150, Amdt. 21–99, 81 FR 42207, June
28, 2016; Docket FAA–2018–1087, Amdt. 21–105,
86 FR 4381, Jan. 15, 2021]

§ 21.2

Falsification of applications, re-

ports, or records.

(a) A person may not make or cause

to be made—

(1) Any fraudulent, intentionally

false, or misleading statement on any
application for a certificate or ap-
proval under this part;

(2) Any fraudulent, intentionally

false, or misleading statement in any
record or report that is kept, made, or
used to show compliance with any re-
quirement of this part;

(3) Any reproduction for a fraudulent

purpose of any certificate or approval
issued under this part.

(4) Any alteration of any certificate

or approval issued under this part.

(b) The commission by any person of

an act prohibited under paragraph (a)
of this section is a basis for—

(1) Denying issuance of any certifi-

cate or approval under this part; and

(2) Suspending or revoking any cer-

tificate or approval issued under this
part and held by that person.

[Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as
amended by Amdt. 21–92, 74 FR 53384, Oct. 16,
2009; Amdt. 21–92A, 75 FR 9095, Mar. 1, 2010]

§ 21.3

Reporting of failures, malfunc-

tions, and defects.

(a) The holder of a type certificate

(including amended or supplemental
type certificates), a PMA, or a TSO au-
thorization, or the licensee of a type
certificate must report any failure,
malfunction, or defect in any product
or article manufactured by it that it
determines has resulted in any of the
occurrences listed in paragraph (c) of
this section.

(b) The holder of a type certificate

(including amended or supplemental
type certificates), a PMA, or a TSO au-
thorization, or the licensee of a type
certificate must report any defect in
any product or article manufactured by
it that has left its quality system and

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14 CFR Ch. I (1–1–24 Edition)

§ 21.3

that it determines could result in any
of the occurrences listed in paragraph
(c) of this section.

be reported as provided in paragraphs
(a) and (b) of this section:

(1) Fires caused by a system or equip-

ment failure, malfunction, or defect.

(2) An engine exhaust system failure,

malfunction, or defect which causes
damage to the engine, adjacent aircraft
structure, equipment, or components.

(3) The accumulation or circulation

of toxic or noxious gases in the crew
compartment or passenger cabin.

(4) A malfunction, failure, or defect

of a propeller control system.

(5) A propeller or rotorcraft hub or

blade structural failure.

(6) Flammable fluid leakage in areas

where an ignition source normally ex-
ists.

(7) A brake system failure caused by

structural or material failure during
operation.

(8) A significant aircraft primary

structural defect or failure caused by
any autogenous condition (fatigue, un-
derstrength, corrosion, etc.).

(9) Any abnormal vibration or buf-

feting caused by a structural or system
malfunction, defect, or failure.

(10) An engine failure.
(11) Any structural or flight control

system malfunction, defect, or failure
which causes an interference with nor-
mal control of the aircraft for which
derogates the flying qualities.

(12) A complete loss of more than one

electrical power generating system or
hydraulic power system during a given
operation of the aircraft.

(13) A failure or malfunction of more

than one attitude, airspeed, or altitude
instrument during a given operation of
the aircraft.

(d) The requirements of paragraph (a)

of this section do not apply to—

(1) Failures, malfunctions, or defects

that the holder of a type certificate
(including amended or supplemental
type certificates), PMA, TSO author-
ization, or the licensee of a type cer-
tificate determines—

(i) Were caused by improper mainte-

nance or use;

(ii) Were reported to the FAA by an-

other person under this chapter; or

(iii) Were reported under the accident

reporting provisions of 49 CFR part 830
of the regulations of the National
Transportation Safety Board.

(2) Failures, malfunctions, or defects

in products or articles—

(i) Manufactured by a foreign manu-

facturer under a U.S. type certificate
issued under § 21.29 or under an ap-
proval issued under § 21.621; or

(ii) Exported to the United States

under § 21.502.

(e) Each report required by this sec-

tion—

(1) Must be made to the FAA within

24 hours after it has determined that
the failure, malfunction, or defect re-
quired to be reported has occurred.
However, a report that is due on a Sat-
urday or a Sunday may be delivered on
the following Monday and one that is
due on a holiday may be delivered on
the next workday;

(2) Must be transmitted in a manner

and form acceptable to the FAA and by
the most expeditious method available;
and

(3) Must include as much of the fol-

lowing information as is available and
applicable:

(i) The applicable product and article

identification information required by
part 45 of this chapter;

(ii) Identification of the system in-

volved; and

(iii) Nature of the failure, malfunc-

tion, or defect.

(f) If an accident investigation or

service difficulty report shows that a
product or article manufactured under
this part is unsafe because of a manu-
facturing or design data defect, the
holder of the production approval for
that product or article must, upon re-
quest of the FAA, report to the FAA
the results of its investigation and any
action taken or proposed by the holder
of that production approval to correct
that defect. If action is required to cor-
rect the defect in an existing product

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§ 21.4

or article, the holder of that produc-
tion approval must send the data nec-
essary for issuing an appropriate air-
worthiness directive to the FAA.

[Amdt. 21–36, 35 FR 18187, Nov. 28, 1970, as
amended by Amdt. 21–37, 35 FR 18450, Dec. 4,
1970; Amdt. 21–50, 45 FR 38346, June 9, 1980;
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]

§ 21.4

ETOPS reporting requirements.

(a)

Early ETOPS: reporting, tracking,

and resolving problems. The holder of a
type certificate for an airplane-engine
combination approved using the Early
ETOPS method specified in part 25, Ap-
pendix K, of this chapter must use a
system for reporting, tracking, and re-
solving each problem resulting in one
of the occurrences specified in para-
graph (a)(6) of this section.

(1) The system must identify how the

type certificate holder will promptly
identify problems, report them to the
responsible Aircraft Certification Serv-
ice office, and propose a solution to the
FAA to resolve each problem. A pro-
posed solution must consist of—

(i) A change in the airplane or engine

type design;

(ii) A change in a manufacturing

process;

(iii) A change in an operating or

maintenance procedure; or

(iv) Any other solution acceptable to

the FAA.

(2) For an airplane with more than

two engines, the system must be in
place for the first 250,000 world fleet en-
gine-hours for the approved airplane-
engine combination.

(3) For two-engine airplanes, the sys-

tem must be in place for the first
250,000 world fleet engine-hours for the
approved airplane-engine combination
and after that until—

(i) The world fleet 12-month rolling

average IFSD rate is at or below the
rate required by paragraph (b)(2) of this
section; and

(ii) The FAA determines that the

rate is stable.

(4) For an airplane-engine combina-

tion that is a derivative of an airplane-
engine combination previously ap-
proved for ETOPS, the system need
only address those problems specified
in the following table, provided the
type certificate holder obtains prior
authorization from the FAA:

If the change does not require a new airplane type certificate

and . . .

Then the Problem Tracking and Resolution System must ad-

dress . . .

(i) Requires a new engine type certificate ..................................

All problems applicable to the new engine installation, and for

the remainder of the airplane, problems in changed systems
only.

(ii) Does not require a new engine type certificate .....................

Problems in changed systems only.

(5) The type certificate holder must

identify the sources and content of
data that it will use for its system. The
data must be adequate to evaluate the
specific cause of any in-service problem
reportable under this section or § 21.3(c)
that could affect the safety of ETOPS.

(6) In implementing this system, the

type certificate holder must report the
following occurrences:

(i) IFSDs, except planned IFSDs per-

formed for flight training.

(ii) For two-engine airplanes, IFSD

rates.

(iii) Inability to control an engine or

obtain desired thrust or power.

(iv) Precautionary thrust or power

reductions.

(v) Degraded ability to start an en-

gine in flight.

(vi) Inadvertent fuel loss or unavail-

ability, or uncorrectable fuel imbal-
ance in flight.

(vii) Turn backs or diversions for fail-

ures, malfunctions, or defects associ-
ated with an ETOPS group 1 signifi-
cant system.

(viii) Loss of any power source for an

ETOPS group 1 significant system, in-
cluding any power source designed to
provide backup power for that system.

(ix) Any event that would jeopardize

the safe flight and landing of the air-
plane on an ETOPS flight.

(x) Any unscheduled engine removal

for a condition that could result in one

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14 CFR Ch. I (1–1–24 Edition)

§ 21.5

of the reportable occurrences listed in
this paragraph.

(b)

Reliability of two-engine airplanes—

(1)

Reporting of two-engine airplane in-

service reliability. The holder of a type
certificate for an airplane approved for
ETOPS and the holder of a type certifi-
cate for an engine installed on an air-
plane approved for ETOPS must report
monthly to their respective Aircraft
Certification Service office on the reli-
ability of the world fleet of those air-
planes and engines. The report pro-
vided by both the airplane and engine
type certificate holders must address
each airplane-engine combination ap-
proved for ETOPS. The FAA may ap-
prove quarterly reporting if the air-
plane-engine combination dem-
onstrates an IFSD rate at or below
those specified in paragraph (b)(2) of
this section for a period acceptable to
the FAA. This reporting may be com-
bined with the reporting required by
§ 21.3. The responsible type certificate
holder must investigate any cause of
an IFSD resulting from an occurrence
attributable to the design of its prod-
uct and report the results of that in-
vestigation to its responsible Aircraft
Certification Service office. Reporting
must include:

(i) Engine IFSDs, except planned

IFSDs performed for flight training.

(ii) The world fleet 12-month rolling

average IFSD rates for all causes, ex-
cept planned IFSDs performed for
flight training.

(iii) ETOPS fleet utilization, includ-

ing a list of operators, their ETOPS di-
version time authority, flight hours,
and cycles.

(2)

World fleet IFSD rate for two-engine

airplanes. The holder of a type certifi-
cate for an airplane approved for
ETOPS and the holder of a type certifi-
cate for an engine installed on an air-
plane approved for ETOPS must issue
service information to the operators of
those airplanes and engines, as appro-
priate, to maintain the world fleet 12-
month rolling average IFSD rate at or
below the following levels:

(i) A rate of 0.05 per 1,000 world-fleet

engine-hours for an airplane-engine
combination approved for up to and in-
cluding 120-minute ETOPS. When all
ETOPS operators have complied with
the corrective actions required in the

configuration, maintenance and proce-
dures (CMP) document as a condition
for ETOPS approval, the rate to be
maintained is at or below 0.02 per 1,000
world-fleet engine-hours.

(ii) A rate of 0.02 per 1,000 world-fleet

engine-hours for an airplane-engine
combination approved for up to and in-
cluding 180-minute ETOPS, including
airplane-engine combinations approved
for 207-minute ETOPS in the North Pa-
cific operating area under appendix P,
section I, paragraph (h), of part 121 of
this chapter.

(iii) A rate of 0.01 per 1,000 world-fleet

engine-hours for an airplane-engine
combination approved for ETOPS be-
yond 180 minutes, excluding airplane-
engine combinations approved for 207-
minute ETOPS in the North Pacific op-
erating area under appendix P, section
I, paragraph (h), of part 121 of this
chapter.

[Doc. No. FAA–2002–6717, 72 FR 1872, Jan. 16,
2007, as amended by Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]

§ 21.5

Airplane or Rotorcraft Flight

Manual.

(a) With each airplane or rotorcraft

not type certificated with an Airplane
or Rotorcraft Flight Manual and hav-
ing no flight time before March 1, 1979,
the holder of a type certificate (includ-
ing amended or supplemental type cer-
tificates) or the licensee of a type cer-
tificate must make available to the
owner at the time of delivery of the
aircraft a current approved Airplane or
Rotorcraft Flight Manual.

(b) The Airplane or Rotorcraft Flight

Manual required by paragraph (a) of
this section must contain the following
information:

(1) The operating limitations and in-

formation required to be furnished in
an Airplane or Rotorcraft Flight Man-
ual or in manual material, markings,
and placards, by the applicable regula-
tions under which the airplane or
rotorcraft was type certificated.

(2) The maximum ambient atmos-

pheric temperature for which engine
cooling was demonstrated must be
stated in the performance information
section of the Flight Manual, if the ap-
plicable regulations under which the
aircraft was type certificated do not re-
quire ambient temperature on engine

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§ 21.9

cooling operating limitations in the
Flight Manual.

[Amdt. 21–46, 43 FR 2316, Jan. 16, 1978, as
amended by Amdt. 21–92, 74 FR 53385, Oct. 16,
2009]

§ 21.6

Manufacture of new aircraft, air-

craft engines, and propellers.

(a) Except as specified in paragraphs

(b) and (c) of this section, no person
may manufacture a new aircraft, air-
craft engine, or propeller based on a
type certificate unless the person—

(1) Is the holder of the type certifi-

cate or has a licensing agreement from
the holder of the type certificate to
manufacture the product; and

(2) Meets the requirements of subpart

F or G of this part.

(b) A person may manufacture one

new aircraft based on a type certificate
without meeting the requirements of
paragraph (a) of this section if that
person can provide evidence acceptable
to the FAA that the manufacture of
the aircraft by that person began be-
fore August 5, 2004.

do not apply to—

(1) New aircraft imported under the

provisions of §§ 21.183(c), 21.184(b), or
21.185(c); and

(2) New aircraft engines or propellers

imported under the provisions of
§ 21.500.

[Doc. No. FAA–2003–14825, 71 FR 52258, Sept.
1, 2006]

§ 21.7

Continued airworthiness and

safety improvements for transport
category airplanes.

(a) On or after December 10, 2007, the

holder of a design approval and an ap-
plicant for a design approval must
comply with the applicable continued
airworthiness and safety improvement
requirements of part 26 of this sub-
chapter.

(b) For new transport category air-

planes manufactured under the author-
ity of the FAA, the holder or licensee
of a type certificate must meet the ap-
plicable continued airworthiness and
safety improvement requirements spec-
ified in part 26 of this subchapter for
new production airplanes. Those re-
quirements only apply if the FAA has
jurisdiction over the organization re-

sponsible for final assembly of the air-
plane.

[Doc. No. FAA–2004–18379, Amdt. 21–90, 72 FR
63404, Nov. 8, 2007]

§ 21.8

Approval of articles.

If an article is required to be ap-

proved under this chapter, it may be
approved—

(a) Under a PMA;
(b) Under a TSO;
(c) In conjunction with type certifi-

cation procedures for a product; or

(d) In any other manner approved by

the FAA.

[Doc. No. FAA–2006–5877, Amdt. 21–92, 74 FR
53385, Oct. 16, 2009]

§ 21.9

Replacement and modification

articles.

(a) If a person knows, or should

know, that a replacement or modifica-
tion article is reasonably likely to be
installed on a type-certificated prod-
uct, the person may not produce that
article unless it is—

(1) Produced under a type certificate;
(2) Produced under an FAA produc-

tion approval;

(3) A standard part (such as a nut or

bolt) manufactured in compliance with
a government or established industry
specification;

(4) A commercial part as defined in

§ 21.1 of this part;

(5) Produced by an owner or operator

for maintaining or altering that owner
or operator’s product;

(6) Fabricated by an appropriately

rated certificate holder with a quality
system, and consumed in the repair or
alteration of a product or article in ac-
cordance with part 43 of this chapter;
or

(7) Produced in any other manner ap-

proved by the FAA.

(b) Except as provided in paragraphs

(a)(1) through (a)(2) of this section, a
person who produces a replacement or
modification article for sale may not
represent that part as suitable for in-
stallation on a type-certificated prod-
uct.

(a)(1) through (a)(2) of this section, a
person may not sell or represent an ar-
ticle as suitable for installation on an
aircraft type-certificated under

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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

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14 CFR Ch. I (1–1–24 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

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.

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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§ 21.27

for its intended use, and that the air-
craft—

(1) Meets the airworthiness require-

ments of an aircraft category except
those requirements that the FAA finds
inappropriate for the special purpose
for which the aircraft is to be used; or

(2) Is of a type that has been manu-

factured in accordance with the re-
quirements of and accepted for use by,
an Armed Force of the United States
and has been later modified for a spe-
cial purpose.

(b) For the purposes of this section,

‘‘special purpose operations’’ includes—

(1) Agricultural (spraying, dusting,

and seeding, and livestock and preda-
tory animal control);

(2) Forest and wildlife conservation;
(3) Aerial surveying (photography,

mapping, and oil and mineral explo-
ration);

(4) Patrolling (pipelines, power lines,

and canals);

(5) Weather control (cloud seeding);
(6) Aerial advertising (skywriting,

banner towing, airborne signs and pub-
lic address systems); and

(7) Any other operation specified by

the FAA.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–42, 40 FR 1033, Jan. 6,
1975]

§ 21.27

Issue of type certificate: sur-

plus aircraft of the Armed Forces.

(a) Except as provided in paragraph

(b) of this section an applicant is enti-
tled to a type certificate for an aircraft
in the normal, utility, acrobatic, com-
muter, or transport category that was
designed and constructed in the United
States, accepted for operational use,
and declared surplus by, an Armed
Force of the United States, and that is
shown to comply with the applicable
certification requirements in para-
graph (f) of this section.

(b) An applicant is entitled to a type

certificate for a surplus aircraft of the

Armed Forces of the United States
that is a counterpart of a previously
type certificated civil aircraft, if he
shows compliance with the regulations
governing the original civil aircraft
type certificate.

their related accessories installed in
surplus Armed Forces aircraft, for
which a type certificate is sought
under this section, will be approved for
use on those aircraft if the applicant
shows that on the basis of the previous
military qualifications, acceptance,
and service record, the product pro-
vides substantially the same level of
airworthiness as would be provided if
the engines or propellers were type cer-
tificated under Part 33 or 35 of this sub-
chapter.

(d) The FAA may relieve an applicant

from strict compliance with a specific
provision of the applicable require-
ments in paragraph (f) of this section,
if the FAA finds that the method of
compliance proposed by the applicant
provides substantially the same level
of airworthiness and that strict com-
pliance with those regulations would
impose a severe burden on the appli-
cant. The FAA may use experience
that was satisfactory to an Armed
Force of the United States in making
such a determination.

(e) The FAA may require an appli-

cant to comply with special conditions
and later requirements than those in
paragraphs (c) and (f) of this section, if
the FAA finds that compliance with
the listed regulations would not ensure
an adequate level of airworthiness for
the aircraft.

(f) Except as provided in paragraphs

(b) through (e) of this section, an appli-
cant for a type certificate under this
section must comply with the appro-
priate regulations listed in the fol-
lowing table:

Type of aircraft

Date accepted for operational use

by the Armed Forces

of the United States

Regulations that apply

Small reciprocating-engine powered airplanes

Before May 16, 1956 ......................
After May 15, 1956 .........................

CAR Part 3, as effective May 15, 1956.
CAR Part 3, or 14 CFR Part 23.

Small turbine engine-powered airplanes ..........

Before Oct. 2, 1959 .........................
After Oct. 1, 1959 ............................

CAR Part 3, as effective Oct. 1, 1959.
CAR Part 3 or 14 CFR Part 23.

Commuter category airplanes ..........................

After (Feb. 17, 1987) .......................
FAR Part 23 as of (Feb. 17, 1987)..

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14 CFR Ch. I (1–1–24 Edition)

§ 21.29

Type of aircraft

Date accepted for operational use

by the Armed Forces

of the United States

Regulations that apply

Large reciprocating-engine powered airplanes

Before Aug. 26, 1955 ......................
After Aug. 25, 1955 .........................

CAR Part 4b, as effective Aug. 25, 1955.
CAR Part 4b or 14 CFR Part 25.

Large turbine engine-powered airplanes .........

Before Oct. 2, 1959 .........................
After Oct. 1, 1959 ............................

CAR Part 4b, as effective Oct. 1, 1959.
CAR Part 4b or 14 CFR Part 25.

Rotorcraft with maximum certificated takeoff

weight of:

6,000 pounds or less ................................

Before Oct. 2, 1959 .........................
After Oct. 1, 1959 ............................

CAR Part 6, as effective Oct. 1, 1959.
CAR Part 6, or 14 CFR Part 27.

Over 6,000 pounds ...................................

Before Oct. 2, 1959 .........................
After Oct. 1, 1959 ............................

CAR Part 7, as effective Oct. 1, 1959.
CAR Part 7, or 14 CFR Part 29.

Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular

model was accepted for operational use by the Armed Forces.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–59, 52 FR 1835, Jan. 15, 1987;
52 FR 7262, Mar. 9, 1987; 70 FR 2325, Jan. 13, 2005; Amdt. 21–92, 74 FR 53386, Oct. 16, 2009]

§ 21.29

Issue of type certificate: import

products.

(a) The FAA may issue a type certifi-

cate for a product that is manufactured
in a foreign country or jurisdiction
with which the United States has an
agreement for the acceptance of these
products for export and import and
that is to be imported into the United
States if—

(1) The applicable State of Design

certifies that the product has been ex-
amined, tested, and found to meet—

(i) The applicable aircraft noise, fuel

venting, and exhaust emissions re-
quirements of this subchapter as des-
ignated in § 21.17, or the applicable air-
craft noise, fuel venting, and exhaust
emissions requirements of the State of
Design, and any other requirements
the FAA may prescribe to provide
noise, fuel venting, and exhaust emis-
sion levels no greater than those pro-
vided by the applicable aircraft noise,
fuel venting, and exhaust emission re-
quirements of this subchapter as des-
ignated in § 21.17; and

(ii) The applicable airworthiness re-

quirements of this subchapter as des-
ignated in § 21.17, or the applicable air-
worthiness requirements of the State
of Design and any other requirements
the FAA may prescribe to provide a
level of safety equivalent to that pro-
vided by the applicable airworthiness
requirements of this subchapter as des-
ignated in § 21.17;

(2) The applicant has provided tech-

nical data to show the product meets
the requirements of paragraph (a)(1) of
this section; and

(3) The manuals, placards, listings,

and instrument markings required by
the applicable airworthiness (and
noise, where applicable) requirements
are presented in the English language.

(b) A product type certificated under

this section is considered to be type
certificated under the noise standards
of part 36 of this subchapter and the
fuel venting and exhaust emission
standards of part 34 of this subchapter.
Compliance with parts 36 and 34 of this
subchapter is certified under paragraph
(a)(1)(i) of this section, and the applica-
ble airworthiness standards of this sub-
chapter, or an equivalent level of safe-
ty, with which compliance is certified
under paragraph (a)(1)(ii) of this sec-
tion.

[Amdt. 21–92, 74 FR 53386, Oct. 16, 2009]

§ 21.31

Type design.

The type design consists of—
(a) The drawings and specifications,

and a listing of those drawings and
specifications, necessary to define the
configuration and the design features
of the product shown to comply with
the requirements of that part of this
subchapter applicable to the product;

(b) Information on dimensions, mate-

rials, and processes necessary to define
the structural strength of the product;

section of the Instructions for Contin-
ued Airworthiness as required by parts
23, 25, 26, 27, 29, 31, 33 and 35 of this sub-
chapter, or as otherwise required by
the FAA; and as specified in the appli-
cable airworthiness criteria for special

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§ 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.

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;

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

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14 CFR Ch. I (1–1–24 Edition)

§ 21.51

(3) Any other data necessary for the

FAA to approve the List.

[Amdt. 21–23, 33 FR 14105, Sept. 18, 1968, as
amended by Amdt. 21–51, 45 FR 60170, Sept.
11, 1980; Amdt. 21–60, 52 FR 8042, Mar. 13, 1987;
Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; Amdt.
21–92, 74 FR 53386, Oct. 16, 2009; Doc. No.
FAA–2015–1621, Amdt. 21–100, 81 FR 96689,
Dec. 30, 2016]

§ 21.51

Duration.

A type certificate is effective until

surrendered, suspended, revoked, or a
termination date is otherwise estab-
lished by the FAA.

§ 21.53

Statement of conformity.

(a) Each applicant must provide, in a

form and manner acceptable to the
FAA, a statement that each aircraft
engine or propeller presented for type
certification conforms to its type de-
sign.

(b) Each applicant must submit a

statement of conformity to the FAA
for each aircraft or part thereof pre-
sented to the FAA for tests. This state-
ment of conformity must include a
statement that the applicant has com-
plied with § 21.33(a) (unless otherwise
authorized under that paragraph).

[Amdt. 21–17, 32 FR 14926, Oct. 28, 1967, as
amended by Amdt. 21–92, 74 FR 53386, Oct. 16,
2009]

§ 21.55

Responsibility of type certifi-

cate holders to provide written li-
censing agreements.

A type certificate holder who allows

a person to use the type certificate to
manufacture a new aircraft, aircraft
engine, or propeller must provide that
person with a written licensing agree-
ment acceptable to the FAA.

[Doc. No. FAA–2003–14825, 71 FR 52258, Sept.
1, 2006]

Subpart C—Provisional Type

Certificates

OURCE

: Docket No. 5085, 29 FR 14566, Oct.

24, 1964, unless otherwise noted.

§ 21.71

Applicability.

This subpart prescribes—
(a) Procedural requirements for the

issue of provisional type certificates,
amendments to provisional type cer-

tificates, and provisional amendments
to type certificates; and

(b) Rules governing the holders of

those certificates.

§ 21.73

Eligibility.

(a) Any manufacturer of aircraft

manufactured within the United States
who is a United States citizen may
apply for Class I or Class II provisional
type certificates, for amendments to
provisional type certificates held by
him, and for provisional amendments
to type certificates held by him.

(b) Any manufacturer of aircraft in a

State of Manufacture subject to the
provisions of an agreement with the
United States for the acceptance of
those aircraft for export and import
may apply for a Class II provisional
type certificate, for amendments to
provisional type certificates held by
him, and for provisional amendments
to type certificates held by him.

who is a United States citizen and who
has altered a type certificated aircraft
by installing different type certificated
aircraft engines manufactured by him
within the United States may apply for
a Class I provisional type certificate
for the aircraft, and for amendments to
Class I provisional type certificates
held by him, if the basic aircraft, be-
fore alteration, was type certificated in
the normal, utility, acrobatic, com-
muter, or transport category.

[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as
amended by Amdt. 21–12, 31 FR 13380, Oct. 15,
1966; Amdt. 21–59, 52 FR 1836, Jan. 15, 1987;
Amdt. 21–92, 74 FR 53387, Oct. 16, 2009]

§ 21.75

Application.

Each applicant for a provisional type

certificate, for an amendment thereto,
or for a provisional amendment to a
type certificate must apply to the FAA
and provide the information required
by this subpart.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009; Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]

§ 21.77

Duration.

(a) Unless sooner surrendered, super-

seded, revoked, or otherwise termi-
nated, provisional type certificates and
amendments thereto are effective for
the periods specified in this section.

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§ 21.83

(b) A Class I provisional type certifi-

cate is effective for 24 months after the
date of issue.

cate is effective for twelve months
after the date of issue.

(d) An amendment to a Class I or

Class II provisional type certificate is
effective for the duration of the amend-
ed certificate.

(e) A provisional amendment to a

type certificate is effective for six
months after its approval or until the
amendment of the type certificate is
approved, whichever is first.

[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as
amended by Amdt. 21–7, 30 FR 14311, Nov. 16,
1965]

§ 21.79

Transferability.

Provisional type certificates are not

transferable.

§ 21.81

Requirements for issue and

amendment of Class I provisional
type certificates.

(a) An applicant is entitled to the

issue or amendment of a Class I provi-
sional type certificate if he shows com-
pliance with this section and the FAA
finds that there is no feature, char-
acteristic, or condition that would
make the aircraft unsafe when oper-
ated in accordance with the limitations
established in paragraph (e) of this sec-
tion and in § 91.317 of this chapter.

(b) The applicant must apply for the

issue of a type or supplemental type
certificate for the aircraft.

constructed in accordance with the air-
worthiness requirements applicable to
the issue of the type or supplemental
type certificate applied for;

(2) The aircraft substantially meets

the applicable flight characteristic re-
quirements for the type or supple-
mental type certificate applied for; and

(3) The aircraft can be operated safe-

ly under the appropriate operating lim-
itations specified in paragraph (a) of
this section.

(d) The applicant must submit a re-

port showing that the aircraft had been
flown in all maneuvers necessary to
show compliance with the flight re-
quirements for the issue of the type or
supplemental type certificate applied

for, and to establish that the aircraft
can be operated safely in accordance
with the limitations contained in this
subchapter.

(e) The applicant must establish all

limitations required for the issue of the
type or supplemental type certificate
applied for, including limitations on
weights, speeds, flight maneuvers,
loading, and operation of controls and
equipment unless, for each limitation
not so established, appropriate oper-
ating restrictions are established for
the aircraft.

(f) The applicant must establish an

inspection and maintenance program
for the continued airworthiness of the
aircraft.

(g) The applicant must show that a

prototype aircraft has been flown for at
least 50 hours under an experimental
certificate issued under §§ 21.191
through 21.195, or under the auspices of
an Armed Force of the United States.
However, in the case of an amendment
to a provisional type certificate, the
FAA may reduce the number of re-
quired flight hours.

[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
1989]

§ 21.83

Requirements for issue and

amendment of Class II provisional
type certificates.

(a) An applicant who manufactures

aircraft within the United States is en-
titled to the issue or amendment of a
Class II provisional type certificate if
he shows compliance with this section
and the FAA finds that there is no fea-
ture, characteristic, or condition that
would make the aircraft unsafe when
operated in accordance with the limi-
tations in paragraph (h) of this section,
and §§ 91.317 and 121.207 of this chapter.

(b) An applicant who manufactures

aircraft in a country with which the
United States has an agreement for the
acceptance of those aircraft for export
and import is entitled to the issue or
amendment of a Class II provisional
type certificate if the country in which
the aircraft was manufactured certifies
that the applicant has shown compli-
ance with this section, that the air-
craft meets the requirements of para-
graph (f) of this section and that there

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14 CFR Ch. I (1–1–24 Edition)

§ 21.85

is no feature, characteristic, or condi-
tion that would make the aircraft un-
safe when operated in accordance with
the limitations in paragraph (h) of this
section and §§ 91.317 and 121.207 of this
chapter.

type certificate, in the transport cat-
egory, for the aircraft.

(d) The applicant must hold a U.S.

type certificate for at least one other
aircraft in the same transport category
as the subject aircraft.

(e) The FAA’s official flight test pro-

gram or the flight test program con-
ducted by the authorities of the coun-
try in which the aircraft was manufac-
tured, with respect to the issue of a
type certificate for that aircraft, must
be in progress.

(f) The applicant or, in the case of a

foreign manufactured aircraft, the
country in which the aircraft was man-
ufactured, must certify that—

(1) The aircraft has been designed and

constructed in accordance with the air-
worthiness requirements applicable to
the issue of the type certificate applied
for;

(2) The aircraft substantially com-

plies with the applicable flight char-
acteristic requirements for the type
certificate applied for; and

(3) The aircraft can be operated safe-

ly under the appropriate operating lim-
itations in this subchapter.

(g) The applicant must submit a re-

port showing that the aircraft has been
flown in all maneuvers necessary to
show compliance with the flight re-
quirements for the issue of the type
certificate and to establish that the
aircraft can be operated safely in ac-
cordance with the limitations in this
subchapter.

(h) The applicant must prepare a pro-

visional aircraft flight manual con-
taining all limitations required for the
issue of the type certificate applied for,
including limitations on weights,
speeds, flight maneuvers, loading, and
operation of controls and equipment
unless, for each limitation not so es-
tablished, appropriate operating re-
strictions are established for the air-
craft.

(i) The applicant must establish an

inspection and maintenance program

for the continued airworthiness of the
aircraft.

(j) The applicant must show that a

prototype aircraft has been flown for at
least 100 hours. In the case of an
amendment to a provisional type cer-
tificate, the FAA may reduce the num-
ber of required flight hours.

[Amdt. 21–12, 31 FR 13386, Oct. 15, 1966, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
1989]

§ 21.85

Provisional amendments to

type certificates.

(a) An applicant who manufactures

aircraft within the United States is en-
titled to a provisional amendment to a
type certificate if he shows compliance
with this section and the FAA finds
that there is no feature, characteristic,
or condition that would make the air-
craft unsafe when operated under the
appropriate limitations contained in
this subchapter.

(b) An applicant who manufactures

aircraft in a foreign country with
which the United States has an agree-
ment for the acceptance of those air-
craft for export and import is entitled
to a provisional amendment to a type
certificate if the country in which the
aircraft was manufactured certifies
that the applicant has shown compli-
ance with this section, that the air-
craft meets the requirements of para-
graph (e) of this section and that there
is no feature, characteristic, or condi-
tion that would make the aircraft un-
safe when operated under the appro-
priate limitations contained in this
subchapter.

amendment to the type certificate.

(d) The FAA’s official flight test pro-

gram or the flight test program con-
ducted by the authorities of the coun-
try in which the aircraft was manufac-
tured, with respect to the amendment
of the type certificate, must be in
progress.

(e) The applicant or, in the case of

foreign manufactured aircraft, the
country in which the aircraft was man-
ufactured, must certify that—

(1) The modification involved in the

amendment to the type certificate has

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§ 21.93

been designed and constructed in ac-
cordance with the airworthiness re-
quirements applicable to the issue of
the type certificate for the aircraft;

(2) The aircraft substantially com-

plies with the applicable flight char-
acteristic requirements for the type
certificate; and

(3) The aircraft can be operated safe-

ly under the appropriate operating lim-
itations in this subchapter.

(f) The applicant must submit a re-

port showing that the aircraft incor-
porating the modifications involved
has been flown in all maneuvers nec-
essary to show compliance with the
flight requirements applicable to those
modifications and to establish that the
aircraft can be operated safely in ac-
cordance with the limitations specified
in §§ 91.317 and 121.207 of this chapter.

(g) The applicant must establish and

publish, in a provisional aircraft flight
manual or other document and on ap-
propriate placards, all limitations re-
quired for the issue of the type certifi-
cate applied for, including weight,
speed, flight maneuvers, loading, and
operation of controls and equipment,
unless, for each limitation not so es-
tablished, appropriate operating re-
strictions are established for the air-
craft.

(h) The applicant must establish an

inspection and maintenance program
for the continued airworthiness of the
aircraft.

(i) The applicant must operate a pro-

totype aircraft modified in accordance
with the corresponding amendment to
the type certificate for the number of
hours found necessary by the FAA.

[Amdt. 21–12, 31 FR 13388, Oct. 15, 1966, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
1989]

Subpart D—Changes to Type

Certificates

OURCE

: Docket No. 5085, 29 FR 14567, Oct.

24, 1964, unless otherwise noted.

§ 21.91

Applicability.

This subpart prescribes procedural

requirements for the approval of
changes to type certificates.

§ 21.93

Classification of changes in

type design.

(a) In addition to changes in type de-

sign specified in paragraph (b) of this
section, changes in type design are
classified as minor and major. A
‘‘minor change’’ is one that has no ap-
preciable effect on the weight, balance,
structural strength, reliability, oper-
ational characteristics, or other char-
acteristics affecting the airworthiness
of the product. All other changes are
‘‘major changes’’ (except as provided in
paragraph (b) of this section).

(b) For the purpose of complying

with Part 36 of this chapter, and except
as provided in paragraphs (b)(2), (b)(3),
and (b)(4) of this section, any voluntary
change in the type design of an aircraft
that may increase the noise levels of
that aircraft is an ‘‘acoustical change’’
(in addition to being a minor or major
change as classified in paragraph (a) of
this section) for the following aircraft:

(1) Transport category large air-

planes.

(2) Jet (Turbojet powered) airplanes

(regardless of category). For airplanes
to which this paragraph applies,
‘‘acoustical changes’’ do not include
changes in type design that are limited
to one of the following—

(i) Gear down flight with one or more

retractable landing gear down during
the entire flight, or

(ii) Spare engine and nacelle carriage

external to the skin of the airplane
(and return of the pylon or other exter-
nal mount), or

(iii) Time-limited engine and/or na-

celle changes, where the change in type
design specifies that the airplane may
not be operated for a period of more
than 90 days unless compliance with
the applicable acoustical change provi-
sions of Part 36 of this chapter is shown
for that change in type design.

(3) Propeller driven commuter cat-

egory and small airplanes in the pri-
mary, normal, utility, acrobatic, trans-
port, and restricted categories, except
for airplanes that are:

(i) Designated for ‘‘agricultural air-

craft operations’’ (as defined in § 137.3
of this chapter, effective January 1,
1966) to which § 36.1583 of this chapter
does not apply, or

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14 CFR Ch. I (1–1–24 Edition)

§ 21.95

(ii) Designated for dispensing fire

fighting materials to which § 36.1583 of
this chapter does not apply, or

(iii) U.S. registered, and that had

flight time prior to January 1, 1955 or

(iv) Land configured aircraft recon-

figured with floats or skis. This recon-
figuration does not permit further ex-
ception from the requirements of this
section upon any acoustical change not
enumerated in § 21.93(b).

(4) Helicopters except:
(i) Those helicopters that are des-

ignated exclusively:

(A) For ‘‘agricultural aircraft oper-

ations’’, as defined in § 137.3 of this
chapter, as effective on January 1, 1966;

(B) For dispensing fire fighting mate-

rials; or

defined in § 133.1(b) of this chapter, as
effective on December 20, 1976.

(ii) Those helicopters modified by in-

stallation or removal of external equip-
ment. For purposes of this paragraph,
‘‘external equipment’’ means any in-
strument, mechanism, part, apparatus,
appurtenance, or accessory that is at-
tached to, or extends from, the heli-
copter exterior but is not used nor is
intended to be used in operating or
controlling a helicopter in flight and is
not part of an airframe or engine. An
‘‘acoustical change’’ does not include:

(A) Addition or removal of external

equipment;

(B) Changes in the airframe made to

accommodate the addition or removal
of external equipment, to provide for
an external load attaching means, to
facilitate the use of external equip-
ment or external loads, or to facilitate
the safe operation of the helicopter
with external equipment mounted to,
or external loads carried by, the heli-
copter;

by the addition or removal of floats
and skis;

(D) Flight with one or more doors

and/or windows removed or in an open
position; or

(E) Any changes in the operational

limitations placed on the helicopter as
a consequence of the addition or re-
moval of external equipment, floats,
and skis, or flight operations with
doors and/or windows removed or in an
open position.

(5) Tiltrotors.
(c) For purposes of complying with

part 34 of this chapter, any voluntary
change in the type design of the air-
plane or engine which may increase
fuel venting or exhaust emissions is an
‘‘emissions change.’’

[Amdt. 21–27, 34 FR 18363, Nov. 18, 1969]

DITORIAL

OTE

: For F

EDERAL

EGISTER

ci-

tations affecting § 21.93, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at

www.govinfo.gov.

§ 21.95

Approval of minor changes in

type design.

Minor changes in a type design may

be approved under a method acceptable
to the FAA before submitting to the
FAA any substantiating or descriptive
data.

§ 21.97

Approval of major changes in

type design.

(a) An applicant for approval of a

major change in type design must—

(1) Provide substantiating data and

necessary descriptive data for inclu-
sion in the type design;

(2) Show that the change and areas

affected by the change comply with the
applicable requirements of this sub-
chapter, and provide the FAA the
means by which such compliance has
been shown; and

(3) Provide a statement certifying

that the applicant has complied with
the applicable requirements.

(b) Approval of a major change in the

type design of an aircraft engine is lim-
ited to the specific engine configura-
tion upon which the change is made
unless the applicant identifies in the
necessary descriptive data for inclu-
sion in the type design the other con-
figurations of the same engine type for
which approval is requested and shows
that the change is compatible with the
other configurations.

[Amdt. 21–40, 39 FR 35459, Oct. 1, 1974, as
amended by Amdt. 21–92, 74 FR 53387, Oct. 16,
2009; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012]

§ 21.99

Required design changes.

(a) When an Airworthiness Directive

is issued under Part 39 the holder of
the type certificate for the product
concerned must—

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§ 21.101

(1) If the FAA finds that design

changes are necessary to correct the
unsafe condition of the product, and
upon his request, submit appropriate
design changes for approval; and

(2) Upon approval of the design

changes, make available the descrip-
tive data covering the changes to all
operators of products previously cer-
tificated under the type certificate.

(b) In a case where there are no cur-

rent unsafe conditions, but the FAA or
the holder of the type certificate finds
through service experience that
changes in type design will contribute
to the safety of the product, the holder
of the type certificate may submit ap-
propriate design changes for approval.
Upon approval of the changes, the man-
ufacturer must make information on
the design changes available to all op-
erators of the same type of product.

[Doc. No. 5085, 29 FR 14567, Oct. 24, 1964, as
amended by Amdt. 21–3, 30 FR 8826, July 24,
1965]

§ 21.101

Designation of applicable reg-

ulations.

(a) An applicant for a change to a

type certificate must show that the
change and areas affected by the
change comply with the airworthiness
requirements applicable to the cat-
egory of the product in effect on the
date of the application for the change
and with parts 34 and 36 of this chapter.
Exceptions are detailed in paragraphs
(b) and (c) of this section.

(b) Except as provided in paragraph

(g) of this section, if paragraphs (b)(1),
(2), or (3) of this section apply, an ap-
plicant may show that the change and
areas affected by the change comply
with an earlier amendment of a regula-
tion required by paragraph (a) of this
section, and of any other regulation
the FAA finds is directly related. How-
ever, the earlier amended regulation
may not precede either the cor-
responding regulation included by ref-
erence in the type certificate, or any
regulation in §§ 25.2, 27.2, or 29.2 of this
chapter that is related to the change.
The applicant may show compliance
with an earlier amendment of a regula-
tion for any of the following:

(1) A change that the FAA finds not

to be significant. In determining
whether a specific change is signifi-

cant, the FAA considers the change in
context with all previous relevant de-
sign changes and all related revisions
to the applicable regulations incor-
porated in the type certificate for the
product. Changes that meet one of the
following criteria are automatically
considered significant:

(i) The general configuration or the

principles of construction are not re-
tained.

(ii) The assumptions used for certifi-

cation of the product to be changed do
not remain valid.

(2) Each area, system, component,

equipment, or appliance that the FAA
finds is not affected by the change.

(3) Each area, system, component,

equipment, or appliance that is af-
fected by the change, for which the
FAA finds that compliance with a reg-
ulation described in paragraph (a) of
this section would not contribute ma-
terially to the level of safety of the
product or would be impractical.

aircraft (other than a rotorcraft) of
6,000 pounds or less maximum weight,
to a non-turbine rotorcraft of 3,000
pounds or less maximum weight, to a
level 1 low-speed airplane, or to a level
2 low-speed airplane may show that the
change and areas affected by the
change comply with the regulations in-
cluded in the type certificate. However,
if the FAA finds that the change is sig-
nificant in an area, the FAA may des-
ignate compliance with an amendment
to the regulation incorporated by ref-
erence in the type certificate that ap-
plies to the change and any regulation
that the FAA finds is directly related,
unless the FAA also finds that compli-
ance with that amendment or regula-
tion would not contribute materially
to the level of safety of the product or
would be impractical.

(d) If the FAA finds that the regula-

tions in effect on the date of the appli-
cation for the change do not provide
adequate standards with respect to the
proposed change because of a novel or
unusual design feature, the applicant
must also comply with special condi-
tions, and amendments to those special
conditions, prescribed under the provi-
sions of § 21.16, to provide a level of
safety equal to that established by the

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14 CFR Ch. I (1–1–24 Edition)

§ 21.111

regulations in effect on the date of the
application for the change.

(e) An application for a change to a

type certificate for a transport cat-
egory aircraft is effective for 5 years,
and an application for a change to any
other type certificate is effective for 3
years. If the change has not been ap-
proved, or if it is clear that it will not
be approved under the time limit es-
tablished under this paragraph, the ap-
plicant may do either of the following:

(1) File a new application for a

change to the type certificate and com-
ply with all the provisions of paragraph
(a) of this section applicable to an
original application for a change.

(2) File for an extension of the origi-

nal application and comply with the
provisions of paragraph (a) of this sec-
tion. The applicant must then select a
new application date. The new applica-
tion date may not precede the date the
change is approved by more than the
time period established under this
paragraph (e).

(f) For aircraft certificated under

§§ 21.17(b), 21.24, 21.25, and 21.27 the air-
worthiness requirements applicable to
the category of the product in effect on
the date of the application for the
change include each airworthiness re-
quirement that the FAA finds to be ap-
propriate for the type certification of
the aircraft in accordance with those
sections.

(g) Notwithstanding paragraph (b) of

this section, for transport category air-
planes, the applicant must show com-
pliance with each applicable provision
of part 26 of this chapter, unless the ap-
plicant has elected or was required to
comply with a corresponding amend-
ment to part 25 of this chapter that
was issued on or after the date of the
applicable part 26 provision.

[Doc. No. 28903, 65 FR 36266, June 7, 2000, as
amended by Amdt. 21–90, 72 FR 63404, Nov. 8,
2007; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012;
Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR
96689, Dec. 30, 2016]

Subpart E—Supplemental Type

Certificates

OURCE

: Docket No. 5085, 29 FR 14568, Oct.

24, 1964, unless otherwise noted.

§ 21.111

Applicability.

This subpart prescribes procedural

requirements for the issue of supple-
mental type certificates.

§ 21.113

Requirement for supplemental

type certificate.

(a) If a person holds the TC for a

product and alters that product by in-
troducing a major change in type de-
sign that does not require an applica-
tion for a new TC under § 21.19, that
person must apply to the FAA either
for an STC, or to amend the original
type certificate under subpart D of this
part.

(b) If a person does not hold the TC

for a product and alters that product
by introducing a major change in type
design that does not require an applica-
tion for a new TC under § 21.19, that
person must apply to the FAA for an
STC.

be made in the form and manner pre-
scribed by the FAA.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009; Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]

§ 21.115

Applicable requirements.

(a) Each applicant for a supplemental

type certificate must show that the al-
tered product meets applicable require-
ments specified in § 21.101 and, in the
case of an acoustical change described
in § 21.93(b), show compliance with the
applicable noise requirements of part
36 of this chapter and, in the case of an
emissions change described in § 21.93(c),
show compliance with the applicable
fuel venting and exhaust emissions re-
quirements of part 34 of this chapter.

(b) Each applicant for a supplemental

type certificate must meet §§ 21.33 and
21.53 with respect to each change in the
type design.

[Amdt. 21–17, 32 FR 14927, Oct. 28, 1967, as
amended by Amdt. 21–42, 40 FR 1033, Jan. 6,
1975; Amdt. 21–52A, 45 FR 79009, Nov. 28, 1980;
Amdt. 21–61, 53 FR 3540, Feb. 5, 1988; Amdt.
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–71,
57 FR 42854, Sept. 16, 1992; Amdt. 21–77, 65 FR
36266, June 7, 2000]

§ 21.117

Issue of supplemental type

certificates.

(a) An applicant is entitled to a sup-

plemental type certificate if the FAA

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§ 21.123

finds that the applicant meets the re-
quirements of §§ 21.113 and 21.115.

(b) A supplemental type certificate

consists of—

(1) The approval by the FAA of a

change in the type design of the prod-
uct; and

(2) The type certificate previously

issued for the product.

[Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as
amended by Amdt. 21–92, 74 FR 53387, Oct. 16,
2009]

§ 21.119

Privileges.

The holder of a supplemental type

certificate may—

(a) In the case of aircraft, obtain air-

worthiness certificates;

(b) In the case of other products, ob-

tain approval for installation on cer-
tificated aircraft; and

accordance with the requirements of
subpart G of this part for the change in
the type design approved by the supple-
mental type certificate.

[Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as
amended by Amdt. 21–92, 74 FR 53387, Oct. 16,
2009]

§ 21.120

Responsibility of supple-

mental type certificate holders to
provide written permission for al-
terations.

A supplemental type certificate hold-

er who allows a person to use the sup-
plemental type certificate to alter an
aircraft, aircraft engine, or propeller
must provide that person with written
permission acceptable to the FAA.

[Doc. No. FAA–2003–14825, 71 FR 52258, Sept.
1, 2006]

Subpart F—Production Under Type

Certificate

OURCE

: Docket No. 5085, 29 FR 14568, Oct.

24, 1964, unless otherwise noted.

§ 21.121

Applicability.

This subpart prescribes rules for pro-

duction under a type certificate.

§ 21.122

Location of or change to man-

ufacturing facilities.

(a) A type certificate holder may uti-

lize 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 type certificate holder must

obtain FAA approval before making
any changes to the location of any of
its manufacturing facilities.

immediately notify the FAA, in writ-
ing, of any change to the manufac-
turing facilities that may affect the in-
spection, conformity, or airworthiness
of its product or article.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095,
Mar. 1, 2010]

§ 21.123

Production under type certifi-

cate.

Each manufacturer of a product

being manufactured under a type cer-
tificate must—

(a) Maintain at the place of manufac-

ture all information and data specified
in §§ 21.31 and 21.41;

(b) Make each product and article

thereof available for inspection by the
FAA;

tion of all inspections and tests re-
quired by §§ 21.127, 21.128, and 21.129 for
at least 5 years for the products and ar-
ticles thereof manufactured under the
approval and at least 10 years for crit-
ical components identified under
§ 45.15(c) of this chapter;

(d) Allow the FAA to make any in-

spection or test, including any inspec-
tion or test at a supplier facility, nec-
essary to determine compliance with
this subchapter;

(e) Mark the product in accordance

with part 45 of this chapter, including
any critical parts;

(f) Identify any portion of that prod-

uct (

e.g., sub-assemblies, component

parts, or replacement articles) that
leave the manufacturer’s facility as
FAA approved with the manufacturer’s
part number and name, trademark,
symbol, or other FAA-approved manu-
facturer’s identification; and

(g) Except as otherwise authorized by

the FAA, obtain a production certifi-
cate for that product in accordance
with subpart G of this part within 6

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14 CFR Ch. I (1–1–24 Edition)

§ 21.125

months after the date of issuance of
the type certificate.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009]

§ 21.125

[Reserved]

§ 21.127

Tests: aircraft.

(a) Each person manufacturing air-

craft under a type certificate must es-
tablish an approved production flight
test procedure and flight check-off
form, and in accordance with that
form, flight test each aircraft pro-
duced.

(b) Each production flight test proce-

dure must include the following:

(1) An operational check of the trim,

controllability, or other flight charac-
teristics to establish that the produc-
tion aircraft has the same range and
degree of control as the prototype air-
craft.

(2) An operational check of each part

or system operated by the crew while
in flight to establish that, during
flight, instrument readings are within
normal range.

(3) A determination that all instru-

ments are properly marked, and that
all placards and required flight manu-
als are installed after flight test.

(4) A check of the operational charac-

teristics of the aircraft on the ground.

(5) A check on any other items pecu-

liar to the aircraft being tested that
can best be done during the ground or
flight operation of the aircraft.

§ 21.128

Tests: aircraft engines.

(a) Each person manufacturing air-

craft engines under a type certificate
must subject each engine (except rock-
et engines for which the manufacturer
must establish a sampling technique)
to an acceptable test run that includes
the following:

(1) Break-in runs that include a de-

termination of fuel and oil consump-
tion and a determination of power
characteristics at rated maximum con-
tinuous power or thrust and, if applica-
ble, at rated takeoff power or thrust.

(2) At least five hours of operation at

rated maximum continuous power or
thrust. For engines having a rated
takeoff power or thrust higher than
rated maximum continuous power or
thrust, the five-hour run must include

30 minutes at rated takeoff power or
thrust.

(b) The test runs required by para-

graph (a) of this section may be made
with the engine appropriately mounted
and using current types of power and
thrust measuring equipment.

[Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as
amended by Amdt. 21–5, 32 FR 3735, Mar. 4,
1967]

§ 21.129

Tests: propellers.

Each person manufacturing propel-

lers under a type certificate must give
each variable pitch propeller an accept-
able functional test to determine if it
operates properly throughout the nor-
mal range of operation.

§ 21.130

Statement of conformity.

Each holder or licensee of a type cer-

tificate who manufactures a product
under this subpart must provide, in a
form and manner acceptable to the
FAA, a statement that the product for
which the type certificate has been
issued conforms to its type certificate
and is in a condition for safe operation.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009]

Subpart G—Production

Certificates

OURCE

: Docket No. FAA–2006–25877, Amdt.

21–92, 74 FR 53387, Oct. 16, 2009, unless other-
wise noted.

§ 21.131

Applicability.

This subpart prescribes—
(a) Procedural requirements for

issuing production certificates; and

(b) Rules governing holders of those

certificates.

§ 21.132

Eligibility.

Any person may apply for a produc-

tion certificate if that person holds, for
the product concerned—

(a) A current type certificate,
(b) A supplemental type certificate,

certificate or supplemental type cer-
tificate under a licensing agreement.

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§ 21.137

§ 21.133

Application.

Each applicant must apply for a pro-

duction certificate in a form and man-
ner prescribed by the FAA.

§ 21.135

Organization.

(a) Each applicant for or holder of a

production certificate must provide the
FAA with a document—

(1) Describing how its organization

will ensure compliance with the provi-
sions of this subpart;

(2) Describing assigned responsibil-

ities, delegated authorities, and the
functional relationship of those respon-
sible for quality to management and
other organizational components; and

(3) Identifying an accountable man-

ager.

(b) The accountable manager speci-

fied in paragraph (a) of this section
must be responsible within the appli-
cant’s or production approval holder’s
organization for, and have authority
over, all production operations con-
ducted under this part. The account-
able manager must confirm that the
procedures described in the quality
manual required by § 21.138 are in place
and that the production approval hold-
er satisfies the requirements of the ap-
plicable regulations of subchapter C,
Aircraft. The accountable manager
must serve as the primary contact with
the FAA.

[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
59031, Oct. 1, 2015]

§ 21.137

Quality system.

Each applicant for or holder of a pro-

duction certificate must establish and
describe in writing a quality system
that ensures that each product and ar-
ticle conforms to its approved design
and is in a condition for safe operation.
This quality system must include:

(a)

Design data control. Procedures for

controlling design data and subsequent
changes to ensure that only current,
correct, and approved data is used.

(b)

Document control. Procedures for

controlling quality system documents
and data and subsequent changes to en-
sure that only current, correct, and ap-
proved documents and data are used.

(c)

Supplier control. Procedures that—

(1) Ensure that each supplier-pro-

vided product, article, or service con-

forms to the production approval hold-
er’s requirements; and

(2) Establish a supplier-reporting

process for products, articles, or serv-
ices that have been released from or
provided by the supplier and subse-
quently found not to conform to the
production approval holder’s require-
ments.

(d)

Manufacturing process control. Pro-

cedures for controlling manufacturing
processes to ensure that each product
and article conforms to its approved
design.

(e)

Inspecting and testing. Procedures

for inspections and tests used to ensure
that each product and article conforms
to its approved design. These proce-
dures must include the following, as
applicable:

(1) A flight test of each aircraft pro-

duced unless that aircraft will be ex-
ported as an unassembled aircraft.

(2) A functional test of each aircraft

engine and each propeller produced.

(f)

Inspection, measuring, and test

equipment control. Procedures to ensure
calibration and control of all inspec-
tion, measuring, and test equipment
used in determining conformity of each
product and article to its approved de-
sign. Each calibration standard must
be traceable to a standard acceptable
to the FAA.

(g)

Inspection and test status. Proce-

dures for documenting the inspection
and test status of products and articles
supplied or manufactured to the ap-
proved design.

(h)

Nonconforming product and article

control. (1) Procedures to ensure that
only products or articles that conform
to their approved design are installed
on a type-certificated product. These
procedures must provide for the identi-
fication, documentation, evaluation,
segregation, and disposition of noncon-
forming products and articles. Only au-
thorized individuals may make disposi-
tion determinations.

(2) Procedures to ensure that dis-

carded articles are rendered unusable.

(i)

Corrective and preventive actions.

Procedures for implementing correc-
tive and preventive actions to elimi-
nate the causes of an actual or poten-
tial nonconformity to the approved de-
sign or noncompliance with the ap-
proved quality system.

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14 CFR Ch. I (1–1–24 Edition)

§ 21.138

(j)

Handling and storage. Procedures

to prevent damage and deterioration of
each product and article during han-
dling, storage, preservation, and pack-
aging.

(k)

Control of quality records. Proce-

dures for identifying, storing, pro-
tecting, retrieving, and retaining qual-
ity records. A production approval
holder must retain these records for at
least 5 years for the products and arti-
cles manufactured under the approval
and at least 10 years for critical compo-
nents identified under § 45.15(c) of this
chapter.

(l)

Internal audits. Procedures for

planning, conducting, and documenting
internal audits to ensure compliance
with the approved quality system. The
procedures must include reporting re-
sults of internal audits to the manager
responsible for implementing correc-
tive and preventive actions.

(m)

In-service feedback. Procedures for

receiving and processing feedback on
in-service failures, malfunctions, and
defects. These procedures must include
a process for assisting the design ap-
proval holder to—

(1) Address any in-service problem in-

volving design changes; and

(2) Determine if any changes to the

Instructions for Continued Airworthi-
ness are necessary.

(n)

Quality escapes. Procedures for

identifying, analyzing, and initiating
appropriate corrective action for prod-
ucts or articles that have been released
from the quality system and that do
not conform to the applicable design
data or quality system requirements.

(o)

Issuing authorized release docu-

ments. Procedures for issuing author-
ized release documents for aircraft en-
gines, propellers, and articles if the
production approval holder intends to
issue those documents. These proce-
dures must provide for the selection,
appointment, training, management,
and removal of individuals authorized
by the production approval holder to
issue authorized release documents.
Authorized release documents may be
issued for new aircraft engines, propel-
lers, and articles manufactured by the
production approval holder; and for
used aircraft engines, propellers, and
articles when rebuilt, or altered, in ac-
cordance with § 43.3(j) of this chapter.

When a production approval holder
issues an authorized release document
for the purpose of export, the produc-
tion approval holder must comply with
the procedures applicable to the export
of new and used aircraft engines, pro-
pellers, and articles specified in § 21.331
and the responsibilities of exporters
specified in § 21.335.

[Docket No. FAA–2006–25877, Amdt. 21–92, 74
FR 53387, Oct. 16, 2009, as amended by Doc.
No. FAA–2013–0933, Amdt. 21–98, 80 FR 59031,
Oct. 1, 2015; Amdt. 21–98A, 80 FR 59031, Dec.
17, 2015]

§ 21.138

Quality manual.

Each applicant for or holder of a pro-

duction certificate must provide a
manual describing its quality system
to the FAA for approval. The manual
must be in the English language and
retrievable in a form acceptable to the
FAA.

§ 21.139

Location of or change to man-

ufacturing facilities.

(a) An applicant may obtain a pro-

duction certificate for manufacturing
facilities located outside of the United
States if the FAA finds no undue bur-
den in administering the applicable re-
quirements of Title 49 U.S.C. and this
subchapter.

(b) The production certificate holder

must obtain FAA approval before mak-
ing any changes to the location of any
of its manufacturing facilities.

must immediately notify the FAA, in
writing, of any change to the manufac-
turing facilities that may affect the in-
spection, conformity, or airworthiness
of its product or article.

§ 21.140

Inspections and tests.

Each applicant for or holder of a pro-

duction certificate must allow the FAA
to inspect its quality system, facilities,
technical data, and any manufactured
products or articles and witness any
tests, including any inspections or
tests at a supplier facility, necessary
to determine compliance with this sub-
chapter.

§ 21.141

Issuance.

The FAA issues a production certifi-

cate after finding that the applicant

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§ 21.147

complies with the requirements of this
subpart.

§ 21.142

Production limitation record.

The FAA issues a production limita-

tion record as part of a production cer-
tificate. The record lists the type cer-
tificate number and model of every
product that the production certificate
holder is authorized to manufacture,
and identifies every interface compo-
nent that the production certificate
holder is authorized to manufacture
and install under this part.

[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
59031, Oct. 1, 2015, as amended by Amdt. 21–
98A, 80 FR 59031, Dec. 17, 2015]

§ 21.143

Duration.

A production certificate is effective

until surrendered, suspended, revoked,
or the FAA otherwise establishes a ter-
mination date.

§ 21.144

Transferability.

The holder of a production certificate

may not transfer the production cer-
tificate.

§ 21.145

Privileges.

(a) The holder of a production certifi-

cate may—

(1) Obtain an aircraft airworthiness

certificate without further showing,
except that the FAA may inspect the
aircraft for conformity with the type
design; or

(2) In the case of other products, ob-

tain approval from the FAA for instal-
lation on type-certificated aircraft.

(b) Notwithstanding the provisions of

§ 147.3 of this chapter, the holder of a
production certificate for a primary
category aircraft, or for a normal, util-
ity, or acrobatic category aircraft of a
type design that is eligible for a special
airworthiness certificate in the pri-
mary category under § 21.184(c), may—

(1) Conduct training for persons in

the performance of a special inspection
and preventive maintenance program
approved as a part of the aircraft’s
type design under § 21.24(b), provided a
person holding a mechanic certificate
with appropriate airframe and power-
plant ratings issued under part 65 of
this chapter gives the training; and

(2) Issue a certificate of competency

to persons successfully completing the

approved training program, provided
the certificate specifies the aircraft
make and model to which the certifi-
cate applies.

§ 21.146

Responsibility of holder.

The holder of a production certificate

must—

(a) Amend the document required by

§ 21.135 as necessary to reflect changes
in the organization and provide these
amendments to the FAA.

(b) Maintain the quality system in

compliance with the data and proce-
dures approved for the production cer-
tificate;

uct or article for which a production
certificate has been issued, including
primary category aircraft assembled
under a production certificate by an-
other person from a kit provided by the
holder of the production certificate,
presented for airworthiness certifi-
cation or approval conforms to its ap-
proved design and is in a condition for
safe operation;

(d) Mark the product or article for

which a certificate or approval has
been issued. Marking must be in ac-
cordance with part 45 of this chapter,
including any critical parts;

(e) Identify any portion of the prod-

uct or article (e.g., sub-assemblies,
component parts, or replacement arti-
cles) that leave the manufacturer’s fa-
cility as FAA approved with the manu-
facturer’s part number and name,
trademark, symbol, or other FAA ap-
proved manufacturer’s identification;

(f) Have access to type design data

necessary to determine conformity and
airworthiness for each product and ar-
ticle produced under the production
certificate;

(g) Retain its production certificate

and make it available to the FAA upon
request; and

(h) Make available to the FAA infor-

mation regarding all delegation of au-
thority to suppliers.

§ 21.147

Amendment of production cer-

tificates.

(a) A holder of a production certifi-

cate must apply for an amendment to a
production certificate in a form and
manner prescribed by the FAA.

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14 CFR Ch. I (1–1–24 Edition)

§ 21.150

(b) An applicant for an amendment to

a production certificate to add a type
certificate or model, or both, must
comply with §§ 21.137, 21.138, and 21.150.

its production limitation record to
allow the manufacture and installation
of an interface component, provided—

(1) The applicant owns or has a li-

cense to use the design and installation
data for the interface component and
makes that data available to the FAA
upon request;

(2) The applicant manufactures the

interface component;

(3) The applicant’s product conforms

to its approved type design and the
interface component conforms to its
approved type design;

(4) The assembled product with the

installed interface component is in a
condition for safe operation; and

(5) The applicant complies with any

other conditions and limitations the
FAA considers necessary.

[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
59031, Oct. 1, 2015, as amended by Amdt. 21–
98A, 80 FR 59031, Dec. 17, 2015]

§ 21.150

Changes in quality system.

After the issuance of a production

certificate—

(a) Each change to the quality sys-

tem is subject to review by the FAA;
and

(b) The holder of a production certifi-

cate must immediately notify the
FAA, in writing, of any change that
may affect the inspection, conformity,
or airworthiness of its product or arti-
cle.

Subpart H—Airworthiness

Certificates

OURCE

: Docket No. 5085, 29 FR 14569, Oct.

24, 1964, unless otherwise noted.

§ 21.171

Applicability.

This subpart prescribes procedural

requirements for the issue of airworthi-
ness certificates.

§ 21.173

Eligibility.

Any registered owner of a U.S.-reg-

istered aircraft (or the agent of the
owner) may apply for an airworthiness
certificate for that aircraft. An appli-

cation for an airworthiness certificate
must be made in a form and manner ac-
ceptable to the FAA, and may be sub-
mitted to any FAA office.

[Amdt. 21–26, 34 FR 15244, Sept. 30, 1969]

§ 21.175

Airworthiness certificates:

classification.

(a) Standard airworthiness certifi-

cates are airworthiness certificates
issued for aircraft type certificated in
the normal, utility, acrobatic, com-
muter, or transport category, and for
manned free balloons, and for aircraft
designated by the FAA as special class-
es of aircraft.

(b) Special airworthiness certificates

are primary, restricted, limited, light-
sport, and provisional airworthiness
certificates, special flight permits, and
experimental certificates.

[Amdt. 21–21, 33 FR 6858, May 7, 1968, as
amended by Amdt. 21–60, 52 FR 8043, Mar. 13,
1987; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992;
Amdt. 21–85, 69 FR 44861, July 27, 2004]

§ 21.177

Amendment or modification.

An airworthiness certificate may be

amended or modified only upon appli-
cation to the FAA.

§ 21.179

Transferability.

An airworthiness certificate is trans-

ferred with the aircraft.

§ 21.181

Duration.

(a) Unless sooner surrendered, sus-

pended, revoked, or a termination date
is otherwise established by the FAA,
airworthiness certificates are effective
as follows:

(1) Standard airworthiness certifi-

cates, special airworthiness certifi-
cates—primary category, and air-
worthiness certificates issued for re-
stricted or limited category aircraft
are effective as long as the mainte-
nance, preventive maintenance, and al-
terations are performed in accordance
with Parts 43 and 91 of this chapter and
the aircraft are registered in the
United States.

(2) A special flight permit is effective

for the period of time specified in the
permit.

(3) A special airworthiness certificate

in the light-sport category is effective
as long as—

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§ 21.183

(i) The aircraft meets the definition

of a light-sport aircraft;

(ii) The aircraft conforms to its origi-

nal configuration, except for those al-
terations performed in accordance with
an applicable consensus standard and
authorized by the aircraft’s manufac-
turer or a person acceptable to the
FAA;

(iii) The aircraft has no unsafe condi-

tion and is not likely to develop an un-
safe condition; and

(iv) The aircraft is registered in the

United States.

(4) An experimental certificate for re-

search and development, showing com-
pliance with regulations, crew train-
ing, or market surveys is effective for 1
year after the date of issue or renewal
unless the FAA prescribes a shorter pe-
riod. The duration of an experimental
certificate issued for operating ama-
teur-built aircraft, exhibition, air-rac-
ing, operating primary kit-built air-
craft, or operating light-sport aircraft
is unlimited, unless the FAA estab-
lishes a specific period for good cause.

(b) The owner, operator, or bailee of

the aircraft must, upon request, make
it available for inspection by the FAA.

termination by order of the FAA of an
airworthiness certificate, the owner,
operator, or bailee of an aircraft must,
upon request, surrender the certificate
to the FAA.

[Amdt. 21–21, 33 FR 6858, May 7, 1968, as
amended by Amdt. 21–49, 44 FR 46781, Aug. 9,
1979; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992;
Amdt. 21–85, 69 FR 44861, July 27, 2004]

§ 21.182

Aircraft identification.

(a) Except as provided in paragraph

(b) of this section, each applicant for
an airworthiness certificate under this
subpart must show that his aircraft is
identified as prescribed in § 45.11.

(b) Paragraph (a) of this section does

not apply to applicants for the fol-
lowing:

(1) A special flight permit.
(2) An experimental certificate for an

aircraft not issued for the purpose of
operating amateur-built aircraft, oper-
ating primary kit-built aircraft, or op-
erating light-sport aircraft.

(3) A change from one airworthiness

classification to another, for an air-

craft already identified as prescribed in
§ 45.11.

[Amdt. 21–13, 32 FR 188, Jan. 10, 1967, as
amended by Amdt. 21–51, 45 FR 60170, Sept.
11, 1980; Amdt. 21–70, 57 FR 41368, Sept. 9,
1992; Amdt. 21–85, 69 FR 44862, July 27, 2004]

§ 21.183

Issue of standard airworthi-

ness certificates for normal, utility,
acrobatic, commuter, and transport
category aircraft; manned free bal-
loons; and special classes of air-
craft.

(a)

New aircraft manufactured under a

production certificate. An applicant for a
standard airworthiness certificate for a
new aircraft manufactured under a pro-
duction certificate is entitled to a
standard airworthiness certificate
without further showing, except that
the FAA may inspect the aircraft to
determine conformity to the type de-
sign and condition for safe operation.

(b)

New aircraft manufactured under

type certificate. An applicant for a
standard airworthiness certificate for a
new aircraft manufactured under a
type certificate is entitled to a stand-
ard airworthiness certificate upon pres-
entation, by the holder or licensee of
the type certificate, of the statement
of conformity prescribed in § 21.130 if
the FAA finds after inspection that the
aircraft conforms to the type design
and is in condition for safe operation.

(c)

Import aircraft. An applicant for a

standard airworthiness certificate for
an import aircraft is entitled to that
certificate if—

(1) The aircraft is type certificated in

accordance with § 21.21 or § 21.29 and
produced under the authority of an-
other State of Manufacture;

(2) The State of Manufacture cer-

tifies, in accordance with the export
provisions of an agreement with the
United States for import of that air-
craft, that the aircraft conforms to the
type design and is in condition for safe
operation; and

(3) The FAA finds that the aircraft

conforms to the type design and is in
condition for safe operation.

(d)

Used aircraft and surplus aircraft of

the U.S. Armed Forces. An applicant for
a standard airworthiness certificate for
a used aircraft or surplus aircraft of
the U.S. Armed Forces is entitled to a
standard airworthiness certificate if—

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14 CFR Ch. I (1–1–24 Edition)

§ 21.183

(1) The applicant presents evidence to

the FAA that the aircraft conforms to
a type design approved under a type
certificate or a supplemental type cer-
tificate and to applicable Airworthi-
ness Directives;

(2) The aircraft (except an experi-

mentally certificated aircraft that pre-
viously had been issued a different air-
worthiness certificate under this sec-
tion) has been inspected in accordance
with the performance rules for 100-hour
inspections set forth in § 43.15 of this
chapter, or an equivalent performance
standard acceptable to the FAA, and
found airworthy by—

(i) The manufacturer;
(ii) The holder of a repair station cer-

tificate as provided in Part 145 of this
chapter;

(iii) The holder of a mechanic certifi-

cate as authorized in Part 65 of this
chapter; or

(iv) The holder of a certificate issued

under part 121 of this chapter, and hav-
ing a maintenance and inspection orga-
nization appropriate to the aircraft
type; and

(3) The FAA finds after inspection,

that the aircraft conforms to the type
design, and is in condition for safe op-
eration.

(e)

Noise requirements. Notwith-

standing all other provisions of this
section, the following must be com-
plied with for the original issuance of a
standard airworthiness certificate:

(1) For transport category large air-

planes and jet (turbojet powered) air-
planes that have not had any flight
time before the dates specified in
§ 36.1(d), no standard airworthiness cer-
tificate is originally issued under this
section unless the FAA finds that the
type design complies with the noise re-
quirements in § 36.1(d) in addition to
the applicable airworthiness require-
ments in this section. For import air-
planes, compliance with this paragraph
is shown if the country in which the
airplane was manufactured certifies,
and the FAA finds, that § 36.1(d) (or the
applicable airplane noise requirements
of the country in which the airplane
was manufactured and any other re-
quirements the FAA may prescribe to
provide noise levels no greater than
those provided by compliance with

§ 36.1(d)) and paragraph (c) of this sec-
tion are complied with.

(2) For normal, utility, acrobatic,

commuter, or transport category pro-
peller driven small airplanes (except
for those airplanes that are designed
for ‘‘agricultural aircraft operations’’
(as defined in § 137.3 of this chapter, as
effective on January 1, 1966) or for dis-
pensing fire fighting materials to
which § 36.1583 of this chapter does not
apply) that have not had any flight
time before the applicable date speci-
fied in part 36 of this chapter, no stand-
ard airworthiness certificate is origi-
nally issued under this section unless
the applicant shows that the type de-
sign complies with the applicable noise
requirements of part 36 of this chapter
in addition to the applicable airworthi-
ness requirements in this section. For
import airplanes, compliance with this
paragraph is shown if the country in
which the airplane was manufactured
certifies, and the FAA finds, that the
applicable requirements of part of this
chapter (or the applicable airplane
noise requirements of the country in
which the airplane was manufactured
and any other requirements the FAA
may prescribe to provide noise levels
no greater than those provided by com-
pliance with the applicable require-
ments of part 36 of this chapter) and
paragraph (c) of this section are com-
plied with.

(f)

Passenger emergency exit require-

ments. Notwithstanding all other provi-
sions of this section, each applicant for
issuance of a standard airworthiness
certificate for a transport category air-
plane manufactured after October 16,
1987, must show that the airplane
meets the requirements of § 25.807(c)(7)
in effect on July 24, 1989. For the pur-
poses of this paragraph, the date of
manufacture of an airplane is the date
the inspection acceptance records re-
flect that the airplane is complete and
meets the FAA-approved type design
data.

(g)

Fuel venting and exhaust emission

requirements. Notwithstanding all other
provisions of this section, and irrespec-
tive of the date of application, no air-
worthiness certificate is issued, on and
after the dates specified in part 34 for
the airplanes specified therein, unless

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§ 21.184

the airplane complies with the applica-
ble requirements of that part.

(h)

New aircraft manufactured under

the provisions of § 21.6(b). An applicant
for a standard airworthiness certificate
for a new aircraft manufactured under
the provisions of § 21.6(b) is entitled to
a standard airworthiness certificate
if—

(1) The applicant presents evidence to

the FAA that the aircraft conforms to
a type design approved under a type
certificate or supplemental type cer-
tificate and to applicable Airworthi-
ness Directives;

(2) The aircraft has been inspected in

accordance with the performance rules
for a 100-hour inspections set forth in
§ 43.15 of this chapter and found air-
worthy by a person specified in para-
graph (d)(2) of this section; and

(3) The FAA finds after inspection,

that the aircraft conforms to the type
design, and is in condition for safe op-
eration.

[Amdt. 21–17, 32 FR 14927, Oct. 28, 1967]

DITORIAL

OTE

: For F

EDERAL

EGISTER

ci-

tations affecting § 21.183, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at

www.govinfo.gov.

§ 21.184

Issue of special airworthiness

certificates for primary category
aircraft.

(a)

New primary category aircraft man-

ufactured under a production certificate.
An applicant for an original, special
airworthiness certificate-primary cat-
egory for a new aircraft that meets the
criteria of § 21.24(a)(1), manufactured
under a production certificate, includ-
ing aircraft assembled by another per-
son from a kit provided by the holder
of the production certificate and under
the supervision and quality control of
that holder, is entitled to a special air-
worthiness certificate without further
showing, except that the FAA may in-
spect the aircraft to determine con-
formity to the type design and condi-
tion for safe operation.

(b)

Imported aircraft. An applicant for

a special airworthiness certificate-pri-
mary category for an imported aircraft
type certificated under § 21.29 is enti-
tled to a special airworthiness certifi-
cate if the civil airworthiness author-
ity of the country in which the aircraft

was manufactured certifies, and the
FAA finds after inspection, that the
aircraft conforms to an approved type
design that meets the criteria of
§ 21.24(a)(1) and is in a condition for
safe operation.

(c)

Aircraft having a current standard

airworthiness certificate. An applicant
for a special airworthiness certificate-
primary category, for an aircraft hav-
ing a current standard airworthiness
certificate that meets the criteria of
§ 21.24(a)(1), may obtain the primary
category certificate in exchange for its
standard airworthiness certificate
through the supplemental type certifi-
cation process. For the purposes of this
paragraph, a current standard air-
worthiness certificate means that the
aircraft conforms to its approved nor-
mal, utility, or acrobatic type design,
complies with all applicable airworthi-
ness directives, has been inspected and
found airworthy within the last 12 cal-
endar months in accordance with
§ 91.409(a)(1) of this chapter, and is
found to be in a condition for safe oper-
ation by the FAA.

(d)

Other aircraft. An applicant for a

special airworthiness certificate-pri-
mary category for an aircraft that
meets the criteria of § 21.24(a)(1), and is
not covered by paragraph (a), (b), or (c)
of this section, is entitled to a special
airworthiness certificate if—

(1) The applicant presents evidence to

the FAA that the aircraft conforms to
an approved primary, normal, utility,
or acrobatic type design, including
compliance with all applicable air-
worthiness directives;

(2) The aircraft has been inspected

and found airworthy within the past 12
calendar months in accordance with
§ 91.409(a)(1) of this chapter and;

(3) The aircraft is found by the FAA

to conform to an approved type design
and to be in a condition for safe oper-
ation.

(e)

Multiple-category airworthiness cer-

tificates in the primary category and
any other category will not be issued; a
primary category aircraft may hold
only one airworthiness certificate.

[Doc. No. 23345, 57 FR 41368, Sept. 9, 1992, as
amended by Amdt. 21–70, 57 FR 43776, Sept.
22, 1992]

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14 CFR Ch. I (1–1–24 Edition)

§ 21.185

Issue of airworthiness certifi-

cates for restricted category air-
craft.

(a)

Aircraft manufactured under a pro-

duction certificate or type certificate. An
applicant for the original issue of a re-
stricted category airworthiness certifi-
cate for an aircraft type certificated in
the restricted category, that was not
previously type certificated in any
other category, must comply with the
appropriate provisions of § 21.183.

(b)

Other aircraft. An applicant for a

restricted category airworthiness cer-
tificate for an aircraft type certificated
in the restricted category, that was ei-
ther a surplus aircraft of the Armed
Forces or previously type certificated
in another category, is entitled to an
airworthiness certificate if the aircraft
has been inspected by the FAA and
found by him to be in a good state of
preservation and repair and in a condi-
tion for safe operation.

(c)

Import aircraft. An applicant for

the original issue of a special air-
worthiness certificate for a restricted
category import aircraft is entitled to
that certificate if—

(1) The aircraft is type-certificated in

accordance with § 21.25 or § 21.29 and
produced under the authority of an-
other State of Manufacture;

(2) The State of Manufacture cer-

tifies, in accordance with the export
provisions of an agreement with the
United States for import of that air-
craft that the aircraft conforms to the
type design and is in condition for safe
operation; and

(3) The FAA finds that the aircraft

conforms to the type design and is in
condition for safe operation.

(d)

Noise requirements. For propeller-

driven small airplanes (except air-
planes designed for ‘‘agricultural air-
craft operations,’’ as defined in § 137.3
of this chapter, as effective on January
1, 1966, or for dispensing fire fighting
materials) that have not had any flight
time before the applicable date speci-
fied in Part 36 of this chapter, and not-
withstanding the other provisions of
this section, no original restricted cat-
egory airworthiness certificate is
issued under this section unless the
FAA finds that the type design com-
plies with the applicable noise require-
ments of Part 36 of this chapter in ad-

dition to the applicable airworthiness
requirements of this section. For im-
port airplanes, compliance with this
paragraph is shown if the country in
which the airplane was manufactured
certifies, and the FAA finds, that the
applicable requirements of Part 36 of
this chapter (or the applicable airplane
noise requirements of the country in
which the airplane was manufactured
and any other requirements the FAA
may prescribe to provide noise levels
no greater than those provided by com-
pliance with the applicable require-
ments of Part 36 of this chapter) and
paragraph (c) of this section are com-
plied with.

[Amdt. 21–10, 31 FR 9211, July 6, 1966, as
amended by Amdt. 21–32, 35 FR 10202, June
23, 1970; Amdt. 21–42, 40 FR 1034, Jan. 6, 1975;
Amdt. 21–92, 74 FR 53389, Oct. 16, 2009; Amdt.
21–92, 74 FR 53389, Oct. 16, 2009; Amdt. 21–92A,
75 FR 9095, Mar. 1, 2010]

§ 21.187

Issue of multiple airworthi-

ness certification.

(a) An applicant for an airworthiness

certificate in the restricted category,
and in one or more other categories ex-
cept primary category, is entitled to
the certificate, if—

(1) He shows compliance with the re-

quirements for each category, when the
aircraft is in the configuration for that
category; and

(2) He shows that the aircraft can be

converted from one category to an-
other by removing or adding equipment
by simple mechanical means.

(b) The operator of an aircraft cer-

tificated under this section must have
the aircraft inspected by the FAA, or
by a certificated mechanic with an ap-
propriate airframe rating, to determine
airworthiness each time the aircraft is
converted from the restricted category
to another category for the carriage of
passengers for compensation or hire,
unless the FAA finds this unnecessary
for safety in a particular case.

plicable requirements of part 34.

[Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as
amended by Amdt. 21–68, 55 FR 32860, Aug. 10,
1990; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992]

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§ 21.190

§ 21.189

Issue of airworthiness certifi-

cate for limited category aircraft.

(a) An applicant for an airworthiness

certificate for an aircraft in the lim-
ited category is entitled to the certifi-
cate when—

(1) He shows that the aircraft has

been previously issued a limited cat-
egory type certificate and that the air-
craft conforms to that type certificate;
and

(2) The FAA finds, after inspection

(including a flight check by the appli-
cant), that the aircraft is in a good
state of preservation and repair and is
in a condition for safe operation.

(b) The FAA prescribes limitations

and conditions necessary for safe oper-
ation.

[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
amended by Amdt. 21–4, 30 FR 9437, July 29,
1965]

§ 21.190

Issue of a special airworthi-

ness certificate for a light-sport cat-
egory aircraft.

(a)

Purpose. The FAA issues a special

airworthiness certificate in the light-
sport category to operate a light-sport
aircraft, other than a gyroplane.

(b)

Eligibility. To be eligible for a spe-

cial airworthiness certificate in the
light-sport category:

(1) An applicant must provide the

FAA with—

(i) The aircraft’s operating instruc-

tions;

(ii) The aircraft’s maintenance and

inspection procedures;

(iii) The manufacturer’s statement of

compliance as described in paragraph
(c) of this section; and

(iv) The aircraft’s flight training sup-

plement.

(2) The aircraft must not have been

previously issued a standard, primary,
restricted, limited, or provisional air-
worthiness certificate, or an equivalent
airworthiness certificate issued by a
foreign civil aviation authority.

(3) The aircraft must be inspected by

the FAA and found to be in a condition
for safe operation.

(c)

Manufacturer’s statement of compli-

ance for light-sport category aircraft. The
manufacturer’s statement of compli-
ance required in paragraph (b)(1)(iii) of
this section must—

(1) Identify the aircraft by make and

model, serial number, class, date of
manufacture, and consensus standard
used;

(2) State that the aircraft meets the

provisions of the identified consensus
standard;

(3) State that the aircraft conforms

to the manufacturer’s design data,
using the manufacturer’s quality as-
surance system that meets the identi-
fied consensus standard;

(4) State that the manufacturer will

make available to any interested per-
son the following documents that meet
the identified consensus standard:

(i) The aircraft’s operating instruc-

tions.

(ii) The aircraft’s maintenance and

inspection procedures.

(iii) The aircraft’s flight training

supplement.

(5) State that the manufacturer will

monitor and correct safety-of-flight
issues through the issuance of safety
directives and a continued airworthi-
ness system that meets the identified
consensus standard;

(6) State that at the request of the

FAA, the manufacturer will provide
unrestricted access to its facilities; and

(7) State that the manufacturer, in

accordance with a production accept-
ance test procedure that meets an ap-
plicable consensus standard has—

(i) Ground and flight tested the air-

craft;

(ii) Found the aircraft performance

acceptable; and

(iii) Determined that the aircraft is

in a condition for safe operation.

(d)

Light-sport aircraft manufactured

outside the United States. For aircraft
manufactured outside of the United
States to be eligible for a special air-
worthiness certificate in the light-
sport category, an applicant must meet
the requirements of paragraph (b) of
this section and provide to the FAA
evidence that—

(1) The aircraft was manufactured in

a country with which the United States
has a Bilateral Airworthiness Agree-
ment concerning airplanes or Bilateral
Aviation Safety Agreement with asso-
ciated Implementation Procedures for
Airworthiness concerning airplanes, or
an equivalent airworthiness agree-
ment; and

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14 CFR Ch. I (1–1–24 Edition)

§ 21.191

(2) The aircraft is eligible for an air-

worthiness certificate, flight author-
ization, or other similar certification
in its country of manufacture.

[Amdt. 21–85, 69 FR 44862, July 27, 2004]

§ 21.191

Experimental certificates.

Experimental certificates are issued

for the following purposes:

(a)

Research and development. Testing

new aircraft design concepts, new air-
craft equipment, new aircraft installa-
tions, new aircraft operating tech-
niques, or new uses for aircraft.

(b)

Showing compliance with regula-

tions. Conducting flight tests and other
operations to show compliance with
the airworthiness regulations including
flights to show compliance for issuance
of type and supplemental type certifi-
cates, flights to substantiate major de-
sign changes, and flights to show com-
pliance with the function and reli-
ability requirements of the regula-
tions.

(c)

Crew training. Training of the ap-

plicant’s flight crews.

(d)

Exhibition. Exhibiting the air-

craft’s flight capabilities, performance,
or unusual characteristics at air shows,
motion picture, television, and similar
productions, and the maintenance of
exhibition flight proficiency, including
(for persons exhibiting aircraft) flying
to and from such air shows and produc-
tions.

(e)

Air racing. Participating in air

races, including (for such participants)
practicing for such air races and flying
to and from racing events.

(f)

Market surveys. Use of aircraft for

purposes of conducting market sur-
veys, sales demonstrations, and cus-
tomer crew training only as provided
in § 21.195.

(g)

Operating amateur-built aircraft.

Operating an aircraft the major por-
tion of which has been fabricated and
assembled by persons who undertook
the construction project solely for
their own education or recreation.

(h)

Operating primary kit-built aircraft.

Operating a primary category aircraft
that meets the criteria of § 21.24(a)(1)
that was assembled by a person from a
kit manufactured by the holder of a
production certificate for that kit,
without the supervision and quality

control of the production certificate
holder under § 21.184(a).

(i)

Operating light-sport aircraft. Oper-

ating a light-sport aircraft that—

(1) Has not been issued a U.S. or for-

eign airworthiness certificate and does
not meet the provisions of § 103.1 of this
chapter. An experimental certificate
will not be issued under this paragraph
for these aircraft after January 31,
2008;

(2) Has been assembled—
(i) From an aircraft kit for which the

applicant can provide the information
required by § 21.193(e); and

(ii) In accordance with manufactur-

er’s assembly instructions that meet
an applicable consensus standard; or

(3) Has been previously issued a spe-

cial airworthiness certificate in the
light-sport category under § 21.190.

[Amdt. 21–21, 38 FR 6858, May 7, 1968, as
amended by Amdt. 21–57, 49 FR 39651, Oct. 9,
1984; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992;
Amdt. 21–85, 69 FR 44862, July 27, 2004; Amdt.
21–85, 69 FR 53336, Sept. 1, 2004]

§ 21.193

Experimental certificates: gen-

eral.

An applicant for an experimental cer-

tificate must submit the following in-
formation:

(a) A statement, in a form and man-

ner prescribed by the FAA setting
forth the purpose for which the aircraft
is to be used.

(b) Enough data (such as photo-

graphs) to identify the aircraft.

any pertinent information found nec-
essary by the FAA to safeguard the
general public.

(d) In the case of an aircraft to be

used for experimental purposes—

(1) The purpose of the experiment;
(2) The estimated time or number of

flights required for the experiment;

(3) The areas over which the experi-

ment will be conducted; and

(4) Except for aircraft converted from

a previously certificated type without
appreciable change in the external con-
figuration, three-view drawings or
three-view dimensioned photographs of
the aircraft.

(e) In the case of a light-sport air-

craft assembled from a kit to be cer-
tificated in accordance with

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§ 21.197

§ 21.191(i)(2), an applicant must provide
the following:

(1) Evidence that an aircraft of the

same make and model was manufac-
tured and assembled by the aircraft kit
manufacturer and issued a special air-
worthiness certificate in the light-
sport category.

(2) The aircraft’s operating instruc-

tions.

(3) The aircraft’s maintenance and

inspection procedures.

(4) The manufacturer’s statement of

compliance for the aircraft kit used in
the aircraft assembly that meets
§ 21.190(c), except that instead of meet-
ing § 21.190(c)(7), the statement must
identify assembly instructions for the
aircraft that meet an applicable con-
sensus standard.

(5) The aircraft’s flight training sup-

plement.

(6) In addition to paragraphs (e)(1)

through (e)(5) of this section, for an
aircraft kit manufactured outside of
the United States, evidence that the
aircraft kit was manufactured in a
country with which the United States
has a Bilateral Airworthiness Agree-
ment concerning airplanes or a Bilat-
eral Aviation Safety Agreement with
associated Implementation Procedures
for Airworthiness concerning airplanes,
or an equivalent airworthiness agree-
ment.

[Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as
amended by Amdt. 21–85, 69 FR 44862, July 27,
2004]

§ 21.195

Experimental certificates: Air-

craft to be used for market surveys,
sales demonstrations, and customer
crew training.

(a) A manufacturer of aircraft manu-

factured within the United States may
apply for an experimental certificate
for an aircraft that is to be used for
market surveys, sales demonstrations,
or customer crew training.

(b) A manufacturer of aircraft en-

gines who has altered a type certifi-
cated aircraft by installing different
engines, manufactured by him within
the United States, may apply for an ex-
perimental certificate for that aircraft
to be used for market surveys, sales
demonstrations, or customer crew
training, if the basic aircraft, before al-
teration, was type certificated in the

normal, acrobatic, commuter, or trans-
port category.

sign of a type certificated aircraft may
apply for an experimental certificate
for the altered aircraft to be used for
market surveys, sales demonstrations,
or customer crew training if the basic
aircraft, before alteration, was type
certificated in the normal, utility, ac-
robatic, or transport category.

(d) An applicant for an experimental

certificate under this section is enti-
tled to that certificate if, in addition
to meeting the requirements of
§ 21.193—

(1) He has established an inspection

and maintenance program for the con-
tinued airworthiness of the aircraft;
and

(2) The applicant shows that the air-

craft has been flown for at least 50
hours, or for at least 5 hours if it is a
type certificated aircraft which has
been modified. The FAA may reduce
these operational requirements if the
applicant provides adequate justifica-
tion.

[Amdt. 21–21, 33 FR 6858, May 7, 1968, as
amended by Amdt. 21–28, 35 FR 2818, Feb. 11,
1970; Amdt. 21–57, 49 FR 39651, Oct. 9, 1984;
Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; Amdt.
21–92, 74 FR 53389, Oct. 16, 2009]

§ 21.197

Special flight permits.

(a) A special flight permit may be

issued for an aircraft that may not cur-
rently meet applicable airworthiness
requirements but is capable of safe
flight, for the following purposes:

(1) Flying the aircraft to a base

where repairs, alterations, or mainte-
nance are to be performed, or to a
point of storage.

(2) Delivering or exporting the air-

craft.

(3) Production flight testing new pro-

duction aircraft.

(4) Evacuating aircraft from areas of

impending danger.

(5) Conducting customer demonstra-

tion flights in new production aircraft
that have satisfactorily completed pro-
duction flight tests.

(b) A special flight permit may also

be issued to authorize the operation of
an aircraft at a weight in excess of its
maximum certificated takeoff weight
for flight beyond the normal range over

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14 CFR Ch. I (1–1–24 Edition)

§ 21.199

water, or over land areas where ade-
quate landing facilities or appropriate
fuel is not available. The excess weight
that may be authorized under this
paragraph is limited to the additional
fuel, fuel-carrying facilities, and navi-
gation equipment necessary for the
flight.

§§ 91.1017 or 119.51 of this chapter, a spe-
cial flight permit with a continuing au-
thorization may be issued for aircraft
that may not meet applicable air-
worthiness requirements, but are capa-
ble of safe flight for the purpose of fly-
ing aircraft to a base where mainte-
nance or alterations are to be per-
formed. The permit issued under this
paragraph is an authorization, includ-
ing conditions and limitations for
flight, which is set forth in the certifi-
cate holder’s operations specifications.
The permit issued under this paragraph
may be issued to—

(1) Certificate holders authorized to

conduct operations under part 119 of
this chapter, that have an approved
program for continuing flight author-
ization; or

(2) Management specification holders

authorized to conduct operations under
part 91, subpart K of this chapter for
those aircraft they operate and main-
tain under a continuous airworthiness
maintenance program prescribed by
§ 91.1411 of this chapter.

[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
amended by Amdt. 21–21, 33 FR 6859, May 7,
1968; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
Amdt. 21–54, 46 FR 37878, July 23, 1981; Amdt.
21–79, 66 FR 21066, Apr. 27, 2001; Amdt. 21–84,
68 FR 54559, Sept. 17, 2003; Amdt. 21–87, 71 FR
536, Jan. 4, 2006; Amdt. 21–92, 74 FR 53389, Oct.
16, 2009]

§ 21.199

Issue of special flight permits.

(a) Except as provided in § 21.197(c),

an applicant for a special flight permit
must submit a statement in a form and
manner prescribed by the FAA, indi-
cating—

(1) The purpose of the flight.
(2) The proposed itinerary.
(3) The crew required to operate the

aircraft and its equipment, e.g., pilot,
co-pilot, navigator, etc.

(4) The ways, if any, in which the air-

craft does not comply with the applica-
ble airworthiness requirements.

(5) Any restriction the applicant con-

siders necessary for safe operation of
the aircraft.

(6) Any other information considered

necessary by the FAA for the purpose
of prescribing operating limitations.

(b) The FAA may make, or require

the applicant to make appropriate in-
spections or tests necessary for safety.

[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
amended by Amdt. 21–21, 33 FR 6859, May 7,
1968; Amdt. 21–22, 33 FR 11901, Aug. 22, 1968]

Subpart I—Provisional

Airworthiness Certificates

OURCE

: Docket No. 5085, 29 FR 14571, Oct.

24, 1964, unless otherwise noted.

§ 21.211

Applicability.

This subpart prescribes procedural

requirements for the issue of provi-
sional airworthiness certificates.

§ 21.213

Eligibility.

(a) A manufacturer who is a United

States citizen may apply for a Class I
or Class II provisional airworthiness
certificate for aircraft manufactured
by him within the U.S.

(b) Any holder of an air carrier oper-

ating certificate under Part 121 of this
chapter who is a United States citizen
may apply for a Class II provisional
airworthiness certificate for transport
category aircraft that meet either of
the following:

(1) The aircraft has a current Class II

provisional type certificate or an
amendment thereto.

(2) The aircraft has a current provi-

sional amendment to a type certificate
that was preceded by a corresponding
Class II provisional type certificate.

who is a United States citizen and who
has altered a type certificated aircraft
by installing different type certificated
engines, manufactured by him within
the United States, may apply for a
Class I provisional airworthiness cer-
tificate for that aircraft, if the basic
aircraft, before alteration, was type

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§ 21.223

certificated in the normal, utility, ac-
robatic, commuter, or transport cat-
egory.

[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–59, 52 FR 1836, Jan. 15,
1987; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001]

§ 21.215

Application.

Applications for provisional air-

worthiness certificates must be sub-
mitted to the FAA. The application
must be accompanied by the pertinent
information specified in this subpart.

[Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; 54 FR
52872, Dec. 22, 1989; Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]

§ 21.217

Duration.

Unless sooner surrendered, super-

seded, revoked, or otherwise termi-
nated, provisional airworthiness cer-
tificates are effective for the duration
of the corresponding provisional type
certificate, amendment to a provi-
sional type certificate, or provisional
amendment to the type certificate.

§ 21.219

Transferability.

Class I provisional airworthiness cer-

tificates are not transferable. Class II
provisional airworthiness certificates
may be transferred to an air carrier eli-
gible to apply for a certificate under
§ 21.213(b).

§ 21.221

Class I provisional airworthi-

ness certificates.

(a) Except as provided in § 21.225, an

applicant is entitled to a Class I provi-
sional airworthiness certificate for an
aircraft for which a Class I provisional
type certificate has been issued if—

(1) He meets the eligibility require-

ments of § 21.213 and he complies with
this section; and

(2) The FAA finds that there is no

feature, characteristic or condition of
the aircraft that would make the air-
craft unsafe when operated in accord-
ance with the limitations established
in §§ 21.81(e) and 91.317 of this sub-
chapter.

(b) The manufacturer must hold a

provisional type certificate for the air-
craft.

statement that the aircraft conforms
to the type design corresponding to the

provisional type certificate and has
been found by him to be in safe oper-
ating condition under all applicable
limitations.

(d) The aircraft must be flown at

least five hours by the manufacturer.

(e) The aircraft must be supplied

with a provisional aircraft flight man-
ual or other document and appropriate
placards containing the limitations es-
tablished by §§ 21.81(e) and 91.317.

[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
1989]

§ 21.223

Class II provisional airworthi-

ness certificates.

(a) Except as provided in § 21.225, an

applicant is entitled to a Class II provi-
sional airworthiness certificate for an
aircraft for which a Class II provisional
type certificate has been issued if—

(1) He meets the eligibility require-

ments of § 21.213 and he complies with
this section; and

(2) The FAA finds that there is no

feature, characteristic, or condition of
the aircraft that would make the air-
craft unsafe when operated in accord-
ance with the limitations established
in §§ 21.83(h), 91.317, and 121.207 of this
chapter.

(b) The applicant must show that a

Class II provisional type certificate for
the aircraft has been issued to the
manufacturer.

statement by the manufacturer that
the aircraft has been manufactured
under a quality system adequate to en-
sure that the aircraft conforms to the
type design corresponding with the
provisional type certificate.

(d) The applicant must submit a

statement that the aircraft has been
found by him to be in a safe operating
condition under the applicable limita-
tions.

(e) The aircraft must be flown at

least five hours by the manufacturer.

(f) The aircraft must be supplied with

a provisional aircraft flight manual
containing the limitations established
by §§ 21.83(h), 91.317, and 121.207 of this
chapter.

[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–12, 31 FR 13389, Oct. 15,
1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989;
Amdt. 21–92, 74 FR 53390, Oct. 16, 2009]

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14 CFR Ch. I (1–1–24 Edition)

§ 21.225

Provisional airworthiness cer-

tificates corresponding with provi-
sional amendments to type certifi-
cates.

(a) An applicant is entitled to a Class

I or a Class II provisional airworthiness
certificate, for an aircraft, for which a
provisional amendment to the type
certificate has been issued, if—

(1) He meets the eligibility require-

ments of § 21.213 and he complies with
this section; and

(2) The FAA finds that there is no

feature, characteristic, or condition of
the aircraft, as modified in accordance
with the provisionally amended type
certificate, that would make the air-
craft unsafe when operated in accord-
ance with the applicable limitations
established in §§ 21.85(g), 91.317, and
121.207 of this chapter.

(b) The applicant must show that the

modification was made under a quality
system adequate to ensure that the
modification conforms to the provi-
sionally amended type certificate.

statement that the aircraft has been
found by him to be in a safe operating
condition under the applicable limita-
tions.

(d) The aircraft must be flown at

least five hours by the manufacturer.

(e) The aircraft must be supplied

with a provisional aircraft flight man-
ual or other document and appropriate
placards containing the limitations re-
quired by §§ 21.85(g), 91.317, and 121.207
of this chapter.

[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–12, 31 FR 13389, Oct. 15,
1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989;
Amdt. 21–92, 74 FR 53390, Oct. 16, 2009]

Subpart J

[

Reserved

]

Subpart K—Parts Manufacturer

Approvals

OURCE

: Docket No. FAA–2006–25877, Amdt.

21–92, 74 FR 53390, Oct. 16, 2009, unless other-
wise noted.

§ 21.301

Applicability.

This subpart prescribes—
(a) Procedural requirements for

issuing PMAs; and

(b) Rules governing holders of PMAs.

§ 21.303

Application.

(a) The applicant for a PMA must

apply in a form and manner prescribed
by the FAA, and include the following:

(1) The identity of the product on

which the article is to be installed.

(2) The name and address of the man-

ufacturing facilities at which these ar-
ticles are to be manufactured.

(3) The design of the article, which

consists of—

(i) Drawings and specifications nec-

essary to show the configuration of the
article; and

(ii) Information on dimensions, mate-

rials, and processes necessary to define
the structural strength of the article.

(4) Test reports and computations

necessary to show that the design of
the article meets the airworthiness re-
quirements of this subchapter. The test
reports and computations must be ap-
plicable to the product on which the
article is to be installed, unless the ap-
plicant shows that the design of the ar-
ticle is identical to the design of a arti-
cle that is covered under a type certifi-
cate. If the design of the article was ob-
tained by a licensing agreement, the
applicant must provide evidence of
that agreement.

(5) An applicant for a PMA based on

test reports and computations must
provide a statement certifying that the
applicant has complied with the air-
worthiness requirements of this sub-
chapter.

(b) Each applicant for a PMA must

make all inspections and tests nec-
essary to determine—

(1) Compliance with the applicable

airworthiness requirements;

(2) That materials conform to the

specifications in the design;

(3) That the article conforms to its

approved design; and

(4) That the manufacturing proc-

esses, construction, and assembly con-
form to those specified in the design.

§ 21.305

Organization.

(a) Each applicant for or holder of a

PMA must provide the FAA with a doc-
ument—

(1) Describing how its organization

will ensure compliance with the provi-
sions of this subpart;

(2) Describing assigned responsibil-

ities, delegated authorities, and the

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§ 21.316

functional relationship of those respon-
sible for quality to management and
other organizational components; and

(3) Identifying an accountable man-

ager.

(b) The accountable manager speci-

fied in paragraph (a) of this section
must be responsible within the appli-
cant’s or production approval holder’s
organization for, and have authority
over, all production operations con-
ducted under this part. The account-
able manager must confirm that the
procedures described in the quality
manual required by § 21.308 are in place
and that the production approval hold-
er satisfies the requirements of the ap-
plicable regulations of subchapter C,
Aircraft. The accountable manager
must serve as the primary contact with
the FAA.

[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
59031, Oct. 1, 2015]

§ 21.307

Quality system.

Each applicant for or holder of a

PMA must establish a quality system
that meets the requirements of § 21.137.

§ 21.308

Quality manual.

Each applicant for or holder of a

PMA must provide a manual describing
its quality system to the FAA for ap-
proval. The manual must be in the
English language and retrievable in a
form acceptable to the FAA.

§ 21.309

Location of or change to man-

ufacturing facilities.

(a) An applicant may obtain a PMA

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 PMA holder must obtain FAA

approval before making any changes to
the location of any of its manufac-
turing facilities.

diately notify the FAA, in writing, of
any change to the manufacturing fa-
cilities that may affect the inspection,
conformity, or airworthiness of its
PMA article.

§ 21.310

Inspections and tests.

(a) Each applicant for or holder of a

PMA must allow the FAA to inspect its

quality system, facilities, technical
data, and any manufactured articles
and witness any tests, including any
inspections or tests at a supplier facil-
ity, necessary to determine compliance
with this subchapter.

(b) Unless otherwise authorized by

the FAA, the applicant or holder—

(1) May not present any article to the

FAA for an inspection or test unless
compliance with § 21.303(b)(2) through
(4) has been shown for that article; and

(2) May not make any change to an

article between the time that compli-
ance with § 21.303(b)(2) through (4) is
shown for that article and the time
that the article is presented to the
FAA for the inspection or test.

§ 21.311

Issuance.

The FAA issues a PMA after finding

that the applicant complies with the
requirements of this subpart and the
design complies with the requirements
of this chapter applicable to the prod-
uct on which the article is to be in-
stalled.

§ 21.313

Duration.

A PMA is effective until surrendered,

withdrawn, or the FAA otherwise ter-
minates it.

§ 21.314

Transferability.

The holder of a PMA may not trans-

fer the PMA.

§ 21.316

Responsibility of holder.

Each holder of a PMA must—
(a) Amend the document required by

§ 21.305 as necessary to reflect changes
in the organization and provide these
amendments to the FAA;

(b) Maintain the quality system in

compliance with the data and proce-
dures approved for the PMA;

conforms to its approved design and is
in a condition for safe operation;

(d) Mark the PMA article for which

an approval has been issued. Marking
must be in accordance with part 45 of
this chapter, including any critical
parts;

(e) Identify any portion of the PMA

article (

e.g., sub-assemblies, component

parts, or replacement articles) that
leave the manufacturer’s facility as
FAA approved with the manufacturer’s

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14 CFR Ch. I (1–1–24 Edition)

§ 21.319

part number and name, trademark,
symbol, or other FAA approved manu-
facturer’s identification;

(f) Have access to design data nec-

essary to determine conformity and
airworthiness for each article produced
under the PMA;

(g) Retain each document granting

PMA and make it available to the FAA
upon request; and

(h) Make available to the FAA infor-

mation regarding all delegation of au-
thority to suppliers.

§ 21.319

Design changes.

(a)

Classification of design changes. (1)

A ‘‘minor change’’ to the design of an
article produced under a PMA is one
that has no appreciable effect on the
approval basis.

(2) A ‘‘major change’’ to the design of

an article produced under a PMA is any
change that is not minor.

(b)

Approval of design changes. (1)

Minor changes to the basic design of a
PMA may be approved using a method
acceptable to the FAA.

(2) The PMA holder must obtain FAA

approval of any major change before
including it in the design of an article
produced under a PMA.

§ 21.320

Changes in quality system.

After the issuance of a PMA—
(a) Each change to the quality sys-

tem is subject to review by the FAA;
and

(b) The holder of the PMA must im-

mediately notify the FAA, in writing,
of any change that may affect the in-
spection, conformity, or airworthiness
of its article.

Subpart L—Export Airworthiness

Approvals

OURCE

: Docket No. FAA–2006–25877, Amdt.

21–92, 74 FR 53391, Oct. 16, 2009, unless other-
wise noted.

§ 21.321

Applicability.

This subpart prescribes—
(a) Procedural requirements for

issuing export airworthiness approvals;
and

(b) Rules governing the holders of

those approvals.

§ 21.325

Export airworthiness approv-

als.

(a) An export airworthiness approval

for an aircraft is issued in the form of
an export certificate of airworthiness.
This certificate does not authorize op-
eration of that aircraft.

(b) The FAA prescribes the form and

manner in which an export airworthi-
ness approval for an aircraft engine,
propeller, or article is issued.

in administering the applicable re-
quirements of Title 49 U.S.C. and this
subchapter, an export airworthiness
approval may be issued for a product or
article located outside of the United
States.

§ 21.327

Application.

Any person may apply for an export

airworthiness approval. Each applicant
must apply in a form and manner pre-
scribed by the FAA.

§ 21.329

Issuance of export certificates

of airworthiness.

(a) A person may obtain from the

FAA an export certificate of airworthi-
ness for an aircraft if—

(1) A new or used aircraft manufac-

tured under subpart F or G of this part
meets the airworthiness requirements
under subpart H of this part for a—

(i) Standard airworthiness certifi-

cate; or

(ii) Special airworthiness certificate

in either the ‘‘primary’’ or the ‘‘re-
stricted’’ category; or

(2) A new or used aircraft not manu-

factured under subpart F or G of this
part has a valid—

(i) Standard airworthiness certifi-

cate; or

(ii) Special airworthiness certificate

in either the ‘‘primary’’ or the ‘‘re-
stricted’’ category.

(b) An aircraft need not meet a re-

quirement specified in paragraph (a) of
this section, as applicable, if—

(1) The importing country or jurisdic-

tion accepts, in a form and manner ac-
ceptable to the FAA, a deviation from
that requirement; and

(2) The export certificate of air-

worthiness lists as an exception any
difference between the aircraft to be
exported and its type design.

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§ 21.500

§ 21.331

Issuance of export airworthi-

ness approvals for aircraft engines,
propellers, and articles.

(a) A person may obtain from the

FAA an export airworthiness approval
to export a new aircraft engine, pro-
peller, or article that is manufactured
under this part if it conforms to its ap-
proved design and is in a condition for
safe operation.

(b) A new aircraft engine, propeller,

or article need not meet a requirement
of paragraph (a) of this section if—

(1) The importing country or jurisdic-

tion accepts, in a form and manner ac-
ceptable to the FAA, a deviation from
that requirement; and

(2) The export airworthiness approval

lists as an exception any difference be-
tween the aircraft engine, propeller, or
article to be exported and its approved
design.

FAA an export airworthiness approval
to export a used aircraft engine, pro-
peller, or article if it conforms to its
approved design and is in a condition
for safe operation.

(d) A used aircraft engine or propeller

need not meet a requirement of para-
graph (c) of this section if—

(1) The importing country or jurisdic-

tion accepts, in a form and manner ac-
ceptable to the FAA, a deviation from
that requirement; and

(2) The export airworthiness approval

lists as an exception any difference be-
tween the used aircraft engine or pro-
peller to be exported and its approved
design.

§ 21.335

Responsibilities of exporters.

Unless otherwise agreed to by the im-

porting country or jurisdiction, each
exporter must—

(a) Forward to the importing country

or jurisdiction all documents specified
by that country or jurisdiction;

(b) Preserve and package products

and articles as necessary to protect
them against corrosion and damage
during transit or storage and state the
duration of effectiveness of such pres-
ervation and packaging;

any temporary installation incor-
porated on an aircraft for the purpose
of export delivery and restore the air-

craft to the approved configuration
upon completion of the delivery flight;

(d) Secure all proper foreign entry

clearances from all the countries or ju-
risdictions involved when conducting
sales demonstrations or delivery
flights; and

(e) When title to an aircraft passes or

has passed to a foreign purchaser—

(1) Request cancellation of the U.S.

registration and airworthiness certifi-
cates from the FAA, giving the date of
transfer of title, and the name and ad-
dress of the foreign owner;

(2) Return the Registration and Air-

worthiness Certificates to the FAA;
and

(3) Provide a statement to the FAA

certifying that the U.S. identification
and registration numbers have been re-
moved from the aircraft in compliance
with § 45.33.

Subpart M

[

Reserved

]

Subpart N—Acceptance of Air-

craft Engines, Propellers, and
Articles for Import

OURCE

: Docket No. FAA–2006–25877, 74 FR

53392, Amdt. 21–92, Oct. 16, 2009, unless other-
wise noted.

§ 21.500

Acceptance of aircraft engines

and propellers.

An aircraft engine or propeller manu-

factured in a foreign country or juris-
diction meets the requirements for ac-
ceptance under this subchapter if—

(a) That country or jurisdiction is

subject to the provisions of an agree-
ment with the United States for the ac-
ceptance of that product;

(b) That product is marked in accord-

ance with part 45 of this chapter; and

type certificate for that product fur-
nishes with each such aircraft engine
or propeller imported into the United
States, an export airworthiness ap-
proval issued in accordance with the
provisions of that agreement certifying
that the individual aircraft engine or
propeller—

(1) Conforms to its U.S. type certifi-

cate and is in condition for safe oper-
ation; and

(2) Has been subjected by the manu-

facturer to a final operational check.

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14 CFR Ch. I (1–1–24 Edition)

§ 21.502

Acceptance of articles.

An article (including an article pro-

duced under a letter of TSO design ap-
proval) manufactured in a foreign
country or jurisdiction meets the re-
quirements for acceptance under this
subchapter if—

(a) That country or jurisdiction is

subject to the provisions of an agree-
ment with the United States for the ac-
ceptance of that article;

(b) That article is marked in accord-

ance with part 45 of this chapter; and

has been issued in accordance with the
provisions of that agreement for that
article for import into the United
States.

Subpart O—Technical Standard

Order Approvals

OURCE

: Docket No. FAA–2006–25877, Amdt.

21–92, 74 FR 53392, Oct. 16, 2009, unless other-
wise noted.

§ 21.601

Applicability and definitions.

(a) This subpart prescribes—
(1) Procedural requirements for

issuing TSO authorizations;

(2) Rules governing the holders of

TSO authorizations; and

(3) Procedural requirements for

issuing letters of TSO design approval.

(b) For the purposes of this subpart—
(1) A TSO issued by the FAA is a

minimum performance standard for
specified articles used on civil aircraft;

(2) A TSO authorization is an FAA

design and production approval issued
to the manufacturer of an article that
has been found to meet a specific TSO;

(3) A letter of TSO design approval is

an FAA design approval for an article
that has been found to meet a specific
TSO in accordance with the procedures
of § 21.621;

(4) An article manufactured under a

TSO authorization, an FAA letter of
acceptance as described in § 21.613(b), or
an article manufactured under a letter
of TSO design approval described in
§ 21.621 is an approved article for the
purpose of meeting the regulations of
this chapter that require the article to
be approved; and

(5) An article manufacturer is the

person who controls the design and

quality of the article produced (or to be
produced, in the case of an applica-
tion), including any related parts, proc-
esses, or services procured from an out-
side source.

§ 21.603

Application.

(a) An applicant for a TSO authoriza-

tion must apply in the form and man-
ner prescribed by the FAA. The appli-
cant must include the following docu-
ments in the application:

(1) A statement of conformance certi-

fying that the applicant has met the
requirements of this subpart and that
the article concerned meets the appli-
cable TSO that is effective on the date
of application for that article.

(2) One copy of the technical data re-

quired in the applicable TSO.

(b) If the applicant anticipates a se-

ries of minor changes in accordance
with § 21.619, the applicant may set
forth in its application the basic model
number of the article and the part
number of the components with open
brackets after it to denote that suffix
change letters or numbers (or combina-
tions of them) will be added from time
to time.

applicant must, when requested by the
FAA, provide any additional informa-
tion necessary to show compliance
with this part. If the applicant fails to
provide the additional information
within 30 days after the FAA’s request,
the FAA denies the application and no-
tifies the applicant.

[Docket No. FAA–2006–25877, Amdt. 21–92, 74
FR 53392, Oct. 16, 2009, as amended by Doc.
No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169,
Mar. 5, 2018]

§ 21.605

Organization.

(a) Each applicant for or holder of a

TSO authorization must provide the
FAA with a document—

(1) Describing how its organization

will ensure compliance with the provi-
sions of this subpart;

(2) Describing assigned responsibil-

ities, delegated authorities, and the
functional relationship of those respon-
sible for quality to management and
other organizational components; and

(3) Identifying an accountable man-

ager.

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§ 21.616

(b) The accountable manager speci-

fied in paragraph (a) of this section
must be responsible within the appli-
cant’s or production approval holder’s
organization for, and have authority
over, all production operations con-
ducted under this part. The account-
able manager must confirm that the
procedures described in the quality
manual required by § 21.608 are in place
and that the production approval hold-
er satisfies the requirements of the ap-
plicable regulations of subchapter C,
Aircraft. The accountable manager
must serve as the primary contact with
the FAA.

[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
59032, Oct. 1, 2015]

§ 21.607

Quality system.

Each applicant for or holder of a TSO

authorization must establish a quality
system that meets the requirements of
§ 21.137.

§ 21.608

Quality manual.

Each applicant for or holder of a TSO

authorization must provide a manual
describing its quality system to the
FAA for approval. The manual must be
in the English language and retrievable
in a form acceptable to the FAA.

§ 21.609

Location of or change to man-

ufacturing facilities.

(a) An applicant may obtain a TSO

authorization for manufacturing facili-
ties located outside of the United
States if the FAA finds no undue bur-
den in administering the applicable re-
quirements of Title 49 U.S.C. and this
subchapter.

(b) The TSO authorization holder

must obtain FAA approval before mak-
ing any changes to the location of any
of its manufacturing facilities.

must immediately notify the FAA, in
writing, of any change to the manufac-
turing facilities that may affect the in-
spection, conformity, or airworthiness
of its product or article.

§ 21.610

Inspections and tests.

Each applicant for or holder of a TSO

authorization must allow the FAA to
inspect its quality system, facilities,
technical data, and any manufactured
articles and witness any tests, includ-

ing any inspections or tests at a sup-
plier facility, necessary to determine
compliance with this subchapter.

§ 21.611

Issuance.

If the FAA finds that the applicant

complies with the requirements of this
subchapter, the FAA issues a TSO au-
thorization to the applicant (including
all TSO deviations granted to the ap-
plicant).

§ 21.613

Duration.

(a) A TSO authorization or letter of

TSO design approval is effective until
surrendered, withdrawn, or otherwise
terminated by the FAA.

(b) If a TSO is revised or canceled,

the holder of an affected FAA letter of
acceptance of a statement of conform-
ance, TSO authorization, or letter of
TSO design approval may continue to
manufacture articles that meet the
original TSO without obtaining a new
acceptance, authorization, or approval
but must comply with the require-
ments of this chapter.

§ 21.614

Transferability.

The holder of a TSO authorization or

letter of TSO design approval may not
transfer the TSO authorization or let-
ter of TSO design approval.

§ 21.616

Responsibility of holder.

Each holder of a TSO authorization

must—

(a) Amend the document required by

§ 21.605 as necessary to reflect changes
in the organization and provide these
amendments to the FAA.

(b) Maintain a quality system in

compliance with the data and proce-
dures approved for the TSO authoriza-
tion;

article conforms to its approved design,
is in a condition for safe operation, and
meets the applicable TSO;

(d) Mark the TSO article for which

an approval has been issued. Marking
must be in accordance with part 45 of
this chapter, including any critical
parts;

(e) Identify any portion of the TSO

article (e.g., sub-assemblies, compo-
nent parts, or replacement articles)
that leave the manufacturer’s facility

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14 CFR Ch. I (1–1–24 Edition)

§ 21.618

as FAA approved with the manufactur-
er’s part number and name, trademark,
symbol, or other FAA approved manu-
facturer’s identification;

(f) Have access to design data nec-

essary to determine conformity and
airworthiness for each article produced
under the TSO authorization. The man-
ufacturer must retain this data until it
no longer manufactures the article. At
that time, copies of the data must be
sent to the FAA;

(g) Retain its TSO authorization and

make it available to the FAA upon re-
quest; and

(h) Make available to the FAA infor-

mation regarding all delegation of au-
thority to suppliers.

§ 21.618

Approval for deviation.

(a) Each manufacturer who requests

approval to deviate from any perform-
ance standard of a TSO must show that
factors or design features providing an
equivalent level of safety compensate
for the standards from which a devi-
ation is requested.

(b) The manufacturer must send re-

quests for approval to deviate, together
with all pertinent data, to the FAA. If
the article is manufactured under the
authority of a foreign country or juris-
diction, the manufacturer must send
requests for approval to deviate, to-
gether with all pertinent data, through
the civil aviation authority of that
country or jurisdiction to the FAA.

[Docket No. FAA–2006–25877, Amdt. 21–92, 74
FR 53392, Oct. 16, 2009, as amended by Doc.
No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169,
Mar. 5, 2018]

§ 21.619

Design changes.

(a)

Minor changes by the manufacturer

holding a TSO authorization. The manu-
facturer of an article under an author-
ization issued under this part may
make minor design changes (any
change other than a major change)
without further approval by the FAA.
In this case, the changed article keeps
the original model number (part num-
bers may be used to identify minor
changes) and the manufacturer must
forward to the FAA, any revised data
that are necessary for compliance with
§ 21.603(a).

(b)

Major changes by the manufacturer

holding a TSO authorization. Any design

change by the manufacturer extensive
enough to require a substantially com-
plete investigation to determine com-
pliance with a TSO is a major change.
Before making a major change, the
manufacturer must assign a new type
or model designation to the article and
apply for an authorization under
§ 21.603.

(c)

Changes by persons other than the

manufacturer. No design change by any
person (other than the manufacturer
who provided the statement of con-
formance for the article) is eligible for
approval under this part unless the per-
son seeking the approval is a manufac-
turer and applies under § 21.603(a) for a
separate TSO authorization. Persons
other than a manufacturer may obtain
approval for design changes under part
43 or under the applicable airworthi-
ness regulations of this chapter.

[Docket No. FAA–2006–25877, Amdt. 21–92, 74
FR 53392, Oct. 16, 2009, as amended by Doc.
No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169,
Mar. 5, 2018; Doc. No. FAA–2022–1355, Amdt.
21–106, 87 FR 75710, Dec. 9, 2022]

§ 21.620

Changes in quality system.

After the issuance of a TSO author-

ization—

(a) Each change to the quality sys-

tem is subject to review by the FAA;
and

(b) The holder of the TSO authoriza-

tion must immediately notify the FAA,
in writing, of any change that may af-
fect the inspection, conformity, or air-
worthiness of its article.

§ 21.621

Issue of letters of TSO design

approval: Import articles.

(a) The FAA may issue a letter of

TSO design approval for an article—

(1) Designed and manufactured in a

foreign country or jurisdiction subject
to the export provisions of an agree-
ment with the United States for the ac-
ceptance of these articles for import;
and

(2) For import into the United States

if—

(i) The State of Design certifies that

the article has been examined, tested,
and found to meet the applicable TSO
or the applicable performance stand-
ards of the State of Design and any
other performance standards the FAA
may prescribe to provide a level of

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Pt. 23

safety equivalent to that provided by
the TSO; and

(ii) The manufacturer has provided to

the FAA one copy of the technical data
required in the applicable performance
standard through its State of Design.

(b) The FAA issues the letter of TSO

design approval that lists any devi-
ation granted under § 21.618.

[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53392, Oct. 16, 2009, as amended by Amdt. 21–
92A, 75 FR 9095, Mar. 1, 2010]

Subpart P—Special Federal

Aviation Regulations

OURCE

: Docket No. FAA–2011–0186, Amdt.

21–92, 76 FR 12555, Mar. 8, 2011, unless other-
wise noted.

§ 21.700

SFAR No. 111—Lavatory Oxy-

gen Systems.

The requirements of § 121.1500 of this

chapter also apply to this part.

PART 23—AIRWORTHINESS STAND-

ARDS: NORMAL CATEGORY AIR-
PLANES

Sec.
23.1457

Cockpit voice recorders.

23.1459

Flight data recorders.

23.1529

Instructions for continued air-

worthiness.

Subpart A—General

23.2000

Applicability and definitions.

23.2005

Certification of normal category air-

planes.

23.2010

Accepted means of compliance.

Subpart B—Flight

ERFORMANCE

23.2100

Weight and center of gravity.

23.2105

Performance data.

23.2110

Stall speed.

23.2115

Takeoff performance.

23.2120

Climb requirements.

23.2125

Climb information.

23.2130

Landing.

LIGHT

HARACTERISTICS

23.2135

Controllability.

23.2140

Trim.

23.2145

Stability.

23.2150

Stall characteristics, stall warning,

and spins.

23.2155

Ground and water handling charac-

teristics.

23.2160

Vibration, buffeting, and high-speed

characteristics.

23.2165

Performance and flight characteris-

tics requirements for flight in icing con-
ditions.

Subpart C—Structures

23.2200

Structural design envelope.

23.2205

Interaction of systems and struc-

tures.

TRUCTURAL

OADS

23.2210

Structural design loads.

23.2215

Flight load conditions.

23.2220

Ground and water load conditions.

23.2225

Component loading conditions.

23.2230

Limit and ultimate loads.

TRUCTURAL

ERFORMANCE

23.2235

Structural strength.

23.2240

Structural durability.

23.2245

Aeroelasticity.

ESIGN

23.2250

Design and construction principles.

23.2255

Protection of structure.

23.2260

Materials and processes.

23.2265

Special factors of safety.

TRUCTURAL

CCUPANT

ROTECTION

23.2270

Emergency conditions.

Subpart D—Design and Construction

23.2300

Flight control systems.

23.2305

Landing gear systems.

23.2310

Buoyancy for seaplanes and amphib-

ians.

CCUPANT

YSTEM

ESIGN

ROTECTION

23.2315

Means of egress and emergency

exits.

23.2320

Occupant physical environment.

IRE AND

IGH

NERGY

ROTECTION

23.2325

Fire protection.

23.2330

Fire protection in designated fire

zones and adjacent areas.

23.2335

Lightning protection.

Subpart E—Powerplant

23.2400

Powerplant installation.

23.2405

Automatic power or thrust control

systems.

23.2410

Powerplant installation hazard as-

sessment.

23.2415

Powerplant ice protection.

23.2420

Reversing systems.

23.2425

Powerplant operational characteris-

tics.

23.2430

Fuel system.

23.2435

Powerplant induction and exhaust

systems.

23.2440

Powerplant fire protection.

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