title-14-part-21-sec21-21

139

Federal Aviation Administration, DOT

§ 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