title-14-part-21-sec21-9

137

Federal Aviation Administration, DOT

§ 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