14 CFR Part 21 — Certification Procedures for Products and Articles

SUBCHAPTER C—AIRCRAFT

21.50 Instructions for continued airworthi-

PART 21—CERTIFICATION PROCE-

ness and manufacturer’s maintenance

DURES FOR PRODUCTS AND AR-

manuals having airworthiness limita-

TICLES

tions sections.

21.51 Duration.

21.53 Statement of conformity.

S PECIAL F EDERAL A VIATION R EGULATION N O .

21.55 Responsibilities of type certificate holders who license the type certificate.

Subpart A—General Subpart C—Provisional Type Certificates Sec.

21.71 Applicability.

21.1 Applicability and definitions.

21.73 Eligibility.

21.2 Falsification of applications, reports, 21.75 Application.

or records.

21.77 Duration.

21.3 Reporting of failures, malfunctions, and defects. 21.79 Transferability.

21.4 ETOPS reporting requirements. 21.81 Requirements for issue and amend- ment of Class I provisional type certifi- 21.5 Airplane or Rotorcraft Flight Manual.

cates.

21.6 Manufacture of new aircraft, aircraft 21.83 Requirements for issue and amend- engines, and propellers.

ment of Class II provisional type certifi- 21.7 Continued airworthiness and safety im- cates.

provements for transport category air- planes. 21.85 Provisional amendments to type cer- 21.8 Approval of articles. tificates.

21.9 Replacement and modification articles.

Subpart D—Changes to Type Certificates Subpart B—Type Certificates 21.91 Applicability.

21.11 Applicability. 21.93 Classification of changes in type de- 21.13 Eligibility. sign.

21.15 Application for type certificate. 21.95 Approval of minor changes in type de- 21.16 Special conditions. sign.

21.17 Designation of applicable regulations. 21.97 Approval of major changes in type de- 21.19 Changes requiring a new type certifi- sign.

cate. 21.99 Required design changes.

21.20 Compliance with applicable require- 21.101 Designation of applicable regulations.

ments.

21.21 Issue of type certificate: normal, util- Subpart E—Supplemental Type Certificates ity, acrobatic, commuter, and transport 21.111 Applicability.

category aircraft; manned free balloons; 21.113 Requirement for supplemental type special classes of aircraft; aircraft en- certificate.

gines; propellers.

21.115 Applicable requirements.

21.23 [Reserved] 21.117 Issue of supplemental type certifi- 21.24 Issuance of type certificate: primary cates.

category aircraft.

21.119 Privileges.

21.25 Issue of type certificate: Restricted 21.120 Responsibility of supplemental type category aircraft.

certificate holders to provide written 21.27 Issue of type certificate: surplus air- permission for alterations.

craft of the Armed Forces.

21.29 Issue of type certificate: import prod- ucts. Subpart F—Production Under Type 21.31 Type design.

Certificate 21.33 Inspection and tests.

21.121 Applicability.

21.35 Flight tests.

21.122 Location of or change to manufac- 21.37 Flight test pilot.

turing facilities.

21.39 Flight test instrument calibration and correction report. 21.123 Production under type certificate.

21.125 [Reserved] 21.41 Type certificate.

21.127 Tests: aircraft.

21.43 Location of manufacturing facilities.

21.128 Tests: aircraft engines.

21.45 Privileges.

21.47 Transferability. 21.129 Tests: propellers.

21.49 Availability. 21.130 Statement of conformity.

Federal Aviation Administration, DOT Pt. 21

21.225 Provisional airworthiness certificates Subpart G—Production Certificates corresponding with provisional amend- 21.131 Applicability.

ments to type certificates.

21.132 Eligibility.

21.133 Application.

Subpart J [ Reserved ] 21.135 Organization.

21.137 Quality system.

Subpart K—Parts Manufacturer Approvals 21.138 Quality manual.

21.139 Location of or change to manufac- 21.301 Applicability.

turing facilities.

21.303 Application.

21.140 Inspections and tests.

21.305 Organization.

21.141 Issuance.

21.307 Quality system.

21.142 Production limitation record.

21.308 Quality manual.

21.143 Duration.

21.309 Location of or change to manufac- 21.144 Transferability.

turing facilities.

21.145 Privileges.

21.310 Inspections and tests.

21.146 Responsibility of holder.

21.311 Issuance.

21.147 Amendment of production certifi- 21.313 Duration.

cates.

21.314 Transferability.

21.150 Changes in quality system.

21.316 Responsibility of holder.

Subpart H—Airworthiness Certificates 21.319 Design changes.

21.320 Changes in quality system.

21.171 Applicability.

21.173 Eligibility.

Subpart L—Export Airworthiness Approvals 21.175 Airworthiness certificates: classifica- tion.

21.321 Applicability.

21.177 Amendment or modification.

21.325 Export airworthiness approvals.

21.179 Transferability.

21.327 Application.

21.181 Duration.

21.329 Issuance of export certificates of air- 21.182 Aircraft identification.

worthiness.

21.183 Issue of standard airworthiness cer- 21.331 Issuance of export airworthiness ap- tificates for normal, utility, acrobatic, provals for aircraft engines, propellers, commuter, and transport category air- and articles.

craft; manned free balloons; and special 21.335 Responsibilities of exporters.

classes of aircraft.

21.184 Issue of special airworthiness certifi- Subpart M [ Reserved ] cates for primary category aircraft.

21.185 Issue of airworthiness certificates for Subpart N—Acceptance of Aircraft restricted category aircraft.

Engines, Propellers, and Articles for Import 21.187 Issue of multiple airworthiness cer- tification.

21.500 Acceptance of aircraft engines and 21.189 Issue of airworthiness certificate for propellers.

limited category aircraft.

21.502 Acceptance of articles.

21.190 Issue of a special airworthiness cer- tificate for a light-sport category air- Subpart O—Technical Standard Order craft.

21.191 Experimental certificates. Approvals 21.193 Experimental certificates: general.

21.601 Applicability and definitions.

21.195 Experimental certificates: Aircraft to 21.603 Application.

be used for market surveys, sales dem- onstrations, and customer crew training. 21.605 Organization.

21.197 Special flight permits.

21.607 Quality system.

21.199 Issue of special flight permits.

21.608 Quality manual.

21.609 Location of or change to manufac- Subpart I—Provisional Airworthiness turing facilities.

Certificates 21.610 Inspections and tests.

21.611 Issuance.

21.211 Applicability.

21.613 Duration.

21.213 Eligibility.

21.614 Transferability.

21.215 Application.

21.616 Responsibility of holder.

21.217 Duration.

21.618 Approval for deviation.

21.219 Transferability.

21.619 Design changes.

21.221 Class I provisional airworthiness cer- tificates. 21.620 Changes in quality system.

21.223 Class II provisional airworthiness cer- 21.621 Issue of letters of TSO design ap- tificates. proval: Import articles.

14 CFR Ch. I (1–1–25 Edition) Pt. 21, SFAR No. 88 acceptable level of safety, and the resulting Subpart P—Special Federal Aviation level of safety.

Regulations (b) Develop all maintenance and inspection 21.700 SFAR No. 111—Lavatory oxygen sys- instructions necessary to maintain the de- tems. sign features required to preclude the exist- ence or development of an ignition source A UTHORITY : 42 U.S.C. 7572; 49 U.S.C. 106(f), within the fuel tank system of the airplane.

106(g), 40105, 40113, 44701–44702, 44704, 44707, (c) Submit a report for approval to the re- 44709, 44711, 44713, 44715, 45303; Sec. 102, Pub.

sponsible Aircraft Certification Service of- L. 116–260, 134 Stat. 2309.

fice for the affected airplane, that: (1) Provides substantiation that the air- E DITORIAL N OTES : 1. For miscellaneous plane fuel tank system design, including all amendments to cross references in this 21 see necessary design changes, meets the require- Amdt. 21–10, 31 FR 9211, July 6, 1966.

ments of §§ 25.901 and 25.981(a) and (b) of this 2. Nomenclature changes to part 21 appear chapter; and at 74 FR 53384, Oct. 16, 2009.

(2) Contains all maintenance and inspec- tion instructions necessary to maintain the S PECIAL F EDERAL A VIATION R EGULATION design features required to preclude the ex- N O . 88—F UEL T ANK S YSTEM F AULT istence or development of an ignition source TOLERANCE E VALUATION R EQUIRE - within the fuel tank system throughout the MENTS operational life of the airplane.

(d) The responsible Aircraft Certification 1. Applicability. This SFAR applies to the Service office for the affected airplane, may holders of type certificates, and supple- approve a report submitted in accordance mental type certificates that may affect the with paragraph 2(c) if it determines that any airplane fuel tank system, for turbine-pow- provisions of this SFAR not complied with ered transport category airplanes, provided are compensated for by factors that provide the type certificate was issued after January an equivalent level of safety.

1, 1958, and the airplane has either a max- (e) Each type certificate holder must com- imum type certificated passenger capacity of ply no later than December 6, 2002, or within 30 or more, or a maximum type certificated 18 months after the issuance of a type cer- payload capacity of 7,500 pounds or more.

tificate for which application was filed be- This SFAR also applies to applicants for fore June 6, 2001, whichever is later; and each type certificates, amendments to a type cer- supplemental type certificate holder of a tificate, and supplemental type certificates modification affecting the airplane fuel tank affecting the fuel tank systems for those air- system must comply no later than June 6, planes identified above, if the application 2003, or within 18 months after the issuance was filed before June 6, 2001, the effective of a supplemental type certificate for which date of this SFAR, and the certificate was application was filed before June 6, 2001, not issued before June 6, 2001.

whichever is later.

2. Compliance: Each type certificate holder, [Doc. No. 1999–6411, 66 FR 23129, May 7, 2001, and each supplemental type certificate hold- as amended by Amdt. 21–82, 67 FR 57493, Sept.

er of a modification affecting the airplane 10, 2002; 67 FR 70809, Nov. 26, 2002; Amdt. 21– fuel tank system, must accomplish the fol- 83, 67 FR 72833, Dec. 9, 2002; Doc. No. FAA– lowing within the compliance times specified 2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 5, in paragraph (e) of this section: 2018] (a) Conduct a safety review of the airplane fuel tank system to determine that the de- sign meets the requirements of §§ 25.901 and Subpart A—General 25.981(a) and (b) of this chapter. If the cur- rent design does not meet these require- § 21.1 Applicability and definitions.

ments, develop all design changes to the fuel (a) This part prescribes— tank system that are necessary to meet (1) Procedural requirements for these requirements. The responsible Aircraft issuing and changing— Certification Service office for the affected (i) Design approvals; airplane may grant an extension of the 18- month compliance time for development of (ii) Production approvals; design changes if: (iii) Airworthiness certificates; and (1) The safety review is completed within (iv) Airworthiness approvals; the compliance time; (2) Rules governing applicants for, (2) Necessary design changes are identified and holders of, any approval or certifi- within the compliance time; and cate specified in paragraph (a)(1) of (3) Additional time can be justified, based this section; and on the holder’s demonstrated aggressiveness (3) Procedural requirements for the in performing the safety review, the com- approval of articles.

plexity of the necessary design changes, the availability of interim actions to provide an (b) For the purposes of this part— Federal Aviation Administration, DOT § 21.3 (1) Airworthiness approval means a ture of, or installed on, a product or ar- document, issued by the FAA for an ticle.

aircraft, aircraft engine, propeller, or [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR article, which certifies that the air- 53384, Oct. 16, 2009; Doc. No. FAA–2013–0933, craft, aircraft engine, propeller, or ar- Amdt. 21–98, 80 FR 59031, Oct. 1, 2015; Amdt.

ticle conforms to its approved design 21–98A, 80 FR 59031, Dec. 17, 2015; Docket FAA–2015–0150, Amdt. 21–99, 81 FR 42207, June and is in a condition for safe operation, 28, 2016; Docket FAA–2018–1087, Amdt. 21–105, unless otherwise specified; 86 FR 4381, Jan. 15, 2021] (2) Article means a material, part, component, process, or appliance; § 21.2 Falsification of applications, re- (3) Commercial part means an article ports, or records.

that is listed on an FAA-approved (a) A person may not make or cause Commercial Parts List included in a to be made— design approval holder’s Instructions (1) Any fraudulent, intentionally for Continued Airworthiness required false, or misleading statement on any by § 21.50; application for a certificate or ap- (4) Design approval means a type cer- proval under this part; tificate (including amended and supple- (2) Any fraudulent, intentionally mental type certificates) or the ap- false, or misleading statement in any proved design under a PMA, TSO au- record or report that is kept, made, or thorization, letter of TSO design ap- used to show compliance with any re- proval, or other approved design; quirement of this part; (5) Interface component means an arti- (3) Any reproduction for a fraudulent cle that serves as a functional interface purpose of any certificate or approval between an aircraft and an aircraft en- issued under this part.

gine, an aircraft engine and a propeller, (4) Any alteration of any certificate or an aircraft and a propeller. An inter- or approval issued under this part.

face component is designated by the (b) The commission by any person of holder of the type certificate or the an act prohibited under paragraph (a) supplemental type certificate who con- of this section is a basis for— trols the approved design data for that (1) Denying issuance of any certifi- article; cate or approval under this part; and (6) Product means an aircraft, aircraft (2) Suspending or revoking any cer- engine, or propeller; tificate or approval issued under this (7) Production approval means a docu- part and held by that person.

ment issued by the FAA to a person [Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as that allows the production of a product amended by Amdt. 21–92, 74 FR 53384, Oct. 16, or article in accordance with its ap- 2009; Amdt. 21–92A, 75 FR 9095, Mar. 1, 2010] proved design and approved quality system, and can take the form of a pro- § 21.3 Reporting of failures, malfunc- tions, and defects.

duction certificate, a PMA, or a TSO authorization; (a) The holder of a type certificate (8) State of Design means the country (including amended or supplemental or jurisdiction having regulatory au- type certificates), a PMA, or a TSO au- thority over the organization respon- thorization, or the licensee of a type sible for the design and continued air- certificate must report any failure, worthiness of a civil aeronautical prod- malfunction, or defect in any product uct or article; or article manufactured by it that it (9) State of Manufacture means the determines has resulted in any of the country or jurisdiction having regu- occurrences listed in paragraph (c) of latory authority over the organization this section.

responsible for the production and air- (b) The holder of a type certificate worthiness of a civil aeronautical prod- (including amended or supplemental uct or article.

type certificates), a PMA, or a TSO au- (10) Supplier means a person at any thorization, or the licensee of a type tier in the supply chain who provides a certificate must report any defect in product, article, or service that is used any product or article manufactured by or consumed in the design or manufac- it that has left its quality system and 14 CFR Ch. I (1–1–25 Edition) § 21.3 that it determines could result in any (iii) Were reported under the accident of the occurrences listed in paragraph reporting provisions of 49 CFR part 830 (c) of this section.

of the regulations of the National (c) The following occurrences must Transportation Safety Board.

be reported as provided in paragraphs (2) Failures, malfunctions, or defects (a) and (b) of this section: in products or articles— (1) Fires caused by a system or equip- (i) Manufactured by a foreign manu- ment failure, malfunction, or defect.

facturer under a U.S. type certificate (2) An engine exhaust system failure, issued under § 21.29 or under an ap- malfunction, or defect which causes proval issued under § 21.621; or damage to the engine, adjacent aircraft (ii) Exported to the United States structure, equipment, or components.

under § 21.502.

(3) The accumulation or circulation (e) Each report required by this sec- of toxic or noxious gases in the crew tion— compartment or passenger cabin.

(1) Must be made to the FAA within (4) A malfunction, failure, or defect 24 hours after it has determined that of a propeller control system.

the failure, malfunction, or defect re- (5) A propeller or rotorcraft hub or quired to be reported has occurred.

blade structural failure.

However, a report that is due on a Sat- (6) Flammable fluid leakage in areas urday or a Sunday may be delivered on where an ignition source normally ex- the following Monday and one that is ists.

due on a holiday may be delivered on (7) A brake system failure caused by the next workday; structural or material failure during (2) Must be transmitted in a manner operation.

and form acceptable to the FAA and by (8) A significant aircraft primary the most expeditious method available; structural defect or failure caused by any autogenous condition (fatigue, un- and derstrength, corrosion, etc.).

(3) Must include as much of the fol- (9) Any abnormal vibration or buf- lowing information as is available and feting caused by a structural or system applicable: malfunction, defect, or failure.

(i) The applicable product and article (10) An engine failure.

identification information required by (11) Any structural or flight control part 45 of this chapter; system malfunction, defect, or failure (ii) Identification of the system in- which causes an interference with nor- volved; and mal control of the aircraft for which (iii) Nature of the failure, malfunc- derogates the flying qualities.

tion, or defect.

(12) A complete loss of more than one (f) If an accident investigation or electrical power generating system or service difficulty report shows that a hydraulic power system during a given product or article manufactured under operation of the aircraft.

this part is unsafe because of a manu- (13) A failure or malfunction of more facturing or design data defect, the than one attitude, airspeed, or altitude holder of the production approval for instrument during a given operation of that product or article must, upon re- the aircraft.

quest of the FAA, report to the FAA (d) The requirements of paragraph (a) the results of its investigation and any of this section do not apply to— action taken or proposed by the holder (1) Failures, malfunctions, or defects of that production approval to correct that the holder of a type certificate that defect. If action is required to cor- (including amended or supplemental rect the defect in an existing product 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 Federal Aviation Administration, DOT § 21.4 or article, the holder of that produc- (ii) A change in a manufacturing tion approval must send the data nec- process; essary for issuing an appropriate air- (iii) A change in an operating or worthiness directive to the FAA.

maintenance procedure; or (iv) Any other solution acceptable to [Amdt. 21–36, 35 FR 18187, Nov. 28, 1970, as amended by Amdt. 21–37, 35 FR 18450, Dec. 4, the FAA.

1970; Amdt. 21–50, 45 FR 38346, June 9, 1980; (2) For an airplane with more than Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; Amdt.

two engines, the system must be in 21–92, 74 FR 53385, Oct. 16, 2009; Doc. No.

place for the first 250,000 world fleet en- FAA–2018–0119, Amdt. 21–101, 83 FR 9169, Mar.

gine-hours for the approved airplane- 5, 2018] engine combination.

§ 21.4 ETOPS reporting requirements.

(3) For two-engine airplanes, the sys- (a) Early ETOPS: reporting, tracking, tem must be in place for the first and resolving problems. The holder of a 250,000 world fleet engine-hours for the type certificate for an airplane-engine approved airplane-engine combination combination approved using the Early and after that until— ETOPS method specified in part 25, Ap- (i) The world fleet 12-month rolling pendix K, of this chapter must use a average IFSD rate is at or below the system for reporting, tracking, and re- rate required by paragraph (b)(2) of this solving each problem resulting in one section; and of the occurrences specified in para- (ii) The FAA determines that the graph (a)(6) of this section.

rate is stable.

(1) The system must identify how the (4) For an airplane-engine combina- type certificate holder will promptly tion that is a derivative of an airplane- identify problems, report them to the engine combination previously ap- responsible Aircraft Certification Serv- proved for ETOPS, the system need ice office, and propose a solution to the only address those problems specified FAA to resolve each problem. A pro- in the following table, provided the posed solution must consist of— type certificate holder obtains prior (i) A change in the airplane or engine type design; authorization from the FAA: If the change does not require a new airplane type certificate Then the Problem Tracking and Resolution System must ad- and . . . 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 (v) Degraded ability to start an en- identify the sources and content of gine in flight.

data that it will use for its system. The (vi) Inadvertent fuel loss or unavail- data must be adequate to evaluate the ability, or uncorrectable fuel imbal- specific cause of any in-service problem ance in flight.

reportable under this section or § 21.3(c) (vii) Turn backs or diversions for fail- that could affect the safety of ETOPS.

ures, malfunctions, or defects associ- (6) In implementing this system, the ated with an ETOPS group 1 signifi- type certificate holder must report the cant system.

following occurrences: (viii) Loss of any power source for an (i) IFSDs, except planned IFSDs per- ETOPS group 1 significant system, in- formed for flight training. cluding any power source designed to (ii) For two-engine airplanes, IFSD provide backup power for that system.

rates. (ix) Any event that would jeopardize (iii) Inability to control an engine or the safe flight and landing of the air- obtain desired thrust or power. plane on an ETOPS flight.

(iv) Precautionary thrust or power (x) Any unscheduled engine removal reductions. for a condition that could result in one 14 CFR Ch. I (1–1–25 Edition) § 21.5 of the reportable occurrences listed in configuration, maintenance and proce- this paragraph. dures (CMP) document as a condition (b) Reliability of two-engine airplanes — for ETOPS approval, the rate to be (1) Reporting of two-engine airplane in- maintained is at or below 0.02 per 1,000 service reliability. The holder of a type world-fleet engine-hours.

(ii) A rate of 0.02 per 1,000 world-fleet certificate for an airplane approved for engine-hours for an airplane-engine ETOPS and the holder of a type certifi- combination approved for up to and in- cate for an engine installed on an air- cluding 180-minute ETOPS, including plane approved for ETOPS must report airplane-engine combinations approved monthly to their respective Aircraft for 207-minute ETOPS in the North Pa- Certification Service office on the reli- cific operating area under appendix P, ability of the world fleet of those air- section I, paragraph (h), of part 121 of planes and engines. The report pro- this chapter.

vided by both the airplane and engine (iii) A rate of 0.01 per 1,000 world-fleet type certificate holders must address engine-hours for an airplane-engine each airplane-engine combination ap- combination approved for ETOPS be- proved for ETOPS. The FAA may ap- yond 180 minutes, excluding airplane- prove quarterly reporting if the air- engine combinations approved for 207- plane-engine combination dem- minute ETOPS in the North Pacific op- onstrates an IFSD rate at or below erating area under appendix P, section those specified in paragraph (b)(2) of I, paragraph (h), of part 121 of this this section for a period acceptable to chapter.

the FAA. This reporting may be com- bined with the reporting required by [Doc. No. FAA–2002–6717, 72 FR 1872, Jan. 16, § 21.3. The responsible type certificate 2007, as amended by Doc. No. FAA–2018–0119, holder must investigate any cause of Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] an IFSD resulting from an occurrence § 21.5 Airplane or Rotorcraft Flight attributable to the design of its prod- Manual.

uct and report the results of that in- vestigation to its responsible Aircraft (a) With each airplane or rotorcraft Certification Service office. Reporting not type certificated with an Airplane must include: or Rotorcraft Flight Manual and hav- (i) Engine IFSDs, except planned ing no flight time before March 1, 1979, IFSDs performed for flight training.

the holder of a type certificate (includ- (ii) The world fleet 12-month rolling ing amended or supplemental type cer- average IFSD rates for all causes, ex- tificates) or the licensee of a type cer- cept planned IFSDs performed for tificate must make available to the flight training.

owner at the time of delivery of the (iii) ETOPS fleet utilization, includ- aircraft a current approved Airplane or ing a list of operators, their ETOPS di- Rotorcraft Flight Manual.

version time authority, flight hours, (b) The Airplane or Rotorcraft Flight and cycles. Manual required by paragraph (a) of (2) World fleet IFSD rate for two-engine this section must contain the following airplanes. The holder of a type certifi- information: cate for an airplane approved for (1) The operating limitations and in- ETOPS and the holder of a type certifi- formation required to be furnished in cate for an engine installed on an air- an Airplane or Rotorcraft Flight Man- plane approved for ETOPS must issue ual or in manual material, markings, service information to the operators of and placards, by the applicable regula- those airplanes and engines, as appro- tions under which the airplane or priate, to maintain the world fleet 12- rotorcraft was type certificated.

month rolling average IFSD rate at or (2) The maximum ambient atmos- below the following levels: pheric temperature for which engine (i) A rate of 0.05 per 1,000 world-fleet cooling was demonstrated must be engine-hours for an airplane-engine stated in the performance information combination approved for up to and in- section of the Flight Manual, if the ap- cluding 120-minute ETOPS. When all plicable regulations under which the ETOPS operators have complied with aircraft was type certificated do not re- the corrective actions required in the quire ambient temperature on engine Federal Aviation Administration, DOT § 21.9 cooling operating limitations in the (b) For new transport category air- Flight Manual. planes manufactured under the author- (3) Documentation of compliance ity of the FAA, the holder or licensee with part 38 of this chapter, in an FAA- of a type certificate must meet the ap- approved section of any approved air- plicable continued airworthiness and safety improvement requirements spec- plane flight manual. Such material ified in part 26 of this subchapter for must include the fuel efficiency metric new production airplanes. Those re- value as calculated under § 38.11 of this quirements only apply if the FAA has chapter, and the specific paragraph of jurisdiction over the organization re- § 38.17 of this chapter with which com- sponsible for final assembly of the air- pliance has been shown for that air- plane.

plane.

[Doc. No. FAA–2004–18379, Amdt. 21–90, 72 FR [Amdt. 21–46, 43 FR 2316, Jan. 16, 1978, as 63404, Nov. 8, 2007] amended by Amdt. 21–92, 74 FR 53385, Oct. 16, 2009; Admt. 21–107, 89 FR 12653, Feb. 16, 2024] § 21.8 Approval of articles.

§ 21.6 Manufacture of new aircraft, air- If an article is required to be ap- craft engines, and propellers.

proved under this chapter, it may be approved— (a) Except as specified in paragraphs (a) Under a PMA; (b) and (c) of this section, no person (b) Under a TSO; may manufacture a new aircraft, air- (c) In conjunction with type certifi- craft engine, or propeller based on a cation procedures for a product; or type certificate unless the person— (d) In any other manner approved by (1) Is the holder of the type certifi- the FAA.

cate or has a licensing agreement from the holder of the type certificate to [Doc. No. FAA–2006–5877, Amdt. 21–92, 74 FR manufacture the product; and 53385, Oct. 16, 2009] (2) Meets the requirements of subpart § 21.9 Replacement and modification F or G of this part.

articles.

(b) A person may manufacture one (a) If a person knows, or should new aircraft based on a type certificate know, that a replacement or modifica- without meeting the requirements of tion article is reasonably likely to be paragraph (a) of this section if that installed on a type-certificated prod- person can provide evidence acceptable uct, the person may not produce that to the FAA that the manufacture of article unless it is— the aircraft by that person began be- (1) Produced under a type certificate; fore August 5, 2004.

(2) Produced under an FAA produc- (c) The requirements of this section tion approval; do not apply to— (3) A standard part (such as a nut or (1) New aircraft imported under the bolt) manufactured in compliance with provisions of §§ 21.183(c), 21.184(b), or a government or established industry 21.185(c); and specification; (2) New aircraft engines or propellers (4) A commercial part as defined in imported under the provisions of § 21.1 of this part; § 21.500.

(5) Produced by an owner or operator [Doc. No. FAA–2003–14825, 71 FR 52258, Sept. for maintaining or altering that owner 1, 2006] or operator’s product; (6) Fabricated by an appropriately § 21.7 Continued airworthiness and rated certificate holder with a quality safety improvements for transport system, and consumed in the repair or category airplanes.

alteration of a product or article in ac- (a) On or after December 10, 2007, the cordance with part 43 of this chapter; holder of a design approval and an ap- or plicant for a design approval must (7) Produced in any other manner ap- comply with the applicable continued proved by the FAA.

airworthiness and safety improvement (b) Except as provided in paragraphs requirements of part 26 of this sub- (a)(1) through (a)(2) of this section, a chapter. person who produces a replacement or 14 CFR Ch. I (1–1–25 Edition) § 21.11 modification article for sale may not characteristics, and the proposed en- represent that part as suitable for in- gine operating limitations.

stallation on a type-certificated prod- [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as uct.

amended by Amdt. 21–40, 39 FR 35459, Oct. 1, (c) Except as provided in paragraphs 1974; Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; Amdt. 21–92, 74 FR 53385, Oct. 16, 2009; Doc.

(a)(1) through (a)(2) of this section, a No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, person may not sell or represent an ar- Mar. 5, 2018] ticle as suitable for installation on an aircraft type-certificated under § 21.16 Special conditions.

§§ 21.25(a)(2) or 21.27 unless that arti- If the FAA finds that the airworthi- cle— ness regulations of this subchapter do (1) Was declared surplus by the U.S.

not contain adequate or appropriate Armed Forces, and safety standards for an aircraft, air- (2) Was intended for use on that air- craft engine, or propeller because of a craft model by the U.S. Armed Forces.

novel or unusual design feature of the aircraft, aircraft engine or propeller, [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR he prescribes special conditions and 53385, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095, amendments thereto for the product.

Mar. 1, 2010; Doc. No. FAA–2015–1621, Amdt.

The special conditions are issued in ac- 21–100, 81 FR 96688, Dec. 30, 2016] cordance with Part 11 of this chapter and contain such safety standards for Subpart B—Type Certificates the aircraft, aircraft engine or pro- peller as the FAA finds necessary to es- S OURCE : Docket No. 5085, 29 FR 14564, Oct.

tablish a level of safety equivalent to 24, 1964, unless otherwise noted.

that established in the regulations.

[Amdt. 21–19, 32 FR 17851, Dec. 13, 1967, as § 21.11 Applicability.

amended by Amdt. 21–51, 45 FR 60170, Sept.

This subpart prescribes— 11, 1980] (a) Procedural requirements for the § 21.17 Designation of applicable regu- issue of type certificates for aircraft, lations.

aircraft engines, and propellers; and (a) Except as provided in §§ 25.2, 27.2, (b) Rules governing the holders of and 29.2 of this subchapter, and in parts those certificates.

26, 34, 36, and 38 of this subchapter, an § 21.13 Eligibility. applicant for a type certificate must show that the aircraft, aircraft engine, Any interested person may apply for or propeller concerned meets— a type certificate.

(1) The applicable requirements of [Amdt. 21–25, 34 FR 14068, Sept. 5, 1969] this subchapter that are effective on the date of application for that certifi- § 21.15 Application for type certificate.

cate unless— (i) Otherwise specified by the FAA; or (a) An application for a type certifi- (ii) Compliance with later effective cate is made on a form and in a manner amendments is elected or required prescribed by the FAA.

under this section; and (b) An application for an aircraft (2) Any special conditions prescribed type certificate must be accompanied by the FAA.

by a three-view drawing of that air- (b) For special classes of aircraft, in- craft and available preliminary basic cluding the engines and propellers in- data.

stalled thereon (e.g., gliders, airships, (c) An application for an aircraft en- and other nonconventional aircraft), gine type certificate must be accom- for which airworthiness standards have panied by a description of the engine not been issued under this subchapter, design features, the engine operating 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 Federal Aviation Administration, DOT § 21.21 applicable to a specific type design, or (2) The noise standards of part 36 ap- such airworthiness criteria as the FAA plicable to primary category aircraft.

may find provide an equivalent level of [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as safety to those parts.

amended by Amdt. 21–19, 32 FR 17851, Dec. 13, (c) An application for type certifi- 1967; Amdt. 21–24, 34 FR 364, Jan. 10, 1969; Amdt. 21–42, 40 FR 1033, Jan. 6, 1975; Amdt.

cation of a transport category aircraft 21–58, 50 FR 46877, Nov. 13, 1985; Amdt. 21–60, is effective for 5 years and an applica- 52 FR 8042, Mar. 13, 1987; Amdt. 21–68, 55 FR tion for any other type certificate is ef- 32860, Aug. 10, 1990; Amdt. 21–69, 56 FR 41051, fective for 3 years, unless an applicant Aug. 16, 1991; Amdt. 21–70, 57 FR 41367, Sept.

shows at the time of application that 9, 1992; Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR his product requires a longer period of 96688, Dec. 30, 2016; Amdt. No. 21–107, 89 FR time for design, development, and test- 12653, Feb. 16, 2024] ing, and the FAA approves a longer pe- riod.

§ 21.19 Changes requiring a new type (d) In a case where a type certificate certificate.

has not been issued, or it is clear that Each person who proposes to change a type certificate will not be issued, a product must apply for a new type within the time limit established under certificate if the FAA finds that the paragraph (c) of this section, the appli- proposed change in design, power, cant may— thrust, or weight is so extensive that a (1) File a new application for a type substantially complete investigation of compliance with the applicable regula- certificate and comply with all the pro- tions is required.

visions of paragraph (a) of this section applicable to an original application; [Doc. No. 28903, 65 FR 36265, June 7, 2000] or § 21.20 Compliance with applicable re- (2) File for an extension of the origi- quirements.

nal application and comply with the applicable airworthiness requirements The applicant for a type certificate, including an amended or supplemental of this subchapter that were effective type certificate, must— on a date, to be selected by the appli- (a) Show compliance with all applica- cant, not earlier than the date which ble requirements and must provide the precedes the date of issue of the type FAA the means by which such compli- certificate by the time limit estab- ance has been shown; and lished under paragraph (c) of this sec- (b) Provide a statement certifying tion for the original application.

that the applicant has complied with (e) If an applicant elects to comply the applicable requirements.

with an amendment to this subchapter [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR that is effective after the filing of the 53385, Oct. 16, 2009] application for a type certificate, he must also comply with any other § 21.21 Issue of type certificate: nor- amendment that the FAA finds is di- mal, utility, acrobatic, commuter, rectly related.

and transport category aircraft; manned free balloons; special class- (f) For primary category aircraft, the es of aircraft; aircraft engines; pro- requirements are: pellers.

(1) The applicable airworthiness re- An applicant is entitled to a type cer- quirements contained in parts 23, 27, 31, tificate for an aircraft in the normal, 33, and 35 of this subchapter, or such utility, acrobatic, commuter, or trans- other airworthiness criteria as the port category, or for a manned free bal- FAA may find appropriate and applica- loon, special class of aircraft, or an air- ble to the specific design and intended craft engine or propeller, if— use and provide a level of safety ac- (a) The product qualifies under § 21.27; ceptable to the FAA.

or (b) The applicant submits the type design, test reports, and computations necessary to show that the product to be certificated meets the applicable 14 CFR Ch. I (1–1–25 Edition) § 21.23 airworthiness, aircraft noise, fuel vent- with the applicable airworthiness re- ing, exhaust emission, and fuel effi- quirements; the applicant has con- ciency requirements of this subchapter ducted appropriate flight, structural, and any special conditions prescribed propulsion, and systems tests nec- by the FAA, and the FAA finds— essary to show that the aircraft, its (1) Upon examination of the type de- components, and its equipment are re- sign, and after completing all tests and liable and function properly; the type inspections, that the type design and design complies with the airworthiness the product meet the applicable noise, standards and noise requirements es- fuel venting, emissions, and fuel effi- tablished for the aircraft under ciency requirements of this subchapter, § 21.17(f); and no feature or char- and further finds that they meet the acteristic makes it unsafe for its in- applicable airworthiness requirements tended use; of this subchapter or that any air- (ii) The flight manual required by worthiness provisions not complied § 21.5(b), including any information re- with are compensated for by factors quired to be furnished by the applicable that provide an equivalent level of airworthiness standards; safety; and (iii) Instructions for continued air- (2) For an aircraft, that no feature or worthiness in accordance with characteristic makes it unsafe for the § 21.50(b); and category in which certification is re- (iv) A report that: summarizes how quested.

compliance with each provision of the type certification basis was deter- [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–15, 32 FR 3735, Mar. 4, mined; lists the specific documents in 1967; Amdt. 21–27, 34 FR 18368, Nov. 18, 1969; which the type certification data infor- Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt.

mation is provided; lists all necessary 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, drawings and documents used to define 74 FR 53385, Oct. 16, 2009; Amdt. No. 21–107, 89 the type design; and lists all the engi- FR 12653, Feb. 16, 2024] neering reports on tests and computa- tions that the applicant must retain § 21.23 [Reserved] and make available under § 21.49 to sub- § 21.24 Issuance of type certificate: pri- stantiate compliance with the applica- mary category aircraft.

ble airworthiness standards.

(3) The FAA finds that— (a) The applicant is entitled to a type (i) The aircraft complies with those certificate for an aircraft in the pri- applicable airworthiness requirements mary category if— approved under § 21.17(f) of this part; (1) The aircraft— and (i) Is unpowered; is an airplane pow- (ii) The aircraft has no feature or ered by a single, naturally aspirated characteristic that makes it unsafe for engine with a 61-knot or less V stall so its intended use.

speed as determined under part 23 of (b) An applicant may include a spe- this chapter; or is a rotorcraft with a 6- cial inspection and preventive mainte- pound per square foot main rotor disc nance program as part of the aircraft’s loading limitation, under sea level type design or supplemental type de- standard day conditions; sign.

(ii) Weighs not more than 2,700 (c) For aircraft manufactured outside pounds; or, for seaplanes, not more of the United States in a country with than 3,375 pounds; which the United States has a bilateral (iii) Has a maximum seating capacity airworthiness agreement for the ac- of not more than four persons, includ- ceptance of these aircraft, and from ing the pilot; and (iv) Has an unpressurized cabin. which the aircraft is to be imported (2) The applicant has submitted— into the United States— (i) Except as provided by paragraph (1) The statement required by para- (c) of this section, a statement, in a graph (a)(2)(i) of this section must be form and manner acceptable to the made by the civil airworthiness au- FAA, certifying that: the applicant has thority of the exporting country; and completed the engineering analysis (2) The required manuals, placards, necessary to demonstrate compliance listings, instrument markings, and Federal Aviation Administration, DOT § 21.27 documents required by paragraphs (a) muter, or transport category that was and (b) of this section must be sub- designed and constructed in the United mitted in English. States, accepted for operational use, and declared surplus by, an Armed [Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as Force of the United States, and that is amended by Amdt. 21–75, 62 FR 62808, Nov. 25, 1997; Doc. No. FAA–2015–1621, Amdt. 21–100, 81 shown to comply with the applicable FR 96689, Dec. 30, 2016] certification requirements in para- graph (f) of this section.

§ 21.25 Issue of type certificate: Re- (b) An applicant is entitled to a type stricted category aircraft.

certificate for a surplus aircraft of the (a) An applicant is entitled to a type Armed Forces of the United States certificate for an aircraft in the re- that is a counterpart of a previously stricted category for special purpose type certificated civil aircraft, if he operations if he shows compliance with shows compliance with the regulations the applicable noise requirements of governing the original civil aircraft Part 36 of this chapter, and if he shows type certificate.

that no feature or characteristic of the (c) Aircraft engines, propellers, and aircraft makes it unsafe when it is op- their related accessories installed in erated under the limitations prescribed surplus Armed Forces aircraft, for for its intended use, and that the air- which a type certificate is sought craft— under this section, will be approved for (1) Meets the airworthiness require- use on those aircraft if the applicant ments of an aircraft category except shows that on the basis of the previous those requirements that the FAA finds military qualifications, acceptance, inappropriate for the special purpose and service record, the product pro- for which the aircraft is to be used; or vides substantially the same level of (2) Is of a type that has been manu- airworthiness as would be provided if factured in accordance with the re- the engines or propellers were type cer- quirements of and accepted for use by, tificated under Part 33 or 35 of this sub- an Armed Force of the United States chapter.

and has been later modified for a spe- (d) The FAA may relieve an applicant cial purpose.

from strict compliance with a specific (b) For the purposes of this section, provision of the applicable require- ‘‘special purpose operations’’ includes— ments in paragraph (f) of this section, (1) Agricultural (spraying, dusting, if the FAA finds that the method of and seeding, and livestock and preda- compliance proposed by the applicant tory animal control); provides substantially the same level (2) Forest and wildlife conservation; of airworthiness and that strict com- (3) Aerial surveying (photography, pliance with those regulations would mapping, and oil and mineral explo- impose a severe burden on the appli- ration); cant. The FAA may use experience (4) Patrolling (pipelines, power lines, that was satisfactory to an Armed and canals); Force of the United States in making (5) Weather control (cloud seeding); such a determination.

(6) Aerial advertising (skywriting, banner towing, airborne signs and pub- (e) The FAA may require an appli- lic address systems); and cant to comply with special conditions (7) Any other operation specified by and later requirements than those in the FAA. paragraphs (c) and (f) of this section, if the FAA finds that compliance with [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as the listed regulations would not ensure amended by Amdt. 21–42, 40 FR 1033, Jan. 6, an adequate level of airworthiness for 1975] the aircraft.

§ 21.27 Issue of type certificate: sur- (f) Except as provided in paragraphs plus aircraft of the Armed Forces.

(b) through (e) of this section, an appli- (a) Except as provided in paragraph cant for a type certificate under this (b) of this section an applicant is enti- section must comply with the appro- tled to a type certificate for an aircraft priate regulations listed in the fol- in the normal, utility, acrobatic, com- lowing table: 14 CFR Ch. I (1–1–25 Edition) § 21.29 Date accepted for operational use Type of aircraft by the Armed Forces Regulations that apply of the United States Small reciprocating-engine powered airplanes Before May 16, 1956 ...................... CAR Part 3, as effective May 15, 1956.

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

Small turbine engine-powered airplanes .......... Before Oct. 2, 1959 ......................... CAR Part 3, as effective Oct. 1, 1959.

After 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)..

Large reciprocating-engine powered airplanes Before Aug. 26, 1955 ...................... CAR Part 4b, as effective Aug. 25, 1955.

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

Large turbine engine-powered airplanes ......... Before Oct. 2, 1959 ......................... CAR Part 4b, as effective Oct. 1, 1959.

After 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 ......................... CAR Part 6, as effective Oct. 1, 1959.

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

Over 6,000 pounds ................................... Before Oct. 2, 1959 ......................... CAR Part 7, as effective Oct. 1, 1959.

After 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] requirements of this subchapter as des- § 21.29 Issue of type certificate: import products. ignated in § 21.17; (2) The applicant has provided tech- (a) The FAA may issue a type certifi- nical data to show the product meets cate for a product that is manufactured the requirements of paragraph (a)(1) of in a foreign country or jurisdiction this section; and with which the United States has an (3) The manuals, placards, listings, agreement for the acceptance of these and instrument markings required by products for export and import and the applicable airworthiness (and that is to be imported into the United noise, where applicable) requirements States if— are presented in the English language.

(1) The applicable State of Design (b) A product type certificated under certifies that the product has been ex- this section is determined to be com- amined, tested, and found to meet— pliant with the fuel venting and ex- (i) The applicable aircraft noise, fuel haust emission standards of part 34 of venting, exhaust emissions, and fuel ef- this subchapter, the noise standards of ficiency requirements of this sub- part 36 of this subchapter, and the fuel chapter as designated in § 21.17, or the efficiency requirements of part 38 of applicable aircraft noise, fuel venting, this subchapter. Compliance with parts exhaust emissions, and fuel efficiency 34, 36, and 38 of this subchapter is cer- requirements of the State of Design, tified under paragraph (a)(1)(i) of this and any other requirements the FAA section, and the applicable airworthi- may prescribe to provide noise, fuel ness standards of this subchapter, or an venting, exhaust emission, and fuel ef- equivalent level of safety, with which ficiency levels no greater than those compliance is certified under para- provided by the applicable aircraft graph (a)(1)(ii) of this section.

noise, fuel venting, exhaust emissions, [Amdt. 21–92, 74 FR 53386, Oct. 16, 2009, as and fuel efficiency requirements of this amended by Amdt. No. 21–107, 89 FR 12653, subchapter as designated in § 21.17; and Feb. 16, 2024] (ii) The applicable airworthiness re- § 21.31 Type design.

quirements of this subchapter as des- ignated in § 21.17, or the applicable air- The type design consists of— worthiness requirements of the State (a) The drawings and specifications, of Design and any other requirements and a listing of those drawings and the FAA may prescribe to provide a specifications, necessary to define the level of safety equivalent to that pro- configuration and the design features vided by the applicable airworthiness of the product shown to comply with Federal Aviation Administration, DOT § 21.35 the requirements of that part of this (b) Each applicant must make all in- subchapter applicable to the product; spections and tests necessary to deter- mine— (b) Information on dimensions, mate- rials, and processes necessary to define (1) Compliance with the applicable airworthiness, aircraft noise, fuel vent- the structural strength of the product; ing, and exhaust emission require- (c) The Airworthiness Limitations ments; section of the Instructions for Contin- (2) That materials and products con- ued Airworthiness as required by parts form to the specifications in the type 23, 25, 26, 27, 29, 31, 33 and 35 of this sub- design; chapter, or as otherwise required by (3) That parts of the products con- the FAA; and as specified in the appli- form to the drawings in the type de- cable airworthiness criteria for special sign; and classes of aircraft defined in § 21.17(b); (4) That the manufacturing proc- and esses, construction and assembly con- (d) For primary category aircraft, if form to those specified in the type de- desired, a special inspection and pre- sign.

ventive maintenance program designed to be accomplished by an appropriately [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as rated and trained pilot-owner. amended by Amdt. 21–17, 32 FR 14926, Oct. 28, 1967; Amdt. 21–27, 34 FR 18363, Nov. 18, 1969; (e) Any other data necessary to Amdt. 21–44, 41 FR 55463, Dec. 20, 1976; Amdt.

allow, by comparison, the determina- 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–68, tion of the airworthiness, noise charac- 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, 74 FR teristics, fuel efficiency, fuel venting, 53386, Oct. 16, 2009] and exhaust emissions (where applica- ble) of later products of the same type. § 21.35 Flight tests.

(a) Each applicant for an aircraft [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–27, 34 FR 18363, Nov. 18, type certificate (other than under 1969; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; §§ 21.24 through 21.29) must make the Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt.

tests listed in paragraph (b) of this sec- 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–70, tion. Before making the tests the appli- 57 FR 41368, Sept. 9, 1992; Amdt. 21–90, 72 FR cant must show— 63404, Nov. 8, 2007; Amdt. No. 21–107, 89 FR (1) Compliance with the applicable 12653, Feb. 16, 2024] structural requirements of this sub- chapter; § 21.33 Inspection and tests.

(2) Completion of necessary ground (a) Each applicant must allow the inspections and tests; FAA to make any inspection and any (3) That the aircraft conforms with flight and ground test necessary to de- the type design; and termine compliance with the applica- (4) That the FAA received a flight ble requirements of this subchapter.

test report from the applicant (signed, However, unless otherwise authorized in the case of aircraft to be certificated by the FAA— under Part 25 [New] of this chapter, by (1) No aircraft, aircraft engine, pro- the applicant’s test pilot) containing peller, or part thereof may be pre- the results of his tests.

sented to the FAA for test unless com- (b) Upon showing compliance with pliance with paragraphs (b)(2) through paragraph (a) of this section, the appli- (b)(4) of this section has been shown for cant must make all flight tests that that aircraft, aircraft engine, propeller, the FAA finds necessary— or part thereof; and (1) To determine compliance with the (2) No change may be made to an air- applicable requirements of this sub- craft, aircraft engine, propeller, or part chapter; and thereof between the time that compli- (2) For aircraft to be certificated ance with paragraphs (b)(2) through under this subchapter, except gliders (b)(4) of this section is shown for that and low-speed, certification level 1 or 2 aircraft, aircraft engine, propeller, or airplanes, as defined in part 23 of this part thereof and the time that it is pre- chapter, to determine whether there is sented to the FAA for test. reasonable assurance that the aircraft, 14 CFR Ch. I (1–1–25 Edition) § 21.37 its components, and its equipment are priate pilot certificate to make the reliable and function properly. flight tests required by this part.

(c) Each applicant must, if prac- [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as ticable, make the tests prescribed in amended by Amdt. 21–59, 52 FR 1835, Jan. 15, paragraph (b)(2) of this section upon 1987] the aircraft that was used to show § 21.39 Flight test instrument calibra- compliance with— tion and correction report.

(1) Paragraph (b)(1) of this section; (a) Each applicant for a normal, util- and ity, acrobatic, commuter, or transport (2) For rotorcraft, the rotor drive en- category aircraft type certificate must durance tests prescribed in § 27.923 or submit a report to the FAA showing § 29.923 of this chapter, as applicable.

the computations and tests required in (d) Each applicant must show for connection with the calibration of in- each flight test (except in a glider or a struments used for test purposes and in manned free balloon) that adequate the correction of test results to stand- provision is made for the flight test ard atmospheric conditions.

crew for emergency egress and the use (b) Each applicant must allow the of parachutes.

FAA to conduct any flight tests that (e) Except in gliders and manned free he finds necessary to check the accu- racy of the report submitted under balloons, an applicant must dis- paragraph (a) of this section.

continue flight tests under this section until he shows that corrective action [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as has been taken, whenever— amended by Amdt. 21–59, 52 FR 1835, Jan. 15, 1987] (1) The applicant’s test pilot is un- able or unwilling to make any of the § 21.41 Type certificate.

required flight tests; or Each type certificate is considered to (2) Items of noncompliance with re- include the type design, the operating quirements are found that may make limitations, the certificate data sheet, additional test data meaningless or the applicable regulations of this sub- that would make further testing un- chapter with which the FAA records duly hazardous.

compliance, and any other conditions (f) The flight tests prescribed in para- or limitations prescribed for the prod- graph (b)(2) of this section must in- uct in this subchapter.

clude— (1) For aircraft incorporating turbine § 21.43 Location of manufacturing fa- cilities.

engines of a type not previously used in a type certificated aircraft, at least 300 Except as provided in § 21.29, the FAA hours of operation with a full com- does not issue a type certificate if the manufacturing facilities for the prod- plement of engines that conform to a uct are located outside of the United type certificate; and States, unless the FAA finds that the (2) For all other aircraft, at least 150 location of the manufacturer’s facili- hours of operation.

ties places no undue burden on the [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as FAA in administering applicable air- amended by Amdt. 21–40, 39 FR 35459, Oct. 1, worthiness requirements.

1974; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; Amdt.

§ 21.45 Privileges.

21–95, 76 FR 64233, Oct. 18, 2011; Doc. No.

The holder or licensee of a type cer- FAA–2015–1621, Amdt. 21–100, 81 FR 96689, tificate for a product may— Dec. 30, 2016] (a) In the case of aircraft, upon com- pliance with §§ 21.173 through 21.189, ob- § 21.37 Flight test pilot.

tain airworthiness certificates; Each applicant for a normal, utility, (b) In the case of aircraft engines or acrobatic, commuter, or transport cat- propellers, obtain approval for installa- egory aircraft type certificate must tion on certificated aircraft; provide a person holding an appro- (c) In the case of any product, upon compliance with subpart G of this part, Federal Aviation Administration, DOT § 21.50 obtain a production certificate for the or the National Transportation Safety type certificated product; Board.

(d) Obtain approval of replacement [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as parts for that product.

amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967] [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–92, 74 FR 53386, Oct. 16, § 21.50 Instructions for continued air- 2009] worthiness and manufacturer’s maintenance manuals having air- § 21.47 Transferability.

worthiness limitations sections.

(a) A holder of a type certificate may (a) The holder of a type certificate transfer it or make it available to for a rotorcraft for which a Rotorcraft other persons by licensing agreements.

Maintenance Manual containing an (b) For a type certificate transfer in ‘‘Airworthiness Limitations’’ section which the State of Design will remain has been issued under § 27.1529 (a)(2) or § 29.1529 (a)(2) of this chapter, and who the same, each transferor must, before obtains approval of changes to any re- such a transfer, notify the FAA in writ- placement time, inspection interval, or ing. This notification must include the related procedure in that section of the applicable type certificate number, the manual, must make those changes name and address of the transferee, and available upon request to any operator the anticipated date of the transfer.

of the same type of rotorcraft.

(c) For a type certificate transfer in (b) The holder of a design approval, which the State of Design is changing, including either a type certificate or a type certificate may only be trans- supplemental type certificate for an ferred to or from a person subject to aircraft, aircraft engine, or propeller the authority of another State of De- for which application was made after sign if the United States has an agree- January 28, 1981, must furnish at least ment with that State of Design for the one set of complete Instructions for acceptance of the affected product for Continued Airworthiness to the owner export and import. Each transferor of each type aircraft, aircraft engine, must notify the FAA before such a or propeller upon its delivery, or upon transfer in a form and manner accept- issuance of the first standard air- able to the FAA. This notification worthiness certificate for the affected must include the applicable type cer- aircraft, whichever occurs later. The tificate number; the name, address, and Instructions for Continued Airworthi- country of residence of the transferee; ness must be prepared in accordance and the anticipated date of the trans- with §§ 23.1529, 25.1529, 25.1729, 27.1529, fer.

29.1529, 31.82, 33.4, 35.4, or part 26 of this (d) Before executing or terminating a subchapter, or as specified in the appli- licensing agreement that makes a type cable airworthiness criteria for special certificate available to another person, classes of aircraft defined in § 21.17(b), the type certificate holder must notify as applicable. If the holder of a design approval chooses to designate parts as the FAA in writing. This notification commercial, it must include in the In- must include the type certificate num- structions for Continued Airworthiness ber addressed by the licensing agree- a list of commercial parts submitted in ment, the name and address of the li- accordance with the provisions of para- censee, the extent of authority granted graph (c) of this section. Thereafter, the licensee, and the anticipated date the holder of a design approval must of the agreement.

make those instructions available to [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR any other person required by this chap- 53386, Oct. 16, 2009; Doc. No. FAA–2018–0119, ter to comply with any of the terms of Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] those instructions. In addition, changes to the Instructions for Contin- § 21.49 Availability.

ued Airworthiness shall be made avail- The holder of a type certificate must able to any person required by this make the certificate available for ex- chapter to comply with any of those in- amination upon the request of the FAA structions.

14 CFR Ch. I (1–1–25 Edition) § 21.51 (c) To designate commercial parts, chapter and provide that person with a the holder of a design approval, in a written licensing agreement acceptable manner acceptable to the FAA, must to the FAA.

submit: [Docket No. FAA–2021–0419, Amdt. No. 21–108, (1) A Commercial Parts List; 89 FR 33108, Apr. 26, 2024] (2) Data for each part on the List showing that: Subpart C—Provisional Type (i) The failure of the commercial Certificates part, as installed in the product, would not degrade the level of safety of the S OURCE : Docket No. 5085, 29 FR 14566, Oct.

product; and 24, 1964, unless otherwise noted.

(ii) The part is produced only under the commercial part manufacturer’s § 21.71 Applicability.

specification and marked only with the This subpart prescribes— commercial part manufacturer’s mark- (a) Procedural requirements for the ings; and issue of provisional type certificates, (3) Any other data necessary for the amendments to provisional type cer- FAA to approve the List.

tificates, and provisional amendments [Amdt. 21–23, 33 FR 14105, Sept. 18, 1968, as to type certificates; and amended by Amdt. 21–51, 45 FR 60170, Sept.

(b) Rules governing the holders of 11, 1980; Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; those certificates.

Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; Amdt.

21–92, 74 FR 53386, Oct. 16, 2009; Doc. No.

§ 21.73 Eligibility.

FAA–2015–1621, Amdt. 21–100, 81 FR 96689, Dec. 30, 2016] (a) Any manufacturer of aircraft manufactured within the United States § 21.51 Duration.

who is a United States citizen may A type certificate is effective until apply for Class I or Class II provisional surrendered, suspended, revoked, or a type certificates, for amendments to termination date is otherwise estab- provisional type certificates held by lished by the FAA.

him, and for provisional amendments to type certificates held by him.

§ 21.53 Statement of conformity.

(b) Any manufacturer of aircraft in a (a) Each applicant must provide, in a State of Manufacture subject to the form and manner acceptable to the provisions of an agreement with the FAA, a statement that each aircraft United States for the acceptance of engine or propeller presented for type those aircraft for export and import certification conforms to its type de- may apply for a Class II provisional sign. type certificate, for amendments to (b) Each applicant must submit a provisional type certificates held by statement of conformity to the FAA him, and for provisional amendments for each aircraft or part thereof pre- to type certificates held by him.

sented to the FAA for tests. This state- (c) An aircraft engine manufacturer ment of conformity must include a who is a United States citizen and who statement that the applicant has com- has altered a type certificated aircraft plied with § 21.33(a) (unless otherwise by installing different type certificated authorized under that paragraph). aircraft engines manufactured by him within the United States may apply for [Amdt. 21–17, 32 FR 14926, Oct. 28, 1967, as a Class I provisional type certificate amended by Amdt. 21–92, 74 FR 53386, Oct. 16, for the aircraft, and for amendments to 2009] Class I provisional type certificates § 21.55 Responsibilities of type certifi- held by him, if the basic aircraft, be- cate holders who license the type fore alteration, was type certificated in certificate.

the normal, utility, acrobatic, com- muter, or transport category.

A type certificate holder who allows a person to use the type certificate to [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as manufacture a new aircraft, aircraft amended by Amdt. 21–12, 31 FR 13380, Oct. 15, engine, or propeller must meet the ap- 1966; Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; plicable requirements of part 5 of this Amdt. 21–92, 74 FR 53387, Oct. 16, 2009] Federal Aviation Administration, DOT § 21.83 (1) The aircraft has been designed and § 21.75 Application.

constructed in accordance with the air- Each applicant for a provisional type worthiness requirements applicable to certificate, for an amendment thereto, the issue of the type or supplemental or for a provisional amendment to a type certificate applied for; type certificate must apply to the FAA (2) The aircraft substantially meets and provide the information required the applicable flight characteristic re- by this subpart.

quirements for the type or supple- [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR mental type certificate applied for; and 53387, Oct. 16, 2009; Doc. No. FAA–2018–0119, (3) The aircraft can be operated safe- Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] ly under the appropriate operating lim- itations specified in paragraph (a) of § 21.77 Duration.

this section.

(a) Unless sooner surrendered, super- (d) The applicant must submit a re- seded, revoked, or otherwise termi- port showing that the aircraft had been nated, provisional type certificates and flown in all maneuvers necessary to amendments thereto are effective for show compliance with the flight re- the periods specified in this section. quirements for the issue of the type or supplemental type certificate applied (b) A Class I provisional type certifi- for, and to establish that the aircraft cate is effective for 24 months after the can be operated safely in accordance date of issue.

with the limitations contained in this (c) A Class II provisional type certifi- subchapter.

cate is effective for twelve months (e) The applicant must establish all after the date of issue.

limitations required for the issue of the (d) An amendment to a Class I or type or supplemental type certificate Class II provisional type certificate is applied for, including limitations on effective for the duration of the amend- weights, speeds, flight maneuvers, ed certificate.

loading, and operation of controls and (e) A provisional amendment to a equipment unless, for each limitation type certificate is effective for six not so established, appropriate oper- months after its approval or until the ating restrictions are established for amendment of the type certificate is the aircraft.

approved, whichever is first.

(f) The applicant must establish an [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as inspection and maintenance program amended by Amdt. 21–7, 30 FR 14311, Nov. 16, for the continued airworthiness of the 1965] aircraft.

(g) The applicant must show that a § 21.79 Transferability.

prototype aircraft has been flown for at Provisional type certificates are not least 50 hours under an experimental transferable. certificate issued under §§ 21.191 through 21.195, or under the auspices of § 21.81 Requirements for issue and an Armed Force of the United States.

amendment of Class I provisional However, in the case of an amendment type certificates.

to a provisional type certificate, the (a) An applicant is entitled to the FAA may reduce the number of re- issue or amendment of a Class I provi- quired flight hours.

sional type certificate if he shows com- [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as pliance with this section and the FAA amended by Amdt. 21–66, 54 FR 34329, Aug. 18, finds that there is no feature, char- 1989] acteristic, or condition that would make the aircraft unsafe when oper- § 21.83 Requirements for issue and amendment of Class II provisional ated in accordance with the limitations type certificates.

established in paragraph (e) of this sec- tion and in § 91.317 of this chapter.

(a) An applicant who manufactures (b) The applicant must apply for the aircraft within the United States is en- issue of a type or supplemental type titled to the issue or amendment of a certificate for the aircraft.

Class II provisional type certificate if (c) The applicant must certify that— he shows compliance with this section 14 CFR Ch. I (1–1–25 Edition) § 21.85 and the FAA finds that there is no fea- certificate and to establish that the ture, characteristic, or condition that aircraft can be operated safely in ac- would make the aircraft unsafe when cordance with the limitations in this operated in accordance with the limi- subchapter.

tations in paragraph (h) of this section, (h) The applicant must prepare a pro- and §§ 91.317 and 121.207 of this chapter.

visional aircraft flight manual con- (b) An applicant who manufactures taining all limitations required for the aircraft in a country with which the issue of the type certificate applied for, United States has an agreement for the including limitations on weights, acceptance of those aircraft for export speeds, flight maneuvers, loading, and and import is entitled to the issue or operation of controls and equipment amendment of a Class II provisional unless, for each limitation not so es- type certificate if the country in which tablished, appropriate operating re- the aircraft was manufactured certifies strictions are established for the air- that the applicant has shown compli- craft.

ance with this section, that the air- (i) The applicant must establish an craft meets the requirements of para- inspection and maintenance program graph (f) of this section and that there for the continued airworthiness of the is no feature, characteristic, or condi- aircraft.

tion that would make the aircraft un- (j) The applicant must show that a safe when operated in accordance with prototype aircraft has been flown for at the limitations in paragraph (h) of this least 100 hours. In the case of an section and §§ 91.317 and 121.207 of this amendment to a provisional type cer- chapter.

tificate, the FAA may reduce the num- (c) The applicant must apply for a ber of required flight hours.

type certificate, in the transport cat- egory, for the aircraft. [Amdt. 21–12, 31 FR 13386, Oct. 15, 1966, as amended by Amdt. 21–66, 54 FR 34329, Aug. 18, (d) The applicant must hold a U.S.

1989] type certificate for at least one other aircraft in the same transport category § 21.85 Provisional amendments to as the subject aircraft.

type certificates.

(e) The FAA’s official flight test pro- (a) An applicant who manufactures gram or the flight test program con- aircraft within the United States is en- ducted by the authorities of the coun- titled to a provisional amendment to a try in which the aircraft was manufac- type certificate if he shows compliance tured, with respect to the issue of a with this section and the FAA finds type certificate for that aircraft, must that there is no feature, characteristic, be in progress.

or condition that would make the air- (f) The applicant or, in the case of a craft unsafe when operated under the foreign manufactured aircraft, the appropriate limitations contained in country in which the aircraft was man- this subchapter.

ufactured, must certify that— (1) The aircraft has been designed and (b) An applicant who manufactures constructed in accordance with the air- aircraft in a foreign country with worthiness requirements applicable to which the United States has an agree- the issue of the type certificate applied ment for the acceptance of those air- for; craft for export and import is entitled (2) The aircraft substantially com- to a provisional amendment to a type plies with the applicable flight char- certificate if the country in which the acteristic requirements for the type aircraft was manufactured certifies certificate applied for; and that the applicant has shown compli- (3) The aircraft can be operated safe- ance with this section, that the air- ly under the appropriate operating lim- craft meets the requirements of para- itations in this subchapter. graph (e) of this section and that there (g) The applicant must submit a re- is no feature, characteristic, or condi- port showing that the aircraft has been tion that would make the aircraft un- flown in all maneuvers necessary to safe when operated under the appro- show compliance with the flight re- priate limitations contained in this quirements for the issue of the type subchapter.

Federal Aviation Administration, DOT § 21.93 (c) The applicant must apply for an the type certificate for the number of amendment to the type certificate. hours found necessary by the FAA.

(d) The FAA’s official flight test pro- [Amdt. 21–12, 31 FR 13388, Oct. 15, 1966, as gram or the flight test program con- amended by Amdt. 21–66, 54 FR 34329, Aug. 18, ducted by the authorities of the coun- 1989] try in which the aircraft was manufac- tured, with respect to the amendment Subpart D—Changes to Type of the type certificate, must be in Certificates progress.

(e) The applicant or, in the case of S OURCE : Docket No. 5085, 29 FR 14567, Oct.

foreign manufactured aircraft, the 24, 1964, unless otherwise noted.

country in which the aircraft was man- § 21.91 Applicability.

ufactured, must certify that— (1) The modification involved in the This subpart prescribes procedural amendment to the type certificate has requirements for the approval of been designed and constructed in ac- changes to type certificates.

cordance with the airworthiness re- § 21.93 Classification of changes in quirements applicable to the issue of type design.

the type certificate for the aircraft; (a) In addition to changes in type de- (2) The aircraft substantially com- sign specified in paragraph (b) of this plies with the applicable flight char- section, changes in type design are acteristic requirements for the type classified as minor and major. A certificate; and ‘‘minor change’’ is one that has no ap- (3) The aircraft can be operated safe- preciable effect on the weight, balance, ly under the appropriate operating lim- structural strength, reliability, oper- itations in this subchapter.

ational characteristics, or other char- (f) The applicant must submit a re- acteristics affecting the airworthiness port showing that the aircraft incor- of the product. All other changes are porating the modifications involved ‘‘major changes’’ (except as provided in has been flown in all maneuvers nec- paragraph (b) of this section).

essary to show compliance with the (b) For the purpose of complying flight requirements applicable to those with Part 36 of this chapter, and except modifications and to establish that the as provided in paragraphs (b)(2), (b)(3), aircraft can be operated safely in ac- and (b)(4) of this section, any voluntary cordance with the limitations specified change in the type design of an aircraft in §§ 91.317 and 121.207 of this chapter.

that may increase the noise levels of (g) The applicant must establish and that aircraft is an ‘‘acoustical change’’ (in addition to being a minor or major publish, in a provisional aircraft flight change as classified in paragraph (a) of manual or other document and on ap- this section) for the following aircraft: propriate placards, all limitations re- (1) Transport category large air- quired for the issue of the type certifi- planes.

cate applied for, including weight, (2) Jet (Turbojet powered) airplanes speed, flight maneuvers, loading, and (regardless of category). For airplanes operation of controls and equipment, to which this paragraph applies, unless, for each limitation not so es- ‘‘acoustical changes’’ do not include tablished, appropriate operating re- changes in type design that are limited strictions are established for the air- to one of the following— craft.

(i) Gear down flight with one or more (h) The applicant must establish an retractable landing gear down during inspection and maintenance program the entire flight, or for the continued airworthiness of the (ii) Spare engine and nacelle carriage aircraft.

external to the skin of the airplane (i) The applicant must operate a pro- (and return of the pylon or other exter- totype aircraft modified in accordance nal mount), or with the corresponding amendment to (iii) Time-limited engine and/or na- celle changes, where the change in type 14 CFR Ch. I (1–1–25 Edition) § 21.95 design specifies that the airplane may with external equipment mounted to, not be operated for a period of more or external loads carried by, the heli- than 90 days unless compliance with copter; the applicable acoustical change provi- (C) Reconfiguration of the helicopter sions of Part 36 of this chapter is shown by the addition or removal of floats for that change in type design. and skis; (3) Propeller driven commuter cat- (D) Flight with one or more doors egory and small airplanes in the pri- and/or windows removed or in an open mary, normal, utility, acrobatic, trans- position; or port, and restricted categories, except (E) Any changes in the operational for airplanes that are: limitations placed on the helicopter as (i) Designated for ‘‘agricultural air- a consequence of the addition or re- craft operations’’ (as defined in § 137.3 moval of external equipment, floats, of this chapter, effective January 1, and skis, or flight operations with 1966) to which § 36.1583 of this chapter doors and/or windows removed or in an does not apply, or open position.

(ii) Designated for dispensing fire (5) Tiltrotors.

fighting materials to which § 36.1583 of (c) For purposes of complying with this chapter does not apply, or part 34 of this chapter, any voluntary (iii) U.S. registered, and that had change in the type design of the air- flight time prior to January 1, 1955 or plane or engine which may increase (iv) Land configured aircraft recon- fuel venting or exhaust emissions is an figured with floats or skis. This recon- ‘‘emissions change.’’ figuration does not permit further ex- (d) For the purpose of maintaining ception from the requirements of this compliance with part 38 of this chap- section upon any acoustical change not ter, any voluntary change in the type enumerated in § 21.93(b).

design of an airplane that may increase (4) Helicopters except: the fuel efficiency metric value or the (i) Those helicopters that are des- MTOM of that airplane is a ‘‘fuel effi- ignated exclusively: ciency change’’, in addition to being a (A) For ‘‘agricultural aircraft oper- minor or major change as classified in ations’’, as defined in § 137.3 of this paragraph (a) of this section.

chapter, as effective on January 1, 1966; [Amdt. 21–27, 34 FR 18363, Nov. 18, 1969] (B) For dispensing fire fighting mate- rials; or E DITORIAL N OTE : For F EDERAL R EGISTER ci- (C) For carrying external loads, as tations affecting § 21.93, see the List of CFR defined in § 133.1(b) of this chapter, as Sections Affected, which appears in the Finding Aids section of the printed volume effective on December 20, 1976.

and at www.govinfo.gov.

(ii) Those helicopters modified by in- stallation or removal of external equip- § 21.95 Approval of minor changes in ment. For purposes of this paragraph, type design.

‘‘external equipment’’ means any in- Minor changes in a type design may strument, mechanism, part, apparatus, be approved under a method acceptable appurtenance, or accessory that is at- to the FAA before submitting to the tached to, or extends from, the heli- FAA any substantiating or descriptive copter exterior but is not used nor is data.

intended to be used in operating or controlling a helicopter in flight and is § 21.97 Approval of major changes in not part of an airframe or engine. An type design.

‘‘acoustical change’’ does not include: (a) An applicant for approval of a (A) Addition or removal of external major change in type design must— equipment; (B) Changes in the airframe made to (1) Provide substantiating data and accommodate the addition or removal necessary descriptive data for inclu- of external equipment, to provide for sion in the type design; an external load attaching means, to (2) Show that the change and areas facilitate the use of external equip- affected by the change comply with the ment or external loads, or to facilitate applicable requirements of this sub- the safe operation of the helicopter chapter, and provide the FAA the Federal Aviation Administration, DOT § 21.101 means by which such compliance has date of the application for the change been shown; and and with parts 34, 36, and 38 of this (3) Provide a statement certifying chapter. Exceptions are detailed in that the applicant has complied with paragraphs (b) and (c) of this section.

the applicable requirements.

(b) Except as provided in paragraph (b) Approval of a major change in the (g) of this section, if paragraphs (b)(1), type design of an aircraft engine is lim- (2), or (3) of this section apply, an ap- ited to the specific engine configura- plicant may show that the change and tion upon which the change is made areas affected by the change comply unless the applicant identifies in the with an earlier amendment of a regula- necessary descriptive data for inclu- tion required by paragraph (a) of this sion in the type design the other con- section, and of any other regulation figurations of the same engine type for the FAA finds is directly related. How- which approval is requested and shows ever, the earlier amended regulation that the change is compatible with the may not precede either the cor- other configurations.

responding regulation included by ref- [Amdt. 21–40, 39 FR 35459, Oct. 1, 1974, as erence in the type certificate, or any amended by Amdt. 21–92, 74 FR 53387, Oct. 16, regulation in §§ 25.2, 27.2, or 29.2 of this 2009; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012] chapter that is related to the change.

The applicant may show compliance § 21.99 Required design changes.

with an earlier amendment of a regula- (a) When an Airworthiness Directive tion for any of the following: is issued under Part 39 the holder of (1) A change that the FAA finds not the type certificate for the product to be significant. In determining concerned must— whether a specific change is signifi- (1) If the FAA finds that design cant, the FAA considers the change in changes are necessary to correct the context with all previous relevant de- unsafe condition of the product, and sign changes and all related revisions upon his request, submit appropriate to the applicable regulations incor- design changes for approval; and porated in the type certificate for the (2) Upon approval of the design product. Changes that meet one of the changes, make available the descrip- following criteria are automatically tive data covering the changes to all considered significant: operators of products previously cer- (i) The general configuration or the tificated under the type certificate.

principles of construction are not re- (b) In a case where there are no cur- tained.

rent unsafe conditions, but the FAA or (ii) The assumptions used for certifi- the holder of the type certificate finds cation of the product to be changed do through service experience that not remain valid.

changes in type design will contribute (2) Each area, system, component, to the safety of the product, the holder equipment, or appliance that the FAA of the type certificate may submit ap- finds is not affected by the change.

propriate design changes for approval.

Upon approval of the changes, the man- (3) Each area, system, component, ufacturer must make information on equipment, or appliance that is af- the design changes available to all op- fected by the change, for which the erators of the same type of product. FAA finds that compliance with a reg- ulation described in paragraph (a) of [Doc. No. 5085, 29 FR 14567, Oct. 24, 1964, as this section would not contribute ma- amended by Amdt. 21–3, 30 FR 8826, July 24, terially to the level of safety of the 1965] product or would be impractical.

§ 21.101 Designation of applicable reg- (c) An applicant for a change to an ulations.

aircraft (other than a rotorcraft) of (a) An applicant for a change to a 6,000 pounds or less maximum weight, type certificate must show that the to a non-turbine rotorcraft of 3,000 change and areas affected by the pounds or less maximum weight, to a change comply with the airworthiness level 1 low-speed airplane, or to a level requirements applicable to the cat- 2 low-speed airplane may show that the egory of the product in effect on the change and areas affected by the 14 CFR Ch. I (1–1–25 Edition) § 21.111 change comply with the regulations in- the aircraft in accordance with those cluded in the type certificate. However, sections.

if the FAA finds that the change is sig- (g) Notwithstanding paragraph (b) of nificant in an area, the FAA may des- this section, for transport category air- ignate compliance with an amendment planes, the applicant must show com- to the regulation incorporated by ref- pliance with each applicable provision erence in the type certificate that ap- of part 26 of this chapter, unless the ap- plies to the change and any regulation plicant has elected or was required to that the FAA finds is directly related, comply with a corresponding amend- unless the FAA also finds that compli- ment to part 25 of this chapter that ance with that amendment or regula- was issued on or after the date of the tion would not contribute materially applicable part 26 provision.

to the level of safety of the product or would be impractical.

[Doc. No. 28903, 65 FR 36266, June 7, 2000, as (d) If the FAA finds that the regula- amended by Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012; tions in effect on the date of the appli- Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR cation for the change do not provide 96689, Dec. 30, 2016; Doc. No. FAA–2022–0241, adequate standards with respect to the Amdt. No. 21–107, 89 FR 12653, Feb. 16, 2024] proposed change because of a novel or unusual design feature, the applicant must also comply with special condi- Subpart E—Supplemental Type tions, and amendments to those special Certificates conditions, prescribed under the provi- sions of § 21.16, to provide a level of S OURCE : Docket No. 5085, 29 FR 14568, Oct.

safety equal to that established by the 24, 1964, unless otherwise noted.

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

§ 21.111 Applicability.

(e) An application for a change to a This subpart prescribes procedural type certificate for a transport cat- requirements for the issue of supple- egory aircraft is effective for 5 years, mental type certificates.

and an application for a change to any other type certificate is effective for 3 § 21.113 Requirement for supplemental years. If the change has not been ap- type certificate.

proved, or if it is clear that it will not be approved under the time limit es- (a) If a person holds the TC for a tablished under this paragraph, the ap- product and alters that product by in- plicant may do either of the following: troducing a major change in type de- (1) File a new application for a sign that does not require an applica- change to the type certificate and com- tion for a new TC under § 21.19, that ply with all the provisions of paragraph person must apply to the FAA either (a) of this section applicable to an for an STC, or to amend the original original application for a change.

type certificate under subpart D of this (2) File for an extension of the origi- part.

nal application and comply with the (b) If a person does not hold the TC provisions of paragraph (a) of this sec- for a product and alters that product tion. The applicant must then select a by introducing a major change in type new application date. The new applica- design that does not require an applica- tion date may not precede the date the tion for a new TC under § 21.19, that change is approved by more than the person must apply to the FAA for an time period established under this STC.

paragraph (e).

(c) The application for an STC must (f) For aircraft certificated under be made in the form and manner pre- §§ 21.17(b), 21.24, 21.25, and 21.27 the air- scribed by the FAA.

worthiness requirements applicable to the category of the product in effect on [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR the date of the application for the 53387, Oct. 16, 2009; Doc. No. FAA–2018–0119, change include each airworthiness re- Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] quirement that the FAA finds to be ap- propriate for the type certification of

Federal Aviation Administration, DOT § 21.123 subpart G of this part for the change in § 21.115 Applicable requirements.

the type design approved by the supple- (a) Each applicant for a supplemental mental type certificate.

type certificate must show that the al- tered product meets applicable require- [Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as ments specified in § 21.101 and— amended by Amdt. 21–92, 74 FR 53387, Oct. 16, (1) In the case of an acoustical 2009] change described in § 21.93(b), show § 21.120 Responsibility of supple- compliance with the applicable noise mental type certificate holders to requirements of part 36 of this chapter; provide written permission for al- (2) In the case of an emissions change terations.

described in § 21.93(c), show compliance A supplemental type certificate hold- with the applicable fuel venting and er who allows a person to use the sup- exhaust emissions requirements of part plemental type certificate to alter an 34 of this chapter; and aircraft, aircraft engine, or propeller (3) In the case of a fuel efficiency must provide that person with written change described in § 21.93(d), show permission acceptable to the FAA.

compliance with the applicable fuel ef- ficiency requirements of part 38 of this [Doc. No. FAA–2003–14825, 71 FR 52258, Sept.

chapter.

1, 2006] (b) Each applicant for a supplemental type certificate must meet §§ 21.33 and Subpart F—Production Under Type 21.53 with respect to each change in the Certificate type design.

[Amdt. 21–17, 32 FR 14927, Oct. 28, 1967, as S OURCE : Docket No. 5085, 29 FR 14568, Oct.

amended by Amdt. 21–42, 40 FR 1033, Jan. 6, 24, 1964, unless otherwise noted.

1975; Amdt. 21–52A, 45 FR 79009, Nov. 28, 1980; Amdt. 21–61, 53 FR 3540, Feb. 5, 1988; Amdt.

§ 21.121 Applicability.

21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–71, 57 FR 42854, Sept. 16, 1992; Amdt. 21–77, 65 FR This subpart prescribes rules for pro- 36266, June 7, 2000; Amdt. No. 21–107, 89 FR duction under a type certificate.

12653, Feb. 16, 2024] § 21.122 Location of or change to man- § 21.117 Issue of supplemental type ufacturing facilities.

certificates.

(a) A type certificate holder may uti- (a) An applicant is entitled to a sup- lize manufacturing facilities located plemental type certificate if the FAA outside of the United States if the FAA finds that the applicant meets the re- finds no undue burden in administering quirements of §§ 21.113 and 21.115.

the applicable requirements of Title 49 (b) A supplemental type certificate U.S.C. and this subchapter.

consists of— (b) The type certificate holder must (1) The approval by the FAA of a obtain FAA approval before making change in the type design of the prod- any changes to the location of any of uct; and its manufacturing facilities.

(2) The type certificate previously (c) The type certificate holder must issued for the product.

immediately notify the FAA, in writ- [Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as ing, of any change to the manufac- amended by Amdt. 21–92, 74 FR 53387, Oct. 16, turing facilities that may affect the in- 2009] spection, conformity, or airworthiness of its product or article.

§ 21.119 Privileges.

The holder of a supplemental type [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR 53387, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095, certificate may— Mar. 1, 2010] (a) In the case of aircraft, obtain air- worthiness certificates; § 21.123 Production under type certifi- (b) In the case of other products, ob- cate.

tain approval for installation on cer- tificated aircraft; and Each manufacturer of a product (c) Obtain a production certificate in being manufactured under a type cer- accordance with the requirements of tificate must— 14 CFR Ch. I (1–1–25 Edition) § 21.125 (a) Maintain at the place of manufac- in flight to establish that, during ture all information and data specified flight, instrument readings are within in §§ 21.31 and 21.41; normal range.

(b) Make each product and article (3) A determination that all instru- ments are properly marked, and that thereof available for inspection by the all placards and required flight manu- FAA; als are installed after flight test.

(c) Maintain records of the comple- (4) A check of the operational charac- tion of all inspections and tests re- teristics of the aircraft on the ground.

quired by §§ 21.127, 21.128, and 21.129 for (5) A check on any other items pecu- at least 5 years for the products and ar- liar to the aircraft being tested that ticles thereof manufactured under the can best be done during the ground or approval and at least 10 years for crit- flight operation of the aircraft.

ical components identified under § 45.15(c) of this chapter; § 21.128 Tests: aircraft engines.

(d) Allow the FAA to make any in- spection or test, including any inspec- (a) Each person manufacturing air- tion or test at a supplier facility, nec- craft engines under a type certificate essary to determine compliance with must subject each engine (except rock- this subchapter; et engines for which the manufacturer (e) Mark the product in accordance must establish a sampling technique) with part 45 of this chapter, including to an acceptable test run that includes the following: any critical parts; (1) Break-in runs that include a de- (f) Identify any portion of that prod- termination of fuel and oil consump- uct ( e.g., sub-assemblies, component tion and a determination of power parts, or replacement articles) that characteristics at rated maximum con- leave the manufacturer’s facility as tinuous power or thrust and, if applica- FAA approved with the manufacturer’s ble, at rated takeoff power or thrust.

part number and name, trademark, (2) At least five hours of operation at symbol, or other FAA-approved manu- rated maximum continuous power or facturer’s identification; and thrust. For engines having a rated (g) Except as otherwise authorized by takeoff power or thrust higher than the FAA, obtain a production certifi- rated maximum continuous power or cate for that product in accordance thrust, the five-hour run must include with subpart G of this part within 6 30 minutes at rated takeoff power or months after the date of issuance of thrust.

the type certificate.

(b) The test runs required by para- [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR graph (a) of this section may be made 53387, Oct. 16, 2009] with the engine appropriately mounted and using current types of power and § 21.125 [Reserved] thrust measuring equipment.

§ 21.127 Tests: aircraft.

[Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as (a) Each person manufacturing air- amended by Amdt. 21–5, 32 FR 3735, Mar. 4, 1967] craft under a type certificate must es- tablish an approved production flight § 21.129 Tests: propellers.

test procedure and flight check-off Each person manufacturing propel- form, and in accordance with that lers under a type certificate must give form, flight test each aircraft pro- each variable pitch propeller an accept- duced.

able functional test to determine if it (b) Each production flight test proce- operates properly throughout the nor- dure must include the following: mal range of operation.

(1) An operational check of the trim, controllability, or other flight charac- § 21.130 Statement of conformity.

teristics to establish that the produc- tion aircraft has the same range and Each holder or licensee of a type cer- degree of control as the prototype air- tificate who manufactures a product craft. under this subpart must provide, in a (2) An operational check of each part form and manner acceptable to the or system operated by the crew while FAA, a statement that the product for Federal Aviation Administration, DOT § 21.137 which the type certificate has been procedures described in the quality issued conforms to its type certificate manual required by § 21.138 are in place and is in a condition for safe operation. and that the production approval hold- er satisfies the requirements of the ap- [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR plicable regulations of subchapter C, 53387, Oct. 16, 2009] Aircraft. The accountable manager must serve as the primary contact with Subpart G—Production the FAA.

Certificates (c) Each applicant for or holder of a production certificate, except those S OURCE : Docket No. FAA–2006–25877, Amdt.

based only on a supplemental type cer- 21–92, 74 FR 53387, Oct. 16, 2009, unless other- tificate or on the rights to the benefits wise noted.

of a supplemental type certificate under a licensing agreement, must § 21.131 Applicability.

meet the applicable requirements of This subpart prescribes— part 5 of this chapter.

(a) Procedural requirements for [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR issuing production certificates; and 59031, Oct. 1, 2015, as amended by Docket No.

(b) Rules governing holders of those FAA–2021–0419, Amdt. No. 21–108, 89 FR 33108, certificates.

Apr. 26, 2024] § 21.132 Eligibility.

§ 21.137 Quality system.

Any person may apply for a produc- Each applicant for or holder of a pro- tion certificate if that person holds, for duction certificate must establish and the product concerned— describe in writing a quality system (a) A current type certificate, that ensures that each product and ar- (b) A supplemental type certificate, ticle conforms to its approved design or and is in a condition for safe operation.

(c) Rights to the benefits of that type This quality system must include: certificate or supplemental type cer- (a) Design data control. Procedures for tificate under a licensing agreement.

controlling design data and subsequent § 21.133 Application. changes to ensure that only current, correct, and approved data is used.

Each applicant must apply for a pro- (b) Document control. Procedures for duction certificate in a form and man- controlling quality system documents ner prescribed by the FAA.

and data and subsequent changes to en- § 21.135 Organization. sure that only current, correct, and ap- proved documents and data are used.

(a) Each applicant for or holder of a (c) Supplier control. Procedures that— production certificate must provide the (1) Ensure that each supplier-pro- FAA with a document— vided product, article, or service con- (1) Describing how its organization forms to the production approval hold- will ensure compliance with the provi- er’s requirements; and sions of this subpart; (2) Establish a supplier-reporting (2) Describing assigned responsibil- process for products, articles, or serv- ities, delegated authorities, and the ices that have been released from or functional relationship of those respon- provided by the supplier and subse- sible for quality to management and quently found not to conform to the other organizational components; and production approval holder’s require- (3) Identifying an accountable man- ments.

ager.

(d) Manufacturing process control. Pro- (b) The accountable manager speci- cedures for controlling manufacturing fied in paragraph (a) of this section processes to ensure that each product must be responsible within the appli- and article conforms to its approved cant’s or production approval holder’s design.

organization for, and have authority over, all production operations con- (e) Inspecting and testing. Procedures ducted under this part. The account- for inspections and tests used to ensure able manager must confirm that the that each product and article conforms 14 CFR Ch. I (1–1–25 Edition) § 21.137 to its approved design. These proce- internal audits to ensure compliance dures must include the following, as with the approved quality system. The applicable: procedures must include reporting re- (1) A flight test of each aircraft pro- sults of internal audits to the manager duced unless that aircraft will be ex- responsible for implementing correc- ported as an unassembled aircraft.

tive and preventive actions.

(2) A functional test of each aircraft (m) In-service feedback. Procedures for engine and each propeller produced.

receiving and processing feedback on (f) Inspection, measuring, and test in-service failures, malfunctions, and equipment control. Procedures to ensure defects. These procedures must include calibration and control of all inspec- a process for assisting the design ap- tion, measuring, and test equipment proval holder to— used in determining conformity of each (1) Address any in-service problem in- product and article to its approved de- volving design changes; and sign. Each calibration standard must (2) Determine if any changes to the be traceable to a standard acceptable Instructions for Continued Airworthi- to the FAA.

ness are necessary.

(g) Inspection and test status. Proce- (n) Quality escapes. Procedures for dures for documenting the inspection and test status of products and articles identifying, analyzing, and initiating supplied or manufactured to the ap- appropriate corrective action for prod- proved design.

ucts or articles that have been released (h) Nonconforming product and article from the quality system and that do control. (1) Procedures to ensure that not conform to the applicable design only products or articles that conform data or quality system requirements.

to their approved design are installed (o) Issuing authorized release docu- on a type-certificated product. These ments. Procedures for issuing author- procedures must provide for the identi- ized release documents for aircraft en- fication, documentation, evaluation, gines, propellers, and articles if the segregation, and disposition of noncon- production approval holder intends to forming products and articles. Only au- issue those documents. These proce- thorized individuals may make disposi- dures must provide for the selection, tion determinations.

appointment, training, management, (2) Procedures to ensure that dis- and removal of individuals authorized carded articles are rendered unusable.

by the production approval holder to (i) Corrective and preventive actions.

issue authorized release documents.

Procedures for implementing correc- Authorized release documents may be tive and preventive actions to elimi- issued for new aircraft engines, propel- nate the causes of an actual or poten- lers, and articles manufactured by the tial nonconformity to the approved de- production approval holder; and for sign or noncompliance with the ap- proved quality system. used aircraft engines, propellers, and (j) Handling and storage. Procedures articles when rebuilt, or altered, in ac- to prevent damage and deterioration of cordance with § 43.3(j) of this chapter.

each product and article during han- When a production approval holder dling, storage, preservation, and pack- issues an authorized release document aging.

for the purpose of export, the produc- (k) Control of quality records. Proce- tion approval holder must comply with dures for identifying, storing, pro- the procedures applicable to the export tecting, retrieving, and retaining qual- of new and used aircraft engines, pro- ity records. A production approval pellers, and articles specified in § 21.331 holder must retain these records for at and the responsibilities of exporters least 5 years for the products and arti- specified in § 21.335.

cles manufactured under the approval and at least 10 years for critical compo- [Docket No. FAA–2006–25877, Amdt. 21–92, 74 FR 53387, Oct. 16, 2009, as amended by Doc.

nents identified under § 45.15(c) of this No. FAA–2013–0933, Amdt. 21–98, 80 FR 59031, chapter.

Oct. 1, 2015; Amdt. 21–98A, 80 FR 59031, Dec.

(l) Internal audits. Procedures for 17, 2015] planning, conducting, and documenting Federal Aviation Administration, DOT § 21.146 holder is authorized to manufacture § 21.138 Quality manual.

and install under this part.

Each applicant for or holder of a pro- [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR duction certificate must provide a 59031, Oct. 1, 2015, as amended by Amdt. 21– manual describing its quality system 98A, 80 FR 59031, Dec. 17, 2015] to the FAA for approval. The manual must be in the English language and § 21.143 Duration.

retrievable in a form acceptable to the A production certificate is effective FAA.

until surrendered, suspended, revoked, or the FAA otherwise establishes a ter- § 21.139 Location of or change to man- mination date.

ufacturing facilities.

(a) An applicant may obtain a pro- § 21.144 Transferability.

duction certificate for manufacturing The holder of a production certificate facilities located outside of the United may not transfer the production cer- States if the FAA finds no undue bur- tificate.

den in administering the applicable re- § 21.145 Privileges.

quirements of Title 49 U.S.C. and this subchapter. (a) The holder of a production certifi- (b) The production certificate holder cate may— (1) Obtain an aircraft airworthiness must obtain FAA approval before mak- certificate without further showing, ing any changes to the location of any except that the FAA may inspect the of its manufacturing facilities.

aircraft for conformity with the type (c) The production certificate holder design; or must immediately notify the FAA, in (2) In the case of other products, ob- writing, of any change to the manufac- tain approval from the FAA for instal- turing facilities that may affect the in- lation on type-certificated aircraft.

spection, conformity, or airworthiness (b) Notwithstanding the provisions of of its product or article.

§ 147.3 of this chapter, the holder of a production certificate for a primary § 21.140 Inspections and tests.

category aircraft, or for a normal, util- Each applicant for or holder of a pro- ity, or acrobatic category aircraft of a duction certificate must allow the FAA type design that is eligible for a special airworthiness certificate in the pri- to inspect its quality system, facilities, mary category under § 21.184(c), may— technical data, and any manufactured (1) Conduct training for persons in products or articles and witness any the performance of a special inspection tests, including any inspections or and preventive maintenance program tests at a supplier facility, necessary approved as a part of the aircraft’s to determine compliance with this sub- type design under § 21.24(b), provided a chapter.

person holding a mechanic certificate with appropriate airframe and power- § 21.141 Issuance.

plant ratings issued under part 65 of The FAA issues a production certifi- this chapter gives the training; and cate after finding that the applicant (2) Issue a certificate of competency complies with the requirements of this to persons successfully completing the subpart.

approved training program, provided the certificate specifies the aircraft § 21.142 Production limitation record.

make and model to which the certifi- cate applies.

The FAA issues a production limita- tion record as part of a production cer- § 21.146 Responsibility of holder.

tificate. The record lists the type cer- The holder of a production certificate tificate number and model of every must— product that the production certificate (a) Amend the document required by holder is authorized to manufacture, § 21.135 as necessary to reflect changes and identifies every interface compo- in the organization and provide these nent that the production certificate amendments to the FAA.

14 CFR Ch. I (1–1–25 Edition) § 21.147 (b) Maintain the quality system in makes that data available to the FAA compliance with the data and proce- upon request; dures approved for the production cer- (2) The applicant manufactures the tificate; interface component; (3) The applicant’s product conforms (c) Ensure that each completed prod- to its approved type design and the uct or article for which a production interface component conforms to its certificate has been issued, including approved type design; primary category aircraft assembled (4) The assembled product with the under a production certificate by an- installed interface component is in a other person from a kit provided by the condition for safe operation; and holder of the production certificate, (5) The applicant complies with any presented for airworthiness certifi- other conditions and limitations the cation or approval conforms to its ap- FAA considers necessary.

proved design and is in a condition for safe operation; [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR (d) Mark the product or article for 59031, Oct. 1, 2015, as amended by Amdt. 21– 98A, 80 FR 59031, Dec. 17, 2015; Amdt. 21–108, which a certificate or approval has 89 FR 33108, Apr. 26, 2024] been issued. Marking must be in ac- cordance with part 45 of this chapter, § 21.150 Changes in quality system.

including any critical parts; After the issuance of a production (e) Identify any portion of the prod- certificate— uct or article (e.g., sub-assemblies, (a) Each change to the quality sys- component parts, or replacement arti- tem is subject to review by the FAA; cles) that leave the manufacturer’s fa- and cility as FAA approved with the manu- (b) The holder of a production certifi- facturer’s part number and name, cate must immediately notify the trademark, symbol, or other FAA ap- FAA, in writing, of any change that proved manufacturer’s identification; may affect the inspection, conformity, (f) Have access to type design data or airworthiness of its product or arti- necessary to determine conformity and cle.

airworthiness for each product and ar- ticle produced under the production Subpart H—Airworthiness certificate; Certificates (g) Retain its production certificate and make it available to the FAA upon request; and S OURCE : Docket No. 5085, 29 FR 14569, Oct.

24, 1964, unless otherwise noted.

(h) Make available to the FAA infor- mation regarding all delegation of au- § 21.171 Applicability.

thority to suppliers.

This subpart prescribes procedural § 21.147 Amendment of production cer- requirements for the issue of airworthi- tificates.

ness certificates.

(a) A holder of a production certifi- § 21.173 Eligibility.

cate must apply for an amendment to a Any registered owner of a U.S.-reg- production certificate in a form and istered aircraft (or the agent of the manner prescribed by the FAA.

owner) may apply for an airworthiness (b) An applicant for an amendment to certificate for that aircraft. An appli- a production certificate to add a type cation for an airworthiness certificate certificate or model, or both, must must be made in a form and manner ac- comply with §§ 21.135(c), 21.137, 21.138, ceptable to the FAA, and may be sub- and 21.150.

mitted to any FAA office.

(c) An applicant may apply to amend its production limitation record to [Amdt. 21–26, 34 FR 15244, Sept. 30, 1969] allow the manufacture and installation § 21.175 Airworthiness certificates: of an interface component, provided— classification.

(1) The applicant owns or has a li- cense to use the design and installation (a) Standard airworthiness certifi- data for the interface component and cates are airworthiness certificates Federal Aviation Administration, DOT § 21.182 issued for aircraft type certificated in (iii) The aircraft has no unsafe condi- the normal, utility, acrobatic, com- tion and is not likely to develop an un- muter, or transport category, and for safe condition; and manned free balloons, and for aircraft (iv) The aircraft is registered in the designated by the FAA as special class- United States.

es of aircraft.

(4) An experimental certificate for re- (b) Special airworthiness certificates search and development, showing com- are primary, restricted, limited, light- pliance with regulations, crew train- sport, and provisional airworthiness ing, or market surveys is effective for 1 certificates, special flight permits, and year after the date of issue or renewal experimental certificates.

unless the FAA prescribes a shorter pe- riod. The duration of an experimental [Amdt. 21–21, 33 FR 6858, May 7, 1968, as amended by Amdt. 21–60, 52 FR 8043, Mar. 13, certificate issued for operating ama- 1987; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; teur-built aircraft, exhibition, air-rac- Amdt. 21–85, 69 FR 44861, July 27, 2004] ing, operating primary kit-built air- craft, or operating light-sport aircraft § 21.177 Amendment or modification.

is unlimited, unless the FAA estab- An airworthiness certificate may be lishes a specific period for good cause.

amended or modified only upon appli- (b) The owner, operator, or bailee of cation to the FAA.

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

§ 21.179 Transferability.

(c) Upon suspension, revocation, or An airworthiness certificate is trans- termination by order of the FAA of an ferred with the aircraft.

airworthiness certificate, the owner, operator, or bailee of an aircraft must, § 21.181 Duration.

upon request, surrender the certificate (a) Unless sooner surrendered, sus- to the FAA.

pended, revoked, or a termination date [Amdt. 21–21, 33 FR 6858, May 7, 1968, as is otherwise established by the FAA, amended by Amdt. 21–49, 44 FR 46781, Aug. 9, airworthiness certificates are effective 1979; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; as follows: Amdt. 21–85, 69 FR 44861, July 27, 2004] (1) Standard airworthiness certifi- cates, special airworthiness certifi- § 21.182 Aircraft identification.

cates—primary category, and air- (a) Except as provided in paragraph worthiness certificates issued for re- (b) of this section, each applicant for stricted or limited category aircraft an airworthiness certificate under this are effective as long as the mainte- subpart must show that his aircraft is nance, preventive maintenance, and al- identified as prescribed in § 45.11.

terations are performed in accordance (b) Paragraph (a) of this section does with Parts 43 and 91 of this chapter and not apply to applicants for the fol- the aircraft are registered in the lowing: United States.

(1) A special flight permit.

(2) A special flight permit is effective (2) An experimental certificate for an for the period of time specified in the aircraft not issued for the purpose of permit.

operating amateur-built aircraft, oper- (3) A special airworthiness certificate ating primary kit-built aircraft, or op- in the light-sport category is effective erating light-sport aircraft.

as long as— (3) A change from one airworthiness (i) The aircraft meets the definition classification to another, for an air- of a light-sport aircraft; craft already identified as prescribed in (ii) The aircraft conforms to its origi- § 45.11.

nal configuration, except for those al- terations performed in accordance with [Amdt. 21–13, 32 FR 188, Jan. 10, 1967, as an applicable consensus standard and amended by Amdt. 21–51, 45 FR 60170, Sept.

authorized by the aircraft’s manufac- 11, 1980; Amdt. 21–70, 57 FR 41368, Sept. 9, turer or a person acceptable to the 1992; Amdt. 21–85, 69 FR 44862, July 27, 2004] FAA; 14 CFR Ch. I (1–1–25 Edition) § 21.183 (2) The aircraft (except an experi- § 21.183 Issue of standard airworthi- ness certificates for normal, utility, mentally certificated aircraft that pre- acrobatic, commuter, and transport viously had been issued a different air- category aircraft; manned free bal- worthiness certificate under this sec- loons; and special classes of air- tion) has been inspected in accordance craft.

with the performance rules for 100-hour (a) New aircraft manufactured under a inspections set forth in § 43.15 of this production certificate. An applicant for a chapter, or an equivalent performance standard acceptable to the FAA, and standard airworthiness certificate for a found airworthy by— new aircraft manufactured under a pro- (i) The manufacturer; duction certificate is entitled to a (ii) The holder of a repair station cer- standard airworthiness certificate tificate as provided in Part 145 of this without further showing, except that chapter; the FAA may inspect the aircraft to (iii) The holder of a mechanic certifi- determine conformity to the type de- cate as authorized in Part 65 of this sign and condition for safe operation.

chapter; or (b) New aircraft manufactured under (iv) The holder of a certificate issued type certificate. An applicant for a under part 121 of this chapter, and hav- standard airworthiness certificate for a ing a maintenance and inspection orga- new aircraft manufactured under a nization appropriate to the aircraft type certificate is entitled to a stand- type; and ard airworthiness certificate upon pres- (3) The FAA finds after inspection, entation, by the holder or licensee of that the aircraft conforms to the type the type certificate, of the statement design, and is in condition for safe op- of conformity prescribed in § 21.130 if eration.

the FAA finds after inspection that the (e) Noise requirements. Notwith- aircraft conforms to the type design standing all other provisions of this and is in condition for safe operation.

section, the following must be com- (c) Import aircraft. An applicant for a plied with for the original issuance of a standard airworthiness certificate for standard airworthiness certificate: an import aircraft is entitled to that (1) For transport category large air- certificate if— planes and jet (turbojet powered) air- (1) The aircraft is type certificated in planes that have not had any flight accordance with § 21.21 or § 21.29 and time before the dates specified in produced under the authority of an- § 36.1(d), no standard airworthiness cer- other State of Manufacture; tificate is originally issued under this (2) The State of Manufacture cer- section unless the FAA finds that the tifies, in accordance with the export type design complies with the noise re- provisions of an agreement with the quirements in § 36.1(d) in addition to United States for import of that air- the applicable airworthiness require- craft, that the aircraft conforms to the ments in this section. For import air- type design and is in condition for safe planes, compliance with this paragraph operation; and is shown if the country in which the (3) The FAA finds that the aircraft airplane was manufactured certifies, conforms to the type design and is in and the FAA finds, that § 36.1(d) (or the condition for safe operation.

applicable airplane noise requirements (d) Used aircraft and surplus aircraft of of the country in which the airplane the U.S. Armed Forces. An applicant for was manufactured and any other re- a standard airworthiness certificate for quirements the FAA may prescribe to a used aircraft or surplus aircraft of provide noise levels no greater than the U.S. Armed Forces is entitled to a those provided by compliance with standard airworthiness certificate if— § 36.1(d)) and paragraph (c) of this sec- (1) The applicant presents evidence to tion are complied with.

the FAA that the aircraft conforms to (2) For normal, utility, acrobatic, a type design approved under a type commuter, or transport category pro- certificate or a supplemental type cer- peller driven small airplanes (except tificate and to applicable Airworthi- for those airplanes that are designed ness Directives; for ‘‘agricultural aircraft operations’’ Federal Aviation Administration, DOT § 21.184 (as defined in § 137.3 of this chapter, as a standard airworthiness certificate effective on January 1, 1966) or for dis- if— pensing fire fighting materials to (1) The applicant presents evidence to which § 36.1583 of this chapter does not the FAA that the aircraft conforms to apply) that have not had any flight a type design approved under a type time before the applicable date speci- certificate or supplemental type cer- fied in part 36 of this chapter, no stand- tificate and to applicable Airworthi- ard airworthiness certificate is origi- ness Directives; nally issued under this section unless (2) The aircraft has been inspected in the applicant shows that the type de- accordance with the performance rules sign complies with the applicable noise for a 100-hour inspections set forth in requirements of part 36 of this chapter § 43.15 of this chapter and found air- in addition to the applicable airworthi- worthy by a person specified in para- ness requirements in this section. For graph (d)(2) of this section; and import airplanes, compliance with this (3) The FAA finds after inspection, paragraph is shown if the country in that the aircraft conforms to the type which the airplane was manufactured design, and is in condition for safe op- certifies, and the FAA finds, that the eration.

applicable requirements of part of this (i) [Reserved] chapter (or the applicable airplane (j) Fuel efficiency requirements. No noise requirements of the country in original standard airworthiness certifi- which the airplane was manufactured cate may be issued under this section and any other requirements the FAA unless the applicant has demonstrated may prescribe to provide noise levels that the type design complies with the no greater than those provided by com- applicable fuel efficiency requirements pliance with the applicable require- of part 38 of this chapter.

ments of part 36 of this chapter) and paragraph (c) of this section are com- [Amdt. 21–17, 32 FR 14927, Oct. 28, 1967] plied with.

E DITORIAL N OTE : For F EDERAL R EGISTER ci- (f) Passenger emergency exit require- tations affecting § 21.183, see the List of CFR ments. Notwithstanding all other provi- Sections Affected, which appears in the sions of this section, each applicant for Finding Aids section of the printed volume issuance of a standard airworthiness and at www.govinfo.gov.

certificate for a transport category air- plane manufactured after October 16, § 21.184 Issue of special airworthiness 1987, must show that the airplane certificates for primary category meets the requirements of § 25.807(c)(7) aircraft.

in effect on July 24, 1989. For the pur- (a) New primary category aircraft man- poses of this paragraph, the date of ufactured under a production certificate.

manufacture of an airplane is the date An applicant for an original, special the inspection acceptance records re- airworthiness certificate-primary cat- flect that the airplane is complete and egory for a new aircraft that meets the meets the FAA-approved type design criteria of § 21.24(a)(1), manufactured data.

under a production certificate, includ- (g) Fuel venting and exhaust emission ing aircraft assembled by another per- requirements. Notwithstanding all other son from a kit provided by the holder provisions of this section, and irrespec- of the production certificate and under tive of the date of application, no air- the supervision and quality control of worthiness certificate is issued, on and that holder, is entitled to a special air- after the dates specified in part 34 for worthiness certificate without further the airplanes specified therein, unless showing, except that the FAA may in- the airplane complies with the applica- spect the aircraft to determine con- ble requirements of that part.

formity to the type design and condi- (h) New aircraft manufactured under tion for safe operation.

the provisions of § 21.6(b). An applicant (b) Imported aircraft. An applicant for for a standard airworthiness certificate for a new aircraft manufactured under a special airworthiness certificate-pri- the provisions of § 21.6(b) is entitled to mary category for an imported aircraft 14 CFR Ch. I (1–1–25 Edition) § 21.185 type certificated under § 21.29 is enti- primary category aircraft may hold tled to a special airworthiness certifi- only one airworthiness certificate.

cate if the civil airworthiness author- [Doc. No. 23345, 57 FR 41368, Sept. 9, 1992, as ity of the country in which the aircraft amended by Amdt. 21–70, 57 FR 43776, Sept.

was manufactured certifies, and the 22, 1992] FAA finds after inspection, that the § 21.185 Issue of airworthiness certifi- aircraft conforms to an approved type cates for restricted category air- design that meets the criteria of craft.

§ 21.24(a)(1) and is in a condition for (a) Aircraft manufactured under a pro- safe operation.

duction certificate or type certificate. An (c) Aircraft having a current standard applicant for the original issue of a re- airworthiness certificate. An applicant stricted category airworthiness certifi- for a special airworthiness certificate- cate for an aircraft type certificated in primary category, for an aircraft hav- the restricted category, that was not ing a current standard airworthiness previously type certificated in any certificate that meets the criteria of other category, must comply with the § 21.24(a)(1), may obtain the primary appropriate provisions of § 21.183.

category certificate in exchange for its (b) Other aircraft. An applicant for a standard airworthiness certificate restricted category airworthiness cer- through the supplemental type certifi- tificate for an aircraft type certificated cation process. For the purposes of this in the restricted category, that was ei- paragraph, a current standard air- ther a surplus aircraft of the Armed worthiness certificate means that the Forces or previously type certificated in another category, is entitled to an aircraft conforms to its approved nor- airworthiness certificate if the aircraft mal, utility, or acrobatic type design, has been inspected by the FAA and complies with all applicable airworthi- found by him to be in a good state of ness directives, has been inspected and preservation and repair and in a condi- found airworthy within the last 12 cal- tion for safe operation.

endar months in accordance with (c) Import aircraft. An applicant for § 91.409(a)(1) of this chapter, and is the original issue of a special air- found to be in a condition for safe oper- worthiness certificate for a restricted ation by the FAA.

category import aircraft is entitled to (d) Other aircraft. An applicant for a that certificate if— special airworthiness certificate-pri- (1) The aircraft is type-certificated in mary category for an aircraft that accordance with § 21.25 or § 21.29 and meets the criteria of § 21.24(a)(1), and is produced under the authority of an- not covered by paragraph (a), (b), or (c) other State of Manufacture; of this section, is entitled to a special (2) The State of Manufacture cer- airworthiness certificate if— tifies, in accordance with the export (1) The applicant presents evidence to provisions of an agreement with the the FAA that the aircraft conforms to United States for import of that air- an approved primary, normal, utility, craft that the aircraft conforms to the or acrobatic type design, including type design and is in condition for safe compliance with all applicable air- operation; and (3) The FAA finds that the aircraft worthiness directives; conforms to the type design and is in (2) The aircraft has been inspected condition for safe operation.

and found airworthy within the past 12 (d) Noise requirements. For propeller- calendar months in accordance with driven small airplanes (except air- § 91.409(a)(1) of this chapter and; planes designed for ‘‘agricultural air- (3) The aircraft is found by the FAA craft operations,’’ as defined in § 137.3 to conform to an approved type design of this chapter, as effective on January and to be in a condition for safe oper- 1, 1966, or for dispensing fire fighting ation.

materials) that have not had any flight (e) Multiple-category airworthiness cer- time before the applicable date speci- tificates in the primary category and fied in Part 36 of this chapter, and not- any other category will not be issued; a withstanding the other provisions of Federal Aviation Administration, DOT § 21.190 this section, no original restricted cat- to another category for the carriage of egory airworthiness certificate is passengers for compensation or hire, issued under this section unless the unless the FAA finds this unnecessary FAA finds that the type design com- for safety in a particular case.

plies with the applicable noise require- (c) The aircraft complies with the ap- ments of Part 36 of this chapter in ad- plicable requirements of part 34.

dition to the applicable airworthiness [Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as requirements of this section. For im- amended by Amdt. 21–68, 55 FR 32860, Aug. 10, port airplanes, compliance with this 1990; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992; paragraph is shown if the country in Amdt. No. 21–107, 89 FR 12654, Feb. 16, 2024] which the airplane was manufactured § 21.189 Issue of airworthiness certifi- certifies, and the FAA finds, that the cate for limited category aircraft.

applicable requirements of Part 36 of this chapter (or the applicable airplane (a) An applicant for an airworthiness noise requirements of the country in certificate for an aircraft in the lim- which the airplane was manufactured ited category is entitled to the certifi- and any other requirements the FAA cate when— may prescribe to provide noise levels (1) He shows that the aircraft has no greater than those provided by com- been previously issued a limited cat- pliance with the applicable require- egory type certificate and that the air- ments of Part 36 of this chapter) and craft conforms to that type certificate; paragraph (c) of this section are com- and plied with. (2) The FAA finds, after inspection (including a flight check by the appli- [Amdt. 21–10, 31 FR 9211, July 6, 1966, as cant), that the aircraft is in a good amended by Amdt. 21–32, 35 FR 10202, June state of preservation and repair and is 23, 1970; Amdt. 21–42, 40 FR 1034, Jan. 6, 1975; in a condition for safe operation.

Amdt. 21–92, 74 FR 53389, Oct. 16, 2009; Amdt.

21–92, 74 FR 53389, Oct. 16, 2009; Amdt. 21–92A, (b) The FAA prescribes limitations 75 FR 9095, Mar. 1, 2010] and conditions necessary for safe oper- ation.

§ 21.187 Issue of multiple airworthi- [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as ness certification.

amended by Amdt. 21–4, 30 FR 9437, July 29, (a) An applicant for an airworthiness 1965] certificate in the restricted category, and in one or more other categories ex- § 21.190 Issue of a special airworthi- cept primary category, is entitled to ness certificate for a light-sport cat- egory aircraft.

the certificate, if— (1) The applicant shows compliance (a) Purpose. The FAA issues a special with the requirements for each cat- airworthiness certificate in the light- egory, when the aircraft is in the con- sport category to operate a light-sport figuration for that category; aircraft, other than a gyroplane.

(2) The applicant shows that the air- (b) Eligibility. To be eligible for a spe- craft can be converted from one cat- cial airworthiness certificate in the egory to another by removing or add- light-sport category: ing equipment by simple mechanical (1) An applicant must provide the means; FAA with— (3) The aircraft complies with the ap- (i) The aircraft’s operating instruc- plicable requirements of part 34 of this tions; subchapter; and (ii) The aircraft’s maintenance and (4) The airplane complies with the inspection procedures; applicable requirements of part 38 of (iii) The manufacturer’s statement of this subchapter. compliance as described in paragraph (b) The operator of an aircraft cer- (c) of this section; and tificated under this section must have (iv) The aircraft’s flight training sup- the aircraft inspected by the FAA, or plement.

by a certificated mechanic with an ap- (2) The aircraft must not have been propriate airframe rating, to determine previously issued a standard, primary, airworthiness each time the aircraft is restricted, limited, or provisional air- converted from the restricted category worthiness certificate, or an equivalent 14 CFR Ch. I (1–1–25 Edition) § 21.191 airworthiness certificate issued by a this section and provide to the FAA foreign civil aviation authority. evidence that— (1) The aircraft was manufactured in (3) The aircraft must be inspected by a country with which the United States the FAA and found to be in a condition has a Bilateral Airworthiness Agree- for safe operation.

ment concerning airplanes or Bilateral (c) Manufacturer’s statement of compli- Aviation Safety Agreement with asso- ance for light-sport category aircraft. The ciated Implementation Procedures for manufacturer’s statement of compli- Airworthiness concerning airplanes, or ance required in paragraph (b)(1)(iii) of an equivalent airworthiness agree- this section must— ment; and (1) Identify the aircraft by make and (2) The aircraft is eligible for an air- model, serial number, class, date of worthiness certificate, flight author- manufacture, and consensus standard ization, or other similar certification used; in its country of manufacture.

(2) State that the aircraft meets the provisions of the identified consensus [Amdt. 21–85, 69 FR 44862, July 27, 2004] standard; § 21.191 Experimental certificates.

(3) State that the aircraft conforms to the manufacturer’s design data, Experimental certificates are issued using the manufacturer’s quality as- for the following purposes: (a) Research and development. Testing surance system that meets the identi- new aircraft design concepts, new air- fied consensus standard; craft equipment, new aircraft installa- (4) State that the manufacturer will tions, new aircraft operating tech- make available to any interested per- niques, or new uses for aircraft.

son the following documents that meet (b) Showing compliance with regula- the identified consensus standard: tions. Conducting flight tests and other (i) The aircraft’s operating instruc- operations to show compliance with tions.

the airworthiness regulations including (ii) The aircraft’s maintenance and flights to show compliance for issuance inspection procedures.

of type and supplemental type certifi- (iii) The aircraft’s flight training cates, flights to substantiate major de- supplement.

sign changes, and flights to show com- (5) State that the manufacturer will pliance with the function and reli- monitor and correct safety-of-flight ability requirements of the regula- issues through the issuance of safety tions.

directives and a continued airworthi- (c) Crew training. Training of the ap- ness system that meets the identified plicant’s flight crews.

consensus standard; (d) Exhibition. Exhibiting the air- (6) State that at the request of the craft’s flight capabilities, performance, FAA, the manufacturer will provide or unusual characteristics at air shows, unrestricted access to its facilities; and motion picture, television, and similar (7) State that the manufacturer, in productions, and the maintenance of accordance with a production accept- exhibition flight proficiency, including ance test procedure that meets an ap- (for persons exhibiting aircraft) flying plicable consensus standard has— to and from such air shows and produc- (i) Ground and flight tested the air- tions.

craft; (e) Air racing. Participating in air (ii) Found the aircraft performance races, including (for such participants) acceptable; and practicing for such air races and flying (iii) Determined that the aircraft is to and from racing events.

in a condition for safe operation. (f) Market surveys. Use of aircraft for (d) Light-sport aircraft manufactured purposes of conducting market sur- outside the United States. For aircraft veys, sales demonstrations, and cus- manufactured outside of the United tomer crew training only as provided States to be eligible for a special air- in § 21.195.

worthiness certificate in the light- (g) Operating amateur-built aircraft.

sport category, an applicant must meet Operating an aircraft the major por- the requirements of paragraph (b) of tion of which has been fabricated and Federal Aviation Administration, DOT § 21.195 assembled by persons who undertook (4) Except for aircraft converted from the construction project solely for a previously certificated type without their own education or recreation. appreciable change in the external con- (h) Operating primary kit-built aircraft. figuration, three-view drawings or Operating a primary category aircraft three-view dimensioned photographs of that meets the criteria of § 21.24(a)(1) the aircraft.

that was assembled by a person from a (e) In the case of a light-sport air- kit manufactured by the holder of a craft assembled from a kit to be cer- production certificate for that kit, tificated in accordance with without the supervision and quality § 21.191(i)(2), an applicant must provide control of the production certificate the following: holder under § 21.184(a).

(1) Evidence that an aircraft of the (i) Operating light-sport aircraft. Oper- same make and model was manufac- ating a light-sport aircraft that— tured and assembled by the aircraft kit (1) Has not been issued a U.S. or for- manufacturer and issued a special air- eign airworthiness certificate and does worthiness certificate in the light- not meet the provisions of § 103.1 of this sport category.

chapter. An experimental certificate (2) The aircraft’s operating instruc- will not be issued under this paragraph tions.

for these aircraft after January 31, (3) The aircraft’s maintenance and 2008; inspection procedures.

(2) Has been assembled— (4) The manufacturer’s statement of (i) From an aircraft kit for which the compliance for the aircraft kit used in applicant can provide the information the aircraft assembly that meets required by § 21.193(e); and § 21.190(c), except that instead of meet- (ii) In accordance with manufactur- ing § 21.190(c)(7), the statement must er’s assembly instructions that meet identify assembly instructions for the an applicable consensus standard; or aircraft that meet an applicable con- (3) Has been previously issued a spe- sensus standard.

cial airworthiness certificate in the (5) The aircraft’s flight training sup- light-sport category under § 21.190.

plement.

[Amdt. 21–21, 38 FR 6858, May 7, 1968, as (6) In addition to paragraphs (e)(1) amended by Amdt. 21–57, 49 FR 39651, Oct. 9, through (e)(5) of this section, for an 1984; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992; aircraft kit manufactured outside of Amdt. 21–85, 69 FR 44862, July 27, 2004; Amdt.

the United States, evidence that the 21–85, 69 FR 53336, Sept. 1, 2004] aircraft kit was manufactured in a § 21.193 Experimental certificates: gen- country with which the United States eral.

has a Bilateral Airworthiness Agree- ment concerning airplanes or a Bilat- An applicant for an experimental cer- eral Aviation Safety Agreement with tificate must submit the following in- associated Implementation Procedures formation: for Airworthiness concerning airplanes, (a) A statement, in a form and man- or an equivalent airworthiness agree- ner prescribed by the FAA setting ment.

forth the purpose for which the aircraft is to be used.

[Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as (b) Enough data (such as photo- amended by Amdt. 21–85, 69 FR 44862, July 27, graphs) to identify the aircraft. 2004] (c) Upon inspection of the aircraft, § 21.195 Experimental certificates: Air- any pertinent information found nec- craft to be used for market surveys, essary by the FAA to safeguard the sales demonstrations, and customer general public.

crew training.

(d) In the case of an aircraft to be used for experimental purposes— (a) A manufacturer of aircraft manu- (1) The purpose of the experiment; factured within the United States may (2) The estimated time or number of apply for an experimental certificate flights required for the experiment; for an aircraft that is to be used for (3) The areas over which the experi- market surveys, sales demonstrations, ment will be conducted; and or customer crew training.

14 CFR Ch. I (1–1–25 Edition) § 21.197 (b) A manufacturer of aircraft en- (4) Evacuating aircraft from areas of gines who has altered a type certifi- impending danger.

cated aircraft by installing different (5) Conducting customer demonstra- engines, manufactured by him within tion flights in new production aircraft the United States, may apply for an ex- that have satisfactorily completed pro- perimental certificate for that aircraft duction flight tests.

to be used for market surveys, sales (b) A special flight permit may also demonstrations, or customer crew be issued to authorize the operation of training, if the basic aircraft, before al- an aircraft at a weight in excess of its teration, was type certificated in the maximum certificated takeoff weight normal, acrobatic, commuter, or trans- for flight beyond the normal range over port category.

water, or over land areas where ade- (c) A person who has altered the de- quate landing facilities or appropriate sign of a type certificated aircraft may fuel is not available. The excess weight apply for an experimental certificate that may be authorized under this for the altered aircraft to be used for paragraph is limited to the additional market surveys, sales demonstrations, fuel, fuel-carrying facilities, and navi- or customer crew training if the basic gation equipment necessary for the aircraft, before alteration, was type flight.

certificated in the normal, utility, ac- (c) Upon application, as prescribed in robatic, or transport category. §§ 91.1017 or 119.51 of this chapter, a spe- cial flight permit with a continuing au- (d) An applicant for an experimental thorization may be issued for aircraft certificate under this section is enti- that may not meet applicable air- tled to that certificate if, in addition worthiness requirements, but are capa- to meeting the requirements of ble of safe flight for the purpose of fly- § 21.193— ing aircraft to a base where mainte- (1) He has established an inspection nance or alterations are to be per- and maintenance program for the con- formed. The permit issued under this tinued airworthiness of the aircraft; paragraph is an authorization, includ- and ing conditions and limitations for (2) The applicant shows that the air- flight, which is set forth in the certifi- craft has been flown for at least 50 cate holder’s operations specifications.

hours, or for at least 5 hours if it is a The permit issued under this paragraph type certificated aircraft which has may be issued to— been modified. The FAA may reduce (1) Certificate holders authorized to these operational requirements if the conduct operations under part 119 of applicant provides adequate justifica- this chapter, that have an approved tion.

program for continuing flight author- [Amdt. 21–21, 33 FR 6858, May 7, 1968, as ization; or amended by Amdt. 21–28, 35 FR 2818, Feb. 11, (2) Management specification holders 1970; Amdt. 21–57, 49 FR 39651, Oct. 9, 1984; authorized to conduct operations under Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; Amdt.

part 91, subpart K of this chapter for 21–92, 74 FR 53389, Oct. 16, 2009] those aircraft they operate and main- tain under a continuous airworthiness § 21.197 Special flight permits.

maintenance program prescribed by (a) A special flight permit may be § 91.1411 of this chapter.

issued for an aircraft that may not cur- [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as rently meet applicable airworthiness amended by Amdt. 21–21, 33 FR 6859, May 7, requirements but is capable of safe 1968; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; flight, for the following purposes: Amdt. 21–54, 46 FR 37878, July 23, 1981; Amdt.

(1) Flying the aircraft to a base 21–79, 66 FR 21066, Apr. 27, 2001; Amdt. 21–84, where repairs, alterations, or mainte- 68 FR 54559, Sept. 17, 2003; Amdt. 21–87, 71 FR nance are to be performed, or to a 536, Jan. 4, 2006; Amdt. 21–92, 74 FR 53389, Oct.

point of storage.

16, 2009] (2) Delivering or exporting the air- § 21.199 Issue of special flight permits.

craft.

(3) Production flight testing new pro- (a) Except as provided in § 21.197(c), duction aircraft. an applicant for a special flight permit Federal Aviation Administration, DOT § 21.221 must submit a statement in a form and by installing different type certificated manner prescribed by the FAA, indi- engines, manufactured by him within cating— the United States, may apply for a (1) The purpose of the flight. Class I provisional airworthiness cer- (2) The proposed itinerary. tificate for that aircraft, if the basic (3) The crew required to operate the aircraft, before alteration, was type aircraft and its equipment, e.g., pilot, certificated in the normal, utility, ac- co-pilot, navigator, etc. robatic, commuter, or transport cat- (4) The ways, if any, in which the air- egory.

craft does not comply with the applica- [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as ble airworthiness requirements.

amended by Amdt. 21–59, 52 FR 1836, Jan. 15, (5) Any restriction the applicant con- 1987; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001] siders necessary for safe operation of § 21.215 Application.

the aircraft.

(6) Any other information considered Applications for provisional air- necessary by the FAA for the purpose worthiness certificates must be sub- of prescribing operating limitations.

mitted to the FAA. The application (b) The FAA may make, or require must be accompanied by the pertinent the applicant to make appropriate in- information specified in this subpart.

spections or tests necessary for safety.

[Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; 54 FR [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as 52872, Dec. 22, 1989; Doc. No. FAA–2018–0119, amended by Amdt. 21–21, 33 FR 6859, May 7, Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] 1968; Amdt. 21–22, 33 FR 11901, Aug. 22, 1968] § 21.217 Duration.

Subpart I—Provisional Unless sooner surrendered, super- Airworthiness Certificates seded, revoked, or otherwise termi- nated, provisional airworthiness cer- tificates are effective for the duration S OURCE : Docket No. 5085, 29 FR 14571, Oct.

24, 1964, unless otherwise noted. of the corresponding provisional type certificate, amendment to a provi- § 21.211 Applicability.

sional type certificate, or provisional amendment to the type certificate.

This subpart prescribes procedural requirements for the issue of provi- § 21.219 Transferability.

sional airworthiness certificates.

Class I provisional airworthiness cer- § 21.213 Eligibility.

tificates are not transferable. Class II (a) A manufacturer who is a United provisional airworthiness certificates States citizen may apply for a Class I may be transferred to an air carrier eli- or Class II provisional airworthiness gible to apply for a certificate under certificate for aircraft manufactured § 21.213(b).

by him within the U.S.

§ 21.221 Class I provisional airworthi- (b) Any holder of an air carrier oper- ness certificates.

ating certificate under Part 121 of this chapter who is a United States citizen (a) Except as provided in § 21.225, an may apply for a Class II provisional applicant is entitled to a Class I provi- airworthiness certificate for transport sional airworthiness certificate for an category aircraft that meet either of aircraft for which a Class I provisional the following: type certificate has been issued if— (1) The aircraft has a current Class II (1) He meets the eligibility require- provisional type certificate or an ments of § 21.213 and he complies with amendment thereto. this section; and (2) The aircraft has a current provi- (2) The FAA finds that there is no sional amendment to a type certificate feature, characteristic or condition of that was preceded by a corresponding the aircraft that would make the air- Class II provisional type certificate. craft unsafe when operated in accord- (c) An aircraft engine manufacturer ance with the limitations established who is a United States citizen and who in §§ 21.81(e) and 91.317 of this sub- has altered a type certificated aircraft chapter.

14 CFR Ch. I (1–1–25 Edition) § 21.223 (b) The manufacturer must hold a by §§ 21.83(h), 91.317, and 121.207 of this provisional type certificate for the air- chapter.

craft.

[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as (c) The manufacturer must submit a amended by Amdt. 21–12, 31 FR 13389, Oct. 15, statement that the aircraft conforms 1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989; to the type design corresponding to the Amdt. 21–92, 74 FR 53390, Oct. 16, 2009] provisional type certificate and has § 21.225 Provisional airworthiness cer- been found by him to be in safe oper- tificates corresponding with provi- ating condition under all applicable sional amendments to type certifi- limitations.

cates.

(d) The aircraft must be flown at (a) An applicant is entitled to a Class least five hours by the manufacturer.

I or a Class II provisional airworthiness (e) The aircraft must be supplied certificate, for an aircraft, for which a with a provisional aircraft flight man- provisional amendment to the type ual or other document and appropriate certificate has been issued, if— placards containing the limitations es- (1) He meets the eligibility require- tablished by §§ 21.81(e) and 91.317.

ments of § 21.213 and he complies with [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as this section; and amended by Amdt. 21–66, 54 FR 34329, Aug. 18, (2) The FAA finds that there is no 1989] feature, characteristic, or condition of the aircraft, as modified in accordance § 21.223 Class II provisional airworthi- with the provisionally amended type ness certificates.

certificate, that would make the air- (a) Except as provided in § 21.225, an craft unsafe when operated in accord- applicant is entitled to a Class II provi- ance with the applicable limitations sional airworthiness certificate for an established in §§ 21.85(g), 91.317, and aircraft for which a Class II provisional 121.207 of this chapter.

type certificate has been issued if— (b) The applicant must show that the (1) He meets the eligibility require- modification was made under a quality ments of § 21.213 and he complies with system adequate to ensure that the this section; and modification conforms to the provi- (2) The FAA finds that there is no sionally amended type certificate.

feature, characteristic, or condition of (c) The applicant must submit a the aircraft that would make the air- statement that the aircraft has been craft unsafe when operated in accord- found by him to be in a safe operating ance with the limitations established condition under the applicable limita- in §§ 21.83(h), 91.317, and 121.207 of this tions.

chapter.

(d) The aircraft must be flown at (b) The applicant must show that a least five hours by the manufacturer.

Class II provisional type certificate for (e) The aircraft must be supplied the aircraft has been issued to the with a provisional aircraft flight man- manufacturer.

ual or other document and appropriate (c) The applicant must submit a placards containing the limitations re- statement by the manufacturer that quired by §§ 21.85(g), 91.317, and 121.207 the aircraft has been manufactured of this chapter.

under a quality system adequate to en- [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as sure that the aircraft conforms to the amended by Amdt. 21–12, 31 FR 13389, Oct. 15, type design corresponding with the 1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989; provisional type certificate.

Amdt. 21–92, 74 FR 53390, Oct. 16, 2009] (d) The applicant must submit a statement that the aircraft has been Subpart J [ Reserved ] found by him to be in a safe operating condition under the applicable limita- Subpart K—Parts Manufacturer tions.

(e) The aircraft must be flown at Approvals least five hours by the manufacturer.

(f) The aircraft must be supplied with S OURCE : Docket No. FAA–2006–25877, Amdt.

a provisional aircraft flight manual 21–92, 74 FR 53390, Oct. 16, 2009, unless other- containing the limitations established wise noted.

Federal Aviation Administration, DOT § 21.309 § 21.301 Applicability. § 21.305 Organization.

(a) Each applicant for or holder of a This subpart prescribes— PMA must provide the FAA with a doc- (a) Procedural requirements for ument— issuing PMAs; and (1) Describing how its organization (b) Rules governing holders of PMAs.

will ensure compliance with the provi- sions of this subpart; § 21.303 Application.

(2) Describing assigned responsibil- (a) The applicant for a PMA must ities, delegated authorities, and the apply in a form and manner prescribed functional relationship of those respon- by the FAA, and include the following: sible for quality to management and (1) The identity of the product on other organizational components; and which the article is to be installed.

(3) Identifying an accountable man- (2) The name and address of the man- ager.

ufacturing facilities at which these ar- (b) The accountable manager speci- ticles are to be manufactured. fied in paragraph (a) of this section must be responsible within the appli- (3) The design of the article, which cant’s or production approval holder’s consists of— organization for, and have authority (i) Drawings and specifications nec- over, all production operations con- essary to show the configuration of the ducted under this part. The account- article; and able manager must confirm that the (ii) Information on dimensions, mate- procedures described in the quality rials, and processes necessary to define manual required by § 21.308 are in place the structural strength of the article.

and that the production approval hold- (4) Test reports and computations er satisfies the requirements of the ap- necessary to show that the design of plicable regulations of subchapter C, the article meets the airworthiness re- Aircraft. The accountable manager quirements of this subchapter. The test must serve as the primary contact with reports and computations must be ap- the FAA.

plicable to the product on which the [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR article is to be installed, unless the ap- 59031, Oct. 1, 2015] plicant shows that the design of the ar- ticle is identical to the design of a arti- § 21.307 Quality system.

cle that is covered under a type certifi- Each applicant for or holder of a cate. If the design of the article was ob- PMA must establish a quality system tained by a licensing agreement, the that meets the requirements of § 21.137.

applicant must provide evidence of that agreement.

§ 21.308 Quality manual.

(5) An applicant for a PMA based on Each applicant for or holder of a test reports and computations must PMA must provide a manual describing provide a statement certifying that the its quality system to the FAA for ap- applicant has complied with the air- proval. The manual must be in the worthiness requirements of this sub- English language and retrievable in a chapter.

form acceptable to the FAA.

(b) Each applicant for a PMA must § 21.309 Location of or change to man- make all inspections and tests nec- ufacturing facilities.

essary to determine— (a) An applicant may obtain a PMA (1) Compliance with the applicable for manufacturing facilities located airworthiness requirements; outside of the United States if the FAA (2) That materials conform to the finds no undue burden in administering specifications in the design; the applicable requirements of Title 49 (3) That the article conforms to its U.S.C. and this subchapter.

approved design; and (b) The PMA holder must obtain FAA (4) That the manufacturing proc- approval before making any changes to esses, construction, and assembly con- the location of any of its manufac- form to those specified in the design.

turing facilities.

14 CFR Ch. I (1–1–25 Edition) § 21.310 (c) The PMA holder must imme- (d) Mark the PMA article for which diately notify the FAA, in writing, of an approval has been issued. Marking any change to the manufacturing fa- must be in accordance with part 45 of cilities that may affect the inspection, this chapter, including any critical conformity, or airworthiness of its parts; PMA article. (e) Identify any portion of the PMA article ( e.g., sub-assemblies, component § 21.310 Inspections and tests.

parts, or replacement articles) that leave the manufacturer’s facility as (a) Each applicant for or holder of a FAA approved with the manufacturer’s PMA must allow the FAA to inspect its part number and name, trademark, quality system, facilities, technical symbol, or other FAA approved manu- data, and any manufactured articles facturer’s identification; and witness any tests, including any (f) Have access to design data nec- inspections or tests at a supplier facil- essary to determine conformity and ity, necessary to determine compliance airworthiness for each article produced with this subchapter.

under the PMA; (b) Unless otherwise authorized by (g) Retain each document granting the FAA, the applicant or holder— PMA and make it available to the FAA (1) May not present any article to the upon request; and FAA for an inspection or test unless (h) Make available to the FAA infor- compliance with § 21.303(b)(2) through mation regarding all delegation of au- (4) has been shown for that article; and thority to suppliers.

(2) May not make any change to an article between the time that compli- § 21.319 Design changes.

ance with § 21.303(b)(2) through (4) is shown for that article and the time (a) Classification of design changes. (1) that the article is presented to the A ‘‘minor change’’ to the design of an FAA for the inspection or test. article produced under a PMA is one that has no appreciable effect on the § 21.311 Issuance.

approval basis.

(2) A ‘‘major change’’ to the design of The FAA issues a PMA after finding an article produced under a PMA is any that the applicant complies with the change that is not minor.

requirements of this subpart and the (b) Approval of design changes. (1) design complies with the requirements Minor changes to the basic design of a of this chapter applicable to the prod- PMA may be approved using a method uct on which the article is to be in- acceptable to the FAA.

stalled.

(2) The PMA holder must obtain FAA § 21.313 Duration. approval of any major change before including it in the design of an article A PMA is effective until surrendered, produced under a PMA.

withdrawn, or the FAA otherwise ter- minates it.

§ 21.320 Changes in quality system.

§ 21.314 Transferability.

After the issuance of a PMA— (a) Each change to the quality sys- The holder of a PMA may not trans- tem is subject to review by the FAA; fer the PMA.

and (b) The holder of the PMA must im- § 21.316 Responsibility of holder.

mediately notify the FAA, in writing, Each holder of a PMA must— of any change that may affect the in- (a) Amend the document required by spection, conformity, or airworthiness § 21.305 as necessary to reflect changes of its article.

in the organization and provide these amendments to the FAA; Subpart L—Export Airworthiness (b) Maintain the quality system in compliance with the data and proce- Approvals dures approved for the PMA; (c) Ensure that each PMA article S OURCE : Docket No. FAA–2006–25877, Amdt.

conforms to its approved design and is 21–92, 74 FR 53391, Oct. 16, 2009, unless other- in a condition for safe operation; wise noted.

Federal Aviation Administration, DOT § 21.335 (1) The importing country or jurisdic- § 21.321 Applicability.

tion accepts, in a form and manner ac- This subpart prescribes— ceptable to the FAA, a deviation from (a) Procedural requirements for that requirement; and issuing export airworthiness approvals; (2) The export certificate of air- and worthiness lists as an exception any (b) Rules governing the holders of difference between the aircraft to be those approvals.

exported and its type design.

§ 21.325 Export airworthiness approv- § 21.331 Issuance of export airworthi- als.

ness approvals for aircraft engines, (a) An export airworthiness approval propellers, and articles.

for an aircraft is issued in the form of (a) A person may obtain from the an export certificate of airworthiness.

FAA an export airworthiness approval This certificate does not authorize op- to export a new aircraft engine, pro- eration of that aircraft.

peller, or article that is manufactured (b) The FAA prescribes the form and under this part if it conforms to its ap- manner in which an export airworthi- proved design and is in a condition for ness approval for an aircraft engine, safe operation.

propeller, or article is issued.

(b) A new aircraft engine, propeller, (c) If the FAA finds no undue burden or article need not meet a requirement in administering the applicable re- of paragraph (a) of this section if— quirements of Title 49 U.S.C. and this (1) The importing country or jurisdic- subchapter, an export airworthiness tion accepts, in a form and manner ac- approval may be issued for a product or ceptable to the FAA, a deviation from article located outside of the United that requirement; and States.

(2) The export airworthiness approval lists as an exception any difference be- § 21.327 Application.

tween the aircraft engine, propeller, or Any person may apply for an export article to be exported and its approved airworthiness approval. Each applicant design.

must apply in a form and manner pre- (c) A person may obtain from the scribed by the FAA.

FAA an export airworthiness approval to export a used aircraft engine, pro- § 21.329 Issuance of export certificates peller, or article if it conforms to its of airworthiness.

approved design and is in a condition (a) A person may obtain from the for safe operation.

FAA an export certificate of airworthi- (d) A used aircraft engine or propeller ness for an aircraft if— need not meet a requirement of para- (1) A new or used aircraft manufac- graph (c) of this section if— tured under subpart F or G of this part (1) The importing country or jurisdic- meets the airworthiness requirements tion accepts, in a form and manner ac- under subpart H of this part for a— ceptable to the FAA, a deviation from (i) Standard airworthiness certifi- that requirement; and cate; or (2) The export airworthiness approval (ii) Special airworthiness certificate lists as an exception any difference be- in either the ‘‘primary’’ or the ‘‘re- tween the used aircraft engine or pro- stricted’’ category; or peller to be exported and its approved (2) A new or used aircraft not manu- design.

factured under subpart F or G of this § 21.335 Responsibilities of exporters.

part has a valid— (i) Standard airworthiness certifi- Unless otherwise agreed to by the im- cate; or porting country or jurisdiction, each (ii) Special airworthiness certificate exporter must— in either the ‘‘primary’’ or the ‘‘re- (a) Forward to the importing country stricted’’ category. or jurisdiction all documents specified (b) An aircraft need not meet a re- by that country or jurisdiction; quirement specified in paragraph (a) of (b) Preserve and package products this section, as applicable, if— and articles as necessary to protect 14 CFR Ch. I (1–1–25 Edition) § 21.500 them against corrosion and damage provisions of that agreement certifying during transit or storage and state the that the individual aircraft engine or duration of effectiveness of such pres- propeller— ervation and packaging; (1) Conforms to its U.S. type certifi- (c) Remove or cause to be removed cate and is in condition for safe oper- any temporary installation incor- ation; and porated on an aircraft for the purpose (2) Has been subjected by the manu- of export delivery and restore the air- facturer to a final operational check.

craft to the approved configuration § 21.502 Acceptance of articles.

upon completion of the delivery flight; (d) Secure all proper foreign entry An article (including an article pro- clearances from all the countries or ju- duced under a letter of TSO design ap- risdictions involved when conducting proval) manufactured in a foreign sales demonstrations or delivery country or jurisdiction meets the re- flights; and quirements for acceptance under this (e) When title to an aircraft passes or subchapter if— has passed to a foreign purchaser— (a) That country or jurisdiction is (1) Request cancellation of the U.S.

subject to the provisions of an agree- registration and airworthiness certifi- ment with the United States for the ac- cates from the FAA, giving the date of ceptance of that article; transfer of title, and the name and ad- (b) That article is marked in accord- dress of the foreign owner; ance with part 45 of this chapter; and (2) Return the Registration and Air- (c) An export airworthiness approval worthiness Certificates to the FAA; has been issued in accordance with the and provisions of that agreement for that (3) Provide a statement to the FAA article for import into the United certifying that the U.S. identification States.

and registration numbers have been re- moved from the aircraft in compliance Subpart O—Technical Standard with § 45.33.

Order Approvals Subpart M [ Reserved ] S OURCE : Docket No. FAA–2006–25877, Amdt.

21–92, 74 FR 53392, Oct. 16, 2009, unless other- Subpart N—Acceptance of Air- wise noted.

craft Engines, Propellers, and § 21.601 Applicability and definitions.

Articles for Import (a) This subpart prescribes— (1) Procedural requirements for S OURCE : Docket No. FAA–2006–25877, 74 FR issuing TSO authorizations; 53392, Amdt. 21–92, Oct. 16, 2009, unless other- (2) Rules governing the holders of wise noted.

TSO authorizations; and § 21.500 Acceptance of aircraft engines (3) Procedural requirements for and propellers.

issuing letters of TSO design approval.

An aircraft engine or propeller manu- (b) For the purposes of this subpart— factured in a foreign country or juris- (1) A TSO issued by the FAA is a diction meets the requirements for ac- minimum performance standard for ceptance under this subchapter if— specified articles used on civil aircraft; (a) That country or jurisdiction is (2) A TSO authorization is an FAA subject to the provisions of an agree- design and production approval issued ment with the United States for the ac- to the manufacturer of an article that ceptance of that product; has been found to meet a specific TSO; (b) That product is marked in accord- (3) A letter of TSO design approval is ance with part 45 of this chapter; and an FAA design approval for an article (c) The holder or licensee of a U.S. that has been found to meet a specific type certificate for that product fur- TSO in accordance with the procedures nishes with each such aircraft engine of § 21.621; or propeller imported into the United (4) An article manufactured under a States, an export airworthiness ap- TSO authorization, an FAA letter of proval issued in accordance with the acceptance as described in § 21.613(b), or Federal Aviation Administration, DOT § 21.609 an article manufactured under a letter (2) Describing assigned responsibil- of TSO design approval described in ities, delegated authorities, and the § 21.621 is an approved article for the functional relationship of those respon- purpose of meeting the regulations of sible for quality to management and this chapter that require the article to other organizational components; and be approved; and (3) Identifying an accountable man- (5) An article manufacturer is the ager.

person who controls the design and (b) The accountable manager speci- quality of the article produced (or to be fied in paragraph (a) of this section produced, in the case of an applica- must be responsible within the appli- tion), including any related parts, proc- cant’s or production approval holder’s esses, or services procured from an out- organization for, and have authority side source. over, all production operations con- ducted under this part. The account- § 21.603 Application.

able manager must confirm that the procedures described in the quality (a) An applicant for a TSO authoriza- manual required by § 21.608 are in place tion must apply in the form and man- and that the production approval hold- ner prescribed by the FAA. The appli- er satisfies the requirements of the ap- cant must include the following docu- plicable regulations of subchapter C, ments in the application: Aircraft. The accountable manager (1) A statement of conformance certi- must serve as the primary contact with fying that the applicant has met the the FAA.

requirements of this subpart and that the article concerned meets the appli- [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR cable TSO that is effective on the date 59032, Oct. 1, 2015] of application for that article.

§ 21.607 Quality system.

(2) One copy of the technical data re- quired in the applicable TSO.

Each applicant for or holder of a TSO (b) If the applicant anticipates a se- authorization must establish a quality ries of minor changes in accordance system that meets the requirements of with § 21.619, the applicant may set § 21.137.

forth in its application the basic model § 21.608 Quality manual.

number of the article and the part number of the components with open Each applicant for or holder of a TSO brackets after it to denote that suffix authorization must provide a manual change letters or numbers (or combina- describing its quality system to the tions of them) will be added from time FAA for approval. The manual must be to time.

in the English language and retrievable (c) If the application is deficient, the in a form acceptable to the FAA.

applicant must, when requested by the FAA, provide any additional informa- § 21.609 Location of or change to man- ufacturing facilities.

tion necessary to show compliance with this part. If the applicant fails to (a) An applicant may obtain a TSO provide the additional information authorization for manufacturing facili- within 30 days after the FAA’s request, ties located outside of the United the FAA denies the application and no- States if the FAA finds no undue bur- tifies the applicant.

den in administering the applicable re- quirements of Title 49 U.S.C. and this [Docket No. FAA–2006–25877, Amdt. 21–92, 74 subchapter.

FR 53392, Oct. 16, 2009, as amended by Doc.

(b) The TSO authorization holder No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] must obtain FAA approval before mak- ing any changes to the location of any § 21.605 Organization.

of its manufacturing facilities.

(a) Each applicant for or holder of a (c) The TSO authorization holder TSO authorization must provide the must immediately notify the FAA, in FAA with a document— writing, of any change to the manufac- (1) Describing how its organization turing facilities that may affect the in- will ensure compliance with the provi- spection, conformity, or airworthiness sions of this subpart; of its product or article.

14 CFR Ch. I (1–1–25 Edition) § 21.610 this chapter, including any critical § 21.610 Inspections and tests.

parts; Each applicant for or holder of a TSO (e) Identify any portion of the TSO authorization must allow the FAA to article (e.g., sub-assemblies, compo- inspect its quality system, facilities, nent parts, or replacement articles) technical data, and any manufactured that leave the manufacturer’s facility articles and witness any tests, includ- as FAA approved with the manufactur- ing any inspections or tests at a sup- er’s part number and name, trademark, plier facility, necessary to determine symbol, or other FAA approved manu- compliance with this subchapter.

facturer’s identification; (f) Have access to design data nec- § 21.611 Issuance.

essary to determine conformity and If the FAA finds that the applicant airworthiness for each article produced complies with the requirements of this under the TSO authorization. The man- subchapter, the FAA issues a TSO au- ufacturer must retain this data until it thorization to the applicant (including no longer manufactures the article. At all TSO deviations granted to the ap- that time, copies of the data must be plicant).

sent to the FAA; (g) Retain its TSO authorization and § 21.613 Duration.

make it available to the FAA upon re- (a) A TSO authorization or letter of quest; and TSO design approval is effective until (h) Make available to the FAA infor- surrendered, withdrawn, or otherwise mation regarding all delegation of au- terminated by the FAA. thority to suppliers.

(b) If a TSO is revised or canceled, § 21.618 Approval for deviation.

the holder of an affected FAA letter of acceptance of a statement of conform- (a) Each manufacturer who requests ance, TSO authorization, or letter of approval to deviate from any perform- TSO design approval may continue to ance standard of a TSO must show that manufacture articles that meet the factors or design features providing an original TSO without obtaining a new equivalent level of safety compensate acceptance, authorization, or approval for the standards from which a devi- but must comply with the require- ation is requested.

ments of this chapter.

(b) The manufacturer must send re- quests for approval to deviate, together § 21.614 Transferability.

with all pertinent data, to the FAA. If The holder of a TSO authorization or the article is manufactured under the letter of TSO design approval may not authority of a foreign country or juris- transfer the TSO authorization or let- diction, the manufacturer must send ter of TSO design approval. requests for approval to deviate, to- gether with all pertinent data, through § 21.616 Responsibility of holder.

the civil aviation authority of that country or jurisdiction to the FAA.

Each holder of a TSO authorization must— [Docket No. FAA–2006–25877, Amdt. 21–92, 74 (a) Amend the document required by FR 53392, Oct. 16, 2009, as amended by Doc.

§ 21.605 as necessary to reflect changes No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] in the organization and provide these amendments to the FAA.

§ 21.619 Design changes.

(b) Maintain a quality system in compliance with the data and proce- (a) Minor changes by the manufacturer dures approved for the TSO authoriza- holding a TSO authorization. The manu- tion; facturer of an article under an author- (c) Ensure that each manufactured ization issued under this part may article conforms to its approved design, make minor design changes (any is in a condition for safe operation, and change other than a major change) meets the applicable TSO; without further approval by the FAA.

(d) Mark the TSO article for which In this case, the changed article keeps an approval has been issued. Marking the original model number (part num- must be in accordance with part 45 of bers may be used to identify minor Federal Aviation Administration, DOT Pt. 23 changes) and the manufacturer must (i) The State of Design certifies that forward to the FAA, any revised data the article has been examined, tested, that are necessary for compliance with and found to meet the applicable TSO § 21.603(a). or the applicable performance stand- ards of the State of Design and any (b) Major changes by the manufacturer other performance standards the FAA holding a TSO authorization. Any design may prescribe to provide a level of change by the manufacturer extensive safety equivalent to that provided by enough to require a substantially com- the TSO; and plete investigation to determine com- pliance with a TSO is a major change. (ii) The manufacturer has provided to Before making a major change, the the FAA one copy of the technical data manufacturer must assign a new type required in the applicable performance or model designation to the article and standard through its State of Design.

apply for an authorization under (b) The FAA issues the letter of TSO § 21.603. design approval that lists any devi- ation granted under § 21.618.

(c) Changes by persons other than the manufacturer. No design change by any [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR person (other than the manufacturer 53392, Oct. 16, 2009, as amended by Amdt. 21– who provided the statement of con- 92A, 75 FR 9095, Mar. 1, 2010] formance for the article) is eligible for approval under this part unless the per- Subpart P—Special Federal son seeking the approval is a manufac- Aviation Regulations turer and applies under § 21.603(a) for a separate TSO authorization. Persons S OURCE : Docket No. FAA–2011–0186, Amdt.

other than a manufacturer may obtain 21–92, 76 FR 12555, Mar. 8, 2011, unless other- approval for design changes under part wise noted.

43 or under the applicable airworthi- ness regulations of this chapter.

§ 21.700 SFAR No. 111—Lavatory Oxy- gen Systems.

[Docket No. FAA–2006–25877, Amdt. 21–92, 74 FR 53392, Oct. 16, 2009, as amended by Doc.

The requirements of § 121.1500 of this No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, chapter also apply to this part.

Mar. 5, 2018; Doc. No. FAA–2022–1355, Amdt.

21–106, 87 FR 75710, Dec. 9, 2022] PART 23—AIRWORTHINESS STAND- § 21.620 Changes in quality system.

ARDS: NORMAL CATEGORY AIR- PLANES After the issuance of a TSO author- ization— (a) Each change to the quality sys- Sec.

tem is subject to review by the FAA; 23.1457 Cockpit voice recorders.

23.1459 Flight data recorders.

and 23.1529 Instructions for continued air- (b) The holder of the TSO authoriza- worthiness.

tion must immediately notify the FAA, in writing, of any change that may af- Subpart A—General fect the inspection, conformity, or air- worthiness of its article. 23.2000 Applicability and definitions.

23.2005 Certification of normal category air- § 21.621 Issue of letters of TSO design planes.

approval: Import articles.

23.2010 Accepted means of compliance.

(a) The FAA may issue a letter of Subpart B—Flight TSO design approval for an article— (1) Designed and manufactured in a P ERFORMANCE foreign country or jurisdiction subject 23.2100 Weight and center of gravity.

to the export provisions of an agree- 23.2105 Performance data.

ment with the United States for the ac- 23.2110 Stall speed.

ceptance of these articles for import; 23.2115 Takeoff performance.

and 23.2120 Climb requirements.

(2) For import into the United States 23.2125 Climb information.

if— 23.2130 Landing.