[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR21.17]



[Page 122-123]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 21_CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS--Table of Contents

 

                       Subpart B_Type Certificates

 

Sec. 21.17  Designation of applicable regulations.



    (a) Except as provided in Sec. 23.2, Sec. 25.2, Sec. 27.2, Sec. 

29.2 and in parts 34 and 36 of this chapter, an applicant for a type 

certificate must show that the aircraft, aircraft engine, or propeller 

concerned meets--

    (1) The applicable requirements of this subchapter that are 

effective on the date of application for that certificate unless--

    (i) Otherwise specified by the Administrator; or

    (ii) Compliance with later effective amendments is elected or 

required under this section; and

    (2) Any special conditions prescribed by the Administrator.

    (b) For special classes of aircraft, including the engines and 

propellers installed thereon (e.g., gliders, airships, and other 

nonconventional aircraft), for which airworthiness standards have not 

been issued under this subchapter, the applicable requirements will be 

the portions of those other airworthiness requirements contained in 

Parts 23, 25, 27, 29, 31, 33, and 35 found by the Administrator to be 

appropriate for the aircraft and applicable to a specific type design, 

or such airworthiness criteria as the Administrator may find provide an 

equivalent level of safety to those parts.

    (c) An application for type certification of a transport category 

aircraft is effective for 5 years and an application for any other type 

certificate is effective for 3 years, unless an applicant shows at the 

time of application that his product requires a longer period of time 

for design, development, and testing, and the Administrator approves a 

longer period.

    (d) In a case where a type certificate has not been issued, or it is 

clear that a type certificate will not be issued, within the time limit 

established under



[[Page 123]]



paragraph (c) of this section, the applicant may--

    (1) File a new application for a type certificate and comply with 

all the provisions of paragraph (a) of this section applicable to an 

original application; or

    (2) File for an extension of the original application and comply 

with the applicable airworthiness requirements of this subchapter that 

were effective on a date, to be selected by the applicant, not earlier 

than the date which precedes the date of issue of the type certificate 

by the time limit established under paragraph (c) of this section for 

the original application.

    (e) If an applicant elects to comply with an amendment to this 

subchapter that is effective after the filing of the application for a 

type certificate, he must also comply with any other amendment that the 

Administrator finds is directly related.

    (f) For primary category aircraft, the requirements are:

    (1) The applicable airworthiness requirements contained in parts 23, 

27, 31, 33, and 35 of this subchapter, or such other airworthiness 

criteria as the Administrator may find appropriate and applicable to the 

specific design and intended use and provide a level of safety 

acceptable to the Administrator.

    (2) The noise standards of part 36 applicable to primary category 

aircraft.



[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21-19, 

32 FR 17851, Dec. 13, 1967; Amdt. 21-24, 34 FR 364, Jan. 10, 1969; Amdt. 

21-42, 40 FR 1033, Jan. 6, 1975; Amdt. 21-58, 50 FR 46877, Nov. 13, 

1985; Amdt. 21-60, 52 FR 8042, Mar. 13, 1987; Amdt. 21-68, 55 FR 32860, 

Aug. 10, 1990; Amdt. 21-69, 56 FR 41051, Aug. 16, 1991; Amdt. 21-70, 57 

FR 41367, Sept. 9, 1992]