C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER C—AIRCRAFT › PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES › Subpart B—Type Certificates

14 C.F.R. § 21.21

Issue of type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers

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An applicant is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, or transport category, or for a manned free balloon, special class of aircraft, or an aircraft engine or propeller, if—

(a) The product qualifies under § 21.27; or

(b) The applicant submits the type design, test reports, and computations necessary to show that the product to be certificated meets the applicable airworthiness, aircraft noise, fuel venting, exhaust emission, and fuel efficiency requirements of this subchapter and any special conditions prescribed by the FAA, and the FAA finds—

(1) Upon examination of the type design, and after completing all tests and inspections, that the type design and the product meet the applicable noise, fuel venting, emissions, and fuel efficiency requirements of this subchapter, and further finds that they meet the applicable airworthiness requirements of this subchapter or that any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and

(2) For an aircraft, that no feature or characteristic makes it unsafe for the category in which certification is requested.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21-15, 32 FR 3735, Mar. 4, 1967; Amdt. 21-27, 34 FR 18368, Nov. 18, 1969; Amdt. 21-60, 52 FR 8042, Mar. 13, 1987; Amdt. 21-68, 55 FR 32860, Aug. 10, 1990; Amdt. 21-92, 74 FR 53385, Oct. 16, 2009; Amdt. No. 21-107, 89 FR 12653, Feb. 16, 2024]
Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1982–2023 · leading case: Jill Sikkelee v. Precision Airmotive Corp, 907 F.3d 701 (3rd Cir. 2018).
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Jill Sikkelee v. Precision Airmotive Corp, 907 F.3d 701 (3rd Cir. 2018). · cites it 3× “§ 44704 (a)(1) ); see also 14 C.F.R. § 21.21 . A type certificate includes the type design, which outlines the detailed specifications, dimensions, and materials used for a given product; the product's operating limitations; a "certificate data sheet," which denotes the…”
Gatx/airlog Co. Gatx Capital Corp. Airlog Mgmt. Corp. Frederick L. Hatton & Sanford P. Burnstein v. United States, 286 F.3d 1168 (9th Cir. 2002). · cites it 3× “See 14 C.F.R. §§ 21.21 (b), 21.33(b), 21.35 (2000).”
Martin Ex Rel. Heckman v. MIDWEST EXP. HOLDINGS, 555 F.3d 806 (9th Cir. 2009). · cites it 4× “" 14 C.F.R. § 21.21 . The regulations contain numerous specific requirements for the designs, largely focused on preventing crashes and limiting the seriousness of those that occur.”
Sikkelee Ex Rel. Est. of Sikkelee v. Precision Airmotive Corp., 822 F.3d 680 (3rd Cir. 2016). · cites it 2× “§ 44704 (a)(1); see also 14 C.F.R. § 21.21 . A type certificate includes the type design, which outlines the detailed specifications, dimensions, and materials used for a given product; the product’s operating limitations; a “certificate data sheet,” which denotes the conditions…”
Pridgen v. Parker Hannifin Corp., 905 A.2d 422 (Pa. 2006). · cites it 2× “§ 44704 (a), and 14 C.F.R. § 21.21 )). Since assumption of the duties and responsibilities arising out of this process are essential to manufacturing, claims arising from alleged breaches of such duties and responsibilities logically must be considered to'be asserted against the…”
Martin v. Midwest Express Holdings, Inc., 555 F.3d 806 (9th Cir. 2009). · cites it 8× “” 14 C.F.R. § 21.21 . The regulations contain numerous specific requirements for the designs, largely focused on preventing crashes and limiting the seriousness of those that occur.”
United States v. S.A. Empresa De Viacao Aerea Rio Grandense, 467 U.S. 797 (1984). “§ 1423 (a)(2); 14 CFR § 21.21 (a)(1) (1983). Production may not begin, however, until a production certificate authorizing the manufacture of duplicates of the prototype is issued.”
Damian v. Bell Helicopter Textron, Inc., 352 S.W.3d 124 (Tex. App. 2011). · cites it 2× “§ 44704 (a) (2006); 14 C.F.R. § 21.21 (2005). The manufacturer must then obtain a "production certificate" indicating the FAA's approval of the manufacturing process that will be used to construct the approved design.”
Mary Riggs v. Airbus Helicopters, Inc., 939 F.3d 981 (9th Cir. 2019). “§ 44704 (a)(1); 14 C.F.R. §§ 21.21 , et. seq. The FAA requires a supplemental type certificate (Supplemental Certificate) for any design changes to a type-certificated aircraft.”
Monroe v. Cessna Aircraft Co., 417 F. Supp. 2d 824 (E.D. Tex. 2006). · cites it 2× “§ 44704 (a); 14 C.F.R. § 21.21 . Next, a manufacturer must obtain a “production certificate,” which indicates that the FAA approves of the manufacturing process that will be used to construct the approved design.”
G.S. Rasmussen & Assocs., Inc. v. Kalitta Flying Serv., Inc. Connie Kalitta Servs., Inc. Conrad A. Kalitta, 958 F.2d 896 (9th Cir. 1992). “§ 1423(a)(2); 14 CFR § 21.21 (b). The manufacturer can then obtain a production certificate by proving to the FAA that each duplicate airplane will comply with the Type Certificate.”
Elsworth v. Beech Aircraft Corp., 691 P.2d 630 (Cal. 1984). “( 14 C.F.R. §§ 21.21 , 21.35.) An experienced manufacturer with employees qualified in the various aspects of airplane design may qualify for the “delegation option” program, which allows the manufacturer’s employees to act on behalf of the FAA to assure that all the appropriate…”
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