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. § 21.33

Inspection and tests

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(a) Each applicant must allow the FAA to make any inspection and any flight and ground test necessary to determine compliance with the applicable requirements of this subchapter. However, unless otherwise authorized by the FAA—

(1) No aircraft, aircraft engine, propeller, or part thereof may be presented to the FAA for test unless compliance with paragraphs (b)(2) through (b)(4) of this section has been shown for that aircraft, aircraft engine, propeller, or part thereof; and

(2) No change may be made to an aircraft, aircraft engine, propeller, or part thereof between the time that compliance with paragraphs (b)(2) through (b)(4) of this section is shown for that aircraft, aircraft engine, propeller, or part thereof and the time that it is presented to the FAA for test.

(b) Each applicant must make all inspections and tests necessary to determine—

(1) Compliance with the applicable airworthiness, aircraft noise, fuel venting, and exhaust emission requirements;

(2) That materials and products conform to the specifications in the type design;

(3) That parts of the products conform to the drawings in the type design; and

(4) That the manufacturing processes, construction and assembly conform to those specified in the type design.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21-17, 32 FR 14926, Oct. 28, 1967; Amdt. 21-27, 34 FR 18363, Nov. 18, 1969; Amdt. 21-44, 41 FR 55463, Dec. 20, 1976; Amdt. 21-68, 55 FR 32860, Aug. 10, 1990; Amdt. 21-68, 55 FR 32860, Aug. 10, 1990; Amdt. 21-92, 74 FR 53386, Oct. 16, 2009]
Notes of Decisions
Cited in 8 cases, 1984–2019 · leading case: 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).
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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 2× “115 (2000); see also 14 C.F.R. § 21.33 (b). After issuing a type certificate or STC, the FAA continues to monitor the safety of the certified aircraft.”
United States v. S.A. Empresa De Viacao Aerea Rio Grandense, 467 U.S. 797 (1984). “14 CFR §§21.33 , 21.35 (1983). The applicant submits to the FAA the designs, drawings, test reports, and computations necessary to show that the aircraft sought to be certificated satisfies FAA regulations.”
Mary Riggs v. Airbus Helicopters, Inc., 939 F.3d 981 (9th Cir. 2019). “Importantly, one of the regulations circumscribing an FAA delegee’s authority to certify provides that “each applicant must allow the FAA to make any inspection and any flight RIGGS V.”
Holbrook v. United States, 673 F.3d 341 (4th Cir. 2012). “, 14 C.F.R. §§ 21.33 , 21.35. The manufacturer must then submit design documentation, test reports, and engineering computations to demonstrate that the aircraft satisfies the applicable FAA regulations.”
Gatx/airlog Co., Gatx Capital Corp., Airlog Mgmt. Corp., Frederick L. Hattonand Sanford P. Burnstein v. United States, 234 F.3d 1089 (9th Cir. 2000). · cites it 2× “115 (2000); see also 14 C.F.R. § 21.33 (b). After issuing a type certificate or STC, the FAA continues to monitor the safety of the certified aircraft.”
Waymire v. United States, 629 F. Supp. 1396 (D. Kan. 1986). “See also 14 C.F.R. § 21.33 (a). If the FAA finds that the aircraft design meets minimum safety standards, it issues the type certificate.”
Herrick v. Garvey, 200 F. Supp. 2d 1321 (D. Wyo. 2000). “14 CFR §§ 21.33 , 21.35 (1983). The applicant submits to the FAA the designs, drawings, test reports, and computations necessary to show that the aircraft sought to be certificated satisfies FAA regula-tiraos.”
Riggs v. Hecker, 325 F. Supp. 3d 1110 (D. Nev. 2018). “" 14 C.F.R. § 21.33 . Therefore, AHI's activities pursuant to its FAA delegation are rule compliance rather than rule making.”
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