FAR 21.21 — Type Certificate Issuance
FAR 21.21 explains how applicants earn a type certificate for aircraft, engines, and propellers by meeting airworthiness, noise, and emissions standards.
In Plain English
FAR 21.21 sets the conditions an applicant must meet to receive a type certificate for an aircraft (normal, utility, acrobatic, commuter, or transport category), a manned free balloon, a special class of aircraft, an aircraft engine, or a propeller.
An applicant qualifies in one of two ways:
- The product qualifies under § 21.27 (covering surplus military aircraft); or
- The applicant submits the type design, test reports, and computations showing the product meets the applicable requirements, and the FAA makes the required findings.
When going the second route, the FAA must find:
- The type design and product meet applicable airworthiness, noise, fuel venting, exhaust emission, and fuel efficiency requirements (or that any airworthiness gaps are offset by factors providing an equivalent level of safety); and
- For an aircraft, no feature or characteristic makes it unsafe for the category requested.
Why it matters: the type certificate is the foundation of every airworthy design you fly. Production approvals, airworthiness certificates, and STCs all trace back to a type certificate issued under this rule.
Regulation Text
14 CFR § 21.21§ 21.21 Issue of type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers.
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]
Oral Exam Questions a DPE Might Ask
Q1What must an applicant show to be issued a type certificate for a normal category aircraft?
Per FAR 21.21, the applicant must either qualify under § 21.27 or submit the type design, test reports, and computations showing the product meets applicable airworthiness, noise, fuel venting, emissions, and fuel efficiency requirements, with the FAA making the required findings.
Q2Beyond airworthiness, what other categories of requirements must a type-certificated product meet?
FAR 21.21(b) requires the product also meet applicable aircraft noise, fuel venting, exhaust emission, and fuel efficiency requirements, plus any special conditions prescribed by the FAA.
Q3Can a type certificate be issued if some airworthiness provisions are not strictly complied with?
Yes. Under FAR 21.21(b)(1), the FAA may still issue a type certificate if any airworthiness provisions not complied with are compensated for by factors providing an equivalent level of safety.
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Related Sections in Part 21