FAR 21.47 — Type Certificate Transfers
FAR 21.47 explains how a type certificate can be transferred or licensed, including FAA notification requirements and rules when the State of Design changes.
In Plain English
FAR 21.47 governs how a type certificate (TC) — the FAA's approval of an aircraft, engine, or propeller design — can be transferred or licensed to another person. While most student pilots won't deal with this directly, it's important context for understanding how aircraft designs move between manufacturers and across borders.
Key points:
- A TC holder may transfer the certificate outright or make it available to others through licensing agreements.
- For a transfer where the State of Design stays the same, the transferor must notify the FAA in writing beforehand, including the TC number, the transferee's name and address, and the anticipated transfer date.
- For a transfer where the State of Design changes, the transfer is only allowed if the U.S. has an import/export agreement with that other State of Design. The transferor must notify the FAA in advance with the TC number; the transferee's name, address, and country; and the anticipated date.
- Before executing or terminating a licensing agreement, the TC holder must notify the FAA in writing with the TC number, licensee's name and address, the extent of authority granted, and the anticipated date.
Operationally, this ensures the FAA always knows who is responsible for a certificated design's continued airworthiness.
Regulation Text
14 CFR § 21.47§ 21.47 Transferability.
(a) A holder of a type certificate may transfer it or make it available to other persons by licensing agreements.
(b) For a type certificate transfer in which the State of Design will remain the same, each transferor must, before such a transfer, notify the FAA in writing. This notification must include the applicable type certificate number, the name and address of the transferee, and the anticipated date of the transfer.
(c) For a type certificate transfer in which the State of Design is changing, a type certificate may only be transferred to or from a person subject to the authority of another State of Design if the United States has an agreement with that State of Design for the acceptance of the affected product for export and import. Each transferor must notify the FAA before such a transfer in a form and manner acceptable to the FAA. This notification must include the applicable type certificate number; the name, address, and country of residence of the transferee; and the anticipated date of the transfer.
(d) Before executing or terminating a licensing agreement that makes a type certificate available to another person, the type certificate holder must notify the FAA in writing. This notification must include the type certificate number addressed by the licensing agreement, the name and address of the licensee, the extent of authority granted the licensee, and the anticipated date of the agreement.
[Doc. No. FAA-2006-25877, Amdt. 21-92, 74 FR 53386, Oct. 16, 2009; Doc. No. FAA-2018-0119, Amdt. 21-101, 83 FR 9169, Mar. 5, 2018]
Oral Exam Questions a DPE Might Ask
Q1Can a type certificate holder transfer the certificate to someone else?
Yes. Under FAR 21.47, a TC holder may transfer the certificate or make it available to others through licensing agreements, subject to FAA notification requirements.
Q2What must a transferor tell the FAA before transferring a type certificate when the State of Design stays the same?
Per FAR 21.47(b), the transferor must notify the FAA in writing beforehand and include the type certificate number, the transferee's name and address, and the anticipated date of the transfer.
Q3What additional condition applies when transferring a type certificate to a person under another State of Design?
FAR 21.47(c) allows such a transfer only if the United States has an agreement with that State of Design for acceptance of the affected product for export and import, and the FAA must be notified in advance with the TC number and the transferee's name, address, and country of residence.
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Related Sections in Part 21