(f) Content of orders. The final decision, may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, under the program involved, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part, including provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the Administrator that it will fully comply with this part. § 15.19

Judicial review.

Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. 15.21 Effect on other regulations; forms and instructions.

(a) Effect on other regulations. All regulations, orders, or like directions issued by any official of the FAA before the effective date of this part and which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction before the effective date of this part. Nothing in this part, however, supersedes any of the following (including future amendments thereof):

(1) Executive Orders 10925 and 11114 and regulations issued thereunder; or

(2) Any other regulations or instructions, insofar as such regulations or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground.

(b) Forms and instructions. The FAA will issue and promptly make available to interested persons forms and detailed instructions and procedures necessary for effectuating this part as applied to programs to which this part applies.

(c) Supervision and coordination. The Administrator may from time to time assign to officials of other departments or agencies of the Government with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of title VI of the Act and this part (other than responsibility for final decision as provided in § 15.17), including the achievement of effective coordination and maximum uniformity within the Executive Branch of the Government in the application of title VI and this part to similar programs and in similar situations.

§ 15.23 Definitions.

As used in this part

(a) "Federal financial assistance" includes:

(1) Grants and loans of Federal funds;

(2) The grant or donation of Federal property and interests in property;

(3) The detail of Federal personnel; (4) The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient; and

(5) Any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

(b) "Program" includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including work opportunities), or for the provision of facilities for furnishing services, financial aid or other benefits to individuals. The services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any

services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such nonFederal resources.

(c) "Facility" includes all or any part of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(d) "Recipient" means any State, territory, possession, the District of Columbia, or Puerto Rico, or any political subdivision thereof, or instrumentality thereof, any public or private agency, institution, or organization, or other entity, or any individual, in any State, territory, possession, the District of Columbia, or Puerto Rico, to whom Federal

financial assistance is extended, directly or through another recipient, for any program, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary under any such program.

(e) "Primary recipient" means any recipient that is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.

(f) "Applicant" means a person who submits an application, request, or plan required to be approved by the Administrator, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and "application" means such an application, request, or plan. APPENDIX A-PROGRAMS TO WHICH THIS PART APPLIES

1. Federal-aid Airport Program (Secs. 1-15 and 17-20 of the Federal Airport Act, 49 U.S.C. 1101-1114, 1116-1120).

2. Acquisition of U.S. Land for Public Airports:

a. Section 16 of the Federal Airport Act (49 U.S.C. 1115); and

b. Surplus Property Act (sec. 13(g) of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g), and sec. 3 of the Act of October 1, 1949, 50 U.S.C. App. 1622b).

21.461

21.463

21.473

Equivalent safety provisions.

Supplemental type certificates. Airworthiness certificates other than experimental.

21.475 Experimental certificates.

21.477 Data review and service experience. 21.493 Current records

AUTHORITY: The provisions of this Part 21 issued under secs. 311, 313 (a), 314, 601, 603, 607, 608, 609, 1102, 72 Stat. 751, 752, 754, 779, 797; 49 U.S.C. 1352, 1354, 1355, 1421, 1423, 1427, 1428, 1429, 1502.

NOTE: For miscellaneous amendments to cross references in this Part 21 see Amdt. 21-10, 31 F.R. 9211, July 6, 1966.

§ 21.1

Subpart A-General
Applicability.

(a) This part prescribes

(1) Procedural requirements for the issue of type certificates and changes to those certificates; the issue of production certificates; the issue of airworthiness certificates; and the issue of export airworthiness approvals.

(2) Rules governing the holders of any certificate specified in subparagraph (1) of this paragraph; and

(3) Procedural requirements for the approval of certain materials, parts, processes, and appliances.

(b) For the purposes of this part, the word "product" means an aircraft, aircraft engine, or propeller. In addition, for the purposes of Subpart L only, it includes components and parts of aircraft, of aircraft engines, and of propellers; also parts, materials, and appliances, approved under the Technical Standard Order system.

[Doc. No. 5085, 29 F.R. 14563, Oct. 24, 1964, as amended by Amdt. 21-2, 30 F.R. 8465, July 2, 1965; Amdt. 21-6, 30 F.R. 11379, Sept. 8, 1965]

Subpart B-Type Certificates

SOURCE: The provisions of this Subpart B contained in Docket No. 5085, 29 F.R. 14564, Oct. 24, 1964.

§ 21.15

Application for type certificate.

(a) An application for a type certificate is made on a form and in a manner prescribed by the Administrator and is submitted to the appropriate FAA regional office.

(b) An application for an aircraft type certificate must be accompanied by a three-view drawing of that aircraft and available preliminary basic data.

§ 21.16 Special conditions.

(a) If the Administrator finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are is sued in accordance with paragraph (b) of this section and contain such safety standards for the aircraft, aircraft en gine or propeller as the Administrato finds necessary to establish a level o safety equivalent to that established in the regulations.

(b) Special conditions are issued t the applicant for the type certificate o the product involved as rules of particu lar applicability for his product afte affording the applicant and other inter ested persons an opportunity to partici pate in this rule making. Any specia conditions adopted under this sectio may be subsequently published in th FEDERAL REGISTER in summary form o if the Administrator determines that th requirements of any special condition may also apply generally to other air craft, they may be issued in the form of proposed amendments to the air

worthiness parts of the regulations, in accordance with the general rule-making procedures of Part 11 of this chapter. [Amdt. 21-19, 32 F.R. 17851, Dec. 13, 1967]

§ 21.17 Designation of applicable regulations.

(a) Except as provided in § 25.2 of this chapter, an applicant for a type certificate (other than for restricted category, import, or surplus military, aircraft) 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) If the interval between the date of application for a type certificate for a product and the issue of that type certificate exceeds the applicable number of years set forth below, a new application for a type certificate must be filed. An applicant may elect to file a new application before the expiration of the specified period. In either case, paragraph (a) of this section applies to the new application as if it were an original application. The applicable time limits are as follows:

(1) Application for type certification of a transport category aircraft-five

(a) The Administrator finds that the proposed change in design, configuration, power, power limitations (engines), speed limitations (engines), or weight is so extensive that a substantially complete investigation of compliance with the applicable regulations is required;

(b) In the case of a normal, utility, acrobatic, or transport category aircraft, the proposed change is—

(1) In the number of engines or rotors; or

(2) To engines or rotors using different principles of propulsion or to rotors using different principles of operation;

(c) In the case of an aircraft engine, the proposed change is in the principle of operation; or

(d) In the case of propellers, the proposed change is in the number of blades or principle of pitch change operation. § 21.21

Issue of type certificate: normal, utility, acrobatic, and transport category aircraft; aircraft engines; propellers.

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

(b) The applicant submits the type design, test reports and computations necessary to show that the product to be certificated meets with the applicable airworthiness requirements of the Federal Aviation Regulations and any special conditions prescribed by the Administrator and the Administrator 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 airworthiness requirements of the Federal Aviation Regulations or that any 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 F.R. 14564, Oct. 24, 1964, as amended by Amdt. 21-15, 32 F.R. 3735, Mar. 4, 1967; Amdt. 21-19, 32 F.R. 17850, Dec. 13, 1967]