49 U.S.C. § 44704 : US Code - Section 44704: Type certificates, production certificates, airworthiness certificates, and design organization certificates

Search 49 U.S.C. § 44704 : US Code - Section 44704: Type certificates, production certificates, airworthiness certificates, and design organization certificates

(a) Type Certificates. -
(1) Issuance, investigations, and tests. - The Administrator of
the Federal Aviation Administration shall issue a type
certificate for an aircraft, aircraft engine, or propeller, or
for an appliance specified under paragraph (2)(A) of this
subsection when the Administrator finds that the aircraft,
aircraft engine, propeller, or appliance is properly designed and
manufactured, performs properly, and meets the regulations and
minimum standards prescribed under section 44701(a) of this
title. On receiving an application for a type certificate, the
Administrator shall investigate the application and may conduct a
hearing. The Administrator shall make, or require the applicant
to make, tests the Administrator considers necessary in the
interest of safety.
(2) Specifications. - The Administrator may -
(A) specify in regulations those appliances that reasonably
require a type certificate in the interest of safety;
(B) include in a type certificate terms required in the
interest of safety; and
(C) record on the certificate a numerical specification of
the essential factors related to the performance of the
aircraft, aircraft engine, or propeller for which the
certificate is issued.
(3) Special rules for new aircraft and appliances. - Except as
provided in paragraph (4), if the holder of a type certificate
agrees to permit another person to use the certificate to
manufacture a new aircraft, aircraft engine, propeller, or
appliance, the holder shall provide the other person with written
evidence, in a form acceptable to the Administrator, of that
agreement. Such other person may manufacture a new aircraft,
aircraft engine, propeller, or appliance based on a type
certificate only if such other person is the holder of the type
certificate or has permission from the holder.
(4) Limitation for aircraft manufactured before august 5, 2004.
- Paragraph (3) shall not apply to a person who began the
manufacture of an aircraft before August 5, 2004, and who
demonstrates to the satisfaction of the Administrator that such
manufacture began before August 5, 2004, if the name of the
holder of the type certificate for the aircraft does not appear
on the airworthiness certificate or identification plate of the
aircraft. The holder of the type certificate for the aircraft
shall not be responsible for the continued airworthiness of the
aircraft. A person may invoke the exception provided by this
paragraph with regard to the manufacture of only one aircraft.
(b) Supplemental Type Certificates. -
(1) Issuance. - The Administrator may issue a type certificate
designated as a supplemental type certificate for a change to an
aircraft, aircraft engine, propeller, or appliance.
(2) Contents. - A supplemental type certificate issued under
paragraph (1) shall consist of the change to the aircraft,
aircraft engine, propeller, or appliance with respect to the
previously issued type certificate for the aircraft, aircraft
engine, propeller, or appliance.
(3) Requirement. - If the holder of a supplemental type
certificate agrees to permit another person to use the
certificate to modify an aircraft, aircraft engine, propeller, or
appliance, the holder shall provide the other person with written
evidence, in a form acceptable to the Administrator, of that
agreement. A person may change an aircraft, aircraft engine,
propeller, or appliance based on a supplemental type certificate
only if the person requesting the change is the holder of the
supplemental type certificate or has permission from the holder
to make the change.
(c) Production Certificates. - The Administrator shall issue a
production certificate authorizing the production of a duplicate of
an aircraft, aircraft engine, propeller, or appliance for which a
type certificate has been issued when the Administrator finds the
duplicate will conform to the certificate. On receiving an
application, the Administrator shall inspect, and may require
testing of, a duplicate to ensure that it conforms to the
requirements of the certificate. The Administrator may include in a
production certificate terms required in the interest of safety.
(d) Airworthiness Certificates. - (1) The registered owner of an
aircraft may apply to the Administrator for an airworthiness
certificate for the aircraft. The Administrator shall issue an
airworthiness certificate when the Administrator finds that the
aircraft conforms to its type certificate and, after inspection, is
in condition for safe operation. The Administrator shall register
each airworthiness certificate and may include appropriate
information in the certificate. The certificate number or other
individual designation the Administrator requires shall be
displayed on the aircraft. The Administrator may include in an
airworthiness certificate terms required in the interest of safety.
(2) A person applying for the issuance or renewal of an
airworthiness certificate for an aircraft for which ownership has
not been recorded under section 44107 or 44110 of this title must
submit with the application information related to the ownership of
the aircraft the Administrator decides is necessary to identify
each person having a property interest in the aircraft and the kind
and extent of the interest.
(e) Design Organization Certificates. -
(1) Issuance. - Beginning 7 years after the date of enactment
of this subsection, the Administrator may issue a design
organization certificate to a design organization to authorize
the organization to certify compliance with the requirements and
minimum standards prescribed under section 44701(a) for the type
certification of aircraft, aircraft engines, propellers, or
appliances.
(2) Applications. - On receiving an application for a design
organization certificate, the Administrator shall examine and
rate the design organization submitting the application, in
accordance with regulations to be prescribed by the
Administrator, to determine whether the design organization has
adequate engineering, design, and testing capabilities,
standards, and safeguards to ensure that the product being
certificated is properly designed and manufactured, performs
properly, and meets the regulations and minimum standards
prescribed under section 44701(a).
(3) Issuance of type certificates based on design organization
certification. - The Administrator may rely on certifications of
compliance by a design organization when making a finding under
subsection (a).
(4) Public safety. - The Administrator shall include in a
design organization certificate issued under this subsection
terms required in the interest of safety.
(5) No effect on power of revocation. - Nothing in this
subsection affects the authority of the Secretary of
Transportation to revoke a certificate.