(a) The applicant is entitled to a type certificate for an aircraft in the primary category if -
(1) The aircraft -
(i) Is unpowered; is an airplane powered by a single, naturally aspirated engine with a 61-knot or less Vso stall speed as determined under part 23 of this chapter; or is a rotorcraft with a 6-pound per square foot main rotor disc loading limitation, under sea level standard day conditions;
(ii) Weighs not more than 2,700 pounds; or, for seaplanes, not more than 3,375 pounds;
(iii) Has a maximum seating capacity of not more than four persons, including the pilot; and
(iv) Has an unpressurized cabin.
(2) The applicant has submitted -
(i) Except as provided by paragraph (c) of this section, a statement, in a form and manner acceptable to the FAA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards and noise requirements established for the aircraft under § 21.17(f); and no feature or characteristic makes it unsafe for its intended use;
(ii) The flight manual required by § 21.5(b), including any information required to be furnished by the applicable airworthiness standards;
(iii) Instructions for continued airworthiness in accordance with § 21.50(b); and
(iv) A report that: summarizes how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations that the applicant must retain and make available under § 21.49 to substantiate compliance with the applicable airworthiness standards.
(3) The FAA finds that -
(i) The aircraft complies with those applicable airworthiness requirements approved under § 21.17(f) of this part; and
(ii) The aircraft has no feature or characteristic that makes it unsafe for its intended use.
(b) An applicant may include a special inspection and preventive maintenance program as part of the aircraft's type design or supplemental type design.
(c) For aircraft manufactured outside of the United States in a country with which the United States has a bilateral airworthiness agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into the United States -
(1) The statement required by paragraph (a)(2)(i) of this section must be made by the civil airworthiness authority of the exporting country; and
(2) The required manuals, placards, listings, instrument markings, and documents required by paragraphs (a) and (b) of this section must be submitted in English.
[Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as amended by Amdt. 21-75, 62 FR 62808, Nov. 25, 1997; Doc. No. FAA-2015-1621, Amdt. 21-100, 81 FR 96689, Dec. 30, 2016]