
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC44704]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44704. Type certificates, production certificates, and 
        airworthiness certificates
        
    (a) Type Certificates.--(1) 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) 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.

    (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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1188; Pub. L. 104-
264, title IV, Sec. 403, Oct. 9, 1996, 110 Stat. 3256.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44704(a)(1)...........................  49 App.:1423(a)(2) (1st-4th      Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                         sentences).                      503(h
), 603(a)(1) (related to
                                                                          regul
ations for appliances), (2), (b)
                                                                          (rela
ted to basis for issuing, and
                                                                          conte
nts of, certificates), (c)
                                                                          (rela
ted to basis for issuing, and
                                                                          conte
nts of, certificates), 72 Stat.
                                                                          774, 
776.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
44704(a)(2)...........................  49 App.:1423(a)(1) (related to
                                         regulations for appliances),
                                         (2) (5th, last sentences).
                                        49 App.:1655(c)(1).
44704(b)..............................  49 App.:1423(b) (related to
                                         basis for issuing, and
                                         contents of, certificates).
                                        49 App.:1655(c)(1).
44704(c)(1)...........................  49 App.:1423(c) (related to
                                         basis for issuing, and
                                         contents of, certificates).
                                        49 App.:1655(c)(1).
44704(c)(2)...........................  49 App.:1403(h).
                                        49 App.:1655(c)(1).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a)-(c)(1), the word ``Administrator'' in section 603 
of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 776) is 
retained on authority of 49:106(g).
    In subsection (a)(1), the text of 49 App.:1423(a)(2) (1st sentence 
1st-16th words) and the words ``in regulations'' are omitted as surplus. 
The words ``properly designed and manufactured, performs properly'' are 
substituted for ``of proper design, material, specification, 
construction, and performance for safe operation'' to eliminate 
unnecessary words. The word ``rules'' is omitted as being synonymous 
with ``regulations''. The words ``under section 44701(a) of this title'' 
and ``for a type certificate'' are added for clarity. The words 
``including flight tests and tests of raw materials or any part or 
appurtenance of such aircraft, aircraft engine, propeller, or 
appliance'' are omitted as surplus.
    In subsection (a)(2)(A), the words ``issuance of'' are omitted as 
surplus.
    In subsection (a)(2)(B), the words ``the duration thereof and such 
other'' are omitted as surplus. The words ``conditions, and 
limitations'' are omitted as being included in ``terms''.
    In subsection (a)(2)(C), the words ``issued for aircraft, aircraft 
engines, or propellers'' and ``all of'' are omitted as surplus. The word 
``specification'' is substituted for ``determination'' for clarity.
    In subsection (b), the word ``satisfactorily'' is omitted as 
surplus. The words ``shall inspect, and may require testing of, a 
duplicate to ensure that it conforms to the requirements of the 
certificate'' are substituted for ``shall make such inspection and may 
require such tests of any aircraft, aircraft engine, propeller, or 
appliance manufactured under a production certificate as may be 
necessary to assure manufacture of each unit in conformity with the type 
certificate or any amendment or modification thereof'' to eliminate 
unnecessary words. The words ``the duration thereof and such other . . . 
conditions, and limitations'' are omitted as surplus.
    In subsection (c)(1), the words ``may apply to'' are substituted for 
``may file with . . . an application'' to eliminate unnecessary words. 
The words ``in accordance with regulations prescribed by the Secretary 
of Transportation'' are omitted because of 49:322(a). The words ``the 
duration of such certificate, the type of service for which the aircraft 
may be used, and such other . . . conditions, and limitations'' are 
omitted as surplus.
    In subsection (c)(2), the words ``having a property interest'' are 
substituted for ``who are holders of property interests'' to eliminate 
unnecessary words.


                               Amendments

    1996--Subsecs. (b) to (d). Pub. L. 104-264 added subsec. (b) and 
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 44110, 44701, 44711, 
44715, 45302, 46310, 47531 of this title.
