§ 414.23 Technical criteria for reviewing a safety element approval application.

The FAA will determine whether a safety element is eligible for and may be issued a safety element approval. The FAA will base its determination on performance-based criteria, against which it may assess the effect on public health and safety and on safety of property, in the following hierarchy: (a) FAA or other appropriate Federal regulations. (b) Government-developed or adopted standards. (c) Industry consensus performance-based criteria or standard. (d) Applicant-developed criteria. Applicant-developed criteria are performance standards customized by the manufacturer that intends to produce the system, system component, or part. The applicant-developed criteria must define— (1) Design and minimum performance; (2) Quality assurance system requirements; (3) Production acceptance test specifications; and (4) Continued operational safety monitoring system characteristics.