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

---
identifier: "/us/cfr/t14/s414.23"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "14 CFR § 414.23 - Technical criteria for reviewing a safety element approval application."
title_number: 14
title_name: "Aeronautics and Space"
section_number: "414.23"
section_name: "Technical criteria for reviewing a safety element approval application."
chapter_name: "COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "C"
subchapter_name: "LICENSING"
part_number: "414"
part_name: "SAFETY ELEMENT APPROVALS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "51 U.S.C. 50901-50923."
regulatory_source: "Doc. No. FAA-2019-0229, Amdt. 414-4, 85 FR 79711, Dec. 10, 2020, unless otherwise noted."
cfr_part: "414"
---


# 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.