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147 

Federal Aviation Administration, DOT 

§ 21.83 

amendments thereto are effective for 
the periods specified in this section. 

(b) A Class I provisional type certifi-

cate is effective for 24 months after the 
date of issue. 

(c) A Class II provisional type certifi-

cate is effective for twelve months 
after the date of issue. 

(d) An amendment to a Class I or 

Class II provisional type certificate is 
effective for the duration of the amend-
ed certificate. 

(e) A provisional amendment to a 

type certificate is effective for six 
months after its approval or until the 
amendment of the type certificate is 
approved, whichever is first. 

[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as 
amended by Amdt. 21–7, 30 FR 14311, Nov. 16, 
1965] 

§ 21.79

Transferability. 

Provisional type certificates are not 

transferable. 

§ 21.81

Requirements for issue and 

amendment of Class I provisional 
type certificates. 

(a) An applicant is entitled to the 

issue or amendment of a Class I provi-
sional type certificate if he shows com-
pliance with this section and the FAA 
finds that there is no feature, char-
acteristic, or condition that would 
make the aircraft unsafe when oper-
ated in accordance with the limitations 
established in paragraph (e) of this sec-
tion and in § 91.317 of this chapter. 

(b) The applicant must apply for the 

issue of a type or supplemental type 
certificate for the aircraft. 

(c) The applicant must certify that— 
(1) The aircraft has been designed and 

constructed in accordance with the air-
worthiness requirements applicable to 
the issue of the type or supplemental 
type certificate applied for; 

(2) The aircraft substantially meets 

the applicable flight characteristic re-
quirements for the type or supple-
mental type certificate applied for; and 

(3) The aircraft can be operated safe-

ly under the appropriate operating lim-
itations specified in paragraph (a) of 
this section. 

(d) The applicant must submit a re-

port showing that the aircraft had been 
flown in all maneuvers necessary to 
show compliance with the flight re-

quirements for the issue of the type or 
supplemental type certificate applied 
for, and to establish that the aircraft 
can be operated safely in accordance 
with the limitations contained in this 
subchapter. 

(e) The applicant must establish all 

limitations required for the issue of the 
type or supplemental type certificate 
applied for, including limitations on 
weights, speeds, flight maneuvers, 
loading, and operation of controls and 
equipment unless, for each limitation 
not so established, appropriate oper-
ating restrictions are established for 
the aircraft. 

(f) The applicant must establish an 

inspection and maintenance program 
for the continued airworthiness of the 
aircraft. 

(g) The applicant must show that a 

prototype aircraft has been flown for at 
least 50 hours under an experimental 
certificate issued under §§ 21.191 
through 21.195, or under the auspices of 
an Armed Force of the United States. 
However, in the case of an amendment 
to a provisional type certificate, the 
FAA may reduce the number of re-
quired flight hours. 

[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as 
amended by Amdt. 21–66, 54 FR 34329, Aug. 18, 
1989] 

§ 21.83

Requirements for issue and 

amendment of Class II provisional 
type certificates. 

(a) An applicant who manufactures 

aircraft within the United States is en-
titled to the issue or amendment of a 
Class II provisional type certificate if 
he shows compliance with this section 
and the FAA finds that there is no fea-
ture, characteristic, or condition that 
would make the aircraft unsafe when 
operated in accordance with the limi-
tations in paragraph (h) of this section, 
and §§ 91.317 and 121.207 of this chapter. 

(b) An applicant who manufactures 

aircraft in a country with which the 
United States has an agreement for the 
acceptance of those aircraft for export 
and import is entitled to the issue or 
amendment of a Class II provisional 
type certificate if the country in which 
the aircraft was manufactured certifies 

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