166
14 CFR Ch. I (1–1–24 Edition)
§ 21.199
water, or over land areas where ade-
quate landing facilities or appropriate
fuel is not available. The excess weight
that may be authorized under this
paragraph is limited to the additional
fuel, fuel-carrying facilities, and navi-
gation equipment necessary for the
flight.
(c) Upon application, as prescribed in
§§ 91.1017 or 119.51 of this chapter, a spe-
cial flight permit with a continuing au-
thorization may be issued for aircraft
that may not meet applicable air-
worthiness requirements, but are capa-
ble of safe flight for the purpose of fly-
ing aircraft to a base where mainte-
nance or alterations are to be per-
formed. The permit issued under this
paragraph is an authorization, includ-
ing conditions and limitations for
flight, which is set forth in the certifi-
cate holder’s operations specifications.
The permit issued under this paragraph
may be issued to—
(1) Certificate holders authorized to
conduct operations under part 119 of
this chapter, that have an approved
program for continuing flight author-
ization; or
(2) Management specification holders
authorized to conduct operations under
part 91, subpart K of this chapter for
those aircraft they operate and main-
tain under a continuous airworthiness
maintenance program prescribed by
§ 91.1411 of this chapter.
[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
amended by Amdt. 21–21, 33 FR 6859, May 7,
1968; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
Amdt. 21–54, 46 FR 37878, July 23, 1981; Amdt.
21–79, 66 FR 21066, Apr. 27, 2001; Amdt. 21–84,
68 FR 54559, Sept. 17, 2003; Amdt. 21–87, 71 FR
536, Jan. 4, 2006; Amdt. 21–92, 74 FR 53389, Oct.
16, 2009]
§ 21.199
Issue of special flight permits.
(a) Except as provided in § 21.197(c),
an applicant for a special flight permit
must submit a statement in a form and
manner prescribed by the FAA, indi-
cating—
(1) The purpose of the flight.
(2) The proposed itinerary.
(3) The crew required to operate the
aircraft and its equipment, e.g., pilot,
co-pilot, navigator, etc.
(4) The ways, if any, in which the air-
craft does not comply with the applica-
ble airworthiness requirements.
(5) Any restriction the applicant con-
siders necessary for safe operation of
the aircraft.
(6) Any other information considered
necessary by the FAA for the purpose
of prescribing operating limitations.
(b) The FAA may make, or require
the applicant to make appropriate in-
spections or tests necessary for safety.
[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
amended by Amdt. 21–21, 33 FR 6859, May 7,
1968; Amdt. 21–22, 33 FR 11901, Aug. 22, 1968]
Subpart I—Provisional
Airworthiness Certificates
S
OURCE
: Docket No. 5085, 29 FR 14571, Oct.
24, 1964, unless otherwise noted.
§ 21.211
Applicability.
This subpart prescribes procedural
requirements for the issue of provi-
sional airworthiness certificates.
§ 21.213
Eligibility.
(a) A manufacturer who is a United
States citizen may apply for a Class I
or Class II provisional airworthiness
certificate for aircraft manufactured
by him within the U.S.
(b) Any holder of an air carrier oper-
ating certificate under Part 121 of this
chapter who is a United States citizen
may apply for a Class II provisional
airworthiness certificate for transport
category aircraft that meet either of
the following:
(1) The aircraft has a current Class II
provisional type certificate or an
amendment thereto.
(2) The aircraft has a current provi-
sional amendment to a type certificate
that was preceded by a corresponding
Class II provisional type certificate.
(c) An aircraft engine manufacturer
who is a United States citizen and who
has altered a type certificated aircraft
by installing different type certificated
engines, manufactured by him within
the United States, may apply for a
Class I provisional airworthiness cer-
tificate for that aircraft, if the basic
aircraft, before alteration, was type
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Federal Aviation Administration, DOT
§ 21.223
certificated in the normal, utility, ac-
robatic, commuter, or transport cat-
egory.
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–59, 52 FR 1836, Jan. 15,
1987; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001]
§ 21.215
Application.
Applications for provisional air-
worthiness certificates must be sub-
mitted to the FAA. The application
must be accompanied by the pertinent
information specified in this subpart.
[Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; 54 FR
52872, Dec. 22, 1989; Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]
§ 21.217
Duration.
Unless sooner surrendered, super-
seded, revoked, or otherwise termi-
nated, provisional airworthiness cer-
tificates are effective for the duration
of the corresponding provisional type
certificate, amendment to a provi-
sional type certificate, or provisional
amendment to the type certificate.
§ 21.219
Transferability.
Class I provisional airworthiness cer-
tificates are not transferable. Class II
provisional airworthiness certificates
may be transferred to an air carrier eli-
gible to apply for a certificate under
§ 21.213(b).
§ 21.221
Class I provisional airworthi-
ness certificates.
(a) Except as provided in § 21.225, an
applicant is entitled to a Class I provi-
sional airworthiness certificate for an
aircraft for which a Class I provisional
type certificate has been issued if—
(1) He meets the eligibility require-
ments of § 21.213 and he complies with
this section; and
(2) The FAA finds that there is no
feature, characteristic or condition of
the aircraft that would make the air-
craft unsafe when operated in accord-
ance with the limitations established
in §§ 21.81(e) and 91.317 of this sub-
chapter.
(b) The manufacturer must hold a
provisional type certificate for the air-
craft.
(c) The manufacturer must submit a
statement that the aircraft conforms
to the type design corresponding to the
provisional type certificate and has
been found by him to be in safe oper-
ating condition under all applicable
limitations.
(d) The aircraft must be flown at
least five hours by the manufacturer.
(e) The aircraft must be supplied
with a provisional aircraft flight man-
ual or other document and appropriate
placards containing the limitations es-
tablished by §§ 21.81(e) and 91.317.
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
1989]
§ 21.223
Class II provisional airworthi-
ness certificates.
(a) Except as provided in § 21.225, an
applicant is entitled to a Class II provi-
sional airworthiness certificate for an
aircraft for which a Class II provisional
type certificate has been issued if—
(1) He meets the eligibility require-
ments of § 21.213 and he complies with
this section; and
(2) The FAA finds that there is no
feature, characteristic, or condition of
the aircraft that would make the air-
craft unsafe when operated in accord-
ance with the limitations established
in §§ 21.83(h), 91.317, and 121.207 of this
chapter.
(b) The applicant must show that a
Class II provisional type certificate for
the aircraft has been issued to the
manufacturer.
(c) The applicant must submit a
statement by the manufacturer that
the aircraft has been manufactured
under a quality system adequate to en-
sure that the aircraft conforms to the
type design corresponding with the
provisional type certificate.
(d) The applicant must submit a
statement that the aircraft has been
found by him to be in a safe operating
condition under the applicable limita-
tions.
(e) The aircraft must be flown at
least five hours by the manufacturer.
(f) The aircraft must be supplied with
a provisional aircraft flight manual
containing the limitations established
by §§ 21.83(h), 91.317, and 121.207 of this
chapter.
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–12, 31 FR 13389, Oct. 15,
1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989;
Amdt. 21–92, 74 FR 53390, Oct. 16, 2009]
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