146
14 CFR Ch. I (1–1–24 Edition)
§ 21.51
(3) Any other data necessary for the
FAA to approve the List.
[Amdt. 21–23, 33 FR 14105, Sept. 18, 1968, as
amended by Amdt. 21–51, 45 FR 60170, Sept.
11, 1980; Amdt. 21–60, 52 FR 8042, Mar. 13, 1987;
Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; Amdt.
21–92, 74 FR 53386, Oct. 16, 2009; Doc. No.
FAA–2015–1621, Amdt. 21–100, 81 FR 96689,
Dec. 30, 2016]
§ 21.51
Duration.
A type certificate is effective until
surrendered, suspended, revoked, or a
termination date is otherwise estab-
lished by the FAA.
§ 21.53
Statement of conformity.
(a) Each applicant must provide, in a
form and manner acceptable to the
FAA, a statement that each aircraft
engine or propeller presented for type
certification conforms to its type de-
sign.
(b) Each applicant must submit a
statement of conformity to the FAA
for each aircraft or part thereof pre-
sented to the FAA for tests. This state-
ment of conformity must include a
statement that the applicant has com-
plied with § 21.33(a) (unless otherwise
authorized under that paragraph).
[Amdt. 21–17, 32 FR 14926, Oct. 28, 1967, as
amended by Amdt. 21–92, 74 FR 53386, Oct. 16,
2009]
§ 21.55
Responsibility of type certifi-
cate holders to provide written li-
censing agreements.
A type certificate holder who allows
a person to use the type certificate to
manufacture a new aircraft, aircraft
engine, or propeller must provide that
person with a written licensing agree-
ment acceptable to the FAA.
[Doc. No. FAA–2003–14825, 71 FR 52258, Sept.
1, 2006]
Subpart C—Provisional Type
Certificates
S
OURCE
: Docket No. 5085, 29 FR 14566, Oct.
24, 1964, unless otherwise noted.
§ 21.71
Applicability.
This subpart prescribes—
(a) Procedural requirements for the
issue of provisional type certificates,
amendments to provisional type cer-
tificates, and provisional amendments
to type certificates; and
(b) Rules governing the holders of
those certificates.
§ 21.73
Eligibility.
(a) Any manufacturer of aircraft
manufactured within the United States
who is a United States citizen may
apply for Class I or Class II provisional
type certificates, for amendments to
provisional type certificates held by
him, and for provisional amendments
to type certificates held by him.
(b) Any manufacturer of aircraft in a
State of Manufacture subject to the
provisions of an agreement with the
United States for the acceptance of
those aircraft for export and import
may apply for a Class II provisional
type certificate, for amendments to
provisional type certificates held by
him, and for provisional amendments
to type certificates held by him.
(c) An aircraft engine manufacturer
who is a United States citizen and who
has altered a type certificated aircraft
by installing different type certificated
aircraft engines manufactured by him
within the United States may apply for
a Class I provisional type certificate
for the aircraft, and for amendments to
Class I provisional type certificates
held by him, if the basic aircraft, be-
fore alteration, was type certificated in
the normal, utility, acrobatic, com-
muter, or transport category.
[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as
amended by Amdt. 21–12, 31 FR 13380, Oct. 15,
1966; Amdt. 21–59, 52 FR 1836, Jan. 15, 1987;
Amdt. 21–92, 74 FR 53387, Oct. 16, 2009]
§ 21.75
Application.
Each applicant for a provisional type
certificate, for an amendment thereto,
or for a provisional amendment to a
type certificate must apply to the FAA
and provide the information required
by this subpart.
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009; Doc. No. FAA–2018–0119,
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]
§ 21.77
Duration.
(a) Unless sooner surrendered, super-
seded, revoked, or otherwise termi-
nated, provisional type certificates and
amendments thereto are effective for
the periods specified in this section.
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Federal Aviation Administration, DOT
§ 21.83
(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
that the applicant has shown compli-
ance with this section, that the air-
craft meets the requirements of para-
graph (f) of this section and that there
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