title-14-part-21-sec21-83

147

Federal Aviation Administration, DOT

§ 21.83

(b) A Class I provisional type certifi-

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

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.

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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148

14 CFR Ch. I (1–1–24 Edition)

§ 21.85

is no feature, characteristic, or condi-
tion that would make the aircraft un-
safe when operated in accordance with
the limitations in paragraph (h) of this
section and §§ 91.317 and 121.207 of this
chapter.

type certificate, in the transport cat-
egory, for the aircraft.

(d) The applicant must hold a U.S.

type certificate for at least one other
aircraft in the same transport category
as the subject aircraft.

(e) The FAA’s official flight test pro-

gram or the flight test program con-
ducted by the authorities of the coun-
try in which the aircraft was manufac-
tured, with respect to the issue of a
type certificate for that aircraft, must
be in progress.

(f) The applicant or, in the case of a

foreign manufactured aircraft, the
country in which the aircraft was man-
ufactured, 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 certificate applied
for;

(2) The aircraft substantially com-

plies with the applicable flight char-
acteristic requirements for the type
certificate applied for; and

(3) The aircraft can be operated safe-

ly under the appropriate operating lim-
itations in this subchapter.

(g) The applicant must submit a re-

port showing that the aircraft has been
flown in all maneuvers necessary to
show compliance with the flight re-
quirements for the issue of the type
certificate and to establish that the
aircraft can be operated safely in ac-
cordance with the limitations in this
subchapter.

(h) The applicant must prepare a pro-

visional aircraft flight manual con-
taining all limitations required for the
issue of the type certificate applied for,
including limitations on weights,
speeds, flight maneuvers, loading, and
operation of controls and equipment
unless, for each limitation not so es-
tablished, appropriate operating re-
strictions are established for the air-
craft.

(i) The applicant must establish an

inspection and maintenance program

for the continued airworthiness of the
aircraft.

(j) The applicant must show that a

prototype aircraft has been flown for at
least 100 hours. In the case of an
amendment to a provisional type cer-
tificate, the FAA may reduce the num-
ber of required flight hours.

[Amdt. 21–12, 31 FR 13386, Oct. 15, 1966, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
1989]

§ 21.85

Provisional amendments to

type certificates.

(a) An applicant who manufactures

aircraft within the United States is en-
titled to a provisional amendment to a
type certificate if he shows compliance
with this section and the FAA finds
that there is no feature, characteristic,
or condition that would make the air-
craft unsafe when operated under the
appropriate limitations contained in
this subchapter.

(b) An applicant who manufactures

aircraft in a foreign country with
which the United States has an agree-
ment for the acceptance of those air-
craft for export and import is entitled
to a provisional amendment to a 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 (e) of this section and that there
is no feature, characteristic, or condi-
tion that would make the aircraft un-
safe when operated under the appro-
priate limitations contained in this
subchapter.

amendment to the type certificate.

(d) The FAA’s official flight test pro-

gram or the flight test program con-
ducted by the authorities of the coun-
try in which the aircraft was manufac-
tured, with respect to the amendment
of the type certificate, must be in
progress.

(e) The applicant or, in the case of