title-14-part-21-sec21-85

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

foreign manufactured aircraft, the
country in which the aircraft was man-
ufactured, must certify that—

(1) The modification involved in the

amendment to the type certificate has

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Federal Aviation Administration, DOT

§ 21.93

been designed and constructed in ac-
cordance with the airworthiness re-
quirements applicable to the issue of
the type certificate for the aircraft;

(2) The aircraft substantially com-

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

(3) The aircraft can be operated safe-

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

(f) The applicant must submit a re-

port showing that the aircraft incor-
porating the modifications involved
has been flown in all maneuvers nec-
essary to show compliance with the
flight requirements applicable to those
modifications and to establish that the
aircraft can be operated safely in ac-
cordance with the limitations specified
in §§ 91.317 and 121.207 of this chapter.

(g) The applicant must establish and

publish, in a provisional aircraft flight
manual or other document and on ap-
propriate placards, all limitations re-
quired for the issue of the type certifi-
cate applied for, including weight,
speed, 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.

(h) The applicant must establish an

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

(i) The applicant must operate a pro-

totype aircraft modified in accordance
with the corresponding amendment to
the type certificate for the number of
hours found necessary by the FAA.

[Amdt. 21–12, 31 FR 13388, Oct. 15, 1966, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
1989]

Subpart D—Changes to Type

Certificates

OURCE

: Docket No. 5085, 29 FR 14567, Oct.

24, 1964, unless otherwise noted.

§ 21.91

Applicability.

This subpart prescribes procedural

requirements for the approval of
changes to type certificates.

§ 21.93

Classification of changes in

type design.

(a) In addition to changes in type de-

sign specified in paragraph (b) of this
section, changes in type design are
classified as minor and major. A
‘‘minor change’’ is one that has no ap-
preciable effect on the weight, balance,
structural strength, reliability, oper-
ational characteristics, or other char-
acteristics affecting the airworthiness
of the product. All other changes are
‘‘major changes’’ (except as provided in
paragraph (b) of this section).

(b) For the purpose of complying

with Part 36 of this chapter, and except
as provided in paragraphs (b)(2), (b)(3),
and (b)(4) of this section, any voluntary
change in the type design of an aircraft
that may increase the noise levels of
that aircraft is an ‘‘acoustical change’’
(in addition to being a minor or major
change as classified in paragraph (a) of
this section) for the following aircraft:

(1) Transport category large air-

planes.

(2) Jet (Turbojet powered) airplanes

(regardless of category). For airplanes
to which this paragraph applies,
‘‘acoustical changes’’ do not include
changes in type design that are limited
to one of the following—

(i) Gear down flight with one or more

retractable landing gear down during
the entire flight, or

(ii) Spare engine and nacelle carriage

external to the skin of the airplane
(and return of the pylon or other exter-
nal mount), or

(iii) Time-limited engine and/or na-

celle changes, where the change in type
design specifies that the airplane may
not be operated for a period of more
than 90 days unless compliance with
the applicable acoustical change provi-
sions of Part 36 of this chapter is shown
for that change in type design.

(3) Propeller driven commuter cat-

egory and small airplanes in the pri-
mary, normal, utility, acrobatic, trans-
port, and restricted categories, except
for airplanes that are:

(i) Designated for ‘‘agricultural air-

craft operations’’ (as defined in § 137.3
of this chapter, effective January 1,
1966) to which § 36.1583 of this chapter
does not apply, or