[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR21.85]

[Page 127-128]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS--Table of Contents
 
                Subpart C--Provisional Type Certificates
 
Sec. 21.85  Provisional amendments to type certificates.

    (a) An applicant who manufactures aircraft within the United States 
is entitled to a provisional amendment to a type certificate if he shows 
compliance with this section and the Administrator finds that there is 
no feature, characteristic, or condition that would

[[Page 128]]

make the aircraft 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 agreement for the acceptance of those 
aircraft 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 compliance with this section, 
that the aircraft meets the requirements of paragraph (e) of this 
section and that there is no feature, characteristic, or condition that 
would make the aircraft unsafe when operated under the appropriate 
limitations contained in this subchapter.
    (c) The applicant must apply for an amendment to the type 
certificate.
    (d) The FAA's official flight test program or the flight test 
program conducted by the authorities of the country in which the 
aircraft was manufactured, 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 manufactured, must certify that--
    (1) The modification involved in the amendment to the type 
certificate has been designed and constructed in accordance with the 
airworthiness requirements applicable to the issue of the type 
certificate for the aircraft;
    (2) The aircraft substantially complies with the applicable flight 
characteristic requirements for the type certificate; and
    (3) The aircraft can be operated safely under the appropriate 
operating limitations in this subchapter.
    (f) The applicant must submit a report showing that the aircraft 
incorporating the modifications involved has been flown in all maneuvers 
necessary to show compliance with the flight requirements applicable to 
those modifications and to establish that the aircraft can be operated 
safely in accordance with the limitations specified in Secs. 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 appropriate placards, 
all limitations required for the issue of the type certificate applied 
for, including weight, speed, flight maneuvers, loading, and operation 
of controls and equipment, unless, for each limitation not so 
established, appropriate operating restrictions are established for the 
aircraft.
    (h) The applicant must establish an inspection and maintenance 
program for the continued airworthiness of the aircraft.
    (i) The applicant must operate a prototype aircraft modified in 
accordance with the corresponding amendment to the type certificate for 
the number of hours found necessary by the Administrator.

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