[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR21.83]



[Page 131]

 

                     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. 21.83  Requirements for issue and amendment of Class II provisional 

type certificates.



    (a) An applicant who manufactures aircraft within the United States 

is entitled to the issue or amendment of a Class II provisional type 

certificate if he shows compliance with this section and the 

Administrator finds that there is no feature, characteristic, or 

condition that would make the aircraft unsafe when operated in 

accordance with the limitations in paragraph (h) of this section, and 

Sec. Sec. 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 compliance with this 

section, that the aircraft meets the requirements of paragraph (f) of 

this section and that there is no feature, characteristic, or condition 

that would make the aircraft unsafe when operated in accordance with the 

limitations in paragraph (h) of this section and Sec. Sec. 91.317 and 

121.207 of this chapter.

    (c) The applicant must apply for a type certificate, in the 

transport category, 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 program or the flight test 

program conducted by the authorities of the country in which the 

aircraft was manufactured, 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 manufactured, must 

certify that--

    (1) The aircraft has been designed and constructed in accordance 

with the airworthiness requirements applicable to the issue of the type 

certificate applied for;

    (2) The aircraft substantially complies with the applicable flight 

characteristic requirements for the type certificate applied for; and

    (3) The aircraft can be operated safely under the appropriate 

operating limitations in this subchapter.

    (g) The applicant must submit a report showing that the aircraft has 

been flown in all maneuvers necessary to show compliance with the flight 

requirements for the issue of the type certificate and to establish that 

the aircraft can be operated safely in accordance with the limitations 

in this subchapter.

    (h) The applicant must prepare a provisional aircraft flight manual 

containing 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 established, appropriate operating 

restrictions are established for the aircraft.

    (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 certificate, the Administrator may reduce the number 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]