[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: 14CFR21.85]



[Page 131-132]

 

                     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 132]]



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 Sec. Sec. 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]