[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR21.83]

[Page 133-134]
 
                     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

[[Page 134]]

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]