149 

Federal Aviation Administration, DOT 

§ 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. 

(c) The applicant must apply for a 

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. 

(c) The applicant must apply for an 

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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