144 

14 CFR Ch. I (1–1–14 Edition) 

§ 21.83 

(1) The aircraft has been designed and 

constructed in accordance with the air-
worthiness requirements applicable to 
the issue of the type or supplemental 
type certificate applied for; 

(2) The aircraft substantially meets 

the applicable flight characteristic re-
quirements for the type or supple-
mental type certificate applied for; and 

(3) The aircraft can be operated safe-

ly under the appropriate operating lim-
itations specified in paragraph (a) of 
this section. 

(d) The applicant must submit a re-

port showing that the aircraft had been 
flown in all maneuvers necessary to 
show compliance with the flight re-
quirements for the issue of the type or 
supplemental type certificate applied 
for, and to establish that the aircraft 
can be operated safely in accordance 
with the limitations contained in this 
subchapter. 

(e) The applicant must establish all 

limitations required for the issue of the 
type or supplemental 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 oper-
ating restrictions are established for 
the aircraft. 

(f) The applicant must establish an 

inspection and maintenance program 
for the continued airworthiness of the 
aircraft. 

(g) The applicant must show that a 

prototype aircraft has been flown for at 
least 50 hours under an experimental 
certificate issued under §§ 21.191 
through 21.195, or under the auspices of 
an Armed Force of the United States. 
However, in the case of an amendment 
to a provisional type certificate, the 
FAA may reduce the number of re-
quired flight hours. 

[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as 
amended by Amdt. 21–66, 54 FR 34329, Aug. 18, 
1989] 

§ 21.83

Requirements for issue and 

amendment of Class II provisional 
type certificates. 

(a) An applicant who manufactures 

aircraft within the United States is en-
titled to the issue or amendment of a 
Class II provisional type certificate if 
he shows compliance with this section 

and the FAA finds that there is no fea-
ture, characteristic, or condition that 
would make the aircraft unsafe when 
operated in accordance with the limi-
tations in paragraph (h) of this section, 
and §§ 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 compli-
ance with this section, that the air-
craft meets the requirements of para-
graph (f) of this section and that there 
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 

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