145 

Federal Aviation Administration, DOT 

§ 21.85 

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 
been designed and constructed in ac-
cordance with the airworthiness re-
quirements applicable to the issue of 
the type certificate for the aircraft; 

(2) The aircraft substantially com-

plies with the applicable flight char-
acteristic requirements for the type 
certificate; and 

(3) The aircraft can be operated safe-

ly under the appropriate operating lim-
itations in this subchapter. 

(f) The applicant must submit a re-

port showing that the aircraft incor-
porating the modifications involved 
has been flown in all maneuvers nec-
essary to show compliance with the 
flight requirements applicable to those 
modifications and to establish that the 
aircraft can be operated safely in ac-
cordance with the limitations specified 
in §§ 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 ap-
propriate placards, all limitations re-
quired for the issue of the type certifi-
cate applied for, including weight, 
speed, 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. 

(h) The applicant must establish an 

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

(i) The applicant must operate a pro-

totype aircraft modified in accordance 
with the corresponding amendment to 

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