Editorial Note on Part 21
Editorial Notes: 1. For miscellaneous amendments to cross references in this 21 see Amdt. 21-10, 31 FR 9211, July 6, 1966. 2. Nomenclature changes to part 21 appear at 74 FR 53384, Oct. 16, 2009.

§ 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 FAA finds that there is no feature, characteristic, or condition that would 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 §§ 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 FAA.
[Amdt. 21-12, 31 FR 13388, Oct. 15, 1966, as amended by Amdt. 21-66, 54 FR 34329, Aug. 18, 1989]