FAR 21.213 — Provisional Airworthiness Eligibility
FAR 21.213 sets eligibility for Class I and Class II provisional airworthiness certificates, covering U.S. manufacturers, Part 121 carriers, and engine modifiers.
In Plain English
FAR 21.213 spells out who can apply for a provisional airworthiness certificate — a special certificate issued for aircraft that aren't yet fully type certificated but need to operate for testing or limited service. Three groups of U.S. citizens are eligible:
- U.S. manufacturers building aircraft inside the United States may apply for a Class I or Class II provisional airworthiness certificate for those aircraft.
- Part 121 air carriers (scheduled airlines) may apply for a Class II provisional airworthiness certificate for transport category aircraft, but only if the aircraft has either:
- A current Class II provisional type certificate (or amendment), or
- A current provisional amendment to a type certificate that was preceded by a Class II provisional type certificate.
- Aircraft engine manufacturers who install their own different type certificated engines on an existing type certificated aircraft may apply for a Class I provisional airworthiness certificate, provided the original aircraft was certificated in the normal, utility, acrobatic, commuter, or transport category.
This matters operationally because provisional certificates let manufacturers and airlines begin limited operations and crew training before final certification is complete.
Regulation Text
14 CFR § 21.213§ 21.213 Eligibility.
(a) A manufacturer who is a United States citizen may apply for a Class I or Class II provisional airworthiness certificate for aircraft manufactured by him within the U.S.
(b) Any holder of an air carrier operating certificate under Part 121 of this chapter who is a United States citizen may apply for a Class II provisional airworthiness certificate for transport category aircraft that meet either of the following:
(1) The aircraft has a current Class II provisional type certificate or an amendment thereto.
(2) The aircraft has a current provisional amendment to a type certificate that was preceded by a corresponding Class II provisional type certificate.
(c) An aircraft engine manufacturer who is a United States citizen and who has altered a type certificated aircraft by installing different type certificated engines, manufactured by him within the United States, may apply for a Class I provisional airworthiness certificate for that aircraft, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, or transport category.
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as amended by Amdt. 21-59, 52 FR 1836, Jan. 15, 1987; Amdt. 21-79, 66 FR 21066, Apr. 27, 2001]
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Oral Exam Questions a DPE Might Ask
Q1Who is eligible to apply for a Class I provisional airworthiness certificate?
Per FAR 21.213, a U.S. citizen manufacturer producing aircraft within the United States, or a U.S. citizen engine manufacturer who has installed different type certificated engines on a type certificated aircraft, may apply for a Class I provisional airworthiness certificate.
Q2Can a Part 121 air carrier apply for a provisional airworthiness certificate, and under what conditions?
Yes. Under FAR 21.213(b), a U.S. citizen Part 121 air carrier may apply for a Class II provisional airworthiness certificate for transport category aircraft that hold either a current Class II provisional type certificate or a current provisional amendment to a type certificate preceded by a Class II provisional type certificate.
Q3If an engine manufacturer re-engines an existing aircraft, what category must the original aircraft have been certificated in to qualify under this rule?
FAR 21.213(c) requires that the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, or transport category.
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§21.15 Type Certificate Application
FAA application form, aircraft drawings, and engine data
§21.17 Certification Basis
Applicable airworthiness, noise, and emission rules
§21.20 Compliance Showing
How applicants show compliance to the FAA
§21.31 Type Design
Drawings, specifications, dimensions, and limitations
§21.41 Type Certificate
What the certificate includes once the design is approved
§21.47 Type Certificate Transferability
Transfer and licensing notices for FAA type certificates
Related Sections in Part 21