FAR 21.73 — Provisional Type Certificate Eligibility
FAR 21.73 explains who may apply for Class I or Class II provisional type certificates, including U.S. manufacturers and qualifying engine manufacturers.
In Plain English
FAR 21.73 sets out who is eligible to apply for provisional type certificates and related amendments. It is part of the certification framework that allows aircraft to operate in limited ways before a full type certificate is issued — important context for understanding how new aircraft reach the market.
The rule recognizes three eligible applicants:
- U.S. citizen manufacturers building aircraft in the United States may apply for Class I or Class II provisional type certificates, amendments to their provisional type certificates, or provisional amendments to type certificates they hold.
- Foreign manufacturers in a State of Manufacture that has an import/export agreement with the United States may apply for a Class II provisional type certificate (and related amendments).
- U.S. citizen aircraft engine manufacturers who alter a type-certificated aircraft by installing their own different type-certificated engines may apply for a Class I provisional type certificate, provided the basic aircraft was originally certificated in the normal, utility, acrobatic, commuter, or transport category.
Regulation Text
14 CFR § 21.73§ 21.73 Eligibility.
(a) Any manufacturer of aircraft manufactured within the United States who is a United States citizen may apply for Class I or Class II provisional type certificates, for amendments to provisional type certificates held by him, and for provisional amendments to type certificates held by him.
(b) Any manufacturer of aircraft in a State of Manufacture subject to the provisions of an agreement with the United States for the acceptance of those aircraft for export and import may apply for a Class II provisional type certificate, for amendments to provisional type certificates held by him, and for provisional amendments to type certificates held by him.
(c) An aircraft engine manufacturer who is a United States citizen and who has altered a type certificated aircraft by installing different type certificated aircraft engines manufactured by him within the United States may apply for a Class I provisional type certificate for the aircraft, and for amendments to Class I provisional type certificates held by him, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, or transport category.
[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as amended by Amdt. 21-12, 31 FR 13380, Oct. 15, 1966; Amdt. 21-59, 52 FR 1836, Jan. 15, 1987; Amdt. 21-92, 74 FR 53387, Oct. 16, 2009]
Oral Exam Questions a DPE Might Ask
Q1Who is eligible to apply for a Class I provisional type certificate?
Under FAR 21.73, a U.S. citizen aircraft manufacturer building aircraft in the United States may apply, and a U.S. citizen engine manufacturer who installs different type-certificated engines on a qualifying aircraft may also apply for a Class I provisional type certificate.
Q2Can a foreign aircraft manufacturer apply for a provisional type certificate?
Yes — per FAR 21.73(b), a manufacturer in a State of Manufacture that has an acceptance agreement with the United States may apply for a Class II provisional type certificate and related amendments, but not Class I.
Q3If an engine manufacturer re-engines an existing aircraft, what original certification categories make it eligible for a Class I provisional type certificate?
FAR 21.73(c) requires that the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, or transport category.
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Related Sections in Part 21