FAR 21.85 — Provisional Type Certificate Amendments
FAR 21.85 explains how applicants qualify for a provisional amendment to a type certificate, including required certifications, flight tests, and limitations.
In Plain English
FAR 21.85 sets the requirements for getting a provisional amendment to a type certificate — a temporary approval that lets a modified aircraft operate under restricted conditions while full certification is still in progress.
To qualify, the applicant (or the foreign country of manufacture, if applicable) must:
- Apply formally for the amendment and have an official flight test program underway.
- Certify that the modification was designed and built to the airworthiness standards applicable to the original type certificate.
- Show the aircraft substantially complies with applicable flight-characteristic requirements and can be operated safely.
- Submit a flight test report demonstrating safe operation within the limits of §§ 91.317 and 121.207.
- Publish all required limitations (weight, speed, maneuvers, loading, controls, equipment) in a provisional aircraft flight manual, document, or placards — or impose operating restrictions instead.
- Establish an inspection and maintenance program for continued airworthiness.
- Fly a prototype of the modified aircraft for the number of hours the FAA requires.
This matters operationally because it allows manufacturers and operators to begin limited use of modified aircraft before final certification, without compromising safety.
Regulation Text
14 CFR § 21.85§ 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]
Oral Exam Questions a DPE Might Ask
Q1What is a provisional amendment to a type certificate, and who is eligible to receive one?
Per FAR 21.85, it is a temporary approval for a modified aircraft, available to applicants manufacturing in the U.S. or in a foreign country with an import/export agreement, provided no feature makes the aircraft unsafe under the appropriate limitations.
Q2What must an applicant certify when seeking a provisional amendment to a type certificate?
Under FAR 21.85(e), the applicant must certify that the modification was designed and built to the airworthiness requirements of the original type certificate, that the aircraft substantially complies with applicable flight characteristic requirements, and that it can be operated safely within the appropriate operating limitations.
Q3How are operating limitations communicated to crews under a provisional amendment?
FAR 21.85(g) requires the applicant to establish and publish all required limitations — including weight, speed, maneuvers, loading, and control/equipment operation — in a provisional aircraft flight manual or other document and on appropriate placards, unless operating restrictions are imposed instead.
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Related Sections in Part 21