the airworthiness requirements applicable to the issuance of the type certificate for the aircraft;

(2) The aircraft substantially complies with the applicable flight characteristics requirements for the type certificate;

(3) The aircraft can be operated safely under the appropriate operating limitations specified in this regulation.

(d) The manufacturer has submitted a report showing that the aircraft incorporating the modifications involved had been flown in all maneuvers necessary to show compliance with the flight requirements applicable to these modifications and to establish that the aircraft can be operated safely in accordance with the limitations specified in this regulation.

(e) The manufacturer has established, in a provisional aircraft flight manual or other document and appropriate placards, limitations with respect to weights, speeds, flight maneuvers, loading, operation of controls and equipment, and all other relevant factors. The limitations shall include all the limitations required for the issuance of a type certificate for the aircraft: Provided, That where such limitations have not been established, appropriate restrictions on the operation of the aircraft shall be established.

(f) The manufacturer has established an inspection and maintenance program for the continued airworthiness of the aircraft.

(g) An aircraft modified in accordance with the corresponding amendment to the type certificate has been flown by the manufacturer for the number of hours found necessary by the authorized representative of the Administrator, such flights having been conducted pursuant to the authority of an experimental certificate issued under Part 1 of the Civil Air Regulations.

12. Provisional airworthiness certificates corresponding with provisional amendment to type certificate. A Class I or a Class II provisional airworthiness certificate, as specified in section 2 of this regulation, will be issued for an aircraft, for which a provisional amendment to the type certificate has been issued, when the applicant shows compliance with the provisions of paragraphs (a) through (e) of this section, and an authorized representative of the Administrator finds that there is no feature, characteristic, or condition of the aircraft, as modified in accordance with the provisionally amended type certificate, which would render the aircraft unsafe when operated in accordance with the limitations established in sections 11(e) and 13 and, if applicable, section 14 of this regulation.

(a) The applicant submits evidence that approval has been obtained for the relevant provisional amendment to the type certificate for the aircraft.

(b) The applicant submits evidence that the modification to the aircraft was accomplished under a quality control system adequate to ensure that the modification con

forms to the provisionally amended type certificate.

(c) The applicant submits a statement that the aircraft has been found by him to be in a safe operating condition under the applicable limitations.

(d) The applicant submits a statement that the aircraft has been flown at least 5 hours by the manufacturer.

(e) The aircraft has been supplied with a provisional aircraft flight manual or other document and appropriate placards containing the limitations required by sections 11(e) and 13 and, if applicable, section 14 of this regulation.

OPERATING LIMITATIONS

13. Operation of provisionally certificated aircraft. An aircraft for which a provisional airworthiness certificate has been issued shall be operated only by a person eligible to apply for a provisional airworthiness certificate in accordance with section 2 of this regulation. Operations shall be in compliance with paragraphs (a) through (1) of this section.

(a) The aircraft shall not be operated in air transportation unless so authorized in a particular case by the Director, Bureau of Flight Standards.

(b) Operations shall be restricted to the United States, its Territories and possessions. (c) The aircraft shall be limited to the types of operations listed in subparagraphs (1) through (7) of this paragraph.

(1) Flights conducted by the aircraft or engine manufacturer in direct conjunction with the type or supplemental type certifi cation of the aircraft;

(2) Training of flight crews, including simulated air carrier operations;

(3) Demonstration flights conducted by the manufacturer for prospective purchasers; (4) Market surveys by the manufacturer; (5) Flight checking of instruments, accessories, and equipment, the functioning of which does not adversely affect the basic airworthiness of the aircraft;

(6) Service testing of the aircraft; (7) Such additional operations as may be specifically authorized by the authorized representative of the Administrator.

(d) All operations shall be conducted within the prescribed limitations displayed in the aircraft or set forth in the provisional aircraft flight manual or other document containing the limitations for the safe oper ation of the aircraft: Provided, That opera tions conducted in direct conjunction with the type or supplemental type certification of the aircraft shall be subject to the experi mental aircraft limitations of § 1.74 of Par 1 of the Civil Air Regulations, and all "flight tests" as defined in § 60.60 of the Civil Air Regulations shall be conducted in accord ance with the requirements of § 60.24 of that part.

(e) The operator shall establish proce dures for the use and guidance of flight and ground personnel in the conduct of opera

tions under this section. Specific procedures shall be established for operations from and into airports where the runways require takeoffs or approaches over populated areas. All procedures shall be approved by an authorized representative of the Administrator. All operations shall be conducted in accordance with such approved procedures.

(f) The operator shall ensure that each flight crewmember is properly certificated and possesses adequate knowledge of, and familiarity with, the aircraft and the procedures to be used by him.

(g) The aircraft shall be maintained in accordance with applicable Civil Air Regulations, with the inspection and maintenance program established in accordance with this regulation, and with any special inspections and maintenance conditions prescribed by an authorized representative of the Ad

ministrator.

(h) No aircraft shall be operated under authority of a provisional airworthiness certificate if the manufacturer or the authorized representative of the Administrator determines that a change in design, construction, or operation is necessary to ensure safe operation, until such change is made and approved by the authorized representative of the Administrator. Section 1.24 of Part 1 of the Civil Air Regulations shall be applicable to operations under this section.

(i) Only those persons who have a bona fide interest in the operations permitted under this section or who are specifically authorized by both the manufacturer and the authorized representative of the Administrator may be carried in provisionally certificated aircraft: Provided, That they have been advised by the operator of the provisional certification status of the aircraft.

(1) The authorized representative of the Administrator may prescribe such additional limitations or procedures as he finds necessary. This shall include limitations on the number of persons who may be carried aboard the aircraft.

14. Additional limitations to operations by air carriers. In addition to the limitations in section 13 of this regulation, operations by air carriers shall be subject to the provisions of paragraphs (a) through (d) of this section.

(a) In addition to crewmembers, the aircraft may carry only those persons who are listed in § 40.356(c) of Part 40 of the Civil Air Regulations or who are specifically authorized by both the air carrier and the authorized representative of the Administrator.

certification shall become a part of the flight crewmember's record.

(d) A log of all flights conducted under this regulation, and accurate and complete records of inspections made and maintenance accomplished, shall be kept by the air carrier and made available to the manufacturer and to an authorized representative of the Administrator.

The Director, Bu

15. Other operations. reau of Flight Standards, may credit toward the aircraft proving test requirements of the applicable air carrier regulations such operations conducted pursuant to this special regulation as he finds have met the applicable aircraft proving test requirements: Provided, That he also finds that there is no significant difference between the provisionally certificated aircraft and the aircraft for which application is made for operation pursuant to an air carrier operating certificate.

CERTIFICATES ISSUED UNDER

SR-425A AND SR-425B

16. Duration. Currently valid provisional type and airworthiness certificates issued in accordance with Special Civil Air Regulations Nos. SR-425A and SR-425B shall remain in effect for the durations and under the conditions prescribed in those regulations.

This special regulation supersedes Special Civil Air Regulation No. SR-425B and shall terminate on June 30, 1963, unless sooner superseded, rescinded, or otherwise terminated.

(Secs. 313(a), 601, 603, 608, 609, 72 Stat. 752, 755, 776, 779; 49 U.S.C. 1354, 1421, 1423, 1428, 1429) [26 F.R. 4991, June 6, 1961]

SR-426

Contrary performance provisions of the Civil Air Regulations notwithstanding, the Administrator may grant performance credit for the use of standby power on transport category airplanes. Such credit shall be applicable only to the maximum certificated take-off and landing weights, the take-off distance, and the take-off paths, and shall not exceed that found by the Administrator to result in an over-all level of safety in the take-off, approach, and landing regimes of flight equivalent to that prescribed in the regulations under which the airplane was originally certificated without standby power. (NOTE: Standby power is power and/or thrust obtained from rocket engines for a relatively short period and actuated only in cases of emergency.) The following provisions shall apply:

(1) Take-off; general. The take-off data prescribed in sections (2) and (3) shall be determined at all weights and altitudes, and at ambient temperatures if applicable, at which performance credit is to be applied.

(2) Take-off path. (a) The one-engineinoperative take-off path with standby power in use shall be determined in accordance with the performance requirements of the applicable airworthiness regulations.

(b) The one-engine-inoperative take-off path (excluding that portion where the airplane is on or just above the take-off surface) determined in accordance with paragraph (a) of this section shall lie above the one-engine-inoperative take-off path without standby power at the maximum take-off weight at which all of the applicable airworthiness requirements are met. For the purpose of this comparison, the flight path shall be considered to extend to at least a height of 400 feet above the take-off surface.

(c) The take-off path with all engines operating, but without the use of standby power, shall reflect a conservatively greater over-all level of performance than the oneengine-inoperative take-off path established in accordance with paragraph (a) of this section. The aforementioned margin shall be established by the Administrator to insure safe day-to-day operations, but in no case shall it be less than 15 percent. The all-engines-operating take-off path shall be determined by a procedure consistent with that established in complying with paragraph (a) of this section.

(d) For reciprocating-engine-powered airplanes, the take-off path to be scheduled in the Airplane Flight Manual shall represent the one-engine-inoperative take-off path determined in accordance with paragraph (a) of this section and modified to reflect the procedure (see section (6)) established by the applicant for flap retraction and attainment of the en route speed. The scheduled takeoff path shall have a positive slope at all points of the airborne portion and at no point shall it lie above the take-off path specified in paragraph (a) of this section.

(3) Take-off distance. The take-off distance shall be the horizontal distance along the one-engine-inoperative take-off path determined in accordance with section (2) (a) from the start of the take-off to the point where the airplane attains a height of 50 feet above the take-off surface for reciprocatingengine-powered airplanes and a height of 35 feet above the take-off surface for turbinepowered airplanes.

(4) Maximum certificated take-off weights. The maximum certificated take-off weights shall be determined at all altitudes, and at ambient temperatures if applicable, at which performance credit is to be applied and shall not exceed the weights established in compliance with paragraphs (a) and (b) of this section.

(a) The conditions of section (2) (b) through (d) shall be met at the maximum certificated take-off weight.

(b) Without the use of standby power, the airplane shall meet all of the en route requirements of the applicable airworthiness regulations under which the airplane was originally certificated. In addition, turbinepowered airplanes without the use of standby power shall meet the final take-off climb requirements prescribed in the applicable airworthiness regulations.

(5) Maximum certificated landing weights. (a) The maximum certificated landing weights (one-engine-inoperative approach and all-engines-operating landing climb) shall be determined at all altitudes, and at ambient temperatures if applicable, at which performance credit is to be applied and shall not exceed that established in compliance with the provisions of paragraph (b) of this section.

(b) The flight path, with the engines operating at the power and/or thrust appropriate to the airplane configuration and with standby power in use, shall lie above the flight path without standby power in use at the maximum weight at which all of the applicable airworthiness requirements are met. In addition, the flight paths shall comply with the provisions of subparagraphs (1) and (ii) of this paragraph.

(1) The flight paths shall be established without changing the appropriate airplane configuration.

(ii) The flight paths shall be carried out for a minimum height of 400 feet above the point where standby power is actuated.

(6) Airplane configuration, speed, and power and/or thrust; general. Any chang in the airplane's configuration, speed, and power and/or thrust shall be made in ac cordance with the procedures established by the applicant for the operation of the air plane in service and shall comply with th provisions of paragraphs (a) through (c) o this section. In addition, procedures shal be established for the execution of balke landings and missed approaches.

(a) The Administrator shall find that th procedure can be consistently executed i service by crews of average skill.

(b) The procedure shall not involve meth ods or the use of devices which have no been proven to be safe and reliable.

(c) Allowances shall be made for suc time delays in the execution of the pro cedures as may be reasonably expected t occur during service.

(7) Installation and operation; standb power. The standby power unit and its in stallation shall comply with the provisions ( paragraphs (a) and (b) of this section.

(a) The standby power unit and its ir stallation shall not adversely affect the safet of the airplane.

(b) The operation of the standby pow unit and its control shall have proven to safe and reliable.

[23 F. R. 7454, Sept. 25, 1958]

APPLICABILITY AND DEFINITIONS

§ 1.0 Applicability of this part.

This part establishes administrativ requirements for the issuance of typ production, and airworthiness certif cates, and for the identification ar marking of aircraft and related product

As used in this part, terms are defined follows:

(a) Administration—(1) Administrar. The Administrator is the Adminisator of the Federal Aviation Agency. (2) Applicant. An applicant is a erson or persons applying for approval an aircraft or any part thereof.

(3) Approved. Approved, when used one or as modifying terms such as eans, devices, specifications, etc., shall ean approved by the Administrator. (4) Authorized representative of the dministrator. An authorized representive of the Administrator means any ployee of the Federal Aviation gency or any private person, auorized by the Administrator to perrm any of the duties delegated to the Iministrator by the provisions of this

rt.

(5) Person. Person means any indidual, firm, copartnership, corporation, mpany, association, joint-stock assoation, or body politic; and includes any ustee, receiver, assignee, or other sim-r representative thereof.'

(6) Prime manufacturer. A prime anufacturer means the person who tiated the design and construction of e product and who applied for the type tificate, or any person to whom a curit right to reproduce the product has en transferred

(7) Subsidiary manufacturer. A subiary manufacturer means the person o contracted with the prime manuturer to produce and to supply to the me manufacturer major assemblies 1 components which are manufaced in conformity with the prime nufacturer's approved drawings and a for the fabrication of the product. 8) United States. United States ans the several States, the District of umbia, and the several Territories I possessions of the United States, inding the Territorial waters and the rlying air space thereof.'

b) Design (1) Aircraft. An aircraft ins any contrivance now known or eafter invented, used, or designed for igation of or flight in the air.' 2) Aircraft engine. An aircraft enè means an engine used, or intended e used, for propulsion of aircraft and udes all parts, appurtenances, and

accessories thereof other than propellers.'

(3) Appliances. Appliances mean instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft engines, or propellers.'

(4) Product. The term product, as used in this part, means: (i) An aircraft, (ii) an aircraft engine, (iii) a propeller, or (iv) any appliance specified in this subchapter (the Civil Air Regulations) as eligible for a type certificate.

(5) Propeller. A propeller includes all parts, appurtenances, and accessories thereof.1

[20 F.R. 7722, Oct. 5, 1955]

§ 1.2 Type design.

gional office of the Federal Aviation Agency.

The application shall be accompanied by a three-view drawing and such preliminary basic data as the applicant may have available.

(b) Application for an engine type certificate, Form ACA-312. This application shall be submitted in duplicate, together with preliminary technical data as required by Part 13 of this subchapter, to the Aircraft Engineering Division, Federal Aviation Agency, Washington 25, D.C.

(c) Application for a propeller type certificate, Form ACA-312. (1) This application, together with Form ACA335, Propeller Supplement to Application for Type Certificate, ACA-312, shall be submitted in duplicate to the Aircraft Engineering Division, Federal Aviation Agency, Washington 25, D.C.

(2) The Form ACA-335 shall contain a description of the design features, the proposed rating, and intended application of the propeller.

(3) The preliminary data as required in Part 14 of this subchapter, and the application forms shall be submitted prior to starting any portion of the official type test.

NOTE: The application, Form ACA-312, serves as a formal request by the applicant and shall be submitted for each new model eligible for approval under the terms of a type certificate.

[CAM 1 Rev., 21 F. R. 8797, Nov. 14, 1956] § 1.11 Products for which issued.

A type certificate may be issued for an aircraft, aircraft engine, propeller, or any appliance for which certification is provided elsewhere in this subchapter. § 1.11-1

Appliances (FAA

which apply to § 1.11).

policies

Inasmuch as Parts 15 and 16 of this subchapter have been rescinded, type certificates are no longer issued for appliances. Types of appliances formerly type certificated under the provisions of Parts 15 and 16 of this subchapter are acceptable for use on aircraft if the appliance complies with a Technical Standard Order issued by the Administrator or is approved as part of the aircraft. [Supp. 3, 23 F. R. 7481, Sept. 26, 1958]

§ 1.12 Requirements for issuance.

A type certificate for a product shall be issued when:

(a) The applicant has submitted th type design (see § 1.2), test reports, ar computations as may be required by th part of the regulations in this subcha ter under which the product is to be ce tificated.

(b) Upon examination of the type d sign and the completion of all tests a inspections, the Administrator finds th the type design meets the requiremen of the applicable regulations in th subchapter.

§ 1.12-1

Requirements for issuance type certificates (FAA policies whi apply to § 1.12).

(a) The requirements for the issuan of a type certificate for a product may found in the following parts of the Ci Air Regulations of this subchapter:

(1) Part 3-Airplane Airworthines Normal, Utility, and Acrobatic Cat gories.

(2) Part 4b-Airplane Airworthines Transport Categories.

(3) Part 5-Glider Airworthiness. (4) Part 6-Rotorcraft Airworthines Normal Category.

(5) Part 7-Rotorcraft Airworthine Transport Categories.

(6) Part 8-Aircraft Airworthine Restricted Category.

(7) Part 9-Aircraft Airworthine Limited Category.

(8) Part 10-Certification and A proval of Imported Aircraft and Rela Products.

(9) Part 13-Aircraft Engine A worthiness.

(10) Part 14-Aircraft Propeller A worthiness.

[CAM 1 Rev., 21 F.R. 8797, Nov. 14, 1956 amended by Supp. 3, 23 F.R. 7481, Sept. 1958]

§ 1.12-2 Inspection of prototype

policies which apply to § 1.15–101 The inspections set forth in § 1.15-1 will apply to the product for which a certificate is requested.

[CAM 1 Rev., 21 F. R. 8797, Nov. 14, 195 § 1.13 Location of manufacturing cilities.

No type certificate for a pro shall be issued if the manufacturing cilities therefor are located outside United States, unless where facilities located outside the United States Administrator finds that no undue den on the Government is created in ministering applicable requirement the act or regulations issued thereu