A type certificate may be transferred or made available to third persons by licensing agreements, and the grantor shall immediately notify the Administrator in writing of any transfer, licensing agreement, or termination thereof. The provisions of § 1.13 shall be complied with. § 1.14-1 Transferability (FAA interpretations which apply to § 1.14). The FAA and the manufacturer to whom the type certificate is issued are the first and second persons involved, and any other person to whom the type certificate holder may transfer privileges incidental to the type certificate is the "third person." [CAM 1 Rev., 21 F.R. 8797, Nov. 14, 1956] § 1.15 Inspections and tests. (a) A representative of the Administrator shall be permitted to make such inspections and, in the case of aircraft, flight tests as may be necessary to determine compliance with applicable requirements. (b) A product manufactured under a type certificate only shall be required to undergo inspection by a representative of the Administrator to determine whether individual products conform with the type design. X (c) The manufacturer of a product being manufactured under a type certificate only shall maintain at the place of manufacture such technical data and drawings as may be necessary to determine whether the product or any part thereof conforms to the current type design. a (d) A manufacturer producing product under the terms of a type certificate without a related production certificate shall provide, for products manufactured after six months from the date of issuance of the type certificate, a production inspection system approved by the Administrator which will give assurance that each article produced is n conformity with the type design and s in a condition for safe operation. $1.15-1 Inspections and tests (FAA policies which apply to § 1.15). (a) Prototype inspection. Each prodct presented for type certification will e subjected to such conformity inspecions, investigations of the workmanship nd fabrication processes, and the witessing of such structural, endurance and operational tests as may be deemed necessary by the Federal Aviation Agency to assure that the product meets applicable requirements and is eligible for a type certificate. The inspection of test articles and the prototype will be conducted after acceptance by the manufacturer's inspectors.1 (b) Fabrication inspection. Subsequent to type certification parts, assemblies, or products fabricated by the prime, subsidiary, or subdivisional manufacturers operating under the terms of a type certificate only will be subjected to inspection' by an authorized representative of the Administrator (hereinafter called FAA representative) while the articles are in an “inspectable" condition. Drawings and other technical data maintained at the place of manufacture should be made available by the manufacturer to the FAA representative to enable him to ascertain that the finished product, or any part thereof, conforms with the applicable requirements and current approved type design data. During the course of fabrication of all critical parts, major assemblies, and the final assembly of the product, the following will be ascertained: that the product is in conformity with the type design data; that fabrication processes and treatments are in conformity with pertinent specifications; and that workmanship and materials are acceptable. All parts, assemblies, and completed products checked by the FAA representative should bear record of having first 1 The FAA inspections are not intended to duplicate the manufacturer's inspections, but rather to verify the effectiveness and accuracy of his inspections. The FAA verification will consist of sampling inspections such as witnessing certain inspections and tests conducted by the manufacturer, spot checking the manufacturer's inspection records, conducting sampling conformity inspections of critical parts or dimensions, witnessing the assembly of major components and critical parts, and examination of the flight test report or operational log sheets. In addition, the inspection will include the checking of design features for compliance with the requirements which are not readily evaluated from the technical data, such as suitable inspection provisions, suitable provisions for servicing and maintenance, and fits, tolerances, clearances, interferences, ventilation, drainage, etc. The frequency of the sampling inspections will depend, to a large extent, on the degree of conformity with the type design data and other requirements applicable to the particular product. 1.110 Removal of aircraft identification marks. AUTHORITY: §§ 1.0 to 1.110 issued under sec. 205, 52 Stat. 984, as amended; 49 U. S. C. 425. Interpret or apply secs. 601, 603, 1102, 52 Stat. 1007, as amended, 1009, as amended, 1026, as amended; 49 U.S.C. 551, 553, 672. Additional authority is cited in parentheses following the sections affected. SOURCE: §§ 1.0 to 1.110, issued by the Civil Aeronautics Board, appear at 20 F. R. 7722, Oct. 14, 1955, as amended at 24 F.R. 5, Jan. 1, 1959, except as otherwise noted. Sections of this part bearing two or more numbers to the right of the decimal point separated by a dash are rules, policies or interpretations issued by the former Civil Aeronautics Administration (now the Federal Aviation Agency). Sources are cited to text. SPECIAL CIVIL AIR REGULATIONS SR-407 1. Applicability. Contrary provisions of the Civil Air Regulations regarding certification notwithstanding,1 this regulation shall provide the basis for approval by the Administrator of modifications of individual Douglas DC-3 and Lockheed L-18 airplanes subsequent to the effective date of this regulation. 2. General modifications. Except as modified in sections 3 and 4 of this regulation, an applicant for approval of modifications to a DC-3 or L-18 airplane which result in changes in design or in changes to approved limitations shall show that the modifications were accomplished in accordance with the rules of either Part 4a or Part 4b in effect on September 1, 1958, which are applicable to the modification being made: Provided, That an applicant may elect to accomplish a modification in accordance with the rules of Part 4b in effect on the date of application for the modification in lieu of Part 4a or 1 It is not intended to waive compliance with such airworthiness requirements as are included in the operating parts of the Civil Air Regulations for specific types of operation. Part 4b as in effect on September 1, 1953: And provided further, That each specific modification must be accomplished in accordance with all of the provisions contained in the elected rules relating to the particular modification. 3. Specific conditions for approval. An applicant for any approval of the following specific changes shall comply with section 2 of this regulation as modified by the applicable provisions of this section. (a) Increase in take-off power limitation1,200 to 1,350 horsepower. The engine takeoff power limitation for the airplane may be increased to more than 1,200 horsepower but not to more than 1,350 horsepower per engine if the increase in power does not adversely affect the flight characteristics of the airplane. (b) Increase in take-off power limitation to more than 1,350 horsepower. The engine take-off power limitation for the airplane may be increased to more than 1,350 horsepower per engine if compliance is shown with the flight characteristics and ground handling requirements of Part 4b. (c) Installation of engines of not more than 1,830 cubic inches displacement and not having a certificated take-off rating of more than 1,350 horsepower. Engines of not more than 1,830 cubic inches displacement and not having a certificated take-off rating of more than 1,350 horsepower which necessitate a major modification or redesign of the engine installation may be installed, if the engine fire prevention and fire protection are equivalent to that on the prior engine installation. (d) Installation of engines of more than 1,830 cubic inches displacement or having certificated take-off rating of more than 1,350 horsepower. Engines of more than 1,830 cubic inches displacement or having certificated take-off rating of more than 1,350 horsepower may be installed if compliance is shown with the engine installation requirements of Part 4b: Provided, That where literal compliance with the engine installation requirements of Part 4b is extremely difficult to accomplish and would not contribute materially to the objective sought, and the Administrator finds that the experience with the DC-3 or L-18 airplanes justifies it, he is authorized to accept such measures of compliance as he finds will effectively accomplish the basic objective. 4. Establishment of new maximum certificated weights. An applicant for approval of new maximum certificated weights shall apply for an amendment of the airworthiness certificate of the airplane and shall show that the weights sought have been established, and the appropriate manual material obtained, as provided in this section. NOTE: Transport category performance re quirements result in the establishment o maximum certificated weights for variou altitudes. (a) Weights-25,200 to 26,900 for the DCand 18,500 to 19,500 for the L-18. New maxi mum certificated weights of more than 25,200 but not more than 26,900 pounds for DC-3 and more than 18,500 but not more than 19,500 pounds for L-18 airplanes may be established in accordance with the transport category performance requirements of either Part 4a or Part 4b, if the airplane at the new maximum weights can meet the structural requirements of the elected part. (b) Weights of more than 26,900 for the DC-3 and 19,500 for the L-18. New maximum certificated weights of more than 26.900 pounds for DC-3 and 19,500 pounds for L-18 airplanes shall be established in accordance with the structural performance, flight characteristics, and ground handling requirements of Part 4b: Provided, That where literal compliance with the structural requirements of Part 4b is extremely difficult to accomplish and would not contribute materially to the objective sought, and the Administrator finds that the experience with the DC-3 or L-18 airplanes justifies it, he is authorized to accept such measures of compliance as he finds will effectively accomplish the basic objective. (c) Airplane flight manual-performance operating information. An approved airplane flight manual shall be provided for each DC-3 and L-18 airplane which has had new maximum certificated weights established under this section. The airplane fight manual shall contain the applicable performance information prescribed in that part of the regulations under which the new certificated weights were established and such additional information as may be necessary to enable the application of the takeo en route, and landing limitations prescribed for transport category airplanes in the operating parts of the Civil Air Regu lations. (d) Performance operating limitations. Each airplane for which new maximum certificated weights are established in accordance with paragraphs (a) or (b) of this section shall be considered a transport category atrplane for the purpose of complying with the performance operating limitations applicable to the operations in which it is tilized. 3. Reference: Unless otherwise provided, all references in this regulation to Part 4a and Part 4b are those parts of the Civil Air Regulations in effect on September 1, 1953. NOTE: Parts 4a and 4b as amended and in effect on September 1, 1953, were published the FEDERAL REGISTER at the following citations: Part 4a, 14 F. R. 4072, 14 F. R. 3742, 14 F. R. 6769, 15 F. R. 28, 17 F. R. 11631; Part 4b, 15 F. R. 3543, 15 F. R. 8903, 15 F. R. 24. 16 F. R. 314, 16 F. R. 11759, 16 F. R. 1120, 17 F. R. 1087, 17 F. R. 11631, 18 F. R. 213 This regulation supersedes Special Civil 19 FR. 5039, Aug. 11, 1954] SR-425C GENERAL 1. Applicability. Contrary provisions of the Civil Air Regulations notwithstanding, provisional type and airworthiness certificates, amendments to provisional type certificates, and provisional amendments to type certificates, will be issued as prescribed in this regulation to a manufacturer or an air carrier. As used in this regulation, a manufacturer shall mean only a manufacturer who is a citizen of the United States; and the term air carrier shall not include an air taxi operator. 2. Eligibility. (a) A manufacturer of aircraft manufactured by him within the United States may apply for Class I or Class II provisional type and provisional airworthiness certificates, for amendments to provisional type certificates held by him, and for provisional amendments to type certificates held by him. (b) An air carrier holding an air carrier operating certificate authorizing him to conduct operations under Parts 40, 41, 42, or 46 of the Civil Air Regulations may apply for Class II provisional airworthiness certificates for transport category aircraft which meet the conditions of either subparagraphs (1) or (2) of this paragraph. (1) The aircraft has a currently valid Class II provisional type certificate or an amendment thereto; (2) The aircraft has a currently valid provisional amendment to a type certificate which was preceded by a corresponding Class II provisional type certificate. (c) An engine manufacturer who has altered a type certificated aircraft by installing different type certificated engines, manufactured by him within the United States, in place of the original engines, may apply for Class I provisional type and provisional airworthiness certificates for such 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, or transport category. 3. Application—(a) General. Applications for provisional type and airworthiness certificates, for amendments to provisional type certificates, and for provisional amendments to type certificates, shall be submitted to the Chief, Flight Standards Division, FAA, of the Regional Office in which the manufacturer or air carrier is located and shall be accompanied by the pertinent information specified in this regulation. 4. Duration. Unless sooner surrendered, superseded, revoked, or otherwise terminated, certificates and amendments thereto, shall have periods of duration in accordance with paragraphs (a) through (f) of this section. (a) A Class I provisional type certificate shall remain in effect for 24 months after the date of its issuance or until the date of issuance of the corresponding type or supple mental type certificate, whichever occurs first. (b) A Class I provisional type certificate shall expire immediately upon issuance of a Class II provisional type certificate for aircraft of the same type design. (c) A Class II provisional type certificate shall remain in effect for 6 months after the date of its issuance or 60 days after the date of issuance of the corresponding type certificate, whichever occurs first. (d) An amendment to a Class I or a Class II provisional type certificate shall remain in effect for the duration of the corresponding provisional type certificate. (e) A provisional amendment to a type certificate shall remain in effect for 6 months after its approval or until the amendment to the type certificate is approved, whichever occurs first. (f) Provisional airworthiness certificates shall remain in effect for the duration of the corresponding provisional type certificate, amendment to a provisional type certificate, or a provisional amendment to the type certificate. 5. Transferability of certificates. Certificates issued pursuant to this regulation are not transferable except that a Class II provisional airworthiness certificate may be transferred to an air carrier eligible to apply for such certificate under section 2 of this regulation. 6. Display of certificates and markings. A provisional airworthiness certificate shall be prominently displayed in the aircraft for which it is issued. The words "Provisional Airworthiness" shall be painted in letters not less than 2 inches high on the exterior of such aircraft adjacent to each entrance to the cabin and cockpit of the aircraft. REQUIREMENTS FOR ISSUANCE 7. Class I provisional type certificates. A Class I provisional type certificate and amendments thereto will be issued for a particular type design when the eligible aircraft or engine manufacturer shows compliance with the provisions of paragraph (a) through (f) of this section, and an authorized representative of the Administrator finds, on the basis of information submitted to him by the manufacturer in compliance with the provisions of this section and of other relevant information, that there is no feature, characteristic, or condition which would render the aircraft unsafe when operated in accordance with the limitations established in paragraph (d) of this section and in section 13 of this regulation. (a) The manufacturer has applied for the issuance of a type or supplemental type certificate for the aircraft. (b) The manufacturer certifies that the aircraft has met the provisions of subparagraphs (1) through (3) of this paragraph. (1) The aircraft has been designed and structed in accordance with the airiness requirements applicable to the issuance of the type or supplemental type certificate for the aircraft; (2) The aircraft substantially complies with the applicable flight characteristics requirements for the type or supplemental type certificate; (3) The aircraft can be operated safely under the appropriate operating limitations specified in this regulation. (c) The manufacturer has submitted a report showing that the aircraft had been flown in all maneuvers necessary to show compliance with the flight requirements for the issuance of the type or supplemental type certificate and to establish that the aircraft can be operated safely in accordance with the limitations specified in this regulation. (d) The manufacturer has established limitations with respect to weights, speeds flight maneuvers, loading, operation of con trols and equipment, and all other relevan factors. The limitations shall include all the limitations required for the issuance of type or supplemental type certificate for th aircraft. Provided, That, where such limita tions have not been established, appropriat restrictions on the operation of the aircraf shall be established. (e) The manufacturer has established a inspection and maintenance program for th continued airworthiness of the aircraft. (f) A prototype aircraft has been flown b the manufacturer for at least 50 hours pu suant to the authority of an experiment certificate issued under Part 1 of the Civ Air Regulations or under the auspices of United States military service: Provide That the number of flight hours may be r duced by the authorized representative the Administrator in the case of an amen ment to a provisional type certificate. 8. Class I provisional airworthiness cer ficates. Except as provided in section 12 this regulation, a Class I provisional a worthiness certificate will be issued for aircraft, for which a Class I provisional ty certificate is in effect, when the eligi aircraft or engine manufacturer shows co pliance with the provisions of paragraphs ( through (d) of this section, and an auth ized representative of the Administrator fir that there is no feature, characteristic, condition of the aircraft which would ren the aircraft unsafe when operated in acco ance with the limitations established sections 7(d) and 13 of this regulation. (a) The manufacturer is the holder of provisional type certificate for the aircra (b) The manufacturer submits a sta ment that the aircraft conforms to the t design corresponding with the provisio type certificate and has been found by i to be in safe operating condition under applicable limitations. (c) The aircraft has been flown at 1 5 hours by the manufacturer. (d) The aircraft has been supplied a provisional aircraft flight manual or of document and appropriate placards cont ing the limitations required by sections 7(d) and 13 of this regulation. 9. Class II provisional type certificates. A Class II provisional type certificate and amendments thereto will be issued for a particular transport category type design when the manufacturer of the aircraft shows compliance with the provisions of paragraphs (a) through (h) of this section, and an authorized representative of the Administrator inds, on the basis of information submitted to him by the manufacturer in compliance with the provisions of this section and of other relevant information, that there is no feature, characteristic, or condition which would render the aircraft unsafe when operated in accordance with the limitations established in paragraph (f) of this section and in sections 13 and 14 of this regulation. (a) The manufacturer has applied for the issuance of a transport category type certificate for the aircraft. (b) The manufacturer holds a type certificate and a currently effective production certificate for at least one other aircraft in the same transport category as the subject aircraft. (c) The Agency's official flight test program with respect to the issuance of a type certificate for the aircraft is in progress. (d) The manufacturer certifies that the aircraft has met the provisions of subparagraphs (1) through (3) of this paragraph. (1) The aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the suance of the type certificate for the airtraft; (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. (e) The manufacturer has submitted a report showing that the aircraft had been Down in all maneuvers necessary to show compliance with the flight requirements for the issuance of the type certificate and to establish that the aircraft can be operated safely in accordance with the limitations specified in this regulation. (f) The manufacturer has prepared a provional aircraft flight manual which includes limitations with respect to weights, speeds, flight maneuvers, loading, operation of controls and equipment, and all other relevant factors. The limitations shall intude all the limitations required for the ruance of a type certificate for the aircraft: Provided, That, where such limitations have not been established, the provisional ght manual shall contain appropriate renctions on the operation of the aircraft. (g) The manufacturer has established an pection and maintenance program for continued airworthiness of the aircraft. b) A prototype aircraft has been flown the manufacturer for at least 100 hours ant to the authority of either an ex perimental certificate issued under Part 1 of the Civil Air Regulations or a Class I provisional airworthiness certificate: Provided, That the number of flight hours may be reduced by the authorized representative of the Administrator in the case of an amendment to a provisional type certificate. 10. Class II provisional airworthiness certificates. Except as provided in section 12 of this regulation, a Class II provisional airworthiness certificate will be issued for an aircraft, for which a Class II provisional type certificate is in effect, 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 which would render the aircraft unsafe when operated in accordance with the limitations established in sections 9(f), 13, and 14 of this regulation. (a) The applicant submits evidence that a Class II provisional type certificate for the aircraft has been issued to the manufacturer. (b) The applicant submits a statement by the manufacturer that the aircraft has been manufactured under a quality control system adequate to ensure that the aircraft conforms to the type design corresponding with the provisional 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 containing the limitations required by sections 9(f), 13, and 14 of this regulation. 11. Provisional amendments to type certificate. A provisional amendment to a type certificate will be approved when the manufacturer of the type certificated aircraft shows compliance with the provisions of paragraphs (a) through (g) of this section, and an authorized representative of the Administrator finds, on the basis of information submitted to him by the manufacturer in compliance with the provisions of this section and of other relevant information, that there is no feature, characteristic or condition which would render the aircraft unsafe when operated in accordance with the limitations established in paragraph (e) of this section, and section 13 and, if applicable, section 14 of this regulation. (a) The manufacturer has applied for an amendment to the type certificate. (b) The Agency's official flight test program with respect to the amendment of the type certificate is in progress. (c) The manufacturer certifies that the aircraft has met the provisions of subparagraphs (1) through (3) of this paragraph. (1) The modification involved in the amendment to the type certificate has been designed and constructed in accordance with |