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 accomMished under a quality control system adete 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 subparagraph (1) through (7) of this paragraph.

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

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

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

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

(d) All operations shall be conduct within the prescribed limitations display in the aircraft or set forth in the provision aircraft flight manual or other docume containing the limitations for the safe ope ation of the aircraft: Provided, That oper tions conducted in direct conjunction wi the type or supplemental type certificati of the aircraft shall be subject to the expe mental aircraft limitations of § 1.74 of P 1 of the Civil Air Regulations, and all "flig tests" as defined in § 60.60 of the Civil Regulations shall be conducted in acco ance with the requirements of § 60.24 of th part.

(e) The operator shall establish pro dures for the use and guidance of flight a ground personnel in the conduct of ope

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 Administrator.

(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.

(1) 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 necestary. 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 provisans of paragraphs (a) through (d) of this section.

(1) In addition to crewmembers, the airtraft may carry only those persons who are sted in $40.356(c) of Part 40 of the Civil Ar Regulations or who are specifically authorized by both the air carrier and the auZorized representative of the Administrator.

(b) The air carrier shall maintain current records for each flight crewmember. These records shall include such information as is ecessary to show that each flight crewmember is properly trained and qualified to perfarm his assigned duties.

c) The appropriate instructor, supervisor, check airman shall certify to the proScency of each flight crewmember and such

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 airorthiness 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 change 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 airplane in service and shall comply with the 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 1 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 1 occur during service.

(7) Installation and operation; stand! power. The standby power unit and its 11 stallation shall comply with the provisions paragraphs (a) and (b) of this section.

(a) The standby power unit and its i stallation shall not adversely affect the safe 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 administrat requirements for the issuance of ty production, and airworthiness cert cates, and for the identification a marking of aircraft and related produ

As used in this part, terms are defined as follows:

(a) Administration—(1) Administrator. The Administrator is the Administrator of the Federal Aviation Agency.

(2) Applicant. An applicant is a person or persons applying for approval of an aircraft or any part thereof.

(3) Approved. Approved, when used alone or as modifying terms such as means, devices, specifications, etc., shall mean approved by the Administrator.

(4) Authorized representative of the Administrator. An authorized representive of the Administrator means any Employee of the Federal Aviation Agency or any private person, horized by the Administrator to perm any of the duties delegated to the dministrator by the provisions of this

art.

au

5 Person. Person means any indiicual, firm, copartnership, corporation, ampany, association, joint-stock assolation, or body politic; and includes any ustee, receiver, assignee, or other simrepresentative thereof.'

€ Prime manufacturer. A prime Bufacturer means the person who Lated the design and construction of product and who applied for the type ricate, or any person to whom a curright to reproduce the product has transferred

17 Subsidiary manufacturer. A subdary manufacturer means the person

contracted with the prime manuturer to produce and to supply to the me manufacturer major assemblies components which are manufactein conformity with the prime thefacturer's approved drawings and for the fabrication of the product. 18 United States. United States

the several States, the District of Jumbia, and the several Territories possessions of the United States, ing the Territorial waters and the ng air space thereof.'

Design (1) Aircraft. An aircraft s any contrivance now known or after invented, used, or designed for Heaton of or flight in the air.'

Aircraft engine. An aircraft enmeans an engine used, or intended be used, for propulsion of aircraft and des 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.'

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

§ 1.2 Type design.

74021-62-3

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 t type design (see § 1.2), test reports, a 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 o sign and the completion of all tests a inspections, the Administrator finds th the type design meets the requireme of the applicable regulations in t subchapter.

§ 1.12-1

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

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

(1) Part 3-Airplane Airworthin Normal, Utility, and Acrobatic C gories.

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

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

(5) Part 7-Rotorcraft Airworthin Transport Categories.

(6) Part 8-Aircraft Airworthi Restricted Category.

(7) Part 9-Aircraft Airworthi Limited Category.

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

(9) Part 13-Aircraft Engine worthiness.

(10) Part 14-Aircraft Propeller worthiness.

[CAM 1 Rev., 21 F.R. 8797, Nov. 14, 19 amended by Supp. 3, 23 F.R. 7481, Se 1958]

§ 1.12-2 Inspection of prototype

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

[CAM 1 Rev., 21 F. R. 8797, Nov. 14, 1

§ 1.13 Location of manufacturi

cilities.

No type certificate for a p shall be issued if the manufacturi cilities therefor are located outsi United States, unless where facilit located outside the United Stat Administrator finds that no undu den on the Government is created ministering applicable requireme the act or regulations issued ther