(3) Upon inspection of the aircraft, the Administrator finds that the aircraft conforms to the type design and is in an airworthy condition for safe operation. (Secs. 313(a), 601, 603, 72 Stat. 752, 775, 776; 49 U.S.C. 1354(a), 1421, 1423) [20 F.R. 7722, Oct. 14, 1955, as amended by Amdt. 1-2, 24 F.R. 7065, Sept. 1, 1959; Amdt. 1-3, 24 F.R. 9839, Dec. 8, 1959]

§ 1.68 Airworthiness certificates for restricted category aircraft.

Aircraft certificated in the restricted category shall not be used for the carriage of persons or cargo for compensation or hire. For purposes of this section, crop dusting, seeding, and other similar specialized operations are not considered as the carriage of persons or cargo for compensation or hire. Other special limitations for such aircraft are prescribed under the provisions of Part 8 of this subchapter. This section shall also apply to import aircraft certificated in accordance with Part 10 of this subchapter and § 1.69 of this part.

§ 1.69 Airworthiness certificates for restricted category aircraft; requirements for issuance.

The requirements for issuance of an airworthiness certificate for an aircraft in the restricted category are as stated in paragraphs (a) and (b) of this section.

(a) Aircraft manufactured under a production certificate or type certificate only. An applicant for the original issuance of an airworthiness certificate for an aircraft in the restricted category, type certificated under the provisions of § 8.10 (a) (1) of this subchapter, shall comply with the appropriate provisions of § 1.67.

(b) Other aircraft. An applicant for the issuance of an airworthiness certificate for aircraft of the restricted category other than those referred to in paragraph (a) of this section, such as surplus military aircraft and modified civil aircraft, may be issued such certificate when he demonstrates compliance with the provisions of subparagraphs (1) through (3) of this paragraph.

(1) The aircraft has been type certificated under the provisions of § 8.10 (a) (2) of this subchapter, or modified under the provisions of § 8.10 (b) of this subchapter;

(2) The aircraft has been inspected by the Administrator and found by him to be in a good state of preservation and repair and in condition for safe operation; and

(b) Any aircraft certificated in th restricted and any other category shal be inspected and approved by an author ized representative of the Administrator or by a certificated mechanic with an ap propriate airframe rating, to determin airworthiness each time the aircraft converted from the restricted categor to another category for the carriage passengers for compensation or hire, ur less the Administrator finds this unnec essary for safety in a particular cas § 1.70-1 Issuance of multiple airworth ness certificates (FAA policies whi apply to § 1.70).

FAA policies concerning multiple ai worthiness certificates are contained Part 8 of this subchapter. (See § 1.69 for procurement of the manual f Part 8).

[CAM 1 Rev., 21 F. R. 8807, Nov. 14, 1956] § 1.71 Airworthiness certificate for li ited category aircraft.

Airworthiness certificates in the li ited category are issued for surplus mi tary aircraft type certificated under På 9 of this subchapter. Aircraft in t

The following procedure should be followed by an applicant for a Limited Airworthiness Certificate.

(1) Establish that the aircraft in question is one of the models or series that have been issued a Limited Type Certificate. (See paragraph (a) of this section for listing of aircraft issued a "limited category" type certificate.)

(2) Determine that the aircraft configuration conforms to the requirements set forth in the pertinent "limited category" aircraft specification.

(3) Present evidence that the periodic inspection has been accomplished by an appropriately rated mechanic immediately prior to submitting the application. The scope of a periodic inspection is described under § 18.30-18 of this subchapter.

(4) Accomplish a flight test for the purpose of checking the proper functions of the powerplant, instruments and controls of airframe and powerplant.

(5) Present logbooks for the aircraft. The logbooks should show the results of the flight test and be signed by the pilot making the flight test. The entry should indicate that the aircraft performs normally and is considered airworthy.

(6) Present any information or technical orders that the FAA representative deems necessary to establish airworthiness compliance.

(7) Present a properly executed application for a Limited Airworthiness Certificate. Application for a Limited Airworthiness Certificate is made on Form ACA-305. (See § 1.60-2 for application procedure.)

air

(8) Present with the application a "limited category" aircraft specification for the particular model shown on the application. "Limited category" craft specifications are available free of charge from the FAA regional offices, or the FAA Office of Aviation Information, Washington 25, D. C.

The applicant should discuss the "limited category" aircraft certification requirements with the local FAA representative prior to formally submitting the aircraft for inspection and certification. This procedure is not mandatory; however, it will usually expedite final approval since the FAA representative will be able to instruct the applicant concerning the requirements for his particular aircraft.

CAM 1 Rev., 21 F. R. 8807, Nov. 14, 1956]

§ 1.72

Airworthiness certificate for limited category aircraft; requirements for reissuance.

An applicant for an airworthiness certificate for an aircraft in the limited category shall show that the aircraft has been previously type certificated in the limited category, and that the aircraft complies fully with the requirements of Part 9 of this subchapter.

§ 1.72-1 Procedure to be followed for recertification in the "limited category" (FAA policies which apply to § 1.72).

Aircraft previously certificated in the "limited category" and subsequently certificated in the "restricted" or "experimental" classification of airworthiness are eligible for recertification in the "limited" classification of airworthiness; provided, the aircraft is restored to the original level of airworthiness and is in a good state of preservation and repair, and in condition for safe operation. Application for recertification should be made in the same manner as outlined in § 1.71-1 (b).

[CAM 1 Rev., 21 F. R. 8807, Nov. 14, 1956] § 1.73 Experimental certificates.

Experimental certificates are issued for amateur-built aircraft and for aircraft which are to be used for experiment, for exhibition, for air racing, and to show compliance with the regulations in this subchapter for the issuance of type certificates and related purposes.

[23 F. R. 4625, June 25, 1958]

Note: The Board interprets and construes 1.73 as permitting the training by the manufacturer of its flight crews in an aircraft possessing an experimental certificate issued for the purpose of showing compliance with the regulations for the issuance of type certificates and airworthiness certincates.

[23 F. R. 4625, June 25, 1958]

§ 1.73-1 Experimental airworthiness certification (FAA policies which apply to § 1.73).

(a) Type of operations. Experimental airworthiness certificates are issued for the following, and similar types of operations: research and development; flight testing leading to type certificates; testing of new installations such as powerplants, propellers, controls, electronic equipment, etc., racing and exhibition flights and amateur-built aircraft.

(b) Experimental military type aircraft. Aircraft built on a military contract and identified by military aircraft identification marks are considered public aircraft and do not require issuance of airworthiness certificates. However, aircraft of military design built independently by manufacturers with the intention of demonstrating to prospective military purchasers, and not having military identification, will be required to obtain an Experimental Airworthiness Certificate inasmuch as such aircraft would be considered civil aircraft.

(c) Amateur-built aircraft. Amateurbuilt aircraft will be eligible for an Experimental Airworthiness Certificate when the applicant presents satisfactory evidence that the aircraft was designed and/or fabricated by an individual or group of individuals, the project having been undertaken for educational or recreation purposes and the FAA finds that the aircraft complies with the amateur-built aircraft requirements set forth in § 1.74-3.

[CAM 1 Rev., 21 F. R. 8807, Nov. 14, 1956] § 1.74 Experimental certificates ; requirements for issuance.

The requirements for the issuance of experimental certificates are as stated in paragraphs (a) and (b) of this section.

(a) In applying for an experimental certificate the applicant shall submit:

(1) A statement upon a form and in a manner prescribed by the Administra tor setting forth the purpose for which the aircraft is to be used,

(2) Sufficient data, such as photo graphs, to identify the aircraft, and

(3) Upon inspection of the aircraft any pertinent information found neces sary by the Administrator to safeguar the general public.

(b) The Administrator shall pre scribe appropriate operating restriction for the use of experimental aircraf Such restrictions shall include the pro hibition of carrying persons or propert for compensation or hire. § 1.74-1

Requirements for the issuan of experimental airworthiness certif cates (FAA rules which apply 1 § 1.74(a)).

(b) The estimated time or number of flights required to conduct the experiment.

(c) The areas over which it is desired to conduct the experiment.

(d) A three-view drawing of the aircraft specifiying only the external dimensions. (Three-view dimensioned photographs will be acceptable in lieu of the drawings. This information need not be submitted for any "experimental" aircraft converted from a basic approved type provided the external configuration has not appreciably changed.) [CAM 1 Rev., 21 F. R. 8808, Nov. 14, 1956] § 1.74-2 Additional information (FAA

policies which apply to § 1.74(a)). The applicant may be called upon to submit additional information during the airworthiness inspection conducted by the FAA representative. For example, the FAA representative might request the applicant to furnish information concerning a particular construction technique used to fabricate the aircraft or information as to the type of material or gauge of tubing. The purpose of such requests by the FAA representative would be to help determine the general airworthiness of the aircraft and to establish operation limitations or restrictions to safeguard the general public.

[CAM 1 Rev., 21 F. R. 8808, Nov. 14, 1956]

§ 1.74-3 Certification of amateur-built aircraft (FAA policies which apply to § 1.74).

The following policies will apply to the certification and operation of aircraft of amateur design and construction designed and built by educational institutions and individuals without complying with all the requirements of "standard" aircraft:

(a) Scope. While amateur-built aircraft are issued "experimental" airworthiness certificates, the airworthiness requirements for this type of aircraft are of greater scope than those for other types of "experimental" aircraft. The reason is that after the aircraft has completed the flights specified in paragraph (g) and paragraph (h) of this section, the aircraft operation limitations, upon application, may be modified to permit the carriage of nonrevenue passengers. In addition, the area restrictions normally prescribed for "experimental" aircraft may be modified to authorize extended flights.

(b) Design and construction, powerplant and equipment. Amateur-built aircraft should not have any apparent unsatisfactory features of design and construction. The following guide to design and construction should be followed by an applicant if he intends to apply for an amateur-built aircraft Experimental Airworthiness Certificate:

(1) Approved components such as engines, propellers, wheels, and similar items should be used wherever possible. Structural components of other aircraft may be used; however, it is not intended that this provision be used to avoid obtaining approval of major alterations to aircraft previously certificated in another category.

(2) Protrusions, knobs, sharp corners, and other objects likely to cause serious injury to the pilot or passengers in the event of a minor crash should be reduced to a minimum. Where removal is impractical, consideration should be given to use of padding.

(3) Instruments and equipment as required by § 43.30 (a) of this subchapter should be installed. Safety belts should be installed for each seat.

(4) Suitable means, consistent with the size and complexity of the aircraft, should be provided to reduce the hazard of fire. A fire wall isolating the engine compartment from the remainder of the aircraft should be provided.

(5) Any engine or propeller may be used, provided no adverse characteristics of the engine, propeller, or engine-propeller combination are evident or known to the Administrator.

(6) The complete powerplant installation, including the propeller, as installed in the aircraft should satisfactorily undergo at least one hour of ground operation from idling to full throttle power prior to the first flight. The applicant may use any time interval he desires at the various speeds he selects.

(7) Only fuel of a grade which will eliminate destructive detonation and minimize the possibility of vapor lock should be used.

(8) Suitable means should be provided to minimize the possibility of carburetor ice.

(9) An identification plate containing at least the following should be displayed in the cabin or cockpit:

(i) The name and address of the builder.

(ii) The model designation.

(iii) The serial number.

(iv) The date of manufacture.

(c) Essential data. In addition to the information furnished on application, Form ACA-305, the following information should be submitted with the application:

(1) Horsepower rating of engine and propeller.

(2) Empty weight and maximum weight at which the aircraft will be operated.

(3) Number of seats installed and their arrangement with respect to each other.

(4) Whether single or dual control. (5) Fuel and oil capacities.

(6) Maximum speed at which the applicant expects to operate the aircraft.

(7) A statement as to the criteria (any regulations, design data, or other information) used as a basis for the design.

As

(d) Examination and inspection. part of the certification procedure the aircraft will be subjected to examination and general inspection for airworthiness by an authorized FAA representative. Compliance with specific design requirements contained in paragraph (b) of this section, as well as good aeronautical practice will be determined by means of this inspection and examination. Any apparent unairworthy feature, workmanship or device disclosed by the inspection will be repaired, reworked, or otherwise be changed to be acceptable to the FAA prior to certification as an amateur-built aircraft.

Upon satis

(e) Initial restrictions. factory completion of all necessary inspections and testing on the ground, the FAA representative will issue an amateur-built aircraft "experimental" airworthiness certificate. Initially, the aircraft operating limitations of all amateur-built aircraft will contain appropriate restrictions as follows:

(1) Only day VFR flight will be authorized.

(2) The permissible flight area will be restricted to minimize any hazard to the general public. In no case will the initial permissible flight area exceed a 25mile radius

from applicant's base. Flights over thickly populated areas will be prohibited.

(3) Occupants of the aircraft will be limited to essential crew members, and, except in single place aircraft, the cabin or cockpit will be placarded, "Passengers Prohibited," in such a manner and location as to be visible from all seats.

(4) The aircraft will not be used for the carriage of cargo nor in connection with any business or employment.

(5) Such additional restrictions as the Administrator may deem necessary in the interest of safety.

(f) Modified restrictions. Upon satisfactory completion of the flight experience requirements outlined in paragraph (g) of this section, and the flight test demonstration outlined in paragraph (h) of this section, the flight operation restrictions applied at the time of initial certification may be amended as follows:

(1) Acrobatics may not be performed while carrying passengers.

(2) The restriction regarding flight areas may be removed.

(3) Passengers or cargo may not be carried for compensation or hire.

The placard "Passengers Prohibited" may be removed and the following substituted:

Passenger Warning-this aircraft is amateurbuilt and does not comply with the Federal Safety Regulations for "standard" aircraft.

(g) Flight experience. Prior to conducting the flight demonstration provided in paragraph (h) of this section, and subsequent to modification of the operating restrictions as provided for in paragraph (f) of this section, the applicant should submit evidence that the following flight experience has been accumulated on the aircraft.

(1) The aircraft should have been flown at least 50 hours when a type certificated engine is installed, or 75 hours when an uncertificated engine is used.

(2) When application is made for the modification of the operation restrictions, the applicant should submit a log of the aircraft flight history, containing at least the following information:

(i) The duration of each individual flight counted toward the flight time of (1) above.

(ii) A statement as to the purpose of each flight (test, pleasure, proficiency).

or

(iii) Number of landings made. (iv) A full description of any mishaps however minor, or any experiences not entirely normal that occur during the flight experience period.

The pertinent portion of the log should be certified by the signature of the applicant and by the signature of the pilot or pilots, other than the applicant that flew