limitations which may be listed in accordance with § 43.10-1 of this subchapter for an aircraft certificated under this part and intended for agricultural operations such as spraying, dusting, seeding, and pest control. The FAA representative may modify these or prescribe additional aircraft limitations if he finds they are necessary for the safe operation of the aircraft and the protection of the public.

(1) Example of operating limitations. This aircraft has been certificated under the provisions of this part as a special purpose agricultural and pest control aircraft.

(i) This aircraft shall not be operated in any manner which will endanger public life and property. The operator shall adjust the take-off weight to provide a safe margin of performance for the existing operating conditions, considering the take-off area, altitude, temperature, and terrain. For maximum capacities of hoppers and spray tanks see placards.

NOTE: These placards may be revised in accordance with § 8.10-4 (b).

(ii) Maneuvers shall be limited to those normally performed in agricultural operations.

(iii) Agricultural and pest control operations shall not be conducted over densely populated areas, in congested air lanes, or in the vicinity of busy airports where passenger transport operations are being conducted, unless the Administrator finds it in the public interest to authorize such operation and has issued a Certificate of Waiver or Authorization, Form ACA-663, permitting such operation.

(iv) Persons and cargo shall not be carried for compensation or hire.

(v) Persons other than the minimum crew necessary for the agricultural operations shall not be carried during these operations.

(vi) No person shall be carried in the aircraft unless a seat and safety belt, installed in accordance with good aeronautical practice, is provided for his use.

(2) Examples of additional limitations. Examples of additional limitations which the FAA representative may prescribe for safe operation and the protection of the public are:

(1) A prohibition against sulphur dusting, unless special fire prevention

measures have been incorporated in the aircraft.

(ii) A statement in the area operating limitations (subparagraph (1) (iii) of this paragraph) that the aircraft is not eligible for a waiver to operate over congested areas because of uncertificated powerplant components. (See § 8.10-4 (d)).

(iii) Restricted engine speed (rpm) ranges, if a metal propeller stress survey indicates the need for such restrictions.

(c) Aerial advertising aircraft. For special purpose operations such as banner towing, skywriting, and similar operations normally conducted over populated areas, aircraft limitations, such as weight, airspeed and engine limits, will be prescribed and will be essentially the same as those established under the airworthiness requirements for the basic type, unless the nature of the special purpose operations or the design of the basic aircraft or the modifications indicate that a particular limitation should be altered. (See § 8.10-5.)

[Supp. 1, 15 F. R. 9230, Dec. 23, 1950, as amended by Supp. 2, 18 F. R. 6843, Oct. 30. 1953]

§ 8.31

Area operating limitations.

Special purpose operations in restricted category aircraft shall not be conducted over densely populated areas, in congested air lanes, or in the vicinity of busy airports where passenger transport operations are being conducted, unless the Administrator finds it in the public interest to allow operations in such areas, in which case he shall prescribe specific operating limitations to provide the highest degree of public safety compatible with the type of operation involved.

[15 F. R. 5225, Aug. 12, 1950] § 8.31-1

Waiver of operation limitations (FAA policies which apply to § 8.31).

If an operator desires to conduct special purpose operations in the areas described in § 8.31, using a restricted category aircraft, he should comply with the following procedures:

(a) Application. The applicant should obtain two copies of Form ACA400, Application for Certificate of Waiver, from the local Aviation Safety District Office, and fill out both copies as follows:

(1) Type, or print in ink.

(2) Give complete information on items 1 through 7.

(3) Under item 3, insert "8.31" and describe the area, List all other sections of the Civil Air Regulations for which other authorization, permission or waiver is required, such as § 60.17 (b) of this subchapter for operation below minimum altitudes.

(4) Sign both copies of the completed application in the space provided on the reverse side for the applicant's signature.

(b) Certificate of waiver or authorization. After examining the application and the aircraft operation limitations, the FAA will issue a Certificate of Waiver or Authorization, Form ACA-663, where it is found in the public interest to allow the proposed operations. Where the operation conflicts with any state law or local ordinance or requires permission of local authorities or property owners, it is the responsibility of the operator to obtain such permission.

(c) Special provisions. The certificate will contain such special provisions as the approving agent may deem necessary in the interest of safety. Examples illustrating such provisions are:

(1) A thorough inspection of the aircraft, engine, and special equipment shall be made prior to each day's operations.

(2) A planned course of action shall be followed with emphasis on selection of available emergency landing areas.

(3) A capable and experienced pilot holding at least a commercial rating will be used.

(4) Appropriate officials of the community involved shall be notified prior to beginning the operations.

(5) Air traffic control for the area involved shall be notified prior to the beginning of the operations.

(6) Any specific precaution deemed necessary for the particular area involved.

(7) Any specific precaution deemed necessary for the type of operation involved.

(d) Duration. The certificate will contain an expiration date which will allow ample time for completion of the operation.

[Supp. 2, 18 F. R. 6845, Oct. 30, 1953]

§ 8.32 Economic operating limitations.

Persons and cargo shall not be carried for compensation or hire in restricted category aircraft. For purposes of this section crop dusting, seeding, and other similar specialized operations, including the carriage of materials necessary for such operations, shall not be considered as the carriage of persons or cargo for compensation or hire.

[15 F. R. 5225, Aug. 12, 1950]

§ 8.32-1

Economic operating limitations (FAA interpretations which apply to § 8.32).

Under the provisions of § 8.32 restricted category aircraft are not permitted to carry passengers or cargo for hire. This section does not prohibit the non-revenue carriage of personnel in addition to crew members from one location to the other; provided, the aircraft does not engage in special purpose operations during the flight. (See § 8.33.) For example, an operator might fly his ground-crew to a location where special operations are to be conducted. The carriage of such persons, their personal luggage, and spare parts would not be considered as the carriage of passengers or cargo for hire or compensation. When such persons are carried, they should have available seats and safety belts, installed in the aircraft in accordance with good aeronautical practice. [Supp. 1, 15 F. R. 9230, Dec. 23, 1950] § 8.33 Passengers prohibited during special purpose operations.

Persons, other than the minimum crew necessary for the purpose involved, shall not be carried during special purpose operations in restricted category aircraft.

[15 F. R. 5226, Aug. 12, 1950]

§ 8.33-1 Passengers prohibited during special purpose operations (FAA interpretations which apply to § 8.33). The minimum crew specified in § 8.33 includes those persons necessary to navigate the aircraft, such as pilot, co-pilot, and flight engineer, and such other persons as may be required to perform the special purpose operations. For example, a multi-engine aircraft engaged in an agricultural operation of dispersing poison bran might be navigated by a pilot and co-pilot, and also have as part of its crew persons engaged in the dispersing of the bran. All of these persons would be considered crew members

since each has a specific job to perform in connection with the special purpose operation. Persons other than crew members are not permitted to be carried during special purpose operations. A pilot or other crew member who is being given training in the special purpose operations may be considered an essential crew member. In such case, a charge may be made for the training in aircraft certificated under this part. [Supp. 1, 15 F. R. 9230, Dec. 23, 1950, as amended by Supp. 2, 18 F. R. 6845, Oct. 30, 1953]

§ 8.34 Separate operating limitations for multiple airworthiness certification.

of

In case of multiple airworthiness certification under the provisions § 8.21, the Administrator shall establish separate operating limitations for each category and shall specify the approved changes necessary to convert and reconvert the aircraft from one category to another.

[15 F. R. 5226, Aug. 12, 1950]

§ 8.34-1 Operating limitations for multiple airworthiness certification (FAA policies which apply to § 8.34).

(a) Operations limitations. The operating limitations referred to in § 8.34 will be prescribed by the FAA representative at the time he issues the airworthiness certificate. The prescribed operating limitations should be displayed in the aircraft in accordance with the rules set forth in § 43.10-1 of this subchapter.

(1) The operating limitations for the restricted category operations will be designated as applicable to the restricted category and will be prescribed in accordance with § 8.30-1. Provisions will also be included covering the conversion of the aircraft from one category to another (see § 8.21-1 (c) (2)), and inspection of the aircraft prior to the carriage of passengers for hire. (See § 8.21-1 (e) (2).)

(b) Conversion instructions. The approved changes necessary to convert the aircraft from one category to the other as specified in § 8.21-1 (c) (2), are considered part of the operating limitations and should not be changed or amended without the approval by the FAA.

(c) Owner's responsibility. It will be the responsibility of the aircraft owner to keep the operating limitations available in the aircraft in accordance with

9.3 Airworthiness certificate.

AUTHORITY: §§ 9.1 to 9.3 issued under sec. 205, 52 Stat. 984, as amended; 49 U. S. C. 425. Interpret or apply sec. 601, 52 Stat. 1007, as amended; 49 U. S. C. 551.

SOURCE: §§ 9.1 to 9.3 appear at 20 F. R. 6489, Sept. 2, 1955.

NOTE: This part is for the purpose of making available to the public certain military surplus aircraft which were originally designed for the military services of the United States for combat and other specialized purposes and which experience in military service has shown to be safe for operation so long as the operation is confined to flights in which neither passengers nor cargo are carried for hire.

§ 9.1 Aircraft category.

accordance

Aircraft certificated in with this part shall be classified in the limited category, suffix "L".

§ 9.2 Type certificate; requirements for issuance.

A type certificate will be issued if the Administrator finds:

(a) The aircraft is of a make and model which was originally designed and has been manufactured for, and accepted for use by, the military services of the United States for combat or other specialized purposes.

(b) There is no civilian aircraft of essentially the same basic model for which an approved type certificate has been issued.

(c) That information obtained from the record of operation of the make and model as a military aircraft does not disclose any characteristics which would render it unsafe when operated as a civil aircraft in accordance with the limitations and conditions prescribed by the Administrator.

AUTHORITY: §§ 10.0 to 10.31 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. SOURCE: §§ 10.0 to 10.31 appear at 20 F. R. 2056, Apr. 1, 1955, except as otherwise noted.

CROSS REFERENCES: For Special Civil Air Regulations with respect to turbine-powered transport category airplanes of current design, see SR-422, SR-422A, and SR-422B in Part 4b of this subchapter.

For Special Civil Air Regulation with respect to type certification of transport category airplanes with turbo-prop replacements, see SR-423 in Part 4b of this subchapter.

For Special Civil Air Regulation with respect to performance credit for use of standby power on transport category airplanes, see SR-426 in Part 1 of this subchapter.

APPLICABILITY AND DEFINITIONS

§ 10.0 Applicability of this part.

This part establishes administrative requirements for the issuance of type and airworthiness certificates for aircraft, and of type certificates and approvals for related products, when such aircraft or product is manufactured in a foreign country with which the United States has concluded an agreement concerning the acceptance thereof for the purpose of export and import. In addition, this part establishes administrative requirements for the issuance of approvals for materials, parts, and appliances other than those sold in conjunction with a type certificated aircraft or related product when such material, part, or appliance is manufactured in a foreign country.

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

(b) Design (1) Aircraft. An aircraft means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air.

(2) Aircraft engine. An aircraft engine means an engine used, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers.

(3) Appliances. Appliances means 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

A product which is manufactured in a foreign country with which the United States has concluded an agreement concerning the acceptance thereof for the purpose of export and import, is eligible for the issuance of a type certificate under this part. The application for a type certificate for a specified product shall be made upon a form and in a manner prescribed by the Administrator. § 10.11

Requirements for issuance.

A type certificate for a product shall be issued to an applicant when the government of the country in which the product was manufactured certifies that the product has been examined, tested, and found to comply with either paragraph (a) or paragraph (b) of this section.

(a) The airworthiness requirements prescribed in the Civil Air Regulations applicable to the product involved.'

(b) The applicable airworthiness requirements of the government of the country in which it was manufactured together with such other requirements as may be prescribed by the Administrator to provide a level of safety equivalent to the requirements prescribed in paragraph (a) of this section.

AIRWORTHINESS CERTIFICATES AND
OTHER APPROVALS

be approved upon a basis and in a manner found necessary by the Administrator to implement the pertinent provisions of the Civil Air Regulations. The Administrator may adopt and publish such specifications as he finds necessary to administer this regulation, and shall incorporate therein such portions of the aviation industry, Federal, and military specifications respecting such materials, parts, and appliances as he finds appropriate.

NOTE: The provisions of this paragraph are intended to allow approval of materials, parts, and appliances under the system of Technical Standard Orders, or in conjunction with type certification procedures for an aircraft, or by any other form of approval by the Administrator.

(b) Any material, part, or appliance shall be deemed to have met the requirements for approval when the government of the country of manufacture certifies that the material, part, or appliance meets the pertinent specifications adopted by the Administrator, unless the Administrator finds, on the basis of data submitted in accordance with § 10.31, that the material, part, or appliance is otherwise inconsistent with the intent of the pertinent Civil Air Regulations. APPLICABLE REQUIREMENTS

13.12

Recording of applicable regulations.