§ 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).

(а) Туре 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; quirements for issuance.

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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 Administrator setting forth the purpose for which the aircraft is to be used,

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

(3) Upon inspection of the aircraft, any pertinent information found necessary by the Administrator to safeguard the general public.

(b) The Administrator shall prescribe appropriate operating restrictions for the use of experimental aircraft. Such restrictions shall include the prohibition of carrying persons or property for compensation or hire.

§ 1.74-1 Requirements for the issuance of experimental airworthiness certificates (FAA rules which apply to § 1.74(a)).

In addition to the information required to be submitted on application Form ACA-305, the applicant shall indicate on a separate sheet of paper:

(a) The purpose of the experiment.

(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:

(1) 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.

(d) Examination and inspection. As 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.

(e) Initial restrictions. Upon satisfactory 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, or proficiency).

(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

the aircraft during the flight experience period.

(h) Flight test demonstration. Upon satisfactory completion of the flight experience required in paragraph (g) of this section, the applicant may apply for the modified restrictions provided for in paragraph (f) of this section. Application should be made in writing to the local FAA Aviation Safety District Office. An aviation safety agent will reexamine the aircraft and the flight experience record and upon finding them satisfactory will witness the flight test demonstration. The flight test will be conducted by a certificated pilot holding at least a private pilot's rating. The flight test will be of such scope as to demonstrate that the aircraft performance is adequate for such operations with respect to takeoff, climb, and landing at maximum and minimum weights, for which the aircraft is to be certificated. The aircraft will be demonstrated to be satisfactorily controllable and reasonably maneuverable during taxiing, takeoff, climb, level flight, dive and landing, with or without power. Adequate provisions should be made for emergency egress and use of parachutes by the crew during the flight test.

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

§ 1.75 Experimental certificates; duration.

(a) An experimental certificate shall remain in effect for one year from the date of issuance or renewal, unless a shorter period is established by the Administrator.

(b) The Administrator may, from time to time, reinspect any aircraft or part thereof to ascertain whether it is in airworthy condition. The owner, operator, or bailee of the aircraft shall, upon request, make it available for such inspection.

(c) Upon suspension, revocation, or termination by order of the Administrator of an experimental certificate, the owner, operator, or bailee of an aircraft shall, upon request, surrender the certificate to an authorized representative of the Administrator.

[Amdt. 1-1, 21 F. R. 2585, Apr. 20, 1956] § 1.75-1 Duration of experimental airworthiness certificate (FAA policies which apply to § 1.75).

(a) Experimental airworthiness certificates will be issued to expire on a specific date, or will indicate a condi

tion under which the certificate will automatically expire. The duration of the experimental certificate may vary from one flight to a limited number of operating hours, or days. In any case, the duration will not exceed one year.

(b) It is the policy of the FAA to do everything possible to encourage legitimate experimentation leading to improvement in aircraft whenever this may be done without endangering the lives of persons or property not involved in the experimentation. Since it is recognized that a certain amount of danger to the operator is inherent in all experimental flying, the certificates issued for experimental aircraft will contain specific operating conditions and limitations designed to protect the lives and property of persons not involved in the experimentation.

[CAM 1 Rev., 21 F. R. 8809, Nov. 14, 1956] § 1.76 Special flight permits.

A special flight permit may be issued for an aircraft which may not currently meet applicable airworthiness requirements, but which is capable of safe flight, for the purpose of permitting the aircraft to be flown to a base where repairs or alterations are to be made, or to permit the delivery or export of the aircraft, or to permit production flight tests of new production aircraft.

[20 F. R. 7722, Oct. 14, 1955. Redesignated by Amdt. 1-1, 21 F. R. 2585, Apr. 20, 1956]

§ 1.76-1 Special flight permits (FAA interpretations which apply to § 1.76).

(a) General. Section 43.10(a) of this subchapter states in part that “No aircraft, except foreign aircraft authorized by the Administrator to be flown in the United States, shall be operated unless an appropriate and valid airworthiness certificate or special flight authorization and a registration certificate issued to the owner of the aircraft are carried in the aircraft

"Special flight authorization," mentioned above, is interpreted to mean the special flight permit described in this section. Special flight permits are issued for only two purposes: the first and primary purpose is to permit aircraft not fully complying with the established airworthiness requirements to be flown to bases where repairs or alterations may be made; the second purpose is to permit "flyaway" delivery or flights to points of export of

aircraft which are airworthy but not eligible for a U. S. Certificate of Airworthiness. For example, an aircraft purchased by a person other than an American citizen would not be eligible for a U. S. Certificate of Airworthiness due to the fact that a current U. S. Registration Certificate is a prerequisite to obtaining an airworthiness certificate, and only a U. S. citizen, who can present proof of ownership, may obtain a current Aircraft Registration Certificate. [CAM 1 Rev., 21 F. R. 8809, Nov. 14, 1956]

§ 1.77 Special flight permits; requirements for issuance.

The requirements for the issuance of special flight permits are as stated in paragraphs (a) and (b) of this section.

(a) Where found necessary by the Administrator, an applicant for a special flight permit shall submit a statement in a form approved by the Administrator indicating the purpose of the flight, the proposed itinerary, the duration of authorization requested, the persons to be on board the aircraft, the particulars, if any, in which the aircraft does not comply fully with the applicable airworthiness requirements, and the restrictions, if any, deemed necessary for safe operation of the aircraft.

(b) The Administrator shall accomplish, or shall require the applicant to accomplish, such appropriate inspections or tests as the Administrator may deem necessary in the interest of safety.

(c) Nothing in paragraphs (a) and (b) of this section shall prevent the issuance to an air carrier by the Administrator of a general authorization to conduct ferry flights for specified purposes as provided in those paragraphs, under such terms and conditions as may from time to time be prescribed by the Administrator.

[20 F. R. 7722, Oct. 14, 1955. Redesignated by Amdt. 1-1, 21 F. R. 2585, Apr. 20, 1956]

§ 1.77-1 Application for permit (FAA rules which apply to § 1.77).

(a) Persons who may make application. The registered aircraft owner or his agent shall make application for a special flight permit.

(b) Application form. Application shall be made by completing in duplicate Form ACA-1779 entitled "Application and Authorization for Ferry Permit," and submitting it to an authorized FAA Aviation Safety representative. (Application forms are available at all FAA

regional and Aviation Safety District Offices and from designated FAA representatives. The application form consists of two parts: the first part is completed by the applicant and furnishes a description of the aircraft, and the proposed flight; the second part is completed by the FAA representative, and is the authority to conduct the flight. This part shall be prepared to contain the conditions and limitations under which the flight is to be conducted.) [CAM 1 Rev., 21 F. R. 8809, Nov. 14, 1956] § 1.77-2 Airworthiness (FAA policies which apply to § 1.77).

While the aircraft may not be eligible for a Certificate of Airworthiness, it must be found safe for the flight described on the application prior to commencing the flight. The FAA representative may make this determination prior to issuing the authorization, or he may require a preflight inspection to be conducted by a certificated mechanic in order to determine that the aircraft is safe for the flight authorized. [CAM 1 Rev., 21 F. R. 8809, Nov. 14, 1956] § 1.77-3 Flight restrictions (FAA policies which apply to § 1.77).

The following flight restrictions will be prescribed for all aircraft to be operated under a special flight permit:

(a) The carriage of persons other than crew members will be prohibited.

(b) Weather minimums under which the flight may be conducted will be established.

(c) The duration of the authorization will be shown.

(d) The purpose of the flight will be indicated.

(e) Special area restrictions will be listed, if applicable.

(f) Preflight inspection requirements, if any, will be listed.

(g) The origin, destination, and proposed itinerary, taking into consideration reasonable deviations necessitated by weather or other circumstances beyond the control of the operator, will be indicated.

[CAM 1 Rev., 21 F. R. 8809, Nov. 14, 1956] § 1.77-4 Authorization for air carrier ferry flight of a four-engine airplane with one engine inoperative (FAA rules which apply to § 1.77(c)).

(a) General authorization. An air carrier is authorized to conduct ferry flights of a four-engine airplane with