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 flight 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 takeoff, en route, and landing limitations prescribed for transport category airplanes in the operating parts of the Civil Air Regulations.

(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 airplane for the purpose of complying with the performance operating limitations applicable to the operations in which it is utilized.

5. 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 in 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. 9184, 16 F. R. 314, 16 F. R. 11759, 16 F. R. 12220, 17 F. R. 1087, 17 F. R. 11631, 18 F. R. 2213.

This regulation supersedes Special Civil Air Regulation SR-398 and shall remain effective until superseded or rescinded by the Board.

NOTE 2: Special Civil Air Regulations Serial No. SR-412A, 21 F. R. 5775, Aug. 2, 1956, provides as follows:

Contrary provisions of §§ 1.102 (a) and 1.103 (a) of Part 1 of the Civil Air Regulations notwithstanding, identification markings may be removed from the upper and lower wing surfaces provided that vertical

tail or fuselage markings are affixed in accordance with the following:

1. The markings shall be placed horizontally and the letters and numbers shall be of equal height not less than 12 inches high. 2. If on the sides of the fuselage, the markings shall be displayed on both sides of the fuselage in an area between the wing trailing edge and the horizontal stabilizer leading edge.

3. If on the vertical tail, the markings shall be displayed on both sides of a single vertical tail surface or on the outer sides of multitail surfaces.

4. Identification markings may be affixed in accordance with the foregoing provisions until July 27, 1958.

5. Identification markings affixed in accordance with the foregoing provisions may be displayed until the termination date of this special regulation.

This regulation supersedes Special Civil Air Regulation No. SR-412, and shall terminate on July 27, 1960, unless sooner superseded or rescinded by the Board.

APPLICABILITY AND DEFINITIONS

§ 1.0 Applicability of this part. This part establishes administrative requirements for the issuance of type, production, and airworthiness certificates, and for the identification and marking of aircraft and related products.

§ 1.1 Definitions. As used in this part, terms are defined as follows:

(a) Administration—(1) Administrator. The Administrator is the Administrator of Civil Aeronautics.

(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 representative of the Administrator means any employee of the Civil Aeronautics Administration or any private person, authorized by the Administrator to perform any of the duties delegated to the Administrator by the provisions of this

part.

(5) Person. Person means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.1

1 As defined in section 1 of the Civil Aeronautics Act of 1938, as amended.

(6) Prime manufacturer. A prime manufacturer means the person who initiated the design and construction of the product and who applied for the type certificate, or any person to whom a current right to reproduce the product has been transferred.

(7) Subsidiary manufacturer. A subsidiary manufacturer means the person who contracted with the prime manufacturer to produce and to supply to the prime manufacturer major assemblies and components which are manufactured in conformity with the prime manufacturer's approved drawings and data for the fabrication of the product.

(8) United States. United States means the several States, the District of Columbia, and the several Territories and possessions of the United States, including the Territorial waters and the overlying air space thereof.1

(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.1

(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.1

(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.1

§ 1.2 Type design. The type design shall consist of such drawings and specifications as are necessary to disclose the configuration of the product and all the

1 As defined in section 1 of the Civil Aeronautics Act of 1938, as amended.

design features covered in the requirements of that part of the regulations in this subchapter under which the product is certificated, such information on dimensions, materials, and processes as is necessary to define the structural strength of the product, and such other data as are necessary to permit by comparison the determination of the airworthiness of subsequent products of the same type.

§ 1.10

TYPE CERTIFICATES

Application. Any person, whether or not a citizen of the United States, may apply for the issuance of a type certificate. The application for a type certificate for a specified product shall be made upon a form and in a manner prescribed by the Administrator.

§ 1.10-1 Application for type certificate (CAA rules which apply to § 1.10)— (a) Application for aircraft type certificate, Form ACA-312. This application shall be submitted in duplicate by the applicant to the appropriate regional office of the Civil Aeronautics Administration.

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, Civil Aeronautics Administration, 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, Civil Aeronautics Administration, 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 (CAA policies which apply to § 1.11)—(a) Appliances. Inasmuch as Part 15 of the Civil Air Regulations has been rescinded, that portion of § 1.11 of the Civil Air Regulations relating to appliances is no longer applicable except as provided in paragraph (b) of this section. Appliances formerly type certificated under the provisions of Part 15 of this subchapter are now accepted by the Administrator for use on civil aircraft of the United States, if the appliance complies with a Technical Standard Order issued by the Administrator, or is approved as part of a product which is type certificated.

(b) Radio equipment. Radio equipment for which a Technical Standard Order has not been issued must be type certificated under the provisions of Part 16 of this subchapter.

[CAM 1 Rev., 21 F. R. 8797, Nov. 14, 1956]

§ 1.12 Requirements for issuance. A type certificate for a product shall be issued when:

(a) The applicant has submitted the type design (see § 1.2), test reports, and computations as may be required by that part of the regulations in this subchapter under which the product is to be certificated.

(b) Upon examination of the type design and the completion of all tests and inspections, the Administrator finds that the type design meets the requirements of the applicable regulations in this subchapter.

§ 1.12-1 Requirements for issuance of type certificates (CAA policies which apply to § 1.12). (a) The requirements for the issuance of a type certificate for a product may be found in the following parts of the Civil Air Regulations of this subchapter:

(1) Part 3-Airplane Airworthiness Normal, Utility, and Acrobatic Categories.

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

(3) Part 5-Glider Airworthiness.

(4) Part 6-Rotorcraft Airworthiness. (5) Part 8-Aircraft Airworthiness Restricted Category.

(6) Part 9-Aircraft Airworthiness Limited Category.

(7) Part 10-Certification and Approval of Imported Aircraft and Related Products.

(8) Part 13-Aircraft Engine Airworthiness.

(9) Part 14—Aircraft Propeller Airworthiness.

(10) Part 16-Aircraft Radio Equipment Airworthiness.

[CAM 1 Rev., 21 F. R. 8797, Nov. 14, 1956]

§ 1.12-2 Inspection of prototype (CAA policies which apply to § 1.15-1 (b)). The inspections set forth in § 1.15-1 (a) will apply to the product for which a type certificate is requested.

[CAM 1 Rev., 21 F. R. 8797, Nov. 14, 1956]

§ 1.13 Location of manufacturing facilities. No type certificate for a product shall be issued if the manufacturing facilities therefor are located outside the United States, unless where facilities are located outside the United States the Administrator finds that no undue burden on the Government is created in administering applicable requirements of the act or regulations issued thereunder.

§ 1.14 Transferability. 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 (CAA interpretations which apply to § 1.14). The CAA 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 Rev. 1., 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.

(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 in conformity with the type design and is in a condition for safe operation.

§ 1.15-1 Inspections and tests (CAA policies which apply to § 1.15)—(a) Prototype inspection. Each product presented for type certification will be subjected to such conformity inspections, investigations of the workmanship and fabrication processes, and the witnessing of such structural, endurance and operational tests as may be deemed necessary by the Civil Aeronautics Administration 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

1 The CAA inspections are not intended to duplicate the manufacturer's inspections, but rather to verify the effectiveness and accuracy of his inspections. The CAA 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

(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 CAA 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 CAA 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 CAA representative should bear record of having first been accepted by the manufacturer. At least the following inspections will be made by the CAA representative on aircraft, aircraft engines, propellers and major components to insure conformance with the applicable type certification data:

(1) Aircraft." An inspection for quality of workmanship, materials, processes, and for conformity of critical and major parts with the type design data; such as the complete wing, fuselage, tail surfaces, major attachment fittings, primary controls, installation of the hydraulic, fuel, and electrical systems, and powerplant installations.

(i) Each aircraft should be weighed to determine the empty weight and c. g. and the report should be submitted when the aircraft is presented for airworthiness certification.

(ii) Aircraft manufactured under a type certificate only are required by § 1.15-4 (d) to be flight tested at the manufacturer's plant by, or under the supervision of, a CAA Aviation Safety Agent.

2 Aircraft which pass the inspection set forth in this paragraph, and found to be in condition for safe operation, are eligible to receive an original airworthiness certificate issued under the authority of § 1.67 (b).*

(iii) Upon completion of the inspection and flight test at the manufacturer's plant, the aircraft may be shipped unassembled, provided Approval Tags, Form ACA-186, signed by the CAA representative, are attached to all major assemblies, components, and boxes of These will indicate the make, parts. model and serial number of the aircraft. (2) Aircraft engines. An inspection for quality of workmanship, materials, processes, and conformity of critical and major parts with the type design data, including such internal inspections and examination after completion of the engine test run (see § 1.15-4 (e)) as may be necessary to ascertain that no unsafe conditions exist. Enough of the operation tests of each engine should be witnessed to determine that the operational characteristics are in conformity with the type design data.

(3) Propellers. An inspection for quality of workmanship, materials, processes, and conformity of critical and major parts with the type design data. In the case of variable pitch propellers, enough of the operation tests of each propeller should be witnessed to determine that the propeller will operate properly throughout the approved range of operation (see § 1.15-4 (f)).

(4) Major components. Any major spare or replacement component of an aircraft, aircraft engine, or propeller manufactured under a type certificate only will be subjected to inspection for conformity and airworthiness by a CAA representative at the manufacturer's plant. The conformity, quality, and acceptability of major components and critical parts manufactured by a subsidiary manufacturer in accordance with the prime manufacturer's approved drawings will be determined in accordance with § 1.34-2 (a) (11), except that a CAA representative will conduct such additional inspections as may be deemed necessary to assure conformity, compliance, and acceptability of materials and workmanship.

(c) Evidence of inspection approval. When products, or major components, other than complete aircraft or communication equipment, are manufactured under the terms of a type certificate only, the CAA representative, having determined by inspection that the product or component is acceptable, will prepare and attach thereto, an Approval Tag, Form ACA-186. This tag will show the

make, model, and serial number of the product, and will be signed by the CAA representative.

[CAM 1 Rev., 21 F. R. 8798, Nov. 14, 1956] § 1.15-2 Production test flight authorization (CAA policies which apply to § 1.15). (a) To facilitate compliance by manufacturers with related provisions of § 43.10 of this chapter, the reverse side of the Dealer's Aircraft Registration Certificate, Form ACA-1707, will be used to provide flight authorization for production flight testing prior to the initial is

suance of individual airworthiness

certificates. This flight authorization is provided for the convenience of manufacturers, and has no connection with the issuance, validity, or continuation of the Dealer's Aircraft Registration Certificate. The flight authorization is limited to production test flights, and does not provide for prototype or experimental flight testing. The flight authorization will be issued at the time the Dealer's Aircraft Registration Certificate is issued. The Application for Dealer's Aircraft Registration Certificate(s), Form ACA-1706, contains a section for the use of manufacturers in applying for authorization to conduct production flight tests.

(b) Aircraft to be flown for production flight tests, which are intended for U. S. registration and certification, are required to display the appropriate U. S. identification markings in accordance with §§ 1.100 through 1.108.

(c) New aircraft intended for export should display the appropriate foreign identification markings during the production flight testing. If these markings are not available, the aircraft may display temporarily assigned U. S. identification markings.

[CAM 1 Rev., 21 F. R. 8798, Nov. 14, 1956]

§ 1.15-3 Logging of production aircraft flight test time (CAA policies which apply to § 1.15 (d)). Production flight

3 A new aircraft, in which a Manufacturer's Special Flight Authorization, Form ACA 1707, is displayed, may be given a production flight test subject to the following operations limitations which are specified on such form:

Flights, except takeoffs and landings, prohibited over thickly populated areas or large gatherings of people. No flight shall be conducted for hire or reward. Cross-country flights prohibited. Occupancy of the aircraft restricted to personnel essential to the purpose of the flights.