FARs

(a) In addition to changes in type design specified in paragraph (b) of this section, changes in type design are classified as minor and major. A "minor change" is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of the product. All other changes are "major changes" (except as provided in paragraph (b) of this section).

(b) For the purpose of complying with Part 36 of this chapter, and except as provided in paragraphs (b)(2), (b)(3), and (b)(4) of this section, any voluntary change in the type design of an aircraft that may increase the noise levels of that aircraft is an "acoustical change" (in addition to being a minor or major change as classified in paragraph (a) of this section) for the following aircraft:

(1) Transport category large airplanes.

(2) Jet (Turbojet powered) airplanes (regardless of category). For airplanes to which this paragraph applies, "acoustical changes" do not include changes in type design that are limited to one of the following --

(i) Gear down flight with one or more retractable landing gear down during the entire flight, or

(ii) Spare engine and nacelle carriage external to the skin of the airplane (and return of the pylon or other external mount), or

(iii) Time-limited engine and/or nacelle changes, where the change in type design specifies that the airplane may not be operated for a period of more than 90 days unless compliance with the applicable acoustical change provisions of Part 36 of this chapter is shown for that change in type design.

(3) Propeller driven commuter category and small airplanes in the primary, normal, utility, acrobatic, transport, and restricted categories, except for airplanes that are:

(i) Designated for "agricultural aircraft operations" (as defined in §137.3 of this chapter, effective January 1, 1966) to which §36.1583 of this chapter does not apply, or

(ii) Designated for dispensing fire fighting materials to which §36.1583 of this chapter does not apply, or

(iii) U.S. registered, and that had flight time prior to January 1, 1955 or

(iv) Land configured aircraft reconfigured with floats or skis. This reconfiguration does not permit further exception from the requirements of this section upon any acoustical change not enumerated in §21.93(b).

(4) Helicopters except:

(i) Those helicopters that are designated exclusively:

(A) For "agricultural aircraft operations", as defined in §137.3 of this chapter, as effective on January 1, 1966;

(B) For dispensing fire fighting materials; or

(ii) Those helicopters modified by installation or removal of external equipment. For purposes of this paragraph, "external equipment" means any instrument, mechanism, part, apparatus, appurtenance, or accessory that is attached to, or extends from, the helicopter exterior but is not used nor is intended to be used in operating or controlling a helicopter in flight and is not part of an airframe or engine. An "acoustical change" does not include:

(A) Addition or removal of external equipment;

(B) Changes in the airframe made to accommodate the addition or removal of external equipment, to provide for an external load attaching means, to facilitate the use of external equipment or external loads, or to facilitate the safe operation of the helicopter with external equipment mounted to, or external loads carried by, the helicopter;

(D) Flight with one or more doors and/or windows removed or in an open position; or

(E) Any changes in the operational limitations placed on the helicopter as a consequence of the addition or removal of external equipment, floats, and skis, or flight operations with doors and/or windows removed or in an open position.

(c) For purposes of complying with part 34 of this chapter, any voluntary change in the type design of the airplane or engine which may increase fuel venting or exhaust emissions is an "emissions change."

[Amdt. 21-27, 34 FR 18363]
Editorial Note: For FEDERAL REGISTER citations affecting §21.93, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

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§ 21.179 Transferability.

An airworthiness certificate is transferred with the aircraft.

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§ 21.181 Duration.

(a) Unless sooner surrendered, suspended, revoked, or a termination date is otherwise established by the Administrator, airworthiness certificates are effective as follows:

(1) Standard airworthiness certificates, special airworthiness certificates -- primary category, and airworthiness certificates issued for restricted or limited category aircraft are effective as long as the maintenance, preventive maintenance, and alterations are performed in accordance with Parts 43 and 91 of this chapter and the aircraft are registered in the United States.

(2) A special flight permit is effective for the period of time specified in the permit.

(3) An experimental certificate for research and development, showing compliance with regulations, crew training, or market surveys is effective for one year after the date of issue or renewal unless a shorter period is prescribed by the Administrator. The duration of amateur-built, exhibition, and air-racing experimental certificates will be unlimited unless the Administrator finds for good cause that a specific period should be established.

(b) The owner, operator, or bailee of the aircraft shall, upon request, make it available for inspection by the Administrator.

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

[Amdt. 21-21, 33 FR 6858, May 7, 1968, as amended by Amdt. 21-49, 44 FR 46781, Aug. 9, 1979; Amdt. 21-70, 57 FR 41368, Sept. 9, 1992]

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§ 21.175 Airworthiness certificates: classification.

(a) Standard airworthiness certificates are airworthiness certificates issued for aircraft type certificated in the normal, utility, acrobatic, commuter, or transport category, and for manned free balloons, and for aircraft designated by the Administrator as special classes of aircraft.

(b) Special airworthiness certificates are primary, restricted, limited, and provisional airworthiness certificates, special flight permits, and experimental certificates.

[Amdt. 21-21, 33 FR 6858, May 7, 1968, as amended by Amdt. 21-60, 52 FR 8043, Mar. 13, 1987; Amdt. 21-70, 57 FR 41368, Sept. 9, 1992]

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§ 21.189 Issue of airworthiness certificate for limited category aircraft.

(a) An applicant for an airworthiness certificate for an aircraft in the limited category is entitled to the certificate when --

(1) He shows that the aircraft has been previously issued a limited category type certificate and that the aircraft conforms to that type certificate; and

(2) The Administrator finds, after inspection (including a flight check by the applicant), that the aircraft is in a good state of preservation and repair and is in a condition for safe operation.

(b) The Administrator prescribes limitations and conditions necessary for safe operation.

[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as amended by Amdt. 21-4, 30 FR 9437, July 29, 1965]

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§ 21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

(d) Exhibition. Exhibiting the aircraft's flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, and similar productions, and the maintenance of exhibition flight proficiency, including (for persons exhibiting aircraft) flying to and from such air shows and productions.

(e) Air racing. Participating in air races, including (for such participants) practicing for such air races and flying to and from racing events.

(f) Market surveys. Use of aircraft for purposes of conducting market surveys, sales demonstrations, and customer crew training only as provided in §21.195.

(g) Operating amateur-built aircraft. Operating an aircraft the major portion of which has been fabricated and assembled by persons who undertook the construction project solely for their own education or recreation.

(h) Operating kit-built aircraft. Operating a primary category aircraft that meets the criteria of §21.24(a)(1) that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and quality control of the production certificate holder under §21.184(a).

[Amdt. 21-21, 38 FR 6858, May 7, 1968, as amended by Amdt. 21-57, 49 FR 39651, Oct. 9, 1984; Amdt. 21-70, 57 FR 41369, Sept. 9, 1992]

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§ 21.193 Experimental certificates: general.

An applicant for an experimental certificate must submit the following information:

(a) A statement, in a form and manner prescribed by the Administrator setting forth the purpose for which the aircraft is to be used.

(b) Enough data (such as photographs) to identify the aircraft.

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

(d) In the case of an aircraft to be used for experimental purposes --

(1) The purpose of the experiment;

(2) The estimated time or number of flights required for the experiment;

(3) The areas over which the experiment will be conducted; and

(4) Except for aircraft converted from a previously certificated type without appreciable change in the external configuration, three-view drawings or three-view dimensioned photographs of the aircraft.

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§ 45.22 Exhibition, antique, and other aircraft: Special rules.

(a) When display of aircraft nationality and registration marks in accordance with §§ 45.21 and 45.23 through 45.33 would be inconsistent with exhibition of that aircraft, a U.S.-registered aircraft may be operated without displaying those marks anywhere on the aircraft if:

(1) It is operated for the purpose of exhibition, including a motion picture or television production, or an airshow;

(2) Except for practice and test fights necessary for exhibition purposes, it is operated only at the location of the exhibition, between the exhibition locations, and between those locations and the base of operations of the aircraft; and

(3) For each flight in the United States:

(i) It is operated with the prior approval of the Flight Standards District Office, in the case of a flight within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for the takeoff airport, or within 4.4 nautical miles of that airport if it is within Class G airspace; or

(ii) It is operated under a flight plan filed under either § 91.153 or § 91.169 of this chapter describing the marks it displays, in the case of any other flight.

(b) A small U.S.-registered aircraft built at least 30 years ago or a U.S.-registered aircraft for which an experimental certificate has been issued under § 21.191(d) or 21.191(g) for operation as an exhibition aircraft or as an amateur-built aircraft and which has the same external configuration as an aircraft built at least 30 years ago may be operated without displaying marks in accordance with §§ 45.21 and 45.23 through 45.33 if:

(1) It displays in accordance with § 45.21(c) marks at least 2 inches high on each side of the fuselage or vertical tail surface consisting of the Roman capital letter "N" followed by:

(i) The U.S. registration number of the aircraft; or

(ii) The symbol appropriate to the airworthiness certificate of the aircraft ("C", standard; "R", restricted; "L", limited; or "X", experimental) followed by the U.S. registration number of the aircraft; and

(2) It displays no other mark that begins with the letter "N" anywhere on the aircraft, unless it is the same mark that is displayed under paragraph (b)(1) of this section.

(1) In an ADIZ or DEWIZ described in Part 99 of this chapter unless it temporarily bears marks in accordance with §§ 45.21 and 45.23 through 45.33;

(2) In a foreign country unless that country consents to that operation; or

(3) In any operation conducted under Part 121, 133, 135, or 137 of this chapter.

(d) If, due to the configuration of an aircraft, it is impossible for a person to mark it in accordance with §§ 45.21 and 45.23 through 45.33, he may apply to the Administrator for a different marking procedure.

[Doc. No. 8093, Amdt. 45-5, 33 FR 450, Jan. 12, 1968, as amended by Amdt. 45-13, 46 FR 48603, Oct. 1, 1981; Amdt. 45-19, 54 FR 39291, Sept. 25, 1989; Amdt. 45-18, 54 FR 34330, Aug. 18, 1989; Amdt. 45-21, 56 FR 65653, Dec. 17, 1991; Amdt. 45-22, 66 FR 21066, Apr. 27, 2001]

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§ 45.25 Location of marks on fixed-wing aircraft.

(a) The operator of a fixed-wing aircraft shall display the required marks on either the vertical tail surfaces or the sides of the fuselage, except as provided in § 45.29(f).

(b) The marks required by paragraph (a) of this section shall be displayed as follows:

(1) If displayed on the vertical tail surfaces, horizontally on both surfaces, horizontally on both surfaces of a single vertical tail or on the outer surfaces of a multivertical tail. However, on aircraft on which marks at least 3 inches high may be displayed in accordance with § 45.29(b)(1), the marks may be displayed vertically on the vertical tail surfaces.

(2) If displayed on the fuselage surfaces, horizontally on both sides of the fuselage between the trailing edge of the wing and the leading edge of the horizontal stabilizer. However, if engine pods or other appurtenances are located in this area and are an integral part of the fuselage side surfaces, the operator may place the marks on those pods or appurtenances.

[Amdt. 45-9, 42 FR 41102, Aug. 15, 1977]

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§ 47.15 Identification number.

(a) Number required. An applicant for Aircraft Registration must place a U.S. identification number (registration mark) on his Aircraft Registration Application, AC Form 8050-1, and on any evidence submitted with the application. There is no charge for the assignment of numbers provided in this paragraph. This paragraph does not apply to an aircraft manufacturer who applies for a group of U.S. identification numbers under paragraph (c) of this section; a person who applies for a special identification number under paragraphs (d) through (g) of this section; or a holder of a Dealer's Aircraft Registration Certificate who applies for a temporary registration number under Sec. 47.16.
(1) Aircraft not previously registered anywhere. The applicant must obtain the U.S. identification number from the FAA Aircraft Registry by request in writing describing the aircraft by make, type, model, and serial number (or, if it is amateur-built, as provided in Sec. 47.33(b)) and stating that the aircraft has not previously been registered anywhere. If the aircraft was
brought into the United States from a foreign country, the applicant must submit evidence that the aircraft has never been registered in a foreign country.
(2) Aircraft last previously registered in the United States. Unless he applies for a different number under paragraphs (d) through (g) of this section, the applicant must place the U.S. identification number that is already assigned to the aircraft on his application and the supporting evidence.
(3) Aircraft last previously registered in a foreign country. Whether or not the foreign registration has ended, the applicant must obtain a U.S. identification number from the FAA Aircraft Registry for an aircraft last previously registered in a foreign country, by request in writing describing the aircraft by make, model, and serial number, accompanied by--
(i) Evidence of termination of foreign registration in accordance with Sec. 47.37(b) or the applicant's affidavit showing that foreign registration has ended; or
(ii) If foreign registration has not ended, the applicant's affidavit stating that the number will not be placed on the aircraft until foreign registration has ended.
Authority to use the identification number obtained under paragraph (a)(1) or (3) of this section expires 90 days after the date it is issued unless the applicant submits an Aircraft Registration Application, AC Form 8050-1, and complies with Sec. 47.33 or Sec. 47.37, as applicable, within that period of time. However, the applicant may obtain an extension of this 90-day period
from the FAA Aircraft Registry if he shows that his delay in complying with that section is due to circumstances beyond his control.
(b) A U.S. identification number may not exceed five symbols in addition to the prefix letter "N". These symbols may be all numbers (N10000), one to four numbers and one suffix letter (N 1000A), or one to three numbers and two suffix letters (N 100AB). The letters "I" and "O" may not be used. The first zero in a number must always be preceded by at least one of the numbers 1 through 9.
(c) An aircraft manufacturer may apply to the FAA Aircraft Registry for enough U.S. identification numbers to supply his estimated production for the next 18 months. There is no charge for this assignment of numbers.
(d) Any unassigned U.S. identification number may be assigned as a special identification number. An applicant who wants a special identification number or wants to change the identification number of his aircraft may apply for it to the FAA Aircraft Registry. The fee required by Sec. 47.17 must accompany the application.
(e) [Reserved]
(f) The FAA Aircraft Registry assigns a special identification number on AC Form 8050-64. Within 5 days after he affixes the special identification number to his aircraft, the owner must complete and sign the receipt contained in AC Form 8050-64, state the date he affixed the number to his aircraft, and return the original form to the FAA Aircraft Registry. The owner shall carry the duplicate of AC Form 8050-64 and the present Certificate of Aircraft Registration in the aircraft as temporary authority
to operate it. This temporary authority is valid until the date the owner receives the revised Certificate of Aircraft Registration issued by the FAA Aircraft Registry.
(g) [Reserved]
(h) A special identification number may be reserved for no more than 1 year. If a person wishes to renew his reservation from year to year, he must apply to the FAA aircraft Registry for renewal and submit the fee required by Sec. 47.17 for a special identification number.

[Doc. No. 7190, 31 FR 4495, Mar. 17, 1966, as amended by Amdt. 47-1, 31 FR 13314, Oct. 14, 1966; Amdt. 47-5, 32 FR 13505, Sept. 27, 1967; Amdt. 47-7, 34 FR 2480, Feb. 21, 1969; Amdt. 47-13, 36 FR 16187, Aug. 20, 1971; Amdt. 47-15, 37 FR 21528, Oct. 12, 1972; Amdt. 47-16, 37 FR 25487, Dec. 1, 1972; Amdt. 47-17, 39 FR 1353, Jan. 8, 1974; Amdt. 47-22, 47 FR 12153, Mar. 22, 1982]

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§ 47.33 Aircraft not previously registered anywhere.

(a) A person who is the owner of an aircraft that has not been registered under the Federal Aviation Act of 1958, under other law of the United States, or under foreign law, may register it under this part if he--
(1) Complies with Secs. 47.3, 47.7, 47.8, 47.9, 47.11, 47.13, 47.15, and 47.17, as applicable; and
(2) Submits with his application an aircraft Bill of Sale, AC Form 8050-2, signed by the seller, an equivalent bill of sale, or other evidence of ownership authorized by Sec. 47.11.
(b) If, for good reason, the applicant cannot produce the evidence of ownership required by paragraph (a) of this section, he must submit other evidence that is satisfactory to the Administrator. This other evidence may be an affidavit stating why he cannot produce the required evidence, accompanied by whatever further evidence is available to prove the transaction.
(c) The owner of an amateur-built aircraft who applies for registration under paragraphs (a) and (b) of this section must describe the aircraft byclass (airplane, rotorcraft, glider, or balloon), serial number, number of seats, type of engine installed, (reciprocating, turbopropeller, turbojet, or other), number of engines installed, and make, model, and serial number of each engine installed; and must state whether the aircraft is built for land or water operation. Also, he must submit as evidence of ownership an affidavit giving the U.S. identification number, and stating that the aircraft was built from parts and that he is the owner. If he built the aircraft from a kit, the applicant must also submit a bill of sale from the manufacturer of the kit.
(d) The owner, other than the holder of the type certificate, of an aircraft that he assembles from parts to conform to the approved type design, must describe the aircraft and engine in the manner required by paragraph (c) of this section, and also submit evidence of ownership satisfactory to the Administrator, such as bills of sale, for all major components of the aircraft.

[Doc. No. 7190, 31 FR 4495, Mar. 17, 1966; 31 FR 5483, Apr. 7, 1966, as amended by Amdt. 47-16, 37 FR 25487, Dec. 1, 1972; Amdt. 47-20, 44 FR 61940, Oct. 29, 1979]

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§ 91.207 Emergency locator transmitters.

(a) Except as provided in paragraphs (e) and (f) of this section, no person may operate a U.S.-registered civil airplane unless--
(1) There is attached to the airplane an approved automatic type emergency locator transmitter that is in operable condition for the following operations, except that after June 21, 1995, an emergency locator transmitter that meets the requirements of TSO-C91 may not be used for new installations:
(i) Those operations governed by the supplemental air carrier and commercial operator rules of parts 121 and 125;
(ii) Charter flights governed by the domestic and flag air carrier rules of part 121 of this chapter; and
(iii) Operations governed by part 135 of this chapter; or
(2) For operations other than those specified in paragraph (a)(1) of this section, there must be attached to the airplane an approved personal type or an approved automatic type emergency locator transmitter that is in operable condition, except that after June 21, 1995, an emergency locator transmitter that meets the requirements of TSO-C91 may not be used for new installations.
(b) Each emergency locator transmitter required by paragraph (a) of this section must be attached to the airplane in such a manner that the probability of damage to the transmitter in the event of crash impact is minimized. Fixed and deployable automatic type transmitters must be attached to the airplane as far aft as practicable.
(c) Batteries used in the emergency locator transmitters required by paragraphs (a) and (b) of this section must be replaced (or recharged, if the batteries are rechargeable)--
(1) When the transmitter has been in use for more than 1 cumulative hour; or
(2) When 50 percent of their useful life (or, for rechargeable batteries, 50 percent of their useful life of charge) has expired, as established by the transmitter manufacturer under its approval.
The new expiration date for replacing (or recharging) the battery must be legibly marked on the outside of the transmitter and entered in the aircraft maintenance record. Paragraph (c)(2) of this section does not apply to batteries (such as water-activated batteries) that are essentially unaffected during probable storage intervals.
(d) Each emergency locator transmitter required by paragraph (a) of this section must be inspected within 12 calendar months after the last inspection for--
(1) Proper installation;
(2) Battery corrosion;
(3) Operation of the controls and crash sensor; and
(4) The presence of a sufficient signal radiated from its antenna.
(e) Notwithstanding paragraph (a) of this section, a person may--
(1) Ferry a newly acquired airplane from the place where possession of it was taken to a place where the emergency locator transmitter is to be installed; and
(2) Ferry an airplane with an inoperative emergency locator transmitter from a place where repairs or replacements cannot be made to a place where they can be made.
No person other than required crewmembers may be carried aboard an airplane being ferried under paragraph (e) of this section.
(f) Paragraph (a) of this section does not apply to--
[ (1) Before January 1, 2004, turbojet-powered aircraft; ]
(2) Aircraft while engaged in scheduled flights by scheduled air carriers;
(3) Aircraft while engaged in training operations conducted entirely within a 50-nautical mile radius of the airport from which such local flight operations began;
(4) Aircraft while engaged in flight operations incident to design and testing;
(5) New aircraft while engaged in flight operations incident to their manufacture, preparation, and delivery;
(6) Aircraft while engaged in flight operations incident to the aerial application of chemicals and other substances for agricultural purposes;
(7) Aircraft certificated by the Administrator for research and development purposes;
(8) Aircraft while used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys;
(9) Aircraft equipped to carry not more than one person; and
(10) An aircraft during any period for which the transmitter has been temporarily removed for inspection, repair, modification, or replacement, subject to the following:
(i) No person may operate the aircraft unless the aircraft records contain an entry which includes the date of initial removal, the make, model, serial number, and reason for removing the transmitter, and a placard located in view of the pilot to show "ELT not installed."
(ii) No person may operate the aircraft more than 90 days after the ELT is initially removed from the aircraft; and
[(11) On and after January 1, 2004, aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation.]

Amdt. 91-265, Eff. 12/22/2000

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§ 91.303 Aerobatic flight.

No person may operate an aircraft in aerobatic flight--
(a) Over any congested area of a city, town, or settlement;
(b) Over an open air assembly of persons;
(c) Within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport;
(d) Within 4 nautical miles of the center line of any Federal airway;
(e) Below an altitude of 1,500 feet above the surface; or
(f) When flight visibility is less than 3 statute miles.
For the purposes of this section, aerobatic flight means an intentional maneuver involving an abrupt change in an aircraft's attitude, an abnormal attitude, or abnormal acceleration, not necessary for normal flight.

Amdt. 91-227, Eff. 12/17/91

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§ 91.305 Flight test areas.

No person may flight test an aircraft except over open water, or sparsely populated areas, having light air traffic.

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