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165 

Federal Aviation Administration, DOT 

§ 21.197 

§ 21.191(i)(2), an applicant must provide 
the following: 

(1) Evidence that an aircraft of the 

same make and model was manufac-
tured and assembled by the aircraft kit 
manufacturer and issued a special air-
worthiness certificate in the light- 
sport category. 

(2) The aircraft’s operating instruc-

tions. 

(3) The aircraft’s maintenance and 

inspection procedures. 

(4) The manufacturer’s statement of 

compliance for the aircraft kit used in 
the aircraft assembly that meets 
§ 21.190(c), except that instead of meet-
ing § 21.190(c)(7), the statement must 
identify assembly instructions for the 
aircraft that meet an applicable con-
sensus standard. 

(5) The aircraft’s flight training sup-

plement. 

(6) In addition to paragraphs (e)(1) 

through (e)(5) of this section, for an 
aircraft kit manufactured outside of 
the United States, evidence that the 
aircraft kit was manufactured in a 
country with which the United States 
has a Bilateral Airworthiness Agree-
ment concerning airplanes or a Bilat-
eral Aviation Safety Agreement with 
associated Implementation Procedures 
for Airworthiness concerning airplanes, 
or an equivalent airworthiness agree-
ment. 

[Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as 
amended by Amdt. 21–85, 69 FR 44862, July 27, 
2004] 

§ 21.195

Experimental certificates: Air-

craft to be used for market surveys, 
sales demonstrations, and customer 
crew training. 

(a) A manufacturer of aircraft manu-

factured within the United States may 
apply for an experimental certificate 
for an aircraft that is to be used for 
market surveys, sales demonstrations, 
or customer crew training. 

(b) A manufacturer of aircraft en-

gines who has altered a type certifi-
cated aircraft by installing different 
engines, manufactured by him within 
the United States, may apply for an ex-
perimental certificate for that aircraft 
to be used for market surveys, sales 
demonstrations, or customer crew 
training, if the basic aircraft, before al-
teration, was type certificated in the 

normal, acrobatic, commuter, or trans-
port category. 

(c) A person who has altered the de-

sign of a type certificated aircraft may 
apply for an experimental certificate 
for the altered aircraft to be used for 
market surveys, sales demonstrations, 
or customer crew training if the basic 
aircraft, before alteration, was type 
certificated in the normal, utility, ac-
robatic, or transport category. 

(d) An applicant for an experimental 

certificate under this section is enti-
tled to that certificate if, in addition 
to meeting the requirements of 
§ 21.193— 

(1) He has established an inspection 

and maintenance program for the con-
tinued airworthiness of the aircraft; 
and 

(2) The applicant shows that the air-

craft has been flown for at least 50 
hours, or for at least 5 hours if it is a 
type certificated aircraft which has 
been modified. The FAA may reduce 
these operational requirements if the 
applicant provides adequate justifica-
tion. 

[Amdt. 21–21, 33 FR 6858, May 7, 1968, as 
amended by Amdt. 21–28, 35 FR 2818, Feb. 11, 
1970; Amdt. 21–57, 49 FR 39651, Oct. 9, 1984; 
Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; Amdt. 
21–92, 74 FR 53389, Oct. 16, 2009] 

§ 21.197

Special flight permits. 

(a) A special flight permit may be 

issued for an aircraft that may not cur-
rently meet applicable airworthiness 
requirements but is capable of safe 
flight, for the following purposes: 

(1) Flying the aircraft to a base 

where repairs, alterations, or mainte-
nance are to be performed, or to a 
point of storage. 

(2) Delivering or exporting the air-

craft. 

(3) Production flight testing new pro-

duction aircraft. 

(4) Evacuating aircraft from areas of 

impending danger. 

(5) Conducting customer demonstra-

tion flights in new production aircraft 
that have satisfactorily completed pro-
duction flight tests. 

(b) A special flight permit may also 

be issued to authorize the operation of 
an aircraft at a weight in excess of its 
maximum certificated takeoff weight 
for flight beyond the normal range over 

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166 

14 CFR Ch. I (1–1–24 Edition) 

§ 21.199 

water, or over land areas where ade-
quate landing facilities or appropriate 
fuel is not available. The excess weight 
that may be authorized under this 
paragraph is limited to the additional 
fuel, fuel-carrying facilities, and navi-
gation equipment necessary for the 
flight. 

(c) Upon application, as prescribed in 

§§ 91.1017 or 119.51 of this chapter, a spe-
cial flight permit with a continuing au-
thorization may be issued for aircraft 
that may not meet applicable air-
worthiness requirements, but are capa-
ble of safe flight for the purpose of fly-
ing aircraft to a base where mainte-
nance or alterations are to be per-
formed. The permit issued under this 
paragraph is an authorization, includ-
ing conditions and limitations for 
flight, which is set forth in the certifi-
cate holder’s operations specifications. 
The permit issued under this paragraph 
may be issued to— 

(1) Certificate holders authorized to 

conduct operations under part 119 of 
this chapter, that have an approved 
program for continuing flight author-
ization; or 

(2) Management specification holders 

authorized to conduct operations under 
part 91, subpart K of this chapter for 
those aircraft they operate and main-
tain under a continuous airworthiness 
maintenance program prescribed by 
§ 91.1411 of this chapter. 

[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as 
amended by Amdt. 21–21, 33 FR 6859, May 7, 
1968; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; 
Amdt. 21–54, 46 FR 37878, July 23, 1981; Amdt. 
21–79, 66 FR 21066, Apr. 27, 2001; Amdt. 21–84, 
68 FR 54559, Sept. 17, 2003; Amdt. 21–87, 71 FR 
536, Jan. 4, 2006; Amdt. 21–92, 74 FR 53389, Oct. 
16, 2009] 

§ 21.199

Issue of special flight permits. 

(a) Except as provided in § 21.197(c), 

an applicant for a special flight permit 
must submit a statement in a form and 
manner prescribed by the FAA, indi-
cating— 

(1) The purpose of the flight. 
(2) The proposed itinerary. 
(3) The crew required to operate the 

aircraft and its equipment, e.g., pilot, 
co-pilot, navigator, etc. 

(4) The ways, if any, in which the air-

craft does not comply with the applica-
ble airworthiness requirements. 

(5) Any restriction the applicant con-

siders necessary for safe operation of 
the aircraft. 

(6) Any other information considered 

necessary by the FAA for the purpose 
of prescribing operating limitations. 

(b) The FAA may make, or require 

the applicant to make appropriate in-
spections or tests necessary for safety. 

[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as 
amended by Amdt. 21–21, 33 FR 6859, May 7, 
1968; Amdt. 21–22, 33 FR 11901, Aug. 22, 1968] 

Subpart I—Provisional 

Airworthiness Certificates 

S

OURCE

: Docket No. 5085, 29 FR 14571, Oct. 

24, 1964, unless otherwise noted. 

§ 21.211

Applicability. 

This subpart prescribes procedural 

requirements for the issue of provi-
sional airworthiness certificates. 

§ 21.213

Eligibility. 

(a) A manufacturer who is a United 

States citizen may apply for a Class I 
or Class II provisional airworthiness 
certificate for aircraft manufactured 
by him within the U.S. 

(b) Any holder of an air carrier oper-

ating certificate under Part 121 of this 
chapter who is a United States citizen 
may apply for a Class II provisional 
airworthiness certificate for transport 
category aircraft that meet either of 
the following: 

(1) The aircraft has a current Class II 

provisional type certificate or an 
amendment thereto. 

(2) The aircraft has a current provi-

sional amendment to a type certificate 
that was preceded by a corresponding 
Class II provisional type certificate. 

(c) An aircraft engine manufacturer 

who is a United States citizen and who 
has altered a type certificated aircraft 
by installing different type certificated 
engines, manufactured by him within 
the United States, may apply for a 
Class I provisional airworthiness cer-
tificate for that aircraft, if the basic 
aircraft, before alteration, was type 

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