759 

Federal Aviation Administration, DOT 

§ 91.317 

(3) Performs an essential function in 

connection with a special purpose oper-
ation for which the aircraft is certifi-
cated; 

(4) Is necessary to accomplish the 

work activity directly associated with 
that special purpose; or 

(5) Is necessary to accomplish an op-

eration under paragraph (h) of this sec-
tion. 

(e) Except when operating in accord-

ance with the terms and conditions of 
a certificate of waiver or special oper-
ating limitations issued by the Admin-
istrator, no person may operate a re-
stricted category civil aircraft within 
the United States— 

(1) Over a densely populated area; 
(2) In a congested airway; or 
(3) Near a busy airport where pas-

senger transport operations are con-
ducted. 

(f) This section does not apply to 

nonpassenger-carrying civil rotorcraft 
external-load operations conducted 
under part 133 of this chapter. 

(g) No person may operate a small re-

stricted-category civil airplane manu-
factured after July 18, 1978, unless an 
approved shoulder harness or restraint 
system is installed for each front seat. 
The shoulder harness or restraint sys-
tem installation at each flightcrew sta-
tion must permit the flightcrew mem-
ber, when seated and with the safety 
belt and shoulder harness fastened or 
the restraint system engaged, to per-
form all functions necessary for flight 
operation. For purposes of this para-
graph— 

(1) The date of manufacture of an air-

plane is the date the inspection accept-
ance records reflect that the airplane is 
complete and meets the FAA-approved 
type design data; and 

(2) A front seat is a seat located at a 

flight crewmember station or any seat 
located alongside such a seat. 

(h)(1) An operator may apply for de-

viation authority from the provisions 
of paragraph (a) of this section to con-
duct operations for the following pur-
poses: 

(i) Flight training and the practical 

test for issuance of a type rating pro-
vided— 

(A) The pilot being trained and tested 

holds at least a commercial pilot cer-

tificate with the appropriate category 
and class ratings for the aircraft type; 

(B) The pilot receiving flight training 

is employed by the operator to perform 
a special purpose operation; and 

(C) The flight training is conducted 

by the operator who employs the pilot 
to perform a special purpose operation. 

(ii) Flights to designate an examiner 

or qualify an FAA inspector in the air-
craft type and flights necessary to pro-
vide continuing oversight and evalua-
tion of an examiner. 

(2) The FAA will issue this deviation 

authority as a letter of deviation au-
thority. 

(3) The FAA may cancel or amend a 

letter of deviation authority at any 
time. 

(4) An applicant must submit a re-

quest for deviation authority in a form 
and manner acceptable to the Adminis-
trator at least 60 days before the date 
of intended operations. A request for 
deviation authority must contain a 
complete description of the proposed 
operation and justification that estab-
lishes a level of safety equivalent to 
that provided under the regulations for 
the deviation requested. 

[Docket No. 18334, 54 FR 34308, Aug. 18, 1989, 
as amended by Docket FAA–2015–1621, Amdt. 
91–346, 81 FR 96700, Dec. 30, 2016; Amdt. 60–6, 
83 FR 30281, June 27, 2018] 

§ 91.315

Limited category civil aircraft: 

Operating limitations. 

No person may operate a limited cat-

egory civil aircraft carrying persons or 
property for compensation or hire. 

§ 91.317

Provisionally certificated civil 

aircraft: Operating limitations. 

(a) No person may operate a provi-

sionally certificated civil aircraft un-
less that person is eligible for a provi-
sional airworthiness certificate under 
§ 21.213 of this chapter. 

(b) No person may operate a provi-

sionally certificated civil aircraft out-
side the United States unless that per-
son has specific authority to do so from 
the Administrator and each foreign 
country involved. 

(c) Unless otherwise authorized by 

the Executive Director, Flight Stand-
ards Service, no person may operate a 
provisionally certificated civil aircraft 
in air transportation. 

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