(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.
(c) No person may operate an aircraft under paragraph (a) or (b) 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]