(a) To be eligible for a special airworthiness certificate in the light-sport category issued under § 21.190 of this chapter, an aircraft must—

(1) Except for an airplane, have a maximum seating capacity of not more than two persons, including the pilot.

(2) For an airplane, have a maximum seating capacity of not more than four persons, including the pilot.

(3) Have a maximum stalling speed or minimum steady flight speed at the aircraft's maximum takeoff weight and most critical center of gravity of 61 knots CAS VS0 for an airplane, 45 knots CAS VS0 for a glider, or 45 knots CAS without the use of lift-enhancing devices, VS1, for a weight-shift-control aircraft.

(4) Have a maximum speed of 250 knots CAS in level flight with maximum continuous power (VH) under standard atmospheric conditions at sea level.

(5) Have a non-pressurized cabin, if equipped with a cabin.

(6) Not have been previously issued a standard, primary, restricted, limited, or provisional airworthiness certificate, or an equivalent airworthiness certificate by a foreign civil aviation authority.

(7) Meet the design, production, and airworthiness requirements specified in this subpart using a means of compliance consisting of consensus standards accepted or approved by the Federal Aviation Administration (FAA).

(8) Be inspected by the FAA and found to be in a condition for safe operation.

(b) For aircraft manufactured outside the United States, an applicant must also provide the FAA evidence that—

(1) The aircraft was manufactured in a country with which the United States has a Bilateral Airworthiness Agreement concerning airplanes or Bilateral Aviation Safety Agreement with associated Implementation Procedures for Airworthiness concerning airplanes, or an equivalent airworthiness agreement; and

(2) The aircraft is eligible for an airworthiness certificate, flight authorization, or other similar certification in its country of manufacture.