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141 

Federal Aviation Administration, DOT 

§ 21.27 

for its intended use, and that the air-
craft— 

(1) Meets the airworthiness require-

ments of an aircraft category except 
those requirements that the FAA finds 
inappropriate for the special purpose 
for which the aircraft is to be used; or 

(2) Is of a type that has been manu-

factured in accordance with the re-
quirements of and accepted for use by, 
an Armed Force of the United States 
and has been later modified for a spe-
cial purpose. 

(b) For the purposes of this section, 

‘‘special purpose operations’’ includes— 

(1) Agricultural (spraying, dusting, 

and seeding, and livestock and preda-
tory animal control); 

(2) Forest and wildlife conservation; 
(3) Aerial surveying (photography, 

mapping, and oil and mineral explo-
ration); 

(4) Patrolling (pipelines, power lines, 

and canals); 

(5) Weather control (cloud seeding); 
(6) Aerial advertising (skywriting, 

banner towing, airborne signs and pub-
lic address systems); and 

(7) Any other operation specified by 

the FAA. 

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as 
amended by Amdt. 21–42, 40 FR 1033, Jan. 6, 
1975] 

§ 21.27

Issue of type certificate: sur-

plus aircraft of the Armed Forces. 

(a) Except as provided in paragraph 

(b) of this section an applicant is enti-
tled to a type certificate for an aircraft 
in the normal, utility, acrobatic, com-
muter, or transport category that was 
designed and constructed in the United 
States, accepted for operational use, 
and declared surplus by, an Armed 
Force of the United States, and that is 
shown to comply with the applicable 
certification requirements in para-
graph (f) of this section. 

(b) An applicant is entitled to a type 

certificate for a surplus aircraft of the 

Armed Forces of the United States 
that is a counterpart of a previously 
type certificated civil aircraft, if he 
shows compliance with the regulations 
governing the original civil aircraft 
type certificate. 

(c) Aircraft engines, propellers, and 

their related accessories installed in 
surplus Armed Forces aircraft, for 
which a type certificate is sought 
under this section, will be approved for 
use on those aircraft if the applicant 
shows that on the basis of the previous 
military qualifications, acceptance, 
and service record, the product pro-
vides substantially the same level of 
airworthiness as would be provided if 
the engines or propellers were type cer-
tificated under Part 33 or 35 of this sub-
chapter. 

(d) The FAA may relieve an applicant 

from strict compliance with a specific 
provision of the applicable require-
ments in paragraph (f) of this section, 
if the FAA finds that the method of 
compliance proposed by the applicant 
provides substantially the same level 
of airworthiness and that strict com-
pliance with those regulations would 
impose a severe burden on the appli-
cant. The FAA may use experience 
that was satisfactory to an Armed 
Force of the United States in making 
such a determination. 

(e) The FAA may require an appli-

cant to comply with special conditions 
and later requirements than those in 
paragraphs (c) and (f) of this section, if 
the FAA finds that compliance with 
the listed regulations would not ensure 
an adequate level of airworthiness for 
the aircraft. 

(f) Except as provided in paragraphs 

(b) through (e) of this section, an appli-
cant for a type certificate under this 
section must comply with the appro-
priate regulations listed in the fol-
lowing table: 

Type of aircraft 

Date accepted for operational use 

by the Armed Forces 

of the United States 

Regulations that apply

1

 

Small reciprocating-engine powered airplanes 

Before May 16, 1956 ......................
After May 15, 1956 .........................

CAR Part 3, as effective May 15, 1956. 
CAR Part 3, or 14 CFR Part 23. 

Small turbine engine-powered airplanes ..........

Before Oct. 2, 1959 .........................
After Oct. 1, 1959 ............................

CAR Part 3, as effective Oct. 1, 1959. 
CAR Part 3 or 14 CFR Part 23. 

Commuter category airplanes ..........................

After (Feb. 17, 1987) .......................
FAR Part 23 as of (Feb. 17, 1987)..

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