140
14 CFR Ch. I (1–1–24 Edition)
§ 21.23
category in which certification is re-
quested.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–15, 32 FR 3735, Mar. 4,
1967; Amdt. 21–27, 34 FR 18368, Nov. 18, 1969;
Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt.
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–92,
74 FR 53385, Oct. 16, 2009]
§ 21.23
[Reserved]
§ 21.24
Issuance of type certificate: pri-
mary category aircraft.
(a) The applicant is entitled to a type
certificate for an aircraft in the pri-
mary category if—
(1) The aircraft—
(i) Is unpowered; is an airplane pow-
ered by a single, naturally aspirated
engine with a 61-knot or less V
so
stall
speed as determined under part 23 of
this chapter; or is a rotorcraft with a 6-
pound per square foot main rotor disc
loading limitation, under sea level
standard day conditions;
(ii) Weighs not more than 2,700
pounds; or, for seaplanes, not more
than 3,375 pounds;
(iii) Has a maximum seating capacity
of not more than four persons, includ-
ing the pilot; and
(iv) Has an unpressurized cabin.
(2) The applicant has submitted—
(i) Except as provided by paragraph
(c) of this section, a statement, in a
form and manner acceptable to the
FAA, certifying that: the applicant has
completed the engineering analysis
necessary to demonstrate compliance
with the applicable airworthiness re-
quirements; the applicant has con-
ducted appropriate flight, structural,
propulsion, and systems tests nec-
essary to show that the aircraft, its
components, and its equipment are re-
liable and function properly; the type
design complies with the airworthiness
standards and noise requirements es-
tablished for the aircraft under
§ 21.17(f); and no feature or char-
acteristic makes it unsafe for its in-
tended use;
(ii) The flight manual required by
§ 21.5(b), including any information re-
quired to be furnished by the applicable
airworthiness standards;
(iii) Instructions for continued air-
worthiness in accordance with
§ 21.50(b); and
(iv) A report that: summarizes how
compliance with each provision of the
type certification basis was deter-
mined; lists the specific documents in
which the type certification data infor-
mation is provided; lists all necessary
drawings and documents used to define
the type design; and lists all the engi-
neering reports on tests and computa-
tions that the applicant must retain
and make available under § 21.49 to sub-
stantiate compliance with the applica-
ble airworthiness standards.
(3) The FAA finds that—
(i) The aircraft complies with those
applicable airworthiness requirements
approved under § 21.17(f) of this part;
and
(ii) The aircraft has no feature or
characteristic that makes it unsafe for
its intended use.
(b) An applicant may include a spe-
cial inspection and preventive mainte-
nance program as part of the aircraft’s
type design or supplemental type de-
sign.
(c) For aircraft manufactured outside
of the United States in a country with
which the United States has a bilateral
airworthiness agreement for the ac-
ceptance of these aircraft, and from
which the aircraft is to be imported
into the United States—
(1) The statement required by para-
graph (a)(2)(i) of this section must be
made by the civil airworthiness au-
thority of the exporting country; and
(2) The required manuals, placards,
listings, instrument markings, and
documents required by paragraphs (a)
and (b) of this section must be sub-
mitted in English.
[Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as
amended by Amdt. 21–75, 62 FR 62808, Nov. 25,
1997; Doc. No. FAA–2015–1621, Amdt. 21–100, 81
FR 96689, Dec. 30, 2016]
§ 21.25
Issue of type certificate: Re-
stricted category aircraft.
(a) An applicant is entitled to a type
certificate for an aircraft in the re-
stricted category for special purpose
operations if he shows compliance with
the applicable noise requirements of
Part 36 of this chapter, and if he shows
that no feature or characteristic of the
aircraft makes it unsafe when it is op-
erated under the limitations prescribed
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00150
Fmt 8010
Sfmt 8002
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR
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)..
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00151
Fmt 8010
Sfmt 8002
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR