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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14 CFR Ch. I (1–1–24 Edition)
§ 21.29
Type of aircraft
Date accepted for operational use
by the Armed Forces
of the United States
Regulations that apply
1
Large reciprocating-engine powered airplanes
Before Aug. 26, 1955 ......................
After Aug. 25, 1955 .........................
CAR Part 4b, as effective Aug. 25, 1955.
CAR Part 4b or 14 CFR Part 25.
Large turbine engine-powered airplanes .........
Before Oct. 2, 1959 .........................
After Oct. 1, 1959 ............................
CAR Part 4b, as effective Oct. 1, 1959.
CAR Part 4b or 14 CFR Part 25.
Rotorcraft with maximum certificated takeoff
weight of:
6,000 pounds or less ................................
Before Oct. 2, 1959 .........................
After Oct. 1, 1959 ............................
CAR Part 6, as effective Oct. 1, 1959.
CAR Part 6, or 14 CFR Part 27.
Over 6,000 pounds ...................................
Before Oct. 2, 1959 .........................
After Oct. 1, 1959 ............................
CAR Part 7, as effective Oct. 1, 1959.
CAR Part 7, or 14 CFR Part 29.
1
Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular
model was accepted for operational use by the Armed Forces.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–59, 52 FR 1835, Jan. 15, 1987;
52 FR 7262, Mar. 9, 1987; 70 FR 2325, Jan. 13, 2005; Amdt. 21–92, 74 FR 53386, Oct. 16, 2009]
§ 21.29
Issue of type certificate: import
products.
(a) The FAA may issue a type certifi-
cate for a product that is manufactured
in a foreign country or jurisdiction
with which the United States has an
agreement for the acceptance of these
products for export and import and
that is to be imported into the United
States if—
(1) The applicable State of Design
certifies that the product has been ex-
amined, tested, and found to meet—
(i) The applicable aircraft noise, fuel
venting, and exhaust emissions re-
quirements of this subchapter as des-
ignated in § 21.17, or the applicable air-
craft noise, fuel venting, and exhaust
emissions requirements of the State of
Design, and any other requirements
the FAA may prescribe to provide
noise, fuel venting, and exhaust emis-
sion levels no greater than those pro-
vided by the applicable aircraft noise,
fuel venting, and exhaust emission re-
quirements of this subchapter as des-
ignated in § 21.17; and
(ii) The applicable airworthiness re-
quirements of this subchapter as des-
ignated in § 21.17, or the applicable air-
worthiness requirements of the State
of Design and any other requirements
the FAA may prescribe to provide a
level of safety equivalent to that pro-
vided by the applicable airworthiness
requirements of this subchapter as des-
ignated in § 21.17;
(2) The applicant has provided tech-
nical data to show the product meets
the requirements of paragraph (a)(1) of
this section; and
(3) The manuals, placards, listings,
and instrument markings required by
the applicable airworthiness (and
noise, where applicable) requirements
are presented in the English language.
(b) A product type certificated under
this section is considered to be type
certificated under the noise standards
of part 36 of this subchapter and the
fuel venting and exhaust emission
standards of part 34 of this subchapter.
Compliance with parts 36 and 34 of this
subchapter is certified under paragraph
(a)(1)(i) of this section, and the applica-
ble airworthiness standards of this sub-
chapter, or an equivalent level of safe-
ty, with which compliance is certified
under paragraph (a)(1)(ii) of this sec-
tion.
[Amdt. 21–92, 74 FR 53386, Oct. 16, 2009]
§ 21.31
Type design.
The type design consists of—
(a) The drawings and specifications,
and a listing of those drawings and
specifications, necessary to define the
configuration and the design features
of the product shown to comply with
the requirements of that part of this
subchapter applicable to the product;
(b) Information on dimensions, mate-
rials, and processes necessary to define
the structural strength of the product;
(c) The Airworthiness Limitations
section of the Instructions for Contin-
ued Airworthiness as required by parts
23, 25, 26, 27, 29, 31, 33 and 35 of this sub-
chapter, or as otherwise required by
the FAA; and as specified in the appli-
cable airworthiness criteria for special
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