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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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142 

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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