Federal Aviation Administration, DOT Section 36.5 Nacelle angle is defined as the angle between the rotor shaft centerline and the longitudinal axis of the aircraft fuselage. Tiltrotor means a class of aircraft capable of vertical take-off and landing, within the powered-lift category, with rotors mounted at or near the wing tips that vary in pitch from near vertical to near horizontal configuration relative to the wing and fuselage. Vertical takeoff and landing (VTOL) mode means the aircraft state or configuration having the rotors orientated with the axis of rotation in a vertical manner (i.e., nacelle angle of approximately 90 degrees) for vertical takeoff and landing operations. VCON is defined as the maximum authorized speed for any nacelle angle in VTOL/Conversion mode. VTOL/Conversion mode is all approved nacelle positions where the design operating rotor speed is used for hover operations. VTOL mode RPM means highest range of RPM that occur for takeoff, approach, hover, and conversion conditions. [Doc. No. 13243, Amdt. 36-4, 40 FR 1034, Jan. 6, 1975] spaschal on DSK3GDR082PROD with CFR EDITORIAL NOTE: For FEDERAL REGISTER citations affecting Section 36.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Section 36.2 Requirements as of date of application. (a) Section 21.17 of this chapter notwithstanding, each person who applies for a type certificate for an aircraft covered by this part, must show that the aircraft meets the applicable requirements of this part that are effective on the date of application for that type certificate. When the time interval between the date of application for the type certificate and the issuance of the type certificate exceeds 5 years, the applicant must show that the aircraft meets the applicable requirements of this part that were effective on a date, to be selected by the applicant, not earlier than 5 years before the issue of the type certificate. (b) Section 21.101(a) of this chapter notwithstanding, each person who applies for an acoustical change to a type design specified in Section 21.93(b) of this chapter must show compliance with the applicable requirements of this part that are effective on the date of application for the change in type design. When the time interval between the date of application for the change in type design and the issuance of the amended or supplemental type certificate exceeds 5 years, the applicant must show that the aircraft meets the applicable requirements of this part that were effective on a date, to be selected by the applicant, not earlier than 5 years before the issue of the amended or supplemental type certificate. (c) If an applicant elects to comply with a standard in this part that was effective after the filing of the application for a type certificate or change to a type design, the election: (1) Must be approved by the FAA; (2) Must include standards adopted between the date of application and the date of the election; (3) May include other standards adopted after the standard elected by the applicant as determined by the FAA. [Amdt. 36-54, 67 FR 45211, July 8, 2002; Amdt. 36-24, 67 FR 63195, Oct. 10, 2002] Section 36.3 Compatibility with airworthiness requirements. It must be shown that the aircraft meets the airworthiness regulations constituting the type certification basis of the aircraft under all conditions in which compliance with this part is shown, and that all procedures used in complying with this part, and all procedures and information for the flight crew developed under this part, are consistent with the airworthiness regulations constituting the type certification basis of the aircraft. [Doc. No. 9337, 34 FR 18364, Nov. 18, 1969, as amended by Amdt. 36-14, 53 FR 3540, Feb. 5, 1988] Section 36.5 Limitation of part. Pursuant to 49 U.S.C. 44715, the noise levels in this part have been determined to be as low as is economically reasonable, technologically practicable, and appropriate to the type of aircraft to which they apply. No determination is made, under this part, that 767 VerDate Sep<11>2014 12:50 Apr 30, 2019 Jkt 247046 PO 00000 Frm 00777 Fmt 8010 Sfmt 8010 Y:\SGML\247046.XXX 247046