138
14 CFR Ch. I (1–1–14 Edition)
§ 21.27
§ 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)..
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
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