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Sec. 21.27 - Issue of type certificate:
surplus aircraft of the Armed Forces.
(a) Except as provided in paragraph (b) of this section an applicant is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, 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 paragraph (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 provides substantially the same level of airworthiness as would be provided if the engines or propellers were type certificated under Part 33 or 35 of the Federal Aviation Regulations. (d) The Administrator may relieve an applicant from strict compliance with a specific provision of the applicable requirements in paragraph (f) of this section, if the Administrator finds that the method of compliance proposed by the applicant provides substantially the same level of airworthiness and that strict compliance with those regulations would impose a severe burden on the applicant. The Administrator may use experience that was satisfactory to an Armed Force of the United States in making such a determination. (e) The Administrator may require an applicant to comply with special conditions and later requirements than those in paragraphs (c) and (f) of this section, if the Administrator 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 applicant for a type certificate under this section must comply with the appropriate regulations listed in the following table: ------------------------------------------------------------------------
Date accepted for
operational use
Type of aircraft by the Armed Regulations that
Forces of the apply \1\
United States
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Small reciprocating-engine Before May 16, CAR Part 3, as
powered airplanes. 1956. effective May 15,
After May 15, 1956.
1956. CAR Part 3, or FAR
Part 23.
Small turbine engine-powered Before Oct. 2, CAR Part 3, as
airplanes. 1959. effective Oct. 1,
After Oct. 1, 1959.
1959. CAR Part 3 or FAR
Part 23.
Commuter category airplanes... After (Feb. 17,
1987).
FAR Part 23 as of
(Feb. 17, 1987)..
Large reciprocating-engine Before Aug. 26, CAR Part 4b, as
powered airplanes. 1955. effective Aug. 25,
After Aug. 25, 1955.
1959. CAR Part 4b or FAR
Part 25.
Large turbine engine-powered Before Oct. 2, CAR Part 4b, as
airplanes. 1959. effective Oct. 1,
After Oct. 1, 1959.
1959. CAR Part 4b or FAR
Part 25.
Rotorcraft with maximum
certificated takeoff weight
of:
6,000 pounds or less........ Before Oct. 2, CAR Part 6, as
1959. effective Oct. 1,
After Oct. 1, 1959.
1959. CAR Part 6, or FAR
Part 27.
Over 6,000 pounds........... Before Oct. 2, CAR Part 7, as
1959. effective Oct. 1,
After Oct. 1, 1959.
1959. CAR Part 7, or FAR
Part 29.
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\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]
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