[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR21.27]

[Page 121-122]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS--Table of Contents
 
                      Subpart B--Type Certificates
 
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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
\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.


[[Page 122]]


[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]