FAR 21.27 — Surplus Military Type Certification
FAR 21.27 explains how surplus U.S. Armed Forces aircraft can earn an FAA type certificate, including airworthiness standards, exceptions, and special conditions.
In Plain English
FAR 21.27 allows an applicant to obtain a type certificate for a former U.S. military aircraft that has been declared surplus by an Armed Force of the United States. It applies to aircraft in the normal, utility, acrobatic, commuter, or transport categories that were designed and built in the U.S.
Key points:
- The aircraft must have been accepted for operational use by an Armed Force and shown to comply with the airworthiness rules listed in paragraph (f) (CAR Parts 3, 4b, 6, 7 or 14 CFR Parts 23, 25, 27, 29 — depending on aircraft type, weight, and date accepted into military service).
- If the surplus aircraft is a counterpart of a previously type-certificated civil aircraft, the applicant simply shows compliance with the original civil type certificate rules.
- Engines and propellers installed on the aircraft can be approved based on their military qualification and service record if they provide substantially the same level of airworthiness as Part 33/35 certification.
- The FAA may relieve an applicant from strict compliance where the proposed method gives equivalent safety and strict compliance would be a severe burden, and may also impose special conditions when needed for adequate airworthiness.
Operationally, this is how warbirds and ex-military trainers (like T-6s or T-34s) make it onto the civil registry with a standard type certificate.
Regulation Text
14 CFR § 21.27§ 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 this subchapter.
(d) The FAA may relieve an applicant from strict compliance with a specific provision of the applicable requirements 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 compliance with those regulations would impose a severe burden on the applicant. 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 applicant 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 applicant for a type certificate under this section must comply with the appropriate regulations listed in the following table:
[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]
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.
CAR Part 7, as effective Oct. 1, 1959.CAR Part 7, or 14 CFR Part 29.
Before Oct. 2, 1959After Oct. 1, 1959
Over 6,000 pounds
CAR Part 6, as effective Oct. 1, 1959.CAR Part 6, or 14 CFR Part 27.
Before Oct. 2, 1959After Oct. 1, 1959
6,000 pounds or less
Rotorcraft with maximum certificated takeoff weight of:
CAR Part 4b, as effective Oct. 1, 1959.CAR Part 4b or 14 CFR Part 25.
Before Oct. 2, 1959After Oct. 1, 1959
Large turbine engine-powered airplanes
CAR Part 4b, as effective Aug. 25, 1955.CAR Part 4b or 14 CFR Part 25.
Before Aug. 26, 1955After Aug. 25, 1955
Large reciprocating-engine powered airplanes
After (Feb. 17, 1987)FAR Part 23 as of (Feb. 17, 1987).
Commuter category airplanes
CAR Part 3, as effective Oct. 1, 1959.CAR Part 3 or 14 CFR Part 23.
Before Oct. 2, 1959After Oct. 1, 1959
Small turbine engine-powered airplanes
CAR Part 3, as effective May 15, 1956.CAR Part 3, or 14 CFR Part 23.
Before May 16, 1956After May 15, 1956
Small reciprocating-engine powered airplanes
Regulations that apply
Date accepted for operational use by the Armed Forcesof the United States
Type of aircraft
Oral Exam Questions a DPE Might Ask
Q1What does FAR 21.27 allow, and which aircraft categories does it cover?
Per FAR 21.27, an applicant may obtain a type certificate for a U.S.-designed and -built surplus Armed Forces aircraft in the normal, utility, acrobatic, commuter, or transport category, provided it complies with the certification rules listed in paragraph (f).
Q2Under FAR 21.27, how are engines and propellers from a surplus military aircraft approved without going through Part 33 or 35?
FAR 21.27(c) lets the FAA approve installed military engines and propellers based on their prior military qualification, acceptance, and service record, if they show substantially the same level of airworthiness as Part 33 or 35 certification would provide.
Q3Can the FAA waive strict compliance with the airworthiness requirements in FAR 21.27?
Yes. Under FAR 21.27(d), the FAA may relieve an applicant from strict compliance if the proposed method provides substantially the same level of airworthiness and strict compliance would be a severe burden, and it may also impose special conditions under FAR 21.27(e).
Studying for a checkride?
Related Sections in Part 21