AC 21-17 DATE 3/15/82
CIRCULAR
DEPARTIUEST OF TRASSPORTATIOS Federal Aviation Administration Washington? D.C.
FARGUIDANCE MATERIAL CARRIAGE OF CARGO IN RESTRICTED CATEZORY AIRCRAFT AN2 OTHEB Swbjpct: SPECIAL PURPOSE OPERATIOKS 1 PURPOSE. This advisory circular (AC) is to advise that the carriage of c&go in a restricted category aircraft is amsidered a restricted category special purpose operationand provides procedures for designating other special purpose operations under Federal Aviation F&gulation (FAR) 21,25(b)(7).
2 INFOMTION. Types of restricted category special purpose operations are listed in FAR 21.25, which also provides in FAR 21,25(b)(7) for other special purpose operations as specified by the FAA Administrator. The carriage of cargo in restricted catwory aircraft has been authorized cm a case by case basis in the past. Howeber, the procedures related to issuance of the type certificates and ainmrthiness certificates for that prpose have never been published in the AC system. By this AC, therefore, carriage of cargo is specified as a special purpose operation under FAR 21,25(b)(7). This AC also provides guidance for issuance of type and airworthiness certificates for that pumse, and any other special purpose proposed by an applicant.
3 0 GEINERAL.
a. A person who applies for a restricted category type ertificate for any special purpose operation should be aware that the operating limitations imposed on restricted category aircraft by FAR 91.39, among other things, prohibit the carriage of persons or property for mqensation m hire, and restrict the areas and airports where restricted category aircraft may k operated. It should be recognized, therefore, that the strict limitations inposed on restricted category aircraft severely limit their practical usage, especially for the special purpose of carrying cargo.
b. The only operations falling within the restricted special prrpse category are those items specifically listed in FAR Z&25(b)(l) through (6), plus further categories established under (b)(7) after public notice and cmnent procedures. Proposals for establishing new special purpose operations under FAR 21.25(b)(7) should be submitted to the FAA, 800 Independence Avenue, S.W., Washington, D. C. 20591, Attention: Aircraft Manufacturing Division, AWS-200, and should include information, views and arguments to substantiate Initiated by: AWS-200
that permitting the proposed operation would be in the wblic interest and safety wxld not be compromised. The proposal will be published in the Federal Register and final actior2 will be taken after evaluation of amments received.
4 l PROCEDURE.
a. 7Jpe Certification. A restricted category type certificate is a prerequisite to issuance of a restricted ainkhiness certificate for a~ individual aircraft l Application for a type mrtificate should be made on FAA Fbm 8110-2, APPLICATI~ F'OR TYPE CEFCIFICATE, P~DUCI'ION CERTIFICATE, OR SUPPLEMENTAL TWX CEFCIFICATE, and submitted to the Enqineering Division or Branch in the FAA Regional Office of the region in which the applicant is located.
(I) lLtl aircraft previously type certificated in one of the standard categories may k type certificated in the restricted cateqory under FAR 21,25(a)(l), even though the applicant% aircraft may meet all of the requirements for a type certificate in another category, and no mdifications to the aircraft are needed to acmlish the special purpose. When modifications to the aircraft are required for the special purpose, the certification basis for approval of the difications muld be the CAR/FAR applicable to the original type certification of the aircraft, except that the FAA certificating office may waive such of the basic airworthiness requirements as may be considered inappropriate for the special purpose. The decision to waive any of the basic airxxthiness requirements is to be judged on the basis that operation of the aircraft under the waivers and under the limitations of FAR 91.39, plus any other operating limitations the type certificating office deems appropriate, will not adversely affect public safety.
(2) The type ertification process for surplus aircraft of the U.S.
Armed Forces under FAR 21.25(a)(2) would include an FAA evaluation of the military safety record of the aircraft model. An aircraft that has been declared unairwxthy by the military is not eligible for certification in any category. Tne certification basis for approval of tiifications to a military surplus aircraft that was never type certificated in any category muld be the FAR applicable to the size of the aircraft (i.e., FAR 23 or FAR 25) and a showing by the applicant in accordance with FAR 21.25(a) that no feature or characteristics of the aircraft makes it unsafe when it is operated under the limitations prescribed for its intended use.
(3) The FAA certificating office may also consider the hazardous materials regulations in 49 CFR, Part 175, and in particular Section 175.320 "Cargo-only Aircraft; only means of transporrtation" when processing an application for the special purpose of carriage of cargo. If the applicant cannot specify that he will not be carrying hazardous materials in his cargo operations, or the applicability of Part 175 with respect to tiifications-that may be required is not evaluated during the type oertification pmcess, the certificating office wxld include the following limitation in the type certificate: "Carriage of hazardous materials is prohibited unless &pliance is shown with applicable regulations in @de of Federal Regulations Title 49, Part 175.
2 Par 3
3/15/Q AC 21-12
b. Aimrthiness Certification.
certificate for an aircraft that has category is made on FAA F&m 8130-6, - _ An application for an airworthiness been type certificated in the restrictel3 APPLICATION FUR AIKWmINESS CERTIFICATE, which may be submitted to any l?AA field office. In processing an application for a restricted aizlrorthiness certificate for the special purpose of carriage of cargo, the FAA certificating inspector will place emphasis in the following areas:
(1) An aircraft issued a restricted category type certificate under FAR 21.25(a)(l) must conform to the type design approved under the category for which the aircraft was previously certificated, and to the type design for the restricted category modifications made to the aircraft. If no tiifications had been made to the aircraft, and the aircraft was previously mrtificated in the standard category, it must be shown by the applicant to be in condition for safe operation and to anform to the type design for the standard category, unless the restricted category type design data specifies those airworthiness requirements that have been found inappropriate for the special purpose.
(2) For a surplus military aircraft, FAR 21.185(b) requires the FAA to make a finding that the aircraft is in a g& state of preservation and repair and in condition ,for safe operation. In making this finding, the certificating inspector will require any degree of tear-down far inspection, or search of aircraft records that is found necessary to establish the condition of the aircraft and the aircraft systems that are subject to deterioration over a long period of storage. The inspection of the aircraft may be accomplished in conjunct ion with the type certification process.
(3) In the case of an aircraft that was previously type certificated in the standard category, and is to be returned to the standard category after operation in the restricted category, the certificating inspector will ensure that appropriate inspection requirements are included in the instructions for conversion of the aircraft back to standard configuration. !Ihe nature of cargo that may have been carried, the areas where the operations had been conducted, the surface conditions of the airports that had L>een used, and whether the aircraft had been operated at weights over those approved for the standard category would all be factors to mnsider in developing an inspection prmram that muld determine whether%tructural damage or damage due to corrosion caused by the kind of cargo carried or areas of aperation had occurred 0 Engineering assistance may be required and requested if Med necessary by the certificating inspector.
(4) A restricted category aircraft may not be operated over any foreign country without the special permission of that muntry, since such aircraft may not meet the Xntemational Civil Aviation Organization Aimrthiness Cbde, Annex 8. Tb ensure that foreign civil air authorities are aware of the status of restricted category aircraft exported to their countries, the following note will be placed under "exceptions" on all Export Certificates of Aimrthiness, FAA Fbrm 8130-4, issue&i for restricted category aircraft: “This Aircraft is type certificated in the restricted category and may not meet the applicable aimrthiness CDde as provided by Annex 8 to the Convention on International Civil Aviation,” Par 4
AC 21-17 3/15/e2
c. Operations. The operating limitations in FAR 91,39(d) may be waived following evaluation of the proposed operations by the FAA. Application for a waiver is made on FAA Fbrm 7711-2, APPLICATION FOR CERTIFICATE OF WUVER OR AUIMORIZATICX, which may be submitted to the FAA r-ion having jurisdiction over the area in which the applicant plans to and&t the operations requiring a waiver. Each application for a waiver will be evaluated and processed on an individual basis by the appropriate FAA office, to determine *ether:
(1) the operation with the additional flexibility permitted by the waiver and addition21 @eratins limitations applied (if any) will afford an equivalent degree of public safety to that resulting from the operation of standard category aircraft; and,
(2) based on individual circumstances, appropriate operating limitations and a specific date of expiration for the waiver ansistent with completidn of the special purpose operation should be prescribed.
d Maintenance. Restricted category aircraft are rrot excluded from meeti;g any applicable maintenance requirements of FAR Parts 43 and 91, including the accomplishment of Aimrthiness Directives. The FAA region in which a restricted category aircraft is being operated will take appropriate administrative or legal enforcement action whenever a deviation from these requirements is discovered.
e. Ainmrthiness Certificates. ?he FAA region in which restricted category aircraft are being operated has authority, under FAR 13.19, in the s 4 interest of safety and the public interest, to amend ainmrthiness certificates as a result of reinspection or investigation of individual circumstances related to restricted category operations.
M. C.Beard Director of Airworthiness