Document ID: chunk:federal_register_of_legislation:F2017L00081:reg:13:p1
Version: federal_register_of_legislation:F2017L00081
Segment Type: reg
Provision Reference: reg 13 (pt 1/5)
Character Range: 62663–65644

13  Category VIII—Aircraft and Related Articles
 (a) Aircraft, as follows:
 (1) bombers;
 (2) fighters, fighter bombers, and fixed‑wing attack aircraft;
 (3) turbofan‑ or turbojet‑powered trainers used to train pilots for fighter, attack, or bomber aircraft;
 (4) attack helicopters;
 (5) unarmed military unmanned aerial vehicles (UAVs) (MT if the UAV has a range equal to or greater than 300 km);
 (6) armed unmanned aerial vehicles (UAVs) (MT if the UAV has a range equal to or greater than 300 km);
 (7) military intelligence, surveillance, and reconnaissance aircraft;
 (8) electronic warfare, airborne warning and control aircraft;
 (9) air refuelling aircraft;
 (10) target drones (MT if the drone has a range equal to or greater than 300 km);
 (11) aircraft incorporating any mission system controlled under this list;
 (12) aircraft capable of being refuelled in flight including hover‑in‑flight refuelling (HIFR);
 (13) optionally Piloted Vehicles (OPV) (that is, aircraft specially designed to operate with and without a pilot physically located in the aircraft) (MT if the OPV has a range equal to or greater than 300 km);
 (14) aircraft with a roll‑on/roll‑off ramp, capable of airlifting payloads over 35,000 lbs. to ranges over 2,000 nm without being refuelled in‑flight, and landing onto short or unimproved airfields;
 (15) aircraft not enumerated in paragraphs (a)(1) to (14) as follows:
 (i) United States‑origin aircraft that bear an original military designation of A, B, E, F, K, M, P, R, or S;
 (ii) foreign‑origin aircraft specially designed to provide functions equivalent to those of the aircraft listed in subsubparagraph (i);
 (16) are armed or are specially designed to be used as a platform to deliver munitions or otherwise destroy targets (for example, firing lasers, launching rockets, firing missiles, dropping bombs, or strafing).
Note 1: Aircraft specially designed for military applications that are not identified in paragraph (a), including any unarmed military aircraft, regardless of origin or designation, manufactured prior to 1956 and unmodified since manufacture. Aircraft with modifications made to incorporate safety of flight features or other modifications such as transponders and air data recorders are considered "unmodified" for the purposes of this paragraph.
Note 2: "Range" is the maximum distance that the specified aircraft system is capable of travelling in the mode of stable flight as measured by the projection of its trajectory over the surface of the Earth. The maximum capability based on the design characteristics of the system, when fully loaded with fuel or propellant, will be taken into consideration in determining range. The range for aircraft systems will be determined independently of any external factors such as operational restrictions, limitations imposed by telemetry, data links, or other external constraints. For aircraft systems, the range will be determined for a one‑way distance using the most