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  #1  
Old 03-15-2012, 05:58 PM
gasman gasman is offline
 
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Default Final word on AD's from the FAA

Hot off the press!!!!! http://www.eaa.org/news/2012/AC%2039-7D.pdf

Wait......... nothing is ever final with the FAA!!
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Last edited by gasman : 03-16-2012 at 01:28 AM.
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  #2  
Old 03-15-2012, 06:00 PM
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DCat22 DCat22 is offline
 
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Probably worth moving this out of test.

Saw this in an EAA email today, as well...

Basically, seems to say, they don't apply to Experimentals, unless specifically called out that they do.

Quote:
9. APPLICABILITY OF ADs. [...] Unless stated otherwise (see subparagraph 9b of this AC), ADs only apply to type-certificated (TC) aircraft, including ADs issued for an engine, propeller, and appliance.

Quote:
b. Non-TC’d Aircraft and Products Installed Thereon. Non-TC’d aircraft (e.g., amateur-built aircraft, experimental exhibition) are aircraft for which the FAA has not issued a TC under part 21. The AD applicability statement will identify if the AD applies to non-TC’d aircraft or engines, propellers, and appliances installed thereon [...]
Seems to make sense to me.
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Last edited by DCat22 : 03-15-2012 at 06:02 PM.
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  #3  
Old 03-15-2012, 06:07 PM
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Mike S Mike S is offline
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Default

Quote:
Originally Posted by DCat22 View Post
Probably worth moving this out of test.
Done, now in General Discussion.
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  #4  
Old 03-15-2012, 09:09 PM
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Nitty Nitty is offline
 
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Default ECi Cylinder AD

So will the FAA now come out and revise past AD's to specify whether or not they apply to experimentals. I'm wondering because I have 4 ECi Group B cylinders that I will need to replace in 50 hours using the warranty application process. Would ECi then reject it saying that this AD doesnt apply to experimental aircraft and if I want new cylinders, I can expect to pay full price?
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  #5  
Old 03-15-2012, 09:25 PM
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sprucemoose sprucemoose is offline
 
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Interesting and timely. This debate has raged for some time on this and other forums, and it is nice to finally have some official guidance. I'm afraid, however, that it will not quiet all debate on the subject. For example, as I read it, not a single AD issued from the dawn of time until today could be applied against an RV, as none of them (to my knowledge) were written with inclusive language of 9(b). Anybody else agree with my interpretation?
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  #6  
Old 03-15-2012, 09:50 PM
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This AC is not worth the paper its written on. AC's are not regulatory. As long as FAR 39.3 is written the way it is, all AD's apply. I take that in the future they will be less ambiguous on the language used in writing new AD's as they apply to experimentals.
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  #7  
Old 03-16-2012, 12:59 AM
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I agree with what others are saying here. Additionally, I don't necessarily agree with EAAs interpretation of the AC as being a big win for experimentals. The application of ADs to experimentals can be helpful when it is used as a hammer to get the manfacturer to replace / repair their defective product at no cost or reduced cost to the aircraft owner. When they do not specifically state that they apply to experimentals, it can conversely be used by the manufacturer as a means of avoiding responsibility. The ECI cylinder AD is a case in point. The AD is written to indicate it applies to Lycoming engines with ECI Titan cylinders. So, what about an engine built by Aerosport Power instead of Lycoming, but still using ECI Titan cylinders? Somehow those are outside of the AD? I don't think this new AC clears things up at all.

Erich
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  #8  
Old 03-16-2012, 02:47 AM
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Hmmmm...

If I build a plane, say "Rick's Super Plane" and later sell it. Can I later, myself, (try to) issue an AD that the new owner must follow?
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  #9  
Old 03-16-2012, 07:18 AM
WingsOnWheels WingsOnWheels is offline
 
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Quote:
Originally Posted by DCat22 View Post
Hmmmm...

If I build a plane, say "Rick's Super Plane" and later sell it. Can I later, myself, (try to) issue an AD that the new owner must follow?
The manufaturer doesn't issue the AD, so the answer is no. However, you could request that an a safety issue be reviewed and an AD be issued. By doing so, you would make yourself liable for an future design/manufactuing defect in the plane. By requesting the AD you are basically accepting responsibility for the safety of the aircraft.
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  #10  
Old 03-16-2012, 07:41 AM
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Quote:
Originally Posted by rocketbob View Post
This AC is not worth the paper its written on. AC's are not regulatory. As long as FAR 39.3 is written the way it is, all AD's apply. I take that in the future they will be less ambiguous on the language used in writing new AD's as they apply to experimentals.
I agree with Bob and would not want to argue the point in front of a judge.

I suspect the standard boiler plate verbology will change to include experimentals in future AD's. Time will tell.
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