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twvandusen
Joined: 20 Sep 2017 Posts: 11 Location: Clark Fork Idaho
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Posted: Wed Apr 18, 2018 6:58 am Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate |
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I need some help from the group.
In June last year I purchased a CJ6A from an individual in Canada. After receiving some flight training we flew it down to Spokane to be near my DAR. I then began the process to obtain a U.S. Airworthiness Certificate. The ATF denied my Form 6 (Request to Import) stating a regulation that says that the U.S. does not allow the importation of Chinese military equipment. I argued with them but lost (there are currently 132 Nanchangs on the FAA Aircraft Registry). Next I went to my DAR/MIDO for some help. The Advisory Circular which addresses the application process states that the application MUST be accompanied by an approved ATF Form 6 whereas the actual regulation states that it SHOULD be accompanied by the Form 6. We are all aware of the difference in aviation circles between MUST and SHOULD. I thought that I had a case especially when you consider that the Advisory Circular is just that, advisory. My MIDO (Seattle) sees if differently and has told me that they won't approve if I submit. Here's my question for the group; Is there a DAR/MIDO in another region which would be willing to issue and AWC based on the SHOULD logic? Your thoughts would be greatly appreciated. Thom
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hess737(at)aol.com Guest
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Posted: Wed Apr 18, 2018 7:05 am Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate |
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Thom
I don’t know all the import rules but I do know the Yaks and CJs are exempt from export control due to being under a certain hp and piston. I’d think Doug Sapp in Omsk, WA would be a great local source of import knowledge.
Richard Hess
C 404-964-4885
Quote: | On Apr 18, 2018, at 10:58 AM, twvandusen <twvandusen(at)gmail.com> wrote:
I need some help from the group.
In June last year I purchased a CJ6A from an individual in Canada. After receiving some flight training we flew it down to Spokane to be near my DAR. I then began the process to obtain a U.S. Airworthiness Certificate. The ATF denied my Form 6 (Request to Import) stating a regulation that says that the U.S. does not allow the importation of Chinese military equipment. I argued with them but lost (there are currently 132 Nanchangs on the FAA Aircraft Registry). Next I went to my DAR/MIDO for some help. The Advisory Circular which addresses the application process states that the application MUST be accompanied by an approved ATF Form 6 whereas the actual regulation states that it SHOULD be accompanied by the Form 6. We are all aware of the difference in aviation circles between MUST and SHOULD. I thought that I had a case especially when you consider that the Advisory Circular is just that, advisory. My MIDO (Seattle) sees if differently and has told me that they won!
't approve if I submit. Here's my question for the group; Is there a DAR/MIDO in another region which would be willing to issue and AWC based on the SHOULD logic? Your thoughts would be greatly appreciated. Thom
Read this topic online here:
http://forums.matronics.com/viewtopic.php?p=479424#479424
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Dawg
Joined: 19 May 2013 Posts: 355
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Posted: Wed Apr 18, 2018 8:06 am Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate |
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Ask the atf to show you in writing the regulation or directive. If they can’t call the supervisor or your Senator. A DAR cannot fix an ATF problem. Only an FAA problem.
Need a form 6 and 6A.
Quote: | On Apr 18, 2018, at 23:58, twvandusen <twvandusen(at)gmail.com> wrote:
I need some help from the group.
In June last year I purchased a CJ6A from an individual in Canada. After receiving some flight training we flew it down to Spokane to be near my DAR. I then began the process to obtain a U.S. Airworthiness Certificate. The ATF denied my Form 6 (Request to Import) stating a regulation that says that the U.S. does not allow the importation of Chinese military equipment. I argued with them but lost (there are currently 132 Nanchangs on the FAA Aircraft Registry). Next I went to my DAR/MIDO for some help. The Advisory Circular which addresses the application process states that the application MUST be accompanied by an approved ATF Form 6 whereas the actual regulation states that it SHOULD be accompanied by the Form 6. We are all aware of the difference in aviation circles between MUST and SHOULD. I thought that I had a case especially when you consider that the Advisory Circular is just that, advisory. My MIDO (Seattle) sees if differently and has told me that they won!
't approve if I submit. Here's my question for the group; Is there a DAR/MIDO in another region which would be willing to issue and AWC based on the SHOULD logic? Your thoughts would be greatly appreciated. Thom
Read this topic online here:
http://forums.matronics.com/viewtopic.php?p=479424#479424
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mark.bitterlich(at)navy.m Guest
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Posted: Wed Apr 18, 2018 8:48 am Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate |
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Call the EAA and ask for their Govt. Relations Representative.
Do not argue or debate with FAA or other Govt. agencies at the local level. There is no doubt that they have the regulations they quoted to you and believe they are correct in what they are doing. All you will do is piss them off and they will dig their heels in even further. You need either a good lawyer ($$$) or someone else to represent you. The EAA has a solid history of doing just that.
Would also not hurt to become a member, if you are not already. The EAA's whole reason for being is to support Experimental Aircraft owners, and we should support them as they support us. My opinion anyway.
Mark
They go directly to D.C. with issues like this.
Quote: | On Apr 18, 2018, at 23:58, twvandusen <twvandusen(at)gmail.com> wrote:
I need some help from the group.
In June last year I purchased a CJ6A from an individual in Canada. After receiving some flight training we flew it down to Spokane to be near my DAR. I then began the process to obtain a U.S. Airworthiness Certificate. The ATF denied my Form 6 (Request to Import) stating a regulation that says that the U.S. does not allow the importation of Chinese military equipment. I argued with them but lost (there are currently 132 Nanchangs on the FAA Aircraft Registry). Next I went to my DAR/MIDO for some help. The Advisory Circular which addresses the application process states that the application MUST be accompanied by an approved ATF Form 6 whereas the actual regulation states that it SHOULD be accompanied by the Form 6. We are all aware of the difference in aviation circles between MUST and SHOULD. I thought that I had a case especially when you consider that the Advisory Circular is just that, advisory. My MIDO (Seattle) sees if differently and has told me that they w!
on!
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Quote: | 't approve if I submit. Here's my question for the group; Is there a DAR/MIDO in another region which would be willing to issue and AWC based on the SHOULD logic? Your thoughts would be greatly appreciated. Thom
Read this topic online here:
http://forums.matronics.com/viewtopic.php?p=479424#479424
|
| - The Matronics Yak-List Email Forum - | | Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:
http://www.matronics.com/Navigator?Yak-List |
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threein60
Joined: 04 Feb 2016 Posts: 51 Location: Everett Wa
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Posted: Wed Apr 18, 2018 9:06 am Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate |
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I would do this in Pheonix az. The FSDO down there does this all the time. I have a cj in the Seattle area and engaged the FAA to rewrite my operating limits. It was such a hassle and they clearly didn't want to help. I called the phx FSDO and they did it in less than a week.
Sent from Yahoo Mail on Android
Quote: | On Wed, Apr 18, 2018 at 8:11, twvandusen
<twvandusen(at)gmail.com> wrote:
--> Yak-List message posted by: "twvandusen" <twvandusen(at)gmail.com (twvandusen(at)gmail.com)>
I need some help from the group.
In June last year I purchased a CJ6A from an individual in Canada. After receiving some flight training we flew it down to Spokane to be near my DAR. I then began the process to obtain a U.S. Airworthiness Certificate. The ATF denied my Form 6 (Request to Import) stating a regulation that says that the U.S. does not allow the importation of Chinese military equipment. I argued with them but lost (there are currently 132 Nanchangs on the FAA Aircraft Registry). Next I went to my DAR/MIDO for some help. The Advisory Circular which addresses the application process states that the application MUST be accompanied by an approved ATF Form 6 whereas the actual regulation states that it SHOULD be accompanied by the Form 6. We are all aware of the difference in aviation circles between MUST and SHOULD. I thought that I had a case especially when you consider that the Advisory Circular is just that, advisory. My MIDO (Seattle) sees if differently and has told me that they won!
't approve if I submit. Here's my question for the group; Is there a DAR/MIDO in another region which would be willing to issue and AWC based on the SHOULD logic? Your thoughts would be greatly appreciated. Thom
Read this topic online here:
http://forums.matronics.com/viewtopic.php?p=479424#479424
http://forums.matronics.com
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t="_blank">http://www.matronics.com/contribution
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HawkerPilot2015
Joined: 10 Jan 2006 Posts: 503
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Posted: Wed Apr 18, 2018 3:17 pm Post subject: Re: FAA/ATF Refusal to Grant CJ Airworthiness Certificate |
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I know a couple of the dudes in PHX and as the other poster said, they are solid! We have a shit ton of these things (and -52's) down here and they know them.
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twvandusen
Joined: 20 Sep 2017 Posts: 11 Location: Clark Fork Idaho
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Posted: Wed Apr 25, 2018 8:38 pm Post subject: Re: FAA/ATF Refusal to Grant CJ Airworthiness Certificate |
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I just wanted to say "thanks" to all of you who responded to my post. I appreciate your thoughts and comments. I'll follow up and hopefully we'll have another CJ flying in the U.S. very soon.
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