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FAA/ATF Refusal to Grant CJ Airworthiness Certificate

 
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twvandusen



Joined: 20 Sep 2017
Posts: 11
Location: Clark Fork Idaho

PostPosted: Wed Apr 18, 2018 6:58 am    Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate Reply with quote

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
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PostPosted: Wed Apr 18, 2018 7:05 am    Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate Reply with quote

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




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Dawg



Joined: 19 May 2013
Posts: 355

PostPosted: Wed Apr 18, 2018 8:06 am    Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate Reply with quote

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
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PostPosted: Wed Apr 18, 2018 8:48 am    Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate Reply with quote

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!

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


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http://forums.matronics.com/viewtopic.php?p=479424#479424



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threein60



Joined: 04 Feb 2016
Posts: 51
Location: Everett Wa

PostPosted: Wed Apr 18, 2018 9:06 am    Post subject: FAA/ATF Refusal to Grant CJ Airworthiness Certificate Reply with quote

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

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http://forums.matronics.com/viewtopic.php?p=479424#479424



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HawkerPilot2015



Joined: 10 Jan 2006
Posts: 503

PostPosted: Wed Apr 18, 2018 3:17 pm    Post subject: Re: FAA/ATF Refusal to Grant CJ Airworthiness Certificate Reply with quote

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

PostPosted: Wed Apr 25, 2018 8:38 pm    Post subject: Re: FAA/ATF Refusal to Grant CJ Airworthiness Certificate Reply with quote

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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