gill.g(at)gpimail.com
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 Posted: Wed Aug 06, 2014 2:12 pm Post subject: AW Certificate Mods |
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I recently had an encounter with my local FSDO because he interpreted a prop change as a major mod which under the operating limits require a phase I fly off which I hadn't done. He cited 14 CFR 21.93 which is as follows:
"§ 21.93 Classification of changes in type design.
(a) In addition to changes in type design specified in paragraph (b) of this section, changes in type design are classified as minor and major. A “minor change” is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of the product. All other changes are “major changes” (except as provided in paragraph (b) of this section)."
He wanted to focus on the words "appreciable effect" without considering the words "affecting airworthiness". He wanted me to sign an acknowledgement of a violation which I refused. I had installed a prop from Jill manufactured by Whirlwind to her specs. I made the case that at least three reasonable people had reasonably determined that the prop was not an appreciable effect and had no affect on the airworthiness of the aircraft and my log book contained the appropriate entries showing the installation. Today, my take away from this is that I would had less of issue if the log book entry had stated that the change was determined to be minor per Part 21.93. The FSDO accepted my position.
Although, my issue was related to a prop it seems like any mod including camera mounts could be a major change requiring a phase I fly off, depending on how your FSDO wants interpret his regs unless you are prepared to challenge him. I sat down with him at his office prepared with a complete understanding of what he was thinking. I believe that the FAA definition gives us a lot of latitude with our CJs and YAKs.
Gill
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