New Ops Limitations - “Replacement articles”

[Phyrcooler]

I am in the process of having my operating limitations updated. The purpose was to designate a new Phase 1 testing area. Oh if life could be so simple. The craziness that I have gone through the past few weeks is a story for another time. In the meantime, this is one of the new limitations that has been added. Nothing like it was on my original ops limitations. I’m not sure if this is an issue or not, and seek advice from the DAR‘s or other knowledgeable folks here. I can’t think of any impacts to my plane, but not sure I fully understand this requirement in regards to EAB. Neither my engine nor propeller are “certificated“. But, it does have Lycoming parts. I believe the carburetor is considered certificated. Is this limitation anything to worry about in reality? Here’s the added limitation:

11. The aircraft may not be operated unless the replacement interval for a life-limited article specified in the applicable technical publications pertaining to the aircraft and its articles are complied with in one of the following manners:

(a) Type-Certificated Products: Replacement of life-limited parts required by § 91.409(e) applies to experimental aircraft when the required replacement times are specified in the U.S. aircraft specifications or type certificate data sheets.

(b) Non-Type-Certificated Products: Unless otherwise specified by the FAA, the manufacturer shall identify an interval for replacing life-limited parts on articles installed in or on the aircraft. (20)

Thanks!!

 

[howardtlcc]

91.409 (e) only applies to large aircraft. for the second part you are the manufacturer.

Large airplanes (to which part 125 is not applicable), turbojet multiengine airplanes, turbopropeller-powered multiengine airplanes, and turbine-powered rotorcraft. No person may operate a large airplane, turbojet multiengine airplane, turbopropeller-powered multiengine airplane, or turbine-powered rotorcraft unless the replacement times for life-limited parts specified in the aircraft specifications, type data sheets, or other documents approved by the Administrator are complied with and the airplane or turbine-powered rotorcraft, including the airframe, engines, propellers, rotors, appliances, survival equipment, and emergency equipment, is inspected in accordance with an inspection program selected under the provisions of paragraph (f) of this section, except that, the owner or operator of a turbine-powered rotorcraft may elect to use the inspection provisions of § 91.409(a), (b), (c), or (d) in lieu of an inspection option of § 91.409(f).

 

[Mel]

Op Lim (20) is to be included in all aircraft certificated under Part 21.191 per FAA Order 8130.2L, Table D.

 

[Mark Dickens]

So, what is the net effect of this for us?

 

[Phyrcooler]

Op Lim (20) is to be included in all aircraft certificated under Part 21.191 per FAA Order 8130.2L, Table D.

Thank you Mel. I’ve been reviewing Appendix D (Table D) but your comment clarified it I believe.

Am I understanding correctly? The inspector can (should?) include all available Operating Limitations that are listed under the column “Certification Basis” that have (21).191 without any subsections, AND all that list 21.191 (g)… but NOT any 21.191 subsections other than (g) ie: (a - f, h… etc. that don’t include (g)??

SO - for example, Table D number 6 lists 191(a): “Operations are limited to tests and configurations described in the applicant’s program letter that was submitted as the basis for issuance of this airworthiness certificate”.

Based on the guidance in this table, generally #6 should NOT be on my new Ops limitations. This is intended for “Research and development” Experimental certificates. Is my understanding correct? This is another one that is on my Ops Lims.

 

[Mel]

Thank you Mel. I’ve been reviewing Appendix D (Table D) but your comment clarified it I believe.
Am I understanding correctly? The inspector can (should?) include all available Operating Limitations that are listed under the column “Certification Basis” that have (21).191 without any subsections, AND all that list 21.191 (g)… but NOT any 21.191 subsections other than (g) ie: (a - f, h… etc. that don’t include (g)??
SO - for example, Table D number 6 lists 191(a): “Operations are limited to tests and configurations described in the applicant’s program letter that was submitted as the basis for issuance of this airworthiness certificate”.
Based on the guidance in this table, generally #6 should NOT be on my new Ops limitations. This is intended for “Research and development” Experimental certificates. Is my understanding correct? This is another one that is on my Ops Lims.

You are correct.

 

[rvbuilder2002]

Thank you Mel. I’ve been reviewing Appendix D (Table D) but your comment clarified it I believe.

Am I understanding correctly? The inspector can (should?) include all available Operating Limitations that are listed under the column “Certification Basis” that have (21).191 without any subsections, AND all that list 21.191 (g)… but NOT any 21.191 subsections other than (g) ie: (a - f, h… etc. that don’t include (g)??

SO - for example, Table D number 6 lists 191(a): “Operations are limited to tests and configurations described in the applicant’s program letter that was submitted as the basis for issuance of this airworthiness certificate”.

Based on the guidance in this table, generally #6 should NOT be on my new Ops limitations. This is intended for “Research and development” Experimental certificates. Is my understanding correct? This is another one that is on my Ops Lims.

Correct, as Mel already said.
But a minor clarification….
The applicable limitations based on what is listed in the appendix must be issued.
A DAR has no choice, but those not listed as generally applicable to 21.191, or specifically 21.191(g) should not have been issued.

 

[Beechx1]

11. The aircraft may not be operated unless the replacement interval for a life-limited article specified in the applicable technical publications pertaining to the aircraft and its articles are complied with in one of the following manners:

(a) Type-Certificated Products: Replacement of life-limited parts required by § 91.409(e) applies to experimental aircraft when the required replacement times are specified in the U.S. aircraft specifications or type certificate data sheets.

(b) Non-Type-Certificated Products: Unless otherwise specified by the FAA, the manufacturer shall identify an interval for replacing life-limited parts on articles installed in or on the aircraft. (20)

I recently got my limitations changed too and am confused by this one.

a) An EAB does not have U.S aircraft specifications or a type certificate data sheet. Without aircraft specs or a TDS there are no applicable required replacement times. Therefore, this paragraph does not apply to Van's airplanes. It would typically apply to other experimental categories such as exhibition, market survey, etc. where there is a TDS, but not EAB unless the builder identified the life limited parts.

b) This paragraph requires that the manufacturer (builder for an EAB) to identify an interval for replacing life-limited parts. I did not build my airplane, so I am not the manufacturer of it. The builder of my airplane is not interested / capable of identifying life limited parts or identifying an appropriate replacement interval. Since the manufacturer will not identify an interval for replacing life limited parts, is my airplane permanently grounded, or exempt from this paragraph?

11) I could comply with the limitation if this paragraph had left off "in one of the following manners:". For example, my propeller has applicable technical publications, if these publications call for replacement of the blades after so many hours, I can comply with that technichal publication. However, doing so does not comply with a) or b) which is required by the limitation.

A builder could add a statement to the aircraft log stating something like "All parts with a life limit identified by the manufacturer of that part shall be replaced at or before this life limit". That would satisfy the requirement for the manufacturer in paragraph b) and provide a clear path for compliance.

I built a Rotorway helicopter. The kit manufacturer did a good job of creating a maintainance program including replacement of life limited parts. For kits that have a maintainance program like this, a builder could make a statement in the aircraft log something like "All life limited parts as listed in the Rotorway Maintainance Manual shall be replaced per this manual.". This would allow compliance with b).

Although I mentioned putting a statement in the aircraft logbook, it really should go in the limitations, which are part of the Flight Manual for most non-EAB aircraft. A limitation can also be created using a placard, but b) says that the manufacturer must make this limitation.

Without the original builder's involvement, I don't see how this limitation can be complied with. It appears that this limitation as written is really intended for experimental aircraft in categories other than EAB and doesn't really apply to EABs.

Although I intend to comply with all known life limit requirements as specified by the manufacturer of the components, I can't say that I am complying with the limitaiton as it is written since there is no aircraft spec or TDS and I am not the manufacturer.

What am I missing here?