8KCAB AFM's, POH's, and the FAA, oh my!

[Big Ed]

FAA Order 8620.2A, Applicability and Enforcement of Manufacturer's Data

7. TCDS. Consistent with 14 CFR, a TCDS is part of a product’s type certificate (TC). A
TCDS is a summary of the product’s type design. It is used primarily by authorized persons
during initial or recurrent issuance of a Standard Airworthiness Certificate. It is neither a
regulation, a maintenance requirements document, or a flight manual document. As such, for
aircraft holding a valid and current airworthiness certificate, a TCDS should not be used as a sole
source to determine what maintenance is required or what the flight operations requirements are.
Any language on a TCDS, by itself, is not regulatory and is simply not enforceable. There must
be a corresponding rule to make any language on the TCDS mandatory. For example, there is a
mention of “operating limitations” on most TCDS. The corresponding rule for “operating
limitations” is 14 CFR § 91.9(a) which states, “Except as provided in paragraph (d) of this
section, no person may operate a civil aircraft without complying with the operating limitations
specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as
otherwise prescribed by the certificating authority of the country of registry.” Without § 91.9,
the TCDS requirement to comply with operating limitations would not be enforceable.

 

[Big Ed]

conditions that must be met for an aircraft to be considered airworthy.

The following two conditions are stated in FAR Part 21.183(a), (b), and (c) and must be complied with before the FAA will issue an airworthiness certificate:

§ 21.183 Issue of standard airworthiness certificates for normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; and special classes of aircraft.
(a) New aircraft manufactured under a production certificate. An applicant for a standard airworthiness certificate for a new aircraft manufactured under a production certificate is entitled to a standard airworthiness certificate without further showing, except that the FAA may inspect the aircraft to determine conformity to the type design and condition for safe operation.

(b) New aircraft manufactured under type certificate. An applicant for a standard airworthiness certificate for a new aircraft manufactured under a type certificate is entitled to a standard airworthiness certificate upon presentation, by the holder or licensee of the type certificate, of the statement of conformity prescribed in § 21.130 if the FAA finds after inspection that the aircraft conforms to the type design and is in condition for safe operation.

(c) Import aircraft. An applicant for a standard airworthiness certificate for an import aircraft is entitled to that certificate if -

(1) The aircraft is type certificated in accordance with § 21.21 or § 21.29 and produced under the authority of another State of Manufacture;

(2) The State of Manufacture certifies, in accordance with the export provisions of an agreement with the United States for import of that aircraft, that the aircraft conforms to the type design and is in condition for safe operation; and

(3) The FAA finds that the aircraft conforms to the type design and is in condition for safe operation.

 

[Bob Turner]

So help me out here - once an aircraft leaves the factory, the only time it must adhere to the type certificate is when it is being re-certified for a new airworthiness certificate?
So can I now change my Decathlon to a 160 hp engine without a field approval? If not, why is that restriction applicable, and the AFM restriction not applicable?
What about rpm limits - in my Cub, the only source is the type certificate. So I can ignore them and put a climb prop on?

You are carrying an AFM, even though you do not need one - extra weight, or do you read it during flight? I think you are doing the right thing. Continue thinking that you do not have to conform to the type certificate, but continue to do so anyway - makes annual inspections a lot easier.

Bart - I have the 1979 150 AFM in hand, and will get Xerox copy for you - it is clear from the dates on the cover sheet that the signature is not done each and every time an aircraft rolls out of the factory - that is, you get a Xerox with your N number and serial number typed in, and the date is the signature date, not the delivery date.