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FAA PLACES MORATORIUM ON NEW ADDITIONS TO 51 PERCENT ...

 
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Terry Phillips



Joined: 11 Jan 2006
Posts: 346
Location: Corvallis, MT

PostPosted: Sat Feb 16, 2008 6:56 am    Post subject: FAA PLACES MORATORIUM ON NEW ADDITIONS TO 51 PERCENT ... Reply with quote

The surprising thing about this (to me) is, if you follow the link in the
original message to the FAA list, you will find that, while the 601, 701,
and 801 are listed, ZAC quick-builds are not on the list. Other
manufacturer's quick-builds (e.g., Vans & Rans plus many others) are
listed. See:

http://www.faa.gov/aircraft/gen_av/ultralights/amateur_built/kit_listing/Complete_mfr_model_listing/

I'm would be very interested in learning whether the absence of ZAC
quick-builds from the list has caused any FAA registration problems for
builders who have already completed ZAC quick-builds. Are there any of you
out there? Certainly, over the years, there have been many aircraft
registered as E-AB's that are not on this list.

Then there is the question why ZAC quick-builds are not on the list. Does
anyone know?

Terry

At 06:07 AM 2/16/2008 -0800, you wrote:
Quote:
FAA PLACES MORATORIUM ON NEW ADDITIONS TO 51 PERCENT APPROVED LIST
Amateur-Built ARC Report Published
The FAA today issued the final report of the Aviation Rulemaking Committee
(ARC) that it appointed more than 18 months ago to investigate and make
recommendations regarding the interpretation and enforcement of the
amateur-building "51 percent Rule." Concurrently, the FAA also placed a
moratorium on its customary practice of providing to aircraft kit
manufacturers and builders courtesy evaluations of new kits' compliance
with the 51 percent requirement.
The moratorium means FAA has temporarily suspended amateur-built aircraft
kit evaluations. No new kits will appear on the "51 percent approved list"
until the FAA has completed its new process revision for determining the
major portion (51 percent). The new policies will be printed in a future
Federal Register notice. EAA estimates that notice will be published in
the April-May time frame. That notice will provide the public an
opportunity to comment on the various changes. (See EAA's Questions and
Answers regarding the moratorium here.)

"We understand the logic behind the FAA's suspending advance evaluations
and approvals until after it has announced exactly how it will interpret
and enforce the rule going forward," EAA's Earl Lawrence said. "However,
we also understand that manufacturers and customers may have difficulty in
making decisions until the FAA makes its policy clear. Accordingly, we're
stressing to the FAA that this 'limbo period' should be as brief as possible."

The ARC's report
The ARC, co-chaired by Lawrence, Van's Aircraft's Dick VanGrunsven, and
FAA's Frank Paskiewicz, was formed during EAA AirVenture Oshkosh 2006. It
was comprised of representatives from the kit industry, organizations, and
FAA. The ARC's charge was to develop and present to the FAA its thoughts
and ideas on what the original intent of the regulation was; how it is
being applied today; and what impact the growing commercial assistance
centers are having on the industry.

"EAA continues to advocate the preservation of amateur-builders'
privileges and the exploration of alternative regulatory avenues allowing
for different levels of participation in aircraft building and flying
activities," Lawrence stressed.

The FAA stated that it is in general agreement with the proposed changes
to FAA Orders, Advisory Circulars, and Forms put forth in the ARC's final
report. The FAA will make all documents available for review and comment
prior to publication.

The full committee, FAA and industry members, agreed:

FAA directive and advisory language for the airworthiness certification of
amateur-built aircraft does not adequately address the issue of commercial
assistance in excess of that allowed under the regulations.
The forms used in determining the amateur-built status of the aircraft
need to be updated to more accurately reflect who actually performed the
fabrication and assembly of the aircraft.
The aircraft kit evaluation process is not standardized. The public,
industry, the FAA, and individuals within those groups, have different
opinions about what level of fabrication and assembly constitutes 'major
portion.' In other words, it is not clear how to determine if the amateur
builder fabricates and assembles the major portion of aircraft solely for
their own education or recreation.
Aviation Safety Inspectors and Designated Airworthiness Representatives
may need additional training to fully understand the FAA's expectations
when determining an aircraft's eligibility for an amateur-built certificate.
The industry and FAA members of the ARC could not come to an agreement on
how to define 'major portion' when evaluating aircraft kits, either in kit
form at the manufacturers or when an aircraft is fully assembled.

The FAA will develop the final method of calculating major portion. This
method will be made available for review and comment prior to publication.
The FAA will consider petitions for rulemaking by ARC members or any other
interested party or person.

For more information on this important issue, click on the Amateur-Built
Aircraft menu in the left side of the EAA website's Government Advocacy
section.

--------
Andy Shontz
CH601XL - Corvair


Terry Phillips
ttp44~at~rkymtn.net
Corvallis MT
601XL/Jab 3300 s .. l .. o .. o .. w build kit - Tail, flaps, & ailerons
are done; working on the wings
http://www.mykitlog.com/N47TP/


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_________________
Terry Phillips
Corvallis, MT
ttp44<at>rkymtn.net
Zenith 601XL/Jab 3300 slow build kit - Tail feathers done; working on the wings.
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