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ashontz
Joined: 27 Dec 2006
Posts: 723
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 Posted: Sat Feb 16, 2008 6:07 am Post subject: FAA PLACES MORATORIUM ON NEW ADDITIONS TO 51 PERCENT ... |
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Dag, you mean people might actually have to go back to building their homebuilt?
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.
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john.marzulli(at)gmail.co
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| Posted: Sat Feb 16, 2008 10:31 am Post subject: FAA PLACES MORATORIUM ON NEW ADDITIONS TO 51 PERCENT ... |
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All this does is prevent manufacturers of kits from adding their kits to the PRE-APPROVED list of aircraft kits shown to comply with the 51% rule.
This most likely will not prevent anyone from certifying their aircraft, it just implies any builder in the certification process the builder and DAR will have to use FAA form 8000-38.
If you are afraid that your kit may not meet the 51% rule, then just work through the 8000-38 your self. You may find that there are steps left that you can do in favor of the factory provided pieces, document that work and then you should not have any problems.
Good luck!
DO NOT ARCHIVE
On Feb 16, 2008 9:43 AM, Terry Phillips <ttp44(at)rkymtn.net (ttp44(at)rkymtn.net)> wrote:
[quote] --> Zenith-List message posted by: Terry Phillips <ttp44(at)rkymtn.net (ttp44(at)rkymtn.net)>
Juan
I guess that I don't understand your comment.
I didn't see anything in the EAA article or FAA list that related to the
complexity or performance of the airplane. A Rans S-7 quick-build doesn't
sound like a complex, high performance aircraft to me. It looks to me that
the only thing addressed is whether or not the home builder has done 51% of
the actual building. And whether or not the FAA wants to stay in the
business of listing particular kits on a document that says a builder can
be assured that his project will be approved, providing that he or she does
the work.
Juan, assuming that you have completed a ZAC quidk-build, I would ask,
again, did you experience any difficulty registering your quick-build
with the FAA? If you did not build a quick-build, then I congratulate you
on completing a slow build. I wish mine was done!
Terry
At 11:55 AM 2/16/2008 -0500, you wrote:
| Quote: | You guys are missing the boat, the FAA notice is for aircraft that are
>applying for the review, and most are complex engine, high performace
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| Quote: | aircraft and most are complex Fber glass and composite builds. ZAC
aircraft are not in the same league of what the FAA is notifying, it is
>dispositive to Zenith
|
[quote]
Juan
--
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ashontz
Joined: 27 Dec 2006
Posts: 723
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| Posted: Sat Feb 16, 2008 10:55 am Post subject: Re: FAA PLACES MORATORIUM ON NEW ADDITIONS TO 51 PERCENT ... |
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I'm working from plans. You missed my point, my point was "Dag, homebuilders will actually have to build their homebuilts" as in a 97.5% complete kit is not a 51% kit, in fact, it's an airplane that's been completed at the factory and you reassemble the major parts. If I'm not mistaken, way back, the whole conceot behing homebuilding was to actually learn how to build and airplane. Bolting some premade large assemblies together is not building an airplane.
[quote="john.marzulli(at)gmail.co"]All this does is prevent manufacturers of kits from adding their kits to the PRE-APPROVED list of aircraft kits shown to comply with the 51% rule.
This most likely will not prevent anyone from certifying their aircraft, it just implies any builder in the certification process the builder and DAR will have to use FAA form 8000-38.
If you are afraid that your kit may not meet the 51% rule, then just work through the 8000-38 your self. You may find that there are steps left that you can do in favor of the factory provided pieces, document that work and then you should not have any problems.
Good luck!
DO NOT ARCHIVE
On Feb 16, 2008 9:43 AM, Terry Phillips <ttp44> wrote:
[quote] --> Zenith-List message posted by: Terry Phillips <ttp44>
Juan
I guess that I don't understand your comment.
I didn't see anything in the EAA article or FAA list that related to the
complexity or performance of the airplane. A Rans S-7 quick-build doesn't
sound like a complex, high performance aircraft to me. It looks to me that
the only thing addressed is whether or not the home builder has done 51% of
the actual building. And whether or not the FAA wants to stay in the
business of listing particular kits on a document that says a builder can
be assured that his project will be approved, providing that he or she does
the work.
Juan, assuming that you have completed a ZAC quidk-build, I would ask,
again, did you experience any difficulty registering your quick-build
with the FAA? If you did not build a quick-build, then I congratulate you
on completing a slow build. I wish mine was done!
Terry
At 11:55 AM 2/16/2008 -0500, you wrote:
| Quote: | You guys are missing the boat, the FAA notice is for aircraft that are
>applying for the review, and most are complex engine, high performace
|
| Quote: | aircraft and most are complex Fber glass and composite builds. ZAC
aircraft are not in the same league of what the FAA is notifying, it is
>dispositive to Zenith
|
| | - The Matronics Zenith-List Email Forum - | | | Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:
http://www.matronics.com/Navigator?Zenith-List |
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