Gents:

FAA Director of Certification John Hickey is now on record that the FAA wants go get back to the original intent of the Experimental / Amateur-Built intent (from 1952, 56 years ago), and that the new policy will mean much tighter enforcement of the 51% rule.

He says its not a done deal and invites comments.  The comment period has been extended to 30 Sep 08.

I’m trying to get smarter on the docs to intelligently let my voice be heard and I invite you to do the same.  You can start at www.faa.gov for the proposed 51% ruling for experimental aircraft.

From what I’ve seen so far, the FAA’s new proposal is an unworkable mess.

I’m not sure why the FAA feels like they have to go back to the original intent of the 1952 ruling, as if the EAA ruling was the Constitution of the United States?  I will recommend that they take into account some of the things we’ve learned about aircraft manufacturing and aircraft safety in the last 56 years.  I will argue that aircraft  can be home built and SAFE, and that safety won’t be achieved by their silly recommendations.

Silly.

For example, the proposed ruling, as you know, says we have to “assemble” at least 20% of the kit, and “fabricate” at least 20% of the kit.  If “you assemble your aircraft from a kit composed of completely finished prefabricated components, parts, or precut or predrilled materials, and using these materials means you did not fabricate the major portion of the aircraft, “ then that plane is not eligible for experimental certification.

The FAA defines “Fabrication” as “to construct a structure or component from raw stock or materials.”  

They don’t define “raw stock or materials” but they do say, “the raw materials may include lengths of wood, tubing, extrusions, or similar items that may have been cut to an approximate length.  We will also accept some prefabricated parts such as heat-treated ribs, bulkheads, or complex parts made from sheet metal, fiberglass, or polystyrene, and precut/predrilled material, provided you fabricate and assemble the major portion of the aircraft as required by 21.191(g), Experimental certificates.”

So, if I’m reading this correctly, you can’t use prefabricated components or precut or predrilled materials, yet you can use prefabricated parts such as heat-treated ribs, bulkheads, or complex parts made from sheet metal, fiberglass, and precut/predrilled material.....”

Imagine trying to a) obey and b) enforce such ill-defined, random gobbledygook.  

In my humble opinion, an Old Testament Leviticus style definition and enforcement of the Holy 51% rule is not going to make an airplane safe, only keep us out wandering around the desert a few more years.

So to preserve what we are doing here in building fun fast cool experimentals, please get smart on this over the next month or so, and fill out the forms the FAA provides to critique their proposals.

Thanks,

John Hafen
IVP 413AJ