REFLECTOR: 51% rule changes

[Jim Agnew]

Hi Andy,following is what I submitted for information

Reference: Proposed Policy changes regarding Certification of Amateur‐Built Aircraft.
 
Dear Mr. Vasconcelos;
 
I am a private pilot and have held a SEL license for over 20 years, my Wife is also a private pilot for 19+ years; my background includes marine engineering and computer systems.  Over a period of 6 years I built a Velocity 173 fixed gear aircraft as a retirement project and spent 2 more years testing, tuning and adding additional comfort, safety & instrumentation
 
My primary concern is that the complexities of this new policy will place significant new burdens on amateur aircraft builders who are following the regulations today while not knowing the effects these significant policy changes will have on their work in the future. Plus, I don’t see how the proposed changes will address commercial building issues that caused the 51% policy to be revised. The following are my specific comments:
 
Enforce the existing regulation (FAR 21.191(g) and the FAA policies (FAA Order 8130.2). By doing this you will not be placing additional burdens on builders like me who are complying with the spirit and intent of the rules, or requirements. I would not know where the percent of fabrication and assembly start and end.  My experience would say the fuselage fabrication and assembly are only about 1/3 of the total task. Instrumentation, engine, wiring, plumbing, finishing ETC. are about 1/3.  The other 1/3 doesn’t get counted by the new percentages yet is essential to the construction process.  Where in fabrication and assembly do I put research, education, record keeping, invention of specialized tools, building jigs, templates choosing instrumentation, engine, propeller, avionics, lighting, paint, and the endless task of finding specialized items needed for completion? Obviously this is all part of the aircraft and is mostly all factory built items so
 in theory they subtract from the 51% rule.  I’m sure not going to make my own wire or radios! 
 
I appreciate the opportunity to submit comments on this proposed policy change.  Thank you for your time and consideration.
 
 James F. Agnew
Jim_Agnew_2 at Yahoo.Com
Tampa, FL
Velocity 173 Elite Aircraft Completed & Flying 



----- Original Message ----
From: Andy Millin <amillin at sbcglobal.net>
To: Velocity Aircraft Owners and Builders list <reflector at tvbf.org>
Sent: Thursday, September 11, 2008 3:52:17 PM
Subject: REFLECTOR: 51% rule changes


Hello Collective,
 
I have not been too concerned about the proposed changes to the 51% rule.  That being said, I couldn’t quite forget about it either.
 
I’m not sure what made them want to change the rules now.  I guess it doesn’t really matter, because they are.
 
I have spoken with Scott Baker.  The man knows his stuff.  He spent a good deal of his time working things through with me.  Thanks Scott.
 
I have spoken with Earl Lawrence from EAA.  Earl must been seen as the ultimate knowledge source on the subject.
 
I had heard that our kits were grandfathered and therefore not at issue.  The answers turns out to be yes and no.
 
If you took delivery of your kit from Velocity, and you built it without commercial assistance, then you can essentially fill out the FAA equivalent of a 1040EZ, go directly to the hangar, pass go and collect your airworthiness certificate.
 
If you check the commercial assistance box, then you are subject to the long form.  The long form has 187 questions of home building goodness.  Including things like did you make your propeller or weld your exhaust.  I would not want to cause undue alarm as I believe we are still ok.
 
My heartburn comes just thinking that an examiner could have a chip on their should and the rules on the page to declare my baby “yard art.”  There are gray areas.  Things that are not comfortable leaving to an unknown person’s discretion or whim.
 
I have submitted my response to the FAA.  I attached a copy to this email if anyone want to take a look.  We have until 9/20/2008 to do so.
 
This is one that could touch you personally.
 
FYI,
 
Andy
 
=====================================
 
Andy Millin
amillin at sbcglobal.net
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