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Final policy on 51% Rule imminent

By Janice Wood · August 25, 2009 ·

Members of the FAA’s Aviation Rulemaking Committee (ARC) on amateur-building have signed their final report for publishing in the Federal Register. The report includes recommendations for the FAA as it  prepares to issue its final policy revisions regarding interpretation and enforcement of the amateur-built experimental aircraft rules, known as the 51% Rule.

A post at EAA.org quotes Earl Lawrence, EAA vice president of regulatory affairs and co-chair of the ARC, as saying the report incorporates all of the major principles for which the EAA amateur-building community has fought for in the past 18 months. Because final policy declarations from the FAA typically mirror ARC recommendations, Lawrence said he is hopeful for a favorable outcome. EAA expects the FAA to publish the ARC report, the revised policies and Advisory Circulars this month.

The post notes:

“Having reviewed and signed the ARC report, Lawrence indicated that it recommends leaving intact an amateur builder’s freedom to build any kind of aircraft — any type, size, and complexity — so long as he or she complies with the 51% provision. It also advocates preserving the amateur builder’s option to enlist professional (paid) assistance, so long as the amateur’s personal contribution meets the 51% requirement.

The ARC report also calls for “grandfathering” — not reevaluating — amateur-built aircraft kits already on the FAA’s Approved Kits List, and having an FAA-appointed team examine only new or unevaluated kits for compliance.”

About Janice Wood

Janice Wood is editor of General Aviation News.

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