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Re: 51%

Subject: Re: 51%
From: Fred Fillinger <fillinger@ameritech.net>
Date: Tue, 24 Dec 2002 15:12:40
> Hello again,
> 
> I had a successful meeting  yesterday  with the person who will be doing my
> airworthiness certificate on my long wing airplane. I looks like I will be
> legal to fly in about 2 weeks -- quicker had it not been for the holidays. It
> looks like it will be a cake walk except for one thing. He questioned the 51%
> rule and indicated I will need to prove it to him -- through a letter or some
> such thing. Has anyone had a problem with this? The short wing airplane
> obviously meets the 51% requirement and I am sure the long wing one does too,
> but I am the lead aircraft here.
> 
> Any comments?
> Dave
> A227
> Mini U2

Yes...Bovine Scatology!  FAA AC 20-139 says:

"When a kit has been been evaluated and published in the listing of
eligible amateur-built kits, and no commercial assistance was used...,
the ASI or DAR will not be required to make another major portion rule
determination...."  [note - paid assistance for upholstery & avionics
doesn't count against you, but you doing so can count for you].

If Europa did not obtain a new 51% determination for the MG [not on
FAA 11/02 listing], appears they need not have:

"If the kit manufacturer later offers an option or makes changes to
the kit that decreases the amount of fabrication and assembly required
by the builder, the manufacturer should request a new Letter of
Eligibility."

If this is the [silly] problem, then one way is copies of the
differing manual chapters (wings, flap?) and yellow-highlight only
where in substance (not word-for-word) that fabrication and assembly
steps vary.  Will there be very little yellow, and even bit more on
the MG?  Or even sounds like just a letter from Europa narratively
saying the same simple thing may be OK, though it really shouldn't (30
yrs of Fed. investigatory and legal experience, and I can explain
why).  Good luck!

Happy, Holidays!
Fred F.


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