alan@kestrel-insurance wrote:
> ...I am hoping to keep it in the U.S. permanently, I am happy to move it to
> the
N register if that helps as we will be living at Spruce Creek airpark in Florida
for the winters.
Alan --
The oral opinion Paul obtained seems to me to clearly support what FAR Part 21
literally says, but I recommend you get it in writing. However, a written one
---From even a local office manager is not binding upon the agency. Our
administrative
law on this rule is said to date back to your rather old principle in
the UK where The King can do wrong. Called "due deference" in our Courts.
Deregister
in UK and thence fail with a local FAA guy is called legal limbo.
Write to FAA in Washington and ask for a Chief Counsel Opinion, not a Legal
Interpretation. If they back it down to an interp, their privilege. See
www.faa.gov. State exactly what the situation is and what you propose -- N#
registration, and following an FAA inspection and approval, certification as
amateur-built. Say shes on FAAs presumptive list of 51% kits. Describe your
rules and how the PFA is really anal about the dinkiest of mods, so no
unapproved ones done. Point out that its a motorglider, as a special rule for
them. State that one FAA office has advised that you would have to
disassemble/reassemble, but that does not meet the 51% rule in the slightest.
It makes absolutely no sense to compromise safety in such a bizarre manner -- a
perfectly good airplane now under PFA analness. Cite Pauls offering of contrary
advice found, so they know to please cogitate over the question.
There is a possibility they might issue an opinion that wont work. I worked 30
years for a federal agency, both civil and criminal enforcement, but we didnt
behave quite the way FAA does. On the FAA web site is a database of FAA legal
opinions. The vast majority appear very sound, but a few Ive read are
sophomoric
in analysis or insulting in tone. It suggests a loosely-structured shop of
lawyers who really need the job in high-cost Washington. Unlike many other
federal agencies, theres no future, high six-figure career path for a lawyer in
that field.
Briefly in the 70s, I managed the shop which cranked out opinions under
President
Nixons wage/price controls. We called them interpretations, not rulings, as
no procedural regulation gave then that status. Unlike FAAs, ours were
appealable,
but the hoot was I was the appeals officer. Hence, my subordinates signed
them, like FAAs interps. Around an $8 trillion (in todays dollars) economy
in part managed by fakery. Nobody wanted the job; I applied for the perceived,
pure fun of it. It was.
If you wish further help in writing to our FAA, just lemme know via private
email.
I was a federal bureaucrat once, and how enquirers get treated is what they
say. Very little British idiom in your posts, BTW. We can easily work on
that! Important also in context here, among other matters.
Fred F.
Read this topic online here:
http://forums.matronics.com/viewtopic.php?p=72204#72204
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