MAY 2008: AROUND THE STATE
New FAA policy could threaten kit plane makers
STATEWIDE A
potential change in federal certification requirements has
pitted Oregon’s kit airplane manufacturing industry and
Sen. Ron Wyden against the Federal Aviation Administration. At
issue is the so-called “51% rule.” It dictates that
to be eligible for the FAA certification that allows the owner
to do their own maintenance and repairs, the owner must also do
at least 51% of the manufacturing and assembly.
Because of concerns that manufacturers were doing more than 49%
of the work, the FAA has announced it’s reconsidering how
that percentage is determined. The kit aircraft industry
— some of its biggest companies are located in Oregon
— cried foul. They argued that advances in technology and
consumer demand for easy-to-build planes require manufacturers
to be highly involved in building the planes. Requiring
customers to perform highly technical manufacturing would drive
away most of their business.
“You can’t expect a lawyer from Hillsboro to be
involved in the creation of carbon fiber wings or the parts for
a prop engine. We’re not happy with the FAA,” says
Tom Towslee, a spokesperson with Wyden’s office.
Specific changes are still unknown, says Les Dorr, spokesperson
for the FAA.
“The bottom line is that the previous criteria are
outdated,” he says. “We needed to do something to
ensure safety for new designs.”
No one is going out of business quite yet. Companies can still
manufacture and sell kits that have been previously evaluated
by the FAA. Dick VanGrusven, CEO of Van’s Aircraft in
Aurora, is guardedly optimistic about the industry’s
future. He thinks most companies haven’t pushed the 51%
rule too hard.
Dorr says a decision from the FAA is unlikely until late this
year.
ABRAHAM HYATT
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