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     1. 02:54 AM - Re: Re: Final Report on the Markermeer accident has been published (Bryan Martin)
 
 
 
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| Subject:  | Re: Final Report on the Markermeer accident has     been | 
      published
      
      
      That rule from FAR 91.7 also specifically states that the pilot must determine
      if the aircraft is airworthy. For a standard category or S-LSA, the type certificate
      or ASTM specification is the primary determinant of airworthiness, not
      so for an E-AB. All E-AB aircraft are considered one of a kind and unique. My
      background as an engineer and my thorough phase 1 testing have convinced me that
      my airplane is airworthy if flown within the envelope I determined during that
      testing. The FAA is in CYA mode in regards to the XL.
      
      
      On Apr 18, 2011, at 10:13 PM, Paul Mulwitz wrote:
      
      > 
      > Hi Bryan,
      > 
      > Under any other circumstances I would agree with you.  This is a funny situation
      since the Zodiac XL exists both as an E-AB and "Store bought" S-LSA.  My guess
      is the FAA felt they couldn't say the S-LSA planes should be grounded and
      ignore the identical E-AB owners' safety.
      > 
      > I don't know any other way to interpret the inclusion of the full text of FAR
      91.7 in the same paragraph with the strong suggestion that everyone install the
      AMD upgrade and a heading saying it applied to E-AB and E-LSA planes.  I took
      it as a direct threat to anyone flying a plane determined to be not airworthy.
      > 
      > I realize that Wes's position in the FAA is not in the enforcement area (Standards/FSDO)
      but I am quite sure a phone call from him to the head of the Standards
      division would get any pilot grounded in a heartbeat.  I understand Wes is
      responsible for all light plane (non-transport plane) certifications.  The FAA
      engineers who do part 23 certification reviews all work for him along with
      a bunch of other people.  It is those same engineers who reviewed the XL design
      and pronounced it lacking before the upgrade and meeting the required ASTM standard
      after installation of the upgrade.
      > 
      > Paul
      
      
      -- 
      Bryan Martin
      N61BM, CH 601 XL,
      RAM Subaru, Stratus re-drive.
      do not archive.
      
      
 
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