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51% Experimental Amateur Built Kits Traditionally referred to as experimental, or Amateur built or 51% kits - these are all different terms for the same thing. Early in 2008 the FAA announced they were developing new regulations regarding aircraft kits. In the past the FAA often turned a blind eye to commercial builders who illegally built kits for others. They also were lax in policing build centers where the customer would show up and build his aircraft under the supervision of factory experts in a very short period of time. And they left much up to the discretion of DAR's who are non FAA employees authorized to certify 51% kits. They have made it clear that they intend to clamp down on all three of these areas. In July of 2008 the FAA issued a draft of the new regulations. The draft will undergo public comment and then a new law will emerge probably in 2009. The draft requires at least 20% of the finished aircraft to be fabricated by the builder, 20% must be assembled and the remaining 11% can be either fabrication or assembly. Most kits on the market received letters of acceptance from the FAA under the old rules and these kits will be grandfathered in and approved as meeting the 51%. The Xenon DOES NOT have a letter of approval so it will not be grandfathered in, and it may not meet the new 51% rule. Compounding the issue is that the rules are mainly written for fixed wings. They allocate so many percent to building a wing, fuselage etc. They intend this to be done with wing ribs, bending and riveting metal, or cutting and sewing cloth etc. The wing and all the flying control surfaces which would be individually fabricated on a fixed wing are just one rotorblade on a gyro and that is supplied by the kit so it is 0% fabrication for a Xenon. Same with the fuselage which they expect you to make, rivet, etc.- in the Xenon it is one piece you get from the factory. The design of the Xenon is such that the composite cabin eliminates much of the fabrication. When you consider the cabin, rotors, rotorhead, mast, engine mount, engine, propeller, panel, wheels, brakes, etc are all going to be pre-made components there may not be enough left to equal 20% fabrication and bolting together the above components does not qualify by itself-- there must be 20% fabrication done by the builder. If someone were to build a kit at this point it is entirely possible that they could go to get it inspected and it would not meet the 51% rule and in that case it could NEVER be certified. Since the FAA is developing new regulations at this moment and the since neither the FAA FSDO/MIDO offices nor the DAR's know what the new criteria will be they cannot assure you a kit will qualify. A failed kit becomes a $ 100,000 lawn ornament- not a position we want to see anyone in. For this reason Future Flight LLC who has been the US importer for Xenon advises buyers to wait until new regulations are issued by the FAA and the Xenon has a letter of approval. The Xenon manufacturer in Poland feels the Xenon will meet the 51% rule and the manufacturer may be making kits available to US buyers. Future Flight LLC who imported the 10 factory built machines brought into the US prior to the rule change is not involved in any way in this endeavor and does not recommend this. Future Flight LLC specifically denies any liability to anyone who builds a kit. If and when the Xenon does get a letter of approval from the FAA the letter will be available for all to see and the Xenon will be on the FAA supplied approved list- at that point it will be safe to purchase and register. The Xenon remains a fantastic aircraft and we look forward to seeing a large US fleet when the FAA gives us the green light.
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