Rick mentioned in an earlier e-mail that Dr. Caldwell had a filled out
8000-38 at his inspection. I'm assuming he had enough checkmarks to
justify his 51% and my guess is he had some significant documentation to support
the checkmarks. Granted, those are assumptions, but with the money at
risk, my guess is he had his ducks in a row.
Rick's e-mail said:
The MIDO defined "major portion" as time not task and said to Carl and I
that the 8000-38 form is simplistic and they were not going to use
task.
The FAA never required a kit to be approved and made the provision
to use 8000-38 as a way to make the determination on non-approved kits. So
it looks like Dr. Caldwell followed procedure and the FAA is changing the way it
evaluates "major portion" without any due process or notice.
Having your kit on the approved list is safer, no doubt. But
Dr. Caldwell should have been treated according to the FAA rules and procedures,
not singled out because he has a different airplane than the next guy.
Rick, can you clarify how you and Dr. Caldwell documented the
building? Did you keep a running 8000-38?
Mike