Spoken like a "tue believer".  All I can tell you is that in my professional 
aviation career, I've seen a lot more reciprocity from cooperating with the FAA 
than from obstructing them.  This isn't the military, you aren't my union 
leadership or my cheif pilot.  In the end, I will do what I think is best to 
keep my airplane airworthy ans keep its certificate.

I have a phone call in to Jason at Univair.  He has pictures of my spar cap. 
We'll see what they have to say.

Enjoy life on the Titanic, Captain Smith...

Dave

--- In [email protected], William R. Bayne <ercog...@...> wrote:
>
> 
> Hi Dave,
> 
> Comments interspersed below.
> 
> ÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅ
> 
> On Sep 21, 2009, at 10:05, bigbrownpi...@... wrote:
> 
> > Bill,
> >
> > That's all well and good.  But my experience with waiching how the FAA 
> > does business with the airline industry since 1993 leads me to these 
> > conclusions--
> >
> > 1.  The FAA is going to do what they are going to do.
> 
> I agree; but we, the people have the right to demand, and demand 
> strongly, that the FAA follow their own procedures for issuance of an 
> AD.
> 
> > Yes, there is an agenda here and we aren't privvy to all the details.
> 
> You have expressed your opinion, so this is mine:  The details are not 
> important.  The FAA and it's "culture" today want private aviation out 
> of their hair.  We are the individuals with intelligence that threaten 
> their unilateral and dictatorial exercise of authority.  Once we are 
> out of "their" skies they will have undisputed and unlimited authority 
> over any and all commercial use of the airways (in the name os "we, the 
> people, of course).  Not one of them will ever stand in the 
> unemployment line.
> 
> > Express your outrage if you wish, but don't expect it to accomplish 
> > anything constructive.
> 
> There is a difference in mindlessly raging and holding an agency 
> properly accountable, to such extent as that is possible.  There will 
> come a time when the FAA is essentially unaccountable, but that time is 
> not yet here.
> 
> > Better yet, express your outrage to your congressman or senator, or 
> > directly to the Administrator,
> 
> I agree we should make these people part of our efforts.
> 
> > because you are wasting your ink to include that in any response to 
> > the ACS.
> 
> It is my ink to "waste".  If we owner/pilots do not insist strongly 
> that the FAA comply with their own procedures, which at least pay lip 
> service to being accountable to those they serve, they will act 
> ever-more unaccountable at an ever increasing pace.  We have legitimate 
> means at hand to slow it the progression of unreasonableness and so I 
> believe we need to dig in our heels and fight them where we are with 
> what we have just as hard and effectively as we can.  The meek do not 
> inherit the earth...they inherit the dirt.  I believe something was 
> lost in the translation from one language into another.
> 
> > 2.  Hoping this problem will go away or that the solution will be 
> > simple and easy is like burying your head in the sand.  There will be 
> > an AD forthcoming.
> 
> While there will always be another AD forthcoming, we have an 
> obligation to assure that those adopted address a genuine fleet problem 
> and not merely serve to validate an open-ended FAA means with which to 
> ground an ever-increasing number of perfectly safe operational 
> airframes.
> >
> > 3.  Not cooperating or withholding information from the FAA is in 
> > nobody's best interest.
> 
> I disagree.  Just as a criminal would be stupid to tell the prosecution 
> anything and everything, we aircraft owners, whom I would argue are 
> treated as criminals by the FAA, do not best serve ourselves by making 
> their achievement of their unknown agenda easier.  The information I 
> shared here and would withhold from them is available to them in their 
> files in many forms and places.  To access it, they have to devote 
> effort.  That is effort not available to them to otherwise bother us.  
> Accordingly, I do not deem my request that this information not be made 
> freely available to assist them in our persecution to be unreasonable.  
> The ultimate decision at this point will be up to each person on this 
> list.
> 
> > The less information the FAA has to work with, the more severe their 
> > "fix" to the problem will be.
> 
> That is precisely the reason for a "comments" period in the AD process. 
>   But before a "fix" to a problem is possible, there must be agreement 
> as to precisely what the problem is.  In this case, the problem is the 
> very arrogance and ignorance of the originator.  It looks at an 
> accident that, at best, is a statistical "fluke" before there is even a 
> final "finding" as to cause.  I have information that I will present 
> that I believe will conclusively show that the cause was NOT holes in 
> the wing spar, whether authorized or unauthorized.  To such extent as 
> the collective efforts of Ercoupe owners are effective, this particular 
> threat to the Ercoupe fleet should die a natural and well deserved 
> death.
> 
> > I think we should provide them with as much information as possible to 
> > help them make the best decision.
> 
> I absolutely disagree.
> 
> > That does not guarantee that we will be able to live with the 
> > solution, but I guarantee it will be worse if they make a decision in 
> > a vacuum.
> 
> No. if we give them the weapon and bullets to achieve their goal(s), 
> their own authority and influence unused will then be employed to our 
> further disadvantage.  That's what they DO, day in and day out; and we 
> pay them while meekly allowing them to do it.
> >
> > 4.  Cooperation is probably the best way to get information from the 
> > FAA regarding exactly what they are looking for.
> 
> Again, I disagree.
> 
> Even the FAA has an obligation on some level to appear reasonable.  
> What they have presented is mere speculation inadequate to support a 
> logical hypothesis.  It is in no way sufficient to justify a new AD.  
> If we allow them to slip their proposed and unwarranted intrusion into 
> things so common in the field as could ground operational Ercoupes in a 
> heartbeat without proper and meaningful substantiation or appeal, we, 
> and only we, are to blame,
> 
> > My airplane has holes drilled in the main spar cap to mount the seat 
> > pan.  The seat pan is of original design but it's obviously a 
> > replacement with no documentation in the FAA 337 file.  The previous 
> > owner found broken screws and stripped threads and enlarged some of 
> > these holes to drill out the broken screws and re-tapped them from #6 
> > to #10.  The A&P who did the annual and another AI who did the pre-buy 
> > were both aware of this and signed it off-- neither considered it an 
> > issue.  Without knowing the specifics, it's hard to know if my 
> > airplane will be one of the ones affected, but I'm assuming it will.
> 
> Good assumption.  Holes drilled and threaded are much more likely to 
> serve as a point of origin for stress failure than even larger clean 
> holes for through fasteners.
> 
> > I'm hoping to get more information soon through the EOC that will help 
> > me determine if I need to be concerned or not.  If I don't get some 
> > more information withing the next four to six weeks, I will be 
> > contacting the FAA and to explain what I've found and sending 
> > pictures.
> 
> I have been a member of EOC since the early eighties.  Having completed 
> terms as EOC Regional Director, Vice President and President, what I 
> "bring to the table" is at least worthy of unbiased consideration.   If 
> there were ever a time for Ercoupe owners to speak with a common theme 
> and voice, this is it.  Information I provide will likely be in the EOC 
> "official response(s) and that of Univair.
> 
> For you to unilaterally step forward out of our ranks and provide the 
> FAA with such pictures may give them precisely the information they 
> need to implement this nonsense.
> 
> I would instead suggest that  you have your mechanic enlarge these 
> holes (not to exceed 11/65" (.171) in diameter and install through 
> fasteners, otherwise your spar will likely be found unsafe.  You may 
> have the money to buy another Ercoupe and the time to part out your 
> present one, but any of us don't.  Their flying days could quickly end 
> if AD 2003-21-01 is amended and implemented as presently proposed.  You 
> seem to expect this to happen and accept that as fact.  I don't and 
> won't.
> >
> > Getting into a pissing match over this will only hurt us in the 
> > long-run.
> 
> This unilateral characterization of the give and take of legitimate 
> discussion implicit to a (hopefully) coordinated effort on the part of 
> Ercoupe owners is both offensive and inappropriate.  It cannot refer to 
> exchanges with the FAA, because they do not communicate with the 
> necessary frequency to sustain such an exchange.
> 
> > The airlines have the money, lobbying power, and legal resources to do 
> > damage control when the FAA puts a heavy burden on them to comply.  We 
> > don't, and I doubt I doubt Univair does.  We're little fish to the 
> > Feds.
> 
> I agree.
> 
> > Ultimately it will be their engineering department that makes the call 
> > based on data supplied from the field, and all the "what iffing" and 
> > armchair analysis from a bunch of owners is just wasted energy.
> >
> > JMO, YMMV,
> > Dave
> 
> ÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅÅ
> 
> I am reminded of the expression "Lead, follow, or get out of the way.  
> You insinuate dogmatic opinions into an important discussion that needs 
> to take place.  You argue, in essence, that "resistance is futile" and 
> collaboration with our oppressor is the only sane choice.   I do not 
> choose to be their slave of my own free will.
> 
> While our energy may well appear "wasted" in hindsight, any ultimate 
> defeat will be honorable and acceptable only to such extent as we 
> honestly and fanatically resisted such outcome to the total exhaustion 
> of available resources.   This is not Singapore.  It is the Battle of 
> Britain.  We are the few.  We must be David to the FAA Goliath.
> 
> Sincerely,
> 
> William R. Bayne
> .____|-(o)-|____.
> (Copyright 2009)
> 
> --
>


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