

[Federal Register: February 15, 2008 (Volume 73, Number 32)]
[Notices]               
[Page 8926-8927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe08-129]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Notice of Temporary Suspension of Amateur-Built Aircraft Kit 
Evaluations Previously Conducted by the Federal Aviation 
Administration, Aircraft Certification Service

AGENCY: Federal Aviation Administration, DOT.

SUMMARY: This notice announces the temporary suspension of courtesy 
amateur-built aircraft kit evaluations that have been provided by the 
FAA. The purpose of these evaluations was to indicate if a 
prefabricated amateur-built aircraft kit could be eligible for 
certification as an amateur-built aircraft. Although kit evaluations 
have been suspended, amateur-built kit manufacturers may continue to 
develop, manufacture, market and sell their aircraft kits. 
Airworthiness certifications conducted by the FAA in response to 
requests from amateur-builders for their individually fabricated and 
constructed aircraft will continue.

FOR FURTHER INFORMATION CONTACT: Frank P. Paskiewicz, Manager, 
Production and Airworthiness Division, Aircraft Certification Service, 
AIR-200, Federal Aviation Administration, 800 Independence Ave., SW., 
Washington, DC 20591; telephone number (202) 267-8361.

SUPPLEMENTARY INFORMATION: 

Background

    Title 14 of the Code of Federal Regulations, Part 21, Certification 
Procedures for Products and Parts, Sec.  21.191 (Experimental 
Certificates) form the regulatory basis for fabricating, assembling, 
and operating amateur-built aircraft. Specifically, Sec.  21.191(g) 
defines an amateur-built aircraft as ``an aircraft the major portion of 
which has been fabricated and assembled by persons who undertook the 
construction project solely for their own education or recreation.''
    The Federal Aviation Administration (FAA) Aircraft Certification 
Service established an Amateur-Built Aviation Rulemaking Committee 
(ARC) on July 26, 2006.\1\ The ARC was made up of representatives from 
the FAA, aircraft kit manufacturers, commercial assistance center 
owners, and associations. The purpose of the ARC was to make 
recommendations regarding the use of builder or commercial assistance 
when fabricating and assembling amateur-built aircraft under Sec.  
21.191(g).
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    \1\ FAA Order 1110.143, dated July 26, 2006, established the 
Amateur-Built Aviation Rulemaking Committee.
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    The ARC concluded that the current FAA Directives and Advisory 
Circulars are no longer adequate. Current technologies that allow for 
the fabrication and assembly of sophisticated amateur-built aircraft 
were not envisioned at the time Sec.  21.191(g) was promulgated or when 
the current forms and methodology were developed. Most amateur-built 
aircraft kits were generally simple to fabricate and assemble and did 
not require commercial builder assistance.
    FAA has provided the aforementioned amateur-built kit evaluations 
in response to manufacturer's requests to determine if the percentage 
of the kit completed by the manufacturer would leave the major portion 
(51%) of the work to be completed by the amateur-builder. These 
evaluations are not a regulatory requirement. Rather, these evaluations 
have been a courtesy that FAA has provided for the convenience of the 
kit manufacturers, their customers, and FAA Inspectors. These 
evaluations have allowed the FAA to pre-evaluate amateur-built kits to 
determine (when built according to the manufacturer's instructions) if 
the kits could be eligible for an Experimental Airworthiness 
Certificate under 14 CFR Part 21 Sec.  21.191, Experimental 
Certificates. When a kit has been found to be eligible, it is added to 
the FAA's

[[Page 8927]]

kit listing, which is available via the internet to prospective buyers. 
These kit evaluations inform prospective applicants that they could be 
eligible for an experimental amateur-built airworthiness certificate if 
they completed their aircraft in compliance with the FAA-evaluated 
assembly and instruction manuals and fabricated and constructed the 
aircraft in compliance with 14 CFR part 21, Sec.  21.191(g).
    The method of determining what constitutes the major portion of 
construction has undergone several changes since the rule was first 
codified. When FAA staff developed the commonly used form 8000-38, 
``Fabrication and Assembly Operation Checklist'', to calculate major 
portion, the intent was that a single check mark in a column on the 
form would identify who did the task. Some manufacturers and FAA 
representatives calculate major portion by using a ``task-based'' 
accounting mechanism that incorporates a ``dual-check'' system whereby 
an amateur-builder may be given shared credit even if that person does 
not complete 50% of the task. When this is used in practice, the kit 
manufacturer and amateur-builder share credit on the Form 8000-38. It 
was not envisioned that credit for a task would be offered to an 
amateur-builder simply assisting in the fabrication and assembly, as is 
happening today in some cases.
    The FAA will resume amateur-built kit evaluations after issuing 
final policy changes. Prior to publishing the final policy, FAA will 
solicit comments on draft policy, internal orders and advisory 
circulars through a notice in the Federal Register.

    Dated: February 11, 2008.
Frank Paskiewicz,
Manager, Production and Airworthiness Division.
[FR Doc. 08-704 Filed 2-14-08; 8:45 am]

BILLING CODE 4910-13-M
