
[Federal Register: July 15, 2008 (Volume 73, Number 136)]
[Notices]               
[Page 40652-40654]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy08-115]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Notification of Policy Revisions, and Requests for Comments on 
the Percentage of Fabrication and Assembly that Must Be Completed by an 
Amateur Builder to Obtain an Experimental Airworthiness Certificate for 
an Amateur-Built Aircraft

AGENCY: Federal Aviation Administration (FAA), DOT.
SUMMARY: This notice announces revisions to (1) Chapter 4, Special 
Airworthiness Certification, Section 9 of the FAA Order 8130.2F, 
Airworthiness Certification of Aircraft and Related Products, (2) 
Advisory Circular (AC) 20-27G, Certification and Operation of Amateur-
Built Aircraft (AC 20-27G is the result of combining AC 20-27F and AC 
20-139, Commercial Assistance During Construction of Amateur-Built 
Aircraft), and (3), requests comments on the percentage of fabrication 
and assembly that must be completed by an amateur builder to obtain an 
experimental airworthiness certificate for an amateur-built aircraft. 
This action is being taken because the FAA has determined that the 
existing Order and ACs do not adequately state the required levels of 
fabrication/assembly or guidance on use of commercial assistance. As a 
result, the existing Order and Advisory Circulars require revision. The 
FAA is seeking comments on these revisions.

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

SUPPLEMENTARY INFORMATION: 

Background

    The FAA established an Amateur-Built Aviation Rulemaking Committee 
(ARC) in July, 2006. The ARC, made up of representatives from the FAA, 
aircraft kit manufacturers, commercial assistance center owners and 
associations, was asked to make recommendations regarding the use of 
builder or commercial assistance when fabricating and assembling 
amateur-built aircraft intended for certification under Title 14 Code 
of Federal Regulations (14 CFR) part 21.191(g). The committee concluded 
that the existing procedures used for evaluation of aircraft kits are 
inadequate, need updating, and are not used in a standardized manner.

[[Page 40653]]

    On February 15, 2008, the FAA published a notice in the Federal 
Register (73 FR 8926), which temporarily suspended amateur-built 
aircraft kit evaluations. The FAA concluded that a temporary suspension 
of kit evaluation was necessary because the existing FAA Order and 
Advisory Circulars used to evaluate these kits has resulted in 
inconsistent determinations regarding regulatory compliance.
    As a result of the ARC findings, the FAA proposes to revise Chapter 
4, Special Airworthiness Certification, Section 9, of FAA Order 8130.2F 
and combine AC 20-27G and AC 20-139 used in amateur-built aircraft kit 
evaluations.
    The FAA believes that new guidance is necessary to ensure that an 
amateur builder completes the necessary amount of fabrication and 
assembly (the major portion) of an aircraft to be in compliance with 
Sec.  21.191(g). A determination of major portion is made by evaluating 
the amount of work accomplished by the amateur builder(s) against the 
total amount of work necessary to complete the aircraft. The major 
portion of the aircraft is defined as more than 50 percent of the 
fabrication and assembly tasks.
    The FAA most recently addressed fabrication and assembly in an FAA 
internal directive, FAA Order 8130.2B, dated October 20, 1987, which 
stated in pertinent part, ``* * * the `major portion' of the aircraft 
is considered to mean more than 50 percent of the fabrication and more 
than 50 percent of the assembly.'' Editorial changes in subsequent 
revisions inadvertently shortened this statement to ``more than 50 
percent of the fabrication and assembly operations.'' This had the 
unintended consequence of not specifying a minimum amount of 
fabrication and assembly as intended by the regulation.
    In the last 25 to 30 years there has been significant deviation 
from this intent as a result of increasing sophistication of designs 
and materials as well as advances in kit manufacturing processes. In 
some cases the FAA has found that, depending upon the aircraft design, 
the amateur builder only fabricates 10 to 20 percent of an aircraft, 
and assembles 80 to 90 percent. The trend by kit manufacturers for more 
assembly and less fabrication results in work for the amateur builder 
that primarily consists of assembly of prepared parts. This is contrary 
to the intent of Sec.  21.191(g).
    To ensure consistency and standardization concerning amateur-built 
kit aircraft evaluations, the FAA proposes to clarify how much 
fabrication and assembly must be performed by the amateur builder. The 
FAA is proposing that an amateur builder fabricate a minimum of 20 
percent of an aircraft and assemble a minimum of 20 percent of the 
aircraft. The FAA also clarifies the role of commercial assistance, 
which includes both the pre-fabrication of parts and direct assistance 
to the builder, as part of the remaining 49 percent (manufacturer and 
commercial assistance). The figure below illustrates this 
clarification.
[GRAPHIC] [TIFF OMITTED] TN15JY08.000


[[Page 40654]]


    A stated level of builder fabrication is necessary for the FAA to 
issue the amateur builder a repairman certificate after showing 
compliance with Sec.  65.104. Among other requirements, that section 
requires the experimental aircraft builder to be the primary builder of 
the aircraft, and to show to the satisfaction of the Administrator that 
the individual has the requisite skill to determine whether the 
aircraft is in a condition for safe operations.
    The FAA is seeking comments on the proposed minimum percentage of 
fabrication and assembly that would be required in order for an 
amateur-built aircraft to qualify for a special airworthiness 
certificate in the experimental category. In addition, the FAA seeks 
comments to Chapter 4, Special Airworthiness Certification, Section 9, 
of FAA Order 8130.2F, Airworthiness Certification of Aircraft and 
Related Products, and AC 20-27G, Certification and Operation of 
Amateur-Built Aircraft. Both of these documents are available at http:/
/www.faa.gov. Paper copies of these documents may be obtained by 
writing to Frank Paskiewicz, Manager, Production and Airworthiness 
Division, AIR-200, Federal Aviation Administration, 800 Independence 
Ave., SW., Washington, DC 20591.

    Issued in Washington, DC on July 9, 2008.
Frank Paskiewicz,
Manager, Production and Airworthiness Division.
[FR Doc. E8-16093 Filed 7-14-08; 8:45 am]

BILLING CODE 4910-13-P
