[Federal Register Volume 73, Number 76 (Friday, April 18, 2008)]
[Notices]
[Pages 21167-21168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8217]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Not Re-Evaluate Aircraft Kits Previously
Determined To Be Eligible for Certification as Amateur-Built Aircraft
AGENCY: Federal Aviation Administration (FAA), DOT.
SUMMARY: This notice announces the FAA's intent to not re-evaluate
aircraft kits previously determined to be eligible for certification as
amateur-built aircraft. Although the FAA recently announced its intent
to temporarily suspend amateur-built aircraft kit evaluations, this
notice announces our intent to not re-evaluate or remove any kits from
the agency's current eligibility list as a result of developing new
evaluation procedures. Those evaluations were conducted to determine if
a prefabricated amateur-built aircraft kit is eligible for
certification as an amateur-built aircraft and will continue to remain
valid.
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
On February 15, 2008, the FAA published a notice in the Federal
[[Page 21168]]
Register (73 FR 8926) which temporarily suspended amateur-built
aircraft kit evaluations. The FAA has performed these evaluations as a
courtesy to assist manufacturers in determining whether their
prefabricated aircraft kits can meet the regulatory requirements for
certification as an amateur-built aircraft under the provisions of
Title 14, Code of Federal Regulations (14 CFR) 21.191(g). That section
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.''
Upon determination that the percentage of a kit presented for
evaluation by a manufacturer permits the major portion (51%) of the
aircraft's fabrication and assembly to be completed by an amateur
builder, the aircraft kit is added to a list of eligible kits
maintained by the FAA.
Kit evaluations have been a courtesy that the FAA has provided for
the convenience of kit manufacturers, their customers, and FAA
inspectors. Successful evaluations assure manufacturers that their kits
can be marketed as being eligible for certification as an amateur-built
aircraft. They also assist inspectors by providing a baseline from
which an inspector can begin an assessment of a completed aircraft kit
once it has been presented for certification under Sec. 21.191(g).
Additionally, the evaluations inform prospective applicants that an
aircraft is eligible for certification as an amateur-built aircraft,
when completed in accordance with FAA-evaluated assembly and
instruction manuals. Completion of a kit evaluation, however, is not,
nor ever has been, a regulatory requirement.
The FAA recently concluded that a temporary suspension of kit
evaluations is necessary because existing policy and guidance used to
evaluate these kits has resulted in inconsistent determinations
regarding regulatory compliance. This decision also reflects the
conclusions of the Amateur-Built Aviation Rulemaking Committee (ARC).
That committee was established on July 26, 2006, to make
recommendations regarding the use of builder or commercial assistance
when fabricating and assembling amateur-built aircraft intended for
certification under Sec. 21.191(g). The committee concluded that the
process used for the evaluation of aircraft kits is not standardized.
The FAA believes a temporary suspension of kit evaluations is therefore
needed to update the policy and guidance material used to conduct these
evaluations. The agency is currently evaluating proposed changes to the
policy and guidance used to evaluate amateur-built aircraft kits.
Since publication of the notice of the agency's temporary
suspension of kit evaluations in the Federal Register, amateur-built
aircraft kit manufacturers have expressed concerns that the FAA would
re-evaluate or remove kits on the current eligibility list as a result
of re-evaluating previously evaluated kits using the new evaluation
procedures. The FAA does not intend to re-evaluate or remove any of the
kits from the current eligibility list as a result of developing new
evaluation procedures. As is current practice, a re-evaluation of any
kit on the current eligibility list would only occur if a potentially
unsafe condition is identified. The temporary suspension of kit
evaluations does not affect the status of kits previously determined to
be eligible for certification as an amateur-built aircraft. Previous
FAA-conducted amateur-built aircraft kit evaluations remain valid.
The FAA has also received inquiries concerning whether amateur-
built kit manufacturers may continue to develop, manufacture, market,
and sell their previously evaluated aircraft kits during the temporary
suspension. The FAA does not certify aircraft kits or approve kit
manufacturers. Kit evaluations are not required by the regulations and
do not prevent a manufacturer from introducing a new kit for the
amateur-built marketplace. Companies may continue to design, develop,
manufacture, market, and sell aircraft kits. The temporary suspension
in no way prevents these actions.
Several amateur aircraft builders were also concerned that aircraft
currently being built from kits which were on the eligibility list at
their time of purchase would be reevaluated in accordance with new
procedures when the aircraft are presented for airworthiness
certification: The FAA will not re-evaluate these kit aircraft to the
new criteria when they are inspected for airworthiness certification
provided the kit from which they have been built remains on the current
list. The airworthiness certification process for these aircraft
remains unchanged. The determination that an applicant has fabricated
and assembled the major portion of an aircraft in accordance with Sec.
21.191(g), will continue to be accomplished when the aircraft is
inspected for airworthiness certification. This procedure is consistent
with longstanding practices in place prior to the temporary suspension
of kit evaluations.
The FAA will resume amateur-built kit evaluations after issuing the
final policy changes. Prior to publishing the final policy, FAA will
solicit comments on draft procedures (FAA Orders and Advisory
Circulars) through a notice in the Federal Register.
Issued in Washington, DC on April 8, 2008.
Frank Paskiewicz,
Manager, Production and Airworthiness Division.
[FR Doc. E8-8217 Filed 4-17-08; 8:45 am]
BILLING CODE 4910-13-M