Notice of Intent To Not Re-Evaluate Aircraft Kits Previously Determined To Be Eligible for Certification as Amateur-Built Aircraft, 21167-21168 [E8-8217]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 76 (Friday, April 18, 2008)]
[Notices]
[Pages 21167-21168]
From the Federal Register Online via the Government Printing 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