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, 40652-40654 [E8-16093]

Download as PDF 40652 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices management system for the Department of State to account for and control appropriated resources and to maintain accounting and financial information associated with the normal operation of government organizations. The information in this system is used to make authorized payments for goods and services to companies or individuals doing business with the Department of State, to make authorized reimbursement payments to an employee, to prepare 1099 tax reports, and to account for individual accounts of debts owed to the Department of State or the U.S. Government, in accordance with the Debt Collection Improvement Act of 1996. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: The principal users of this information outside the Department of State are: (1) Department of Treasury to issue authorized payments to companies and individuals or to issue authorized reimbursement payments to employees; and (2) the Internal Revenue Service and companies or individuals who have received qualifying payments during the tax year as recipients of 1099 reporting. Also see the Department of State’s Prefatory Statement of Routine Uses published in the Federal Register. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Disclosure made pursuant to 5 U.S.C. 552a(b)(12): Debt information concerning a government claim against an individual may be furnished in accordance with 5 U.S.C. 552a(b)(12) and section 3 of the Debt Collection Act of 1982 (Pub. L. 97–365) to consumer reporting agencies to encourage repayment of an overdue debt. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: Electronic media and paper records. RETRIEVABILITY: By name, employee identification number, or social security number, consistent with Executive Order 9397 and Section 7 of the Privacy Act. mstockstill on PROD1PC66 with NOTICES SAFEGUARDS: All Department of State employees and contractors with authorized access have undergone a thorough background security investigation. Access to the Department and its annexes is controlled by security guards and admission is limited to those individuals possessing a valid identification card or individuals under 15:01 Jul 14, 2008 Jkt 214001 RETENTION AND DISPOSAL: Records maintenance and disposal is in accordance with National Archives and Records Administration retention schedule, and any supplemental guidance issued by individual components. SYSTEM MANAGER AND ADDRESS: Director, Systems Development and Maintenance, Department of State, P.O. Box 150008, Charleston, SC 29415– 5008. NOTIFICATION PROCEDURE: Individuals who have reason to believe that the Department of State’s Global Financial Management System may have records pertaining to themselves may write the Director, Office of Information Programs and Services, A/ISS/IPS, SA–2, Department of State, 515 22nd Street, NW., Washington, DC 20522–8100. The individual must specify that he or she wishes the GFMS to be checked. At a minimum, the individual should include: Name, date of birth, current mailing address and zip code, signature; and also a brief description of the circumstances that caused the individual cause to believe that the GFMS has records pertaining to him or her. RECORD ACCESS AND AMENDMENT PROCEDURES: STORAGE: VerDate Aug<31>2005 proper escort. Records containing personal information are maintained in secured file cabinets or in restricted areas, access to which is limited to authorized personnel. Servers are stored in Department of State secured facilities in cipher locked server rooms. Physical access to the server rooms is limited to authorized personnel only. The system is secured with the safeguards required by Office of Management and Budget Memorandum M–07–16 as may be applicable Individuals who wish to gain access to or amend records pertaining to them should write to the Director, Office of Information Programs and Services, A/ ISS/IPS, SA–2, Department of State, 515 22nd Street, NW., Washington, DC 20522–8100. RECORD SOURCE CATEGORIES These records contain information obtained from the individual who is the subject of these records, from Department of State transactions, and from other U.S. Government agencies. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT: None. [FR Doc. E8–16161 Filed 7–14–08; 8:45 am] BILLING CODE 4710–24–P PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 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 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: AGENCY: Background The FAA established an AmateurBuilt 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 amateurbuilt 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. E:\FR\FM\15JYN1.SGM 15JYN1 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 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 PO 00000 Frm 00175 Fmt 4703 Sfmt 4725 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 § 21.191(g). To ensure consistency and standardization concerning amateurbuilt 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. E:\FR\FM\15JYN1.SGM 15JYN1 EN15JY08.000</GPH> mstockstill on PROD1PC66 with NOTICES 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 § 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 40653 40654 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices A stated level of builder fabrication is necessary for the FAA to issue the amateur builder a repairman certificate after showing compliance with § 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 AmateurBuilt 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. been placed in the requisite docket (FRA–2008–0072) and are available for public inspection. Interested parties are invited to review the RSPP and associated documents at the DOT Docket Management Facility during regular business hours (9 a.m.–5 p.m.) at 1200 New Jersey Avenue, SE., Room W12– 140, Washington, DC 20590. All documents in the public docket are also available for inspection and copying on the internet at http:// www.regulations.gov. Anyone is able to search the electronic form of any written communications received into any of our dockets by name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477– 78). 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] DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–13–P In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance with certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notification of Petition for Approval; Railroad Safety Program Plan Although not required, the Federal Railroad Administration (FRA) is providing notice that it has received a petition for approval of a Railroad Safety Program Plan (RSPP) submitted pursuant to Title 49 Code of Federal Regulations (CFR) Part 236, Subpart H. The petition is listed below, including the party seeking approval, and the requisite docket number. FRA is not accepting comments on this RSPP. mstockstill on PROD1PC66 with NOTICES Northeast Illinois Regional Commuter Railroad Corporation [Docket Number FRA–2008–0072] The Northeast Illinois Regional Commuter Railroad Corporation (METRA) submitted a petition for approval of an RSPP. The petition, the RSPP, and any related documents have VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 Issued in Washington, DC on July 9, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–16133 Filed 7–14–08; 8:45 am] BILLING CODE 4910–06–P Federal Railroad Administration Petition for Waiver of Compliance Memphis Area Transit Authority [Waiver Petition Docket Number FRA–2008– 0063] The Memphis Area Transit Authority (MATA) seeks a permanent waiver of compliance from sections of Title 49 of the CFR for operation of its vintage Main Street Trolley line, which features ‘‘limited connections’’ such as a shared corridor operation and a diamond atgrade rail crossing of Canadian National/Illinois Central Railroad (CN/ IC) track by the streetcar. See Statement of Agency Policy Concerning Jurisdiction Over the Safety of Railroad Passenger Operations and Waivers PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 Related to Shared Use of the Tracks of the General Railroad System by Light Rail and Conventional Equipment, 65 FR 42529 (July 10, 2000). See also Joint Statement of Agency Policy Concerning Shared Use of the Tracks of the General Railroad System by Conventional Railroads and Light Rail Transit Systems, 65 FR 42626 (July 10, 2000). The Main Street Trolley line is a 7 mile long, urban transit system serving 35 stations, and partially shares a riverfront corridor with CN/IC. Along this shared corridor, there are 11 shared highway-rail at grade crossings and one diamond at-grade rail crossing in which the streetcar crosses the CN/IC north of Auction Avenue as it heads south to GE Patterson Avenue. All shared highway rail at grade crossings have signalized crossing protection. Also, the diamond at-grade rail crossing is fully interlocked and signaled. All maintenance is performed by CN/IC. MATA’s Main Street Trolley line shares a limited connection to the general freight system at 11 highway-rail at grade crossings and 1 diamond atgrade rail crossing, and seeks a permanent waiver of compliance from Title 49 of the CFR, specifically: Part 210 Noise Emissions; Part 215 Freight Car Safety Standards; Part 218 Railroad Operating Practices; Part 219 Drug and Alcohol; Part 221 Rear End Marking Devices; Part 223 Safety Glazing Standards; Part 228 Hours of Service (for MATA streetcar operators and dispatchers); Part 229 Locomotive Safety Standards; Part 231 Railroad Safety Appliances; Part 238 Passenger Equipment Safety Standards; Part 239 Passenger Emergency Preparedness; and Part 240 Engineer Certification. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2008– 0063) and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40652-40654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16093]


=======================================================================
-----------------------------------------------------------------------

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