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]
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40652
Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
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15:01 Jul 14, 2008
Jkt 214001
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VerDate Aug<31>2005
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[FR Doc. E8–16161 Filed 7–14–08; 8:45 am]
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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
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
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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
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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>
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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 https://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 https://
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: https://
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
