Posted for "Steve/Claudette Colwell" <colwells@comcast.net>:
 
 This is the EAA posting.  I believe this will clarify the issue until the
FAA officially posts its proposed changes.
 
 Claudette Colwell
 

EAA clarifies status of FAA policy on aircraft kit eligibility

Recently some discussions in homebuilders’ online chat rooms have focused on EAA’s news articles regarding the prospect of revisions to the FAA’s amateur-built aircraft certification policy. As they have for more than a half century, EAA and its Homebuilt Aircraft Council have upheld the protection of homebuilders’ privileges, including the “51-percent” provision, as a paramount priority. For the past several years the Council has cautioned that any attempts to circumvent or exceed the regulation’s limits could result in FAA actions and undesirable consequences for all homebuilders.

To date, the FAA has not proposed or made any drastic changes regarding the construction or certification of amateur-built aircraft. The FAA recently issued a notice that it must review the application for certification of amateur-built aircraft carrying five or more seats. The FAA clarified that this review is not aimed at limiting what homebuilders can create; rather, it reflects the FAA’s concern that some amateur-built aircraft may not comply with the 51-percent rule and are being marketed to consumers without evaluations for amateur-built aircraft kit eligibility.

Shortly after the birth of kit airplanes, the FAA started a list of those that met the requirements of the 51-percent rule and qualified as amateur-built aircraft if the builders did the majority of the work themselves. To evaluate the kit, the FAA uses a checklist of fabrication tasks, and if the builder does more than half of them, the kit qualifies. (This checklist is contained in Advisory Circular 20-139, “Commercial Assistance During Construction of Amateur-Built Aircraft,” which EAA helped the FAA create in the 1990s to describe assistance that will not run afoul of the 51-percent rule.)

The list of approved kits and the guidance provided in the Commercial Assistance Advisory Circular system have served builders well. This guidance has allowed the introduction of quick-build kits and assistance centers helping builders construct safe aircraft while meeting the intent of the 51 percent rule. The potential for problems arises when an individual builds (or hires someone to build)—and seeks airworthiness certification for—an aircraft constructed from a kit that the FAA has not evaluated for compliance.

With encouragement and recommendations from EAA, the FAA has recently taken steps to ensure that aircraft inspectors, designated airworthiness representatives (DARs), manufacturers, and the aviation community can more easily identify which aircraft kits are eligible for an amateur-built certificate.

The FAA will soon publish its proposed policy changes intended to help determine a homebuilt’s eligibility as an amateur-built aircraft. In all of EAA’s discussions with the agency, the FAA has stressed that none of the proposed changes will affect kits already evaluated and on the list of approved aircraft. Rather, the aim is to enhance the general aviation community’s understanding of the current rules and regulations.

The FAA is not required to publish proposed changes to internal policy. Nonetheless, the FAA is making them public in the Federal Register so that interested parties may review and comment on them.

Contrary to rumors, the FAA has made clear to EAA that it will not prohibit any currently approved practice such as having pre-punched wing skins, using prefabricated fittings, or hiring someone to install avionics or to paint the aircraft.

EAA is in continual contact with the FAA and will notify EAA members once any proposed amateur-built policy changes are published.  At such time, EAA will provide an evaluation of the proposals, discuss their effects, and recommend any appropriate actions from members.  In the meantime, please monitor the EAA website for updates.