 FAA PLACES MORATORIUM ON NEW
ADDITIONS TO 51 PERCENT APPROVED LIST
Amateur-Built ARC Report
Published
The FAA today issued
the final
report of the Aviation Rulemaking Committee (ARC) that it
appointed more than 18 months ago to investigate and make
recommendations regarding the interpretation and enforcement of the
amateur-building "51 percent Rule." Concurrently, the FAA also
placed a
moratorium on its customary practice of providing to aircraft
kit manufacturers and builders courtesy evaluations of new kits'
compliance with the 51 percent requirement.
The moratorium means FAA has temporarily
suspended amateur-built aircraft kit evaluations. No new kits will
appear on the "51
percent approved list" until the FAA has completed its new
process revision for determining the major portion (51 percent). The
new policies will be printed in a future Federal Register notice.
EAA estimates that notice will be published in the April-May time
frame. That notice will provide the public an opportunity to comment
on the various changes. (See EAA's Questions and Answers regarding
the moratorium here.)
"We understand the logic behind the FAA's
suspending advance evaluations and approvals until after it has
announced exactly how it will interpret and enforce the rule going
forward," EAA's Earl Lawrence said. "However, we also understand
that manufacturers and customers may have difficulty in making
decisions until the FAA makes its policy clear. Accordingly, we're
stressing to the FAA that this 'limbo period' should be as brief as
possible."
The ARC's report
The ARC,
co-chaired by Lawrence, Van's Aircraft's Dick VanGrunsven, and FAA's
Frank Paskiewicz, was formed during EAA AirVenture Oshkosh 2006. It
was comprised of representatives from the kit industry,
organizations, and FAA. The ARC's charge was to develop and present
to the FAA its thoughts and ideas on what the original intent of the
regulation was; how it is being applied today; and what impact the
growing commercial assistance centers are having on the
industry.
"EAA continues to advocate the
preservation of amateur-builders' privileges and the exploration of
alternative regulatory avenues allowing for different levels of
participation in aircraft building and flying activities," Lawrence
stressed.
The FAA stated that it is in general
agreement with the proposed changes to FAA Orders, Advisory
Circulars, and Forms put forth in the ARC's final
report. The FAA will make all documents available for review and
comment prior to publication.
The full committee, FAA and industry
members, agreed:
- FAA directive and advisory language
for the airworthiness certification of amateur-built aircraft does
not adequately address the issue of commercial assistance in
excess of that allowed under the regulations.
- The forms used in determining the
amateur-built status of the aircraft need to be updated to more
accurately reflect who actually performed the fabrication and
assembly of the aircraft.
- The aircraft kit evaluation process is
not standardized. The public, industry, the FAA, and individuals
within those groups, have different opinions about what level of
fabrication and assembly constitutes 'major portion.' In other
words, it is not clear how to determine if the amateur builder
fabricates and assembles the major portion of aircraft solely for
their own education or recreation.
- Aviation Safety Inspectors and
Designated Airworthiness Representatives may need additional
training to fully understand the FAA's expectations when
determining an aircraft's eligibility for an amateur-built
certificate.
The industry and FAA members of the ARC
could not come to an agreement on how to define 'major portion' when
evaluating aircraft kits, either in kit form at the manufacturers or
when an aircraft is fully assembled.
The FAA will develop the final method of
calculating major portion. This method will be made available for
review and comment prior to publication. The FAA will consider
petitions for rulemaking by ARC members or any other interested
party or person.
For more information on this important
issue, click on the Amateur-Built Aircraft menu in the left side of
the EAA website's Government
Advocacy section. | 
