Table 1. Use of Commercial Assistance on FAA-Evaluated Kits Example of Fabrication
and Assembly Percentages FAA Evaluation Determination Eligible for Commercial Assistance?
49 percent by kit manufacturer 51 percent by amateur builder Current configuration of your kit marginally meets the major portion requirement of § 21.191(g).
No 40 percent by kit manufacturer 51 percent by amateur builder Current configuration of your kit significantly meets the major portion requirement of § 21.191(g).
Yes, up to 9 percent
(4) Documenting the Use of Commercial Assistance. You must submit a notarized Form 8130-12, certifying the major portion was fabricated and assembled for your own education or recreation. This form also requires a builder to identify if and how much commercial builder assistance was used in the construction of the aircraft and to identify the source of the assistance. Evidence and records need to be available to support these statements and be provided to the FAA upon request.
(5) Identifying Circumstances Not Considered Commercial Assistance.
Commercial assistance does not include the instance where an incomplete aircraft is sold to another builder and the second builder completes the aircraft. In such a case, the work performed by the first builder or subsequent amateur builders, counts toward completion of the major portion by the second builder. The burden of proof that the aircraft is amateur-built and eligible for an experimental certificate remains with and is the responsibility of the applicant. The second builder should obtain as much detailed information and documentation (see paragraph 7h) from the original builder as possible.
If this information is not available, we may not be able to find compliance to the major portion requirement of § 21.191(g).
c. Purchasing Prefabricated or Assembled Components and Materials.
(1) To meet the intent of § 21.191(g) and to be eligible for an amateur-built experimental airworthiness certificate, you need to present satisfactory evidence to show that the aircraft was not fabricated and assembled from completely prefabricated parts or kits. However, the FAA does not expect you to fabricate every part that makes up the aircraft. Items such as engines and engine accessories, propellers, landing gear, rotor blades, rotor hubs, tires, wheel and brake assemblies, instruments, and standard aircraft hardware (such as pulleys, bell cranks, rod ends, bearings, bolts, and rivets) are acceptable and may be procured on the open market (See Table 2 below).
Table 2. Component/Material Us e Guidelines Type of Component/Material Guidelines for Use Any choice of engine, propeller, wheel, or other component We recommend you use FAA-approved components (for example, components produced under a production certificate, a technical standard order, or a parts manufacturer approval).
Any choice of materials We recommend you use material of established quality (for example, materials produced under a military specification, SAE, or AN).
Major components from type-certificated or experimental aircraft You should know whether the components are in a condition for safe operation. This description refers to the condition of that component relative to structural strength, wear, or deterioration.
(2) You should not use materials of unknown identity or quality.
(3) You may use the Amateur-Built Aircraft Fabrication and Assembly Checklist (2009) (see Appendix 8 to this AC), as an aid to determine if using certain components would affect the requirement to fabricate and assemble the major portion of your aircraft.
d. Use of Salvaged Assemblies from Type-Certificated Aircraft. The use of used or salvaged assemblies (for example, landing gear, horizontal stabilizer, and engine mount) from type-certificated aircraft is permitted, as long as they are in a condition for safe operation. However—
(1) You should contact your local FAA MIDO or FSDO prior to using a major assembly or subassembly, such as wings, fuselage, or tail assembly from a type-certificated aircraft. As an amateur builder, you should be aware that when building your aircraft, the excessive use of major assemblies or subassemblies from typecertificated aircraft would most likely render it ineligible for certification under § 21.191(g).
(2) You will not receive credit for work d one on, or the use of, salvaged major assemblies or subassemblies when determining whether your amateur-built aircraft has met the major portion requirement. This would include any “rebuilding” or “alteration” activities to return these components to an airworthy condition.
(3) All fabrication, installation, and assembly tasks on the Amateur-Built Aircraft Fabrication and Assembly Checklist (2009) that you’ve completed by the use of used or salvaged assemblies can only be annotated in the “Mfr Kit/Part/Component” column.
Note: The definition o f fabrication is to perform work on any material, part, or component, such as layout, bending, countersinking, straightening, cutting, sewing, gluing/bonding, layup, forming, shaping, trimming, drilling, deburring, machining, applying protective coatings, surface preparation and priming, riveting, welding, or heat treating, and transforming the material, part, or component toward or into its finished state.
e. Converting a Type-Certificated Aircraft to an Amateur-Built Aircraft. The practice of performing alterations, repairs, and rebuilding of previously type-certificated aircraft for the purpose of obtaining an experimental amateur-built airworthiness certificate is not authorized under § 21.191(g). Such maintenance actions properly fall under 14 CFR part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration. You will not receive credit for these actions toward fabrication or assembly.
We will not accept applications for airworthiness inspections on such aircraft.
(1) This policy has been in effect since 1952 under section 1.74-3 of the Civil Aeronautical Manual 1 (CAM 1), which specifically states that “structural components of other aircraft may be used [for amateur-built aircraft]; however, it is not intended that this provision be used to avoid obtaining approval of major alterations to aircraft previously certificated in another category….”
(2) You should use the normal supplemental type certificate process for modifications to these aircraft and they should be kept under their existing maintenance programs to ensure continued airworthiness.
f. Military Surplus Parts.
(1) You will not receive credit toward fabrication or assembly for your amateur-built aircraft project where military surplus, spare parts, components, and assemblies are used.
(2) We strongly recommend you contact your local FAA MIDO or FSDO before using a major assembly or subassembly, such as wings, fuselage, or tail assembly from military surplus aircraft. As an amateur builder, you should be aware that when building your aircraft, the excessive use of military surplus, spare parts, components, and assemblies may render your project ineligible for certification under § 21.191(g).
g. Meeting General Design and Construction Requirements.
(1) Amateur builders are free to develop their own designs or build from existing designs. We do not approve those designs; it would be impractical to develop design standards for the wide variety of design configurations created by designers, kit manufacturers, and amateur builders.
(2) We recommend that you use FAA-approved components, especially when you are building parts constitu ting the primary structure. During the certification process, you should be prepared to prove to the FAA the identity and quality of any materials you use.
h. Designing the Cockpit/Cabin. When you design the cockpit or cabin, you should—
(1) Avoid sharp corners or edges, protrusions, knobs, and similar objects that may cause injury to the pilot or passengers during an accident. If you cannot avoid having them, you should pad them.
(2) Install seatbelts and shoulder harnesses.
(3) Mark and place cockpit instruments and placards so they are easy to see.
(4) Include a fuel selector so the pilot can control the flow of all tanks. Make sure it’s labeled clearly and appropriately.
(5) Clearly mark system controls, such as the fuel selectors and electrical switches or breakers. Make sure these controls are easy to reach and operate.
(6) Use the sample checklist in Appendix 1 to AC 90-89, Amateur-Built Aircraft and Ultralight Flight Testing Handbook, to inspect cockpit instrumentation and systems controls.
(7) Place a firewall between the engine compartment and the cockpit or cabin if possible.
i. Designing the Fuel System. When you design the fuel system, you should—
(1) Ensure your fuel tank can supply adequate fuel to the engine in all anticipated flight attitudes.
(2) Ensure the fuel system controls are easy to reach and operate.
(3) Provide a carburetor heat system to minimize the possibility of carburetor icing.
(4) Provide a method for filtering the fuel supply to remove water and other contaminants.
j. Building an Aircraft Using a Plan.
(1) Modifying a Design Plan. If you are working from a design plan and you want to make modifications, you should discuss the changes with the designer, kit manufacturer, or equally knowledgeable person. You should record in your builder’s log any modifications you make.
(2) Buying a Partially Built Aircraft Built From a Plan. If you buy a partially built aircraft built from a plan, you should get all fabrication and assembly records, such as receipts for materials, the builder’s log, and aircraft, engine, and propeller logbooks, from the previous owner. You should add the construction efforts of the previous amateur builders to your builder’s log to show the construction history of the aircraft. This information may help us to determine that your aircraft is eligible for amateur-built certification (see to paragraph 8b(5) for more information).
(3) Having Your Aircraft Evaluated. During final inspection for compliance with § 21.191(g), an amateur-built aircraft built using a plan needs to be evaluated. The Amateur-Built Aircraft Fabrication and Assembly Checklist (2009) (see Appendix 8 to this AC) may be used as a guide. If you use commercial assistance, you may also use the Amateur-Built Aircraft Fabrication and Assembly Checklist (2009) before construction, listing the tasks or processes where you plan to use commercial assistance and those you plan to perform yourself. You should obtain a written evaluation from the FAA regarding the effect the proposed commercial assistance will have on the major portion requirement for the completed aircraft.
k. Building an Aircraft Using a Kit.
(1) Ensuring You Receive the Information You Need From Industry. Kit manufacturers should include a copy of the amateur-built regulation and advise amateur builders they need to certify that they fabricated and assembled the major portion of the aircraft construction project solely for their own education or recreation. In addition to the aircraft assembly manual, the kit manufacturer should reference this AC regarding acceptable commercial assistance and the use of a build center for help and instruction during construction of an aircraft. The kit manufacturer should inform amateur builders of the help available through various EAA programs, including EAA chapters, technical counselors, and flight advisors.
(2) Kits Eligible for Certification. You should always verify the aircraft may be eligible for certification as an amateur-built aircraft. Advertisements can be somewhat vague, and in some cases misleading, about whether a kit may produce an aircraft eligible for amateur-built certification. For example, certain kits provide so much fabrication and assembly, they preclude the use of any commercial assistance if the applicant seeks certification as an amateur-built aircraft. Refer to the information in table 3 for more information.
Table 3 – Certifica tion Eligibility Scenario Eligible Not Eligible You are able to show you built the major portion of the aircraft. X The kit you are using or intend to use is one we evaluated and placed on the FAA List of Amateur-Built Aircraft Kits.
(Note: We do not certify nor approve kits, kit manufacturers, or kit distributors. However, we do evaluate kits at the request of the kit manufacturer or distributor, primarily to determine if an aircraft built from a particular kit may meet the major portion requirement. Kits other than those on the list may produce an aircraft we may certify as amateur-built.)
X
You used a construction kit containing raw materials and some prefabricated components.
(Note: The raw materials may include lengths of wood, tubing, extrusions, or similar items that may have been cut to an approximate length. We will also accept some prefabricated parts such as heat-treated ribs, bulkheads, or complex parts made from sheet metal, fiberglass, or polystyrene, and precut/predrilled material, provided you fabricate and assemble the major portion of the aircraft as required by § 21.191(g), Experimental certificates:
Operating amateur-built aircraft.) In addition, it is important to document who did the actual work associated with these tasks.
X
You assembled your aircraft from a kit composed of completely finished, prefabricated components, parts, or precut or predrilled materials, and using these materials means you did not fabricate and assemble the major portion of the aircraft.
X You hired someone to build the aircraft for you, and hiring this person means you did not fabricate and assemble the major portion of the aircraft.
X
(3) Modifying a Kit. If you are working from a c onstruction kit and you want to make modifications, you should discuss the changes with the kit manufacturer or equally knowledgeable person. You should record in your builder’s log any modifications you make.
(4) Buying an Aircraft Built From a Partially Completed Aircraft Kit. If you buy an aircraft built from a partially completed kit, you should get all fabrication and assembly records, such as receipts for materials, the builder’s log, and aircraft, engine, propeller logbooks, and any other documentation available (see paragraph 7h) from the previous owner. You should add the construction efforts of the previous amateur builders to your builder’s log to show the construction history of the kit. This information will help us to determine whether your completed aircraft is eligible for amateur-built certification.
l. Requesting an FAA Kit Evaluation by the National Kit Evaluation Team (NKET) Within the United States.
(1) Only amateur-built aircraft kit manufacturers may submit a request for an aircraft kit evaluation. Reasons for requests may include the following:
(a) The evaluation of newly developed kits.
(b) The reevaluation of previously evaluated kits with design changes (derivative kits) that may affect the fabrication and/or assembly percentage totals of the amateur builder.
(c) The reevaluation of previously evaluated kits that the FAA determines may not meet the major portion requirement.
Note: A request for reevaluation is not needed for new owners of companies that produce a kit(s) previously evaluated and currently posted to the List of Amateur-Built Aircraft Kits located on the FAA Web site.
(2) We will evaluate only those kits for which the manufacturer has submitted a letter (verbal requests will not be accepted) requesting an aircraft kit evaluation. The letter should be submitted to the following address:
Federal Aviation Administration Production and Airworthiness Division (AIR-200) 950 L’Enfant Plaza SW.
5th Floor, Suite 500 Washington, DC 20024 ATTN: National Kit Evaluation Team
(3) All requests for kit evaluations should include the following:
(a) Manufacturer name and address,
(b) Point of contact,
(c) Primary and alternate phone numbers, 16
(d) Address of requested inspection location,
(e) Date of kit availability (minimum 8 weeks from date of request),
(f) Kit name and type (for example, Starship 2/airplane, helicopter), and
(g) Kit model number or other specific identifier.
Note: Requests lacking any of the above information will not be considered.
(4) We will notify the manufacturer by letter that their request for a kit evaluation has been received. The letter will also provide the specific information needed to send the required kit documentation to the FAA (see paragraph 8n).
m. Requesting an NKET Evaluation Outside the United States. In some cases, foreign manufacturers produce amateur-built kits for sale in the United States. We will not perform kit evaluations outside the United States. However, a kit evaluation may take place if the foreign manufacturer has a distributor located within the United States.
The foreign kit manufacturer’s representative will need to display the complete aircraft kit at the distributor’s U.S. location. All of the requirements in paragraphs 8l, 8n, and 8o of this AC apply.
n. Documentation Required When Requesting a Kit Evaluation.
Manufacturer’s requesting an aircraft kit evaluation must provide their aircraft kit documentation to the FAA. Documentation must be submitted in English and reflect the nature and scope of the aircraft design and include the following:
(1) The aircraft’s construction, and weight and balance information;
(2) The exact configuration as sold;
(3) Photographs, drawings, detailed parts listings, builder instructions, and other design, fabrication, and assembly information; and
(4) Any requirements for special tooling, processes, or commercial assistance.
Note: Kits lacking this documentation will not be evaluated.
o. Sending Kit Documentation. Kit documentation may be sent either electronically (preferred), by conventional mail, or by shipping service. All hard copy documentation must be provided in two complete and identical sets. Hard copy documents will not be returned to the manufacturer. The manufacturer is responsible for all document shipping costs.
p.
FAA Receipt of Kit Documentation. The FAA will verify by conventional mail and email to the manufacturer that the required kit documentation has been received and is complete. If the information is insufficient or, if sent by hard copy, is incomplete or not identical, we will advise the kit manufacturer that the process may not proceed until the issue is resolved.
Note: For additional information on the NKET, see FAA Order 8130.35, Amateur-Built Aircraft National Kit Evaluation Team.
9. Registering Your Amateur-Built Aircraft. Section 21.173, Airworthiness Certificates: Eligibility requires that all U.S. civil aircraft be registered before we issue an airworthiness certificate. Part 47 of 14 CFR, Aircraft Registration, prescribes the regulatory requirements for registering civil aircraft. The procedures for registering an amateur-built aircraft are as follows.
a. When to Register. We recommend you apply for registration 60 to 120 days before you finish constructing your aircraft and before you submit FAA Form 8130-6 to us. This should allow you to get your registration information before your FAA inspection.
b. How to Submit Your Application. Submit an application under § 47.33, Aircraft not previously registered anywhere, to the FAA Aircraft Registration Branch, AFS-750 (see Appendix 7 to this AC for the address). Include the following in the package:
(1) Documentation that you own the aircraft. You may use AC Form 8050-88, Affidavit of Ownership for Amateur-Built Aircraft (see Appendix 9 to this AC), or its equivalent. The affidavit needs to state that you built the aircraft from parts or a kit and that the person signing the affidavit is the owner.
(2) A signed bill of sale from the manufacturer of the kit, if the aircraft was built from a kit. You may use AC Form 8050-2, Aircraft Bill of Sale, but strike out the word “aircraft” and insert the word “kit” (see Appendix 10 to this AC). If you cannot provide a bill of sale for the kit, explain why. If you are not the original purchaser of an uncompleted kit, provide AFS-750 traceability from the kit manufacturer through the previous builder(s) to yourself.
(3) A completed AC Form 8050-1 (see Appendix 5 to this AC). Keep the pink copy for your records until you get your Certificate of Aircraft Registration (AC Form 8050-3). The pink copy and FAA Form 8130-6 are not authorization to operate your aircraft.
(4) A check or money order payable to the FAA for the registration fee. The registration fee is $5. If you are requesting a special registration number, it is an extra $10. Therefore, if you submit your registration and request for a special registration number at the same time, the total fee is $15.
(5) A special request letter as described in paragraph 9c, if you want a specific registration num ber.
c. How to Request a Specific Registration Number.
(1) If you want us to assign a specific registration number, list up to five possible numbers, in order of your preference (see Appendix 11 to this AC). Your suggested numbers may be up to five characters long, and the last two characters can be letters. There is an additional fee for this service. If you want to find out whether your preferred numbers are available, you can contact AFS-750 (see Appendix 7 to this AC for the address).
(2) You can reserve a registration number for 1 year; this service costs $10. If the number is not assigned to an aircraft during this period, you are required to renew this reservation every year by paying an additional $10 fee before the end of each 1-year period.
10. Identifying and Marking Yo ur Amateur-Built Aircraft.
a. When to Mark. Mark your aircraft before you apply for an airworthiness certificate.
b. Required Marks. When you apply for an airworthiness certificate for an amateur-built aircraft, you are required to show compliance with the identification requirements of § 21.182, Aircraft identification, and the nationality and registration marking requirements of 14 CFR part 45, Identification and Registration Marking.
Part 45, subpart C, Nationality and Registration Marks, provides specific marking requirements for all aircraft. AC 45-2, Identification and Registration Marking, provides additional guidance. You should direct any questions to your local FAA office.
(1) Identification Information. If you built the aircraft from your design, and the model designation and serial number are not used for any other aircraft, you may use whatever number you want. If you built the aircraft from a plan or a kit, use the identification information provided by the plan designer or kit manufacturer. Make sure the information is the same as you have shown on AC Form 8050-88. Place this information on the identification plate as described in table 4 below.
Table 4. Aircraft Identification Plate Requirements Elements o f the Plate Details of Those Elements Type of plate Fireproof Information to put on the plate Name of the builder (not the designer, plans producer, or kit manufacturer) Model designation Serial number of the aircraft How to put the information on the plate Etch, stamp, engrave, or mark by some other approved fireproof marking method How to attach the plate So that it cannot be defaced or removed during normal service, or lost or destroyed during an accident So that it is legible to a person standing on the ground Where to attach the plate On the exterior of the aircraft in accordance with § 45.11, Identification of Aircraft and Related Products: General, as follows:
Adjacent to the aft of the rear-most entrance door, or On the fuselage near the tail surfaces.
(2) Nationality Designation and Registration Marks. You are required to paint, or affix by a way that is just as permanent, the N-number on the body of the aircraft. For example, only use paints that need thinners or strippers to remove it, or decals. Do not use tape that can be easily peeled off or water-soluble paint. For the appropriate location of the marks, refer to § 45.22 and 45.25 for fixed-wing aircraft and § 45.27 for non-fixed-wing aircraft. For size, follow the guidelines as described in table 5 below.
Table 5. Aircraft Registration Marking Requirements Height of Marks Type of Aircraft Other At least 2 inches Aircraft with the same external configuration (that is, a replica) of a small aircraft built at least 30 years ago
3 inches Most amateur-built aircraft 12 inches Aircraft with a maximum cruising speed that exceeds 180 knots calibrated air speed (207 miles per hour) You are required to also use 12-inch high marks if you will be operating your aircraft outside the United States or Canada, or in an Air Defense Identification Zone.