c.
Paperwork Review. We will review the following information as part of our inspection:
(1) Evidence of inspections, such as builder’s log entries, or EAA technical counselors’ visit report cards describing any inspections conducted during the construction. Those entries should indicate what was inspected and by whom (for example, certificated mechanics or other builders/commercial assistance providers), and the date of the inspection. Include photographs documenting construction details, if available.
(2) Aircraft logbooks and maintenance records covering the aircraft, engine, and propeller or rotor blade(s) so the FAA can review the service records, record the inspection, and issue the airworthiness certificate. We will use the builder’s log entries to substantiate that your construction workmanship methods, techniques, and practices are acceptable, and to support your inspection and airworthiness statement on FAA Form 8130-6.
13. Issuing an Airworthiness Certificate for an Amateur-Built Aircraft.
a. Issuance of a Special Airworthiness C ertificate and Operating Limitations.
(1) In addition to 14 CFR § 91.319 requirements, the guidelines you use to operate and maintain your aircraft are included in your operating limitations, which become part of the special airworthiness certificate. We may impose additional limitations to those listed in Order 8130.2 if necessary for safety. References in this AC to “phase I” mean those operating limitations that apply to the aircraft while it’s undergoing initial flight tests. “Phase II” refers to those operating limitations that apply after you complete the initial flight tests. Phase I and phase II operating limitations are provided in Order 8130.2. The FAA will issue the special airworthiness certificate, but its validity will be subject to compliance with its operating limitations. Those limitations will provide for operation in an assigned flight test area for a certain number of hours (phase I) before the second part (phase II) of the limitations becomes effective, which releases the aircraft from the flight test area.
(2) After we inspect your aircraft and determine it is in a condition for safe operation, we will issue FAA Form 8130-7, Special Airworthiness Certificate, with the appropriate operating limitations in accordance with Order 8130.2 (see to Figure 4).
(3) In accordance with § 91.203(b), you are required to display the airworthiness certificate in the cabin or at the cockpit entrance so that it is legible to passengers or crew while the aircraft is being operated. The pilot is required to conduct all flights under the operating limitations and part 91. Details concerning flight test areas are provided in paragraph 14 of this AC.
Figure 4. Issuing Phase I and II Operating Limitations FAA Prescribe phase I and II operating limitations.
Applicant Fly the aircraft over water or sparsely populated areas with light air traffic in accordance with § 91.305, Flight test areas, appropriate for the applicant to show the aircraft is controllable throughout its normal range of speeds and maneuvers and that the aircraft has no hazardous operating characteristics or design features.
Applicant Complete the flight test period.
Applicant Endorse the aircraft logbook and maintenance records with a statement that you have complied with the requirements of § 91.319(b).
Applicant Operate your aircraft in accordance with phase II operating limitations.
b. Issuance of a Limited Duration Airw orthiness Certificate and Operating Limitations. Because of unique or special situations, the FAA may issue a limited duration airworthiness certificate, which is valid only for flight testing (phase I). When you satisfactorily complete all flight test maneuvers and required flight test hours, you may apply to the local FAA office for a new airworthiness certificate and revised operating limitations.
(1) How to Apply. Submit another FAA Form 8130-6 and a letter requesting amendment of the airworthiness certificate and operating limitations.
(2) Issuing the Amended Airworthiness Certificate and Operating Limitations. After you complete the phase I flight test period, we will review the flight log to determine whether you have taken corrective action on any problems found during the flight testing and whether the aircraft’s condition for safe operation has been established under § 91.319. We also may reinspect the aircraft before we issue the subsequent airworthiness certificate and phase II operating limitations.
c.
Refusal to Issue an Airworthiness Certificate. We do not certify amateur-built aircraft designs or require that you modify the design before airworthiness certification.
However, we may deny airworthiness certification when we inspect your aircraft if we find it does not meet the requirements for the certification you request or is not in a condition for safe operation. If we deny your certification request, we will send you a letter stating why we denied it. We will put a copy of the letter in your aircraft record in the FAA Aircraft Registry office. Refer to § 21.193(c) and Order 8130.2 for more information.
14. Phase I Flight Testing.
a. Flight Tests. Section 91.319(b) requires you to show that your aircraft is controllable at all its normal speeds during all the maneuvers you might expect to execute. You also need to show that your aircraft has no hazardous operating characteristics or design features.
b. Number of Flight Test Hours. The number of hours depends on your aircraft’s characteristics. See table 7 below for specific requirements. The FAA may decide you need additional hours of flight testing beyond those shown in the table to comply with § 91.319(b).
Table 7. Aircraft Flight Test Requirements Aircraft Characteristics Required Flight Testing Type-certificated engine/propeller combination 25 hours Non-type-certificated engine/propeller combination 40 hours Gliders, balloons, and dirigibles eligible for FAA certification 10 hours, including five takeoffs and five landings
c. Location. You may suggest the location of a flight test area to the FAA. If the FAA approves your suggestion, they will specify it in your operating limitations.
Usually, the flight test area should be within a 25-statute-mile radius from your aircraft’s base of operation. Under § 91.305, the flight test is required to be over open water or sparsely populated areas with light air traffic so it does not pose a hazard to persons or property on the ground. You can ask us to help you pick a suitable area to ensure adequate airspace for flight testing.
d. Procedures. See AC 90-89 for recommended flight testing procedures. We strongly recommend amateur builders get a copy of this AC and follow its guidance.
Also, the EAA will help its members in developing flight testing programs.
e. Restrictions .
(1) Carrying Passengers. You may not carry passengers while you are restricted to the flight test area or during any portion of your phase I flight test program.
We suggest you use a tape or video recorder for recording readings and other similar tasks. If you need an additional crewmember for a particular flight test, specify that in your application program letter for the airworthiness certificate. We will list this need in your operating limitations.
(2) Flight Instruction. You may not receive flight instruction during your flight test.
(3) Operating Limitations. When we issue an unlimited duration special airworthiness certificate, the operating limitations may be prescribed in accordance with Order 8130.2. The purpose of the operating limitations is for you to show and maintain compliance with § 91.319. The operating limitations include a requirement for you to endorse the aircraft logbook and maintenance records with a statement certifying the aircraft has been shown to comply with that section. The limitations may vary for some aircraft, and we may issue additional limitations in unusual conditions in the interest of safety. We will review the limitations with you to ensure you thoroughly understand each one.
15. Continuing To Operate Your Amateur-Built Aircraft.
a. After you complete all required flight tests, hours, and maneuvers, the aircraft is considered safe for continued flight. To continue operating your aircraft, you are required to follow the operating limitations issued with the special airworthiness certificate.
b. You may not operate your aircraft without the original airworthiness certificate and operating limitations aboard. If you lose the operating limitations or they are mutilated or no longer legible, you need to contact AFS-750 in Oklahoma City, Oklahoma (see Appendix 7 to this AC for the address) to obtain a copy of the operating limitations. Once you receive a copy from AFS-750, take that copy to your local FAA office to issue an original replacement FAA Form 8130-7 and/or operating limitations. If you can document that the aircraft has completed the flight test requirements (through aircraft logbook and maintenance records entries), we may issue new operating limitations without initial flight test operating limitations.
c. You should be aware of the responsibilities for maintenance and recordkeeping as prescribed in your operating limitations.
16.
Certifying an Amateur-Built Aircraft Built Outside the United States and Purchased By a U.S. Citizen.
a. Many civil aviation authorities recognize FAA regulatory requirements and certification procedures and in some cases have incorporated them into their certification process. However, some countries’ or jurisdictions’ requirements for certification may not meet FAA requirements. If you purchase an aircraft from one of those countries or jurisdictions, you may not be allowed to operate it in the United States under § 21.191(g).
Contact your local FAA office to find out the exact steps to take to meet U.S. certification requirements. You should be prepared to send the following:
(1) If available, documentation obtained by the previous owner from the civil aviation authority of the country or jurisdiction of origin verifying the aircraft was originally certificated as an amateur-built experimental aircraft and that it meets the requirements of § 21.191(g). If such documentation is not available, you will be required to show compliance with § 21.191(g) through the same process used by other applicants (see paragraph 6).
(2) FAA Form 8130-6.
(3) A record of a condition inspection performed on the aircraft by the previous owner, by an inspector authorized by the previous country of registry, or by a U.S. FAA-certificated airframe and powerplant mechanic within a reasonable period of time (about 30 days) before you apply for certification. (Use part 43, Appendix D, Scope and Detail of Items (as Applicable to the Particular Aircraft) to be Included in Annual and 100 Hour Inspections, as a guide for the inspection.) Record the inspection in the aircraft records.
(4) Proper documentation of registration under part 47 (see paragraph 9 for registration procedures).
(5) A letter of request for certification (see Appendix 13 to this AC).
b. FAA Inspection of an Amateur-Bu ilt Aircraft Built Outside the United States and Purchased by a U.S. Citizen. During our inspection of the aircraft, we will be following the procedures in Figure 5, Procedures the FAA Uses to Complete the Inspection.
Figure 5. Procedures the FAA Use s to Complete the Inspection Review your documentation.
Determine whether the aircraft meets the major portion and education/recreation requirements of § 21.191(g).
Advise you that the condition inspection on your aircraft can be performed only by the original builder who holds the repairman’s certificate for that aircraft or an FAA-certificated mechanic as authorized by § 43.3, Persons authorized to perform maintenance, preventive maintenance, rebuilding, and alterations, per the operating limitations.
Inspect the aircraft the same as any other amateur-built aircraft.
Determine whether the aircraft is eligible and the inspection is satisfactory.
Yes No Issue you FAA Form 8130-7 with appropriate operating limitations.
Possibly require flight testing.
c.
Requirements and Procedures for a U.S. Citizen Building an Amateur-Built Aircraft Outside the United States. You are required to comply with the civil aviation authority’s rules in the country or jurisdiction where you wish to register and operate the aircraft. If you want to bring your aircraft into the United States, you will have to apply for a U.S. airworthiness certificate as described previously in this paragraph.
17. Becoming a Repairman of Your Amateur-Built Aircraft. You can get a repairman certificate under certain circumstances. However, the only privilege this certificate gives you under 14 CFR § 65.104, Repairman certificate—experimental aircraft builder—Eligibility, privileges and limitations, is to do the annual condition inspection. The certificate will be valid only for a specific person and a specific aircraft.
The privileges and limitations in part 65, Certification: Airmen Other Than Flight Crewmembers, § 65.103, Repairman certificate: Privileges and limitations, do not apply to becoming this type of repairman (experimental aircraft builder). To get a certificate, apply to your local FAA office. See Appendix 14 to this AC and AC 65-23, Certification of Repairmen (Experimental Aircraft Builders), for additional application information.
You can get a certificate if you are— 30
a. The prim ary builder of your aircraft, even as the second builder, and can satisfactorily prove to us that you can determine whether the aircraft is in a condition for safe operation.
b. One of the builders of an amateur-built aircraft registered in a corporation’s name. The applicant should prove through use of the builder’s log that they can determine whether the aircraft is in a condition for safe operation.
18. Safety Recommendations.
a. Pilot Responsibilities. As a pilot, you should—
(1) Be thoroughly familiar with the aircraft, its engine and propeller operation, and ground handling characteristics, including operation of the brakes. You should test these operations by conducting taxi tests before attempting flight operations. You are not authorized to take off during taxi tests without an airworthiness certificate.
(2) Take precautions to ensure emergency equipment and personnel are readily available in the event of an accident, before the first flight of an amateur-built aircraft.
(3) Refrain from aerobatic maneuvers until you have enough flight experience to establish that the aircraft is satisfactorily controllable throughout its normal range of speeds and maneuvers. You should document all satisfactorily conducted maneuvers in the aircraft logbook, flight test program log, or equivalent document.
b. Operating Limitations.
(1) The operating limitations require that you operate the aircraft under the applicable air traffic control and general operating rules of part 91. If you plan to operate under instrument flight rules (IFR), pay particular attention to the applicable requirements in part 91.
(2) The operating limitations will authorize all operations to be conducted (visual flight rules, day/night, and IFR). These operating limitations may state that the instruments and equipment mandated by § 91.205(b), (c), and/or (d), Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements, need to be installed and operable. In addition, these operating limitations may identify flight test are as defined in § 91.305.
c. Equipment.
(1) Unless you received deviation authority from air traffic control, if your aircraft has a Mode C transponder, the aircraft also is required to have a calibrated airspeed/static pressure system to prevent an error in altitude reporting. You should have the transponder tested and inspected under § 91.413, ATC transponder tests and inspections.
(2) Once your aircraft has been released from the flight test area, you are required to have an emergency locator transmitter aboard in accordance with § 91.207, Emergency locator transmitters. An aircraft with only one seat is exempt from this requirement according to § 91.207(f)(9).
d. Rotorcraft.
(1) If you intend to fly an aircraft with a fully articulated rotor system, be particularly cautious of ground resonance. If you maintain or allow this condition of rotor imbalance to progress, it can be extremely dangerous and may result in structural failure.
(2) As a rotorcraft pilot, you should complete tests showing that stability, vibration, and balance are satisfactory with the rotorcraft tied down before beginning hover, horizontal, or vertical flight operations.
19. Getting the Publications Referred to in This AC. We encourage you to access FAA publications at the following URL: http://www.faa.gov. You may also purchase copies of FAA orders from— Superintendent of Documents P.O. Box 371954 Pittsburgh, PA 15250-7954.
Additionally, the Government Printing Office (GPO) online bookstore is also available at http://bookstore.gpo.gov/index.html.
20. Submitting Comments About This AC. Submit direct comments regarding this AC to— Federal Aviation Administration Production and Airworthiness Division (AIR-200) 950 L’Enfant Plaza SW 5th Floor, Suite 500 Washington, DC 20024
Appendix 1 APPE NDIX 1. DEFINITIONS RELEVANT TO THIS AC Amateur-Built Aircraft. Section 21.191(g) defines an amateur-built aircraft (sometimes referred to as home-built aircraft) as an aircraft in which the major portion has been fabricated and assembled by a person(s) who undertook the construction project solely for their own education or recreation. Amateur-built aircraft may be constructed from an amateur builder’s original design, from purchased plans, or from a kit.
Amateur-Built Aircraft Fabrication and Assembly Checklist (2009). An aid used by the FAA in determining if a manufacturer’s aircraft kit meets the major portion requirement of § 21.191(g). (Sample in Appendix 8 to this AC.)
Commercial Assistance. To provide assistance with fabricating or assembling amateurbuilt aircraft for cash, services, or other tender. This does not include one builder helping another without compensation.
Compensation. Payment by the amateur builder applicant in cash, services, or other tender to any person who provides assistance for hire in the building of an aircraft.
Designated Airworthiness Representative (DAR). Within the context of this AC, a private person designated by the FAA to act on its behalf to inspect amateur-built aircraft and issue airworthiness certificates.
Experimental Aircraft Association (EAA) Technical Counselor. As defined by the EAA, EAA technical counselors provide overall mechanical help and pre-cover guidance to owners and amateur builders.
FAA Inspector. Within the context of this AC, an aviation safety inspector or an authorized DAR.
FAA Office. Within the context of this AC, an FAA office with airworthiness certification authority. These offices include flight standards district offices, manufacturing inspection district offices, certificate management offices, certificate management units, and manufacturing inspection satellite offices that may delegate the airworthiness inspection and certification of an amateur-built aircraft to a DAR.
Fabricate. 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.
Fireproof. The capacity to withstand the heat associated with fire at least as well as steel.
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Appendix 1 1-2 Letter of Eligibility. A letter provided by the FAA to an aircraft kit manufacturer advising that the aircraft kit to be evaluated meets the major portion requirement of § 21.191(g).
Major Portion. The fabrication and assembly of more than 50 percent of the aircraft (also known as the “51-percent rule”).
National Kit Evaluation Team (NKET). A team of FAA personnel with extensive experience in the evaluation and certification of amateur-built aircraft.
NKET Evaluation. A courtesy evaluation by the FAA’s National Kit Evaluation Team (NKET) for the purpose of determining if specific aircraft kits, as manufactured, allow an amateur builder to meet the major portion requirement of § 21.191(g).
Person. Section 1.1 of 14 CFR defines person as an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.
Appendix 2 APPE NDIX 2. 14 CFR PARTS RELATED TO THIS AC
1. 14 CFR part 1, Definitions and Abbreviations. Part 1 defines the words and terms used in subchapters A through K of chapter 1 of 14 CFR.
2. 14 CFR part 21, Certification Procedures for Products and Parts. Part 21 sets forth rules for the issuance of and change to type certificates, and issuance of production certificates, airworthiness certificates, and export airworthiness approvals. It also sets forth the rules governing the holders of these certificates and the approval of certain materials, parts, processes, and appliances.
3. 14 CFR part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration. Part 43 sets forth rules governing the maintenance, preventive maintenance, rebuilding, and alteration of aircraft having a U.S. airworthiness certificate, certain foreign-registered aircraft, and airframes, aircraft engines, propellers, appliances, and component parts of these aircraft.
4. 14 CFR part 45, Identification and Registration Marking. Part 45 sets forth rules for display of nationality and registration marks; display of special airworthiness classification marks; identification plates for aircraft, aircraft engines, and propellers; and identification of certain replacement and critical aircraft parts and components.
5. 14 CFR part 47, Aircraft Registration. Part 47 sets forth rules for registering an aircraft.
6. 14 CFR part 65, Certification: Airmen Other Than Flight Crewmembers.
Part 65 sets forth rules for the issuance of certain certificates and associated ratings for airmen other than flight crewmembers and the general operating rules for the holders of those certificates.
7. 14 CFR part 91, General Operating and Flight Rules. Part 91 sets forth rules governing the operation of most aircraft within the United States.
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Appendix 3 APPE NDIX 3. PUBLICATIONS RELATED TO THIS AC AC 21-12, Application for U.S. Airworthiness Certificate, FAA Form 8130-6.
AC 21-12 provides instructions for preparing and submitting FAA Form 8130-6.
AC 45-2, Identification and Registration Marking. AC 45-2 describes one way to comply with part 45.
AC 65-23, Certification of Repairmen (Experimental Aircraft Builders). AC 65-23 provides guidance to builders of experimental aircraft concerning certification as a repairman.
AC 90-89, Amateur-Built Aircraft and Ultralight Flight Testing Handbook.
AC 90-89 sets forth suggestions and safety-related recommendations to help amateur and ultralight builders in developing individualized aircraft flight test plans.
FAA Order 8130.2, Airworthiness Certification of Aircraft and Related Products.
Order 8130.2 establishes procedures for accomplishing original and recurrent airworthiness certification of aircraft and related products.
FAA Order 8130.35, Amateur-Built National Kit Evaluation Team. Order 8130.35 defines the policy and procedures of the FAA Amateur-Built Aircraft National Kit Evaluation Team and establishes a standard methodology to evaluate amateur-built aircraft kits.
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