AC 20-27G

Advisory Circular

Subject: Certification and Operation of Amateur-Built Aircraft Date: 9/30/2009 Initiated by: AIR-200 AC No: 20-27G

1. Purpose.

a. This advisory circular (AC) provides information about Title 14, Code of Federal Regulations (14 CFR) part 21, Certification Procedures for Products and Parts, § 21.191(g) for the purpose of operating amateur-built aircraft.

b. This AC provides specific information and guidance to amateur aircraft builders on—

(1) Certificating and operating your amateur-built aircraft,

(2) What to do and know before building an amateur-built aircraft,

(3) Designing and constructing your amateur-built aircraft,

(4) Fabricating and assembling your amateur-built aircraft,

(5) Registering your amateur-built aircraft,

(6) Identifying and marking your amateur-built aircraft,

(7) Applying for certification of your amateur-built aircraft,

(8) FAA inspection of your amateur-built aircraft,

(9) Issuing an airworthiness certificate for your amateur-built aircraft,

(10) Flight testing your amateur-built aircraft,

(11) Operating your amateur-built aircraft after flight testing, 1

(12) Am ateur-built aircraft built outside the United States and purchased by a U.S. citizen,

(13) Becoming a repairman for your amateur-built aircraft, and

(14) General safety recommendations.

c. This AC is not mandatory and does no t constitute a regulation. This AC describes an acceptable means, but not the only means, to comply with airworthiness certification and operation requirements of amateur-built aircraft. However, if you use the means described in the AC, you need to follow it in all important aspects.

2. Audience. This AC affects anyone, including aircraft kit manufacturers, commercial assistance providers, and amateur aircraft builders who seek an airworthiness certificate for an amateur-built aircraft.

3. Effective Date. This AC is effective immediately upon publication of change 4 to Federal Aviation Administration (FAA) Order 8130.2F, Airworthiness Certification of Aircraft and Related Products.

4. Explanation of Changes . The information in AC 20-139, Commercial Assistance During Construction of Amateur-Built Aircraft, has been rewritten and incorporated into this AC. In addition, this revision updates existing language related to experimental amateur-built aircraft airworthiness certification to be consistent with recommendations from the 2006 and 2008 Amateur-Built Aircraft Aviation Rulemaking Committee.

5. Cancellation. This AC cancels AC 20-27F, dated September 26, 2003, and AC 20-139, Commercial Assistance During Construction of Amateur-Built Aircraft, dated April 3, l996.

6. Certifying and Operating an Amateur-Built Aircraft . You should follow the steps in Figure 1, in general order, when pursuing airworthiness certification of your amateur-built aircraft. A detailed explanation of each step follows this flowchart (see paragraphs 7 through 15 of this AC).

Figure 1. Certifying an d Operating an Amateur-Built Aircraft Applicant Contact the responsible FAA Manufacturing Inspection District Office (MIDO) or Flight Standards District Office (FSDO) (see Appendix 7 to this AC for additional contact information) for the guidance and information necessary to ensure you understand FAA regulations for your project (recommended).

See paragraph 7.

 Applicant Design and/or construct the aircraft. See paragraph 8.

 Applicant Register the aircraft using Aeronautical Center Form (AC Form) 8050-1, Aircraft Registration Application (see Appendix 5 to this AC) (recommended 60 to 120 days before you finish construction).

See paragraph 9.

 Applicant Identify and mark the aircraft. See paragraph 10.

 Applicant Submit a formal application using FAA Form 8130-6, Application for Airworthiness Certificate (Amateur-Built) (see Appendix 6 to this AC), to the nearest MIDO/FSDO office. See paragraph 11.

 FAA Inspect the aircraft and determine aircraft eligibility. See paragraph 12.

 FAA Issue a special airworthiness certificate with appropriate operating limitations. See paragraph 13.

 Applicant Flight test the aircraft. See paragraph 14.

 Applicant Operate and maintain the aircraft. See paragraph 15.

7.

What to Know Before Building an Amateur-Built Aircraft.

a. A thorough understanding of the terms and their definitions used throughout this AC is critical for you to understand and follow its guidance. Appendix 1 contains the updated definitions you need to know and understand. Sample forms and letters and associated 14 CFR parts and publications related to this AC are also located in the appendixes.

b. We recommend that before you build your aircraft, you contact your local FAA MIDO or FSDO. Discuss the type of aircraft, its complexity, and its materials. Provide a three-view sketch, drawing, or photograph of the proposed aircraft project, and an approximate date of construction completion. Notify your local FAA MIDO or FSDO if you intend to use commercial assistance to build your aircraft. Keep in mind that a determination of major portion will be made by evaluating the amount of work accomplished by the amateur builder(s) against the total amount of work necessary to complete the aircraft, excluding standard procured items.

Note: The major portion of the aircraft is defined as more than 50 percent of the fabrication and assembly tasks, commonly referred to as the “51-percent rule.” For example, an amateur-built kit found on the FAA List of Amateur-Built Aircraft Kits has 40 percent of the fabrication/assembly completed by the kit manufacturer. In order to be eligible for an experimental amateur-built airworthiness certificate and per the major portion rule, the fabrication and assembly tasks that may be contracted out (for hire) to another individual (or builder/commercial assistance center) needs to be less than 10 percent.

c. You may obtain ACs and or ders on the Internet from http://www.faa.gov/regulations_policies/. See Appendix 4 to this AC for a list of forms you will need.

d. The Amateur-Built Aircraft Fabrication and Assembly Checklist (2009) (See Appendix 8 to this AC) should be used to assist in determining whether a manufactured aircraft kit may be fabricated and assembled by an amateur builder in accordance with § 21.191(g). A copy of the Amateur-Built Aircraft Fabrication and Assembly Checklist (2009) or the Fabrication/Assembly Operation Checklist (FAA Form 8000-38), as appropriate, for each kit on the FAA List of Amateur-Built Aircraft Kits can be accessed via the FAA Web site. You can find the checklist under the “General Aviation & Recreational Aircraft—Ultralights & Amateur-Built Aircraft” section under the main “Aircraft” topic tab on the FAA’s main Web site at http://www.faa.gov.

e. Kit m anufacturers are encouraged to include, as part of their kit literature, relevant documentation (information packages) explaining the intent and purpose of the amateur-built rule and the relationship of the rule to the specific kit being provided. Kit manufacturers that have had their kit evaluated by the FAA should include in their information packages a copy of the Amateur-Built Aircraft Fabrication and Assembly 4

5 Checklist (2009) completed by the Amateur-Built Aircraft National Kit Evaluation Team (NKET) or the Fabrication/Assembly Operation Checklist (FAA Form 8000-38), as appropriate. This information will help you (the amateur builder) understand the responsibilities and limitations under the regulations. The information package should also summarize the process used to determine the kit eligibility and the inspection of the completed aircraft.

f. You should familiarize yourself with the statement you need to sign certifying that the major portion of the aircraft was fabricated and assembled by amateur builders per § 21.191(g) (See paragraph 8b(4)) and also indicate any commercial assistance used to complete the project.. In addition, you should be aware of the need for flight training, as well as the value of participation in the Experimental Aircraft Association (EAA) Flight Advisor program.

g. Ensure that you understand when you may or may not apply prior FAA policy to determine if you’ve met the major portion requirement. Confusion is normally created when new policy is introduced. To temper this confusion, the FAA allows the application of prior policy, also known as “grandfathering.” There are several factors that influence which policy you can use. You are strongly encouraged to talk with your local FAA MIDO or FSDO to identify which policy to use in determining the major portion requirement. Review Figure 2 to determine if you can apply prior FAA policy to your project. Keep in mind the FAA will make the final determination.

Figure 2. Use of Prior Policy NO NO Use Prior Policy Use Current Policy YES YES Major Change to the Kit by the Manufacturer after Evaluation?

Was Commercial Assistance Used?

Use Prior Policy NO NO YES YES NON Evaluated Kit Was the Kit Purchased from the Manufacturer Prior to 9/30/2009?

Was Commercial Assistance Used?

Use Current Policy Kit Was Evaluated Prior to 9/30/2009

NOTES for Figure 2:

1. An “evaluated kit” means an FAA-evaluated kit, which may allow an amateur builder to meet the major portion requirement for a Special Airworthiness Certificate in the Experimental Amateur Built category, and be placed on the FAA List of Amateur-Built Aircraft Kits.

2. “Prior policy” means the policy that was in effect at the time the kit was evaluated by the FAA (for example, FAA Form 8000-38, AC 20-27, or Order 8130.2). AIR-200 will maintain these documents as part of the Web-based reference materials section concerning amateur-built aircraft.

3. “Current policy” means the policy contained in FAA Order 8130.2F (change 4) or later, AC 20-27G or latest revision, and the Amateur-Built Aircraft Fabrication and Assembly Checklist (2009) or latest revision.

4. “Major Change to Kit by Manufacturer” means any change that would affect the allocation of task credit.

5. “Commercial assistance” means to provide assistance with fabricating or assembling amateur-built aircraft for cash, services, or other tender. This does not include one builder helping another without compensation.

6. The manufacturer of a previously evaluated kit that was placed on the FAA List of Amateur-Built Aircraft Kits may request to have the kit reevaluated under the current policy.

h. Ensure You Understand the Need To Properly Document Your Project. It is important to document the entire fabrication and assembly process from the beginning to the end, in a continuous and sequential manner. This is because, at the time of certification, the FAA is required to ascertain whether the amateur builder(s) fabricated and assembled the major portion of the aircraft. Making this finding requires adequate, sufficient, and credible documentation. This documentation should clearly show who performed the task(s), when and where the tasks were performed, depict the methods of construction and quality of workmanship, and document the use of commercial and non-commercial assistance. Examples of documentation and methods that can be used include the following:

(1) The Amateur-Built Aircraft Fabrication and Assembly Checklist (2009);

(2) Comprehensive builder’s logs in any format, to include photographs of all the steps included in each of the listed tasks in the Amateur-Builder Aircraft Fabrication and Assembly Checklist (2009), materials and techniques used in construction, as well as dates, locations, and detailed descriptions;

(3) Photographs/video/DVD;

(4) Drawings and engineering specifications;

(5) Kit manufacturer’s data, when necessary;

(6) Relevant documentation (for example, plans) and references (for example, handbooks) used;

(7) Documentation concerning any commercial assistance used, including receipts;

(8) Documentation concerning any non-commercial assistance used;

(9) Part inventories and histories;

(10) Receipts an d catalogs; and

(11) Logbook entries.

8. Designing and Constructing an Amateur-Built Aircraft.

a. Asking Others for Help.

(1) Contacting the EAA. You can get help and information from the EAA (see Appendix 7 for contact information). The EAA promotes aviation safety and construction of amateur-built aircraft, and provides technical advice and help to its members. EAA technical counselors may be available to visit an amateur-built aircraft project and offer advice on workmanship. The EAA has advised the FAA that it does not provide technical help on designing an aircraft.

(2) Asking Other Persons with Expertise. During construction, you may ask persons with aviation design or engineering experience; other builders; mechanics with aircraft, airframe, and powerplant experience; and other persons with relevant expertise to inspect your aircraft. These persons can inspect the construction of particular components (for example, wing assemblies and fuselages) to verify an acceptable level of safety has been met.

(3) In-Process Inspections. You should be aware that the FAA will not perform in-process inspections during the construction of your aircraft. Because of this, your documentation needs to indicate in-process inspections by knowledgeable persons such as EAA technical counselors or certificated mechanics. All in-process inspection documentation needs to include dates and names of all person(s) involved.

(4) Pre-Cover Inspections. You should be aware that the FAA may conduct pre-cover inspections at its own discretion during the fabrication and assembly process for the purpose of determining if the major portion requirement of § 21.191(g) has been met. As with in-process inspections, all pre-cover inspections need to be thoroughly documented to include dates and names of all person(s) involved. In no instance will the FAA perform any of the fabrication or construction work on an aircraft it is certificating.

b. Commercial Assistance.

(1) Receiving Commercial Educational Assistance. You may receive commercial educational assistance in the fabrication or assembly of specific parts and the completion of certain tasks or processes involved in the construction of your aircraft.

The FAA may credit commercial educational assistance provided for educational purposes toward the major portion determination. However, commercial educational assistance cannot exceed a demonstration on how to perform the task. You, as the amateur builder, must still perform the task to receive credit.

(a) In som e cases, this commercial assistance may be provided by kit manufacturers or other entities. You need to notify your local FAA MIDO or FSDO if you intend to use commercial assistance in these instances. Section III of FAA Form 8130-12, Eligibility Statement, Amateur-Built Aircraft, contains information on the requirements to document commercial assistance used in an amateur-built aircraft project.

(b) In all cases, any fabrication or assembly tasks contracted to another party (for hire) or provided by a commercial assistance center, including commercial assistance provided by a kit manufacturer, cannot reduce the amateur builders’ fabrication and assembly percentage below that required to meet major portion under § 21.191(g).

(c) The FAA may elect to view the actual fabrication and assembly in process at the commercial assistance facility before making the final airworthiness determination. This step may be taken to determine whether the planned project can meet the major portion requirement of § 21.191(g).

(2) Identifying Which Items Can Be Installed Using Commercial Assistance. You may get unlimited commercial assistance for non-checklist items on a kit evaluated by the FAA. A non-checklist item is a task or process that is not listed on the Amateur-Built Aircraft Fabrication and Assembly Checklist (2009). These items also include painting and the installation of interior upholstery or avionics. Such a task or process would not be required to be personally completed by the amateur builder for the aircraft to receive an airworthiness certificate under § 21.191(g). Other non-checklist items include fabrication of engines, propellers, wheels and brake assemblies, and standard aircraft hardware.

(3) Notifying the FAA if You Intend to Use Commercial Assistance. It is strongly recommended you contact your local FAA MIDO or FSDO before using commercial assistance. You may choose to include a request for a preliminary aircraft assessment to determine whether the planned project can meet the major portion requirement of § 21.191(g). However, this preliminary aircraft assessment will be accommodated by the FAA based on the availability of time and resources. Commercial assistance can impact eligibility for an amateur-built experimental certificate as shown in the examples in table 1 below.

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.