Federal Aviation Administration Certification of AmateurBuilt Aircraft Presented

Federal Aviation Administration Certification of Amateur-Built Aircraft Presented to: EAA 983 (Granbury / Pecan Plantation) By: Mike Montefusco Date: November 12, 2011

Certification and Operation • Guidance concerning building, certification, and operation of amateur-built aircraft • How much fabrication and assembly the builder must do • The FAA’s role in the certification process NOTE: FAA order 8130. 2 G covers Amateur-Built certification Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 2

Presentation Topics • • FAA Certification Criteria Design and Construction Kits Aircraft Registration – Identification & Registration Markings • • • Certification Inspection 14 CFR 91 -319 Certificate Inspection Issuance of the Special Airworthiness Certificate Operating Limitations – Phase 1: Flight Test Program – Phase 2: Permanent Operating Limitations • • • Showing Compliance with 14 CFR 91. 319(b) Repairman Certification LODA: Letter of Deviation Authority AC 90 -109: Airman Transition to Experimental or Unfamiliar Airplanes Aircraft Accident Summary and Risk Management Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 3

Background • FAA provides for the issuance of a Special Airworthiness Certificates • Experimental Category • Allows for operation of amateur-built aircraft Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 4

Background continued • 14 CFR Part 21. 191(g) defines an amateur-built aircraft as – an aircraft, • the major portion of which has been fabricated • and assembled by persons • who undertook the construction and assembly solely for their own • education or recreation NOTE: AC 20 -27, Certification and Operation of Amateur-Built Aircraft Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 5

FAA Certification • In the Past, – the FAA inspected the aircraft at several stages, called Pre-Cover Inspections Since 1983, FAA inspections are limited to ensure acceptable workmanship, methods, techniques, and practices are used. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 6

FAA Certification • In recent years, amateur builders have called upon persons having expertise, such as: • EAA Technical Counselors • FAA Designated Airworthiness Representatives (DAR) – DAR can be used for technical guidance Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 7

Certification Criteria • Builders should have knowledgeable persons perform pre-cover and other inspections • Documentation of construction – i. e. , Builders Log • Any format • Include photographs of all steps included in each of the listed tasks in the Amateur-Builder Aircraft Fabrication and Assembly Checklist (2009) • Materials and techniques used in construction • Dates, locations, and detailed descriptions Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 8

Design and Construction • Consult with the EAA • Strongly recommend FAA-approved engines, props, wheels, and components • Cockpit and Cabin design to include TSO’d restraints Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 9

Design and Construction • Adequate fuel supply for engine • Suitable design for reduced fire hazard Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 10

Construction Kits • Aircraft built from a kit may be eligible for amateur-built certification, provided the major portion has been fabricated and assembled by the amateur builder • FAA does not certify amateur-built aircraft kits • FAA does not approve kit manufacturers Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 11

Construction Kits • “Major Portion” is known as the 51% Rule Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 12

Construction Kits • Caution: – Purchasers of partially completed kits should obtain from the previous owner(s) • All fabrication records • All assembly records Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 13

Construction Kits • Advertisements tend to be somewhat vague and may be misleading as to whether a kit is eligible for amateur-built certification • Not advisable to order a kit before verifying with the local FAA office if the aircraft, upon completion, may be eligible for certification Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 14

Aircraft Registration • 14 CFR Part 47 covers registration • Owner must apply for “N” number – Can request special “N” numbers – Can reserve a special “N” number for one year Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 15

Aircraft Registration • If a kit was used, obtain bill of sale from kit manufacturer • FAA Bill of Sale can be used • Provide an Affidavit of Ownership for Amateur. Built Aircraft Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 16

Identification & Registration Marks • 14 CFR Part 21. 182 requires registration to be displayed on the aircraft • 14 CFR Part 45 states requirements for markings • ID plate must be fireproof & secured Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 17

Identification & Registration Marks • Name on ID plate is that of the Builder with any serial number • ID plate must be located on exterior Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 18

Identification & Registration Marks “N” numbers must be displayed at a minimum height of 3 inches If maximum cruise speed exceeds 180 knots, “N” numbers must be at least 12 inches Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 19

Identification & Registration Marks “N” numbers may not exceed 5 symbols following the prefix “N” – One to four numbers and one suffix • i. e. , (N 1234 B), or – One to three numbers and two suffixes • i. e. , (N 123 BR) Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 20

Certification Inspection • An FAA Airworthiness Inspector or DAR will conduct the certification inspection • Applicant needs to show compliance with 14 CFR Part 91. 319 Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 21

It’s your aircraft • Builder needs to determine Airworthiness prior to certification • Ensure there is a signed and dated statement from the owner in the aircraft records, that: – the aircraft has had an inspection performed in accordance with 14 CFR part 43, app D, or – other approved programs, and – was found to be in a condition for safe operation Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 22

It’s your aircraft • This statement will support the owner’s inspection and airworthiness statement on block III of FAA Form 8130 -6 Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 23

Lets take a look at what 14 CFR Part 91. 319 states! Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 24

14 CFR Part 91. 319 Para (a): No person may operate an aircraft that has an experimental certificate (1) For other than the purpose for which the certificate was issued; or (2) For carrying persons or property for compensation or hire Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 25

14 CFR Part 91. 319 Para (b): No person may operate an aircraft that has an experimental certificate outside of an area assigned by the Administrator until it is shown that -- Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 26

14 CFR Part 91. 319 (1) The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed; and Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 27

14 CFR Part 91. 319 (2) The aircraft has no hazardous operating characteristics or design features Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 28

14 CFR Part 91. 319 (c) Unless otherwise authorized by the Administrator in special operating limitations, no person may operate an aircraft that has an experimental certificate over a densely populated area or in a congested airway Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 29

14 CFR Part 91. 319 The Administrator may issue special operating limitations for particular aircraft: • to permit takeoffs and landings to be conducted over a densely populated area or in a congested airway • in accordance with terms and conditions specified in the authorization in the interest of safety in air commerce. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 30

14 CFR Part 91. 319 (d) Each person operating an aircraft that has an experimental certificate shall (1) Advise each person carried of the experimental nature of the aircraft; and Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 31

14 CFR Part 91. 319 (2) Operate under VFR, day only, unless otherwise specifically authorized by the Administrator; and Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 32

14 CFR Part 91. 319 (3) Notify the control tower of the experimental nature of the aircraft when operating the aircraft into or out of airports with operating control towers. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 33

14 CFR Part 91. 319 (h)(2)(i) The Administrator may prescribe additional limitations that the Administrator considers necessary, including limitations on the persons that may be carried in the aircraft. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 34

14 CFR Part 91. 319 Who is the Administrator? ? ? Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 35

14 CFR Part 91. 319 Your friendly FSDO Aviation Safety Inspector!!!! Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 36

Certification Inspection Please contact your FAA Aviation Safety Inspector (ASI) at least 30 days in advance of your requested inspection Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 37

Certification Inspection The Inspection will include – a review of 14 CFR Part 21. 193 – a review of the builder’s log – an examination of the completed aircraft Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 38

Successful Aircraft Inspection • Furnish a complete and ready to fly aircraft except for cowlings, fairings and opened panels for inspection • Aircraft Registration – (White Form 8050 -3) • Builder’s Log • Log books for the – Aircraft – Engine – Prop Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 39

Successful Aircraft Inspection Installation of Placard “PASSENGER WARNING - THIS AIRCRAFT IS AMATEUR-BUILT AND DOES NOT COMPLY WITH FEDERAL SAFETY REGULATIONS FOR STANDARD AIRCRAFT” Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 40

Issuance of the Special Airworthiness Certificate • A Special Airworthiness Certificate will be issued • Operating Limitations will be issued: – Phase I & Phase II – Appropriate Operating Limitations must be on-board aircraft while in operation Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 41

Experimental Amateur-Built Operating Limitations • Operating limitations must be designed to fit the specific situation encountered. • The ASI and/or designee must review each imposed operating limitation with the applicant to ensure that the operating limitations are understood by the applicant. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 42

Experimental Amateur-Built Operating Limitations • Phase I - Flight Test Program – Initially limited to assigned area – At least 25 hours for (FAA-approved Type Certificated) engine/prop combination – At least 40 hours if non-approved engine/prop combination Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 43

Phase I Flight Test Program • Not conducted over densely populated areas or in congested airways • Usually encompasses 25 -statute mile radius • Carrying of passengers not permitted Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 44

Phase II Permanent Operating Limitations • After successful completion of Phase I requirements, and • A log book entry stating so • Phase II Operating Limitations become effective and remain in effect Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 45

Showing Compliance with 14 CFR Part 91. 319(b) • Flight test program should be developed in accordance with AC 90 -89, Amateur-Built Aircraft and Ultra light Flight Testing Handbook, or its equivalent in scope and detail. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 46

Showing Compliance with 14 CFR Part 91. 319(b) • Applicant should be advised that after the experimental amateur-built airworthiness certificate has been issued, they must show compliance to 14 CFR Part 91. 319(b). • This is done by developing a flight test program that addresses the requirements, goals, and objectives of each test flight. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 47

Flight Test Programs Flight Test Program Serves 2 Purposes: 1. Ensures aircraft has been adequately tested and determined to be safe to fly within the aircraft’s flight envelope. 2. Flight test data is used to develop an accurate and complete aircraft flight manual and to establish emergency procedures. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 48

Flight Test Programs Note: The EAA Flight Advisor program has been established to assist applicants in developing flight test programs. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 49

First Flight: Who is going to fly it? In most cases, the builder will make the first flight – Some things to think about: • Proficiency • Using a Technical Counselor • Transition training • Being willing to cancel the flight • Currency • Being Prepared for Emergencies • Selecting an Airport • Developing a plan Certification of Amateur-Built Aircraft 29 October 2020 – In the air and on the ground • Weather Federal Aviation Administration 50

Repairman Certification The aircraft builder may be certificated as a repairman IF the builder is the primary builder of the aircraft AND can satisfactorily prove requisite skill in operation. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 51

Repairman Certification A Repairman Certificate can be obtained by making application to the local FAA FSDO Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 52

LODA: Letter of Deviation Authority • The FAA may issue deviation authority providing relief from the provisions of paragraph (a) of 91. 319 for the purpose of conducting flight training. • The FAA will issue this deviation authority as a Letter Of Deviation Authority (LODA). Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 53

LODA: Letter of Deviation Authority (1) The FAA may cancel or amend a letter of deviation authority at any time. (2) An applicant must submit a request for deviation authority to the FAA at least 60 days before the date of intended operations. Request for deviation authority must contain: 1. A complete description of the proposed operation, and 2. Justification that establishes a level of safety equivalent to that provided under the regulations for the deviation requested. Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 54

Airmen Transition to Experimental or Unfamiliar Airplanes Advisory Circular AC 90 -109 Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 55

Summary • Amateur Built Aircraft crash more often and are more often fatal than Certificated Aircraft • Significant improvements have been made and the historical accident rate is on a downward trend however – we still have room for improvement Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 56

Summary • Use the resources available to you – EAA / FAA • Build a simple Risk Management Plan Enjoy this wonderful freedom we have! Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 57

Amateur-Built Fatal Accidents 0 -5 Airframe Hours Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 58

Amateur-Built Fatal Accidents 41 -60 Airframe Hours Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 59

Carelessness and overconfidence are usually more dangerous than deliberately accepted risk. - Wilbur Wright, 1901 Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 60

THE END Certification of Amateur-Built Aircraft 29 October 2020 Federal Aviation Administration 61