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Questions and Answers:

FAA’s Moratorium on Additions to the Listing of Approved Amateur-Built Aircraft Kits

Q. What do you mean by “moratorium”?
A. A moratorium means the FAA has temporarily suspended adding any amateur-built kits to its 51 percent kit list.

Q. What happens to kits that are already on the list?
A. For now, the list will remain exactly as is. In the future, the FAA may re-evaluate some kits on the list based on its new amateur-built certification policy.

Q.  What is FAA’s new amateur-built certification policy?
A. The new policy has not been released. The FAA has indicated it will publish its new amateur-built certification policy in the Federal Register in March or April of this year. As soon as it is published, EAA will alert members, provide a link to the policy, and advise members on how to comment.

Q. I’m building XYZ aircraft. Will I be able to get an airworthiness certificate for it?
A. In most cases, yes. The FAA is concerned about the growing popularity of builder assist centers and the proliferation of “pro builders” and how these services affect eligibility for an amateur-built airworthiness certificate. If you’re building your aircraft in accordance with the rule, EAA does not expect you will have any problems.

Q. I’m thinking of buying XYZ kit. What should I do?
A. EAA and the participating kit manufacturers recommended to the amateur-built aviation rulemaking committee that all kits currently on the list be grandfathered. The FAA has not indicated whether it will accept that recommendation. If the kit you’re interested in is currently on the approved list…and is not a quick-build kit…EAA does not expect you will have a problem. If it is a quick-build kit, you need to carefully document all the tasks you complete as an amateur-builder and be careful not hire outside individuals to complete too many tasks, which may affect your aircraft’s eligibility.

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