A few weeks ago, ANN presented an investigative report
detailing issues building up around the increasingly problematic
Epic Aircraft turboprop builder/construction program and an
industry that has become somewhat uncomfortable with the perception
that Epic is pushing the "51% Rule" far more than was ever intended
by the FAA.
Some recent postings by Epic Aircraft's Rick Schrameck (who
still has not returned calls made to him by ANN) appear to
be designed to inspire fear among homebuilt aircraft
builders by asserting that the FAA is about to shut down the
home-building of personal aircraft. Responding to recent criticism
of his Epic Aircraft high performance "kit-built" program and the
FAA's recent refusal to grant an Epic builder an Amateur-Built
Experimental certificate, Schrameck and the 'builder' of the
aircraft refused experimental certification by the FAA (Carl
Cadwell), have posted a number of public messages to the Lancair
Mailing List, with an apparent intent to build unease among
homebuilders across the nation with their interpretation of the
FAA's intentions.
The rhetoric has gotten pretty intense, with Schrameck posting
that, "The FAA wants all experimental aircraft gone," and
predicting trouble for other homebuilt aircraft programs. In
a statement by Cadwell, an FAA document is referenced to
support an opinion in which he concludes, "My reading of this is
that Lancair Kit company, RV and probably all the current fast
build kit companies will not be in compliance."
ANN's reading of the referenced documents disagrees with this
interpretation, an opinion shared by EAA staffer Earl Lawrence, and
FAA personnel commenting on this story.
EAA Weighs In
EAA, fielding questions about the statements made by Schrameck,
Cadwell, and others has responded with a statement of their
own... submitted below:
"Recently some
discussions in homebuilders' online chat rooms have focused on
EAA's news articles regarding the prospect of revisions to the
FAA's amateur-built aircraft certification policy. As they have for
more than half a century, EAA and its Homebuilt Aircraft Council
have upheld the protection of homebuilders' privileges, including
the "51-percent" provision, as a paramount priority. For the past
several years the Council has cautioned that any attempts to
circumvent or exceed the regulation's limits could result in FAA
actions and undesirable consequences for all homebuilders.
To date, the FAA has not proposed or made any drastic changes
regarding the construction or certification of amateur-built
aircraft. The FAA recently issued a notice that it must review the
application for certification of amateur-built aircraft carrying
five or more seats. The FAA clarified that this review is not aimed
at limiting what homebuilders can create; rather, it reflects the
FAA's concern that some amateur-built aircraft may not comply with
the 51-percent rule and are being marketed to consumers without
evaluations for amateur-built aircraft kit eligibility.
Shortly after the birth of kit airplanes, the FAA started a list
of those that met the requirements of the 51-percent rule and
qualified as amateur-built aircraft if the builders did the
majority of the work themselves. To evaluate the kit, the FAA uses
a checklist of fabrication tasks, and if the builder does more than
half of them, the kit qualifies. (This checklist is contained in
Advisory Circular 20-139, "Commercial Assistance During
Construction of Amateur-Built Aircraft," which EAA helped the FAA
create in the 1990s to describe assistance that will not run afoul
of the 51-percent rule.)
The list of approved kits and the guidance provided in the
Commercial Assistance Advisory Circular system have served builders
well. This guidance has allowed the introduction of quick-build
kits and assistance centers helping builders construct safe
aircraft while meeting the intent of the 51 percent rule. The
potential for problems arises when an individual builds (or hires
someone to build)-and seeks airworthiness certification for-an
aircraft constructed from a kit that the FAA has not evaluated for
compliance.
With encouragement and recommendations from EAA, the FAA has
recently taken steps to ensure that aircraft inspectors, designated
airworthiness representatives (DARs), manufacturers, and the
aviation community can more easily identify which aircraft kits are
eligible for an amateur-built certificate.
The FAA will soon
publish its proposed policy changes intended to help determine a
homebuilt's eligibility as an amateur-built aircraft. In all of
EAA's discussions with the agency, the FAA has stressed that none
of the proposed changes will affect kits already evaluated and on
the list of approved aircraft. Rather, the aim is to enhance the
general aviation community's understanding of the current rules and
regulations.
The FAA is not required to publish proposed changes to internal
policy. Nonetheless, the FAA is making them public in the Federal
Register so that interested parties may review and comment on
them.
Contrary to rumors, the FAA has made clear to EAA that it will
not prohibit any currently approved practice such as having
pre-punched wing skins, using prefabricated fittings, or hiring
someone to install avionics or to paint the aircraft.
EAA is in continual contact with the FAA and will notify EAA
members once any proposed amateur-built policy changes are
published. At such time, EAA will provide an evaluation of
the proposals, discuss their effects, and recommend any appropriate
actions from members."