Resolves Vague Use Of Generic Checklists By Builders

The FAA put amateur builders into a state of regulatory limbo starting in 2008, when it announced it was rewriting its guidelines for inspectors evaluating new builds for compliance with its "Major Portion Requirement," better known informally as "The 51% Rule." New rules for homebuilt airplanes followed fairly quickly (by FAA standards), but inspectors evaluating rotorcraft, weight-shift aircraft and powered parachutes were instructed to use the old, vague, generic fabrication and assembly task checklist for these classes until new checklists were created for them, too.

That created a huge grey area, and resulted in a gamble for builders going before their individual inspectors and FSDOs. The choices were to either build from a kit grandfathered on the FAA's old 51% List, or hope you didn't spend years and thousands of dollars building an aircraft which would be denied an airworthiness certificate based on a local interpretation.

That vagueness appears to finally be resolved. Tom Milton, a PRA Director and FAA Designated Airworthiness Inspector, announced today that the FAA has issued new guidelines to inspectors which are to be used to evaluate whether new amateur-built rotorcraft being submitted for inspection meet the requirement that a major portion of fabrication and assemble tasks have been performed by amateurs. (Also known as "The 51% Rule.")

Milton, posting on a rotorcraft forum says, in part: "It looks like the long awaited gyro checklist has arrived without a wimper. Greg Gremminger, myself and others...were asked to make a prototype checklist for gyros and we did. I believe we left off some time ago with the hint that it might be approved by October 2011. It looks like it has been approved..."

Regarding the uncertainty which has plagued builders about local interpretation, Milton suggests, "this is a nearly bullet proof method of assuring 51% compliance. The checklist, along with pictures and dates would be hard to top for a Builder's Log."

The FAA's new checklist document were posted October 21, but apparently, the FAA did not notify DARs at the time. They will be expected to begin using the new checklist immediately, which means builders will need to use it, too, to make sure they qualify for an EAB airworthiness certificate.
 
Find the FAA document using the FMI link below, and scroll to the bottom to find links to the new checklists for Helicopters, Gyrocopters (sic), Weight Shift and Powered Parachute, in downloadable PDF form.

FMI: www.faa.gov/aircraft/gen_av/ultralights/amateur_built/kits/