February 18, 2008:  Many builders have recently learned about the Federal Aviation Administration's (FAA) announced moratorium on new additions to the "51-percent approved list."  As the Experimental Aircraft Assoc. (EAA) website clarifies, the temporary suspension applies to the FAA's "customary practice of providing to aircraft kit manufacturers and builders courtesy evaluations of new kits’ compliance with the 51 percent requirement" and does not mean that the FAA is ceasing to conduct airworthiness certifications.

As published in the Federal Register (February 15, 2008), the notice "announces the temporary suspension of courtesy amateur-built aircraft kit evaluations that have been provided by the FAA" and states that "Although kit evaluations have been suspended, amateur-built kit manufacturers may continue to develop, manufacture, market and sell their aircraft kits. Airworthiness certifications conducted by the FAA in response to requests from amateur-builders for their individually fabricated and constructed aircraft will continue."

Background:  This temporary suspension of new amateur-built kit evaluations coincides with the FAA's Final Report by the Amateur Built Aircraft Aviation Rulemaking Committee (ARC), which addresses the use of commercial builder centers, and concludes (in part) that the forms currently used by the FAA to evaluate kits are out of date and that the evaluation process is not standardized.  The FAA is working on new policies to correct these deficiencies, and will make all documents available for review and comment prior to publication.

Sebastien Heintz, president of Zenith Aircraft Co., stated:  "This moratorium does not effect amateur builders of Zenith Aircraft kits.  Many of the ARC report recommendations are long overdue, and will help to create clearer and more modern rules governing the assembly and operation of Amateur-Built Aircraft."