Document
11/ 29 /22 1. This order defines the policy and procedures for the National Kit Evaluation Team (NKET) and establishes a standard methodology to evaluate amateur-built aircraft kits. It also describes the selection and orientation of team members, the process for requesting an aircraft kit evaluation, the conduct of evaluations, and the reporting and records maintenance requirements.
2. The goal of the NKET is to ensure that amateur-built aircraft kit evaluations are performed in accordance with national policy. The purpose of the kit evaluation is to determine if an aircraft kit allows an amateur builder to meet the major portion requirement of Title 14, Code of Federal Regulations, part 21, Certification Procedures for Products and Articles, 21.191(g).
Digitally signed by VICTOR W WICKLUND Date: 2022.11.29 15:42:54 -08'00' Victor Wicklund Acting Director, Policy & Innovation Division Aircraft Certification Service 11/ 29 /22 8130.35C Table of Contents Paragraph Page Chapter 1. General Information. ................................................................................... 1-1 1. Purpose of this Order ............................................................................................. 1-1 2. Audience ................................................................................................................ 1-1 3. Where Can I Find This Order? .............................................................................. 1-1 4. What This Order Cancels ...................................................................................... 1-1 5. What the NKET Does and Does Not Do ............................................................... 1-1 6. Reason for This Revision ...................................................................................... 1-1 Chapter 2. Policies and Procedures. .............................................................................. 2-1 1. General .................................................................................................................. 2-1 2. NKET Members .................................................................................................... 2-1 3. Request for Kit Evaluation .................................................................................... 2-2 4. Documentation ...................................................................................................... 2-3 5. Evaluations ............................................................................................................ 2-3 6. Records Management ............................................................................................ 2-7 7. Revised Listing of Amateur Built Aircraft Kits .................................................... 2-7 8. Amateur Built Aircraft Fabrication and Assembly Checklists .............................. 2-7 Chapter 3. Administrative Information. ....................................................................... 3-1 1. Distribution. ........................................................................................................... 3-1 2. Authority to Change This Order. ........................................................................... 3-1 3. Deviations. ............................................................................................................. 3-1 4. Suggestions for Improvements. ............................................................................. 3-1 5. Records Management ............................................................................................ 3-1 Appendix A. Definitions ..................................................................................................... A-1 Appendix B. Sample Letters and Forms .......................................................................... B-1 Appendix C. FAA Form 1320-19, Directive Feedback Information .............................. C-1 ii 11/ 29 /22 8130.35C List of Figures Figure Page B-1. Sample Letter, Aircraft Kit Meets the Intent of 14 CFR 21.19(g) ...................... B-1 B-2. Sample Letter, Aircraft Kit Does Not Meet the Intent of 14 CFR 21.19(g) ........ B-2 C-1. Directive Feedback Information, FAA Form 1320-19 (08/21) ............................. C-1 iii 8130.35C 11/ 29 /22 Chapter 1. General Information 1. Purpose of This Order. This order defines the policy and procedures of the Federal Aviation Administration (FAA) Amateur-Built Aircraft National Kit Evaluation Team (NKET).
This order describes the use of the NKET when evaluating an amateur-built aircraft kit at the kit manufacturer’s facility or place of distribution for the following purposes: a. The evaluation of newly developed kits.
b. The reevaluation of previously evaluated kits with design changes (derivative kits) that may affect the fabrication and/or assembly percentage totals of the amateur builder.
c. The reevaluation of previously evaluated kits that the FAA determined(s) may not meet the major portion requirement of Title 14 of the Code of Federal Regulations (14 CFR) part 21, Certification Procedures for Products and Articles, 21.191(g).
Note 1: The use of the word “should” throughout this order refers to a recommended practice.
The associated activity is not a requirement; therefore, a record of completion is not required.
Note 2: The use of the word “manufacturer” throughout this order refers to an amateur-built aircraft kit manufacturer/company that produces a kit for sale to the public and does not refer to the amateur builder who uses the kit to construct an aircraft.
2. Audience. FAA personnel, designees, aircraft kit manufacturers, and amateur-built aircraft builders.
3. Where to Find This Order. You can find this order on the FAA web site at http://www.faa.gov/regulations_policies/orders_notices / and the FAA’s Dynamic Regulatory System (DRS) website at https://drs.faa.gov .
4. What This Order Cancels. This order cancels FAA Order 8130.35B, Amateur-Built Aircraft National Kit Evaluation Team , dated 6/19/2013.
5. What the NKET Does and Does Not Do. The NKET evaluates aircraft kits to determine if they, as manufactured, allow an amateur builder to meet the major portion requirement of 14 CFR 21.191(g). The NKET does not certify, approve, or recommend aircraft kits for airworthiness certification.
6. Reason for This Revision. This revision makes minor content changes to the order to transfer responsibility for managing the NKET program to the FAA’s Central MIO Branch, AIR-880.
1-1 8130.35C 11/ 29 /22 Chapter 2. Policies and Procedures 1. General. The System Oversight Division (AIR-800) is responsible for the overall management and conduct of the NKET. The Aircraft Certification Service’s Policy and Innovation Division (AIR-600) is responsible for updating the FAA Amateur-Built Aircraft Kits web page including the Revised Listing of Amateur-Built Aircraft Kits, the Amateur-Built Kits Checklists and Eligibility Letters, and the Amateur-Built Fabrication and Assembly Checklists for use by the NKET and the flying public.
2. NKET Members.
a. Selection.
(1) The NKET is composed of members with experience in the evaluation and airworthiness certification of amateur-built aircraft.
(2) AIR-880 (Central MIO Branch) will identify personnel to lead the NKET evaluation team.
(3) NKET member positions are filled from the three MIO Branches as needed. Each Branch identifies 2 FAA personnel for assignment as NKET team members.
(4) Vacancies are replaced by qualified personnel from the Branch to which the departing member was assigned. The AIR-880 Manager (or designee) may reject a proposed nominee.
(5) The NKET lead will maintain the NKET member roster.
b. Orientation.
(1) The NKET lead is responsible for — (a) Maintaining the member orientation briefing (PowerPoint presentation), and (b) Maintaining orientation, attendance, and evaluation completion records for items listed in Chapter 2, paragraphs 2.b.(2)(a) through (e) below.
(2) Before conducting an NKET evaluation, each team member must — (a) Become knowledgeable about the requirements of this order, (b) Attend an orientation briefing, from the NKET Lead, (c) Participate in a preliminary evaluation review of a manufacturer’s aircraft kit documentation, 2-1 8130.35C 11/ 29 /22 (d) Participate in an onsite evaluation of a manufacturer’s aircraft kit, and (e) Participate in the post evaluation process established to finalize the evaluation effort.
3. Request for Kit Evaluation.
a. Request for a Kit Evaluation Within the United States. Manufacturers may submit a request for an aircraft kit evaluation for many reasons, including those found in Chapter 1, paragraph 1 of this order. A request for reevaluation is not required for new owners of companies that produce a kit(s) previously evaluated and currently posted to the Revised Listing of Amateur-Built Aircraft Kits located on the FAA website. The NKET will consider requests for a kit evaluation only from manufacturers of amateur-built aircraft kits. Requests from kit distributors or dealers are not accepted.
(1) The NKET evaluates only those kits for which the manufacturer has submitted a letter (verbal requests are not accepted) requesting an aircraft kit evaluation. The letter or e-mail should be submitted to the following address: Aircraft Certification Service System Oversight Division Central MIO Branch 10101 Hillwood Parkway Fort Worth, TX 76177 ATTN: National Kit Evaluation Team Lead E-mail: 9-AVS-AIR880@faa.gov (2) All requests for kit evaluations must include the following: (a) Manufacturer name and address, (b) Point of contact, (c) Primary and alternate phone numbers, (d) Address of requested inspection location, (e) Date of kit availability (minimum 8 weeks from date of request), (f) Kit name and type (for example, Starship 2/airplane, helicopter), and (g) Kit model number or other specific identifier.
b. Request for a Kit Evaluation Outside the United States. In some cases, foreign manufacturers produce amateur-built kits for sale in the United States. The NKET will not perform kit evaluations from outside the United States. However, the NKET may perform a kit 2-2 8130.35C 11/ 29 /22 evaluation if the foreign manufacturer submits a written request, has a distributor located within the United States, and the manufacturer authorizes the distributor to act as their agent for the purposes of conducting the evaluation at a U.S. location. The foreign kit manufacturer’s representative will need to display the complete aircraft kit at the distributor’s U.S. location.
All of the requirements of this order apply to any kit evaluation of foreign manufactured amateur-built kits for sale in the United States.
4. Documentation: a. Aircraft Kit Documentation. Requesting manufacturers must provide their aircraft kit documentation to the FAA in English. Documentation must reflect the nature and scope of the aircraft design and include the following: (1) The aircraft’s construction, and weight and balance information, (2) The exact configuration as sold, (3) Photographs, drawings, detailed parts listings, builder instructions, and other design, fabrication, and assembly information, as listed by the current revision level, and (4) Any requirements for special tooling, processes, or commercial assistance.
Note : Kits lacking this documentation will not be considered for evaluation.
b. Sending Kit Documentation. Kit documentation may be sent either electronically (preferred), by conventional mail, or by shipping service. All hard copy documentation must be provided in three complete and identical sets. Hard copy documents will not be returned to the manufacturer. The manufacturer is responsible for all document shipping costs.
c. Receipt of Kit Documentation. The NKET lead verifies by email or by phone to the manufacturer that the required kit documentation has been received and is complete. If the information is insufficient or, if sent by hard copy, is incomplete or not identical, the NKET lead must advise the kit manufacturer that the process cannot proceed until the issue is resolved.
5. Evaluations.
a. Preliminary Evaluation. The preliminary evaluation consists of a kit documentation review, determination of the kit’s complexity, the identification and use of any technical or professional assistance, and a determination of the number of NKET members required to conduct the onsite evaluation. The NKET lead maintains overall responsibility for the conduct of all preliminary evaluations.
(1) Two NKET members are required to conduct an NKET evaluation. The selected NKET members conduct the preliminary evaluation using the manufacturer’s kit documentation.
Once completed, the members who conducted the preliminary evaluation will develop a recommendation for further evaluation and electronically forward it to the NKET lead. Three outcomes from the preliminary evaluation are possible: 2-3 8130.35C 11/ 29 /22 (a) The members may find that the kit documentation meets the requirements of Chapter 2, paragraph 4 of this order and recommend proceeding with an on-site evaluation.
The NKET lead (or designee) provides the results of the preliminary evaluation to the NKET Branch Manager (or designee), who must provide written approval to proceed with the onsite evaluation.
(b) The members may determine the kit documentation submitted by the kit manufacturer is inadequate to proceed with the preliminary evaluation. If, in the opinion of the members, the deficiencies are minor, the members may contact the manufacturer who may then submit corrected or additional information to satisfy the members. If the deficiencies are major, a comprehensive list of the deficiencies must be forwarded to the NKET lead. The NKET lead must advise the manufacturer by letter of the deficiencies noting that the NKET process cannot proceed until all deficiencies are corrected to the satisfaction of the members performing the preliminary evaluation.
(c) The members may conclude that a new kit’s design, builder’s instructions, and other criteria share a majority of features with, and are closely related to the design of a similar kit produced by the manufacturer. If that similar kit was previously evaluated by the NKET and added to the FAA Revised Listing of Amateur-Built Aircraft Kits, the members may recommend that an on-site evaluation may not be necessary to determine the kit’s eligibility for “major portion.” The NKET lead either concurs or does not concur and forwards the information and recommendation to the NKET Branch Manager. If the NKET Branch Manager agrees that an on-site evaluation is unnecessary to determine a kit’s eligibility, the NKET lead works with the manufacturer and the members to produce an Amateur-Built Fabrication and Assembly Checklist for the new kit. The new kit checklist must be based on the checklist completed during the evaluation of the closely related kit used for the recommendation, and the differences with the new kit ascertained during the preliminary evaluation. The NKET lead then submits the derived checklist and eligibility letter to his/her Branch Manager, in accordance with the requirements of Chapter 2, paragraph 5.c. of this order.
(2) Upon successful completion of the preliminary evaluation and NKET Branch Manager’s approval to proceed with the on-site evaluation, the NKET lead – (a) Contacts the kit manufacturer to coordinate the onsite evaluation as required. The NKET lead considers the manufacturer’s request and determines if the onsite evaluation can be conducted within the timeframe requested. If there is a conflict, the NKET lead will contact the manufacturer and coordinate an alternate onsite evaluation date.
(b) Contacts the member(s) who conducted the preliminary evaluation and confirms their availability for the onsite evaluation. The NKET member(s) conducting the onsite evaluation will coordinate final details with their respective Manager and the manufacturer.
Note : An onsite evaluation must not be scheduled or conducted unless a complete kit is available for evaluation by the NKET in the exact configuration (including documentation) that will be supplied to amateur builders.
2-4 8130.35C 11/ 29 /22 b. Onsite Evaluation. The onsite evaluation is a comprehensive evaluation of the aircraft kit components and construction procedures. NKET members conduct the evaluation at the kit manufacturer’s or distributor’s location. All of the preliminary evaluation requirements in Chapter 2, paragraph 5.a. of this order must be completed before conducting the onsite evaluation. The NKET lead maintains overall responsibility for the conduct of all onsite evaluations.
(1) The NKET lead is not required to attend all onsite evaluations. If not attending, the NKET lead will identify one NKET member as the field lead for a specific onsite evaluation.
The field lead is responsible for the overall onsite evaluation process. The field lead will brief the manufacturer per Chapter 2, paragraph 5.b.(3) and (8) below, coordinate all issues during the onsite evaluation, consolidate the required evaluation results, and forward all information to the NKET lead.
(2) NKET members conducting the onsite evaluation should be the same members who conducted the preliminary evaluation. If one of the members who conducted the preliminary evaluation is unable to attend the onsite evaluation, a replacement member may be chosen. The replacement member must review all details of the preliminary evaluation before arriving at the manufacturer’s or distributor’s location to perform the onsite evaluation.
(3) Before beginning the onsite evaluation, the field lead will conduct an in-brief with the kit manufacturer’s representatives. The in-brief format includes the following: (a) Introduction of NKET members, (b) Confirmation of the aircraft model kit to be evaluated, (c) Description of the evaluation process, (d) Outline of the NKET requirements to conduct the evaluation, and (e) Ensuring the kit manufacturer’s representatives understand that the results of the onsite evaluation cannot be released until approved by NKET Lead Branch Manager.
Manufacturers will be notified by letter per Chapter 2, paragraph 5.c.(3) of this order.
(4) The NKET will conduct the onsite evaluation using the applicable Amateur-Built Aircraft Fabrication and Assembly Checklist, as described in Chapter 2, paragraph 2.8. The kit documentation provided for the onsite evaluation must be identical to the documentation supplied for the preliminary evaluation. Discrepancies must be resolved with the manufacturer before continuing the evaluation.
(5) The field lead must immediately advise the NKET lead of any onsite evaluation issues that cannot be resolved at the manufacturer’s or distributor’s facility.
(6) The NKET lead must be notified at the earliest opportunity if the field lead anticipates the onsite evaluation will take longer than 3 days.
2-5 8130.35C 11/ 29 /22 (7) The onsite evaluation is complete when all kit information is fully evaluated and all sections of the applicable Amateur-Built Aircraft Fabrication and Assembly Checklist have been completed. The evaluation allows the FAA to determine if an amateur builder who buys the kit and follows the manufacturer’s instructions may meet the major portion requirement of 14 CFR 21.191(g).
(8) After completing the onsite evaluation, the field lead will conduct an out brief with the kit manufacturer’s representatives. The out-brief format includes the following: (a) Discussing aircraft kit issues identified by the NKET, (b) Discussing any NKET questions or issues raised by the manufacturer, and (c) Informing the manufacturer’s representative that notification of the evaluation results will be sent by letter from the NKET Lead Branch Manager.
(9) As soon as practicable after the onsite evaluation, the field lead contacts the NKET lead with the results of the evaluation. The field lead verifies all pertinent evaluation information (for example, the completed Amateur-Built Aircraft Fabrication and Assembly Checklist, inspection highlights, difficulties, and observations) and forwards this information to the NKET lead at the address provided in Chapter 2, paragraph 3.a.(1) of this order.
c. Post Evaluation. The NKET post evaluation process finalizes the evaluation effort and recognizes a kit’s potential toward meeting the intent of 14 CFR 21.191(g). Requirements include review and verification of the completed Amateur-Built Aircraft Fabrication and Assembly Checklist, preparation and approval of the notification of the evaluation results to the manufacturer, addition of the kit name to the FAA website as appropriate, kit documentation disposition, and file maintenance and control of the evaluation records. The NKET lead has primary responsibility for post evaluation requirements and procedures.
(1) When all documentation from the onsite evaluation is received, the NKET lead will verify the results of the applicable Amateur-Built Aircraft Fabrication and Assembly Checklist.
To the extent possible, any unresolved issues with the results should be resolved among the members who conducted the onsite evaluation and the NKET lead.
(2) When all checklist results are verified, the NKET lead prepares the completed evaluation results for the Branch Manager (or designee) review, approval, and signature.
Evaluation results include: (a) A memorandum containing inspection highlights, difficulties, observations, and a recommendation based on the completed Amateur-Built Aircraft Fabrication and Assembly Checklist results, (b) A letter to the manufacturer (refer to figure B-1 or figure B-2 of this order) indicating a determination of whether the evaluated kit may or may not allow an amateur builder to meet the major portion requirement of the regulation, and 2-6 8130.35C 11/ 29 /22 (c) A copy of the completed Amateur-Built Aircraft Fabrication and Assembly Checklist.
(3) The NKET Branch Manager notifies the manufacturer of the evaluation results by letter (refer to Chapter 2, paragraph 5.c.(2)(b) of this order).
(4) After determination that the kit meets all appropriate requirements and is approved, the NKET lead (or designee) submits the evaluated kit and the completed checklist to AIR-632 for posting to the Revised Listing of Amateur-Built Aircraft Kits on the FAA website (refer to Chapter 2, paragraph 8 of this order).
(5) The NKET lead (or designee) ensures that all evaluation documents are consolidated and filed in accordance with Chapter 2, paragraph 7 and appendix C to this order.
6. Records Management. All forms and records relevant to the aircraft kit evaluation process must be consolidated and filed in accordance with the FAA records control process.
a. Evaluation Information. The NKET lead maintains the following evaluation information.
(1) The original evaluation request from the manufacturer.
(2) A copy of all documents that were sent to the manufacturer.
(3) A copy of the completed Amateur Built Aircraft Fabrication and Assembly Checklist completed during the kit evaluation.
b. Aircraft Kit Documentation. The MIO Branch involved in conducting the evaluation will maintain one complete set of the aircraft kit documentation used during the evaluation. Any remaining manufacturer aircraft kit documentation should be considered proprietary and be properly disposed of per the current version of FAA Order 1350.14 Records Management .
7. Revised Listing of Amateur-Built Aircraft Kits. Kits evaluated as meeting the intent of the major portion requirement of 14 CFR 21.191(g) are added to the Revised Listing of Amateur-Built Aircraft Kits located on the FAA website. AIR-632 is responsible for adding evaluated kits to the list. The NKET lead ensures that all information added to or deleted from the Revised Listing of Amateur-Built Aircraft Kits is accurate.
8. Amateur-Built Aircraft Fabrication and Assembly Checklists. All current Amateur-Built Aircraft Fabrication and Assembly Checklists authorized for use during NKET kit evaluations (and to determine major portion at time of airworthiness inspections) are located on the FAA public website.
2-7 8130.35C 11/ 29 /22 Chapter 3. Administrative Information 1. Distribution. This order is distributed to all divisions of the Aircraft Certification Service and to the Flight Standards Service.
2. Authority to Change This Order . The issuance, revision, or cancellation of the material in this order is the responsibility of the Aircraft Certification Service, Policy and Innovation Division (AIR-600).
3. Deviations. Adherence to the procedures in this order is necessary for uniform administration of this directive material. Any deviations from this guidance material must be coordinated and approved by the Aircraft Certification Service, Production and Airworthiness Division, AIR-600. If a deviation is necessary, the FAA employee involved should ensure that the deviations are substantiated, documented, and concurred with by the appropriate supervisor.
The deviation must be submitted to AIR-600 for review and approval. The limits of federal protection for FAA employees are defined in § 2679 of Title 28 of the United States Code.
4. Suggestions for Improvements. Please forward all comments on deficiencies, clarifications, or improvements regarding the contents of this order to: a. The AIR Directives Management Officer (DMO) via email at 9-AWA-AVS-AIR - DMO@faa.gov , or b. The FAA Directive Feedback System at https://ksn2.faa.gov/avs/dfs/Pages/home.aspx .
Your suggestions are welcome. FAA Form 1320-19, Directive Feedback Information, is located in Appendix D for your convenience. If you require an immediate interpretation, please contact AIR-600 at (202) 267-1575; however, you should also complete Form 1320-19 as a follow-up to the conversation.
5. Records Management. Refer to the current versions of FAA Orders 0000.1, FAA Standard Subject Classification System and 1350.14, Records Management , or see your office Records Management Officer (RMO)/Directives Management Officer (DMO) for guidance regarding retention or disposition of records.
3-1 8130.35C 11/ 29 /22 Appendix A Appendix A. Definitions This order uses the following definitions: 1. Amateur Builder. A builder(s) who fabricates and assembles the major portion of an aircraft with the intent of obtaining an experimental aircraft airworthiness certificate.
2. Amateur-Built Aircraft. An aircraft in which the major portion has been fabricated and assembled by a person(s) who undertook the construction project solely for their own education or recreation (sometimes referred to as home-built aircraft).
3. Amateur-Built Aircraft Fabrication and Assembly Checklist. An aid used by the FAA in determining if a manufacturer’s aircraft kit meets the major portion requirement of 14 CFR 21.191(g).
4. Amateur-Built Aircraft Kit Manufacturer. A person or organization that produces aircraft kits for purchase by amateur builders.
5. Commercial Assistance. Assistance provided in fabricating or assembling amateur-built aircraft in exchange for cash, services, or other tender. This does not include one builder helping another without compensation, or the use of commercially produced products and articles such as engines, engine accessories, propellers, rotor blades, rotor hubs, tires, wheel and brake assemblies, instruments, and standard aircraft hardware, including pulleys, bell cranks, rod ends, bearings, bolts, rivets, or hot air balloon burners/fuel tanks.
6. Fabricate. To perform work on any article such as layout, bending, countersinking, straightening, cutting, sewing, gluing/bonding, layup, forming, shaping, trimming, drilling, deburring, machining, applying protective coatings, surface preparation and priming, riveting, welding, or heat treating, and transforming the article toward or into its finished state.
7. Major Portion. The fabrication and assembly of more than 50 percent of the aircraft (also known as the “51-percent rule”).
8. National Kit Evaluation Team (NKET). A team of FAA personnel with extensive experience in the evaluation and airworthiness certification of amateur-built aircraft.
9. NKET Evaluation. A courtesy evaluation by the FAA’s National Kit Evaluation Team (NKET) for the purpose of determining if specific aircraft kits, as manufactured, may allow an amateur builder to meet the major portion requirement of 14 CFR 21.191(g).
A-1 8130.35C 11/ 29 /22 Appendix B Appendix B. Sample Letters and Forms Figure B-1. Sample Letter, Aircraft Kit Meets the Intent of 14 CFR 21.191(g) B-1 8130.35C 11/ 29 /22 Appendix B Figure B-2. Sample Letter, Aircraft Kit Does Not Meet the Intent of 14 CFR 21.191(g) B-2 8130.35C Appendix C Appendix C. Directive Feedback Information Figure C-1 – Directive Feedback Information, FAA Form 1320-19 C-1