The FAA says most of the work involved in building an airplane is
a "non-aeronautical use" and it has singled out homebuilders in a new
proposed policy statement issued July 22. Policy on the Non-Aeronautical Use Of Airport Hangars
(https://www.federalregister.gov/articles/2014/07/22/2014-17031/policy-on-the-non-aeronautical-use-of-airport-hangars#h-13)
says homebuilders will have to build the components of their projects
elsewhere and can only move to a hangar for final assembly. Comments are
being accepted until Sept. 5 and can be submitted
online (http://www.regulations.gov/#!home)
citing docket number FAA-2014-0463. The agency has devoted a
separate section in the proposed policy to explaining its stand. The
essence is that the principal role of a hangar is to supply enclosed
storage for aircraft to give ready access to the runway. The FAA's
argument is that bucking rivets on a wing doesn't require a runway so it's
not an aeronautical use. It also says the policy has always been in force.
"The FAA is not proposing any change to existing policy other than to
clarify that final assembly of an aircraft, leading to the completion of
the aircraft to a point where it can be taxied, will be considered an
aeronautical use," the proposed policy says. EAA is aware of the proposed
policy and staff are assessing it.
The new policy statement is the result of stepped-up enforcement of the
rules regarding uses of airport hangars. In dozens of audits conducted
over the past two years, the agency has found hangars crammed with just
about everything but airplanes. Household goods, cars, even non-aviation
related businesses have been discovered. The FAA says that because federal
funds are used to build and maintain airports, the use of airport
facilities for non-aeronautical uses amounts to a subsidy for those uses.
In some cases the city or county responsible for the airport was the
violator. Auditors found police cars and other municipal assets tucked
safely away in airport hangars. The proposed policy will also
clarify the incidental storage of non-aeronautical items in hangars,
meaning that a couch and a beer fridge will probably be safe from the
feds.