Before you comment, and I suggest every one
does, read http://www.regulations.gov/#!documentDetail;D=FAA-2014-0463-0001
the crux being:
“Use of
Hangars for Fabrication and Assembly of Aircraft
While
building an aircraft results in an aeronautical product, the FAA has not found
all stages of the building process to be aeronautical for purposes of hangar
use. A large part of the construction process can be and often is conducted
off-airport. Only when the various components are assembled into a final
functioning aircraft is access to the airfield necessary.
In
Ashton v. City of Concord, NC, (3) the
complainant objected to the airport sponsor's prohibition of construction of a
homebuilt aircraft in an airport T-hangar. The decision was based on a FAA
determination that aircraft construction is not per se an aeronautical activity. While final stages of
aircraft construction can be considered aeronautical, the airport sponsor
prohibited this level of maintenance and repair in T-hangars but provided an
alternate location on the airport. The FAA found that the airport sponsor's
rules prohibiting maintenance and repair in a T-hangar, including construction
of a homebuilt aircraft, did not violate the sponsor's grant assurances.
There
have been industry objections to the FAA's designation of any aircraft
construction stages as non-aeronautical. While the same principles apply
generally to large aircraft manufacturing, compliance issues involving aircraft
construction have typically been limited to homebuilt aircraft construction at
general aviation airports. Commercial aircraft manufacturers use dedicated,
purpose-built manufacturing facilities, and questions of aeronautical use for
these facilities are generally resolved at the time of the initial lease. In
contrast, persons constructing homebuilt aircraft sometimes seek to rent
airport hangars designed for storage of operating aircraft and easy access to a
taxiway, even though it may be years before a homebuilt aircraft kit will be
able to take advantage of the convenient access to the airfield.
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.”
I can well understand this problem. My
airport has several totally non-aeronautical businesses on airport. But to tell
me building an experimental airplane is not aeronautical - is absurd. So this
policy must be addressed so everyone can understand what is meant by
aeronautical as my homebuilt can not be used for anything other than
aeronautical functions even if it isn’t flying.
I’m amazed at the ignorance of our
politicians and bureaucrats. Let me say that another way. Politicians and
bureaucrats are citizens without specific knowledge and skills.
Saying all this, I realize GA airports are
not for (designed to be used for) non-aviation activities. So the problem.
Surely our rulemakers can be more intelligent in getting these issues
addressed. It is good that we have the opportunity to have a say.
BTW, if my airplane is in non-operational
condition, should I move it from the hangar to … where?
The best place in many places to get
aeronautical knowledge is around airports.
Jim
From: Lancair Mailing
List [mailto:lml@lancaironline.net] On Behalf
Of Sky2high@aol.com
Sent: Sunday, August 03, 2014
11:30 AM
To: Lancair Mailing List
Subject: [LML] FAA says hangars no
place for homebuilders
FAA
Says Hangars No Place For Homebuilders
|
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.
|
With respect to experimental aircraft
building, this is stupid on the face of it. The FAA is
supposedly concerned about aviation safety yet, they will force builders to
work in their mushroom cellar without any immediately available advice of other
builders, pilots or aircraft shops located at their airport. The FAA
apparently no longer has objectives of promoting GA or safety.
PS Please consider making comments to FAA
as outlined above. Do not mention your own airport because the data might
be used by FA enforcement.
PPS Uh, Final Assembly starts when first
part is built/assembled.