12 Figure 3 — Getting Your Operating Limitations FAA Inspect the aircraft, if we choose to issue amateur-built Phase I operating limitations on a one-time basis for determining compliance with § 91.319(b) and continued operation under § 21.191(g).
È FAA Prescribe Phase I and Phase II operating limitations in accordance with Order 8130.2. Prescribe Phase I operating limitations appropriate for the applicant to show the aircraft is controllable throughout its normal range of speeds and maneuvers and that the aircraft has no hazardous operating characteristics or design features.
È Applicant Fly the aircraft over water or sparsely populated areas with light air traffic in accordance with § 91.305, Flight test areas.
È Applicant Complete the flight test period.
È Applicant Endorse the aircraft logbook with a statement that you have complied with the requirements of § 91.319(b).
È Applicant Operate your aircraft in accordance with Phase II operating limitations.
b. Issuance of a Limited Duration Airworthiness Certificate and Operating Limitations. Due to unique or special situations, an FAA inspector may issue a limited duration airworthiness certificate, which is valid only for flight testing (Phase I). When you satisfactorily complete all flight test maneuvers and required flight test hours, you may apply to the local FAA office for amending the airworthiness certificate and operating limitations.
(1) How to Apply. Submit another FAA Form 8130-6 and a letter requesting amendment of the airworthiness certificate and operating limitations.
(2) Issuing the Amended Airworthiness Certificate and Operating Limitations. After you complete the Phase I flight test period and before we issue the amended airworthiness certificate and Phase II operating limitations, we will review the flight log to determine whether you have taken corrective action on any problems found during the flight testing and whether the aircraft’s condition for safe operation has been established under § 91.319. We also may reinspect the aircraft.
c. Refusal to Issue an Airworthiness Certificate. We do not certify amateur-built aircraft designs or require that you modify the design before airworthiness certification. However, we may deny airworthiness certification if when we inspect your aircraft, we find it does not meet the requirements for the certification you request or is not in a condition for safe operation. If we deny your certification request, we will send you a letter stating why we denied it. We will put a copy of the letter in your aircraft record in the FAA Aircraft Registry office. Reference § 21.193(c) and Order 8130.2 for more information.
13. PHASE I FLIGHT TESTING.
a. Flight Tests. Section 91.319(b) requires you to show your aircraft is controllable at all its normal speeds during all the maneuvers you might expect to execute. You must also show it has no hazardous operating characteristics or design features.
b. Number of Flight Test Hours. The number of hours depends on your aircraft’s characteristics.
See the following table for specific requirements. The FAA inspector may decide you need additional hours of flight testing beyond those shown in the table to comply with § 91.319(b).
Aircraft Characteristics Required Flight Testing Type-certificated engine/propeller combination 25 hours Non-type-certificated engine/propeller combination 40 hours Gliders, balloons, dirigibles, and ultralight vehicles eligible for FAA certification 10 hours, including five takeoffs and landings
c. Location. You may suggest the location of a flight test area to the FAA inspector. If the inspector approves your suggestion, they will specify it in your operating limitations. Usually, the flight test area should be within a 25-statute-mile radius from your aircraft’s base of operation. Under § 91.305, the flight test must be over open water or sparsely populated areas with light air traffic so it does not pose a hazard to persons or property on the ground. You can ask us to help you pick a suitable area to ensure adequate airspace for flight testing.
d. Procedures. See AC 90-89 for recommended flight testing procedures. We strongly recommend builders get a copy of this AC and follow its guidance. Also, the EAA will help its members in developing flight testing programs.
e. Restrictions.
(1) Carrying Passengers. You may not carry passengers while you are restricted to the flight test area or during any portion of your Phase I flight test program. We suggest you use a tape or video recorder for recording readings and other similar tasks. If you need an additional crewmember for a particular flight test, specify that in your application program letter for the airworthiness certificate.
We will list this need in your operating limitations.
(2) Flight Instruction. You may not receive flight instruction during your flight test.
(3) Operating Limitations. When we issue an unlimited duration special airworthiness certificate, the operating limitations may be prescribed under the guidelines in Order 8130.2. The purpose of the operating limitations is for you to show and maintain compliance with § 91.319. The operating limitations include a requirement for you to endorse the aircraft maintenance record (logbook) with a statement certifying the aircraft has been shown to comply with that section. The limitations may vary for some aircraft, and we may issue additional limitations in unusual conditions in the interest of safety. We will review the limitations with you to make sure you thoroughly understand each one.
14. CONTINUING TO OPERATE YOUR AMATEUR-BUILT AIRCRAFT.
a. After you complete all required flight tests, hours, and maneuvers, the aircraft is considered safe for continued flight. To continue operating your aircraft, you must follow the operating limitations issued with the aircraft airworthiness certificate.
b. You may not operate your aircraft without the airworthiness certificate and operating limitations aboard. If you lose the operating limitations or they are mutilated or no longer legible, contact your local FAA office for guidance or contact AFS-750 (see appendix 7 for the address) to obtain a copy of the operating limitations. If you cannot get a copy, ask your local FAA office to issue a replacement FAA Form 8130-7 and operating limitations. If you can document that the aircraft has completed the flight test requirements (through logbook entries), we may issue new operating limitations without initial flight test operating limitations.
c. You should be aware of the responsibilities for maintenance and recordkeeping.
15. BUILDING AND CERTIFYING AN AMATEUR-BUILT AIRCRAFT BUILT OUTSIDE THE UNITED STATES AND PURCHASED BY A U.S. CITIZEN.
a. U.S. Requirements for Getting an Airworthiness Certificate for an Amateur-Built Aircraft Built Outside the United States and Purchased by a U.S. Citizen. Contact your local FAA office to find out the exact steps to take to meet U.S. certification requirements. You will need to send the following:
(1) FAA Form 8130-6.
(2) A record of a condition inspection performed on the aircraft by the previous owner within a reasonable period of time (about 30 days) before you apply for certification. (Use 14 CFR part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration, appendix D, Scope and Detail of Items (as Applicable to the Particular Aircraft) To Be Included in Annual and 100 Hour Inspections, as a guide for the inspection.) Record the inspection in the aircraft records.
(3) Documentation obtained by the previous owner from the civil aviation authority of the country or jurisdiction of origin verifying the aircraft was originally certificated as an amateur-built experimental aircraft and that it meets the requirements of § 21.191(g).
(4) Proper documentation of registration under part 47.
(5) A letter of request for certification (see appendix 13).
b. FAA Inspection of an Amateur-Built Aircraft Built Outside the United States and Purchased by a U.S. Citizen. During our inspection of the aircraft, we will be following the procedures in figure 4, Procedures the FAA Uses to Complete the Inspection.
Figure 4 — Procedures the FAA Uses to Complete the Inspection Review your documentation.
È Determine whether the aircraft is eligible for amateur-built status.
È Advise you that the condition inspection on your aircraft can be performed only by the original builder who holds the repairman’s certificate for that aircraft or an FAA-certificated mechanic as authorized by § 43.3, Persons authorized to perform maintenance, preventive maintenance, rebuilding, and alterations, per the operating limitations.
È Inspect the aircraft the same as any other amateur-built aircraft.
È Determine whether the aircraft is eligible and the inspection is satisfactory.
È Yes È No Issue you FAA Form 8130-7 with appropriate operating limitations.
Possibly require flight testing.
c. Foreign Requirements and Procedures for an Amateur-Built Aircraft Built Outside the United States and Purchased by a U.S. Citizen. Many other civil aviation authorities recognize FAA regulatory requirements and certification procedures and in some cases have incorporated them into their certification process. However, some countries’ or jurisdictions’ requirements for certification may not meet FAA requirements. If you get an aircraft from one of those countries or jurisdictions, you may not be allowed to operate it in the United States under § 21.191(g).
d. Requirements and Procedures for a U.S. Citizen Building an Amateur-Built Aircraft Outside the United States. You should comply with the civil aviation authority rules in the country or jurisdiction where you wish to operate the aircraft. If you want to bring your aircraft into the United States, you will have to apply for a U.S. airworthiness certificate as described previously in paragraph 15.
16. BECOMING A REPAIRMAN OF YOUR AMATEUR-BUILT AIRCRAFT. You can get a repairman certificate under certain circumstances. However, the only privilege this certificate gives you under § 65.104 is to do the annual condition inspection. The certificate will be valid only for a specific person and a specific aircraft. The privileges and limitations in 14 CFR part 65, Certification: Airmen Other Than Flight Crewmembers, § 65.103, Repairman certificate: Privileges and limitations, do not apply to becoming this type of repairman (experimental aircraft builder). To get a certificate, apply to your local FAA office. See appendix 14 and AC 65-23, Certification of Repairmen (Experimental Aircraft Builders), for application information. You can get a certificate if you are—
a. The primary builder of your aircraft and can satisfactorily prove to us that you can determine whether the aircraft is in a condition for safe operation.
b. One of the builders of an amateur-built aircraft registered in a corporation’s name. The applicant should prove through use of the builder’s log that they can determine whether the aircraft is in a condition for safe operation.
17. SAFETY RECOMMENDATIONS.
a. Pilot Responsibilities. As a pilot, you should—
(1) Be thoroughly familiar with the aircraft, its engine and propeller operation, and ground handling characteristics, including operation of the brakes. You should test these operations by conducting taxi tests before attempting flight operations. You may not take off during taxi tests without an airworthiness certificate.
(2) Take precautions to ensure emergency equipment and personnel are readily available in the event of an accident, before the first flight of an amateur-built aircraft.
(3) Refrain from aerobatic maneuvers until you have enough flight experience to establish that the aircraft is satisfactorily controllable throughout its normal range of speeds and maneuvers. You should document in the aircraft logbook, flight test program log, or equivalent all satisfactorily conducted maneuvers.
b. Operating Limitations.
(1) The operating limitations require that you operate the aircraft under the applicable air traffic control and general operating rules of part 91. If you plan to operate under instrument flight rules (IFR), pay particular attention to the applicable requirements in part 91.
(2) The operating limitations will authorize all operations to be conducted (visual flight rules, day/night, and IFR). These operating limitations may state that the instruments and equipment mandated by § 91.205(b), (c), and/or (d), Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements, must be installed and operable.
In addition, these operating limitations may state flight test areas as defined in § 91.305.
c. Equipment.
(1) Unless you received deviation authority from air traffic control, if your aircraft has a Mode C transponder, the aircraft also must have a calibrated airspeed/static pressure system to prevent an error in altitude reporting. You should have the transponder tested and inspected under § 91.413, ATC transponder tests and inspections.
(2) Once your aircraft has been released from the flight test area, you must have an emergency locator transmitter aboard in accordance with § 91.207, Emergency locator transmitters. An aircraft with only one seat is exempt from this requirement according to § 91.207(f)(9).
17 (and 18)
d. Rotorcraft.
(1) If you intend to fly an aircraft with a fully articulated rotor system, be particularly cautious of ground resonance. If you maintain or allow this condition of rotor imbalance to progress, it can be extremely dangerous and may result in structural failure.
(2) As a rotorcraft pilot, you should complete tests showing that stability, vibration, and balance are satisfactory with the rotorcraft tied down before beginning hover, horizontal, or vertical flight operations.
18. GETTING THE PUBLICATIONS REFERRED TO IN THIS AC.
a. The CFR and those ACs for which a fee is charged may be obtained from the Superintendent of Documents at the following address. A listing of the CFR and current prices is located in AC 00-44, Status of Federal Aviation Regulations, and a listing of all ACs is located in AC 00-2, Advisory Circular Checklist.
Superintendent of Documents P.O. Box 371954 Pittsburgh, PA 15250-7954
b. To be placed on our mailing list for free ACs, contact— U.S. Department of Transportation Subsequent Distribution Office SVC-121.23 Ardmore East Business Center 3341Q 75th Avenue Landover, MD 20785
c. Our Web site is located at www.faa.gov.
19. SUBMITTING COMMENTS ABOUT THIS AC. Submit direct comments regarding this AC to the Production and Airworthiness Division, AIR-200, 800 Independence Avenue SW., Washington, DC 20591.
/s/ Frank P. Paskiewicz Manager, Production and Airworthiness Division, AIR-200
1 APPENDIX 1. DEFINITIONS RELEVANT TO THIS AC Amateur-Built Aircraft. Section 21.191(g) defines an amateur-built aircraft as an aircraft in which the major portion has been fabricated and assembled by a person(s) who undertook the construction process solely for his or her own education or recreation.
Commercial Help. Help with fabricating or assembling amateur-built aircraft for compensation. This does not include one person helping another without compensation.
Designated Airworthiness Representative (DAR). Within the context of this AC, a private person designated by the FAA to act on its behalf to inspect amateur-built aircraft and issue airworthiness certificates.
Experimental Aircraft Association (EAA) Technical Counselor. As defined by the EAA, EAA Technical Counselors provide overall mechanical help and pre-cover guidance to owners and builders.
FAA Inspector. Within the context of this AC, an aviation safety inspector or an authorized DAR.
FAA Office. Within the context of this AC, an FAA office with airworthiness certification authority.
These offices include flight standards district offices, manufacturing inspection district offices, certificate management offices, certificate management units, and manufacturing inspection satellite offices that may delegate the airworthiness inspection and certification of an amateur-built aircraft to a DAR.
Fabricate. To construct a structure or component from raw stock or materials.
Fireproof. Section 1.1 defines fireproof as the capacity of a material or part to withstand the heat associated with fire at least as well as steel in dimensions appropriate for the purpose for which it is used.
Kit-Built Aircraft. An aircraft constructed from a manufactured kit that may include some major subassemblies and/or preassembled components. This description does not include primary category aircraft as defined in § 21.184.
Major Portion. When the aircraft is completed, the majority of the fabrication and assembly tasks have been performed by the amateur builder. When you purchase a partially completed kit or aircraft, the major portion includes the construction efforts of the previous amateur builders.
Person. Section 1.1 defines person as an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity, including a trustee, receiver, assignee, or similar representative of any of them.
1 APPENDIX 2. 14 CFR PARTS RELATED TO THIS AC 14 CFR Part 1, Definitions and Abbreviations. Part 1 defines the words and terms used in subchapters A through K of chapter 1 of 14 CFR.
14 CFR Part 21, Certification Procedures for Products and Parts. Part 21 sets forth rules for the issuance of and change to type certificates, and issuance of production certificates, airworthiness certificates, and export airworthiness approvals. It also sets forth the rules governing the holders of these certificates and the approval of certain materials, parts, processes, and appliances.
14 CFR Part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration. Part 43 sets forth rules governing the maintenance, preventive maintenance, rebuilding, and alteration of aircraft having a U.S. airworthiness certificate, certain foreign-registered aircraft, and airframes, aircraft engines, propellers, appliances, and component parts of these aircraft.
14 CFR Part 45, Identification and Registration Marking. Part 45 sets forth rules for display of nationality and registration marks; display of special airworthiness classification marks; identification plates for aircraft, aircraft engines, and propellers; and identification of certain replacement and critical aircraft parts and components.
14 CFR Part 47, Aircraft Registration. Part 47 sets forth rules for registering aircraft.
14 CFR Part 65, Certification: Airmen Other Than Flight Crewmembers. Part 65 sets forth rules for the issuance of certain certificates and associated ratings for airmen other than flight crewmembers and the general operating rules for the holders of those certificates.
14 CFR Part 91, General Operating and Flight Rules. Part 91 sets forth rules governing the operation of most aircraft within the United States.
14 CFR Part 103, Ultralight Vehicles. Part 103 sets forth rules governing the operation of ultralight vehicles within the United States.
1 APPENDIX 3. PUBLICATIONS RELATED TO THIS AC AC 20-139, Commercial Assistance During Construction of Amateur-Built Aircraft. AC 20-139 explains the regulations and FAA policy for fabricating and assembling amateur-built aircraft.
AC 21-12, Application for U.S. Airworthiness Certificate, FAA Form 8130-6. AC 21-12 provides instructions for preparing and submitting FAA Form 8130-6.
AC 43.13-1, Acceptable Methods, Techniques, and Practices — Aircraft Inspection and Repair.
AC 43.13-1 describes the methods, techniques, and practices acceptable to the Administrator for the inspection and repair of nonpressurized areas of civil aircraft when there are no manufacturer repair or maintenance instructions.
AC 43.13-2, Acceptable Methods, Techniques, and Practices — Aircraft Alterations. AC 43.13-2 describes the methods, techniques, and practices acceptable to the Administrator for altering civil aircraft.
AC 45-2, Identification and Registration Marking. AC 45-2 describes one way, but not the only way, to comply with part 45.
AC 65-23, Certification of Repairmen (Experimental Aircraft Builders). AC 65-23 provides guidance to builders of experimental aircraft concerning certification as a repairman.
AC 90-89, Amateur-Built Aircraft and Ultralight Flight Testing Handbook. AC 90-89 sets forth suggestions and safety-related recommendations to help amateur and ultralight builders in developing individualized aircraft flight test plans.
FAA Order 8130.2, Airworthiness Certification of Aircraft and Related Products. Order 8130.2 establishes procedures for accomplishing original and recurrent airworthiness certification of aircraft and related products.
FAA Order 8130.30, Amateur-Built Designated Airworthiness Representatives. Order 8130.30 provides policy and guidance concerning new DAR qualification criteria for appointments limited to amateur-built airworthiness certification activities.