APPENDIX 1. - FAA order 8130.27  

EXPERIMENTAL CERTIFICATION REQUIREMENTS AND
OPERATING LIMITATIONS

1. GENERAL. This appendix contains information and guidance concerning airworthiness certification and establishing operating limitations for experimental aircraft certificated for the purpose(s) of research and development, exhibition and/or air racing.

2. CERTIFICATION REQUIREMENTS. The following steps are in the normal order of occurrence for the certification of these aircraft. a. Demilitarization of Former Military Aircraft. Former military aircraft should be demilitarized prior toapplication for airworthiness certification.It is not possible to define what the final configuration of these aircraft will be following this demilitarization. Therefore, since the demilitarization process will most likely involve a change to the aircraft configuration, FAA representatives should not consider an application for airworthiness certification unless demilitarization has been completed.
(1) It is the policy of the U.S. Department of Defense (DoD) that surplus U.S. military property designated as arms, ammunition, implements of war, and other military items will be demilitarized to the extent necessary to preclude the unauthorized use of these military items. The intent behind this DoD policy is to destroy the military advantages inherent in certain types of property, render harmless that property which is dangerous, and to protect the national interest. This DoD policy mandates that tactical, fighter, and bomber aircraft will be demilitarized to the extent that will render the aircraft not airworthy. This DoD policy is not applicable to military trainer, observation, or liaison aircraft. Additionally, DoD does release a limited number of tactical, fighter, and bomber aircraft for operation in R&D programs. Typically, these aircraft may only be demilitarized to the extent that classified equipment has been removed.

NOTE: This does not mean that all other U.S. surplus military aircraft should have been rendered not airworthy. For example, some U.S. military aircraft that were sold to other countries may be available for public sale.
These aircraft are subject to the import requirements that arelisted in paragraph 2a(2) of this appendix. Additionally, other aircraft may have been constructed from surplus parts.

(2) Former military aircraft imported from ANY other country require an import permit issued by the Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms (ATF). This is granted by ATF using an ATF Form 6, Application and Permit for Importation of Firearms, Ammunition and Implements of War. Additionally, theseformer military aircraft are required to be demilitarized in order to clear U.S. Customs. Compliance with demilitarization is evidenced by a completed ATF Form 6A, Release and Receipt of Imported Firearms, Ammunition and Implements of War. Proof of demilitarization will be verified if the applicant presents copies of the ATF Form 6 and ATF Form 6A that have been completed by
the appropriate Department of Treasury officials. If the applicant is unable to produce an ATF Form 6 or 6A, the FAA certificating office should contact the ATF Firearms and Explosives Import Branch to determine if copies of these forms are available for the particular aircraft. In cases where the ATF Forms 6 or 6A are not required or not available, the FAA certificating office manager will determine the extent of demilitarization necessary prior to airworthiness certification.

NOTE: Should there be any questions regarding ATF Forms 6 and 6A requirements, contact the ATF Firearms and
Explosives Import Branch, Department of Treasury, phone number (202) 927-8320. Any changes to this phone number will be provided on electronic mail to all offices.

b. Records Inspection.The FAA shall:
(1) Verify that the aircraft is properly registered in accordance with the requirements of 14 CFR part 47.
(2) Obtain from the applicant an FAA Form 8130-6,Application For Airworthiness Certificate, completed in accordancewith FAA Order 8130.2.
(3) Obtain from the applicant a program letter in accordance with § 21.193(a), setting forth the purpose(s) for which the aircraft will be used. The program letter must be specific as to the intended use under the purpose requested, including which airshows, air races, or exhibition activities (including dates and locations) that will be attended. In the case of a movie or television production, the date(s) and location(s) of these productions must be provided. The applicant's program letter should state a reasonable schedule of events to be attended, but should not list events that would obviously be impossible to attend, e.g., listing all airshows scheduled in the United States for the upcoming year. Applicants should be advised that the program letter is subject to review by the FAA and that the owner/operator must notify the local FSDO by letter or facsimile transmission of any amendments to the proposed schedule prior to that flight.

NOTE: Applicants that do not submit a specific program letter do not meet the intent of § 21.193 and shall not be issued a special airworthiness certificate.

(4) Ensure that the applicant has written or translated into English language, the necessary maintenance, inspection, operating, and flight manual(s) to operate the aircraft safely.
(5) Verify that maintenance records reflect recordings of inspections, overhauls, repairs, time-in-service on life-limited parts and engines, etc., and that all records are current.

NOTE: The requirements of 14 CFR part 91 § 91.409(e) are applicable via an operating limitation issued at the time of airworthiness certification for all turbine aircraft, regardless of weight.This requirement provides for the replacement of life-limited parts at a time specified in documents approved by the Administrator.

(6) If the aircraft is a "Group II" or "Group IV" (only those aircraft over 12,500 lbs. and all turbine powered aircraft regardless of weight) aircraft as described in paragraph 8 of this order, verify that the applicant has a FSDO-approved inspection program that meets the requirements of § 91.409(e). (See appendix 2 of this order for inspection program information.)

NOTE: An airworthiness certificate shall not be issued for these aircraft without a FSDO-approved inspection program.

(7) Verify that the applicant has made an entry in the aircraft records to certify that an appropriately rated FAA- certificated mechanic has accomplished the applicable inspection (as defined in paragraph 8 of this order) within 30 days prior to the submittal of the FAA Form 8130-6.

c. Aircraft Inspection. The FAA will perform an inspection to the extent necessary to ensure that an inspection of the aircraft and aircraft systems has been accomplished in accordance with the inspection requirements as identified in paragraph 8 of this order. Additionally, the FAA will verify:
(1) That the aircraft's nationality and registration marks are in accordance with the requirements of 14 CFR part 45 of the FAR.

NOTE: Reference § 21.182 (a) and (b)2. This requires each aircraft to be identified as prescribed in § 45.11. In addition, it is acceptable to continue use of the duplicate pink copy of the AC Form 8050-1 as temporarynauthority to operate if it is first verified with Oklahoma Aircraft Registry, that they have received the Aircraft Registration application, as temporary authority to operate.

(2) That instruments, instrument markings, and placards are as required by the FAR and are identified in the English language. Verify that all measurements are converted to standard U.S. units of measure for those instruments necessary for operation in the U.S. air traffic system.

NOTE: Depending on the intended operation under the applicable reference may be § 91.205(b), Visual Flight Rules (VFR) (day); § 91.205(c), VFR (night); or § 91.205(d), Instrument Flight Rules (IFR). Operators should be alerted that there are specific requirements under part 91 for maintenance and inspection of the various aircraft instruments and those requirements are applicable for these aircraft if the instruments are installed, e.g., §§ 91.173 through 91.187, 91.215, 91.217, 91.219, 91.411, 91.413, etc.3.

AIRCRAFT EQUIPPED WITH EJECTION SEATS OR JETTISONABLE STORES. Former military turbine-powered aircraft certificated for the purpose(s) enumeratedin paragraph 5.d. of this appendix may be eligible to operate with functional ejection seats. ONLY aircraft certificated for the purpose of research and development may be eligible to operate with functional jettisonable external fuel tanks or stores. The following requirements must be met in order to have these systems  operational. a. The applicant must provide objective evidence that the airport manager of the airport where the aircraft is based has been notified regarding the presence of explosive devices   in these systems and the planned operation of an experimental aircraft from that airport. b. Jettisonable external fuel tank(s) or stores systems must be maintained in accordance with  manufacturer's procedures and inspected in accordance with the provisions of the FSDO-approved inspection program for the particular aircraft. The FAA will verify that there is a records entry indicating  current serviceability of the jettison system(s). c. Ejection seat systems must be maintained in accordance with manufacturer's procedures and inspected in accordance with the provisions of  the FSDO-approved inspection program for the particular aircraft. The FAA will verify that there is a record entry indicating current serviceability of the ejection system, including the status of  any dated shelf-life items. d. The applicant must have provisions for securing the aircraft to prevent inadvertent operation of the jettison and/or ejection systems whenever the aircraft is parked.

4. CERTIFICATION PROCEDURES. a. Once it has been determined that the aircraft meets the requirements for the airworthiness certification requested, the FAA shall:
(1) Make an aircraft record entry showing the following or a similarlyworded statement: I find this aircraft meets the requirements for a Special Airworthiness Certificate for the purpose(s) of
(identify purpose(s)) and have issued a Special Airworthiness Certificate and operating limitations dated ( ). The next inspection is due ( ). Signed: (John Doe, Aviation Safety Inspector, NM48).

(2) Issue the airworthiness certificate, in accordance with this order and FAA Order 8130.2, with appropriate operating limitations.
b. If the aircraft does not meet the certification requirements and the airworthiness certificate is denied, the FAA will provide a letter to the applicant stating the reason(s) for denial and, if feasible, identify what steps may be accomplished to meet the certification requirements. Should this occur, a copy of the denial letter will be attached to FAA Form 8130-6 and forwarded to the Aircraft Registration Branch, AVN-750, and made a part of the aircraft's record.

5. EXPERIMENTAL OPERATING LIMITATIONS (GENERAL).
a. Section 91.319 prescribes operating limitations applicable to all aircraft having special airworthiness certificates issued under experimental.
b. Paragraph 6 of this appendix provides the minimum operating limitations that will be used when issuing a FAA Form 8130-7, Special Airworthiness Certificate, for these aircraft.
c. If an applicant requests a change to the aircraft's operating limitations, a new FAA Form 8130-7 is necessary and will require submission of a new FAA Form 8130-6.
d. Aircraft covered by this appendix are only eligible for special airworthiness certification for the following experimental purposes:
(1) Research and Development. Operations permissible under this purpose are defined in § 21.191(a). Although the operations may eventually lead to type certification, they may be conducted by the applicant only as a matter of pure research or to determine whether an idea warrants further development. The duration of an airworthiness certificate for research and development will be effective for only the length of time reasonably required to accomplish the applicant's program, not to exceed one year.
(2) Exhibition. Operations permissible under this purpose are defined in § 21.191(d). Operating an aircraft to demonstrate its flight characteristics or capabilities in connection with sales promotions for the aircraft is not considered to be an eligible operation under exhibition. The duration of an airworthiness certificate for exhibition will be unlimited. However, when an aircraft base of operation is changed or there is a transfer of ownership the owner/operator will notify the local FAA FSDO having jurisdiction over the area in which the aircraft will be based. The owner/operator will provide the local FSDO with a copy of the inspection program identifying the person responsible for scheduling and performing the inspections.
(3) Air Racing. Operations permissible under this purpose are defined in § 21.191(e). A special airworthiness certificate for air racing should only be issued when an aircraft will be used for valid air racing purposes. The duration of an airworthiness certificate for air racing will be unlimited. However, when an aircraft base of operation is changed or there is a transfer of ownership the owner/operator will notify the local FAA FSDO having jurisdiction over the area in which the aircraft will be based. The owner/operator will provide the local FSDO with a copy of the inspection program identifying the person responsible for scheduling and performing the inspections.
e. Aircraft covered by this appendix would not normally be considered eligible for airworthiness certification for the following purposes:
(1) Showing Compliance with Regulations. Under § 21.191(b), this purpose is ONLY to be considered valid when an applicant is developing a product for type certification, a type certificate (TC) holder is revising the TC design data, or a modifier has applied for an STC or field approval.
(2) Crew Training. Under § 21.191(c), this purpose is limited to ONLY the applicant's flight crews, which normally would be the aircraft manufacturer's employees necessary to be trained in experimental aircraft for subsequent operation of aircraft being flight tested in TC programs or for production flight testing.
(3) Market Surveys. Under § 21.191(f), a U.S. manufacturer of aircraft may apply for the purpose of market surveys, sales demonstrations, and customer crew training. Additionally,a manufacturer of aircraft engines who has altered a type certificated aircraft by installing different engines manufactured within the U.S. or a person who has altered the design of a type certificated, aircraft may apply for an experimental airworthiness certificate for the purpose of market surveys, sales demonstrations, and customer crew training.

NOTE: During the evaluation on exhibition aircraft, field offices were requested to send in copies of the special airworthiness certificates and operating limitations for exhibition aircraft that they had certificated. During the review of these certificates, several indicated that some offices may have issued special airworthiness certificates for inappropriate purposes.
These aircraft do not meet the criteria stated in 5e (1), (2), and (3) and are not eligible for airworthiness certification for the purposes stated in paragraphs 5e(1), (2), and (3).

6. GENERAL OPERATING LIMITATIONS FOR EXPERIMENTAL AIRCRAFT CERTIFICATED FOR
THE PURPOSES OF RESEARCH AND DEVELOPMENT, EXHIBITION, AND/OR AIR RACING.
a. The following is a list of operating limitations to be used when issuing an airworthiness certificate for the purpose(s) of research and development, exhibition, and/or air racing. Specific minimum operating limitations for aircraft certificated for the purpose(s) of exhibition and/or air racing are listed in paragraph
6.b. of this appendix. Minimum operating limitations for aircraft certificated for the purpose of research and development are listed
in paragraph
6.c. of this appendix. All notes are provided for the FAA's information only and will not be part of the actual operating limitations. Additional limitations may be established on a case-by-case basis, if deemed necessary by the FAA, in the interest of safety.

NOTE: To ensure national standardization, the following operating limitations shall be issued using the text presented, as appropriate to the group of aircraft as defined in paragraphs 6b and c of this appendix.

(1) No person may operate this aircraft unless the FAA Form 8130.7, Special Airworthiness Certificate, is displayed at the cabin or cockpit entrance so that it is visible to passengers or crew.

(2) No person may operate this aircraft for other than the purpose of meeting the requirements of § 91.319 (b),as stated in the program letter for this aircraft. Additionally, this aircraft shall be operated in accordance with applicable air traffic and general operating rules of part 91 and all additional limitations herein prescribed under the provisions of § 91.319(e). These operating limitations are a part of the FAA Form 8130-7, Special Airworthiness Certificate, and are to be carried in the aircraft at all times for availability to the pilot.

(3) This aircraft may only operate from (identify name of outlying airport) until the requirements of § 91.319(b) have been met. The operator will use the following described corridor to transition to that airport (enter description of the corridor). After meeting the requirements of § 91.319(b), the aircraft may return to (enter home base airport name) but the established corridor will be used for all subsequent operations.

NOTE: This limitation will be used when the aircraft's home base is located in a densely populated area and/or in a congested airway.

(4) No person may operate this aircraft for other than the purpose of Research and Development to accomplish the tests outlined in (identify applicant) letter dated ( ), describing compliancewith § 21.193(d). Additionally, this aircraft shall be operated in accordance with applicable air-traffic and general operating rules of part 91, and all additional limitations herein prescribed under the provisions of § 91.319(e). These operating limitations are
a part of the FAA Form 8130-7, Special Airworthiness Certificate, and are to be carried in the aircraft at all times for availability to the pilot.

(5) This aircraft shall be operated for at least ( ) hours with at least ( ) takeoffs and landings (to a full stop) in the geographical area
described as follows:

NOTE: This geographical area, must be over open water or sparsely populated areas having
light air traffic. The size of the area shall be that required to safely conduct the type of anticipated maneuvers and tests. The area shall be described by radius, or coordinates, and/or landmarks. The minimum hours and maximum takeoffs and landings should be based on the aircraft condition, records, and total time on the aircraft and engine(s). To ensure national standardization, when issuing this limitation for turbine powered aircraft, the maximum hours should not normally exceed 10 and the minimum takeoffs and landings should be at least 3.

(6) Application must be made to the geographically responsible Flight Standards District Office for any revision to these operating limitations.

(7) This aircraft may not be operated over densely populated areas or in congested airways, except when otherwise directed by Air Traffic Control.

NOTE: Special operating limitations for particular aircraft to permit takeoffs and landings may be authorized in accordance with § 91.319(c). The certificating inspector should consult with a FSDO operations inspector in order to determine if takeoffs and landings should be authorized. If authorization is given, then the operating limitation will read as follows: "(7) Except for takeoffs and landings, this aircraft may not be operated over densely populated areas or in congested airways, except when otherwise directed by Air Traffic Control or in an emergency situation. When exercising this authorization, the pilot-in-command must request a departure route that will avoid densely populated areas and congested airways whenever possible." The FAA certificating inspector will coordinate with the local FSDO operations unit to establish departure/approach corridors that ensure hazards to which persons and property are subjected, and exposure of persons to aircraft noise, are minimized. THIS CONCEPT OF A DEPARTURE/APPROACH CORRIDOR SHALL BE UTILIZED WHEN ISSUINGOPERATING LIMITATIONS FOR AIRCRAFT THAT ARE BASED AT AIRPORTS WITHIN CLASS B AIRSPACE. ESTABLISHED CORRIDORS WILL BE USED FOR ALL PROFICIENCY FLIGHTS AND EVENT ATTENDANCE.

(8) This aircraft is to be operated under Visual Flight Rule, day only.

(9) No person may be carried during flight unless that person is essential to the purpose of the flight.

(10) No person may operate this aircraft for carrying persons or property for compensation or hire.

(11) Aerobatic maneuvers intended to be performed must be satisfactorily accomplished and recorded in the aircraft records during the flight test period.

NOTE: In addition to the requirements of § 91.303, appropriate limitations identifying the aerobatic maneuvers and conditions under which they may be performed shall be prescribed. The FAA may witness aerobatic maneuvers if deemed necessary.

(12) This aircraft will not be operated unless the replacement times for life-limited parts specified in the applicable technical publications pertaining to the aircraft and its components are complied with. This aircraft, including its related components and systems, must be inspected in accordance with an approved inspection program selected under the provisions of § 91.409(e). This inspection program shall be recorded in the aircraft maintenance records.

NOTE: The procedures for approval of this program are described in appendix 2 of this order.

(13) Inspections shall be recorded in the aircraft maintenance records showing the following or a similarly worded statement:

I certify that this aircraft has been inspected on (insert date) in accordance with the scope and detail of the (identify program title) FSDO-approved program dated ( ),and found to be in a condition forsafe operation.

The entry will include the aircraft total time in service (cycles if appropriate); and the name, signature, and certificate type/number of the person performing the inspection.

(14) This aircraft shall not be operated unless within the preceding 12 calendar months it has had a condition inspection performed in accordance with appendix D of part 43 and found to be in a condition for safe operation. This inspection will be recorded in the aircraft maintenance records. (15) Condition inspections shall be recorded in the aircraft maintenance records showing the following or a similarly worded statement:

I certify that this aircraft has been inspected on (insert date) in accordance with the scope and detail of appendix D of 14 CFR part 43 and found to be in a condition for safe operation.

The entry will include the aircraft total time in service, the name, signature, and certificate type and number of the person performing the inspection.

(16) This aircraft shall not be operated unless it is maintained and inspected in accordance with appropriate military technical publications or manufacturer's instructions for the aircraft.

(17) Inspections shall be recorded in the aircraft maintenance records showing the following or a similarly worded statement:

I certify that this aircraft has been inspected on (insert date) in accordance with the scope and detail of (identify military technical publications and/or manufacturer's instructions) and found to be in a condition for safe operation.

(18) This aircraft shall not be operated unless it is maintained and inspected in accordance with the requirements of part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration.

NOTE: This operating limitation is applicable for any aircraft that previously had been issued a different kind of airworthiness certificate prior to applying for a special airworthiness certificate (Reference part 43 § 43.1(b)).

(19) Only FAA-certificated mechanics with appropriate ratings as authorized by § 43.3 may perform inspections required by these limitations.

(20) The cognizant FAA FSDO must be notified, and their response received in writing, prior to flying this aircraft after incorporation of a major change as defined by § 21.93.

(21) This aircraft must display the word EXPERIMENTAL in accordance with § 45.23(b). (22) This aircraft shall contain the placards, markings, etc., required by § 91.9.

(23) The Pilot In Command of this aircraft must hold an appropriate category/class rating. If required for the type of aircraft to be flown, the Pilot In Command must also hold either an appropriate
type rating or a Letter of Authorization issued by an FAA Flight Standards Operations Inspector.

NOTE: A Letter of Authorization is issued in accordance with the procedures described in appendix 3 of this notice. This operating limitation is not applicable to glider aircraft.

(24) The Pilot In Command of this aircraft shall notify the air traffic control tower of the experimental nature of this aircraft when operating into or out of airports with operating control towers. The Pilot In Command shall plan routing that will avoid densely populated areas and congested airways when operating VFR.

(25) The Pilot In Command of this aircraft should be knowledgeable of and utilize the procedures described in the Experimental Aircraft Association's "Jet Operations Manual" or other procedures acceptable to the Administrator.

(26) The ejection seat system must be maintained in accordance with the manufacturer's procedures and inspected in accordance with the Flight Standards District Office-approved program entitled (identify program title) dated (enter approval date).

(27) The ejection seat system must be secured to prevent inadvertent operation of the system whenever the aircraft is parked.

(28) All systems that provide a means of inflight jettison of external stores must be maintained in accordance with the manufacturer's procedures and inspected in accordance with the Flight Standards District Office-approved program entitled (identify program title) dated (enter approval date).

NOTE: Inflight jettison systems are only allowed to be operational on aircraft used for the purpose of research and development.

(29) External store(s) system(s) must be secured to prevent inadvertent operation of these systems whenever the aircraft is parked. (30) This aircraft is prohibited from flight with any externally mounted equipment unless the equipment is permanently installed (in a manner that will prevent inflight jettison of the equipment). This permanent installation must be recorded in the aircraft records.

(31) Following satisfactory completion of the required number of flight hours in the flight test area, the pilot shall certify in the records that the aircraft has been shown to comply with § 91.319(b). Compliance with § 91.319(b) shall be recorded in the aircraft records with the following or a similarly worded statement:

I certify that the prescribed flight test hours have been completed and the aircraft is controllable throughout its range of speeds and throughout all maneuvers to be executed, has no hazardous operating characteristics or design features, and is safe for operation.

(32) No person may operate this aircraft for other than the purpose(s) of (identify purpose(s)), to exhibit the aircraft, or participate in events outlined in (identify applicant) program letter (or any amendments) describing compliance with § 21.193(d). Additionally, this aircraft shall be operated in accordance with applicable air traffic and general operating rules of part 91, and all additional limitations herein prescribed under the provisions of § 91.319(e). These operating limitations are a part of the FAA Form 8130-7, Special Airworthines Certificate, and are to be carried in the aircraft at all times for availability to the pilot.

(33) All proficiency/practice flights shall be conducted within the geographical area described in the aircraft program letter and any amendments to that letter, but that area will not exceed 300 nautical miles of the aircraft home base airport. An exception is permitted for proficiency
flying outside of the area stated above for organized formation flying, training, or checkout in conjunction with a specific event listed in the aircraft program letter (or amendments). The program letter should indicate the location and dates for this proficiency flying.

(34) All proficiency/practice flights shall be conducted within the geographical area described in the aircraft program letter and any modifications to that letter, but that area will not exceed 600 nautical miles of the aircraft home base airport. Proficiency flights are limited to a non-stop flight at begins and ends at the home base airport with sufficient fuel reserve to meet the applicable operating rules of part 91. Anytime an alternate airport within the 600 nautical mile radius is selected, the operator must notify their geographically responsible Flight Standards District Office prior to each proficiency flight away from their home base airport. An exception is permitted for proficiency flying outside of the area stated above for organized formation flying, training, or checkout in conjunction with a specific event listed in the aircraft program letter (or amendments). The program letter should indicate the location and dates for this proficiency flying.

(35) All proficiency/practice flights shall be conducted within the geographical area described in the aircraft program letter and any modifications to that letter, but that area will not exceed 600 nautical miles of the aircraft home base airport. An exception is permitted for proficiency flying outside of the area stated above for organized formation flying, training, or checkout in conjunction with a specific event listed in the aircraft program letter (or amendments). The program letter should indicate the location and dates for this proficiency flying.

(36) All proficiency/practice flights shall be conducted within the geographical area described in the aircraft program letter and any modifications to that letter, but that area will not exceed 300 nautical miles of the aircraft home base airport. Proficiency flights are limited to a non-stop flight
that begins and ends at the aircraft home base airport. An alternate airport selection is not permitted for this aircraft. However, an exception is permitted for proficiency flying outside of the area stated above for organized formation flying, training, or checkout in conjunction with a specific event listed in the aircraft program letter (or amendments). The program letter should indicate the location and dates for this proficiency flying.

(37) Proficiency flights are authorized without geographical restrictions defined for Group I aircraft, as necessary, when conducted in preparation for participation in sanctioned meets and pursuant to qualify for Federal Aeronautique International (FAI) or Soaring Society of America (SSA) awards. These flights may only take
place as defined in the aircraft program letter, and prior to the specific FAI or SSA event. The PIC must submit a description of the intended route and/or geographical area intended to be flown to their local Flight Standards District Office.

(38) This aircraft is restricted to airports that are within airspace classes C, D, E, and G during proficiency flights, except in the case of a declared emergency or when otherwise directed by Air Traffic Control.

(39) The owner/operator of this aircraft must submit an annual program letter update to the local Flight Standards District Office that lists airshows, fly-ins, etc. that will be attended during the next year, commencing at the time this aircraft is released into Phase 2 operation. This list will be subject to amendments, as required, by letter or facsimile transmission.

(40) The owner/operator of this aircraft must ensure that a copy of the current program letter, any amendments, and a copy of the highlighted aeronautical chart, are carried aboard this aircraft at all times.

(41) This aircraft is authorized for flights at air shows or air races conducted under a waiver (if required) issued in accordance with § 91.903.

(42) This aircraft must be operated VFR, Day only, unless equipped for night and/or instrument flight in accordance with § 91.205.

NOTE: Section 91.319(d)(2) provides for VFR, day only, unless otherwise specifically authorized by the Administrator. If other operations are requested, the aircraft must be equipped in accordance with the applicable requirements of § 91.205.

(43) No person may be carried in this aircraft during the exhibition of the aircraft's flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, or similar productions, unless essential for the purpose of the flight. Passengers may be carried during flights to and from any event outlined in the program letter or during proficiency
flying, limited to the design seating capacity of the aircraft.

(44) The Pilot In Command of this aircraft shall advise each person carried of the experimental nature of this aircraft.

(45) Aerobatic maneuvers that have been recorded during flight test may be performed.

(46) This aircraft is prohibited from flight with any externally mounted equipment unless the equipment is permanently mounted in a manner that will prevent inflight jettison, and there is a notation in the aircraft records indicating
flight testing has been accomplished with this equipment installed.

(47) Supersonic flight (true flight Mach number greater than 1) is prohibited unless specifically authorized under § 91.817.

(48) These operating limitations and airworthiness certificate will bear no expiration date. However, when an aircraft base of operation is changed or there is a transfer of ownership the new owner/operator will provide the local Flight Standards District Office with a copy of the approved inspection program identifying the person responsible for scheduling and performing the inspections.

(49) This aircraft shall not be used for glider towing, banner towing, or intentional parachute jumping.

(50) This aircraft does not meet the requirements of the applicable, comprehensive, and detailed airworthiness code as provided by Annex 8 of the International Convention of Civil Aviation. The owner/operator of this aircraft must obtain written permission from another country's Civil Airworthiness Authority (CAA) prior to operating this aircraft in or over that country. That written permission must be carried aboard the aircraft together with the U.S. airworthiness certificate and, upon request, be made available to an FAA inspector or the CAA in the country of operation.

(51) In accordance with § 47.45, the FAA Aircraft Registry must be notified within 30 days for any change of the aircraft registrant's address. Such notification is to be made in the form of a submission of an FAA Form 8050-1, Aircraft Registration Application.

(52) Aircraft instruments and equipment installed and used under § 91.205 must be inspected and maintained in accordance with the requirements for those instruments found in parts 43 and 91.

(53) Flights to maintenance facilities located inside or outside the proficiency area to have maintenance performed are allowed. For facilities outside the proficiency area stated in the operating limitations, identify the operating limitation number. The owner operator must notify and receive permission from the geographically responsible FSDO prior to flight. The maintenance performed must be recorded in the aircraft records.

NOTE: The geographically responsible FSDO and the local area FSDO office where the maintenance will take place, must concur prior to approving the flight request.

b. Notwithstanding the certification requirements contained in the current revision of FAA Order 8130.2, Airworthiness Certification of Aircraft and Related Approvals, an FAA inspector may elect to process these aircraft on a one-time certification basis, e.g., via the issuance of only one special airworthiness certificate of unlimited duration. In these instances, when issuing the special airworthiness certificate for the purpose(s) of exhibition and/or air racing, the operating limitations will be prescribed in two phases in the same document.

(1) For Phase 1 limitations, the certificating inspector will prescribe all those operating limitations under paragraph 6.a. of this appendix, as appropriate, for the applicant to demonstrate compliance with § 91.319(b) in the assigned flight test area. The following identification of operating limitations found in paragraph 6.a. of this appendix are based on the four groups identified in paragraph 8 of this order.

(2) Minimum Phase 1 operating limitations for all aircraft, regardless of group designation will be as follows: 1, 2, 3 (if applicable), 5, 6, 7, 8, 9, 10, 11, 18 (if applicable), 19, 20, 21, 22, 24, 31, 40, 50, 51, 52, and 53.

(a) Additional specific Phase 1 operating limitations for aircraft operating under Group I include limitations 14, 15 and 23 (if applicable).
(b) Additional specific Phase 1 operating limitations for aircraft operating under Group II include operating limitations 12, 13, 23, 25, 26, 27, and 30.
(c) Additional specific Phase 1 operating limitations for aircraft operating under Group III include operating limitations 14 and 15 (if under 800 hp), or 16 and 17 (if 800 hp or above), and 23 (if applicable).
(d) Additional specific Phase 1 operating limitations for aircraft operating under Group IV include limitations 12 and 13 (if jet powered or over 12,500 lbs.), or 14 and 15 (all other aircraft), and 23 (if applicable).

(3) In order to operate under Phase 2 operating limitations, the operator must make a signed entry (described in limitation 31) attesting to meeting the requirements of § 91.319(b).

(4) For Phase 2 limitations, the certificating inspector will prescribe all those operating limitations under paragraph 6.a. of this appendix, as appropriate, to allow the applicant to operate the aircraft outside of the designated flight test area. The following identification of operating limitations found in paragraph 6.a. of this appendix is based on the four groups identified in paragraph 8 of this order.

(5) Minimum Phase 2 operating limitations for all aircraft, regardless of group designation will be as follows: 1, 6, 7, 10, 18 (if applicable), 19, 20, 21, 22, 24, 32, 38, 39, 40, 41, 42, 43, 44, 45, 49, 50, 51, 52, and 53.

(a) Additional specific Phase 2 operating limitations for aircraft operating under Group I include limitations 14, 15, and 23 (if applicable) and limitations 33 and 37 (gliders only).
(b) Additional specific Phase 2 operating limitations for aircraft operating under Group II include limitations 12, 13, 23 (if applicable), 25, 26, 27, 30, 34, 46, 47, and 48.
(c) Additional specific Phase 2 operating limitations for aircraft operating under Group III include limitations 14 and 15 (if under 800 hp), or 16 and 17 (if 800 hp or above), 23 (if applicable), and 33 (if under 800 hp) or 35 (if 800 hp or above).
(d) Additional specific Phase 2 operating limitations for aircraft operating under Group IV include limitations 12 and 13 (if turbine-powered or over 12,500 lbs.), or 14 and 15 (all other aircraft), 23 (if applicable), 25, 36, 47, and 48 (if applicable).
c. Minimum operating limitations for aircraft certificated for the purpose of research and development include limitation 1, 4, 5, 6, 7, 9, 10, 12 and 13 (if turbine-powered) or 14 and 15 (if not turbine-powered), 18 (if applicable), 19, 20, 21, 22, 23 (if applicable), 24, 25 (if turbine-powered), 26 and 27 (if equipped with ejection seats), 28 and 29 (if equipped with jettisonable stores), 40, 42, 47, 50, 51, and 52.

 

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