EAA is concerned about a significant change that appeared in new FAA guidance that sets operating limitations for Phase I flight testing in all experimental aircraft. This change would severely curtail the number of airports an experimental aircraft can utilize during flight testing, negatively impacting safety and effectiveness of flight testing.
The new language only permits operations out of one airport within the designated flight test area. The policy notes that “a second airfield may be listed with valid justification of a specific flight test or safety requirement.” Previous guidance had no specific limitations on number of airports, only requiring that all authorized airports for flight testing be listed by the designated airworthiness representative in Phase I operating limitations.
There are many advantages – indeed necessities – to having multiple airports available in a flight test area. These include testing the aircraft on different surfaces (it is unclear how this guidance affects seaplanes or amphibians), finding airports to test specific crosswind conditions on a given day, using an airport with low traffic volume to test takeoffs and landings, or any number of other flight test considerations.
Most importantly, there should never be any doubt in a pilot’s mind whether an airport is available for a precautionary landing in the case of weather or the slightest hint of mechanical trouble. We want to be clear that we are aware of no enforcement action ever being undertaken by the FAA in a case such as this and encourage all pilots to exercise their authority under FAR 91.3, but this unnecessary limitation in available airports would add needless complication to an already stressful situation.
EAA is already engaging the FAA to ensure this policy is swiftly reversed. The document containing the policy, Order 8130.2K, is not yet in force, but is slated to become effective in late October. We have received favorable indications from the FAA that they are quickly reconsidering the airport limitation, and it will hopefully be fixed by the time the order becomes effective. Otherwise, the FAA should give favorable consideration to “deviation requests” for additional airports in a flight test area, submitted to the FSDO via an applicant’s DAR. EAA will advise members on this issue again prior to the order taking effect.
Members are cautioned that a small number of airports surrounded by densely populated areas or heavily congested airspace are genuinely not suitable for flight testing, as they do not meet the requirements of FAR 91.305, which states “no person may flight test an aircraft except over open water, or sparsely populated areas, having light air traffic.” Amateur builders should consult with a local DAR and/or FSDO prior to committing to final assembly if there are any concerns about the ability to flight test at a particular airport.
