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CERTIFICATION AND OPERATION OF AIRCRAFT UNDER THE EXPERIMENTAL PURPOSE(S) OF RESEARCH AND DEVELOPMENT, EXHIBITION, AND/OR AIR RACING; AND ISSUANCE OF SPECIAL FLIGHT AUTHORIZATION FOR NON-U.S. AIRCRAFT 1. PURPOSE. This order provides information and guidance to aviation safety inspectors (ASI) in the issuance of special airworthiness certificates and operating limitations for former military aircraft certificated for the purpose(s) of research and development, exhibition, and/or air racing; approval of aircraft inspection programs for large and turbine powered experimental aircraft; and issuance of letters of authorization (LOA) for persons to operate large and turbine-powered experimental aircraft. NOTE: Final resolution of any safety related issue is the responsibility of the certificating office. If there is any question of a conflict between this document and any current Federal Aviation Administration (FAA) directive, the policy in this order will take precedence over that directive. 2. DISTRIBUTION. This order is distributed to the Washington headquarters division level of the Flight Standards Service; to the branch levels of the Aircraft Certification Service and the Aviation System Standards Office; to all Airport Divisions; to the branch level in the regional Flight Standards Divisions; to all Flight Standards District Offices; to all Manufacturing Inspection District and Satellite Offices; to the Regulatory Standards and Compliance Branch of the FAA Academy; and to the Brussels Aircraft Certification Division and Flight Standards Staff. 3. BACKGROUND. On July 9, 1993, the FAA issued a memorandum that established a moratorium on experimental airworthiness certification of non-U.S. manufactured aircraft for the experimental purpose(s) of exhibition and air racing; as well as special flight authorizations (SFA's) under 14 CFR part 91, § 91.715 for non-U.S. manufactured aircraft that do not hold U.S. type certificates (TC) issued under the provisions of 14 CFR part 21 § 21.29. a. The moratorium was effected because of a dramatic increase in applications for special airworthiness certificates and SFA's for non-U.S. manufactured aircraft that did not hold type certificates issued under § 21.29. The moratorium was lifted on August 18, 1993, with interim guidance provided to certificate these aircraft. This order provides long term guidance for airworthiness certification, continued airworthiness, and operational requirements for all aircraft that received original airworthiness certification on or after July 9, 1993. Although, the moratorium was established for non-U.S. manufactured aircraft, this policy will be used when issuing a special airworthiness certificate for the experimental purpose(s) of exhibition or air racing, regardless of the country of manufacture. b. Aircraft that received original airworthiness certification prior To July 9, 1993, ARE NOT effected by this order. Those aircraft will not be effected until such time as the FAA works with the public to determine the best strategy to certificate all experimental exhibition and/or air racing aircraft in accordance with the new policy. If any aircraft that originally received a special airworthiness certificate prior to July 9, 1993, should need a new airworthiness certificate due to a change in operating limitations or the expiration of an airworthiness certificate, policy in effect prior to the July 9, 1993, moratorium will be used to issue the airworthiness certificate. The policy established in this order will not be used in these cases unless specifically requested by the applicant. 4. EXHIBITION ACTIVITIES. There has been some confusion in the past as to what constitutes exhibition. In an effort to minimize this confusion, the FAA has determined that exhibition could be a wide range of activities. These include: organized airshows, organized air races, organized fly-in activities, organized exhibitions, youth education events, shopping mall/school/similar static displays, organized acrobatic competition, sail plane fly-ins or competitive races or meets, and movie or television productions. 5. FORMER MILITARY AIRCRAFT. Many of the aircraft that are presented for airworthiness certification under the purpose(s) of exhibition or air racing are former military aircraft, both U.S. and non-U.S. The FAA acknowledges the significant role military aircraft have played in our aviation heritage and the importance of preserving their legacy for future generations. The exhibition of former military aircraft at aviation events for demonstration and display provides the public a rare view into our aviation past. Therefore, it is the policy of the FAA to permit the operation of surplus military aircraft for civilian use, consistent with the need to safeguard the general public. NOTE: It should not be interpreted that all military aircraft require experimental airworthiness certificates. Some have valid type certificates and could be eligible for a standard airworthiness certificate a. Surplus military aircraft have historically operated in the United States for research and development, air racing, and exhibition purposes in the experimental category. It is the policy of the FAA that eligible aircraft will be certificated in experimental when operated for the special purposes listed in paragraph 1 of this order. b. To ensure the safe operation and minimize adverse environmental impacts resulting from the operation of these aircraft, the FAA has established appropriate and reasonable operating limitations. Operating limitations developed jointly by the Aircraft Certification Service and Flight Standards Service are contained in appendix 1 of this order. c. The ability of civilian operators to maintain and operate these aircraft depends upon their background and experience, training and facilities, availability of technical manuals and design information, and the complexity of the aircraft involved. To this end, and to the maximum extent feasible, it is the policy of the FAA to recognize the most complete sources of maintenance and training and to encourage owners, operators, and flight crew members to utilize these sources and successfully complete required training from recognized training organizations. Aircraft inspection guidelines and qualification standards for flight crew members have been developed by the Flight Standards Service and are contained in appendices 2 and 3 of this order. d. Applicants for certification of former military turbine powered aircraft (TPA) must be advised that these aircraft were designed and manufactured without the acoustical treatment provided for current commercial and business Turbine Powered Aircraft. They must also be advised of industry developed procedures and guidelines designed to minimize the impact such aircraft impose at airports and the surrounding communities. Aircraft operators must accept the responsibility for operating their aircraft in such a manner as to reduce the noise impact to the lowest practicable level. The Experimental Aircraft Association (EAA) has developed operating procedures and a recommended program for reducing the noise impact of TPA. The EAA's recommended procedures are contained in its Jet Operations Manual. The FAA certificating inspector must advise persons considering operating such aircraft to become familiar with and use the procedures outlined in the EAA's Jet Operations Manual or procedures acceptable to the Administrator. e. In recent years, the number and types of TPA have greatly expanded, mostly as a result of importation of aircraft of non-U.S. manufacture. Examples of these aircraft include models such as the Northrop F-5, which is of U.S. manufacture, and the Mikoyan MiG-15 of non-U.S. manufacture. It is of critical importance to the FAA, the civilian owners and operators of such aircraft, and the general public that these aircraft are operated safely in the United States National Airspace System. 6. GLIDER AIRCRAFT. Glider aircraft represent approximately 25 percent of the experimental exhibition fleet. This is due, at least in part, to a misinterpretation of FAA Order 8130.15, Airworthiness Certification of "Prematurely" Exported Gliders. Order 8130.15 provides the procedure for issuance of a standard airworthiness certificate for non-U.S. manufactured gliders which have been exported to the United States prior to the issuance of a § 21.29 type certificate (TC). Since this activity has been highlighted recently, the FAA has been working closely with the Soaring Society of America to ensure that non-U.S. manufacturers pursue § 21.29 TCs for these aircraft. If these gliders do not receive U.S. TC's, the FAA may establish permanent policy that will limit future operation of gliders beyond that described in paragraph 8a of this order. The FAA will continue to consider non-U.S. produced gliders for experimental airworthiness certification while the revised procedures for issuing a TC under § 21.29 are being developed. 7. BROKERING. Section 21.191 (d) was not intended to allow for the brokering or marketing of experimental aircraft. This includes individuals who manufacture, import, or assemble aircraft, and then apply for and receive experimental exhibition airworthiness certificates, so they can sell the aircraft to buyers. Section 21.191 (d), only provides for the exhibition of an aircraft's flight capabilities, performance, or unusual characteristics at airshows, motion picture, television, and similar productions. Certificating offices should ensure that all applications for exhibition airworthiness certificates are for the purposes specified under § 21.191 (d), and are from the registered owners who will exhibit the aircraft for those purposes. Applicants must also provide the applicable information specified in § 21.193. 8. GROUPS OF AIRCRAFT. Aircraft that have been presented for experimental airworthiness certification for exhibition or air racing, range from unpowered gliders to high performance jet aircraft. In order to properly certificate this wide range of aircraft, and in response to the many public comments received, the FAA has divided these aircraft into four "groups." This was done in order to establish standardized operating limitations, proficiency areas, and inspection requirements appropriate to each aircraft. Minimum operating limitations for each group are provided in appendix 1 of this order. The certificating inspector will make a determination of which group the aircraft will operate in based on the following: a. GROUP I, Performance Competition Aircraft. (1) Description of Aircraft. Specialty aircraft, limited availability. Possess design characteristics that make the aircraft suitable for competition in that the operational parameters are designed for only one purpose such as maneuverability, flight duration, or speed; and as such would only be used in performance based competition events and would not be utilized for personal business or transport activity. (2) Type of Aircraft. Aerobatic aircraft or Powered/Unpowered Gliders. Examples of aircraft that would operate under this group include the Rolladen-Schneider LS-4b, Schleicher, ASW-24, Pitts Special, Sukhoi SU-26, Sukhoi SU-29, etc. (3) Proficiency Area. A radius of 300 nautical miles from their designated home base airport (See note at the end of this section). (4) Inspection Requirements. Must be inspected each year in accordance with an inspection plan that contains the scope and detail of 14 CFR part 43 (part 43), Appendix D. b. GROUP II, Turbine Powered Aircraft. (1) Description of Aircraft. Includes any TPA, i.e., jet, turbo-fan, and turbo-prop; except those TPA that have a design capability of carrying cargo or more than 4 occupants. Those TPA that have a design capability of carrying cargo or more than 4 occupants will be certificated using the guidelines under Group IV. (2) Type of Aircraft. Turbine powered aircraft. Examples of aircraft that would operate under this group include the Mikoyan MiG-17, Aero Vodochody L-29, Hispano Aviacion HA-200 Saeta, Fouga CM 170 Magister, Lockheed or Canadair T-33, etc. (3) Proficiency Area. Limited to a radius of 600 nautical miles from the designated home airport. Proficiency flights will be limited to a non-stop flight that begins and ends at the specified home airport, with sufficient fuel reserve to meet the applicable operating rules of part 91. Operators who choose to fly to another airport within the assigned proficiency area must notify their geographically responsible FSDO prior to each proficiency flight away from their home airport (See note at the end of this section). (4) Inspection Requirements. Must have a Flight Standards District Office-approved inspection program that meets the requirements of § 91.409(e). (See appendix 2 of this order for inspection program information.) c. GROUP III, Piston Powered: Warbirds, Vintage, Replica, Unique Aircraft. (1) Description of Aircraft. Includes former military aircraft that were designed for military operations. Vintage aircraft are those aircraft that were designed prior to 1945. Replica aircraft are those aircraft that have the same external configuration as an aircraft that was designed prior to 1945. Unique aircraft means those aircraft that are one-of-a-kind. (2) Type of Aircraft. This group includes U.S. piston powered warbirds (regardless of size) and non-U.S. piston powered aircraft under 12,500 lbs. that meet the above description and do not have a design capability of carrying cargo or more than 4 occupants. Examples of aircraft that would operate under this group include the North American T-28, Lockheed P-38, North American P-51, Messerschmitt ME-109, Boeing B-17, North American B-25, DeHavilland DHC-1 Chipmunk or Tiger Moth DH 82A, Focke-Wulfe Piaggo (FWP)-149, Nord Stampe SV4C, Bucker Jungman BU-131, etc. (3) Proficiency Area. Aircraft under 800 hp will have a radius of 300 nautical miles from their designated home base airport. Aircraft 800 hp and above will have a radius of 600 nautical miles from their designated home base airport (See note at end of this section). (4) Inspection Requirements. Aircraft under 800 hp must be inspected each year in accordance with an inspection plan that contains the scope and detail of part 43, Appendix 3. Aircraft 800 hp and above must be inspected in accordance with appropriate military technical publications or manufacturers' instructions for the aircraft. d. GROUP IV, Other Aircraft. (1) Description of Aircraft. All aircraft that do not clearly fit in any of the other groups. This group will include aircraft that should be in the standard category that have been modified but the modification has not been processed under the supplemental type certificate (STC) process; and aircraft over 12,500 lbs. or those that have a design capability of carrying cargo or more than 4 occupants. This group also includes any newly produced aircraft that does not have a TC under § 21.21 or 21.29, with the exception of those aircraft that meet the description of aircraft for Group I. Additionally, this group includes aircraft that could normally be eligible for amateur-built airworthiness certification, but the owner has chose to not perform the major portion of the fabrication and assembly as required under § 21.191(g), Operating Amateur-Built Aircraft. (2) Type of Aircraft. Includes aircraft that have a design capability of carrying cargo or more than 4 occupants, and any other aircraft that does not clearly belong in any of the other groups. Examples of aircraft that would operate under this group include the Lockheed C-130, Antonov AN-2, Antonov AN-24, Iluyshin IL-76, Cessna 172 with an automobile engine not approved under an STC, etc. (3) Proficiency Area. Limited to a non-stop flight that begins and ends at the specified home airport, with sufficient fuel reserve to meet the applicable operating rules of part 91. An alternate airport selection IS NOT available for aircraft in this group (See note at end of this section). (4) Inspection Requirements. Aircraft that weigh 12,500 lbs. or less must be inspected each year in accordance with an inspection plan that contains the scope and detail of part 43, Appendix D. Aircraft over 12,500 lbs. must have a FSDO-approved inspection program that meets the requirements of § 91.409(e). NOTE: This NOTE is applicable to Group I, II, III, and IV aircraft. During proficiency flights, aircraft will be restricted to airports that are within airspace classes C, D, E, or G; except in the case of a declared emergency or when otherwise directed by Air Traffic Control. When defining the proficiency area, the certificating inspector will coordinate with the local FSDO operations unit to highlight an aeronautical chart or map with the identification of the proficiency area. The highlighted aeronautical chart or map will become a part of the aircraft operating limitations and must be carried aboard the aircraft at all times. 9. RESEARCH AND DEVELOPMENT. This order is primarily provided for information and guidance when issuing special airworthiness certificates for the experimental purpose(s) of exhibition and air racing. Since some of the same types of aircraft, especially TPA are used in research and development (R&D), the purpose of R&D is addressed in this order. Former military aircraft are often used in R&D projects, and it is appropriate to use the guidance in this order when performing R&D certification of former military aircraft. 10. FURTHER INFORMATION. Appendix 1 contains information and guidance to ASIs who are responsible for airworthiness certification and establishing operating limitations for these aircraft. Appendix 2 contains information and guidance for FSDO Airworthiness ASIs who are responsible for approving an applicant's inspection program when required by operating limitations. Appendix 3 contains information and guidance for FSDO Operations ASIs who are responsible for issuing a LOA to qualified pilots who desire to operate aircraft where an LOA or type rating is required. Policy for the issuance of special flight authorizations for non-U.S. civil aircraft is provided in Order 8130.2C, Airworthiness Certification of Aircraft and Related Products, Chapter 7. 11. FUTURE INCORPORATION. The information contained in this order will be incorporated in appropriate FAA directives as follows: a. Applicable material from appendix 1 will be incorporated into FAA Order 8130.2, Airworthiness Certification of Aircraft and Related Approvals. Questions and comments regarding information in appendix 1 or airworthiness certification issues should be addressed to the office of primary responsibility (OPR), the Production and Airworthiness Certification Division, AIR-200. b. Applicable material from appendix 2 will be incorporated into FAA Order 8300.10, Airworthiness Inspector's Handbook. Questions and comments regarding information in appendix 2 or any continued airworthiness issues should be addressed to the OPR, the Aircraft Maintenance Division, AFS-300. c. Applicable material from appendix 3 will be incorporated into FAA Order 8700.1, General Aviation Operations Inspector's Handbook. Questions and comments regarding information in appendix 3 or any aircraft operational issues should be addressed to the OPR, the General Aviation and Commercial Division, AFS-800. 12. APPROVAL. This order has been coordinated and approved by the directors of Aircraft Certification Service and Flight Standards Service.
Frank P. Paskiewicz |
FAA ORDER 8130.27 1/11/96