1. PURPOSE. This handbook bulletin provides information pertaining to the issuance or amendment of operating limitations for amateur- built, experimental aircraft to permit flight over densely populated areas or on congested airways, and the terms and conditions under which such authorizations are made.

2. BACKGROUND. The current regulation (Title 14 of the Code of Federal Regulations (14 CFR) part 91, section 91.319(c)) states in pertinent part "Unless otherwise authorized by the Administrator in special operating limitations, no person may operate an aircraft that has an experimental certificate over a densely populated area or in a congested airway."

B. Initial operating limitations for aircraft which have been issued special airworthiness certificates in the experimental category are issued by the Aircraft Certification Service field offices (MIDO/MISO) in accordance with FAA Order 8130.2C, Airworthiness Certification of Aircraft and Related Products. Federal Aviation Administration (FAA) Flight Standards District Offices (FSDO) and Designated Airworthiness Representatives (DAR), as a rule, are authorized to issue initial operating limitations only for experimental, amateur-built aircraft, but may issue recurrent operating limitations (amended or revised) for an experimental aircraft certificated for other purposes (14 CFR part 21, section 21.191). FSDO's may be authorized to issue other initial operating limitations when requested by field offices of the Aircraft Certification Service.

C. Previous policy statements have provided for the inclusion of authorizations to permit the operation of amateur-built aircraft over densely populated areas so long as certain conditions are met (i.e.; suitable departure and arrival routes).

3. GUIDANCE. Guidance for aviation safety inspectors (ASI) provided in this bulletin will apply to aircraft holding a special airworthiness certificate in the experimental, amateur-built category. Since Flight Standards ASI deal primarily with experimental aircraft in the exhibition and amateur-built categories, the policy described herein will be directed to the issuance of initial and amended operating limitations for amateur-built aircraft only, in accordance with the policy established by FAA Order 8130.2C. Other Orders provide guidance for aircraft certificated as Experimental-Exhibition and will not be addressed here. Experimental aircraft certified for other purposes under section 21.191 (i.e., research and development, showing compliance, crew training, and market surveys) will not be subject to the guidance provided herein, as they are generally operated by manufacturers seeking type certificates. Other established policy may apply to these aircraft.

A. Request for Amendment to Operating Limitations. Field inspectors may, upon request by the operator of an experimental, amateur-built aircraft, and after an appropriate evaluation of the request, issue amended operating limitations which specifically provide for flight over densely populated areas or on congested airways in accordance with the provisions of section 91.319(c). When issuing amended operating limitations, ASIs shall determine that the operating characteristics, flight test maneuvers reports, maintenance history, and functional requirements of the aircraft, reflect a degree of safe operating practices that will minimize concerns for safety of the aircraft, operator, and persons and property on the surface.

B. Flight Test Information. Flight test areas are assigned to experimental aircraft to allow the operator to determine that the aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed and that the aircraft has no hazardous operating characteristics or design features (section 91.319(b)). The FAA inspector (or designee) is responsible for issuing operating limitations in accordance with FAA Order 8130.2C, chapter 4, paragraph 142. Inspectors should consult the appropriate orders and ensure that the proper phraseology is used to eliminate ambiguity or conflict with regulatory requirements.

(1) First Flight. FAA Order 8130.2C, chapter 4, paragraph 139(b)(1),(2) states: "In the case of a first flight of an aircraft from an airport surrounded by densely populated areas, but with at least one acceptable approach/departure corridor, the FAA shall ensure that a flight corridor is selected where the least number of persons and property may be subjected to possible hazards. In addition, upon leaving such an airport, the aircraft should be required to operate from an outlying airport until its controllability, airworthiness, and safety are established (91.319(b)), after which the aircraft may return to its base and use the established corridor for subsequent operations."

"In the case of an aircraft located at any airport surrounded by a densely populated area and lacking any acceptable approach/departure corridor, the FAA shall deny the airworthiness certificate and process the denial in accordance with (8130.2C, para 88). The applicant shall be advised to relocate the aircraft by other means to a suitable airport."

NOTE: "An acceptable approach/departure corridor may be considered to exist when the corridor provides reasonable opportunity(s) to execute an off-airport emergency landing that will not jeopardize other persons or property."

(2) Continued Flight Test Operations (Phase I testing). Amateur- Built aircraft have test flight periods established as 25 hours with a type-certificated engine-propeller combination installed, or 40 hours with a non type-certificated engine/prop combination is installed. The purpose of the flight test area is to prove that the aircraft is controllable and has no hazardous flying characteristics (section 91.319(b)).

(a) As a good operating practice, the pilot should maintain a record of maneuvers conducted and tested to prove controllability. This documentation would provide a significant record of maneuvers that the aircraft accomplished and may form the basis for an operator's personal pilot operating handbook.

(b) Order 8130.2C, chapter 4, paragraph 139(c) states: "In any event, the FAA inspector should not amend the operating limitations to permit flight outside the assigned flight test area until the applicant certifies and the FAA finds compliance with section 91.319(b). This finding by the FAA may be a review of the aircraft records containing a statement by the pilot that the aircraft is controllable and has no hazardous operating characteristics (section 91.319(b)). Also, the maintenance history while in the test area must be satisfactory."

(3) Operations After Completion of Flight Testing. Amateur-Built aircraft which have satisfied the requirements of section 91.319(b) may be operated outside the assigned flight test area as provided by and in accordance with the issued operating limitations.

C. Issuing Authorizations. Regulations (14 CFR part 91.319) require the issuance of amended or revised operating limitations to permit the operation of experimental aircraft over densely populated areas, and require that considerations be given in the interest of safety in air commerce when authorizing such operations.

(1) First Flight. ASIs, in most cases, will not issue special authorization for flight, or takeoffs or landings over densely populated areas for aircraft attempting the first flight of the flight test period. Mitigating or special circumstances may, however, provide justification for such authorizations and ASI's are expected to use good judgment in these situations.

(2) Phase I Flight Testing. Authorizations for takeoffs or landings over densely populated areas and access to corridors for flight through congested airspace, coordinated with ATC may be helpful during Phase I testing of an aircraft. The operator, however, should attempt to operate from airports or facilities that would not require special authorizations.

(3) Operating Outside the Flight Test Area. Once flight testing is completed and the aircraft meets the requirements of section 91.319(b), special operating limitations may be issued to experimental aircraft to permit them to operate over densely populated areas, both en route and during takeoffs and landings, and to operate within congested airways of the National Airspace System (NAS).

(4) Previously Issued Operating Limitations. Aircraft that have successfully completed Phase I flight testing to meet the requirements of Section 91.319(b), and were issued special operating limitations authorizing takeoffs and landings over densely populated areas prior to the date of this bulletin, may continue to operate over densely populated areas under the authority of the original authorization. Those operators need not reapply to the FSDO, MIDO or MISO for additional authorizations.

4. PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS). ASIs should use PTRS codes 1445 (operations) or 3445 (airworthiness) when reporting or commenting on these tasks.

5. INQUIRIES. This bulletin was developed by AFS-800 and coordinated with AFS-300 and AIR-200. Any questions or comments concerning this information should be directed to AFS-820 at (202) 267-7031.

6. EXPIRATION DATE. This bulletin will remain in effect until the information contained herein is published as part of a scheduled handbook change.

/s/ Richard O. Gordon,

Acting Director, Flight Standards Service, AFS-1

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