New Policy Would Limit Airports Allowed For Phase I Tests

The EAA recently expressed its concern about a new FAA policy that would limit Phase I testing operations. The order, 8130.2K, was issued on August 28 and is expected to take effect on October 27.

Order 8130.2K cuts down on the number of airports permitted for Phase I flight testing. The previous wording stated: “This aircraft may only operate from [identify name of airport(s)],” to be filled in by the appropriate inspector or DAR. This enforced no specific cap on the number of airports that could be listed.

The new wording allows only one airfield to be listed, though “a second airfield may be listed with valid justification of a specific flight test or safety requirement.”

Phase I testing of an experimental aircraft requires ensuring it is able to operate in different environments. With only one field permitted for use, inspectors would not be able to verify an aircraft’s performance with various runway surfaces, wind conditions, or traffic volumes.

This order is not only needlessly restrictive, but also poses a potential safety hazard. Especially in initial testing, where the safety of a flight could be compromised at any given moment, pilots should not have to worry about getting the aircraft back to one specific location. Plus, if the listed field were to be temporarily shut down after takeoff, pilots would be inconvenienced with an extra workload just for needing to land the plane somewhere else.

For obvious reasons, the EAA is not happy with the new order.

“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,” the organization published.

The EAA has brought its concerns to the FAA in hopes of getting the policy reversed and has since received “favorable indications” of reconsideration.

FMI: www.eaa.org, www.faa.gov