“Airworthiness Certification of Aircraft” (Including Experimental Operating Limitations)

Last week the FAA published Order 8130.2L, which contains new policy for certifying aircraft consistent with changes in the Modernization of Special Airworthiness Certification (MOSAIC) rule.

Crucially, the new order contains an update to standard operating limitations that allows light-sport repairmen with an inspection rating (LSRIs) to conduct condition inspections on all experimental amateur-built aircraft (E-ABs). Although the MOSAIC rule changed 14 CFR 65.109 to allow LSRIs to conduct condition inspections on all E-ABs, most of these aircraft have an operating limitation that — independent of the rule — state who may perform conditions inspections. 

LSRIs were not explicitly called out in that previous operating limitation language as having inspection privileges, and the FAA has consistently stated to EAA that operating limitations must be updated to enable their new privileges for individual E-ABs. This same issue affects the privileges of light-sport repairmen with a maintenance rating (LSRMs), who may work on their own aircraft or operate in a commercial capacity. 

EAA is working to obtain more clarification on this matter and potential alternatives to this paperwork exercise, but owners may now update to the new operating limitation standard found in 8130.2L to remove any ambiguity over LSRI and LSRM inspection privileges for their aircraft. New operating limitations may be issued either through the local flight standards district office (FSDO) or a designated airworthiness representative (DAR). EAA recognizes that operating limitations differ from aircraft to aircraft, and always recommend that any owner compare their current limitations to those found in the latest version of Order 8130.2 before deciding whether to update. A list of operating limitations for all types of experimental aircraft is found in Appendix D of the document — look for “191(g)” in the “certification basis” column for limitations pertaining to E-ABs. 

This process is only necessary to add LSRI and LSRM inspection privileges to an already-certificated E-AB. New aircraft will have these operating limitations by default moving forward. EAA also notes that older E-ABs certificated in the mid-1990s and earlier may not have a limitation pertaining to inspection privileges, meaning that the LSRIs and LSRMs would have privileges without this change.

Other changes in Order 8130.2L include cleanups to existing operating limitations and guidance that had concerned EAA, including a severe limitation on the number of authorized airports during Phase I flight testing (though quickly corrected in the previous version by policy memo after EAA raised the issue) and a requirement for FAA-approved inspection programs for some turbine-powered airplanes that was overly burdensome.