FAA Issues Order 8130.2M

The FAA has released Revision “M” of Order 8130.2. This document governs the airworthiness certification of all aircraft and is one of the final pieces of the rollout of the Modernization of Special Airworthiness Certification (MOSAIC) rule. In addition to new instructions for certifying the next generation of light-sport category aircraft, Order 8130.2M sets new operating limitations for experimental aircraft.

The most significant positive change for homebuilders is that the FAA is no longer automatically assigning specific Phase I flight test areas via operating limitations. With the new version, anywhere in the United States that conforms with 14 CFR 91.305 is acceptable for flight testing. Note that, although assignment of an area is no longer automatic, the FAA reserves the right to assign an area if necessary for safety. Section 91.305 states:

No person may flight test an aircraft except over open water, or sparsely populated areas, having light air traffic.

Note that, as was previously the case, not every airport is suitable for flight testing under this rule. Airports surrounded by densely populated areas or periods of heavy traffic may be inappropriate. It is up to the operator to make this determination, and the future of this very flexible language will depend on its responsible use by the community.

Another significant change involves the oversight of original airworthiness certification. FAA certificate management sections (CMS, formerly MIDOs) now have oversight of all original airworthiness applications — a duty they previously split with flight standards district offices (FSDOs). Designated airworthiness representatives overseen by FSDOs (DAR-Ts) will continue to have the ability to issue original airworthiness certificates, but the CM section will have the first opportunity to issue the certificate. The CM section has the ability to transfer the original airworthiness certification to an airworthiness aviation safety inspector (ASI) or DAR-T through the airworthiness certification (AWC) system, but before that occurs, the manager of the CM section must contact the gaining FSDO to confirm they will accept it.

For the issuance original airworthiness certification, members should contact their CMS. A list of offices can be found here. EAA will monitor this change’s effect on homebuilders in the field, and members should contact us if they experience any difficulties securing a timely inspection. Order 8130.2 is one of the most important FAA documents for homebuilders to know and understand and is frequently updated. EAA will continue to work with the FAA to ensure that the needs of homebuilders and general aviation operators are met in this and all future revisions.