FAA Order 8130.2G, Ch 4, Sec 13, Par 4-161(g): g. In accordance with 14 CFR § 39.23, some operations specifications may give an
operator the authority including the provision to fly an aircraft to a repair station to perform work
required by an AD. If the operator does not have this authority, the local FSDO may issue a
special flight permit in accordance with 14 CFR § 21.197(a) unless the airworthiness directive
states otherwise.
(1) In cases where the special flight permit paragraph is intentionally missing from an
AD, 14 CFR § 39.23 authorizes the issuance of a special flight permit, if the AD was published
after August 21, 2002 (the effective date of 14 CFR § 39.23). In all new ADs, the special flight
permit is authorized by 14 CFR § 39.23, and not the AD, unless the engineer determines that the
aircraft cannot be moved safely, and therefore the AD will include a paragraph that does not
allow any special flight permit or has certain restrictions.
(2) The ASI also has the authority under 14 CFR § 39.23 to deny a special flight permit
request for safety reasons as well as adding operating restrictions to the proposed route of flight.
An example of a justified denial would be a special flight permit request for operation over large
bodies of water or mountainous terrain with a single-engine aircraft that has an AD applicable to
the engine or propeller.
h. If the product is not an aircraft, and the AD does not provide for the product’s operation during a ferry flight, in accordance with 14 CFR § 39.7 the product may not be operated during such a flight. If the aircraft on which the product is installed can be operated safely without operating the product, a special flight permit could be issued in accordance with14 CFR § 21.197(a) with a limitation that the product be rendered inoperative for flight.