Phase 1 Program updated to allow Task-Based flyoff rather than 40 hours.

[Farmboy]

FAA just released AC 90-89C was released to supersede AC 90-89B.
A worthy read as you are building experimental...allows bypassing the 40 hour restricted area time burn in a safe manner.

Chapter 2 is the nuts and bolts of the new parameters, what in short allows builders to develop their own Task-Based flight program, to accurately check off all the safety parameters of their aircraft, create an AOH, and once done, move on to Phase 2 flight.

https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_90-89C.pdf

Build safe, Test safe, Fly safe.

pb

 

[frequent_flyer]

Thanks for the update.

For my FX-3, and probably any other factory assist build program, the real problem with phase 1 is not flying 40 hours it is the geographical constraint. It seems that is not changed by AC update -

"Required Operating Limitation.

In order to utilize a task-based flight test plan, the operating limitations for the aircraft need to reference this AC. The limitation that authorizes the use of the task-based flight test plan is worded as, or worded similarly to, the following:

All flights must be in this geographical area: [The area must be described by radius, coordinates, navigational aids, and/or landmarks. The size of the area and airports must be that required to safely conduct the anticipated maneuvers and tests.] Unless operating in accordance with the task-based flight test program described in Advisory Circular (AC) 90-89, Amateur-Built Aircraft and UltralightFlight Testing Handbook, chapter 2, section 1, during Phase I flight testing, this aircraft must be operated for at least _____ hours with at least_____ takeoffs and landings."

I put in a lot of hours in a very short time so I could minimize my time away from home (46 hours in 8 days). I would have much prefered to bring the aircraft home after x hours, or having completed some tasks, and fly the balance of phase 1 from home base.

It will be interesting to see if the airworthiness DAR will have discretion as to what numbers are entered here - "this aircraft must be operated for at least _____ hours with at least_____ takeoffs and landings." when an AC 90-89 program is not to be used.

 

[Farmboy]

I believe the new AC provides quite a bit of latitude and does not ask the DAR to specify any such thing.

This is just the beginning, but go back to the AC and continue on - As I read this if you choose to use a Task Based program, you are not asked to quantify or get approval for such. And assuming you will stick to the program and get it done, you can move into Phase II and back to your home airport (if needed) in less than the aforementioned 40 hours.

2.1.6.1 Use of a Task-Based Flight Test Plan. The FAA has been shifting to more performance-based rules and policy, which has led to allowances for performance-based criteria in experimental aircraft flight testing. The minimum 25- or 40-hour flight test period has long been considered necessary to ensure that the aircraft and its systems are properly and thoroughly tested, found to be reliable, that the aircraft does not exhibit any undesirable flight characteristics or system flaws, and that it is tested throughout its intended flight regime. This AC creates the ability for builders to utilize a comprehensive, individualized task-based flight test plan to meet the objectives of the flight test, but according to certain completion criteria and possibly less than the typical 25 or 40 hours, depending on the complexity of the aircraft.

2.1.6.2 Expectations. The ability to use the task-based flight test plan as provided in this AC is enabled via the issuance of an operating limitation that allows its use, in lieu of the minimum 25- or 40-hour flight test periods contained in previously issued operating limitations. The FAA will permit the use of a task-based flight test plan based on your use of this AC and adherence to the objectives of the task-based flight test plan, providing the specified log book entry, and maintaining the AOH on board the aircraft following flight testing. No formal FAA acceptance process is necessary for the builder to utilize a task-based flight test plan. Issuance of operating limitations with the traditional minimum hourly flight test periods specified for a pilot to flight test their aircraft as the sole occupant of the aircraft during Phase I remains for those who choose to do so in accordance with those operating limitations. There is no requirement to create, submit, or use a formal flight test plan. However, the FAA strongly encourages amateur builders to develop and utilize an individualized, comprehensive, requirements-based, operation centric (task-based) flight test plan appropriate for the complexity of the aircraft with specific tasks and objectives. The FAA also encourages builders to utilize the Additional Pilot Program (APP) described in AC 90-116,Additional Pilot Program for Phase I Flight Test. A task-based flight test plan should contain the minimum elements described in this AC, provide aircraft systems reliability and flight envelope testing to ensure that the aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed, and ensure that the aircraft has no hazardous operating characteristics or design features. The FAA expects that builders follow their flight test plan, including those who utilize a task-based flight test plan.

 

[frequent_flyer]

I believe the new AC provides quite a bit of latitude and does not ask the DAR to specify any such thing.

The limitations in effect during phase 1 are defined in the Operating Limitations. The AC provides new wording for those operating limitations. If the DAR does not fill in the blanks then who does?

Here is the AC text again:

"Required Operating Limitation.

In order to utilize a task-based flight test plan, the operating limitations for the aircraft need to reference this AC. The limitation that authorizes the use of the task-based flight test plan is worded as, or worded similarly to, the following:

All flights must be in this geographical area: [The area must be described by radius, coordinates, navigational aids, and/or landmarks. The size of the area and airports must be that required to safely conduct the anticipated maneuvers and tests.] Unless operating in accordance with the task-based flight test program described in Advisory Circular (AC) 90-89, Amateur-Built Aircraft and UltralightFlight Testing Handbook, chapter 2, section 1, during Phase I flight testing, this aircraft must be operated for at least _____ hours with at least_____ takeoffs and landings."

My interpretation is that the hours and landings must be specified and that the builder then has a choice of following a task based test plan OR meeting the minimum hours/landings.

 

[dgapilot]

Until FAA Order 8130.2 is updated there won’t be any change to operating limitations. I’m pretty sure it has to be published in the Federal Register for comments and the comments adjudicated before the new version will be published. I would figure no sooner than 6 months, maybe a year or more before it is out.


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[Farmboy]

In the text you copied, it states “unless operating in accordance with the task based program, ….it must be operated for ____hours”

Hence, if you plan a task based program, the hour limitation does not apply.


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[frequent_flyer]

In the text you copied, it states “unless operating in accordance with the task based program, ….it must be operated for ____hours”

Hence, if you plan a task based program, the hour limitation does not apply.

That is not in dispute. However, the quoted text is what the AC requires to be inserted in the operating limitations. Not just the part you like, but all of it. The AC as published does not allow the operating limitations to reference ONLY the task-based option.

My understanding is that, currently, operating limitations are computer generated from a template defined under FAA Order 8130.2. If Order 8130.2 has not changed to match the wording of the AC update then how will the AC have any effect?

I found it interesting that the AC requires log entries for performance speeds and the weight and CG for which they were tested. There is no such requirement in current operating limitations. It's as though the AC was written to an old version of the operating limitations requirements.

I think some coordination will be needed before task-based phase 1 comes into effect. dgapilot seems to agree.

The bottom line is that the Operating Limitations as issued by the DAR define phase 1 not the advisory circular.

ref https://www.faa.gov/regulations_pol...fm/go/document.information/documentid/1031547

 

[dgapilot]

That is not in dispute. However, the quoted text is what the AC requires to be inserted in the operating limitations. Not just the part you like, but all of it. The AC as published does not allow the operating limitations to reference ONLY the task-based option.

My understanding is that, currently, operating limitations are computer generated from a template defined under FAA Order 8130.2. If Order 8130.2 has not changed to match the wording of the AC update then how will the AC have any effect?

I found it interesting that the AC requires log entries for performance speeds and the weight and CG for which they were tested. There is no such requirement in current operating limitations. It's as though the AC was written to an old version of the operating limitations requirements.

I think some coordination will be needed before task-based phase 1 comes into effect. dgapilot seems to agree.

The bottom line is that the Operating Limitations as issued by the DAR define phase 1 not the advisory circular.

ref https://www.faa.gov/regulations_pol...fm/go/document.information/documentid/1031547

You are correct, until Order 8130.2 and the AWC have been updated you will get the limitations in 8130.2. Keep in mind that this AC was written and issued by AFS-300 which is part of Flight Standards. Order 8130.2 is written by AIR-100, which is part of Aircraft Certification Services. These are two different sections of the FAA and they don't always talk to one another. Keep in mind that ACs are information for the public and Orders are National Policy that FAA is supposed to use. All us DARs are required to follow the existing Order so until that is updated you will not get Operating Limits similar to what is in the AC.

 

[Farmboy]

You are correct, until Order 8130.2 and the AWC have been updated you will get the limitations in 8130.2. Keep in mind that this AC was written and issued by AFS-300 which is part of Flight Standards. Order 8130.2 is written by AIR-100, which is part of Aircraft Certification Services. These are two different sections of the FAA and they don't always talk to one another. Keep in mind that ACs are information for the public and Orders are National Policy that FAA is supposed to use. All us DARs are required to follow the existing Order so until that is updated you will not get Operating Limits similar to what is in the AC.

So you need AC 90-89C to be written into 8130.2J(e) before you can allow a task based program as presented.

e. Issue Airworthiness Certificate.(1) Duration of Assignment to Flight Test Area. Amateur-built aircraft should belimited to operation within an assigned flight test area for at least (a) 40 hours when a non-type-certificated engine, propeller, or engine/propellercombination is installed.(b) 40 hours if an installed type-certificated engine, propeller, or engine/propellercombination has been altered in a way that differs from an approved type design on a TCDS.(c) 25 hours when an unaltered, type-certificated engine/propellercombination is installed.(d) 10 hours and at least five takeoffs and landings for gliders, balloons,and airships.(e) Five hours after any major change.

 

[jnorris]

So you need AC 90-89C to be written into 8130.2J(e) before you can allow a task based program as presented.

e. Issue Airworthiness Certificate.(1) Duration of Assignment to Flight Test Area. Amateur-built aircraft should belimited to operation within an assigned flight test area for at least (a) 40 hours when a non-type-certificated engine, propeller, or engine/propellercombination is installed.(b) 40 hours if an installed type-certificated engine, propeller, or engine/propellercombination has been altered in a way that differs from an approved type design on a TCDS.(c) 25 hours when an unaltered, type-certificated engine/propellercombination is installed.(d) 10 hours and at least five takeoffs and landings for gliders, balloons,and airships.(e) Five hours after any major change.

There will need to be a number of changes to Order 8130.2, as well as in the AWC online application system, before this becomes a reality. That's gonna take some time. This is another example of the FAA putting the cart before the horse. It's wonderful that this AC has been updated, but none of the update can be used until we can issue the appropriate limitation in the airworthiness certificates for the aircraft. NONE of this has any effect on aircraft that have already been certificated. Owners/pilots MUST follow the operating limitations that were issued to that individual airplane. They can't automatically switch over to this new "task-based" approach.

 

[JohnnyR]

Following!

 

[Farmboy]

There will need to be a number of changes to Order 8130.2, as well as in the AWC online application system, before this becomes a reality. That's gonna take some time. This is another example of the FAA putting the cart before the horse. It's wonderful that this AC has been updated, but none of the update can be used until we can issue the appropriate limitation in the airworthiness certificates for the aircraft. .

One year? Two?


Transmitted from my FlightPhone on fingers… [emoji849]

 

[skywagon8a]

Don't forget, your test area doesn't need to be centered on your home airport. With a little imagination you can cover a lot of area. 40 hours doesn't take long when you have an agenda.

 

[Farmboy]

The 40 hours or the location doesn’t bother me, but I really like the concept of someone being more sensible and letting a builder run a flight test program to fruition, and then be on their way.
It also will add value to some builders that hire someone to fly a flight test program. Someone experienced with the aircraft and know where the edges of the envelope should be can sort it out better and faster than a builder with little experience.


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[skywagon8a]

pb, These are homebuilts, we aren't running a certification program. There are really very few things you are asked to document. Most of the 40 hours is just to make sure it isn't going to fall apart.

 

[dgapilot]

So you need AC 90-89C to be written into 8130.2J(e) before you can allow a task based program as presented.

e. Issue Airworthiness Certificate.(1) Duration of Assignment to Flight Test Area. Amateur-built aircraft should belimited to operation within an assigned flight test area for at least (a) 40 hours when a non-type-certificated engine, propeller, or engine/propellercombination is installed.(b) 40 hours if an installed type-certificated engine, propeller, or engine/propellercombination has been altered in a way that differs from an approved type design on a TCDS.(c) 25 hours when an unaltered, type-certificated engine/propellercombination is installed.(d) 10 hours and at least five takeoffs and landings for gliders, balloons,and airships.(e) Five hours after any major change.

That would be correct. All the guys in Aircraft Certification Services were blindsided by this. Typical of FAA where the different divisions don’t talk to one another!


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[dgapilot]

Don't forget, your test area doesn't need to be centered on your home airport. With a little imagination you can cover a lot of area. 40 hours doesn't take long when you have an agenda.

Every certificate I write I try and give a phase 1 test area large enough so you can fly in one direction for an hour at normal cruise speed. Sometimes it hard, and there are some airports you just can’t give a phase 1 out of. Had one where the guy had to take the airplane apart and move it to another airport.


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[dgapilot]

There will need to be a number of changes to Order 8130.2, as well as in the AWC online application system, before this becomes a reality. That's gonna take some time. This is another example of the FAA putting the cart before the horse. It's wonderful that this AC has been updated, but none of the update can be used until we can issue the appropriate limitation in the airworthiness certificates for the aircraft. NONE of this has any effect on aircraft that have already been certificated. Owners/pilots MUST follow the operating limitations that were issued to that individual airplane. They can't automatically switch over to this new "task-based" approach.

Once they do provide the guidance 8130.2 and AWC updated, the only way existing certificates can be updated to the new limitations is to apply for an Amended Certificate. File an application on AWC, then hire a DAR to come and issue the amended certificate. It will be easier and less expensive to just fly off the limitation that is on the existing certificate!


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[Farmboy]

I’m not sure anyone is looking to change a certificate. Nor would I understand why someone would want to.

I’m asking for the future builders finishing their project. Myself included.


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[Bearhawk Builder]

Thanks for pointing this out Peter. When I went through the process last year my DAR mentioned this potential change coming. She saw that we were using the EAA flight test program which is a task based, individual flight card type program that looks a lot like AC90-89C in concept. The EAA has done a very good job producing this test program and I'm wouldn't be surprised if these changes are in part driven by development of these types of improvements. I have gone through the experimental certification process several times dating back 15 years and the process has certainly matured. Task based is nice, it gives the builder/pilot a set of specific goals for each flight, a mission, instead of simply boring holes in the sky for 40 hours. It is a much more sensible way of testing the aircraft. I did the test flights on the first Bearhawk Companion prototype using the task based EAA flight test program in close communication with the designer. I did lots of flights testing static and dynamic stability, stall/spin characteristics, max gross and CG stability testing etc. ensuring the aircraft would perform as the designer expected. The phase 1 test period went by quickly and with much more purpose than simply flying for 40 hours.
I would expect that when implemented this would allow DAR's to lessen the mandatory hour requirement but focus more on completing the tasks, however long that might take and write that into the operating limitations.

 

[Utah-Jay]

The thing about task based testing is it might take one builder/pilot 30 hours to complete, and another 45 hours. Kinda like student pilots, I would think the time required may vary.

 

[Bearhawk Builder]

That could be a good thing. Some of these experimentals are so simple and proven that you really are just testing the engine/prop combo after the first flight.

 

[Farmboy]

A Rans builder followed up with his contacts at EAA and got this response.



Transmitted from my FlightPhone on fingers… [emoji849]

 

[dgapilot]

My FAA managing specialists at both the FSDO and the MIDO knew nothing about this. They both said we need to follow 8130.2. Current policy even says we need to verify what AWC gives against what is in 8130.2.


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[frequent_flyer]

This EAA notice, which I received by email this morning, seems to imply that EAA thinks Task-Based phase 1 can be used now:

 

[Farmboy]

Webinar has started for this -

Been a long time coming -

 

[Farmboy]

Deviation letter is coming - signed today or tomorrow. It IS Effective. For DAR's - Manually edit the AWC for ASI's.

 

[Farmboy]

EAA side note, a draft ruling of MOSAIC is expected this summer, will go out for comment for 60 days, then another year for a finalized and published ruling.

 

[frequent_flyer]

Deviation letter is coming - signed today or tomorrow. It IS Effective. For DAR's - Manually edit the AWC for ASI's.

You beat me to it!. I had copied the same slides and planned to post them when the webinar ended. Hopefully they will have the same success with extending the "additional pilot program" to plans built aircraft.

 

[dgapilot]

Still nothing from AIR-630 to designees. No change until that comes through.


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