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The regulation you found does indeed apply to Amateur Built aircraft, and the later statement that the regulation would not be applicable following the initial test flights (phase 1) is only partially true.
Once the aircraft is ready to fly and the FAA or a designee inspects the aircraft to issue the Special Airworthiness Certificate, they will generate Operating Limitations that are attached to the certificate and must be adhered too for all operations. The current wording for Phase 2 flight area operations is:
26. Flight over a densely populated area or in a congested airway is authorized for the purpose of takeoff or landing; or unless sufficient altitude is maintained to make a safe emergency landing in the event of a power unit failure, without hazard to persons or property on the ground. (55)
FAA order 8130.2J is the current guidance for certificates, it does change fairly regularly so today's policy may differ in a year, but the above wording is current as of today.
I have been a FAA Designee since 2000, and I am a fan of the RV series. Easy to build, operate, inspect and fun to fly. If you have specific questions, fire away. Matt
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