"Cy Galley" wrote in message
news:aJk4d.91311$D%.90322@attbi_s51...
Here is my take that might work.

Ask that the listed gross weight is reduced. Why? because during the
testing
phase, the plane didn't perform as expected. You felt unsafe at your
tested
gross weight. For safety, please lower the gross weight to 1329.

Isn't the testing phase designed for checking out the plane's parameters
so
it can be safely flown? If it isn't, why have a testing phase at all.

My Bellanca has a red line of 216 MPH. Why such a weird number? It is 90%
of the demonstrated test speed of 240 MPH. (240-24). For safety the CAA
dropped off 10%. You should be able to do the same from your testing
program.

Cy...........

I feel somewhat the same about the "specified" gross weight of an
Experimental - Amateur Built aircraft. I'm not even sure the gross weight is
recorded with the FAA. I'm sure that the other parameters are not, such as
stall spped, max speed (Vh), propeller type, cabin pressurization - even
retractable gear.

Then too, there is the proviso that one may make changes - even major
changes - to an airplane of this class.

I will agree that the new regs do say in order to be certified as a LSA, the
aircraft must have, since it's original certification, continued to meet the
limitations. But in this case, we are not alking about changing the
certification of the aircraft. We are simply trying to meet the intent of
this statement:

"Aircraft with a standard airworthiness certificate that meet above
specifications may be flown by sport pilots. However, that airworthiness
certification category will not be changed to a light-sport aircraft.
Holders of a sport pilot certificate may fly an aircraft with a standard
airworthiness certificate if it meets the definition of a light-sport
aircraft."

It is a small point perhaps and one that may be better left unquestioned. It
is my feeling that the particular wording was adopted at the behest of the
existing and hopeful LSA aircraft manufacturers in order to sell more new
airplanes. I have no basis for this opinion except an assumption of avarice.
Letting the people who stand to make a buck set the rules of the game
doesn't seem kosher.

I suppose there is always the option of abandoning the certification of an
airplane and then going through the process again with a lower gross on the
data plate. Oh, BTW I would ask for 1319# - not 1329" )

Rich S.