More restrictions for "experimental"

On Mar 22, 3:13*pm, Andy wrote:
On Mar 21, 4:24*pm, Frank Whiteley wrote:





FAA Order 8130.2F(chg5). *Makes for interesting reading. *Download a
copy from the FAA web site.

*Regarding pre-moratorium experimental certificates of airworthiness
and notifying the FSDO.

Section 10 Para 155e
e. Effectivity. Aircraft that received original airworthiness
certification before July 9, 1993, are
NOT affected by this order unless the original airworthiness
certification purpose changes, for example,
from R&D to exhibition. Those aircraft, except for purpose changes,
will not be affected until the FAA
works with the public to determine the best strategy to certificate
all experimental exhibition and/or air
racing aircraft in accordance with the new policy. The policy
established in this order will not be used
in these cases unless specifically requested by the applicant.

*Anyone seen an NPRM?

*If post-moratorium, fun flying was never a legitimate purpose.

Para 158
158. GROUPS OF AIRCRAFT. Aircraft eligible for experimental
airworthiness certification for
exhibition or air racing range from unpowered gliders to high-
performance jet aircraft. In order to
properly certificate this wide range of aircraft, and in response to
the many public comments received,
the FAA has divided these aircraft into four groups. This was done in
order to establish standardized
operating limitations, proficiency areas, and inspection requirements
appropriate to each aircraft.
Minimum operating limitations for each group are provided in paragraph
161 of this order. The FAA
will make a determination of which group the aircraft will operate in
based on the following:

a. Group I, Performance Competition Aircraft.
(1) Description of Aircraft. Specialty aircraft are of limited
availability and possess design
characteristics that make the aircraft suitable for competition. The
operational parameters are designed
for only one purpose, for example, maneuverability, flight duration,
or speed, and as such would only be
used in performance-based competition events and would not be used for
personal business or transport
activity.
(2) Type of Aircraft. Aerobatic aircraft or powered/unpowered gliders.
Aircraft that would
operate under this group include the Rolladen-Schneider LS-4b,
Schleicher ASW-24, Pitts Special,
Sukhoi SU-26, Sukhoi SU-29, etc.
(3) Proficiency Area. All proficiency flights will be conducted in
airspace within an
operational radius of 300 nautical miles from the airport where the
aircraft is based.
(4) Inspection Requirements. These aircraft must be inspected each
year in accordance with
an inspection plan that contains the scope and detail of appendix D to
part 43..

*Regarding program letters and specificity of same

Para 159b
b. Records Inspection. In addition to the record inspection
requirements of paragraph 88a of this
order, the FAA must—
(1) Obtain from the applicant a program letter in accordance with §
21.193(a), setting forth the
purpose(s) for which the aircraft will be used. The program letter
must be specific as to the intended use
under the purpose requested, including names, dates, and locations of
airshows, air races, or exhibition
activities that will be attended. In the case of a movie or television
production, the date(s)
and location(s) of these productions must be provided. The applicant’s
program letter should state a
reasonable schedule of events to be attended, but should not list
events that would obviously be
impossible to attend, for example, listing all airshows scheduled in
the United States for the upcoming
year. Applicants should be advised that the program letter is subject
to review by the FAA and that the
owner/operator must notify the local FSDO by letter or fax of any
amendments to the proposed schedule
prior to that flight.

NOTE: Applicants that do not submit a specific program letter do not
meet
the intent of § 21.193 and must not be issued a special airworthiness
certificate.

*The order doesn't appear to allow e-mail changes, though my FSDO is
open to it by signed PDF amendment attached to e-mail with read
receipt option enabled. *Appears other FSDO's are also open to
something similar.

*Regarding airworthiness

Para160c.
c. An FAA inspector may elect to process the aircraft on a one-time
certification basis, for
example, via the issuance of only one special airworthiness
certificate of unlimited duration. In these
instances, when issuing the special airworthiness certificate for the
purpose(s) of exhibition and/or air
racing, the operating limitations will be prescribed in two phases in
the same document.

*Someone recently mentioned their FSDO would issue a new Airworthiness
Certificate and Operating Limitations. *Only the Operating Limitations
need amendment or restating, the airworthiness certificate doesn't
expire.

*Interesting that para161, by virtual of 91.319(b) allows the FSDO to
apply the factory test flights against the Phase I test requirements.
Good to know and a very reasonable policy, but needs to be annotated
in the aircraft log books. *Some DARs need to understand this.

*Regarding proficiency flights and what's stated in operating
limitations
Para161b
(31) All proficiency/practice flights must be conducted within the
geographical area described
in the applicant’s program letter and any amendments to that letter,
but no portion of that area will be
more than 300 nautical miles from the aircraft’s home base airport. An
exception is permitted for
proficiency flying outside of the area stated above for organized
formation flying, training, or pilot
checkout in conjunction with a specific event listed in the
applicant’s program letter (or amendments).
The program letter should indicate the location and dates for this
proficiency flying.
(Applicability: Group I; group III under 800 horsepower)

(35) Proficiency flights are authorized without geographical
restrictions when conducted in
preparation for participation in sanctioned meets and pursuant to
qualify for Federal Aeronautique
International (FAI) or Soaring Society of America (SSA) awards. These
flights may only take place as
defined in the applicant’s program letter, and prior to the specific
FAI or SSA event. The pilot in
command must submit a description of the intended route and/or
geographical area intended to be flown
to the local FSDO.
(Applicability: Group I, gliders only)

(37) The owner/operator of this aircraft must submit an annual program
letter update to the
local FSDO that lists airshows, fly-ins, etc., that will be attended
during the next year, commencing at
the time this aircraft is released into phase II operation. This list
of events may be amended, as
applicable, by letter or fax to the FSDO prior to the intended
operation amendments. A copy of the
highlighted aeronautical chart, when applicable, must be carried
aboard this aircraft and be available to
the pilot.
(Applicability: All)

(38) This aircraft is authorized for flights or static display at
airshows, air races, and in motion
pictures conducted under a waiver issued in accordance with § 91.903.
(Applicability: All)

Section 91.903: Policy and procedures.

(a) The Administrator may issue a certificate of waiver authorizing
the operation of aircraft in deviation from any rule listed in this
subpart if the Administrator finds that the proposed operation can be
safely conducted under the terms of that certificate of waiver.

(b) An application for a certificate of waiver under this part is made
on a form and in a manner prescribed by the Administrator and may be
submitted to any FAA office.

(c) A certificate of waiver is effective as specified in that
certificate of waiver.

[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989]

*Perhaps gliders need some sort of waiver in general.

*I would recommend active participation in the IGC(FAI)/OLC contest,
every flight. *As SSA state governor, I recognize OLC participation
annually in addition to other achievements. *http://www.coloradosoaring.org/awards.htm

State and national records are honored at the national level and world
records at the FAI level. *Badges are recognized awards at the SSA and
FAI levels. *I'm told one of the characters on the ASA discussion has
been chided by other hang glider types about his unwillingness or
inability to upload OLC flights. *Re-read 161b(35) again. *Some awards
require declarations. *According to my state record keeper, there have
been some changes regarding declarations for badges and records that
will result in rejections this year unless you are up on them. *Now
some of you have been warned, no whining later. *New forms on the SSA
web site. *Toss the stale forms at the glider port.

Frank Whiteley- Hide quoted text -

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Ok, I read all that but it is still not clear to me that the order
requires the program letter to define the date of every flight whch is
conducted within 300 miles of the home airport.

Do you think it requires that?

Andy (GY)- Hide quoted text -

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I just finished talking with my FSDO in Reno. He said we didn't need
to list every flight. If we fly out of the home airport then we need
to revise the Program Letter and state where we plan to fly and the
time frame ie: May through June. The more detail the better but no
requirement to define every flight. Tom VN