That's all essentially correct, Jim, but in a way you did receive
approval. Per FAA Order 8130.2D the Phase I op lims will not permit
acro testing, except:
"Aerobatic maneuvers may be permitted while the aircraft is in the
assigned flight test area if, in the certificating inspector's
judgment, the aircraft has the capability of such flight." (para.
125(d))
Once so approved at the inspection stage, your FAA letter will read
differently than most, as in the case with the Pitts. The rest is as
you describe. It's amusing to read where EAA, in formal comments to
FAA on revisions to the above Order, wanted it to read that if the
builder _didn't say_ the plane _wasn't_ acro-capable, acro would be
automatically permitted in testing. FAA didn't bite.
The question is still what threshold criteria an inspector would use
to reach a determination of "capability of such flight." A Pitts
should pass easy, but for a Europa, it's the judgment of the
inspector. May get it for the asking; may have to answer a number of
questions and produce data. The document also describes how op lims
can be modified later after the testing phase. This may have the
advantage of not asking for too much initially? Self-designs have
been so approved, and a kitplane should arguably not be on a worse
footing just because the builder didn't design it.
Regards,
Fred F.
> Fred.
>
> The FAA does not grant approval nor deny approval for aerobatics in the
> airplane that you have built. When you complete the airplane and its ready for
> your first flight, the builder has to either have a DAR, or an FAA
> representative inspect your aircraft. He will also want to look at the
> builders construction log and also the construction manual to see if you have
> followed the kit manufactures basic construction. Once he has satisfied to
> himself that the airplane is airworthy he will then issue an AIRWORTHNESS
> CERTIFICATE and also The OPERATING LIMITATIONS FOR THAT ONE AIRPLANE. He will
> then have you make a statement in the log book that you have inspected the
> aircraft and it is safe for flight. At this point you are thru with the FAA.
>
> When you complete your 40 hr.. test period. you then have to make another
> entry in the log book attesting to the fact you have flown off the
> restriction's and the aircraft is safe for flight. You do not have to make any
> further contact with the FAA.
>
> If you want to do aerobatics in your airplane and stay legal, then during
> the 40 hr.. test period you must do each maneuver that you will later fly
> after the test period, once again you must make logbook entry's attesting
> that the maneuvers were performed, and that the airplane is safe to fly these
> maneuvers. You, the builder is the one who will certify that the airplane is
> aerobatic.
>
> This is the way the FAA safety inspector in Orlando handled my case.
>
> Regards
>
> Jim Brown
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