From: CKohler312@aol.com
Return-path: <CKohler312@aol.com>
To: ReganRanch@aol.com
Subject: Re: Operation Over Densely Populated Areas
Date: Wed, 25 Nov 1998 15:04:51 EST
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I am now issuing operating limitations that do not have a "3" listed in No. 1
of  "The following limitations apply outside the flight test area".
My authority to do this is in the 8300.10 and 8700.1 appendix 3
and bulletin No. HBAW 98-11 and HBGA 98-05
Here is the reference;

"(3) Operating Outside the Flight Test Area. Once flight testing is completed
and the aircraft meets the requirements of section 91.319(b), special
operating limitations may be issued to experimental aircraft to permit them to
operate over densely populated areas, both en route and during takeoffs and
landings, and to operate within congested airways of the National Airspace
System (NAS)."

Notice the "may be issued".

Now, How about those who are operating under limitations issued prior to this
squabble???? Like me.

The bulletin continues and addresses this problem.
"(4) Previously Issued Operating Limitations. Aircraft that have successfully
completed Phase I flight testing to meet the requirements of Section
91.319(b), and were issued special operating limitations authorizing takeoffs
and landings over densely populated areas prior to the date of this bulletin,
may continue to operate over densely populated areas under the authority of
the original authorization. Those operators need not reapply to the FSDO, MIDO
or MISO for additional
authorizations."

It can be interpreted that if your flight test area restrictions included a
densely populated area that no further approval is needed.

Most of us were not.  So if we operate over densely populated areas, hence we
should all apply for new certificates.  

I am checking with my FSD0 to see how they feel about this.
 It looks like Brent has a very cooperative office.
Charlie K.