Certification of Aircraft and Airmen for the Operation of Light- Sport Aircraft

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: February 5, 2002 (Volume 67, Number 24)]
[Proposed Rules]
[Page 5367-5415]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe02-31]

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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 21, 43, 45, 61, 65 and 91
[Docket No. FAA-2001-11133; Notice No. 02-03]
RIN 2120-AH19

Certification of Aircraft and Airmen for the Operation of Light-
Sport Aircraft

AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA is proposing requirements for the certification,
operation, maintenance, and manufacture of light-sport aircraft. Light-
sport aircraft are often heavier and faster than ultralights and
include airplanes, gliders, balloons, powered parachutes, weight-shift-
control aircraft, and gyroplanes. This action is necessary to address
advances in sport and recreational aviation technology, gaps in the
existing regulations, and several petitions for rulemaking and for
exemptions from existing regulations. The intended effect of this
action is to provide for the manufacture of safe and economical
aircraft and to allow operation of these aircraft by the public in a
safe manner.

DATES: Send your comments on or before May 6, 2002.

ADDRESSES: Address your comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh St., SW.,
Washington, DC 20590-0001. You must identify the docket number at the
beginning of your comments, and you should submit two copies of your
comments.
You may also submit comments through the Internet to http://dms.
dot.gov. You may review the public docket containing comments to these
proposed regulations in person in the Dockets Office between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Dockets
Office is on the plaza level at the Department of Transportation
building at the address above. Also, you may review public dockets on
the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Susan Gardner at 202/267-5008 for
questions regarding airman certification and operational issues (14 CFR
parts 1, 43, 45, 61, 65, and 91). For questions regarding aircraft
certification (14 CFR part 21), call Steve Flanagan at 202/267-5008.
Due to the large volume of questions we expect from this proposal,
please leave a message and we will answer your questions within 3 days.
Please use this phone number for questions only. If you wish to submit
a public comment, please review the procedures below to ensure that
your comments are included in the docket.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Overview of the Proposal
III. Effects of the Proposal on the Public and Industry
IV. Background
A. Current rules
B. The FAA's reasons for this propsal
V. The Aviation Rulemaking Advisory Committee (ARAC)
VI. Section-by-Section Analysis of the Proposal
A. What are the proposed changes to 14 CFR part 1?
B. What are the proposed changes to 14 CFR part 21?
C. What are the proposed changes to 14 CFR part 43?
D. What are the proposed changes to 14 CFR part 45?
E. What are the proposed changes to 14 CFR part 61?
F. What are the proposed changes to 14 CFR part 65?
G. What are the proposed changes to 14 CFR part 91?
VII. Paperwork Reduction Act
VIII. International Compatibility
IX. Regulatory Evaluation Summary'Executive Order 12866 and DOT
Regulatory Policies and Procedures
A. Economic evaluation
B. Initial regulatory flexibility determination
C. International trade impact statement
D. Initial unfunded mandates assessment
X. Executive Order 13132, Federalism
XI. Environmental Analysis
XII. Energy Impact

I. Public Comment Procedures

The FAA invites you to participate in this rulemaking action by
submitting written data, views, or arguments. We also invite comments
relating to the environmental, energy, federalism, or economic impact
that might result from adopting the proposals in this document.
Substantive comments should contain cost estimates. In your comments,
identify the regulatory docket or notice number you are commenting on.
Submit them in duplicate to the DOT Rules Docket address specified
above.
We will file in the docket all comments received, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date.
We will consider all comments received on or before the closing
date before taking action on this proposed rulemaking. We will consider
comments filed late as far as possible without incurring expense or
delay. We may change the proposals in this document in response to
comments.
If you want FAA to acknowledge receipt of your comments include a
pre-addressed, stamped postcard. In the message area, identify the
document you are commenting on by notice or docket number. We will date
stamp the postcard and mail it to you.
We also anticipate holding an electronic public meeting during the
comment period. You will be able respond on-line via the Internet to
questions that we will ask you regarding this proposal. We will publish
a notice in the Federal Register shortly announcing more details about
this virtual public meeting.

Availability of Rulemaking Documents

You can get an electronic copy of this document from the Internet
by taking the following steps:
(1) Go to the search function of the Department of Transportation's
electronic Docket Management System (DMS) web page (http://dms.dot.gov/
search).
(2) On the search page, type in the last four digits of the docket
number shown at the beginning of this document. Click on ``search.''
(3) On the next page, which contains the docket summary
information, click on the item you want to see.
You can also get an electronic copy using the Internet through the
FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the
Federal Register's web page at
http://www.access.gpo.gov/su_docs/aces/aces140.html.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Ave., SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number or notice number of this rulemaking.

II. Overview of the Proposal

This proposal addresses three major issues:
Certification of light-sport aircraft;
Certification of pilots and flight instructors to operate
light-sport aircraft; and
Certification of repairmen to maintain light-sport
aircraft.
We discuss these issues in more detail below.

[[Page 5369]]

Certification of Light-Sport Aircraft

Light-sport aircraft are small, simple-to-operate, low-performance
aircraft. The FAA is proposing to limit these aircraft to a maximum of
2 occupants, a 1,232-lb. (560 kg.) takeoff weight, a 39-knot stall
speed, a 115-knot maximum operating speed, a single engine, and fixed
landing gear. Refer to the definition of light-sport aircraft in the
proposed rule for a complete list of limits for those aircraft.
Helicopters and powered lift would not be light-sport aircraft due to
their complexity.
The FAA currently issues two major types of airworthiness
certificates--standard and special. The special airworthiness
certificate includes six categories--primary, restricted, limited,
provisional, special flight permits, and experimental. We propose to
add a seventh category of special airworthiness certificate--light-
sport. You could use aircraft issued a special light-sport
airworthiness certificate for sport and recreation, flight training, or
rental. The special airworthiness certificate would ensure that
aircraft used for these purposes are designed and manufactured to an
identified standard. The FAA would exclude gyroplanes for this
certificate.
The FAA currently issues special experimental certificates for
eight purposes. We propose to add a new purpose--to operate light-sport
aircraft--for issuing an experimental certificate. There would be three
ways to get an experimental certificate for the purpose of operating
light-sport aircraft. First, if you operate a light-sport aircraft that
does not meet the existing definition of ultralight vehicle in 14 CFR
103.1, you would have to apply for an experimental airworthiness
certificate for your aircraft under this provision. You would have to
apply to register your aircraft not later than 24 months after the
effective date of the final rule. You would then have your aircraft
inspected and an airworthiness certificate issued not later than 36
months after the effective date of the final rule. You could use
aircraft with an airworthiness certificate issued for this experimental
purpose for sport and recreation, and flight training. For a period of
3 years after the effective date if the final rule, you could operate
these aircraft for compensation or hire, while conducting flight
training.
Second, you could get an experimental airworthiness certificate for
an aircraft you assembled from an eligible kit. You could use these
aircraft only for sport and recreation, and flight training.
And finally, you could get an experimental airworthiness
certificate to operate a light-sport aircraft if it previously had been
issued a special, light-sport aircraft airworthiness certificate and
you do not want to comply with the operating limitations associated
with a special light-sport certificate. For example, you could do this
if you wanted to alter the aircraft without the manufacturer's
authorization, or you choose not to comply with the mandatory safety-
of-flight actions. You could use these aircraft only for sport and
recreation, and flight training.

Table 1.--Proposed New or Expanded Airworthiness Certificate
Categories and Purposes

Aircraft Airworthiness Certificate
----------------------------------------------------------------------------------------------------------------
Airworthiness certificate Categories/Other Purposes
----------------------------------------------------------------------------------------------------------------
I. Standard........................... A. Normal.
B. Utility.
C. Acrobatic.
D. Commuter.
E. Transport.
F. Manned free balloons.
G. Special classes of
aircraft.
II. Special........................... A. Primary.
B. Restricted.
C. Limited.
D. Light-Sport (Sec.
21.186).\1\
E. Provisional.
F. Special Flight Permits.
G. Experimental (Sec. 21.191) 1. Research and development.
2. Showing compliance with regulations.
3. Crew training.
4. Exhibition.
5. Air racing.
6. Market surveys.
7. Operating amateur-built aircraft.
8. Operating primary category kit-built
aircraft.
9. Operating light-sport aircraft (Sec.
21.191(i)).\1\
a. existing aircraft that do not meet
part 103.
b. kit-built, light-sport aircraft.
c. aircraft previously certificated
under Sec. 21.186.
----------------------------------------------------------------------------------------------------------------
\1\ New airworthiness certificate categories and/or purposes.

Certification of Pilots and Flight Instructors to Operate Light-Sport
Aircraft

The FAA is also proposing two new pilot certificates and two new
aircraft category ratings to allow operations of light-sport aircraft.
Currently, we issue student, recreational, private, commercial, and
airline transport pilot certificates. This proposal would add a student
pilot certificate for operating light-sport aircraft and a sport pilot
certificate. We would issue the sport pilot certificate and flight
instructor certificate with a sport pilot rating without any category
and class ratings. However, the applicable aircraft category, class,
and make and model privileges would be established through logbook
endorsements.
The FAA currently issues airplane, helicopter, gyroplane, glider,
balloon, airship, and powered-lift aircraft category ratings. We
propose to add powered parachute and weight-shift-control aircraft
category ratings for the

[[Page 5370]]

private pilot certificate. The weight-shift-control aircraft category
rating would include land and sea class ratings.

Table 2.--Proposed New or Expanded Pilot/Flight Instructor
Categories and Class Ratings

Pilot/Flight Instructor Certification
----------------------------------------------------------------------------------------------------------------
Proposed new or expanded pilot/flight Proposed new aircraft category/ Proposed new aircraft category/class
instructor certificates class ratings privileges
----------------------------------------------------------------------------------------------------------------
Student--operating light-sport N/A........................... Airplane (Land/Sea), Gyroplane, Airship,
aircraft. Balloon, Weight-shift-control (Land/
Sea), and aircraft Powered Parachute.
Sport................................. N/A........................... Airplane (Land/Sea), Gyroplane, Glider,
Airship, Balloon, Weight- shift-control
(Land/Sea), and Powered Parachute.
Private............................... Powered Parachute Weight-Shift-
Control (Land/Sea).
Flight Instructor..................... Sport Pilot.
----------------------------------------------------------------------------------------------------------------

A student pilot operating light sport aircraft, a sport pilot, and
a flight instructor with a sport pilot rating could operate or provide
training only in a light sport aircraft that meets the definition under
14 CFR part 1. These light sport aircraft could be issued any one of
the standard or special airworthiness certificates shown in Table 1.
The FAA proposes to revise recreational pilot certificate
privileges to align them with the proposed privileges for sport pilots,
primarily to permit operation in Class B, C, and D airspace. To operate
in that airspace, you would have to get appropriate training and
logbook endorsements. We also propose to revise the training
requirements for the private pilot certificate to permit private pilots
to operate powered parachutes and weight-shift-control aircraft.
This proposal also addresses flight instructor certification and
ground instructor privileges. The FAA would add a new rating for flight
instructors--the sport pilot rating--and would revise privileges for
ground instructors to train sport pilots and flight instructors with a
sport pilot rating.

Certification of Repairmen To Maintain Light-Sport Aircraft

We also would add a new repairman certificate, which we would issue
with a maintenance or inspection rating. If we issue you an inspection
rating, you could perform the annual condition inspection on your own
aircraft that has an experimental, light-sport airworthiness
certificate. If we issue you a maintenance rating, you could perform
all of the inspections required for an aircraft with an experimental,
light-sport airworthiness certificate, and the inspections and other
maintenance required on an aircraft with a special, light-sport
airworthiness certificate. A maintenance rating would allow you to work
on category--specific aircraft that you may not own.

III. Effects of the Proposal on the Public and Industry

This section of the preamble describes in general terms how the
proposal would affect certain categories of people. A reader who is
interested in a quick overview of the proposal may find this part
useful. In preparing this overview, we condensed the material and
focused on the major concepts of this proposed rule. If you are looking
for a detailed description, you should read the section-by-section
analysis portion of the preamble.

I Own or Plan To Purchase a Light-Sport Aircraft Within 24 Months After
the Rule Is Effective. How Would This Proposal Affect Me?

If you own or plan to purchase an ultralight that meets the
definition of ultralight vehicle in part 103 of our regulations (14 CFR
part 103), this proposal doesn't affect you.
If your aircraft or the aircraft you plan to purchase doesn't meet
the definition of ultralight vehicle in 14 CFR part 103, you would have
to apply to register your aircraft with the FAA not later than 24
months after the effective date of the final rule. You would then have
your aircraft inspected by the FAA (or representative of the FAA) and
an experimental, light-sport airworthiness certificate must be issued
not later than 36 months after the effective date of the final rule.
If you currently operate an ultralight vehicle under a training
exemption and you also have applied to the FAA for aircraft
registration, you would be allowed to continue to operate under the
training exemption until you are issued an experimental, light-sport
airworthiness certificate. If your aircraft does not meet 14 CFR part
103 and you are not authorized to operate under a training exemption,
you would not be allowed to operate under 14 CFR part 91 until you
register your aircraft with the FAA and receive an airworthiness
certificate for your aircraft.

I'd Like To Buy a Ready-to-Fly Light-Sport Aircraft and Use It for
Training and Rental. How Would This Proposal Affect Me?

If you buy a U.S.-manufactured, ready-to-fly light-sport aircraft
after the effective date of the final rule and intend to use it for
training or rental, you could apply for a special airworthiness
certificate in the light-sport category. To get the certificate, you
would have to present the following information to the FAA:
The manufacturer's statement of compliance;
The applicable maintenance and inspection procedures;
The pilot flight training manual;
The pilot operating handbook; and
Statements concerning any prior or future alterations.
You'd also have to get the aircraft registered and inspected by the
FAA.
If you buy an imported light-sport aircraft, you would have to
provide the same information as required for a U.S.-manufactured
aircraft, and you would also have to provide the additional information
under 14 CFR 21.186(d).

I'd Like To Buy a Light-Sport Aircraft Kit. How Would This Proposal
Affect Me?

If you buy a light-sport aircraft kit after the effective date of
the final rule, you would have to assemble the kit according to the
manufacturer's instructions and could apply for an experimental
airworthiness certificate for the purpose of operating light-sport
aircraft. To get the certificate you would provide evidence that the
kit is an eligible kit. You would also have to present the following
information to the FAA:

[[Page 5371]]

The kit manufacturer's statement of compliance;
The applicable maintenance and inspection procedures;
The pilot flight training manual; and
The pilot operating handbook.
In addition, you'd have to get the aircraft registered and
inspected by the FAA.

I Would Like To Fly a Light-Sport Aircraft and I Don't Hold a Pilot
Certificate. How Would This Proposal Affect Me?

For most types of light-sport aircraft, including powered
parachutes and weight-shift-control aircraft, you would have to obtain
at least a sport pilot certificate. First, you would have to get a
student pilot certificate for operating light-sport aircraft (called a
``student certificate'' in this preamble).
To get a student certificate, you would have to--
Meet certain eligibility requirements related to language
and age (at least 16 years old, or 14 years old to operate a glider or
balloon);
Have a U.S. driver's license or an airman medical
certificate;
Receive and log ground and flight training in specific
aeronautical areas; and
Meet specific requirements for solo and solo cross-
country.
As a student certificate holder, you'd be subject to most of the
existing limits on student certificate holders. You also couldn't fly
when visibility is less than 3 miles, at night, above certain altitudes
and speeds, in certain airspace, contrary to any operating limitation
for the aircraft or the pilot, and outside the United States.
To get a sport pilot certificate, you would have to--
Obtain a student certificate for operating light-sport
aircraft;
Meet certain eligibility requirements related to language
and age (at least 17 years old, or 16 years old to operate a glider or
balloon);
Have a U.S. driver's license or an airman medical
certificate;
Receive and log ground and flight training in specific
aeronautical areas;
Meet aeronautical experience requirements; and
Pass a knowledge test and a practical test.
The FAA would issue you a sport pilot certificate and your logbook
would be endorsed authorizing you privileges in that specific category,
class, and make and model of aircraft.
As a sport pilot certificate holder, you couldn't fly--
When visibility is less than 3 miles;
At night;
Above certain altitudes and speeds;
In certain airspace;
For other than sport and recreational purposes;
Contrary to any operating limitation for the aircraft or
the pilot;
While towing an object;
While carrying a passenger for compensation or hire; or
Outside the United States without authorization.
You also couldn't demonstrate an aircraft in flight if you're an
aircraft salesperson. You could share operating expenses with another
pilot.

Once I Hold a Sport Pilot Certificate, What Must I Do To Fly a
Different Category, Class, or Make and Model of Light-Sport Aircraft?

To fly an additional make and model of light-sport aircraft, you'd
have to receive and log aircraft-specific ground and flight training
for the additional make and model from an authorized instructor.
To fly another category or class of light-sport aircraft, you'd
have to receive and log ground and flight training in certain
operational areas from an authorized instructor, and successfully
complete a proficiency check from a different authorized instructor.
The authorized instructor who certifies your proficiency for the
additional make and model or category and class privileges would
endorse your logbook establishing those specific privileges.

I Would Like To Become a Light-Sport Aircraft Instructor. How Would
This Proposal Affect Me?

If you don't hold a flight instructor certificate issued under 14
CFR part 61, you would have to obtain a flight instructor certificate
with a sport pilot rating. To get it, you would have to--
Meet certain eligibility requirements related to language
and age (at least 18 years old);
Have a sport pilot certificate or a private pilot
certificate;
Receive and log ground training in the fundamentals of
instruction;
Receive and log ground and flight training in specific
aeronautical areas;
Meet aeronautical experience requirements; and
Pass a knowledge test and a practical test.
The FAA would issue you a flight instructor certificate with a
sport pilot rating and your logbook would be endorsed authorizing you
privileges to provide training in that specific category, class, and
make and model of aircraft.
If you already hold a current and valid flight instructor
certificate issued under 14 CFR part 61, you could provide flight
training toward a sport pilot certificate without further showing of
proficiency. You would be subject to certain limitations.

Once I Hold a Flight Instructor Certificate With a Sport Pilot Rating,
What Must I Do To Provide Training In a Different Category, Class, Or
Make And Model Of Light-Sport Aircraft?

To provide training in an additional make and model of light-sport
aircraft, you'd have to receive and log aircraft-specific ground and
flight training for the additional make and model from an authorized
instructor.
To provide flight training in another category or class of light-
sport aircraft, you'd have to receive and log ground and flight
training in certain operational areas from an authorized instructor,
and successfully complete a proficiency check from a different
authorized instructor.
The authorized instructor who certifies your proficiency
authorizing you to provide training for the additional make and model
or category and class privileges would endorse your logbook
establishing those specific privileges.

I'm an Ultralight Pilot and an Ultralight Flight Instructor With an
FAA-Recognized Organization. How Will This Rule Affect Me?

The training programs of FAA-recognized ultralight organizations
already cover many of the proposed requirements. This proposal would
establish how you would credit your experience toward the aeronautical
experience requirements for a sport pilot certificate and a flight
instructor certificate with a sport pilot rating.

I Already Have An FAA Pilot Certificate and Want To Fly Light-Sport
Aircraft. How Would The Proposal Affect Me?

If you already have at least a private pilot certificate, you would
have to--
Receive and log specific training for any make and model
of light-sport aircraft for which you hold a category and class rating
and that you haven't piloted; and
Get a logbook endorsement from the authorized instructor
who trained you certifying your proficiency.
If you want to add category and class privileges for which you do
not have an aircraft category or class rating on your private pilot
certificate, you would have to meet the requirements for the addition
of those privileges established in this proposal.

[[Page 5372]]

Who Can Perform Maintenance, Which Includes Inspections, On a Ready-To-
Fly Aircraft With a Special, Light-Sport Airworthiness Certificate?

The following persons could perform maintenance and preventive
maintenance on an aircraft with a special light-sport airworthiness
certificate: (1) An appropriately rated mechanic, (2) an appropriately
rated repair station, and (3) a repairman (light-sport aircraft) with a
maintenance rating. Certificated pilots could also perform preventive
maintenance.

Who Can Perform Inspections On an Aircraft With an Experimental, Light-
Sport Airworthiness Certificate?

The following persons could perform inspections on an aircraft with
an experimental, light-sport airworthiness certificate: (1) An
appropriately rated mechanic, (2) an appropriately rated repair
station, and (3) a repairman (light-sport aircraft) with a maintenance
rating. Additionally, if you want to perform inspections on your own
experimental aircraft, you would have to obtain a repairman certificate
(light-sport aircraft) with an inspection rating.

How Do I Get a Repairman Certificate (Light-Sport Aircraft) With a
Maintenance or Inspection Rating?

To get a repairman certificate (light-sport aircraft), you would
have to--
Meet certain eligibility requirements relating to age,
language, and citizenship or residency;
Demonstrate the requisite skill to determine whether a
light-sport aircraft is in a condition for safe operation; and
Meet the requirements for one of the following ratings:
For an inspection rating, you would have to--
Complete a 16-hour training course on the inspection
requirements of the particular make and model of light-sport aircraft.
For a maintenance rating, you would have to--
Complete an 80-hour training course on the maintenance
requirements of the particular category of light-sport aircraft.

I Manufacture Light-Sport Aircraft. How Does This Proposal Affect Me?

If you manufacture aircraft intended for certification as a
special, light-sport aircraft, you would have to--
Manufacture those aircraft in accordance with
airworthiness standards developed by a consensus of industry and FAA
(consensus standards);
Attest on a Statement of Compliance for each aircraft that
it conforms to the consensus standards;
Test each aircraft in accordance with a production
acceptance test specifications described in the consensus standard;
Develop and identify the system you would use for
monitoring and correcting safety-of-flight issues in accordance with
the consensus standards;
Develop and make available a Pilot Operating Handbook for
safe operation applicable to the aircraft;
Develop and make available a manufacturer's pilot flight
training manual for the aircraft; and
State that you will provide FAA unrestricted access to
your facilities.

I Manufacture Light-Sport Aircraft Kits. How Does This Proposal Affect
Me?

If you manufacture aircraft kits, intended to be assembled by the
purchaser into aircraft eligible for certification as an experimental
aircraft for the purpose of operating light-sport aircraft, you would
have to--
Manufacture at least one ready-to-fly aircraft. For the
purposes of this certificate, an aircraft make and model is eligible
for a kit if the aircraft make and model has been issued a special,
light-sport airworthiness certificate;
Manufacture the aircraft kit in accordance with standards
developed by a consensus of industry and the FAA (consensus standard);
Attest on a statement of compliance that the kit conforms
to the consensus standard.
Provide complete assembly instructions; and
Develop and make available the applicable supporting
documentation.

Does This Proposal Impose Any Requirements on the Light-Sport Aircraft
Industry?

Yes, industry would have to work with the FAA to develop consensus
standards governing the following:
Design and performance criteria;
Quality assurance system requirements;
Completed aircraft production acceptance or ``pass-
through'' test specifications; and
A system for continued operational safety monitoring.
Although aircraft issued special airworthiness certificates in the
light-sport category would not need a type certificate or have to be
produced under a production certificate, the FAA proposes that these
aircraft meet consensus standards. By consensus standards, we mean
standards developed by the industry through a consensus process with
FAA participation. Industry would present those standards to the FAA
for review and publication in the Federal Register for public comment.
After the FAA accepts the consensus standards, we would publish them in
the Federal Register.
There would be separate standards for each aircraft class to which
FAA could issue a certificate in the light-sport aircraft category. We
have determined it is appropriate to use consensus standards,
consistent with Office of Management and Budget (OMB) Circular A-119,
``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities,'' February
10, 1998.

I. Background

A. Current Rules

Several FAA regulatory initiatives have addressed sport and
recreational general aviation needs:
We issued regulations regarding ultralight vehicles under
14 CFR part 103 (47 FR 38776; September 2, 1982),
We created the recreational pilot certificate under 14 CFR
part 61 (54 FR 13028; March 29, 1989), and
We established a new category of aircraft, primary
category, under 14 CFR part 21 (57 FR 41367; September 9, 1992).
We discuss these regulatory initiatives below.
Ultralight Vehicle Regulations
The FAA adopted part 103 in 1982 (47 FR 38776; September 2, 1982)
in response to existing and rapidly growing hang glider activity. This
activity made our earlier guidance inadequate.
Part 103 defines an ultralight as either an unpowered or powered
vehicle with certain weight, speed, and other limitations. An
ultralight can carry only one occupant and be used for sport and
recreational purposes. It does not have a U.S. or foreign airworthiness
certificate. Ultralight vehicle operators must comply with certain
operating restrictions. Generally, you can operate these vehicles only
between sunrise and sunset; you must yield the right-of-way to all
aircraft; you may not operate over congested areas or over any open air
assembly of people, and you may not operate for compensation or hire.
See part 103 for more information on limits on ultralight vehicles.
Ultralight vehicles are not subject to the aircraft certification
requirements of 14 CFR part 21, the maintenance

[[Page 5373]]

requirements of 14 CFR part 43, the identification and marking
requirements of 14 CFR part 45, or the registration requirements of 14
CFR part 47. In addition, to operate one of these vehicles, you do not
need to comply with the airman certification requirements in 14 CFR
part 61, medical certification requirements in 14 CFR part 67, or the
operating rules in 14 CFR part 91.
Recreational Pilot Certificate Regulations
The FAA established the recreational pilot certificate under part
61 in 1989 (54 FR 13028; March 29, 1989). We intended this certificate
to be a lower cost alternative to the private pilot certificate. We
believed this new certificate would be attractive for persons
interested in flying basic, experimental, or homebuilt aircraft.
As a recreational pilot, you may operate a single-engine airplane
or rotorcraft certificated for no more than four occupants with a
powerplant of no more than 180 horsepower (hp). You are not only
subject to the limits of a private pilot, but also have additional
limits. These additional limits include not being permitted to carry
more than one passenger; tow an object; fly between sunset and sunrise;
fly above 10,000 feet MSL or 2,000 feet AGL, whichever is higher; fly
without visual reference to the surface; or operate in airspace in
which you need to communicate with air traffic control (ATC). See part
61 for information on other limits placed on recreational pilots.
However, in this current rulemaking we are proposing to allow a
recreational pilot to operate in airspace in which communication with
ATC is required, as long as the pilot receives training on that
operation and a logbook endorsement authorizing it. This would parallel
a similar privilege we are proposing for sport pilots.
Primary Category Aircraft Regulations
In 1992, the FAA established a new category of aircraft, primary
category aircraft, under Secs. 21.24 and 21.184 (57 FR 41367, September
9, 1992), because of concerns that the decline in general aviation in
the United States was in part due to higher certification costs for
aircraft. The new category had simplified procedures for type,
production, and airworthiness certification.
Primary category aircraft must be unpowered or have only a single,
naturally aspirated engine. They are also subject to speed, weight, and
load limits. They may not be used to carry persons or property for
hire, although under certain conditions they may be rented or used for
flight instruction. See part 21 at the sections listed above for more
information about the limits placed on this category of aircraft.
The Status of Current Rules
Despite the efforts discussed above to address sport and recreation
general aviation needs, those rules, for various reasons, have not
achieved the regulatory goals we set out to achieve. Since we issued
the regulations, the state of the art in ultralight vehicles has
advanced considerably and our rules are out-of-date. New advancements
in technology have improved safety, including light-engine technology
and reliability, more effective application of low-speed aerodynamic
principles, and new materials. Although part 103 covers ultralight
activities, an increasing number of ultralight vehicles are operating
outside the current regulations. This is because the vehicles either
exceed the part 103 ultralight weight limit (254 pounds) or they have
two seats. For many operators, installing any new equipment or using
new materials (some of which increase the level of safety) causes the
vehicle to exceed the weight requirements of part 103.
Seeing the need for training to reduce accidents, manufacturers
have built two-place training vehicles and organizations have
established programs to qualify ultralight flight instructors. However,
these vehicles do not meet the current definition of ultralight
vehicle, and are not manufactured, certificated, or maintained to a
standard. So, while the FAA currently does not require certification
for ultralight vehicle operators, flight instructors, or vehicles, we
issued exemptions to allow these larger ultralights to be used for
training, but not for other sport or recreational flight. You can find
a detailed discussion of exemptions for two-place ultralight training
vehicles in the following documents: Aero Sports Connection (ASC)
Exemption No. 6080, docket No. 27953; Experimental Aircraft Association
(EAA) Exemption No. 3784, docket No. 23477; United States Hang Glider
Association (USHGA) Exemption No. 4721, docket No. 23492; and United
States Ultralight Association (USUA) Exemption No. 4274, docket No.
24427.
Neither the recreational pilot certificate nor the primary category
airworthiness certificate regulations have accommodated the sport and
recreational flying community. Only about half of the recreational
pilot certificates we have issued are active. Specifically, as of
January 10, 2001, the FAA has issued 638 recreational pilot
certificates, but only 336 of those were active. Most initial pilot
applicants have chosen to pursue a private pilot certificate, rather
than a recreational pilot certificate, because the former provides more
benefits for little extra cost. Since the primary category aircraft
certification option covers only single-engine airplanes and
rotorcraft, it excludes increasingly popular aircraft such as powered
parachutes and weight-shift-control aircraft. And, although we intended
the certification process for these aircraft to be abbreviated and
economical compared to standard category certification, we have not
achieved that goal. As of March 14, 2001, we have certificated only two
aircraft in the primary category.
Finally, we have received numerous requests for exemptions from
part 103, a petition for rulemaking from the United States Ultralight
Association (docket No. 25591), and two petitions for exemption
relating to powered parachutes, one from North American Powered
Parachute Federation (NAPPF) and one from Aero Sports Connection (ASC)
(docket No. 29674). The last petition also dealt with weight-shift-
control aircraft.
The FAA currently does not have aircraft category ratings or
training and certification requirements for powered parachutes and
weight-shift-control aircraft in part 61. Before you fly one of these
aircraft, you don't have to receive any training specific to them, but
you must get a pilot certificate with a rating in another aircraft
category and class. This requires pilots to get training in aircraft
that do not have the same operating characteristics as the aircraft
they will be flying. Although current regulations do not require any
additional training in the powered parachute or weight-shift-control
aircraft, many pilots exercise reasonable judgement and get that
additional training. This significantly increases the cost of getting a
pilot certificate to operate powered parachutes and weight-shift-
control aircraft without any added benefit to the pilot or to public
safety.

B. The FAA's Reason for This Proposal

The FAA is proposing this rule to increase safety in the light-
sport aircraft community by closing the gaps in existing regulations
and accommodating new advances in technology. Although we issued
exemptions to temporarily resolve the training issues, to extend them
on a long-term basis would be an inappropriate use of the exemption
process. The FAA believes that a permanent and appropriate level of
regulation is necessary.

[[Page 5374]]

The FAA analyzed the existing accident data of ultralights that do
not meet part 103 to determine deficiencies in safety. Accident data
from the NTSB and part 103 exemption holders show that 36 accidents
occurred between 1995-2001 involving aircraft that would meet the
proposed definition of light-sport aircraft. Those accidents resulted
in 51 fatalities. (The organizations that hold part 103 training
exemptions are required to report to the FAA accidents involving two-
place training vehicles.) The data indicate that some of these
accidents also involve vehicles that are not covered under part 103 and
were not used for training under an exemption. Because light-sport
flying is becoming more and more popular, there is concern that more
accidents could occur without regulatory intervention.
We believe that many of these accidents could have been avoided
with this proposed rule. There are many safety benefits of
certificating sport pilots, light-sport aircraft, and repairmen who
would maintain these aircraft. The FAA has identified a number of
factors related to training and certification that contribute to the
prevention of accidents. For example, certificated sport pilots would--
(1) Meet minimum requirements to be eligible to operate aircraft,
(2) Be trained and tested to a standard,
(3) Routinely receive notices of FAA safety programs and are
eligible to participate in that supplemental training (current
operators of ultralight vehicles do not received these notices),
(4) Be required to be aware of safety- and security-related
information contained in Notices to Airmen (NOTAMs), which could impact
a flight and potentially reduce accidents (current operators of
ultralight vehicles are not required to receive these NOTAMs),
(5) Be required to receive weather briefings and therefore are
better prepared to avoid bad weather (current operators of ultralight
vehicles are not required to receive weather briefings),
(6) Have access to DUAT (direct user access terminal) automated
weather service, and
(7) Be required to complete recurrent training, which would
maintain pilot skills.
Under this proposal, certificated sport pilots could credit
ultralight flight time toward higher-level certificates, which would
increase the experience level and qualification of sport pilots. In
addition, sport pilots would receive make and model training, which is
not required for any other pilot certificate.
Certificated light-sport aircraft would--
(1) Be designed, manufactured, tested, and supported according to
the latest standard,
(2) Be manufactured under a quality assurance system that meets a
standard,
(3) Receive safety-of-flight bulletins, similar to airworthiness
directives and service bulletins (there are no safety-of-flight
bulletins currently being issued to operators of ultralight vehicles),
(4) Be required to have make- and model-specific training and
maintenance instructions,
(5) Have a make- and model-specific pilot operating handbook for
safe operation of the aircraft,
(6) Have a make- and model-specific maintenance and inspection
procedures manual, and
(7) Be eligible to use airports, which provide more access to
maintenance facilities and emergency services. Vehicles without
airworthiness certificates typically are not allowed to use airports.
Certificated repairmen (light-sport aircraft) would--
(1) Meet minimum training and testing requirements, which would
ensure that repairmen have the necessary skills to inspect (or
maintain) light-sport aircraft and certify that they are safe to fly
(currently no certificated repairman or mechanic receives any safety
and training information targeted to light-sport aircraft),
(2) Meet minimum requirements ensuring that the persons working on
the aircraft are mature individuals who can read and understand
maintenance manuals and instructions. These proposed requirements are
similar to requirements for part 145 repair stations and repairmen for
amateur-built aircraft,
(3) Receive FAA's aircraft-specific safety and training information
targeted to repairmen needs,
(4) Be trained on how to report faults or failures to the FAA and
light-sport aircraft manufacturers. This would greatly improve how
light-sport aircraft manufacturers correct faults and make a safer
product.
Also, certificating sport pilots, light-sport aircraft, and
repairmen would allow the FAA to identify and take certificate action
against them. The threat of certificate action could improve compliance
with the regulations, and therefore, improve safety.
Certificated sport pilots and operators of light-sport aircraft
would have better access to insurance. They would be more widely
recognized by existing industry and trade organizations because the
pilots and aircraft would meet the same operating rules as all other
pilots and aircraft. These organizations would likely publish more
safety-related material addressing sport flying.
Finally, the NTSB would investigate any accidents or incidents
involving certificated sport pilots or light-sport aircraft, which
could help identify ways to improve safety and reduce future accidents.
(The NTSB generally does not investigate accidents involving ultralight
vehicles.) The FAA bases many of its policy and rule changes on NTSB
recommendations following accidents and incidents. Industry also uses
NTSB data to develop safety initiatives and new training materials.
The ultralight aircraft industry has urged us to initiate
rulemaking to address light-sport aircraft and has received strong
support among its members. According to most of these supporters,
regulating this industry would significantly increase the popularity of
sport flying and would consequently have a positive impact on their
businesses. Thriving businesses typically have more resources to
improve their products, and, in this case, could produce safer
aircraft. We agree with these statements and also believe that
regulating this industry would offer other safety enhancements.
Although there would be some costs involved with this proposal, we
believe it to be the least costly of the viable alternatives. (Refer to
section IX ``Regulatory Evaluation Summary'' for more details on the
costs and benefits of the proposal.) Industry leaders have indicated
that regulations ultimately would lower the cost to participate in
light-sport aircraft activities, while ensuring appropriate public
safety. In a letter sent to the Director of the Office of Management
and Budget on August 10, 2001, EAA stated that they see this proposal
as an opportunity to decrease the cost of aircraft ownership and
operation. The General Aviation Coalition indicated its support of
sport pilot and light-sport aircraft regulations to the Administrator
at its July 18, 2001, meeting with the FAA Administrator. According to
one manufacturer of sport aircraft kits, rules covering these aircraft
would benefit public safety in several ways, including: (1) Providing
appropriate rules for students to learn to fly light-sport aircraft,
(2) improving flight instructor training on light-sport aircraft, and
(3) providing rules for the continued airworthiness of the aircraft.
Another manufacturer states that new regulations would improve pilot
skills to fly these aircraft, encourage new flying skills, and would
ensure that the aircraft are safe and high quality.

[[Page 5375]]

Finally, one manufacturer of kit planes believes that regulating the
light-sport aircraft certification process would increase safety by
eliminating aircraft that do not meet a certain standard.
Several letters were received while the Department of
Transportation and the Office of Management and Budget were reviewing
this proposal. Buckeye Industries, Inc., Flightstar Sportplanes, and
EAA all expressed their support of this proposal and requested
expedited review of this proposal. You may find copies of all of the
above letters in the docket.
The FAA is especially interested in receiving specific comments
regarding the various costs of the proposal and the extent to which the
affected public is willing to bear these costs as an acceptable part of
business or recreation. These costs can be broken down into the
following three components: aircraft certification; annual condition
inspection and repairman certification; and sport pilot certificate and
flight instructor certification (with a sport pilot rating). Each of
these costs is discussed further in section IX ``Regulatory Evaluation
Summary''. The FAA seeks information and data regarding each of these
cost areas and if these costs are considered reasonable.
In summary, the FAA believes that these proposed regulations would
improve safety and would:
Provide an economical means for manufacturers to obtain
FAA certification for light-sport aircraft;
Provide an economical means for pilots to obtain a
certificate to fly those aircraft;
Provide a reasonable and appropriate means to overcome the
limits of the ultralight regulations, the recreational pilot
certificate, and the primary category airworthiness certificate;
Eliminate the need for exemptions from part 103 to conduct
flight training in aircraft that do not meet the requirements of that
part;
Provide the public safe access to general aviation without
creating a significant financial barrier; and
Create more eligible pilots to meet the needs of future
airline and military demand.

V. The Aviation Rulemaking Advisory Committee (ARAC)

ARAC's Role in This Rulemaking

The FAA established the Aviation Rulemaking Advisory Committee
(ARAC) in 1991 to help us by providing input from outside the Federal
government on major regulatory issues affecting aviation safety. The
ARAC includes representatives of air carriers, manufacturers, general
aviation, labor groups, universities, associations, airline passenger
groups, and the general public. In 1993, we formed an ARAC working
group to review part 103 and recommend whether we needed new or revised
standards for sport aircraft (58 FR 47172, September 7, 1993). In 1995,
we revised our charge to ARAC (60 FR 33247, June 27, 1995).
The ARAC considered a variety of alternatives to deal with light-
sport aircraft issues. In their final recommendation, they focused on
three areas. You can read ARAC's entire report in the docket for this
proposed rule.

ARAC's Recommended Sport Pilot Certificate

The ARAC recommended FAA include detailed privileges and limits in
part 61, tailored to diverse aircraft types, and appropriate to the low
weight and speed of those aircraft. They wanted to enhance safety by
providing a pilot certificate for those who wish to exercise pilot
privileges that exceed the current limits of part 103. They wanted to
achieve this goal without making the certificate requirements so
stringent they were economically impractical.
In addition, ARAC recommended FAA allow the training and flight
time used to obtain a sport pilot certificate to be applicable to
higher-level airmen certificates. They believed this would encourage
individuals to obtain a higher-level airman certificate.

ARAC's Airman Medical Certification Recommendations

The ARAC recommended a self-evaluation medical requirement that
would allow sport pilot applicants to certify at the time of
application that they have no known medical defect. They considered but
did not recommend requiring that an applicant hold a current and valid
U.S. driver's license; requiring a letter from an aviation medical
examiner (AME) or a personal physician addressing that physician's
knowledge of the applicant's health; and allowing a Flight Standards
Review Board (FSRB) to define medical requirements unique to each
specific type of aircraft. They rejected these options because, in
their opinion, a driver's license requirement would involve unnecessary
paperwork and recordkeeping, a letter from an AME or other physician
would create yet another class of airman medical certificate, and
involving a medical examiner through the FSRB would be unnecessary
because the activities allowed under the proposed sport pilot
certificate would be of a limited nature and the medical requirements
for each rating would always be the same.

ARAC's Recommended Flight Standards Review Board (FSRB)

Under this recommendation, a person interested in a sport pilot
class or ``type'' rating not previously established by FAA could
request that we establish an appropriate class or ``type'' rating using
an FSRB. The requester would suggest to FAA requirements and limits for
the specific category, class, and ``type'' rating. Typically, an
aircraft manufacturer or a national organization whose members are
interested in the sport pilot class would make these requests. If you
wanted to be certificated for these aircraft, you would apply under the
appropriate generic requirements of the proposed sport pilot
certificate and the specific requirements for your aircraft as
established by the FSRB.

FAA's Response to the ARAC Recommendations

The ARAC working group submitted its recommendations to FAA for
review in July, 1998. Much of FAA's proposal is based on ARAC's sport
pilot certification recommendation, but it also addresses many issues
not considered by the ARAC. We decided we needed to cover aircraft and
airman certification as well as operational and maintenance issues.
Therefore, we have expanded on ARAC's recommendation and are proposing
a complete regulatory solution that would address these issues. Our
proposal expands pilot certification and training requirements;
addresses the airworthiness certification of light-sport aircraft, to
include powered parachutes and weight-shift-control aircraft;
establishes a new repairman certificate to ensure continuing
airworthiness requirements are met; and revises operational
requirements to address these aircraft.
There are several specific points on which FAA does not agree with
ARAC. We do not agree we should allow sport pilots to tow objects. We
believe pilots who tow objects should have a higher level of experience
and training than the sport pilot certificate will allow. Existing
regulations allow private pilots to do this. We did not agree with
permitting an aircraft salesperson to demonstrate an eligible aircraft
in flight to a potential buyer. We believe sales demonstration flights
are not consistent with the nature of sport and recreational flying.
While the FAA agrees a sport pilot certificate would not warrant a
separate

[[Page 5376]]

class of airman medical certification, we do not agree that a U.S.
driver's license requirement is unreasonable or a paperwork burden. The
FAA would amend Form 8710-1, ``Application for an Airman Certificate
and/or Rating,'' to add an item for applicants to verify at the time of
application that they hold a current and valid U.S. driver's license or
a current and valid airman medical certificate. The FAA's proposal does
not include ARAC's recommendation for an FSRB because of the potential
administrative burden a board could create. We discuss specific ARAC
recommendations more fully in the section-by-section analysis of this
notice.

VI. Section-by-Section Analysis of the Proposal

A. What Are the Proposed Changes to 14 CFR Part 1?

Proposed section 1.1 would be revised to add the terms ``light-
sport aircraft,'' ``consensus standard,'' ``powered parachute,'' and
``weight-shift-control aircraft'' to the list of definitions.
Definition of ``Light-Sport Aircraft''
This proposal would establish a new category of aircraft--light-
sport aircraft that would include airplanes, gliders, gyroplanes,
powered parachutes, lighter-than-air, and weight-shift-control
aircraft. These aircraft fall between ``small aircraft'' as defined in
current Sec. 1.1 and ``ultralight vehicles'' as defined in current
Sec. 103.1. Helicopters and powered-lift aircraft would be excluded
from the definition of light-sport aircraft due to their complex
operation, maintenance, design, and manufacture.
A light-sport aircraft would have a maximum takeoff weight of 1,232
lbs (560 kilograms), or a maximum gross weight of 660 lbs (300
kilograms) for lighter-than-air aircraft. These weight limits should
accommodate a significant number of aircraft that are simple, low
performance, and have no more than two occupants. These aircraft may be
manufactured in the United States or another country.
A light-sport aircraft would have a maximum speed in level flight
with maximum continuous power (V_H) of 115 knots. This limits
the commanded kinetic energy of an aircraft flown by a pilot holding a
sport pilot certificate. The FAA chose to use V_H as the
limiting speed for powered, light-sport aircraft as it is simple to
verify during testing. The FAA believes that aircraft with a
V_H greater that 115 knots would be inappropriate for
operation by persons with the minimum training and experience of a
sport pilot, which prepares them for flying simple, low performance
aircraft for sport and recreation. This value is consistent with light-
sport aircraft airworthiness design standards adopted by other
airworthiness authorities.
An unpowered light-sport aircraft (e.g. glider) would have a
maximum never-exceed speed (V_NE) of 115 knots, as
V_H is not applicable. This speed limitation also limits the
commanded kinetic energy of an aircraft flown by a pilot holding a
sport pilot certificate. For a V_NE equal to 80% of the
aircraft's structural design limit speed, a 115-knot V_NE
limit for aircraft would mean that structural design limits would
preclude gliders with a speed capability in excess of 144 knots from
being approved as light-sport aircraft (144 x .80=115).
A light-sport aircraft would have a maximum stall speed in the
landing configuration (V_S0) of 39 knots. This value for a
maximum stall speed is a characteristic of low-performance aircraft and
would assist in ensuring that light-sport aircraft possess handling
characteristics commensurate with the training and experience of sport
pilots. It is also consistent with foreign airworthiness standards for
similar performance aircraft.
A light-sport aircraft would have a maximum stall speed in the
landing configuration without the use of lift-enhancement devices
(V_S1) of 44 knots. The FAA selected this value to allow for
the use of simple lift-enhancing systems that can result in a 5-knot
stall speed decrease. With this limit, if more effective lift-
enhancement systems are used on the aircraft, the resulting
V_S0 would be lowered further. The FAA recognizes that this
limitation, combined with the V_S0 limit, also would limit
the maximum speed of the aircraft.
A light-sport aircraft would carry no more than two occupants,
including the pilot. This limitation is consistent with the size of the
aircraft and the limitations of a sport pilot certificate.
A light-sport aircraft would be limited to a single, non-turbine
engine, if powered. The FAA believes that the requirement for no more
than one engine keeps the aircraft simple and limits speed. The
requirement for a non-turbine engine is intended to limit the engine to
a simple-to-operate design, such as a conventional reciprocating engine
(including a rotary or diesel engine) and would also permit simple
alternatives, such as electric engines.
A light sport aircraft, if powered, would be limited to a fixed or
ground-adjustable propeller. The FAA determined that a propeller that
could not be adjusted in pitch in flight was necessary to limit the
operational complexity of the aircraft and would be consistent with the
skills necessary to hold a sport pilot certificate.
The cabin of a light-sport aircraft would be unpressurized. Cabin
pressurization systems and the associated pressure vessel are complex
to design and manufacture and the systems can be difficult to operate.
The FAA determined that the requirement for an unpressurized cabin is
consistent with the skills necessary to hold a sport pilot certificate
and with the philosophy of light-sport aircraft design and manufacture.
A light-sport aircraft would have fixed landing gear, except that
for seaplanes, repositionable landing gear that would allow the wheels
to be rotated for amphibious operations would be acceptable.
Retractable gear systems are complex to design, manufacture, and
maintain, and may be complex to operate in flight. The FAA determined
that the requirement for fixed landing gear is consistent with the
philosophy of keeping light-sport aircraft design, manufacture, and
operation simple. Repositionable gear on a seaplane is of simple design
and operation. Accordingly, the FAA has determined that repositionable
gear would be consistent with the skills necessary to hold a sport
pilot certificate as it is analogous to a ground adjustable pitch
propeller.
Definition of ``Consensus Standard''
The FAA is proposing that the light-sport aircraft industry develop
and reach a consensus on an airworthiness standard that would govern
light-sport aircraft--(1) design and performance, (2) quality assurance
system requirements, (3) production acceptance test specifications, and
(4) continued operational safety monitoring system characteristics.
This standard would be used by the manufacturer of an aircraft intended
to be issued a special light-sport airworthiness certificate or of a
kit intended for certification as a light-sport aircraft. Consensus
standard means, for the purpose of certificating light-sport aircraft,
an industry-developed consensus airworthiness standard that addresses
these four topics, as described below.
(1) Design and performance. The consensus standard would govern
light-sport aircraft design and performance. A suitable standard would
identify minimum aircraft flight and ground performance standards, in
addition to design practices to prohibit, that would ensure a safe
aircraft for the operator. It would also establish flight proficiency
training requirements that would be

[[Page 5377]]

applicable to the particular class of light-sport aircraft. Design and
performance standards maintained or recognized by other civil aviation
authorities (CAA's) could be selected or otherwise form the basis for a
light-sport aircraft airworthiness standard. Examples of commonly used
design and performance standards for conventional fixed-wing airplanes
are BCAR section S (Britain), TP10141 (Canada), and JAR-VLA (JAA). The
light-sport aircraft industry also may choose to utilize other
nationally recognized airworthiness design standards for the consensus
standards.
(2) Quality assurance. The consensus standard would govern the
necessary quality assurance system requirements used in the manufacture
of light-sport aircraft. The standard would establish quality assurance
procedures so a manufacturer could attest that individual aircraft
produced all meet the same minimum safety standards and are built as
intended.
(3) Production acceptance. The consensus standard would govern the
necessary characteristics of the production acceptance test
specifications used in the manufacture of light-sport aircraft. A
suitable standard would identify the required final product acceptance
test procedures that ensure a completed product is safe and performs as
intended.
(4) Safety monitoring. The consensus standard would govern the
characteristics of the manufacturer's continued operational safety
monitoring system. The consensus standard would establish reference
system requirements for monitoring and correcting safety-of-flight
issues. A suitable standard would include a process by which aircraft
owners and operators would be notified of occurrences that are hazards
to safety of flight and the appropriate corrective action. A suitable
standard would ensure that the manufacturer reviews the operational
experience of the fleet and corrects any deficiencies. In addition, it
would identify processes that would ensure manufacturers learn about
problems experienced on aircraft in service. Safety monitoring also
would include processes by which manufacturers evaluate the reported
problems for their safety of flight. It would also define the processes
by which manufacturers develop repairs and communicate them to
operators for problems that are determined to be hazards to flight
safety.
A suitable consensus standard would also establish the procedures
by which the industry reviews and updates the consensus standards. It
would establish procedures to periodically review the standard every
two years, and to update the standard when if necessary. Industry may
chose to initiate a shorter review period.
Definitions of ``Powered Parachute'' and ``Weight-Shift-Control
Aircraft''
This proposal would establish two new kinds of light-sport
aircraft-powered parachutes and weight-shift-control aircraft. The
aircraft would be controlled by a pilot within a suspended fuselage.
The inclusion of a fuselage permits the designer of the aircraft to
standardize a design based on structural geometry and engineering
principles of flight rather than the individual characteristics of the
pilot. The definitions describe the characteristics of powered
parachutes and weight-shift-control aircraft as they exist today. While
the proposed definitions are not intended to hinder future developments
of these aircraft designs, they specifically intend to exclude
configurations in which the engine and/or wing is mounted on the person
operating the aircraft.
A powered parachute would be defined as powered aircraft that
derive their lift from a non-rigid wing that inflates into a lifting
surface when exposed to a wind. A powered parachute consists of a non-
rigid wing, a suspended fuselage, and an engine that is an integral
part of the aircraft.
Weight-shift-control aircraft would be defined as powered aircraft
with a framed pivoting wing and a fuselage. The aircraft is
controllable only in pitch and roll by the pilot's ability to change
the aircraft's center of gravity. For these two-axis-control aircraft,
the line of action of the thrust and the suspended mass of the fuselage
would ensure that a laterally applied control force would result in
motion about the roll axis. An aircraft with these characteristics, but
with three-axis control (i.e. also controllable about the yaw axis)
would not meet the definition of a weight-shift control aircraft.

B. What Are the Proposed Changes to 14 CFR Part 21?

Proposed section 21.175 would add light-sport aircraft to the list
of special airworthiness certificates in current Sec. 21.175(b).
Proposed section 21.181 would be revised to indicate that a light-
sport aircraft airworthiness certificate is effective as long as the
aircraft is maintained in accordance with its operating limitations and
the aircraft is registered in the United States. The FAA notes that the
proposal would not require the maintenance requirements of part 43 to
apply to these aircraft.
This section also would be revised to indicate that certificates
for experimental and primary category kit-built aircraft would be of
unlimited duration, unless the FAA finds good cause to establish a
specific period.
Proposed section 21.182 would be revised to require all aircraft
issued experimental certificates for the purpose of operating light-
sport aircraft to be identified under Sec. 45.11.
Proposed section 21.186 would establish the eligibility
requirements for the issuance of a special airworthiness certificate in
the light-sport category [``special light-sport aircraft'']
and the
purposes for which the FAA would issue such a certificate. It would set
forth the required contents of a manufacturer's Statement of Compliance
for a light-sport aircraft. It also would set forth requirements for
importing light-sport aircraft. Special light-sport aircraft are
designed and manufactured without an FAA type or production certificate
and are accordingly limited to operating for sport and recreation,
flight training, or rental.
Only complete, ``ready-to-fly'' aircraft would be eligible for
special light-sport airworthiness certificates. If there is a change to
the consensus standard, all newly manufactured aircraft would have to
comply with the changed standard. This would ensure that a new aircraft
always meets the latest standard. Changes to a consensus standard would
not apply retroactively to previously manufactured aircraft, unless
required by the changed standard. Industry may agree to apply a change
to the consensus standards retroactively. If a change addresses an
unsafe condition, it would need to be handled as a mandatory safety-of-
flight action.
Aircraft that would be eligible for this certificate would not need
a type or production certificate. However, the proposal would require
the aircraft manufacturer to attest that the aircraft design and
manufacture complies with a consensus standard. The manufacturer would
indicate this on a Statement of Compliance, which would be provided to
the original purchaser of the aircraft. The person who will be the
registered owner of the aircraft will identify and register these
aircraft in accordance with 14 CFR parts 45 and 47.
To maintain eligibility for the special light-sport aircraft
airworthiness certificate, the operator would be required to comply
with operating limitations under the proposed Sec. 91.327 as part of
the aircraft's airworthiness certificate. The operating limitations
would also address the maintenance and inspection requirements,
preventive

[[Page 5378]]

maintenance, as well as flight test programs, operations in various
airspace classes, and pilot qualification. This is because these
aircraft would not have a type certificate and, therefore, would not be
required to be maintained in accordance with 14 CFR part 43.
Maintenance and inspection procedures required by the operating
limitations would meet the scope and detail of Appendix A to 14 CFR
part 43. Similar to part 43, a certificated pilot could perform
preventive maintenance.
The operating limitations would also require the operator to
accomplish any safety-of-flight actions (maintenance or alterations)
that the manufacturer deems necessary for continued operational safety.
This is proposed because the aircraft would not be manufactured in
accordance with a type design and hence the FAA would not issue
Airworthiness Directives. If an operator chooses not to perform this
maintenance, the special airworthiness certificate in the light-sport
category would no longer be valid; however, the operator may still
apply for an experimental certificate for the aircraft. These
restrictions on the special light-sport aircraft would provide the
higher level of safety required for an aircraft to be used for flight
training or rental.
The special airworthiness certification option would be in addition
to existing methods of obtaining airworthiness certification. No
existing airworthiness certification option would be eliminated or
restricted for aircraft that meet the definition of light-sport
aircraft. An aircraft that meets the proposed definition of light-sport
aircraft is not required to have a special light-sport certificate and
may be eligible to hold other airworthiness certificates, provided that
it meets the applicable requirements of subpart H of part 21.
Aircraft that otherwise meet the light-sport aircraft criteria that
are shown via test to have a higher V_H would not be issued a
special airworthiness certificate under the terms of this rule. Such
higher performance aircraft currently could be type-certificated in
other categories such as normal, primary, or special class (e.g., JAR-
VLA); and could be operated by the holder of at least a recreational
pilot certificate.
An aircraft would no longer be eligible for the special light-sport
certificate if it is altered such that it no longer meets the
definition of light-sport aircraft. For example, an alteration to a
powered aircraft that results in a V_H greater than 115 kts
(e.g., installation of a cruise propeller on an aircraft initially
certificated with a climb propeller) would render the aircraft
ineligible.
The definition of light-sport aircraft includes gyroplanes;
however, gyroplanes would not be issued special airworthiness
certificates in the light-sport category under proposed Sec. 21.186.
The FAA would issue an experimental, operating light-sport aircraft
airworthiness certificate under Sec. 21.191(i)(1) to existing
gyroplanes that do not meet part 103 but meet the proposed definition
of light-sport aircraft. Because gyroplanes could not be certificated
under Sec. 21.186, they would not be eligible for airworthiness
certificates under Sec. 21.191(i)(2) and (3). The FAA recognizes that
this may limit the number and types of gyroplanes that a sport pilot
may fly; however, the FAA notes that a sport pilot may fly a gyroplane
that has a standard or special category airworthiness certificate
provided the aircraft meets the definition of light-sport aircraft.
The FAA may issue special, light-sport aircraft airworthiness
certificates to aircraft manufactured before the effective date of the
rule. These aircraft would be required to meet the consensus standard
in effect at the time of manufacture. To get the certificate you would
have to make application for registration not later than 24 months
after the effective date of the rule. You would also have to present
the required information (as above) to the FAA and make the statements
concerning any prior or future modifications. This would require the
manufacturer of your aircraft to be in a position to issue a
retroactive Statement of Compliance for your specific aircraft serial
number. If it is an imported aircraft, you would also have to provide
the additional import information on a retroactive basis.
Because of these requirements, not all aircraft models will be
eligible for a special airworthiness certificate. While the FAA does
not expect many manufacturers would retroactively issue Statements of
Compliance for aircraft manufactured before the effective date of the
rule, the FAA does not want to rule out this possibility.
Proposed Sec. 21.186(b) would define the requirements for getting a
special light-sport aircraft airworthiness certificate.
Proposed Sec. 21.186(b)(1) describes the items that the registered
owner would be required to present to be eligible for a special
airworthiness certificate in the light-sport category. The registered
owner would submit a copy of the manufacturer-issued Pilot Operating
Handbook for the aircraft and the manufacturer-issued maintenance and
inspection procedures. These items would be required to provide the
registered owner with access to the information on how to operate
aircraft safely and the technical data to inspect and properly maintain
the aircraft. The registered owner would also present a manufacturer's
Statement of Compliance to ensure that the aircraft presented is in a
condition for safe operation.
Proposed Sec. 21.186(b)(2) would exclude aircraft that have been
previously issued an airworthiness certificate in the standard or
primary category from being eligible for a special light-sport
certificate. The intent of this proposal is to enable aircraft that can
meet a consensus standard to obtain an airworthiness certificate
without demonstrating to the FAA that the aircraft complies with the
standards for the issuance of a standard or primary category
airworthiness certificate. The FAA believes that to allow aircraft with
existing certificates in the standard or primary category to attain a
special light-sport certificate would be an unnecessary burden on the
manufacturers, the operators, and the FAA. This is because the proposal
would require the manufacturers of light-sport aircraft to implement a
system specific to their aircraft models to monitor the continued
airworthiness. Additionally, the FAA believes there would be little
interest in ``downgrading'' from a standard or primary category
certificate to a special light-sport, as the airworthiness certificate
would have more restrictive operating limitations.
Proposed Sec. 21.186(b)(3) would require that the aircraft be
inspected by the FAA (or an FAA-designated representative) and be in a
condition for safe operation. The person conducting the inspection
would rely upon Manufacturer's Statement of Compliance to assist in
determining that the aircraft complies with consensus standards unless
FAA experience with the manufacturer dictates otherwise.
Proposed Sec. 21.186(b)(4) would address authorized modifications
to light-sport aircraft. The registered owner would provide a statement
indicating that either the aircraft has not been altered after the date
of manufacture, or that the aircraft was altered with the authorization
of the manufacturer. Absent a responsible manufacturer, other persons
acceptable to the FAA who have established a program to review the
alterations to the manufacturer's aircraft may also authorize an
alteration. That person would review the alteration for compliance with
the applicable standard. In order to authorize an alteration the person
must accept continued airworthiness responsibility for the altered
aircraft. This requirement

[[Page 5379]]

would assist in ensuring that the aircraft meets the applicable
consensus standard throughout its useful life.
Proposed Sec. 21.186(b)(5) would address authorized modification to
the aircraft. The registered owner would provide a statement indicating
that any future alterations to the aircraft will be performed with the
authorization of the manufacturer. Other persons acceptable to the FAA
who have established a program to review the alterations to the
manufacturer's aircraft may also authorize an alteration. That person
would review the alteration for compliance with the applicable
standard. In order to authorize an alteration the person must accept
continued airworthiness responsibility for the altered aircraft. This
requirement would assist in ensuring that the aircraft meets the
applicable consensus standard throughout its useful life.
Proposed Sec. 21.186(c) would require manufacturers of aircraft
intended for certification as a special, light-sport aircraft, or of
kits intended for certification as experimental aircraft for the
purpose of operating light-sport aircraft (under proposed
Sec. 21.191(i)(2)), to produce those aircraft or aircraft kits in
accordance with consensus standards. The FAA believes that light-sport
aircraft can be designed and manufactured with less FAA oversight than
that required for an aircraft with a type or production certificate.
Accordingly, light-sport aircraft would conform to an industry-
developed consensus airworthiness standard, which the FAA would define
as a ``consensus standard.''
The manufacturer would have to perform specific tasks and attest to
their satisfactory completion on a manufacturer's Statement of
Compliance. A Statement of Compliance would be required for each
specific aircraft to be issued a special, light-sport aircraft
airworthiness certificate; or for each kit issued an experimental
certificate for the purpose of operating light-sport aircraft.
Furthermore, proposed Sec. 21.186(c) would define the items that
must be contained in the manufacturer's Statement of Compliance. The
manufacturer's quality assurance system would identify a company
official who would be authorized to make the certifications on the
Statement of Compliance. The official who makes the certifications
would need to have control and direct supervisory participation in the
activities that the statement addresses.
Proposed Sec. 21.186(c)(1) would require the Statement of
Compliance to contain the aircraft make and model designation, aircraft
serial number, class of light-sport aircraft, and date of manufacture
for each aircraft or kit intended for certification under proposed
Sec. 21.186 or 21.191(i)(2). This provision is intended to specify the
minimum basic identification on the Statement of Compliance for each
aircraft (or kit, when applicable) produced. A manufacturer could
include in its Statement of Compliance additional information to help
describe or otherwise identify the aircraft.
Proposed Sec. 21.186(c)(2) would require the Statement of
Compliance to fully identify the consensus standard used to manufacture
the aircraft. The identification would include the effective date of
the consensus standard. This requirement would provide a permanent
record of compliance by aircraft and by serial number with a particular
consensus standard.
Although aircraft issued special airworthiness certificates in the
light-sport category would not have a type certificate or be produced
under a production certificate, the FAA proposes that these aircraft
would meet consensus standards, which would mean an industry-developed
consensus airworthiness standard. The light-sport aircraft industry,
with FAA participation, would develop an acceptable minimum
airworthiness standard for each aircraft class that could be issued a
special airworthiness certificate in the light-sport category. The
airworthiness standards would govern light-sport aircraft design and
performance, quality assurance system requirements, production
acceptance test specifications, and continued operational safety
monitoring system characteristics. These standards would provide a
level of safety that is higher than that provided by the standards
permitted for an experimental certificate issued for the purpose of
operating amateur-built aircraft under current Sec. 21.191(g).
For aircraft that would be eligible for the special, light-sport
aircraft airworthiness certificate, the FAA believes that the use of
consensus standards is appropriate. The FAA has made this determination
in accordance with Office of Management and Budget (OMB) Circular A-
119, ``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities,'' dated
February 10, 1998. Specifically, the FAA believes that this
determination is consistent with a primary goal of the government in
using voluntary consensus standards'reduced regulatory development
costs to the government and reduced regulatory compliance costs to the
industry.
Proposed Sec. 21.186(c)(3) would require the Statement of
Compliance to include a statement that the aircraft complies with the
current consensus standard identified in proposed Sec. 21.186(c)(2).
This would attest to the satisfactory completion of all analyses,
tests, and inspections necessary to demonstrate that the aircraft
complies with that standard.
Proposed Sec. 21.186(c)(4) would require the Statement of
Compliance to include a statement that the manufacturer has found that
the specific aircraft conforms to the manufacturer's design data. This
determination would be made using a quality system that conforms to the
consensus standard. This determination would apply to the aircraft (or
kit, when applicable) and its components, including purchased
components. Thus, this statement would attest to the existence of a
quality assurance system that complies with the consensus standard.
Proposed Sec. 21.186(c)(5) would require the Statement of
Compliance to include full identification of the following:
(1) The Pilot Operating Handbook describing the proper methods and
procedures for safely operating the aircraft.
(2) The manufacturer's inspection and maintenance program for the
continued airworthiness of the aircraft. This would require the
manufacturer to establish and make available the technical information
necessary to inspect and maintain the aircraft.
(3) The pilot flight training providing information on the model-
specific features and characteristics of the aircraft, because the
sport pilot certificate would require specific training by make and
model. (Without such a manual, a sport pilot would not be able to
receive a make and model logbook endorsement and thus could not operate
the aircraft.)
Under the proposal, this paragraph would also require the Statement
of Compliance to include a statement that the manufacturer would make
this information available to any interested party.
Proposed Sec. 21.186(c)(6) would require the Statement of
Compliance to fully identify the document describing the system the
manufacturer agrees to use for monitoring and correcting safety-of-
flight issues. The FAA believes this is an important requirement
because light-sport aircraft would not have a type certificate, and
therefore, the manufacturer may not have the service difficulty
reporting and correcting responsibilities required of a type

[[Page 5380]]

certificate holder. The intent of this requirement is to require a
system to monitor and correct safety-of-flight issues for these
aircraft. By making this statement, the manufacturer would also attest
that the manufacturer's continued operational safety monitoring system
complies with the consensus standard.
This proposal would establish a requirement for manufacturers to
have a system to monitor and correct safety-of-flight issues, because
aircraft holding a special, light-sport aircraft airworthiness
certificate would not have a type certificate. The manufacturer would
be responsible for monitoring and notifying operators to correct unsafe
conditions in aircraft that have been issued special airworthiness
certificates in the light-sport category for as long as these aircraft
are U.S.-registered. The manufacturer also would be responsible for
issuing corrective actions in accordance with its program to monitor
and correct safety-of-flight issues and would notify the owner of the
affected aircraft of the corrective action to resolve problems. The FAA
does not normally issue airworthiness directives (AD's) against
products without a type certificate. Therefore, to ensure the success
of this proposal, the FAA expects manufacturers to implement a vigorous
system to monitor and correct safety-of-flight issues. The FAA
specifically requests comments on the manner in which the continued
airworthiness of light-sport aircraft should be addressed.
To ensure continued airworthiness of the aircraft, the FAA proposes
that when an aircraft is certificated, the FAA would assign appropriate
operating limitations requiring certain inspections. The operating
limitations associated with the airworthiness certificate would specify
that the manufacturer's safety-of-flight actions must be complied with.
This proposal also addresses how the continued airworthiness would be
handled for these aircraft and who would perform the maintenance and
inspections to ensure continued airworthiness.
Under this proposal, the owner would ensure that the corrective
action is addressed in accordance with the operating limitations
proposed for the special, light-sport aircraft airworthiness
certificate. Failure to comply with mandatory safety-of-flight actions
from the manufacturer would mean that the aircraft is no longer in
compliance with the conditions of its airworthiness certificate.
However, an operator who chooses not to comply with the manufacturer's
program may seek an experimental certificate for the aircraft.
If public safety requires issuance of an AD, the FAA has the
ability to issue one; however, the FAA expects that such action would
be needed only as a consequence of a serious breakdown in the
manufacturer's fulfillment of its responsibilities for maintaining
continued airworthiness.
If a manufacturer ceases to exist (or ceases to provide continued
airworthiness support), the lack of a responsible party for the
continued airworthiness support of in-service aircraft would be a
potential safety hazard for the aircraft operator and the public. Thus,
the proposal would permit the manufacturer to transfer responsibility
for monitoring and correcting safety-of-flight issues to a suitable
third party capable of supporting the fleet. The consensus standard
would include procedures to ensure that a person acceptable to the FAA
can be identified to assume the continuing airworthiness
responsibilities of the manufacturers of light-sport aircraft. If an
airworthiness issue arises and there is no known responsible person,
the FAA could take certificate action against the individual aircraft.
Proposed Sec. 21.186(c)(7) would require the Statement of
Compliance to include a statement that the manufacturer would provide
the FAA unrestricted access to its facilities, upon request. Access to
facilities would include access to design, manufacturing, and quality
system data. Because the light-sport aircraft manufacturer would not be
required to hold an FAA design or production approval, this requirement
would be needed to facilitate the FAA's ability to make any inspections
and tests necessary to determine compliance with the provisions of this
section. The FAA may also need to preserve this access under its
bilateral obligations.
Proposed Sec. 21.186(c)(8) would require a manufacturer's statement
that completed (non-kit) aircraft were tested in accordance with a
production acceptance test procedure that meets the consensus standard.
Furthermore, the manufacturer would be required to make a determination
that a completed aircraft is in a condition for safe operation before
the FAA could issue an airworthiness certificate. This statement would
also attest that the manufacturer has determined that the aircraft's
performance is acceptable and that the aircraft is in a condition for
safe operation.
Proposed Sec. 21.186(d) would specify the additional requirements
that the registered owner must meet to obtain a special airworthiness
certificate in the light-sport category when importing a light-sport
aircraft. These requirements are in addition to those in proposed
Sec. 21.186(b).
Proposed Sec. 21.186(d)(1) would require the applicant for the
special airworthiness certificate to provide evidence that an imported
light-sport aircraft was manufactured in a country with which the
United States has an agreement for the import/export of that product.
This is because the FAA would rely on the CAA's of other countries to
assess the airworthiness of these aircraft. The agreement must address
aircraft with special airworthiness certificates and the appropriate
class of light-sport aircraft for these aircraft to be imported or
exported. Typically, these agreements are in the form of Bilateral
Airworthiness Agreements or Bilateral Aviation Safety Agreements with
Implementation Procedures for Airworthiness, but other types of
agreements would be suitable. The FAA would consider agreements that
address ``all aeronautical products'' as being applicable to all
classes of light-sport aircraft, including those new classes such as
powered parachutes and weight-shift-control aircraft.
Proposed Sec. 21.186(d)(2) would require the applicant for the
special airworthiness certificate to provide evidence that the make and
model of the aircraft to be imported is eligible for an airworthiness
certificate or flight authority in the country of manufacture. This
would constitute evidence that the civil aviation authority (CAA) of
the country of manufacture has established a proper level of oversight
for this type of product and would perform its export bilateral
obligations with regard to the continued airworthiness of the product.
Proposed Sec. 21.186(d)(3) would require the applicant for the
special airworthiness certificate to provide evidence that the CAA of
the country of export has found that the aircraft is in a condition for
safe operation. This requirement would be the same for used or new
aircraft. However, if a used aircraft is imported from a country that
is not the country of manufacture, additional inspection and
documentation may be required to demonstrate the airworthiness of the
aircraft.
Proposed section 21.191(i) would establish a new purpose for which
the FAA may issue an experimental airworthiness certificate for the
purpose of operating light-sport aircraft. Under the proposal, there
would be three methods for obtaining an experimental airworthiness
certificate for this purpose. Experimental certificates could be issued
for: (1) Existing aircraft that exceed the weight, occupant, or

[[Page 5381]]

performance limitations of the current part 103; (2) kit-built light-
sport aircraft; and (3) aircraft previously certificated under the
proposed Sec. 21.186.
The FAA created this new purpose for the experimental certificate
in lieu of combining this purpose with the current purpose of operating
amateur-built aircraft. The FAA did not want to have aircraft that
could not demonstrate compliance with Sec. 21.191(g) (the 51-percent
rule) to be certificated under that paragraph.
The experimental airworthiness certification option set forth in
this proposal would be in addition to existing methods of obtaining
airworthiness certification. No existing airworthiness certification
option would be eliminated or restricted for aircraft that meet the
definition of light-sport aircraft. Additionally, this proposal
wouldn't affect vehicles eligible to operate under part 103.
Aircraft that otherwise meet the light-sport aircraft definition
that are shown via test to have a higher V_H would not be
issued an airworthiness certificate under the terms of this rule. An
aircraft would no longer be eligible for the experimental light-sport
certificate if it is altered such that it no longer meets the
definition of light-sport aircraft. For example, an alteration to a
powered aircraft that results in a V_H greater than 115 kts
(e.g., installation of a cruise propeller on an aircraft initially
certificated with a climb propeller) would render the aircraft
ineligible.
An aircraft issued an experimental, operating light-sport aircraft
airworthiness certificate under proposed Sec. 21.191(i) would be issued
operating limitations under current Sec. 91.319(b) as part of the
certificate. The limitations would address maintenance, flight test
programs, operations in various airspace classes, and pilot
qualification. Operating limitations would prohibit the operation of
experimental light-sport aircraft for compensation or hire, except when
operated while conducting flight training in aircraft certificated
under proposed Sec. 21.191(i)(1), and also would prohibit rental of
these aircraft.
Operating limitations also would address the different purposes for
which an experimental certificate would be issued. Operating
limitations for existing aircraft that exceed the weight, occupant, or
performance limitations of part 103 would be similar to those that
currently exist for vehicles operating under part 103, although flight
training, under certain circumstances described previously, would be an
allowable use. Operating limitations for new aircraft, either assembled
from an eligible kit or previously issued a special certificate under
Sec. 21.186, would be similar to those for aircraft issued
experimental, operating amateur-built aircraft.
When an experimental, operating light-sport aircraft airworthiness
certificate is issued for an aircraft that has not previously completed
flight testing, operating limitations would require the owner to
complete phase I flight testing to demonstrate that the aircraft is
safe for flight. Operating limitations issued for these aircraft would
be similar to those currently issued for experimental, amateur-built
aircraft. Upon completion of phase I flight test, the pilot should
record in the aircraft records that the aircraft meets Sec. 91.319(b).
The aircraft would be considered to have completed phase I flight
testing if the aircraft has met the phase I flight test requirement at
the time of application, and the owner can attest that the aircraft
meets the requirements for safe flight and has made the appropriate
entry in the aircraft's maintenance record.
The continued airworthiness of light-sport aircraft issued
experimental certificates would follow the experience and precedent
that has been established for the continued airworthiness of
experimental amateur-built aircraft. The aircraft owner would be
responsible for ensuring the continued airworthiness of the aircraft.
The FAA has not generally issued AD's for aircraft with experimental
certificates in the past and expects this policy to continue. Similar
to aircraft with special, light-sport aircraft airworthiness
certificates, the FAA would issue an AD if public safety requires;
however, the FAA expects that such action would be required only as a
consequence of a serious breakdown in the manufacturer's fulfillment of
its responsibilities for maintaining continued airworthiness.
Under the proposal, there would be three ways a person could obtain
an experimental airworthiness certificate for the operation of light-
sport aircraft [``experimental light-sport''].
Proposed 21.191(i)(1) would establish the eligibility requirements
and time frame for the first method of issuing an experimental
airworthiness certificate for the operation of light-sport aircraft
[``experimental light-sport''].
This method would allow a person to obtain an experimental
certificate for the operation of light-sport aircraft if that person
applies to register the aircraft not later than 24 months after the
effective date of the rule. The FAA would have to issue an experimental
airworthiness certificate for the aircraft not later than 36 months
after the effective date of the rule. This provision would not apply to
aircraft that meet the definition of ultralight vehicle in Sec. 103.1.
Light-sport aircraft could be used only for sport and recreation and
flight training. However, for 36 months after the effective date of the
rule, a person could operate these aircraft for compensation or hire
while conducting flight training.
The owner of an aircraft that does not meet the current definition
of ultralight vehicle in Sec. 103.1 would be able to obtain an
experimental certificate for their aircraft. To get the certificate,
the owner would have to apply to the FAA to register the aircraft not
later than 24 months after the effective date of the rule. Then, the
registered owner would be required to have the aircraft inspected and
an airworthiness certificate issued by a qualified representative of
the FAA not later than 36 months after the effective date of the rule.
The FAA wouldn't issue experimental, operating light-sport aircraft
airworthiness certificates under Sec. 21.191(i)(1) after 36 months
after the effective date of the final rule.
Once the FAA has inspected the aircraft and determined it is safe
to operate, the FAA would issue an experimental, operating light-sport
aircraft airworthiness certificate with the appropriate operating
limitations. Identification of the aircraft with a data plate per
current Sec. 45.11 would be required.
The process for getting an experimental, operating light-sport
aircraft airworthiness certificate would be the same for an imported
aircraft as for an aircraft manufactured in the United States.
Aircraft certified under this method could be used only for sport
and recreation and flight training; however, until 36 months after the
effective date of the rule, flight training would be permitted in
existing light-sport aircraft that do not meet part 103 (those
certificated under proposed Sec. 21.191(i)(1)) and are operated for
compensation or hire. Permitting these aircraft to be used for flight
training while the aircraft is being used for compensation or hire for
a 36-month period would ensure that flight training currently permitted
under exemptions could continue while light-sport aircraft
manufacturers begin production of aircraft that could be certificated
under proposed Sec. 21.186. This 36-month period also would provide
industry with time to develop and reach a consensus on the
airworthiness standards appropriate for light-sport aircraft. The owner
of an aircraft certificated under proposed Sec. 21.191(i) would be
authorized to receive flight

[[Page 5382]]

training in the aircraft regardless of this 36-month provision.
Persons who currently operate vehicles under a training exemption
and who have applied for an aircraft registration would be allowed to
continue to operate under the training exemption until the FAA issues
an experimental, operating light-sport aircraft airworthiness
certificate. Persons operating aircraft under a training exemption
would still have to apply for registration and for an airworthiness
certificate, as proposed. Persons with vehicles that exceed the weight/
occupant limitations of part 103 and who do not hold a training
exemption would not be permitted to operate under part 91 until the
aircraft is registered and is issued an experimental, operating light-
sport aircraft airworthiness certificate. The FAA intends for the
experimental, operating light-sport aircraft airworthiness certificate
to be for aircraft meeting the criteria for light-sport aircraft that
do not currently hold a valid airworthiness certificate and that cannot
be operated under the provisions of part 103.
Proposed 21.191(i)(2) would establish the eligibility requirements
and time frame for the second method of issuing an experimental
airworthiness certificate for the operation of light-sport aircraft
[``experimental light-sport'']. A person could obtain an experimental
certificate for the operation of light-sport aircraft, if the aircraft
was assembled from an eligible kit without the supervision and quality
system of the manufacturer. The aircraft could be used only for the
purpose of sport and recreation and for receiving flight training.
An aircraft assembled from a kit could alternatively be eligible
for an experimental amateur-built certificate, provided the assembler
can meet the requirements of Sec. 21.191(g).
A gyroplane kit could not be an eligible kit, because a gyroplane
would not be issued an airworthiness certificate in the light-sport
category under proposed Sec. 21.186
Experimental, kit-built aircraft may also benefit from manufacturer
support provided to aircraft with special, light-sport aircraft
airworthiness certificates.
Proposed 21.191(i)(3) would establish the eligibility requirements
and time frame for the third method of issuing an experimental
airworthiness certificate for the operation of light-sport aircraft
[``experimental light-sport'']. In this method a person could obtain an
experimental certificate for the operation of light-sport aircraft if
the aircraft previously was issued a special airworthiness certificate
in the light-sport category under Sec. 21.186. These aircraft also
could be used only for sport and recreation and flight training, even
if they were previously operated for compensation or hire while
conducting flight training or used as rental aircraft.
This method is intended to permit aircraft previously issued a
special, light-sport aircraft airworthiness certificate under proposed
Sec. 21.186 that no longer meet the operating limitations of proposed
Sec. 91.327 to be certificated for this purpose. The operating
limitations would then be to those of current Sec. 91.319(b).
An aircraft that did not comply with a manufacturer's mandatory
safety of flight bulletin or had unauthorized alterations would be
eligible for the experimental certificate using this method.
Proposed section 21.193(e) would include general requirements for
registered owners who seek to obtain an experimental certificate for a
light-sport aircraft under proposed Sec. 21.191(i)(2) assembled from a
kit. This section has similar requirements to those of Sec. 21.186(b)
for aircraft eligible for special light-sport airworthiness
certificates.
Proposed Sec. 21.193(e)(1) would define the requirements that an
eligible kit must meet. A kit would be considered eligible if the
aircraft make and model previously has been issued a special
airworthiness certificate in the light-sport category and that aircraft
was manufactured and assembled by the aircraft kit manufacturer. This
requires that the manufacturer has completed the process of designing,
manufacturing, assembling, and testing the same make and model
aircraft.
Under the proposal, the owner would have to provide evidence that
the aircraft was assembled per the kit manufacturer's instructions, and
would have the aircraft inspected by the FAA. The applicant also would
need to provide the Statement of Compliance issued by the manufacturer.
Once the aircraft has been inspected and determined to be safe to
operate, the FAA would issue an experimental, operating light-sport
airworthiness certificate with the appropriate operating limitations.
Aircraft assembled from a kit and imported complete into the United
States would not be eligible for an experimental certificate under
proposed Sec. 21.191(i)(2). This person could obtain only an
experimental airworthiness certificate if the aircraft is eligible
under Sec. 21.191(g).
Proposed Sec. 21.193(e)(2) would require registered owner to have a
copy of the Pilot Operating Handbook. This would provide the registered
owner access to information on how to safely operate the aircraft.
Proposed Sec. 21.193(e)(3) would require the registered owner to
have a copy of the maintenance and inspection procedures for the
aircraft. This would provide the registered owner access to information
on how to safely maintain the aircraft.
Proposed Sec. 21.193(e)(4) would require the registered owner to
provide a Statement of Compliance for the design and manufacture of the
kit aircraft. This Statement would include all the items required on a
Statement of Compliance for a special light-sport aircraft, except for
a statement that it has been tested in accordance with a production
acceptance procedure. This statement would not be required because the
Statement of Compliance for a kit would address only the work performed
by or under the control of the kit manufacturer. In lieu of a statement
that the aircraft has been tested in accordance with a production
acceptance procedure, this proposal would require the kit manufacturer
to provide assembly instructions for the aircraft kit. The instructions
should provide enough detail so that if the kit were assembled by a
qualified person, the completed aircraft would perform acceptably and
be in a condition for safe operation.
Proposed Sec. 21.193(e)(5) would require the registered owner to
present the completed assembly instructions used to assemble the
aircraft to the FAA.
Proposed Sec. 21.193(e)(6) would require that an imported kit be
manufactured in a country that has an agreement with the United States
for the import and export of the aircraft to be made from the kit. This
would preclude the manufacture of kits in countries that the United
States has not assessed with respect to the manufacture of these kits.

C. What Are the Proposed Changes to 14 CFR Part 43?

Proposed section 43.1 would be revised to reflect that part 43
would not apply to an aircraft for which a special airworthiness
certificate in the light-sport category was issued. The FAA has made
this determination because these aircraft would not be issued a type
certificate.

D. What Are the Proposed Changes to 14 CFR Part 45?

The FAA is proposing revisions to part 45 to require aircraft
registration markings for powered parachutes and weight-shift-control
aircraft. The revisions would set forth requirements

[[Page 5383]]

for the size of these registration marks and how they should be
displayed.
Proposed section 45.27 would require each operator of a powered
parachute or weight-shift-control aircraft to display registration
marks. The marks would be required to be displayed horizontally and in
two diametrically opposite positions on any structural member or
airfoil.
Proposed section 45.29 would permit an aircraft issued an
experimental certificate for the purpose of operating a light-sport
aircraft to display marks at least 3 inches high when the maximum
cruising speed of the aircraft does not exceed 180 kts CAS. This
proposal is identical to that contained in Sec. 45.29(b)(iii) for
exhibition aircraft and amateur-built aircraft. The proposal also would
require marks displayed on all powered parachutes and weight-shift-
control aircraft. This proposal is similar to the current requirement
for airships, balloons, and non-spherical balloons.

E. What Are the Proposed Changes to 14 CFR Part 61?

The FAA is proposing a new sport pilot certificate and flight
instructor certificate with a sport pilot rating. The proposal would
establish two new aircraft category and class ratings, weight-shift-
control (with land and sea class ratings), and powered parachute, in
addition to new training and certification requirements for these new
aircraft ratings at the sport pilot and private pilot levels.
The FAA would establish a Special Federal Aviation Regulation
(SFAR) under part 61 that would apply to the issuance of a student
pilot certificate to operate light-sport aircraft, a sport pilot
certificate, a flight instructor certificate with a sport pilot rating,
and ground instructor privileges for these certificates. The FAA's
decision to propose many of these rule changes in the format of an SFAR
was based on a number of factors. First, the proposed SFAR would
consolidate all requirements for sport pilot certification, flight
instructor certification with a sport pilot rating, student pilot
certification to operate a light-sport aircraft, and ground instructor
privileges applicable to certificates issued under the SFAR in one
location. The FAA believes that this approach would make it easier for
you to use the certification rules that apply to you. Additionally,
because this proposal would be a significant amendment to part 61, we
see this as an opportunity to revise our regulations using plain
language writing techniques, which would make the regulations clearer
to you. Finally, it provides us with greater flexibility to further
refine the new regulations over a period of time. We will evaluate the
impact of the SFAR after we have had operational experience with the
regulations. At that point, we will determine the most appropriate
location for the provisions of the SFAR and we expect to integrate them
into the permanent portion of 14 CFR part 61. The proposed
certification of sport pilots is a new concept that may require
revisions once it is put into place. Although the question-and-answer
format in the rule text is a departure from what you may be used to, it
is easier to understand and apply. The FAA specifically requests that
you comment on the language of the NPRM and on the proposal to
incorporate these rules initially as an SFAR, rather than in the body
of part 61.
Part 61 SFAR No. 89

General

Proposed section 1 would set forth the scope of SFAR 89. It would
state that the SFAR would establish the requirements to apply for a
student pilot certificate to operate a light-sport aircraft, a sport
pilot certificate, and a flight instructor certificate with a sport
pilot rating. It would also establish requirements for ground
instructors who would provide training for a sport pilot certificate or
a flight instructor certificate with a sport pilot rating.
Proposed section 3 of SFAR 89 would list the eligibility
requirements for student pilot, sport pilot, and flight instructor
certificates.
If you are an applicant for a student pilot certificate, you would
have to be at least 16 years old to operate a light-sport aircraft
other than a glider or a balloon. You would have be at least 14 years
old to apply for a certificate to operate a light-sport glider or
balloon.
If you are an applicant for a sport pilot certificate, you would
have to be at least 17 years old to operate light-sport aircraft other
than a glider or balloon. You would have to be at least 16 years old to
apply for a certificate to operate a light-sport glider or balloon.
These age limitations are consistent with the current age requirements
for recreational and private pilot certificates.
If you are an applicant for a flight instructor certificate with a
sport pilot rating, you would have to be at least 18 years old. This
age requirement is consistent with age requirements for all other
flight instructor certificates.
The FAA is not considering changes to the existing age
requirements, because there has not been any indication of a decrease
in the level of safety due to the age of a pilot or flight instructor.
Student pilots, sport pilots, and flight instructors would have to
be able to read, speak, write, and understand the English language,
which currently is required of all student pilots, private pilots, and
flight instructors. The FAA may place operating limitations on you, as
necessary, for the safe operation of light-sport aircraft. This
procedure would be identical to that used for current student pilot,
private pilot, and flight instructor applicants.
Proposed section 5 would indicate that the SFAR would remain
effective until superceded or rescinded. The FAA expects to incorporate
the provisions of SFAR 89 into the permanent portions of 14 CFR part 61
after evaluating the operational needs of the SFAR.
Proposed section 7 of SFAR 89 would establish that a sport pilot
certificate issued under this SFAR would not expire.
Proposed section 9 of SFAR 89 would indicate that the term ``light-
sport aircraft,'' as used in the SFAR, would be defined in Sec. 1.1.
This definition would provide the criteria for a light-sport aircraft
and which aircraft you would be authorized to fly. A light-sport
aircraft may hold either a standard or special airworthiness
certificate.
Proposed section 11 of SFAR 89 would indicate that the term
``authorized instructor,'' as used in this SFAR, would be defined under
Sec. 61.1. The definition of authorized instructor would be amended to
include a flight instructor with a sport pilot rating.
Proposed section 13 of SFAR 89 would require that as a sport pilot,
you would have to comply with parts 61 and 91 and any other applicable
regulations under 14 CFR.
Proposed section 15 of SFAR 89 would require you, while exercising
the privileges of a student pilot operating light-sport aircraft or a
sport pilot (other than a glider or balloon), to hold and possess
either a current and valid U.S. driver's license or a current and valid
airman medical certificate issued under part 67. The FAA would consider
a U.S. driver's license to be any license to operate a motor vehicle
issued by a state, the District of Colombia, Puerto Rico, a territory,
a possession, or the Federal government. Consistent with all other
pilot certificates, if you are a student pilot or a sport pilot
operating a light-sport balloon or glider, you would not be required to
hold a current and valid U.S. driver's license or a current and valid
airman medical certificate.
If you do not possess a current and valid airman medical
certificate and

[[Page 5384]]

your driver's license is revoked or rescinded for any offense, you
couldn't exercise the privileges of your sport pilot certificate until
your license is reinstated. If you choose to use your driver's license
to satisfy the medical requirements for your sport pilot certificate
(or a student pilot operating light-sport aircraft), your driver's
license must be in your personal possession at all times when you
conduct operations under your sport pilot certificate. Similarly, if
you choose to use a current and valid airman medical certificate to
meet the medical requirements for your sport pilot certificate, you
would be required to carry that medical certificate at all times when
you conduct operations under your certificate.
It should be noted that any restrictions on a U.S. driver's license
(e.g., vision restrictions) also would apply when exercising the
privileges of a student pilot certificate operating light-sport
aircraft or a sport pilot certificate.
The FAA proposes to require a pilot to hold and possess a U.S.
driver's license because it provides generally accepted evidence of
basic health. Further, the FAA believes the medical standards that
permit an individual to drive an automobile in close proximity to other
automobiles at high speeds provides an adequate level of safety to
operate a light-sport aircraft.
Although the process for applying for a driver's license varies
throughout the United States, U.S. issuing authorities typically
require applicants to verify some basic level of health on their
various driver's license applications. Each State requires an applicant
to meet minimum vision standards. Additionally, many authorities
require applicants to provide a summary of any medical condition(s)
that might preclude them from obtaining a U.S. driver's license in that
jurisdiction. In the District of Columbia, for example, applicants for
a driver's license are asked to indicate whether they have ever been
treated for any of the following: stroke or paralysis; loss of function
in an extremity; alcoholism or drug abuse; a mental disorder; a brain
disorder; diabetes; glaucoma; cataracts or other eye diseases; any
heart disorder; seizure disorder or fainting spells; poor muscle
control, or dizzy spells. If a driver's license applicant affirms
having received treatment for any of these conditions, a licensed
physician must further evaluate whether that person should be allowed
to drive a motor vehicle. The FAA believes that the level of health
evidenced by a U.S. driver's license is a necessary prerequisite to
safely operate a light-sport aircraft.
If the U.S. driver's license of a pilot who does not possess a
current and valid airman medical certificate is revoked or rescinded
for any offense--including, among others, substance abuse, excessive
speeding, careless and reckless operation of a vehicle, numerous
traffic violations--the individual's pilot certificate would not be
valid until the license is reinstated. Unless and until the U.S.
driver's license is reinstated, a pilot would not be authorized to
operate a light sport aircraft. If an individual is precluded from
driving an automobile, then the FAA believes that the individual should
not operate a light-sport aircraft `` a more complex and demanding
activity.
It is possible that a student pilot or a sport pilot whose U.S.
driver's license has been revoked or rescinded could seek airman
medical certification as a means to obtaining certification to operate
light-sport aircraft. However, on FAA Form 8500-8, Application for
Airman Medical Certificate or Airman Medical and Student Pilot
Certificate, under Items 18 and 20, applicants must state whether their
U.S. driver's license has been denied, suspended, cancelled, or
revoked. An applicant must authorize the FAA, as set forth under
existing Sec. 67.7, access to search the National Driver Register to
obtain information on and condition(s) that might preclude the issuance
of an airman medical certificate.
Under the proposal if a pilot knows or has reason to know of any
medical condition that would affect his or her ability to operate a
light-sport aircraft, then the pilot would have to refrain from acting
as a pilot in command. Data available in the National Aviation Safety
Data Analysis Center (NASDAC) accident database indicates that a pilots
medical condition is rarely a causal factor in general aviation
accidents. A review of balloon and glider accidents contained in that
database from 1990 to 2000 revealed that only two accidents occurred
because of a pilot's medical condition. The absence of any medical
certificate requirement for persons operating balloons and gliders has
not resulted in a demonstrated reduction in safety.
The ARAC, in its findings, provided accident summary data from 1986
through 1992 indicating that the percentage of aviation accidents
involving medical causal factors is lower for those activities that do
not require medical certificates than for those activities that do.
During this 7-year timeframe, the ARAC indicates there were 761
accidents in lighter-than-air aircraft and gliders--operations that do
not require airman medical certification. Only one of the 761 accidents
showed a medical cause, according to ARAC (slightly more than one-tenth
of one percent of total accidents). For general aviation operations
requiring airman medical certification, ARAC indicates there were
46,976 total accidents, 99 of which (slightly more than one-fifth of
one percent) showed a medical cause. The FAA believes, therefore, that
medical conditions are not a significant cause of accidents in aircraft
that are used for sport and recreational purposes.
Copies of the following items are filed in the docket for this
rulemaking: examples of medical questions asked on selected U.S.
driver's license application forms and on FAA Form 8500-8; NASDAC
accident data; and ARAC's final recommendation containing it's accident
data findings.
Proposed section 17 of SFAR 89 consists of a table that sets forth
the circumstances under which a medical deficiency would preclude a
student pilot or sport pilot from operating a light-sport aircraft.
These provisions would be consistent with the prohibitions against
operating with a medical deficiency specified in Sec. 61.53.
Student Pilot Certificate--Operating Light-Sport Aircraft
Proposed section 31 of SFAR 89 consists of a table that sets forth
the procedures that you would follow when you apply for a student pilot
certificate to operate a light-sport aircraft. This proposed process to
obtain a student pilot certificate to operate a light-sport aircraft is
consistent with current part 61 rules to obtain a student pilot
certificate.
Proposed section 33 of SFAR 89 would establish that you could not
operate a light-sport aircraft in solo flight unless you have met the
requirements under Sec. 61.87(a)-(c). Those requirements are the
general, aeronautical knowledge, and pre-solo flight training
requirements for all student pilots. Additionally, the proposal would
establish that you must meet the existing student pilot requirements
under Sec. 61.87(d), (g), and (i)-(k). Those requirements are the
maneuvers and procedures for your pre-solo flight training in a single-
engine airplane, glider, gyroplane, airship, or balloon. This proposal
would establish new maneuvers and procedures for pre-solo flight
training in a powered parachute or weight-shift-control aircraft. These
maneuvers and procedures would be similar to those specified in current
Sec. 61.87 with certain

[[Page 5385]]

variations due to the unique nature of those aircraft.
This proposal also would establish that a student pilot may not
operate a light-sport aircraft on a solo cross-country flight, unless
he or she meets the general solo cross-country requirements of current
Sec. 61.93(a) and receives the endorsements specified in Sec. 61.93(b)-
(c).
This proposal also would establish the maneuvers and procedures for
solo cross-country flight training in a single-engine airplane, glider,
gyroplane, or airship. A student pilot would have to receive and log
flight training for the maneuvers and procedures specified in
Sec. 61.93(e), (h), (j), and (k), as applicable. This proposal also
would establish new maneuvers and procedures for solo cross-country
flight training in a powered parachute or weight-shift-control
aircraft. There would be no cross-country requirements for balloons.
Proposed section 35 of SFAR 89 would set forth limits for you to
operate light-sport aircraft as a student pilot. You would have to
comply with Secs. 61.87(l), 61.89(a)(1)-(4), (a)(7), and (a)(8). You
would be restricted from operating a light-sport aircraft that has a VH
that exceeds 87 knots CAS. The FAA believes that limiting a student
pilot to this airspeed would establish an acceptable level of safety in
view of the minimal amount of training required to be eligible for a
student pilot certificate.
Additionally, you could not operate a light-sport aircraft with a
flight or surface visibility of less than 3 statute miles, at night, at
an altitude of more than 10,000 feet MSL or 2,000 feet AGL (whichever
is higher), or outside the United States. However, you could operate
light-sport aircraft on a solo flight in Class B, C, or D airspace if
you have received the ground and flight training from an authorized
instructor. You must also receive a logbook endorsement specifying that
you are proficient to operate in the specific airspace or the airport
at which you intend to fly solo.
Current part 103 operating rules permit an ultralight pilot to
operate in Class B, C, or D airspace only if the area over which the
pilot operates is not congested, and the pilot has obtained prior
authorization from ATC. The FAA does not want to restrict you from
operating light-sport aircraft in the same airspace, but in the
interest of safety, decided to require you to get additional training
and an endorsement from an authorized instructor if you want to operate
and carry passengers in this airspace.
You would have to comply with any operating limitation placed on
the light-sport aircraft's airworthiness certificate. You also would
have to comply with any limitation or endorsement on your pilot
certificate, airman medical certificate, U.S. driver's license, or any
other limitation or endorsement from an authorized instructor.
You would have to hold a student pilot certificate, FAA Form 8710-
2, ``Student Pilot Certificate'' or FAA Form 8420-2 ``Medical
Certificate__Class and Student Pilot Certificate,'' identical to all
other student pilots. All applicable endorsements for your student
pilot certificate and logbooks would apply. The FAA would revise AC No.
61-65 ``Certification: Pilots and Flight and Ground Instructors'' to
address the new endorsements for a student pilot operating light-sport
aircraft.
Proposed section 37 of SFAR 89 would establish how to obtain a
logbook endorsement for operations in Class B, C, or D airspace and at
airports located in Class B, C, or D airspace. The FAA would require
this endorsement within 90 days before you conduct flights in that
airspace or at those airports. This proposal is consistent with the
requirements established for other student pilots operating in Class B
airspace. Persons operating ultralight vehicles are authorized to fly
into Class B, C, or D airspace that is not over a congested area
without training, but they must have ATC prior authorization. The new
requirement has the potential to raise the level of safety for pilots
operating similar aircraft in this airspace by requiring training
before conducting such operations.
Sport Pilot Certificate
Proposed section 51 of SFAR 89 would establish the aeronautical
experience requirements needed for a sport pilot certificate. You would
have to receive and log ground training from an authorized instructor
or complete a home-study course on aeronautical knowledge areas that
would be applicable to the light-sport aircraft category or class
privilege you seek. Your instructor would review your home-study course
to determine that it adequately addresses the aeronautical knowledge
areas. The proposed aeronautical knowledge areas are partly based on
existing criteria for part 103 FAA-recognized training programs, and
partly based on existing criteria contained in part 61 for existing
pilot certificates. The FAA believes the training in these subject
areas would be appropriate for an applicant for a sport pilot
certificate and they reflect the simplicity of the aircraft and the
less complex operating environment in which a sport pilot would
operate. There would be no requirement for training on radio
communications with ATC or for operations in Class B, C, or D airspace,
because operation in that airspace requires an additional endorsement
that has specific training requirements under proposed section 37 of
SFAR 89.
Proposed section 53 of SFAR 89 would establish that you would have
to receive and log ground and flight training from an authorized
instructor on the areas of operations applicable to the light-sport
aircraft category or class privileges you seek. These areas would be
consistent with the flight proficiency requirements established for
higher certificate levels under part 61. The FAA would establish new
flight proficiency requirements for weight-shift-control aircraft and
powered parachutes. The flight proficiency requirements are partly
based on existing criteria for part 103 FAA-recognized training
programs, and partly based on criteria contained in part 61 for
existing pilot certificates.
Proposed section 55 of SFAR 89 would set forth the aeronautical
experience requirements for your sport pilot certificate. To obtain
your sport pilot certificate for all category and/or class privileges,
with some variations for lighter-than-air aircraft and gliders, you
would have to log at least 20 hours of flight time. This experience
would include aeronautical experience requirements for weight-shift-
control aircraft and powered parachutes. This experience generally
would include at least 15 hours of flight training in an aircraft from
an authorized instructor and 5 hours of solo flight training in the
areas of operation established for a student pilot operating light-
sport aircraft. The training for each category, with some variations
for the different categories of aircraft, would include at least 2
hours of cross-country flight training; 10 takeoffs and landings to a
full stop; 1 solo cross-country flight; and 3 hours of flight training
in preparation for the practical test.
The proposal would specify cross-country distances for each
category of aircraft. Due to the slow operating speeds of powered
parachutes, the FAA would amend the definition of ``cross-country
time'' in Sec. 61.1(b)(3). Any flight over 15 nm would be considered a
cross-country flight for training purposes in a powered parachute. The
aeronautical experience requirements for a sport pilot are partly based
on existing criteria for part 103 FAA-recognized training programs, and
partly based on criteria contained in part 61 for existing pilot
certificates.

[[Page 5386]]

The FAA considered, but did not agree with, the ARAC proposal, that
cross-country flight should be permitted through a separate
endorsement, so that cross-country privileges would be needed only by
those sport pilots who choose to operate outside the small radius of
their local airport. However, the FAA concluded that most ultralight
operators conduct short cross-country flights. Therefore, to ensure a
minimum level of safety is met for carrying a passenger, the FAA is
proposing to require cross-country training for all sport pilot
certificates. The FAA notes that many instructors within FAA-recognized
ultralight organizations conduct some cross-country training, even
though it is not required by all of those organizations. The FAA
determined that, unless a sport pilot receives a minimum amount of
training on cross-country procedures, the pilot would not have the
skills necessary to navigate properly and avoid airspace that he or she
would be prohibited from entering.
Proposed section 57 of SFAR 89 would establish the tests that you
would have to take to obtain a sport pilot certificate. You would have
to pass a test on the aeronautical knowledge areas, after receiving a
logbook endorsement from an authorized instructor certifying that you
are prepared for the knowledge test. That instructor would have
conducted your training or reviewed and evaluated your home-study
course on the aeronautical knowledge areas. If you completed a home-
study course, the authorized instructor would be required to review
your home-study course to ensure that it prepared you for the knowledge
test on the aeronautical knowledge areas listed in section 51 of the
SFAR. The FAA would develop this general knowledge test with industry
input; it would not be aircraft-category specific.
You would have to pass the required practical test on the areas of
operation that apply to the light-sport aircraft privilege you seek.
You would have to receive a logbook endorsement from an authorized
instructor certifying that you have met the applicable aeronautical
knowledge and experience requirements and are prepared for the required
practical test. That instructor would have conducted the required
flight training in preparation for the practical test on the areas of
operation that apply to the light-sport aircraft privilege you seek. An
FAA designated pilot examiner or an FAA aviation safety inspector who
is qualified in that category, class, and make and model of light-sport
aircraft would conduct this practical test. After successfully passing
the practical test for a sport pilot certificate, you would be issued a
pilot certificate and the FAA designated pilot examiner or FAA aviation
safety inspector would make the appropriate logbook endorsements
establishing that you are proficient in this category, class and make
and model of light-sport aircraft.
The FAA envisions that the initial cadre of FAA-designated
examiners would come from the group of ``advanced'' flight instructors
established in FAA-recognized ultralight organizations, or existing
designated pilot examiners who are currently qualified in these types
of light-sport aircraft. These advanced flight instructors serve in a
similar role as pilot examiners for the FAA-recognized ultralight
organizations. The initial cadre of FAA-designated pilot examiners
authorized to certificate these new pilots would receive standardized
FAA-designated examiner training and would be designated under 14 CFR
part 183 as a representative of the FAA. Although an FAA aviation
safety inspector would still have the authority to give the practical
test for the certification of a sport pilot or flight instructor with a
sport pilot rating, the FAA expects that most tests would be
administered by FAA-designated examiners.
The FAA would develop Practical Test Standards for each category
and class of aircraft for the sport pilot certificate. The FAA intends
to seek industry input in developing these standards. Additionally, the
FAA would amend AC No. 61-65, ``Certification: Pilots and Flight and
Ground Instructors,'' to address the new endorsements that would be
necessary for this proposed certificate.
Proposed sections 59 and 61 of SFAR 89 would establish that your
sport pilot certificate would not list aircraft category and class
ratings. You would receive logbook endorsements for each category and
class of light-sport aircraft that you are entitled to operate. The
designated pilot examiner or FAA inspector who conducted your practical
test would provide your initial endorsements.
You would be required to have a logbook endorsement from an
authorized instructor in your logbook for each additional category and
class of light-sport aircraft you operate. You must also have a logbook
endorsement for each additional make and model of light-sport aircraft
that you operate.
The ARAC's proposal called for the establishment of ``type
ratings'' in addition to category and class ratings for these new
light-sport aircraft. The ARAC thought this was necessary because the
listed ``classes of light-sport aircraft'' may be further divided to
address such dissimilar features as pusher and tractor engine
locations; single- and double-surface wings; conventional tail, canard
tail, and tail-less aircraft in many of the above categories; and
tricycle or conventional landing gear configurations. The FAA does not
think that it is necessary to establish ratings on the sport pilot
certificate to operate various types of light-sport aircraft. However,
the FAA believes that a pilot should be required to demonstrate
proficiency to operate each aircraft and is proposing to require a one-
time logbook endorsement by an authorized instructor for each
additional make and model of light-sport aircraft the sport pilot
wishes to fly, in lieu of the ARAC ``type rating'' recommendation. The
proposed training and one-time logbook endorsement requirement would
ensure that any time a pilot exercising sport pilot privileges chooses
to fly a new make and model of aircraft within a specific category he
or she would receive the appropriate training.
This new concept requiring a logbook endorsement for each make and
model of light-sport aircraft would ensure that if you fly any of the
unique light-sport aircraft that fall into the broad aircraft
categories and class ratings of aircraft established in Sec. 61.5, you
would receive training and demonstrate a minimum level of proficiency
to an authorized instructor.
The FAA will work with industry to develop procedures to allow
flight instructors with a sport pilot rating to issue logbook
endorsements for a particular group of make and model aircraft having
similar operating characteristics. This process should reduce the
administrative burden of obtaining logbook endorsements for all make
and models of aircraft the pilot wishes to fly. The FAA has implemented
a similar policy for check airmen and pilots operating under part 135.
The FAA specifically requests comments on whether the make and model
endorsements for sport pilots is in the public interest.
Proposed sections 63 and 65 of SFAR 89 would establish how you
receive sport pilot privileges to operate additional categories,
classes, or makes and models of light-sport aircraft.
If you want to fly an additional category or class of light-sport
aircraft, you would have to receive training from an authorized
instructor in the specific make and model aircraft you intend to
operate. That instructor would endorse your logbook, certifying that
you meet the aeronautical experience

[[Page 5387]]

requirements. After completing this training, you would be required to
receive a proficiency check and an additional logbook endorsement from
a different authorized instructor. This instructor's endorsement would
certify you are proficient on the areas of operation for the additional
light-sport aircraft category or class and make and model privilege you
seek. Having a second instructor conduct your proficiency check would
serve as an independent verification of your abilities.
If you want to fly an additional make and model of light-sport
aircraft within the same category of aircraft for which you already
have privileges, you would have to receive training from an authorized
instructor on the specific training requirements for the light-sport
aircraft make and model you seek. Then, that authorized instructor
would endorse your logbook certifying that you are proficient in that
make and model of light-sport aircraft. You would not need the
additional proficiency check required for the operation of an
additional category or class of aircraft. This is similar to the ``type
rating'' concept proposed by ARAC.
This new concept of requiring logbook endorsements authorizing
privileges, rather than obtaining ratings through flight tests with FAA
personnel or designated examiners, would make the sport pilot
certificate more affordable than a recreational pilot or a private
pilot certificate. It also would significantly reduce the number of FAA
aviation safety inspectors and FAA designated examiners needed to
support airman certification.
Proposed section 67 of SFAR 89 would establish that as a sport
pilot, you would have to carry on all flights your pilot certificate
and a logbook or documented proof of appropriate endorsements specified
in Sec. 61.31, for example, a tail-wheel endorsement. This is necessary
because you would not carry ratings listed on the certificate like
other pilot certificates. Your sport pilot privileges would be
documented through logbook endorsements. The FAA would permit other
``documented proof,'' because in some light-sport aircraft it may be
impracticable to carry a logbook. Documented proof could include a
photocopy of your logbook endorsements or a preprinted form that
includes your endorsement.
Privileges and Limits of Holders of a Sport Pilot Certificate
Proposed sections 71-79 of the SFAR would contain your sport pilot
certificate privileges and limits. You would be permitted to operate a
light-sport aircraft, as defined in Sec. 1.1, for which you hold the
proper logbook endorsements. You could not operate light-sport aircraft
at night, in Class A airspace; however, you could operate in class B,
C, or D airspace if you receive the ground and flight training and a
logbook endorsement. You also would not be permitted to operate an
aircraft outside the United States unless you have prior authorization
from the country in which you want to operate. Your sport pilot
certificate does not meet minimum ICAO requirements and would carry the
limitation ``Holder does not meet ICAO requirements.''
You would be required to operate a light-sport aircraft in
accordance with part 91 but could not carry more than one passenger, or
operate for a purpose other than sport and recreational flying, such as
carrying a passenger for compensation or hire. You could share the
operating expenses of a flight with a passenger, and you could
demonstrate an aircraft in flight to a prospective buyer unless you are
an aircraft salesperson. You could not to tow any object.
The FAA also considered permitting you to be reimbursed for
aircraft operating expenses that are directly related to search and
location operations. However, the FAA believes that search and location
operations go beyond the scope of sport and recreational flying and
that this privilege should be limited to pilots who hold at least a
private pilot certificate.
You also could not operate light-sport aircraft: (1) In a
passenger-carrying airlift sponsored by a charitable organization; (2)
at an altitude of more than 10,000 feet MSL or 2,000 feet AGL,
whichever is higher; (3) when the flight or surface visibility is less
than 3 statute miles; (4) without visual reference to the surface; (5)
that exceeds a V_H of 87 kts CAS (unless the pilot received
ground and flight training and a logbook endorsement); (6) contrary to
any limitations placed on an aircraft's airworthiness certificate; or
(7) contrary to any limitation or endorsement on that person's pilot
certificate, airman medical certificate, U.S. driver's license or any
other limitation or endorsement from an authorized instructor.
You would not be authorized to fly at night, which currently is
defined in Sec. 1.1 as the time between the end of evening civil
twilight and the beginning of morning civil twilight as published in
the American Almanac. An ultralight vehicle can usually operate only
between sunrise and sunset, which is more restrictive than the
provisions for a sport pilot. However, when the vehicle is operated in
uncontrolled airspace and with anti-collision lights, it can be
operated during the twilight periods 30 minutes before official sunrise
and 30 minutes after official sunset.
Unlike ultralight vehicles, light-sport aircraft could operate in
congested areas and controlled airspace. Therefore, you would be
permitted to operate light-sport aircraft at night only if it is
equipped with lights, as required by Sec. 91.209 and you are
appropriately certificated. Although you could not operate at night
with a sport pilot certificate, you could operate, even light-sport
aircraft, at night with a private pilot certificate.
The FAA would allow you to fly over congested areas, which is not
allowed under part 103. However, any particular light-sport aircraft
may have operating limitations that prohibit such operations. You could
not conduct any operation prohibited by the operating limitations of
the light-sport aircraft.
As a sport pilot, you would have to comply with any limits on your
pilot certificate, airman medical certificate, and driver's license (if
your driver's license is being used to meet the medical requirements of
the SFAR). For example, if your driver's license requires you to wear
glasses while driving, you also would have to wear them while flying.
Proposed section 81 of SFAR 89 would establish how you receive a
logbook endorsement to operate in Class B, C, or D airspace. You would
receive specific ground and flight training on the use of radios,
communications, navigation systems/facilities, and radar services;
operations at airports with an operating control tower; and operations
within Class B, C, or D airspace. The authorized instructor who
conducts your training would then endorse your logbook with a one-time
logbook endorsement. Similar to current part 103 and the recreational
pilot certificate, you couldn't operate in Class A airspace, because
your sport pilot certificate wouldn't be issued with an instrument
rating.
If you want to operate in airspace that requires communication with
ATC, you would complete the training requirements above; however, the
FAA would not require this training for you to get your sport pilot
certificate. You can avoid some training costs by choosing to operate
outside that airspace. The FAA believes that many sport pilots would
operate outside of this type of airspace, because their aircraft is not
properly equipped for operations within this airspace, because of the
aircraft's operating limitations, or by choice. Many pilots choose not
to

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equip their aircraft for operations in this airspace due to the
additional costs to purchase, install, and maintain the equipment, in
addition to the extra weight it adds.
Proposed section 83 of SFAR 89 would establish how to receive a
logbook endorsement to operate a light-sport aircraft exceeding a
V_H of 87 knots CAS. You would receive and log ground and
flight training from an authorized instructor, and then receive a one-
time logbook endorsement certifying proficiency in the operation of
this type of light-sport aircraft.
Again, by establishing separate training requirements that can be
accomplished at any time, the FAA would relieve you from incurring
these training costs if you chose not to operate in this type of
aircraft. The FAA believes that most light-sport aircraft a sport pilot
would operate would not exceed a V_H of 87 knots. Therefore
the FAA is not proposing more extensive training requirements for the
issuance of the sport pilot certificate than would be necessary to
operate aircraft exceeding a V_H of 87 knots.
The FAA recognizes the need to allow for aircraft with a V_H
as high as 115 knots to meet the definition of a light-sport aircraft,
but we also recognize the need for additional training requirements and
a one-time logbook endorsement to provide the appropriate level of
safety for operation of these aircraft. This concept is similar to the
requirements specified in Sec. 61.31 for additional training and
endorsements (e.g., high-performance airplanes, complex airplanes).
The FAA considered proposing no maximum V_H for these
aircraft, but determined that aircraft that exceed a V_H of
115 kts CAS would not be suited solely for sport and recreational
operations. The FAA believes that the operation of aircraft that exceed
a V_H of 115 kts is more appropriate for persons who meet the
training and experience requirements of at least a recreational pilot
certificate. When a pilot has the ability to use an aircraft primarily
for other than sport and recreational purposes, the FAA believes that
pilot should have the minimum training required at the private pilot
certificate level. That training provides basic instrument training,
night training, and additional navigation and cross-country training.
Pilots who use aircraft for other than sport and recreational purposes
need more training and experience because they are more likely to
encounter flight into marginal weather, inadvertent flight into
instrument meteorological conditions, or night flight.
Transitioning to a Sport Pilot Certificate
Proposed section 91 of SFAR 89 would allow you to exercise the
privileges of the holder of a sport pilot certificate if you already
hold a current and valid private pilot certificate, or higher, issued
under part 61. You would not be required to demonstrate any further
level of proficiency to exercise the privileges of a sport pilot
certificate. However, you would be limited to the aircraft category and
class ratings listed on your private pilot certificate, or higher, when
exercising sport pilot privileges. You also would have to meet the
training and endorsement requirements in proposed sections 63 and 65 of
the SFAR for any additional categories or classes, and makes and models
of light-sport aircraft you currently are not rated in and wish to fly.
If you have not acted as pilot in command of a specific make and model
aircraft, you would be required to receive training on the make and
model of light-sport aircraft you wish to fly. You would have to log
your pilot-in-command time in accordance with Sec. 61.51. For aircraft
manufactured after the effective date of the rule, the manufacturer
would provide a flight training manual that would include specific
training requirements. If you meet these specific training
requirements, you would satisfy the training required by this section
for the operation of a particular make and model of light-sport
aircraft.
You also would need a logbook endorsement from an authorized
instructor who certifies you are proficient to fly that make and model
aircraft. You also would have to carry your logbook or documented proof
of endorsements to verify the proper endorsements.
Proposed section 93 of SFAR 89 would set forth procedures for you
to obtain a sport pilot certificate if you have been flying ultralight
vehicles under part 103 but do not hold a pilot certificate issued
under part 61. If you are an ultralight pilot registered with an FAA-
recognized ultralight organization before 24 months after the effective
date of the rule, you would have to meet minimum age, language, and
medical requirements established in proposed sections 3 and 15 of the
SFAR. You also would have to pass the appropriate knowledge and
practical tests for the certificate. You would not have meet the
aeronautical knowledge, flight proficiency, and aeronautical experience
requirements in proposed sections 51-55 of the SFAR. The FAA has
concluded that if you have successfully completed the training
conducted by an FAA-recognized ultralight organization and you are a
pilot registered with that organization, you would meet the level of
experience required by proposed sections 51-55 of the SFAR. You
wouldn't need a separate endorsement from an authorized instructor
recommending you for the knowledge and practical test.
The proposal would require you to obtain a notarized copy of your
ultralight pilot records from the FAA-recognized ultralight
organization. Those records would document that you are a registered
ultralight pilot with that FAA-recognized ultralight organization; and
would list each category and class of ultralight vehicle that the
organization recognizes that you are qualified to operate. You would
still have to pass the knowledge test and practical test for a sport
pilot certificate.
The proposal would require you to present records, along with the
results from the knowledge test, to a designated pilot examiner or FAA
inspector when applying for your sport pilot certificate. The
designated pilot examiner or FAA inspector would review these records
and document the appropriate endorsements for each category and class
of ultralight vehicle that you are qualified to operate in your
logbook, after you successfully complete the practical test.
Proposed section 93(b) of the SFAR would address ultralight pilots
registered with an FAA-recognized ultralight organization after 24
months after the effective date of the rule. These pilots would be
required to meet the same requirements set forth in proposed section
93(a) of the SFAR. However those pilots would be required to meet
proposed sections 51-55 of SFAR 89. In meeting the requirements, a
pilot would be permitted to credit his or her ultralight flight and
ground time in accordance with the logging of flight and ground time
requirements under proposed section 177 of the SFAR.
Proposed section 93(c) of SFAR 89 would apply to you if you are not
registered with an ultralight organization. You would be required to
meet the eligibility requirements in proposed sections 3 and 15 of SFAR
89, the experience requirements in proposed sections 51-55 of SFAR 89,
and pass the appropriate knowledge and practical tests for the
certificate. When you successfully complete the practical test, the
designated pilot examiner or FAA inspector would document in your
logbook the appropriate endorsements for the category, class, and make
and model of light-sport aircraft. You would not be permitted to credit
your ultralight flight and ground time toward the

[[Page 5389]]

experience requirements in proposed sections 51-55 of the SFAR. The FAA
has concluded that although you may have received some form of
training, we would not have evaluated the training or the
qualifications of the trainers. Therefore, we would be unable to assess
whether it would be appropriate to credit that training toward the
issuance of your sport pilot certificate.
With the adoption of part 103, the FAA chose not to promulgate
rules regarding ultralight pilot certification, vehicle certification,
and vehicle registration, preferring that the ultralight community
assume the initiative for developing these important safety programs.
The FAA has granted exemptions to permit the ultralight industry to
conduct flight training in aircraft that do not meet the definition of
ultralight vehicles specified in part 103. Aero Sports Connection
(ASC), Experimental Aircraft Association (EAA), and the United States
Ultralight Association (USUA) currently are conducting such flight
training programs under exemptions. The FAA issued these exemptions
because the organizations demonstrated to the FAA that they have the
capability to establish the training programs, aircraft and operator
certification and registration programs, and safety programs for
ultralight vehicle owners and operators. At this time, the FAA
considers only these organizations to be ``FAA-recognized ultralight
organizations.''
The ARAC noted that the flight training provided by these FAA-
recognized ultralight organizations has resulted in an improving safety
record for ultralight vehicle operations. The success of these flight
training programs exemplifies the ability of the aviation industry to
take responsibility for the safety of its flight operations. Therefore,
the FAA concurs with the ARAC recommendation to allow credit of
ultralight flight and training experience.
The FAA-recognized ultralight organizations have established
training programs that today meet most of the training requirements
established for a sport pilot certificate. Any requirements that may
not be met by these programs, such as the cross-country requirements,
must be met by the applicant in addition to the 3 hours in preparation
for the practical test.
Proposed section 95 of SFAR 89 would require you to meet all the
requirements under proposed sections 3, 15, and 51 through 57 of the
SFAR if you don't hold a pilot certificate and have never flown an
ultralight vehicle.
Flight Instructor Certificate With a Sport Pilot Rating
Proposed section 111 of SFAR 89 would apply to you if you are
exercising your privileges of a flight instructor certificate with a
sport pilot rating. If you are acting as pilot in command of a light-
sport aircraft other than a glider or balloon, the FAA would require
you to hold and possess a current and valid U.S. driver's license or a
current and valid airman medical certificate issued under 14 CFR part
67. You would not need to meet this requirement if the other pilot is
acting as pilot in command.
Proposed section 113 of SFAR 89: To apply for a flight instructor
certificate with a sport pilot rating, you would have to receive and
log ground training from an authorized instructor on the aeronautical
knowledge areas applicable to the category or class of light-sport
aircraft in which you want to provide instruction. You also would have
to receive and log ground training on the fundamentals of instructing
unless you are a certified teacher. The aeronautical knowledge
requirements are partly based on existing criteria for part 103 FAA-
recognized training programs and on criteria contained in part 61 for
existing flight instructor certificates. Consistent with all flight
instructor certificates, you would not have to comply with the
fundamentals of instructing requirements if you meet any of the
experience requirements established in proposed section 113(b) of SFAR
89.
Proposed sections 115 and 117 of SFAR 89 would establish the flight
proficiency and aeronautical experience requirements for you to get a
flight instructor certificate with a sport pilot rating. You would have
to receive and log ground and flight training on the areas of operation
applicable to the flight instructor privileges you seek. The flight
proficiency requirements are partly based on existing criteria for part
103 FAA-recognized training programs and on existing criteria contained
in part 61 for existing flight instructor certificates. The FAA also
would establish new flight proficiency requirements for weight-shift-
control aircraft and powered parachutes.
Traditionally, the FAA requires a flight instructor to hold a
commercial pilot certificate and, in some cases, an instrument rating.
The FAA does not think this is necessary for flight instructors with a
sport pilot rating due to the simplicity of the aircraft, the limited
operating environment, and the purposes of the operations (sport and
recreation). However, the FAA believes it is necessary to have a
minimum amount of aeronautical experience to be eligible for a flight
instructor certificate with a sport pilot rating. You would have to
meet a minimum level of aeronautical experience, which would include up
to 150 hours of flight time with variations for the different aircraft
categories. The specific aeronautical experience requirements would be
established in proposed section 117 of the SFAR for each category and/
or class of light-sport aircraft. This would include the aeronautical
experience requirements for weight-shift-control aircraft and powered
parachutes.
Proposed section 119 of SFAR 89 would establish which FAA tests you
would have to take to receive a flight instructor certificate with a
sport pilot rating. You would have to pass the required knowledge test
on the fundamentals of instructing, unless you qualify for credit for
this knowledge under proposed section 113(b) of SFAR 89. In addition,
you would have to pass the required knowledge test on the aeronautical
knowledge areas appropriate to a sport pilot certificate listed in
section 113(c) of SFAR 89 and receive a logbook endorsement from an
authorized instructor certifying that you are prepared to take the
knowledge tests.
You would have to pass the practical test on the areas of operation
that apply to the flight instructor privilege you seek. You would have
to receive a logbook endorsement from an authorized instructor
certifying that you have met the applicable aeronautical knowledge and
experience requirements and are prepared for the required practical
test. You would have to receive the flight training in preparation for
the practical test on the areas of operation that apply to the light-
sport aircraft privilege you seek. An FAA designated pilot examiner or
an FAA aviation safety inspector who is qualified in that category,
class, and make and model of light-sport aircraft would conduct this
practical test. If you pass the practical test, the FAA-designated
pilot examiner or FAA aviation safety inspector would make the
appropriate endorsements showing that you are proficient to provide
training in the category, class, and make and model of light-sport
aircraft in which you passed the practical test.
The FAA would develop Practical Test Standards for each category
and class of aircraft for the flight instructor certificate with a
sport pilot rating. Additionally, the FAA would amend AC No. 61-65,
``Certification: Pilots and Flight and Ground Instructors,'' to address
the new endorsements that

[[Page 5390]]

would be necessary for this new certificate.
If you wish to obtain flight instructor privileges in an airplane,
glider, or weight-shift-control aircraft, you would be required to
obtain training and demonstrate proficiency in stall awareness, spin
entry, spins, and spin recovery procedures in those aircraft. After you
demonstrate instructional proficiency in all those areas, an authorized
instructor would again endorse your logbook, indicating specifically
that you are competent and possess instructional proficiency in those
areas. If you fail to show proficiency in the knowledge or skill of
stall awareness, spin entry, spins, or spin recovery instructional
procedures, an examiner must retest you on all those items in the
appropriate category of aircraft certificated for spins.
Proposed section 121 of SFAR 89 would establish recordkeeping
requirements for flight instructors with a sport pilot rating. You
would have to retain the records required by this section for at least
3 years. You would sign the logbook of each person for whom you
provided flight training or ground training, and would maintain a
record in a logbook or a separate document that contains the
requirements established in this section. These proposals are
consistent with the requirements established for other flight
instructors certificated under part 61.
Proposed section 123 of SFAR 89: After successfully passing the
practical test for the issuance of your flight instructor certificate
with a sport pilot rating, regardless of the particular light-sport
aircraft privilege you sought, your certificate would not include
category and class ratings. You would receive the initial logbook
endorsements, as a sport pilot, for the category, class, and make and
model of light-sport aircraft from the designated pilot examiner or FAA
inspector who conducted the practical test. This is consistent with
proposals for the sport pilot certificate explained in section 59 of
the SFAR above.
Proposed section 125 of SFAR 89 would require you to have the
proper logbook endorsements from an authorized instructor in your
logbook for each additional category and class of light-sport aircraft
in which you would provide training. This is in addition to your
logbook endorsement for each additional make and model of light-sport
aircraft you will provide training in. This is consistent with
proposals for the sport pilot certificate explained in proposed section
61 of SFAR 89 above.
Proposed section 127 of SFAR 89 would establish how you would
obtain privileges to provide flight training for an additional category
or class of light-sport aircraft. You would receive a logbook
endorsement from an authorized instructor certifying your training on
the areas of operation for the additional category or class. Then you
would receive a proficiency check and a logbook endorsement from a
different authorized instructor certifying you are proficient in the
areas of operation for the additional category or class. The FAA is
proposing that your proficiency check be conducted by a second
instructor so you have an independent verification of your abilities.
Proposed section 129 of SFAR 89 would establish how to you would
obtain privileges to provide flight training in an additional make and
model. You would receive a logbook endorsement from the authorized
instructor who conducted your training on the requirements for that
make and model. Your logbook endorsement would certify that you are
proficient to provide flight training in that additional make and
model. You would not need a proficiency check by another flight
instructor.
Proposed section 131 of SFAR 89 would require you to carry a
logbook or documented proof of endorsements on all flights while
exercising the privileges of your flight instructor certificate with a
sport pilot rating.
Proposed section 133 of SFAR 89 would state your authority as a
flight instructor with a sport pilot rating. Within the limitations of
your flight instructor certificate, you could give training and
endorsements for: (1) A student pilot certificate for operating light-
sport aircraft; (2) a sport pilot certificate; (3) a sport pilot
privilege; (4) a flight review; (5) a practical test for a sport pilot;
(6) a knowledge test for a sport pilot; and (7) a proficiency check for
an additional category or class and make and model privilege as
described above.
Proposed section 135 of SFAR 89 proposes that you would be subject
to specific limitations as a flight instructor with a sport pilot
rating. You must have received proper logbook endorsement(s) for your
pilot certificate and flight instructor certificate in the category,
class, and make and model of light-sport aircraft. You would have to
comply with the limitations established in Sec. 61.87(n), limitations
on flight instructors authorizing solo flight; Sec. 61.93(d),
limitations on authorized instructors to permit solo cross-country
flights; Sec. 61.195(a), hours of training; Sec. 61.195(d)(1)-(d)(3),
limitations on endorsements for student pilots; and Sec. 61.195(d)(5),
limitations on endorsements for flight reviews.
You could not provide flight training required for the issuance of
a sport pilot certificate or privilege, or a flight instructor
certificate with a sport pilot rating or privilege, unless you have at
least 5 hours of pilot-in-command time in the specific make and model
of light-sport aircraft in which your training is provided. The FAA
believes it would be in the best interest of safety to require you to
have at least 5 hours of pilot-in-command time in the specific make and
model of light-sport aircraft before you are authorized to provide
flight instruction. This is in addition to the minimum flight
experience required for the issuance of a flight instructor
certificate. A similar requirement exists today in Sec. 61.191(f) for
flight instructors providing training in a multiengine airplane,
helicopter, or powered-lift. Many of these light-sport aircraft have
unique operating characteristics. This proposal would prevent flight
instructors qualified in other aircraft from providing training in
light-sport aircraft without any experience in the specific make and
model of light-sport aircraft. Lack of specific make and model
experience has contributed to a number of ultralight accidents, and the
FAA believes that this proposal would reduce these types of accidents.
You could not provide training for operations in Class B, C, or D
airspace, unless you have the endorsement specified in proposed section
81 of the SFAR or are authorized to conduct operations in this
airspace. Additionally, you couldn't provide training in a light-sport
aircraft with a V_H greater than 87 knots CAS, unless you
have the endorsement specified in proposed section 83 of the SFAR or
are otherwise authorized to operate that aircraft.
Proposed section 137 of SFAR 89 would specify that you would not be
required to meet any additional requirements for training first-time
flight instructor applicants. The FAA may, however, revise these
provisions based upon a review of safety data obtained after the
implementation of this proposal. Instructors who would initially train
first-time flight instructor applicants may not have a level of
experience commensurate to that of instructors who currently train
first-time flight instructor applicants under part 61.
Proposed section 139 of SFAR 89 would establish that flight
instructors with a sport pilot rating would not be allowed to make any
self-endorsement for a certificate, privilege, flight review,
authorization, practical test, knowledge test, or proficiency check
required by

[[Page 5391]]

the SFAR. This is consistent with existing requirements in
Sec. 61.195(i).
Transitioning to a Flight Instructor Certificate With a Sport Pilot
Rating
Proposed section 151 of SFAR 89 would allow you to exercise the
privileges of a flight instructor with a sport pilot rating if you
already hold a current and valid flight instructor certificate issued
under part 61. You would be limited to providing instruction in the
same aircraft category and class listed on your existing pilot
certificate and flight instructor certificate. Additionally, you would
have to receive training on any specific make and model of light-sport
aircraft in which you have not acted as pilot-in-command. You would
need a logbook endorsement from the authorized instructor who conducted
your training certifying proficiency in that make and model of light-
sport aircraft. You also would have to comply with the requirement in
proposed section 135 of SFAR 89, which would require at least 5 hours
of pilot-in-command time in the specific make and model light-sport
aircraft before you could provide instruction in that aircraft.
If you want to provide training in additional categories, classes,
or makes and models of light-sport aircraft, you would have to obtain
the proper logbook endorsement(s), as proposed in sections 127 and 129
of the SFAR.
Proposed section 153 of SFAR 89 would allow you to apply for a
flight instructor certificate with a sport pilot rating if you are an
ultralight flight instructor. You must be registered with an FAA-
recognized ultralight organization not later than 36 months after the
effective date of the rule, and hold either a current and valid sport
pilot certificate, or a current and valid private pilot certificate
issued under part 61.
You would have to comply with proposed sections 3 and 111 of SFAR
89, which would establish the minimum age, language, and medical
requirements. You would not need to meet the experience requirements in
sections 115 and 117 of the SFAR, establishing the aeronautical
knowledge, flight proficiency, and aeronautical experience, except that
you would have to have at least the minimum total pilot flight time in
the category and class of light-sport aircraft specified in proposed
section 117 of SFAR 89.
You would not need to meet the pilot-in-command, time in aircraft
category, or cross-country pilot flight time requirements specified in
proposed section 117 of SFAR 89. You would be allowed to credit flight
time as the operator of an ultralight vehicle in accordance with the
logging of flight and ground time requirements in section 177 of SFAR
89.
You would not need to meet the aeronautical knowledge requirement
specified in section 113 of SFAR 89 if you passed the Fundamentals of
Instruction knowledge test given by the FAA or an FAA-recognized
ultralight organization.
The FAA believes that if you are a flight instructor with an FAA-
recognized ultralight organization, you would have a level of
experience equivalent to that required by sections 113-117 of the SFAR.
You would not need a separate logbook endorsement from an authorized
instructor recommending you for the practical test.
The proposal would require you to obtain a notarized copy of your
ultralight flight instructor records from your FAA-recognized
ultralight organization. Those records must document that you are a
registered ultralight flight instructor with that FAA-recognized
ultralight organization and must list each category and class of
ultralight vehicle in which the organization recognizes you are
qualified to operate and authorized to provide flight training. You
would be required to pass the knowledge test on the aeronautical
knowledge areas specified in proposed section 113 of SFAR 89 and the
practical test on the areas of operation listed in proposed section 115
of SFAR 89.
The proposal would require you to present these records, as well as
the results from your knowledge test, to a designated pilot examiner or
FAA inspector when you apply for a flight instructor certificate with a
sport pilot rating. After you pass the practical test, the examiner or
inspector would review your records and endorse your logbook for each
category and class of ultralight vehicle in which you are qualified and
authorized to provide flight training.
This proposal would establish a transition phase to ensure that
ultralight flight instructors have ample time to obtain both their
sport pilot and flight instructor certificates with a sport pilot
rating. Also, this would allow the FAA-recognized ultralight
organizations to continue to instruct under the existing exemptions.
During this 36-month transition phase, an ultralight flight instructor
could continue to instruct in a two-place vehicle under an existing
exemption. This same flight instructor could also hold a flight
instructor certificate with a sport pilot rating and be authorized to
instruct a sport pilot, a student pilot operating light-sport aircraft,
or a flight instructor with a sport pilot rating.
At the end of the 36 months, the existing training exemptions would
expire and would not be renewed. At that point, all two-place training
vehicles that meet the definition of a light-sport aircraft would be
required to be certificated as light-sport aircraft and there would no
longer be a need for these exemptions. Any flight training in a light-
sport aircraft would be required to be conducted by a certificated
flight instructor. The FAA recognizes that persons who wish to operate
ultralight vehicles under part 103 would still need to receive training
to safely operate a single-place vehicle. Under this proposal, a
certificated flight instructor with a sport pilot rating could train an
ultralight pilot to fly a single-place ultralight under part 103.
Proposed section 155 of SFAR 89 proposes that, if you have never
provided flight or ground training in an aircraft or an ultralight
vehicle, you would have to meet all the requirements in sections 3 and
111-117 of the SFAR to apply for a flight instructor certificate with a
sport pilot rating.
Pilot Logbooks
Proposed section 171 of SFAR 89 would require you, as the holder of
a sport pilot certificate or a flight instructor certificate with a
sport pilot rating, to document and record training time and
aeronautical experience. You would be allowed to credit ground and
flight time earned as a sport pilot toward a higher certificate under
Sec. 61.51.
Proposed section 173 of SFAR 89 would allow you, as the holder of a
sport pilot certificate, to log flight time as pilot in command only
when you are the sole manipulator of the controls of an aircraft for
which you have privileges. This includes any time during which you are
the sole occupant of the aircraft. This is equivalent to the provisions
in Sec. 61.51(e) for the logging of pilot-in-command time for all other
certificates.
Proposed section 175 of SFAR 89 would allow you to credit training
time and aeronautical experience documented as a sport pilot toward the
requirements for a higher certificate or rating.
Proposed section 177 of SFAR 89 would allow you to credit training
time and aeronautical experience as the operator of an ultralight
vehicle toward the experience requirements for a sport pilot
certificate. Your ultralight training time and aeronautical experience
would have to be documented as specified by an FAA-recognized
ultralight

[[Page 5392]]

organization with which you are a registered ultralight pilot. You
would be allowed to credit only the training time and aeronautical
experience logged in the same category and class of ultralight vehicle
as the category and class of light-sport aircraft for which privileges
you seek.
Proposed section 179 of SFAR 89 would prohibit you from crediting
aeronautical experience obtained as the operator of an ultralight
vehicle to meet the requirements for a higher level certificate or
rating specified in Sec. 61.5 if you have a sport pilot certificate.
However, you would be allowed to credit time used to meet the
requirements for the issuance of a sport pilot certificate under the
SFAR (i.e., a maximum of 20 hours) for the issuance of a higher level
certificate. The FAA does not generally permit aeronautical experience
obtained in a noncertificated aircraft to be used to meet the
requirements for the issuance of a certificate under part 61; however,
the FAA has proposed this limited exception to this policy to
facilitate the issuance of airman certificates to sport pilots who have
obtained their aeronautical experience in ultralight vehicles.
Recent Flight Experience Requirements for a Sport Pilot Certificate or
a Flight Instructor Certificate With a Sport Pilot Rating
Proposed section 191 of SFAR 89 would require a sport pilot to
comply with the recent flight experience requirements under Sec. 61.57,
which is applicable to all other pilots. The FAA thinks that the recent
flight experience requirements for persons acting as pilot in command
are minimum standards that should apply to all certificated pilots. We
do not find any benefit to making this requirement less restrictive.
Proposed section 193 of SFAR 89 would require a sport pilot to
comply with the flight review requirements under Sec. 61.56, which is
applicable to all other pilots. As with proposed section 191 of SFAR
89, the FAA thinks that the flight review requirements for persons
acting as pilot in command are minimum standards that should apply to
all certificated pilots, and we do not find any benefit to making this
requirement less restrictive.
Proposed section 195 of SFAR 89 would specify that to renew your
flight instructor certificate, you would have to comply with the
requirements in Sec. 61.197, which is consistent with the requirement
for all other flight instructors.
Proposed section 197 of SFAR 89 would specify that, if your flight
instructor certificate with a sport pilot rating expires, you may
exchange that certificate for a new certificate by passing a practical
test as prescribed in section 119 of SFAR 89. Any privilege authorized
by the expired certificate would be reinstated. This proposal is
consistent with the requirement for all other flight instructors.
Ground Instructors
Proposed section 211 of SFAR 89 would specify that a ground
instructor would continue to be required to meet only the eligibility
requirements established in Sec. 61.213 for a ground instructor
certificate or rating.
Proposed section 213 of SFAR 89 would specify that if you hold the
privileges of a ground instructor certificate with a basic ground
instructor rating under Sec. 61.215(a), you would remain authorized to
provide the training and recommendations specified in that paragraph.
To accommodate the proposed sport pilot certificate, this paragraph
also would permit you to provide: (1) Ground training in the
aeronautical knowledge areas required for the issuance of a sport pilot
certificate or privileges; (2) ground training required for a sport
pilot flight review; and (3) a recommendation for a knowledge test
required for the issuance of a sport pilot certificate.
Proposed section 215 of SFAR 89 would specify that if you hold the
privileges of an advanced ground instructor rating under
Sec. 61.215(b), you would continue to be authorized to provide the
training and recommendations specified in that paragraph. The
privileges specified by that section permit an advanced ground
instructor to provide: (1) Ground training in the aeronautical
knowledge areas required for the issuance of any certificate or
privileges under the SFAR, (2) ground training required for a sport
pilot flight review, and (3) a recommendation for a knowledge test
required for the issuance of any certificate under the SFAR.
The following discussion of the changes to 14 CFR part 61 address
amendments to current sections and would not be included in SFAR 89.
Proposed section 61.1 would be amended to permit an authorized
instructor to provide ground or flight training under the proposed
SFAR. It also would be modified to revise the definition of cross-
country time to accommodate the certification of persons seeking a
sport pilot certificate with powered parachute privileges, or private
pilot certificate with a powered parachute rating. For these
certificates, the FAA would consider cross-country time as time
acquired during a flight that includes a point of landing at least a
straight-line distance of 15 nm from the original point of departure.
This revision reflects the slow operating speed of powered parachutes.
Proposed section 61.5 would add a sport pilot certificate, and a
flight instructor certificate with a sport pilot rating, to the list of
certificates and ratings issued under this part. It also would add
ratings for the powered parachute aircraft category, weight-shift-
control aircraft category, and weight-shift-control aircraft class
ratings for land and sea.
Proposed section 61.31 would be amended by revising the exceptions
to that section. Currently, paragraph (k)(2) lists those persons to
whom the rating limitations of this section do not apply. Paragraph
(k)(2)(iii) states that the rating limitations do not apply to the
holder of a pilot certificate when operating an aircraft under the
authority of an experimental or provisional aircraft type certificate.
Therefore, the rating limitations in this section currently do not
apply to pilots when operating aircraft with experimental or
provisional aircraft type certificates even if they carry passengers.
The proposal would revise this provision to state that the rating
limitations of this section would apply for flight operations involving
the carriage of passengers in these aircraft. In this case, pilots
would need to hold an appropriate category and class rating to operate
the aircraft when carrying passengers. The FAA notes the logbook
endorsements that provide sport pilots with additional category and
class privileges do not constitute category and class ratings under
part 61. These aircraft have varying performance characteristics,
operational profiles, and diverse control and flight features. In
addition, the pilots who would be flying these aircraft will have
varying levels of experience. Therefore, in the interest of safety and
to protect the public, the FAA is proposing to change Sec. 61.31(k).
Certificated pilots who operate experimental aircraft would be required
to hold an appropriate category and class rating if they wish to carry
passengers.
Proposed section 61.99 would be revised to correct the introductory
language of the section. The proposal would delete the word
``training'' from the phrase ``flight training time.'' This revision
would make this section consistent with those sections that establish
aeronautical experience requirements for other certificates issued
under this part.

[[Page 5393]]

Proposed section 61.101 would be revised by adding the phrase
``current and valid'' before the term ``recreational pilot
certificate.'' The proposal also would add a new paragraph (d), which
would permit you to operate in Class B, C, or D airspace if you hold a
current and valid recreational pilot certificate. You would have to
receive and log ground and flight training from an authorized
instructor on the aeronautical knowledge and areas of operation
appropriate to the aircraft rating you hold and operation in that
airspace. Secondly, you would have to be found proficient on these
ground and flight training requirements. And thirdly, you would have to
receive a logbook endorsement from an authorized instructor certifying
that you have received training on these ground and flight training
requirements and been found proficient.
The FAA also is proposing to allow recreational pilots to operate
on a flight outside the United States only with prior authorization
from the country in which the operation would be conducted. This
proposal is consistent with a similar proposal for the sport pilot
certificate.
Proposed section 61.107 would be revised to include new flight
proficiency requirements for a person obtaining a private pilot
certificate with a powered parachute rating or a weight-shift-control
aircraft rating.
Proposed section 61.109 would include new aeronautical experience
requirements for a private pilot obtaining a powered parachute rating
or a weight-shift-control aircraft rating. Consistent with ICAO
requirements for a private pilot certificate and all other private
pilot requirements under part 61, the minimum flight time proposed for
the issuance of the certificate with either rating would be 40 hours.
The 40 hours would include 20 hours of flight training from an
authorized instructor and 10 hours of solo flight training in specified
areas of operation. These areas of operation would address night
training, cross country training, and operations at airports with
operating control towers.
Proposed section 61.195 would establish the qualifications for a
flight instructor who provides training for the issuance of a private
pilot certificate with a weight-shift-control aircraft or powered
parachute rating. You would have to hold at least a flight instructor
certificate with a sport pilot rating and at least a private pilot
certificate with a category and class rating appropriate to the
aircraft in which the training is sought. Unlike the private pilot
certificate, commercial pilot certificates would not have powered
parachute or weight-shift-control aircraft ratings. Therefore, the FAA
would not require a flight instructor conducting flight training in
those aircraft to hold a commercial pilot certificate. Similarly,
because instrument ratings would not be issued for the operation of
these aircraft, the FAA would not require a flight instructor
conducting flight training in these aircraft to also hold an instrument
rating.

F. What Are the Proposed Changes to 14 CFR Part 65?

Under this proposal, the FAA would establish the repairman
certificate (light-sport aircraft). That certificate would be issued
with inspection and maintenance ratings. The purpose of this new
certificate is to permit persons, in addition to appropriately rated
mechanics and repair stations, to perform maintenance on light-sport
aircraft that have special airworthiness certificates. The FAA
envisions that this new certificate would facilitate the maintenance of
these aircraft by their owners and operators.
Proposed section 65.101 would be revised to indicate that its
requirements would not apply to the repairman certificates established
by this proposal.
Proposed section 65.107 would set forth the eligibility
requirements, privileges, and limitations if you want to obtain a
repairman certificate (light-sport aircraft). This proposal would
require you to be at least 18 years of age, which would be identical to
the requirements for all current repairman certificates. The proposal
would require you to read, speak, write, and understand the English
language. This is identical to the requirement for current repairmen
who are not employed outside the United States. The proposal also
includes provisions for the FAA to place limitations on the certificate
if you are unable to meet any of the English language eligibility
requirements for medical reasons. This provision is similar to those in
the eligibility requirements for pilot certificates issued under part
61. The proposal would require you to meet citizenship or residency
requirements identical to those for repairman certificates issued to
experimental aircraft builders under Sec. 65.104. The proposal also
would require you to demonstrate the requisite skill to determine
whether a light-sport aircraft is in a condition for safe operation.
The proposal also would establish additional eligibility
requirements if you want to obtain a repairman certificate (light-sport
aircraft) with an inspection rating or with a maintenance rating. For
either rating, you would have to meet the general eligibility
requirements described above. For an inspection rating, you would be
required to complete a 16-hour training course acceptable to the FAA on
the inspection requirements for the particular make and model of light-
sport aircraft certificated under Sec. 21.191(i) for which you seek an
inspection rating. For a maintenance rating, you would be required to
complete an 80-hour course applicable to the particular category of
light-sport aircraft for which you intend to exercise privileges.
The proposal also would specify the privileges of the certificate
and ratings. If you have an inspection rating, you would be permitted
to perform a condition inspection on a light-sport aircraft with an
experimental certificate that you own. If you have a maintenance
rating, you would be permitted to perform maintenance on a light-sport
aircraft that has a special airworthiness certificate issued under
proposed Sec. 21.186 or 21.191(i). Because the definition of
maintenance includes inspections, your maintenance rating would allow
you to perform any required inspection of a light-sport aircraft with a
special airworthiness certificate issued under proposed Sec. 21.186 or
21.191(i). You would be required to have completed training on the same
category of light-sport aircraft on which you will perform maintenance.
Additionally, to perform a major repair on a light-sport aircraft, you
would be required to complete acceptable training appropriate to the
repair performed.
The proposed paragraph would also note that the privileges and
limitations in Sec. 65.103 for a repairman certificate issued under
Sec. 65.101 would not apply to a repairman certificate (light-sport
aircraft) while exercising the privileges of that certificate.

G. What Are the Proposed Changes to 14 CFR Part 91?

The majority of the proposed amendments to part 91 would facilitate
the integration of powered parachutes and weight-shift-control aircraft
into the general operating rules.
Proposed section 91.1 would be revised to include current section
91.325 and proposed Sec. 91.327 in the list of rules that a person
would be required to comply with while operating an aircraft in the
airspace overlying the waters between 3 and 12 nm from the coast of the
United States.
Proposed section 91.113 would be amended to address the addition of
the two new categories of aircraft and the effect they would have on
converging

[[Page 5394]]

aircraft. The proposal would give gliders and airships the right of way
over weight-shift-control aircraft and powered parachutes. Balloons
would continue to have right of way over any other category of
aircraft.
Proposed section 91.126 would be amended to include powered
parachutes, so that they also would have to avoid the flow of fixed-
wing aircraft when approaching to land at an airport without an
operating control tower in Class G airspace. The FAA is proposing this
revision because powered parachute operating characteristics are
similar to those of helicopters when operating in airport traffic
patterns. The FAA would establish new procedures in the Aeronautical
Information Manual to address traffic pattern procedures for powered
parachutes.
Proposed section 91.131 would be amended to permit a sport pilot
who has received the training and endorsement required by section 4 of
SFAR 89 to operate within Class B airspace or takeoff or land at an
airport within Class B airspace. The current rule would permit
operations by student pilots operating light-sport aircraft provided
the required training and endorsements were received.
Proposed section 91.155 would be amended by revising paragraph (b)
to include the two new categories of aircraft that would be permitted
to operate in Class G airspace. At night, powered parachutes and
weight-shift-control aircraft could be operated when the visibility is
between 1 and 3 statute miles. They would have to remain clear of
clouds if operated in an airport traffic pattern within one-half mile
of the runway. These provisions currently apply only to airplanes.
Although they have different control characteristics, the FAA has
determined that weight-shift-control aircraft and airplanes should be
permitted to operate similarly in the NAS. Powered parachutes are
similar in many ways to helicopters, but do not have the capability to
hover or back up, which affords helicopters more maneuverability.
Therefore, the FAA is proposing that powered parachutes may be operated
in an airport traffic pattern; however, to remain in compliance with
Sec. 91.126, they must avoid the flow of fixed-wing aircraft similar to
helicopter operations.
Proposed section 91.213 would be amended to allow for any light-
sport aircraft to operate with inoperative equipment unless a master
Minimum Equipment List has been developed for the aircraft. Currently,
rotorcraft, non turbine-powered airplanes, gliders, and lighter-than-
air aircraft are also afforded a similar privilege.
Proposed section 91.319 would establish procedures used by the FAA
to permit operators of experimental aircraft to receive compensation
while conducting flight training, which would include testing and
evaluation. The current rule prohibits the operation of an aircraft
with an experimental category airworthiness certificate for other than
the purpose for which the aircraft was certificated or for the carriage
of persons or property for compensation or hire.
To permit the operation of these experimental aircraft for
compensation or hire while conducting initial flight training, the FAA
would revise paragraph (a)(2) of this section. Proposed
Sec. 21.191(i)(1) would permit aircraft certificated under that
paragraph to be operated for compensation or hire for flight training
only for 36 months after the effective date of the rule. After that 36-
month period, these aircraft would be allowed to continue to be used
for flight training; however, the aircraft could not be operated for
compensation or hire while training is being conducted.
To permit the operation of experimental aircraft (certificated
under proposed Sec. 21.191) for compensation or hire for the sole
purpose of flight training, the FAA is proposing to allow owners of
experimental aircraft to apply for a Letter of Deviation Authority
issued by the FAA. A deviation authority request should be forwarded to
the General Aviation and Commercial Division, AFS-800, for review and
issuance. The request would contain a statement of the proposed
operation and justification for the deviation.
If an operator is granted deviation authority, the operator may be
authorized to provide flight training in experimental aircraft and
receive compensation for the use of the aircraft. This provision would
not be intended to allow commercial operators to establish training
schools using experimental aircraft. In the interest of safety, and as
a result of recommendations from the National Transportation Safety
Board, the FAA has determined that allowing flight training in
experimental aircraft when the aircraft is operated for compensation or
hire under certain circumstances is in the public interest.
Proposed section 91.327 would establish operating limitations of an
aircraft having a light-sport category airworthiness certificate issued
under proposed Sec. 21.186. Such aircraft could be used for sport and
recreation, flight training, and rental as long as the owner adheres to
all conditions and provisions for maintenance and alteration, as
stipulated in the operating limitations. The aircraft must be purchased
from a manufacturer that has completed a production and reliability
test program to a consensus standard. These limitations would prohibit
a person from operating these aircraft for other than the purpose for
which it was certificated, or while carrying persons or property for
compensation or hire, except while conducting flight training or
renting the aircraft.
Special airworthiness certificates commonly include various
additional operating limitations allowing or prohibiting specific
operations. Operating limitations applicable to light-sport category
aircraft also may restrict certain operations or prohibit aerobatic
maneuvers. The proposal also would state that the FAA may prescribe
additional limitations necessary for operation of the aircraft.
The aircraft must also be maintained in accordance with the
manufacturer's maintenance and inspection procedures and have a
condition inspection performed once every 12 calendar months, and its
owner or operator must comply with a program for monitoring safety-of-
flight issues for the aircraft. Additionally, the proposal would
require an aircraft used for flight instruction to have a condition
inspection performed within the preceding 100 hours of aircraft time in
service. This provision is similar to that contained in Sec. 91.409 for
other aircraft. The maintenance and inspection procedures required by
the operating limitations would meet the scope and detail of Appendix A
to 14 CFR part 43. And consistent with part 43, a certificated pilot
could perform preventive maintenance on these aircraft.
Proposed section 91.409 would be amended to extend to experimental
light-sport aircraft the relief from inspection requirements that
already apply to all other aircraft with a current experimental
certificate. The FAA notes however, that these aircraft would still be
required to meet the maintenance requirements of their operating
limitations.

VII. Paperwork Reduction Act

This proposal contains the following new information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the Department of Transportation has submitted the
information requirements associated with this proposal to the Office of
Management and Budget for its review.
Title: Certification of Aircraft and Airmen for the Operation of
Light-Sport Aircraft.

[[Page 5395]]

Summary: This proposal would establish requirements for the
certification, operation, and maintenance of light-sport aircraft. For
the operation of light-sport aircraft, the FAA is proposing to
establish a sport pilot certificate and a flight instructor certificate
with a sport pilot rating. The FAA also is proposing to establish
requirements for student pilots and private pilots to operate these
aircraft, and to revise the recreational pilot certificate to align it
with privileges proposed for the new sport pilot certificate. The FAA
proposes a new repairman certificate with ratings for individuals who
would inspect and maintain light-sport aircraft.
In addition, the FAA is proposing a new category of special
airworthiness certificate for light-sport aircraft that meet a
consensus standard. This proposal also would revise the requirements
for the issuance of experimental certificates to include light-sport
aircraft.
This proposal would generate a need for new designated pilot
examiners and designated airworthiness representatives to support the
certification of these new aircraft, pilots, flight instructors, and
ground instructors.
Respondents: The likely respondents to this proposed information
requirement are designated pilot examiners; airman certification
representatives; designated airworthiness representatives authorized by
14 CFR part 183; pilots, flight instructors, ground instructors
authorized by 14 CFR part 61; operators, owners, and manufacturers of
light-sport aircraft authorized by 14 CFR parts 21 and 45; and
repairman authorized by 14 CFR part 65 who would be responsible for
maintaining light-sport aircraft.
Frequency: The FAA estimates the number of respondents impacted by
this proposal and the annual frequency of information requirements to
be as established in the table below.

------------------------------------------------------------------------
Frequency
(avg.
Respondents yearly
total)
------------------------------------------------------------------------
14 CFR part 65--No. of Repairmen:
Inspection Rating...................................... 1,725
Maintenance Rating..................................... 182
------------
Total............................................ 1,907
14 CFR part 61--No. of Sport Pilots, Flight Instructors w/
sport pilot rating, and Ground Instructors:
Pilots................................................. 1,714
Flight Instructors..................................... 192
Ground Instructors..................................... 50
------------
Total............................................ 1,956
14 CFR part 183--No. of Designated Pilot Examiners (DPE)
and Airman Certification Representatives (ACR):
DPE's.................................................. 300
ACR's.................................................. 5
------------
Total............................................ 305
14 CFR part 183--No. of Designated Airworthiness Rep's
(DAR's):
DAR from the FAA Aircraft Certification Office (AIR)... 100
DAR from the FAA Flight Standards Office (AFS)......... 200
------------
Total............................................ 300
14 CFR parts 45 and 21--No. of Aircraft:
Existing Aircraft (Sec. 21.191(i)).................... 1,725
New Aircraft (Sec. 21.186)............................ 182
------------
Total............................................ 1,907
------------------------------------------------------------------------

Annual Burden Estimate: This proposal would result in an annual
recordkeeping and reporting burden as follows:

14 CFR Part 21

Responses--1,907
Burden hours (Public)--2,725 hours
Burden hours (Government)--2,725 hours
Annual cost to respondents--$1,427, 500
Annual cost to government--$40, 875

14 CFR Part 47

Responses--4,580
Burden hours (Public)--2,530 hours
Burden hours (Government)--2,846 hours
Annual cost to respondents--$28, 463
Annual cost to government--$25, 656

14 CFR Part 61

Responses--2,150
Burden hours (Public)--3,476 hours
Burden hours (Government)--107 hours
Annual cost to respondents--$25, 800
Annual cost to government--$23, 650

14 CFR Part 183

Responses--605
Burden hours (Public)--1,007.5 hours
Burden hours (Government)--1,027
Annual cost to respondents--$26, 195
Annual cost to government--$29, 315

14 CFR Part 65

Responses--1,907
Burden hours (Public)--698 hours
Burden hours (Government)--630 hours
Annual cost to respondents--$10, 069
Annual cost to government--$19, 192

Total Impact of the Proposal

Responses--11,149
Burden hours (Public)--10,436.5 hours
Burden hours (Government)--7,335 hours
Annual cost to respondents--$1,518,027
Annual cost to government--$ 138,688
The agency is soliciting comments to--
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Individuals and organizations may submit comments on the
information collection requirement by April 8, 2002, and should direct
them to the address listed in the ADDRESSES section of this document.
According to the regulations implementing the Paperwork Reduction
Act of 1995, (5 CFR 1320.8(b)(2)(vi)), an agency may not conduct or
sponsor, a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.
The OMB control number for this information collection will be
published in the Federal Register, after the Office of Management and
Budget approves it.

VIII. International Compatibility

In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. Under this
proposal, the FAA would issue student pilot certificates for operating
light-sport aircraft, sport pilot certificates, and airworthiness
certificates, which would not be issued pursuant to the requirements of
the Convention on International Civil Aviation, dated December 7, 1944.

IX. Regulatory Evaluation Summary--Executive Order 12866 and DOT
Regulatory Policies and Procedures

A. Economic Evaluation

Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs each Federal
agency proposing or adopting a regulation to first make a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory

[[Page 5396]]

Flexibility Act of 1980 requires agencies to analyze the economic
impact of regulatory changes on small entities. Third, the Trade
Agreements Act prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, this act requires agencies to consider
international standards, and use them where appropriate as the basis of
U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
requires agencies to prepare a written assessment of the costs and
benefits and other effects of proposed and final rules. An assessment
must be prepared only for rules that impose a Federal mandate on State,
local or tribal governments, or on the private sector, likely to result
in a total expenditure of $100 million or more in any one year
(adjusted for inflation.)
In conducting these analyses, the FAA has determined that this
proposed rule has benefits that justify its costs; is ``significant,''
as defined in regulatory policies and procedures of the Department of
Transportation (44 FR 11034; February 26, 1979); and is a ``significant
regulatory action,'' as defined in section 3(f) of Executive Order
12866. This proposed rule is a significant action because of public
interest rather than on the basis of economic impacts. It is subject to
review by the Office of Management and Budget. This proposed rule is
not expected to have a significant impact on a substantial number of
small entities, nor to present a significant impediment to
international trade. It would not impose an unfunded mandate on State,
local, or tribal governments, or on the private sector. These analyses,
available in the docket, are summarized below.
Analysis of Costs
The proposal would impose an estimated compliance cost of $40.4
million ($34.0 million, discounted) in 1999 dollars over the next 10
years (2002-2011), as the result of the new certification standards.
The cost estimate is based on three components. Each of these cost
components is discussed below.

Light-Sport Aircraft Airworthiness Certification Costs

This section of the proposal would amend 14 CFR part 21 by
providing for the issuance of special light-sport aircraft and
experimental light-sport aircraft airworthiness certificates.
Specifically, existing light-sport aircraft would obtain experimental
light-sport airworthiness certificates and newly manufactured light-
sport aircraft would obtain special light-sport airworthiness
certificates. All newly manufactured light-sport kit-built aircraft
would obtain experimental light-sport airworthiness certificates. The
special and experimental light-sport aircraft certificates would be
issued for the purposes of: (1) Enhancing aviation safety by ensuring
that all light-sport aircraft operating in the future meet an
acceptable standard, (2) facilitating sport and recreation operations,
and (3) enhancing flight training and rental activities (excluding
experimental light-sport aircraft). This section of the proposal would
impose an estimated one-time compliance cost of $13.9 million ($11.8
million, discounted), in 1999 dollars over the next 10 years.

Annual Condition Inspection and Repairman Certification Costs

This section of the proposal would amend 14 CFR part 91 by
requiring that operators of light-sport aircraft have their aircraft
inspected for maintenance compliance annually (commonly referred to in
this evaluation as ``annual condition inspections''). A new repairman
certificate would be established with ratings for individuals who would
inspect and maintain light-sport aircraft. The cost of compliance
associated with meeting this annual condition inspection requirement
and the cost to obtain a repairman certificate are estimated to be
$16.7 million ($14.4 million, discounted), in 1999 dollars over the
next 10 years.

Sport Pilot Certificate and Flight Instructor Certification (With a
Sport Pilot Rating) Costs

This section of the proposal would amend 14 CFR part 61 by
requiring that operators of light-sport aircraft obtain at least a
sport pilot certificate and by requiring that operators who instruct
sport pilots obtain a flight instructor certificate with a sport pilot
rating. The proposed rule would impose an estimated compliance cost of
$9.8 million ($7.8 million, discounted) over the next 10 years.
Analysis of Benefits
The estimated benefits of avoiding the accidents involving light-
sport aircraft are $221.4 million ($153.3 million, discounted). The
estimated benefits are based only on the avoidance of fatalities in
these accidents. Injuries and property loss were not included in this
analysis due to lack of information. The FAA believes that the benefits
from avoided injuries and property are small in comparison to the
benefits of avoided fatalities. According to FAA and Aviation
Rulemaking Advisory Committee (ARAC) technical personnel, the benefits
of avoiding the fatalities due to these accidents would be achieved, in
part, by requiring airworthiness certificates for light-sport aircraft,
and pilot certificates (sport pilot and flight instructor with a sport
pilot rating) for those who wish to fly light-sport aircraft.
The monetary estimate of $221.4 million ($153.3 million,
discounted) for potential safety benefits is based on accident
information obtained from several sources. One major accident data
source was the National Transportation Safety Board (NTSB) database on
aviation accidents. However, the NTSB focuses primarily on aircraft and
generally does not collect accident data or investigate accidents
involving fat ultralight vehicles because they are non-registered
aircraft. For this reason, accident data were obtained from additional
sources. The additional accident data sources include the three
organizations that conduct training in two-place fat ultralights under
an exemption from part 103. The FAA sometimes requires exemption
holders to collect specific data while operating under an exemption.
The FAA may decide that it should initiate rulemaking to address
provisions under an exemption. If so, this data may be used to justify
and support such an action. The FAA began gathering data on part 103
training accidents and incidents in 1995 when it issued the first
exemption from part 103 for training. The three training exemption
holders are Aero Sport Connection (ASC), Experimental Aircraft
Association (EAA), and the U.S. Ultralight Association (USUA). The part
103 training exemption requires the three exemption holders to report
to the FAA accidents that involve vehicles operated under that
exemption.
A review of the information from all these data sources revealed
that there were 41 fatal accidents between 1995 and 2001 that involved
fat ultralight vehicles and light aircraft. (The FAA verified that data
from the three exemption holders were not counted more than once.)
These accidents were determined to be relevant based on conversations
with several industry representatives, and the relevancy determination
focused on two essential factors. First, only those aircraft that fall
within the proposed definition of light-sport aircraft were considered.
Second, only those accidents that either could have been prevented or
whose likelihood of occurrence could have been significantly reduced
were considered. For example, in instances where enhanced training and/
or required safety standards could have

[[Page 5397]]

reduced accidents, these types of accidents were considered relevant.
A review of the 1995-2001 data showed that there were 51 fatalities
in accidents involving aircraft that would be defined by this rule as
light-sport aircraft. During that 6-year period there were roughly 8 or
9 fatalities a year. At that rate, there would be 83 fatalities during
the next 10 years.
In this analysis, the FAA estimates that a total of 82 fatalities
could potentially be avoided by adopting the proposed rule. The FAA
assumed that there could only be five fatalities potentially avoided
during the first year because not all light-sport aircraft operators
could comply with all of the proposed requirements during the first
year after the proposed rule was issued. If the value of a fatality
avoided is $2.7 million, then the 10-year potential benefit of the
proposed rule would be $221.4 million ($153.3 million, discounted).
The assessment of potential safety benefits is subject to the
following uncertainties:
Accuracy as to the actual number light-sport aircraft
accidents contained in the NTSB's historical record for primarily U.S.-
registered aircraft. There is uncertainty as to what extent the NTSB's
database has fully captured those accidents involving unregistered
light-sport aircraft over the past 10 years.
Accuracy as to the actual number of light-sport aircraft
accidents contained in the historical records of the three
organizations that hold a training exemption to train in two-place fat
ultralights. There is uncertainty as to what extent these exemption
holders' databases have fully captured those accidents for unregistered
light-sport aircraft over the past 10 years.
Because the accident databases listed above may not capture all
relevant accidents, the potential safety benefits estimate for light-
sport aircraft may be understated. In view of the uncertainties, the
FAA solicits comments from the general aviation community and the
recreational light-sport aircraft industry in particular. All
commenters are asked to provide documented information in support of
their comments.
In addition to safety benefits, there would be a benefit gained
from ``consumer surplus,'' which is derived from the recreational value
gained from operating light-sport aircraft. If the derived (net)
recreational value is $25 per recreational day and a sport pilot
conducted 20 days of recreational flying annually, a sport pilot would
obtain $500 in net annual recreational benefits. The FAA estimates that
9,000 pilots will seek a sport pilot certificate, providing an
additional estimated benefit of recreational value gained of $4.5
million annually. The FAA solicits comments regarding the recreational
values established from the general aviation community and the
recreational light-sport aircraft industry in particular.
Benefit-Cost Comparison
The proposed rule costs much less than the estimated potential
benefits. The estimated cost of the proposed rule is $40.4 million
($34.0 million, discounted). The estimated potential benefits of
avoiding 82 fatalities are $221.4 million ($153.3 million, discounted).
The estimated benefits are based only on the avoidance of fatalities in
these accidents. The FAA believes that some of the identified benefits
may not be achieved. However, if the proposed rule is 23 percent
effective, or more, then the rule would be cost-beneficial.

Analysis of Alternatives

Status Quo Alternative
When analyzing alternatives to any proposed regulatory action, the
status quo is typically analyzed with other alternatives. However, this
is not the case for this evaluation. The status quo represents a
situation in which the FAA would issue training exemptions from part
103 indefinitely. This would perpetuate ``rulemaking by exemption,''
which does not qualify as a viable alternative. The FAA issued
exemptions for flight training in 1995 after the initiation of this
rulemaking project. The FAA issued the exemptions under the assumption
that they would soon be superceded by rulemaking.
Alternative One--Strictly Enforce Current Regulations
Under this option, the FAA would rescind the three existing
exemptions from part 103 that allow training in two-place fat
ultralight vehicles. Rescinding the existing exemption would be
necessary because it is DOT and FAA policy to issue exemptions only to
those with unique situations, usually for a limited time. The FAA does
not intend to issue exemptions to address situations of a general
nature. In that case, the FAA initiates rulemaking.
Anyone who wanted to learn to fly an ultralight could not receive
any flight training in a two-place fat ultralight before soloing
because those ultralights do not meet part 103. Future two-place fat
ultralights would have to be certificated in the primary or standard
category to be used for flight training. The design standards for these
airworthiness certificates may not be appropriate for many of the fat
ultralights in the ultralight community.
Some existing or new fat ultralights would be eligible for an
experimental airworthiness certificate. In this case, the operator of
the aircraft would be responsible for building a majority of the
aircraft and these aircraft would not be eligible for flight training.
Costs
1. Significant costs for private pilot certificates and flight
instructor certificates for existing fat ultralights. The FAA estimates
the cost to operators of existing fat ultralights to obtain a private
pilot certificate and flight instructor certificate to be $45.9 million
($40.9 million, discounted) over 10 years.
2. Significant costs for private pilot certificates and flight
instructor certificates for future fat ultralights. Under this
alternative, the costs of obtaining a pilot certificate or an
instructor certificate would be much higher than under the proposed
rule. The FAA believes that if this alternative is adopted, the number
of new pilots would be much less than would be the case with the
proposed rule. The FAA estimates the cost to operators of future fat
ultralights to obtain private pilot certificates and flight instructor
certificates to be $33.4 million ($27.0 million, discounted) over 10
years.
3. Significant aircraft certification costs to manufacturers.
Aircraft manufacturers can expect to incur costs to obtain
airworthiness certificates for the fat ultralights they manufacture.
Based on information received from several industry sources, under
strict enforcement of the current rules, the cost of aircraft
certification would be higher than under the proposed rule. Only newly
produced fat ultralights would be eligible to receive a primary or
standard category airworthiness certificate (existing fat ultralights
were not manufactured under a production certificate and, therefore,
would not be eligible for these types of airworthiness certificate).
Primary and standard category airworthiness certificates allow the
operator to conduct flight training and rental activities. For those
fat ultralights that would meet such standards, the potential cost of
compliance is estimated to be as low as $4,800 per fat ultralight for a
primary airworthiness certificate, or as high as $6,400 per fat
ultralight for a standard airworthiness certificate. Those fat
ultralights that do not meet the standards for primary or standard
category airworthiness certificates could

[[Page 5398]]

be eligible for an experimental airworthiness certificate. The
potential cost of compliance for experimental airworthiness certificate
is estimated as $750 per fat ultralight. The FAA estimated the cost of
aircraft certification under this alternative to be $6.9 million ($5.7
million, discounted) by assuming that each new pilot or flight
instructor would purchase a new aircraft during the same year the pilot
received his/her pilot certificate or his/her flight instructor
certificate. The new aircraft would be certificated as either an
experimental aircraft or a primary aircraft. In this analysis, the FAA
assumed that 95 percent of the new pilots and flight instructors would
purchase an experimental aircraft and only five percent of them would
purchase a primary aircraft. In this case the weighted average
certification cost would be $952.50 per new aircraft. Aircraft
certification costs would be underestimated if a higher percentage of
new aircraft are certificated as primary aircraft rather than
experimental aircraft. Some new pilots may also choose to purchase new
aircraft that received a standard airworthiness certificate. To the
extent that this happens the aircraft certification costs would also be
underestimated. This alternative does not provide a method for aircraft
certification of powered parachutes. They can not be certificated under
experimental amateur-built, primary, or standard category.
Additionally, weight-shift-control aircraft can not be certificated
under standard or primary category.
4. Increased FAA Costs. The FAA did not estimate the increased cost
to the FAA of strictly enforcing current regulations. The FAA would
either have to hire new inspectors or shift inspectors away from other
enforcement activities (e.g., air carrier operations) to enforce the
current regulations on ultralight activities.
Since the cost of this alternative is at least $86.2 million ($73.6
million, discounted) and is more expensive than the proposed rule,
alternative 1 (strictly enforcing the current rules) must be much more
effective (greater than 47 percent) than the proposed rule (23 percent)
in order to be cost beneficial.
Alternative 2--Proposed Rule (Preferred)
Under this preferred alternative, the FAA would establish unique
requirements for the certification, operation, and maintenance of
light-sport aircraft, including powered parachutes and weight-shift-
control aircraft. Anyone operating fat ultralights (single-place or 2-
place types) would be required to obtain at least a sport pilot
certificate. Flight instructors would obtain a sport pilot rating. This
alternative would eliminate the need for training exemptions from part
103 and would also establish requirements for private pilots to operate
powered parachutes and weight-shift-control aircraft. Under this
alternative, the FAA would also establish a new repairman certificate
with ratings for individuals who would inspect and maintain light-sport
aircraft.
As discussed earlier, the potential benefits from this alternative
are estimated to be $221.4 million ($153.3 million, discounted). The
FAA believes that many of these benefits could be achieved by
requiring:
1. All operators of fat ultralights to obtain sport pilot or flight
instructor (with a sport pilot rating) certificates. Accidents would be
reduced as a result of required training for all pilots operating
light-sport aircraft. The FAA believes that training and testing,
appropriate to the type of operation conducted, reduces aircraft
accidents.
2. All sport pilots to receive training tailored to specific make/
model light-sport aircraft and sport and recreational operations. Due
to the unique characteristics of each make/model of light-sport
aircraft within the same category, this training is necessary to gain
the skills necessary to operate those aircraft.
In addition, a sport pilot could choose to add privileges, as
needed, with appropriate training. This would reduce accidents or
incidents by limiting the privileges and would allow a sport pilot to
gain the skills necessary to operate in a simple operating environment
and build experience. This building block approach would allow a sport
pilot to gain additional skills through additional training, (e.g.
operations in Class D, C, or B airspace) when the pilot wants to add
more privileges.
3. All aircraft to meet the needed certification requirements.
Accidents would be reduced because light-sport aircraft would be
manufactured to a standard. In addition, these aircraft would be
inspected by the FAA or a representative to ensure they are safe to fly
before the issuance of an airworthiness certificate. Standard materials
and processes would be used to build these aircraft.
4. All aircraft to meet the needed aircraft maintenance
requirements. Accidents would be reduced because required maintenance
done in regular intervals by certificated repairmen or mechanics would
ensure that light-sport aircraft are maintained properly.
5. Training for repairmen. Establishing maintenance standards and
repairman training standards means well-maintained, safer aircraft. The
aircraft would be maintained and inspected by individuals who would be
trained by manufacturers or industry organizations on these unique
types of light-sport aircraft. Repairmen would be trained on specific
make and model light-sport aircraft.
The benefits listed in items 2 and 5 above are unique to the
proposed rule alternative (preferred). Those two benefits would not be
achieved by strictly enforcing current regulations. Benefits in items
1, 3, and 4 above would be achieved under either alternative.
As stated earlier, these proposed requirements are estimated to
cost $40.4 million ($34.0 million, discounted). If the proposed rule
were only 23 percent effective, the proposed rule would be cost
beneficial.
The FAA selected this alternative primarily because, not only is
the proposed rule less costly than the current rule, it likely would
provide a higher level of safety because of the additional two unique
safety benefits. In addition, this alternative would fulfil the FAA's
responsibility under 49 U.S.C. 44701, which requires the FAA to promote
safe flight of civil aircraft and establish regulations covering
aircraft operations.

B. Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the Act requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The Act covers a wide-range of small
entities, including small businesses, not-for-profit organizations and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis as described in
the Act. However, if an agency determines that a proposed or final rule
is not expected to have a significant economic impact on a substantial
number of small entities,

[[Page 5399]]

section 605(b) of the Act provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
There are two types of small commercial entities that would be
potentially affected by the proposal: (1) Flight instructors with a
sport pilot rating and (2) Certificated repairmen (maintenance). These
entities are considered small. Since there is no established size
criterion for these types of operators, all of them (flight instructors
and maintenance repairmen) are considered to be small from a worst case
standpoint. Each of these small entities is discussed below.
Flight Instructors With a Sport Pilot Rating
Of the 10,000 existing operators of fat ultralight vehicles that
would be affected by the proposal between 2002 and 2003, an estimated
1,000 (or 10 percent) would become flight instructors with a sport
pilot rating. An estimated 925 additional new flight instructors with a
sport pilot rating are expected to enter the industry between 2002 and
2011, as part of those newly produced light-sport aircraft.
While a small number of new flight instructors with a sport pilot
rating would teach part-time for the love of flying, the vast majority
(about 75-90 percent) of them likely would be compensated beyond
coverage of their operating expenses. These individuals would either be
self-employed independent flight instructors for hire, who operate and
own flight schools, or they would be employed as flight instructors at
flight schools. In most cases, the FAA believes these individuals
operate as self-employed independent flight instructors. All of these
flight instructors are considered small commercial entities. The
proposal would impose, at most, an annualized cost of compliance of
$274 on each of the potentially affected flight instructors over the
next 10 years. While no financial data is available for these entities,
due to their small size and the nature of their general aviation
operations (i.e., many of them have yet to start operating as small
entities), the magnitude of the potential compliance cost impact is not
considered to be significant.
Repairmen (Maintenance)
The proposal would potentially affect an estimated 19,065 light-
sport aircraft operators seeking either a sport pilot certificate or a
flight instructor certificate with a sport pilot rating over the next
10 years. For those reasons noted previously in the major assumptions
section of this evaluation, an estimated 5 percent of these operators
are expected to obtain repairman certificates to perform aircraft
maintenance on training and rental aircraft. These light sport-aircraft
repairmen (maintenance) would operate as independent small commercial
entities or as employees for small fixed base operators.
The proposal would impose an annualized cost of compliance of about
$513 on each of the potentially affected repairmen over the next 10
years. For the same reasons stated previously for flight instructors,
no financial data are available for these entities. Nonetheless, the
magnitude of the potential compliance cost impact is not considered
significant.
In view of the above discussion, the FAA certifies that the
proposal would not have a significant economic impact on a substantial
number of small entities operating either as light-sport aircraft
repairmen (maintenance) or flight instructors with a sport pilot
rating.

C. International Trade Impact Statement

The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. This effort includes both barriers affecting the export of
American goods and services to foreign countries and barriers affecting
the import of foreign goods and services into the United States.
In accordance with the above statute, the FAA has assessed the
potential effect of the proposal and has determined that it would not
present a significant impediment to either U.S. firms doing business
aboard or foreign firms doing business in the United States. The
proposal, if adopted as a rule, is expected to stimulate a great deal
of growth for the light-sport aircraft aviation industry in the United
States and abroad. The belief that no significant trade disadvantage
would take place is based on the premise that the number of the
requirements contained in the proposal (namely, aircraft certification
standards) essentially mirrors those that already exist
internationally.

D. Initial Unfunded Mandates Assessment

The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub.
L. 104-4 on March 22, 1995, is intended, among other things, to curb
the practice of imposing unfunded Federal mandates on State, local, and
tribal governments.
Title II of the Act requires each Federal agency to prepare a
written statement assessing the effects of any Federal mandate in a
proposed or final agency rule that may result in a $100 million or more
expenditure (adjusted annually for inflation) in any one year by State,
local, and tribal governments, in the aggregate, or by the private
sector; such a mandate is deemed to be a ``significant regulatory
action.''
Since the highest annual cost of compliance would be about $15.5
million, the proposal does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.

X. Executive Order 13132, Federalism

The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we determined that this notice of proposed
rulemaking would not have federalism implications.

XI. Environmental Analysis

FAA order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1D,
appendix 4, paragraph 4(j), this proposed rulemaking action qualifies
for a categorical exclusion. Currently there are no noise certification
regulations that apply to light-sport aircraft.

XII. Energy Impact

The energy impact of this proposed rule has been assessed in
accordance with the Energy Policy and Conservation Act (EPCA), Pub. L.
94-163, as amended (42 U.S.C. 6362) and FAA Order 1053.1. The FAA has
determined that this proposed rule is not a major regulatory action
under the provisions of the EPCA.

[[Page 5400]]

List of Subjects

14 CFR Part 1

Air transportation.

14 CFR Part 21

Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.

14 CFR Part 43

Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 45

Aircraft, Exports, Signs and symbols.

14 CFR Part 61

Aircraft, Airmen, Alcohol abuse, Drug abuse, Recreation and
recreation areas, Reporting and recordkeeping requirements, Teachers.

14 CFR Part 65

Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Drug abuse, Reporting and recordkeeping requirements.

14 CFR Part 91

Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico,
Noise control, Political candidate, Reporting and recordkeeping
requirements, Yugoslavia.

The Proposed Amendment

In consideration of the above, the Federal Aviation Administration
proposes to amend parts 1, 21, 43, 45, 61, 65, and 91 of title 14, Code
of Federal Regulations (14 CFR parts 1, 21, 43, 45, 61, 65, and 91) as
follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

1. The authority citation for part 1 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

2. Amend Sec. 1.1 by adding the following definitions in
alphabetical order:

Sec. 1.1 General definitions.

* * * * *
Consensus standard means, for the purpose of certificating light-
sport aircraft, an industry-developed consensus airworthiness standard
that governs aircraft design and performance, quality assurance system
requirements, production acceptance test specifications, and continued
operational safety monitoring system characteristics.
* * * * *
Light-sport aircraft means an aircraft, other than a helicopter or
powered-lift, that is limited to:
(1) A maximum takeoff weight of 1,232 pounds (560 kilograms) or,
for lighter-than-air aircraft, a maximum gross weight of 660 pounds
(300 kilograms);
(2) A maximum airspeed in level flight with maximum continuous
power (V_H) of 115 knots CAS under standard atmospheric
conditions;
(3) A maximum never-exceed speed (V_NE) of 115 knots CAS
for a glider;
(4) A maximum stalling speed or minimum steady flight speed in the
landing configuration (V_S0) of 39 knots CAS;
(5) A maximum stalling speed or minimum steady flight speed without
the use of lift-enhancing devices (V_S1) of 44 knots CAS;
(6) A maximum seating capacity of two persons, including the pilot;
(7) A single, non-turbine engine, if powered;
(8) A fixed or ground-adjustable propeller, if powered;
(9) A fixed-pitch, semi-rigid, teetering, two-blade rotor system,
if a gyroplane;
(10) A non-pressurized cabin, if equipped with a cabin; and
(11) Fixed landing gear, or for seaplanes, repositionable landing
gear.
* * * * *
Powered parachute means a powered aircraft that derives its lift
from a non-rigid wing that inflates into a lifting surface when exposed
to a wind. A powered parachute is propelled by an engine that is an
integral part of the aircraft and is controlled by a pilot within a
fuselage suspended beneath the non-rigid wing.
* * * * *
Weight-shift-control aircraft means a powered aircraft with a
framed pivoting wing and a fuselage that is controllable in pitch and
roll only by the pilot's ability to change the aircraft's center of
gravity.
* * * * *

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

3. The authority citation for part 21 continues to read as follows:

Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.

4. Amend Sec. 21.175 by revising paragraph (b) to read as follows:

Sec. 21.175 Airworthiness certificates: classification.

* * * * *
(b) Special airworthiness certificate categories are primary,
restricted, limited, light-sport, provisional, and experimental
airworthiness certificates; and special flight permits.
5. Amend Sec. 21.181, by revising paragraphs (a)(1) and (a)(3) to
read as follows:

Sec. 21.181 Duration.

(a) * * *
(1) Standard airworthiness certificates and special airworthiness
certificates issued for primary, restricted, or limited category
aircraft are effective as long as the maintenance, preventive
maintenance, and alterations are performed in accordance with parts 43
and 91 of this chapter, and the aircraft is registered in the United
States. A special airworthiness certificate in the light-sport category
is effective as long as the aircraft is maintained in accordance with
the operating limits limitations issued with the airworthiness
certificate, and the aircraft is registered in the United States.
* * * * *
(3) An experimental certificate for research and development,
showing compliance with regulations, crew training, or market surveys
is effective for one year after the date of issue or renewal unless FAA
prescribes a shorter period. The duration of amateur-built, exhibition,
air-racing, primary kit-built, and light-sport experimental
certificates is unlimited, unless FAA establishes a specific period for
good cause.
* * * * *
6. Amend Sec. 21.182 by revising paragraph (b)(2) to read as
follows:

Sec. 21.182 Aircraft identification.

* * * * *
(b) * * *
(2) An experimental certificate for an aircraft not issued for the
purpose of operating amateur-built aircraft, operating primary kit-
built aircraft, or operating light-sport aircraft.
* * * * *
7. Add Sec. 21.186 to read as follows:

Sec. 21.186 Issue of special airworthiness certificates for light-
sport category aircraft.

(a) Special, light-sport category aircraft airworthiness
certificates. The FAA issues a special airworthiness certificate in the
light-sport category to operate a light-sport aircraft, other than a
gyroplane, for sport and recreation, flight training, or rental.
(b) Eligibility. To be eligible for a special airworthiness
certificate in the light-sport category--
(1) A registered owner must submit--
(i) The applicable pilot operating handbook;

[[Page 5401]]

(ii) The applicable maintenance and inspection procedures;
(iii) The manufacturer's Statement of Compliance as described in
paragraph (c) of this section;
(iv) A written statement declaring that the aircraft has not been
altered after its date of manufacture; or that any alteration performed
on the aircraft meets the applicable consensus standard and has been
authorized by the manufacturer or a person acceptable to FAA who has
established a program to review alterations performed on the
manufacturer's aircraft; and
(v) A written statement declaring that any future alterations
performed on the aircraft will meet the applicable consensus standard
and be authorized by the manufacturer or a person acceptable to FAA who
has established a program to review alterations performed on the
manufacturer's aircraft;
(2) The aircraft must not have been previously issued an
airworthiness certificate in the standard or primary category; and
(3) The aircraft must be inspected by FAA and found to be in a
condition for safe operation.
(c) Manufacturer's Statement of Compliance for light-sport category
aircraft. A manufacturer of an aircraft intended for certification with
a special airworthiness certificate in the light-sport category must
issue a Statement of Compliance that:
(1) Identifies the aircraft make and model designation, aircraft
serial number, class of light-sport aircraft, and the date of
manufacture;
(2) Identifies the consensus standard used to manufacture the
aircraft;
(3) States that the aircraft complies with the consensus standard
specified in paragraph (c)(2) of this section;
(4) States that the manufacturer has determined the aircraft
conforms to the manufacturer's design data, using a quality system that
complies with the consensus standard;
(5) Identifies the applicable pilot operating handbook, maintenance
and inspection procedures, pilot flight-training manual and states that
this information will be made available to any interested person;
(6) Identifies a document describing the system the manufacturer
will use for monitoring and correcting safety-of-flight issues;
(7) States that, upon request of the FAA, the manufacturer will
provide unrestricted access to its facilities; and
(8) States that the aircraft was tested in accordance with a
production acceptance test procedure that meets a consensus standard,
that the manufacturer has found the aircraft performance acceptable,
and that the aircraft is in a condition for safe operation.
(d) Imported light-sport aircraft. For an imported aircraft to be
eligible for a special airworthiness certificate in the light-sport
category, a registered owner must meet the requirements of paragraph
(b) of this section and provide to the FAA evidence that:
(1) The aircraft was manufactured in a country with which the
United States has an agreement for the import or export of that
product;
(2) The make and model of the aircraft to be imported is eligible
for an airworthiness certificate or flight authority in the country of
manufacture; and
(3) The civil aviation authority of the country of export has
determined that the aircraft is in a condition for safe operation.
8. Amend Sec. 21.191 by revising the paragraph caption of paragraph
(h) and adding paragraph (i) to read as follows:

Sec. 21.191 Experimental certificates.

* * * * *
(h) Operating primary kit-built aircraft. * * *
(i) Operating light-sport aircraft.
(1) Operating a light-sport aircraft for which a person applied for
registration no later than [Date 24 months after the effective date of
the final rule.]
and for which FAA issued an experimental airworthiness
certificate under this paragraph no later than [Date 36 months after
the effective date of the final rule.]. Only aircraft that do not meet
the provisions of Sec. 103.1 of this chapter may receive this
certificate. The FAA issues this certificate for the purpose of sport
and recreation and flight training. A person may operate an aircraft
for compensation or hire with this certificate while conducting initial
flight training until [Date 36 months after the effective date of the
final rule.].
(2) Operating a light-sport aircraft that was assembled from an
eligible kit by a person without the supervision and quality system of
the manufacturer for the purpose of sport and recreation and flight
training.
(3)Operating a light-sport aircraft that was previously issued a
special airworthiness certificate in the light-sport category under
Sec. 21.186 for the purpose of sport and recreation and flight
training.
9. Amend Sec. 21.193 by adding paragraph (e) to read as follows:

Sec. 21.193 Experimental certificates: general.

* * * * *
(e) In the case of a light-sport aircraft assembled from a kit to
be certificated in accordance with Sec. 21.191(i)(2), a registered
owner must provide the following:
(1) Evidence that any aircraft of the same make and model
previously has been issued a special airworthiness certificate in the
light-sport aircraft category and has been manufactured and assembled
by the aircraft kit manufacturer;
(2) The applicable pilot operating handbook;
(3) The applicable instructions for maintenance and inspection
procedures;
(4) A Statement of Compliance issued by the manufacturer that meets
the scope and detail of Sec. 21.186(c) for that specific aircraft kit,
except that in-lieu of Sec. 21.186(c)(8), the statement should identify
the applicable Assembly Instructions for that aircraft;
(5) The instructions that were used to assemble the aircraft; and
(6) For an imported aircraft kit, evidence that the aircraft kit
was manufactured in a country with which the United States has an
agreement for the import or export of the product to be made from the
kit.

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION

10. The authority citation for part 43 continues to read as
follows:

Authority: 49 U. S. C. 106(g), 40113, 44701, 44703, 44705,
44707, 44711, 44713, 44717.

11. Amend Sec. 43.1 by revising paragraph (b) to read as follows:

Sec. 43.1 Applicability.

* * * * *
(b) This part does not apply to any aircraft for which FAA issued a
special airworthiness certificate in the light-sport aircraft category
or an experimental certificate, unless FAA had previously issued a
different kind of airworthiness certificate for that aircraft.

PART 45--IDENTIFICATION AND REGISTRATION MARKING

12. The authority citation for part 45 continues to read as
follows:

Authority: 49 U.S.C. 106(g), 40103, 40109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 45302-45303, 46104, 46304, 46306, 47122.

13. Amend Sec. 45.27 by adding paragraph (e) to read as follows:

Sec. 45.27 Location of marks; nonfixed-wing aircraft.

* * * * *

[[Page 5402]]

(e) Powered parachute and weight-shift-control aircraft. Each
operator of a powered parachute or a weight-shift-control aircraft must
display the marks required by Sec. 45.23. The marks must be displayed
horizontally and in two diametrically opposite positions on any
structural member or airfoil.
14. Amend Sec. 45.29 by revising paragraphs (b)(1)(iii), and (b)(2)
to read as follows:

Sec. 45.29 Size of marks.

* * * * *
(b) * * *
(1) * * *
(iii)Marks at least 3 inches high may be displayed on an aircraft
for which FAA has issued an experimental certificate under
Sec. 21.191(d), Sec. 21.191(g), or Sec. 21.191(i) of this chapter to
operate as an exhibition aircraft, an amateur-built aircraft, or a
light-sport aircraft when the maximum cruising speed of the aircraft
does not exceed 180 knots CAS; and
* * * * *
(2) Airships, spherical balloons, nonspherical balloons, powered
parachutes, and weight-shift-control aircraft must be at least 3 inches
high; and
* * * * *

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

15. The authority citation for part 61 continues to read as
follows:

Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

16. Add SFAR No. 89 to part 61 to read as follows:

SFAR No. 89--Sport Pilot Certification

General

Section

1. What is the purpose of this SFAR?
3. When am I eligible for a certificate under this SFAR?
5. Does this SFAR expire?
7. Does a sport pilot certificate issued under this SFAR expire?
9. What is a light-sport aircraft?
11. Who is an authorized instructor?
13. Do regulations other than those contained in this SFAR apply to
a sport pilot?
15. Must I hold an airman medical certificate?
17. Am I prohibited from operating a light-sport aircraft if I have
a medical deficiency?

Student Pilot Certificate to Operate Light-Sport Aircraft

31. How do I apply for a student pilot certificate to operate light-
sport aircraft?
33. What solo requirements must a student pilot operating light-
sport aircraft meet?
35. Are there any limits on how a student pilot may operate a light-
sport aircraft?
37. How do I obtain privileges to operate in Class B, C, or D
airspace and at an airport located in Class B, C, or D airspace?

Sport Pilot Certificate

51. What aeronautical knowledge must I have to apply for a sport
pilot certificate?
53. What flight proficiency requirements must I meet to apply for a
sport pilot certificate?
55. What aeronautical experience must I have to apply for a sport
pilot certificate?
57. What tests do I have to take to receive a sport pilot
certificate?
59. Will my sport pilot certificate list light-sport aircraft
category and class ratings?
61. May I operate all categories, classes, and makes and models of
light-sport aircraft with my sport pilot certificate?
63. How do I obtain privileges to operate an additional category or
class of light-sport aircraft?
65. How do I obtain privileges to operate an additional make and
model of light-sport aircraft?
67. Must I carry my logbook with me in the aircraft?

Privileges and Limits of Holders of a Sport Pilot Certificate

71. What type of aircraft may I fly if I hold a sport pilot
certificate?
73. What are my limits for the operation of light-sport aircraft?
75. May I demonstrate an aircraft in flight to a prospective buyer?
77. May I carry a passenger?
79. May I share operating expenses of a flight with a passenger?
81. How do I obtain privileges to operate in Class B, C, or D
airspace?
83. How do I obtain privileges to operate a light-sport aircraft
that has a V_H greater than 87 knots CAS?

Transitioning to a Sport Pilot Certificate

91. How do I obtain a sport pilot certificate if I already hold at
least a private pilot certificate issued under 14 CFR part 61?
93. How do I obtain a sport pilot certificate if I do not hold a
pilot certificate issued under 14 CFR part 61, but I have been
flying ultralight vehicles under 14 CFR part 103?
95. How do I obtain a sport pilot certificate if I don't hold a
pilot certificate and have never flown an ultralight vehicle?

Flight Instructor Certificate With a Sport Pilot Rating

111. Must I hold an airman medical certificate?
113. What aeronautical knowledge requirements must I meet to apply
for a flight instructor certificate with a sport pilot rating?
115. What training must I have in areas of operation to apply for a
flight instructor certificate with a sport pilot rating?
117. What aeronautical experience must I have to apply for a flight
instructor certificate with a sport pilot rating?
119. What tests do I have to take to get a flight instructor
certificate with a sport pilot rating?
121. What records do I have to keep and for how long?
123. Will my flight instructor certificate with a sport pilot rating
list light-sport aircraft category and class ratings?
125. Am I authorized to provide training in all categories and
classes of light-sport aircraft with my flight instructor
certificate with a sport pilot rating?
127. How do I obtain privileges to provide flight training in an
additional category or class of light-sport aircraft?
129. How do I obtain privileges authorizing me to provide flight
training in an additional make and model of light-sport aircraft?
131. Do I need to carry my logbook with me in the aircraft?
133. What privileges do I have if I hold a flight instructor
certificate with a sport pilot rating?
135. What are the limits of a flight instructor certificate with a
sport pilot rating?
137. Are there any additional qualifications for training first-time
flight instructor applicants?
139. May I give myself an endorsement?

Transitioning to a Flight Instructor Certificate With a Sport Pilot
Rating

151. What if I already hold a flight instructor certificate issued
under 14 CFR part 61 and want to exercise the privileges of a flight
instructor certificate with a sport pilot rating?
153. What if I am only a registered ultralight instructor with an
FAA recognized ultralight organization?
155. What if I've never provided flight or ground training in an
aircraft or an ultralight vehicle?

Pilot Logbooks

171. How do I log training time and aeronautical experience?
173. How do I log pilot-in-command flight time?
175. May I use training time and aeronautical experience logged as a
sport pilot toward a higher certificate or rating issued under 14
CFR part 61?
177. May I credit training time and aeronautical experience logged
as an ultralight operator toward a sport pilot certificate?
179. May I use aeronautical experience I got as the operator of an
ultralight vehicle to meet the requirements for a higher certificate
or rating issued under 14 CFR part 61?

Recent Flight Experience Requirements for a Sport Pilot Certificate or
a Flight Instructor Certificate With a Sport Pilot Rating

191. What recent flight experience requirements must I meet for a
sport pilot certificate?
193. What are the flight review requirements for a sport pilot
certificate?
195. How do I renew my flight instructor certificate?
197. What must I do if my flight instructor certificate with a sport
pilot rating expires?

Ground Instructor Privileges

211. What are the eligibility requirements for a ground instructor
certificate?

[[Page 5403]]

213. What additional privileges do I have if I hold a ground
instructor certificate with a basic ground instructor rating?
215. What additional privileges do I have if I hold a ground
instructor certificate with an advanced ground instructor rating?

General

Section 1. What is the purpose of this SFAR? This SFAR--
(a) Establishes requirements to apply for a student pilot
certificate to operate light-sport aircraft, a sport pilot
certificate, and a flight instructor certificate with a sport pilot
rating;
(b) Expands the privileges of ground instructors to permit them
to provide training for a sport pilot certificate and for a flight
instructor certificate with a sport pilot rating; and
(c) Establishes the following for the certificates and ratings
issued by FAA under the provisions of this SFAR:
(1) Eligibility requirements;
(2) Experience requirements;
(3) Testing requirements;
(4) Endorsements;
(5) Privileges and limitations;
(6) Logging of ground and flight time;
(7) Recent flight experience requirements; and
(8) Transition provisions.
Section 3. When am I eligible for a certificate under this SFAR?
(a) See the following table for the eligibility requirements for the
different kinds of airman certificates issued under this SFAR:

----------------------------------------------------------------------------------------------------------------
You must be able to read, speak, write, and understand
To be eligible for a . . . English and be . . .
----------------------------------------------------------------------------------------------------------------
(1) Student pilot certificate for operating light- At least 16 (or 14 if you are applying to operate a glider
sport aircraft, or balloon)
(2) Sport pilot certificate, At least 17 (or 16 if you are applying to operate a glider
or balloon
(3) Flight instructor certificate with a sport (i) At least 18; and
pilot rating, (ii) Hold a current and valid sport pilot certificate or a
current and valid private pilot certificate issued under
14 CFR part 61.
----------------------------------------------------------------------------------------------------------------

(b) If you can't read, speak, write, and understand English due
to medical requirements, the FAA may place limitations on your
certificate as are necessary for the safe operation of light-sport
aircraft.
Section 5. Does this SFAR expire? This SFAR will remain in
effect until superceded, rescinded, or until it is incorporated into
the permanent portion of Title 14, Code of Federal Regulations.
Section 7. Does a sport pilot certificate issued under this SFAR
expire? No, a sport pilot certificate issued under this SFAR does
not expire.
Section 9. What is a light-sport aircraft? A light-sport
aircraft is defined in 14 CFR 1.1.
Section 11. Who is an authorized instructor? An authorized
instructor is defined in 14 CFR 61.1.
Section 13. Do regulations other than those contained in this
SFAR apply to a sport pilot? Yes. As a certificated pilot, you must
comply with 14 CFR part 61 and with the general operating and flight
rules under 14 CFR part 91 of this chapter. In addition, you must
comply with all other applicable regulations under this chapter.
Section 15. Must I hold an airman medical certificate? In lieu
of the provisions of 14 CFR 61.23(a)(3)(iii), which require a
student pilot to hold an airman medical certificate, you must hold
and possess while exercising the privileges of a student pilot
certificate to operate a light-sport aircraft or a sport pilot
certificate, when operating other than a glider or balloon:
(a) A current and valid U.S. driver's license; or
(b) A current and valid airman medical certificate issued under
14 CFR part 67.
Section 17. Am I prohibited from operating a light-sport
aircraft if I have a medical deficiency? See the following table to
determine when you are prohibited from operating a light-sport
aircraft due to a medical deficiency:

----------------------------------------------------------------------------------------------------------------
If you hold a sport pilot certificate
or a student pilot certificate to And . . . Then . . .
operate light-sport aircraft . . .
----------------------------------------------------------------------------------------------------------------
(a) That is a glider or balloon, You must not act as pilot in
command of the aircraft if you
know or have reason to know of
any medical condition that would
make you unable to operate the
aircraft in a safe manner.
(b) Other than a glider or balloon, You hold a U.S. driver's license You must not act as pilot in
(regardless of whether you hold an command of the aircraft if you
airman medical certificate issued know or have reason to know of
under 14 CFR part 67), any medical condition that would
make you unable to operate the
aircraft in a safe manner.
(c) Other than a glider or balloon, (1) You hold an airman medical (i) You must not act as pilot in
certificate issued under 14 CFR part command of the aircraft if:
67, but don't hold a U.S. driver's (A) You know or have reason to
license, know of any medical condition
that would make you unable to
meet the requirements of at least
a third-class medical
certificate; or
(B) You are taking medication or
receiving other treatment for a
medical condition that results in
you being unable to meet the
requirements of at least a third-
class medical certificate.
----------------------------------------------------------------------------------------------------------------

Student Pilot Certificate for Operating Light-Sport Aircraft

Section 31. How do I apply for a student pilot certificate to
operate light-sport aircraft? Use the following table to determine
how to apply for a student pilot certificate to operate light-sport
aircraft:

------------------------------------------------------------------------
If . . . Then . . .
------------------------------------------------------------------------
(a) You are operating a balloon or glider, You must apply for a student
or you have a current and valid airman pilot certificate to
medical certificate issued under 14 CFR operate light-sport
part 67, or a current and valid U.S. aircraft with a Flight
driver's license, Standards District Office
(FSDO) or an FAA designated
pilot examiner.

[[Page 5404]]

(b) You are not operating a balloon or a You must apply for a student
glider, you do not have a current and pilot certificate to
valid airman medical certificate issued operate light-sport
under 14 CFR part 67, and you are not aircraft and an airman
able to get a current and valid U.S. medical certificate issued
driver's license, under 14 CFR part 67 with
an FAA aviation medical
examiner.
------------------------------------------------------------------------

Section 33. What solo requirements must a student pilot
operating light-sport aircraft meet? (a) To operate a light-sport
aircraft in solo flight, you must meet the requirements under 14 CFR
61.87(a) through (c).
(b) If you are receiving training for single-engine airplane,
glider, gyroplane, airship, or balloon privileges, you must receive
and log flight training for the maneuvers and procedures specified
in 14 CFR 61.87(d), (g), and (i) through (k), as applicable.
(c) If you are receiving training for powered parachute or
weight-shift-control aircraft privileges, you must receive and log
flight training for the following maneuvers and procedures:
(1) Proper flight preparation procedures, including preflight
planning and preparation, preflight assembly and rigging, aircraft
systems, and powerplant operations;
(2) Taxiing or surface operations, including run-ups;
(3) Takeoffs and landings, including normal and crosswind;
(4) Straight and level flight, and turns in both directions;
(5) Climbs, and climbing turns in both directions;
(6) Airport traffic patterns, including entry and departure
procedures;
(7) Collision avoidance, windshear avoidance, and wake
turbulence avoidance;
(8) Descents and descending turns in both directions;
(9) Emergency procedures and equipment malfunctions;
(10) Ground reference maneuvers;
(11) Recovery from partial canopy collapse (powered parachute
only);
(12) Meta-stable stalls and avoidance (powered parachute only);
(13) Flight at various airspeeds from maximum cruise to slow
flight (weight-shift-control aircraft only);
(14) Stall entry, stall, and stall recovery (weight-shift-
control aircraft only);
(15) Straight glides, and gliding turns in both directions;
(16) Go-arounds;
(17) Approaches to landing areas with a simulated engine
malfunction;
(18) Procedures for canopy packing and aircraft disassembly
(powered parachute only); and
(19) Procedures for disassembly (weight-shift-control aircraft
only).
(d) Solo cross-country flight requirements. You may not operate
a light-sport aircraft on a solo cross-country flight unless you
have met the requirements specified in 14 CFR 61.93(a) through (c).
(e) Maneuvers and procedures for solo cross-country flight
training in a single-engine airplane, glider, gyroplane, or airship.
If you are receiving training for single-engine airplane, glider,
gyroplane, or airship privileges you must receive and log flight
training for the maneuvers and procedures specified in 14 CFR 61.93
(e), (h), (j), and (k), as applicable.
(f) If you are receiving training for powered parachute and
weight-shift control privileges, you must receive and log flight
training in the following maneuvers and procedures:
(1) Use of aeronautical charts for VFR navigation using pilotage
and dead reckoning with the aid of a magnetic compass;
(2) Use of aircraft performance charts pertaining to cross-
country flight;
(3) Procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
(4) Emergency procedures;
(5) Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach;
(6) Procedures and operating practices for collision avoidance,
wake turbulence precautions, and windshear avoidance;
(7) Recognition, avoidance, and operational restrictions of
hazardous terrain features in the geographical area where the cross-
country flight will be flown;
(8) Procedures for operating the instruments and equipment
installed in the aircraft to be flown, including recognition and use
of the proper operational procedures and indications;
(9) If equipped for flight using navigation radios, the
procedures for the use of radios for VFR navigation; and
(10) Recognition of weather and upper air conditions favorable
for the cross-country flight.
Section 35. Are there any limits on how a student pilot may
operate a light-sport aircraft? As a student pilot you may not
operate a light-sport aircraft:
(a) Unless you comply with 14 CFR 61.87(l) and 61.89 (a)(1)
through (a)(4), (a)(7), (a) (8), and (b);
(b) With a flight or surface visibility of less than 3 statute
miles;
(c) In flight at night;
(d) At an altitude of more than 10,000 feet MSL or 2,000 feet
AGL, whichever is higher;
(e) That exceeds a V_H of 87 knots CAS;
(f) Outside of the United States;
(g) In Class B, C, or D airspace or at an airport located in
Class B, C, or D airspace; unless you have received the ground and
flight training from an instructor authorized to provide training
and any logbook endorsement necessary for the solo flight;
(h) Contrary to any operating limitation placed on the
airworthiness certificate of the aircraft being flown; or
(i) Contrary to any limitation or endorsement on your pilot
certificate, airman medical certificate, U.S. driver's license, or
any other limitation or endorsement from an authorized instructor.
Section 37. How do I obtain privileges to operate in Class B, C,
or D airspace and at an airport located in Class B, C, or D
airspace? If you hold a student pilot certificate to operate light-
sport aircraft and seek to obtain privileges to operate in Class B,
C, or D airspace or at an airport located in Class B, C, or D
airspace, you must receive and log ground and flight training from
an authorized instructor. The instructor must provide a logbook
endorsement that certifies you are proficient in the following
aeronautical knowledge areas and areas of operation:
(a) The use of radios, communications, navigation systems and
facilities, and radar services;
(b) Operations at airports with an operating control tower, to
include 3 takeoffs and landings to a full stop (with each landing
involving a flight in the traffic pattern) at an airport with an
operating control tower;
(c) Applicable flight rules of 14 CFR part 91 for operations in
Class B, C, or D airspace and ATC clearances;
(d) Ground training for the specific airspace for which the solo
flight is authorized, and flight training in the specific airspace
for which the solo flight is authorized within the 90-day period
preceding the date of the flight into that airspace; and
(e) Ground and flight training for the specific airport for
which the solo flight is authorized, if applicable, within the 90-
day period preceding the date of the flight at that airport.

Sport Pilot Certificate

Section 51. What aeronautical knowledge must I have to apply for
a sport pilot certificate? To apply for a sport pilot certificate,
you must receive and log ground training from an authorized
instructor or complete a home-study course on the following
aeronautical knowledge areas:
(a) Applicable regulations of this chapter that relate to sport
pilot privileges, limits, and flight operations;
(b) Accident reporting requirements of the National
Transportation Safety Board;
(c) Use of the applicable portions of the ``Aeronautical
Information Manual'' and FAA advisory circulars;
(d) Use of aeronautical charts for VFR navigation using
pilotage, dead reckoning, and navigation systems;
(e) Recognition of critical weather situations from the ground
and in flight, windshear avoidance, and the procurement and use of
aeronautical weather reports and forecasts;
(f) Safe and efficient operation of aircraft, including
collision avoidance, and recognition and avoidance of wake
turbulence;
(g) Effects of density altitude on takeoff and climb
performance;

[[Page 5405]]

(h) Weight and balance computations;
(i) Principles of aerodynamics, powerplants, and aircraft
systems;
(j) Stall awareness, spin entry, spins, and spin recovery
techniques, if applicable;
(k) Tumble entry, tumble avoidance techniques for weight-shift-
control aircraft category privileges;
(l) Aeronautical decision making and judgment; and
(m) Preflight action that includes--
(1) How to get information on runway lengths at airports of
intended use, data on takeoff and landing distances, weather reports
and forecasts, and fuel requirements; and
(2) How to plan for alternatives if the planned flight cannot be
completed or delays are encountered.
Section 53. What flight proficiency requirements must I meet to
apply for a sport pilot certificate? To apply for a sport pilot
certificate, you must receive and log ground and flight training
from an authorized instructor on the following areas of operation
for airplane single-engine, glider, gyroplane, airship, balloon,
powered parachute, and weight shift control privileges:
(a) Preflight preparation;
(b) Preflight procedures;
(c) Airport, seaplane base, and gliderport operations, as
applicable;
(d) Takeoffs (or launches), landings, and go-arounds:
(e) Performance maneuvers, and for gliders, performance speeds;
(f) Ground reference maneuvers (not applicable to gliders and
balloons);
(g) Soaring techniques (applicable to gliders only);
(h) Navigation;
(i) Slow flight and stalls (stalls not applicable to lighter-
than-air aircraft and gyroplanes);
(j) Emergency operations; and
(k) Post-flight procedures.
Section 55. What aeronautical experience must I have to apply
for a sport pilot certificate? Use the following table to determine
the experience you must have to apply for a sport pilot certificate
depending on aircraft category and class:

----------------------------------------------------------------------------------------------------------------
Then you must log Which must include
If you are applying for a sport pilot ----------------------------------------------------------------------
certificate with . . . at least . . . at least . . .
----------------------------------------------------------------------------------------------------------------
(a) Airplane category and single-engine 20 hours flight time, including at least (1) 2 hours cross-country
class privileges, 15 hours of flight training in a single- flight training;
engine airplane from an authorized (2) 10 takeoffs and
instructor and at least 5 hours solo landings to a full stop
flight training in areas of operation (with each landing
established in section 53 of this SFAR, involving a flight in the
traffic pattern) at an
airport;
(3) One solo cross-country
flight of at least 75
nautical miles total
distance, with a full stop
landing, and one segment
of the flight consisting
of a straight-line
distance of at least 25
nautical miles between the
takeoff and landing
locations; and
(4) 3 hours flight training
on those areas of
operation specified in
section 53 of this SFAR
preparing for the
practical test within 60
days before the date of
the test.
(b) Glider category privileges, and you 10 hours flight time in a glider, (1) 5 solo launches and
haven't logged 20 hours flight time in a including 10 flights in a glider landings; and
heavier-than-air aircraft, receiving flight training from an (2) 3 hours flight training
authorized instructor and at least 2 on those areas of
hours of solo flight time in the areas operation specified in
of operation listed in section 53 of section 53 of this SFAR
this SFAR, preparing for the
practical test within 60
days before the date of
the test.
(c) Glider category privileges, and you 3 hours flight time in a glider, (1) 3 solo launches and
have logged 20 hours flight time in a including 5 flights in a glider landings; and
heavier-than-air aircraft, receiving flight training from an (2) 3 hours flight training
authorized instructor and at least 1 on those areas of
hour solo flight training in the areas operation specified in
of operation listed in section 53 of section 53 of this SFAR
this SFAR, preparing for the
practical test within 60
days before the date of
the test.
(d) Rotocraft category and gyroplane 20 hours flight time, including 15 hours (1) 2 hours cross-country
class privileges, flight training in a gyroplane from an flight training;
authorized instructor and at least 5 (2) 10 takeoffs and
hours solo flight training in the areas landings to a full stop
of operation listed in section 53 of (with each landing
this SFAR, involving a flight in the
traffic pattern) at an
airport;
(3) One solo cross-country
flight of at least 50
nautical miles total
distance, with a full stop
landing, and one segment
of the flight consisting
of a straight-line
distance of at least 25
nautical miles between the
takeoff and landing
locations; and
(4) 3 hours flight training
on those areas of
operation specified in
section 53 of this SFAR
preparing for the
practical test within 60
days before the date of
the test.
(e) Lighter-than-air category and airship 20 hours flight time, including 15 hours (1) 2 hours cross-country
class privileges, flight training in an airship from an flight training;
authorized instructor at least 3 hours (2) 3 takeoffs and landings
performing the duties of pilot in to a full stop (with each
command in an airship with an landing involving a flight
instructor in the areas of operation in the traffic pattern) at
listed in section 53 of this SFAR, an airport;
(3) One cross-country
flight of at least 25
nautical miles between the
takeoff and landing
locations; and
(4) 3 hours flight training
on those areas of
operation specified in
section 53 of this SFAR
preparing for the
practical test within 60
days before the date of
the test.

[[Page 5406]]

(f) Lighter-than-air category and balloon 7 hours flight time in a balloon, (1) 2 hours cross-country
class privileges, including 3 training flights with an flight training;
authorized instructor and one flight (2) One solo cross-country
performing the duties of pilot in flight of at least 25
command in a balloon with an authorized nautical miles total
instructor in the areas of operation distance between takeoff
listed in section 53 of this SFAR, and landing locations; and
(3) 3 hours flight training
on those areas of
operation specified in
section 53 of this SFAR
preparing for the
practical test within 60
days before the date of
the test.
(g) Powered parachute category 20 hours flight time, including 15 hours (1) 2 hours cross-country
privileges, flight training in a powered parachute flight training;
from an authorized instructor and at (2) 10 takeoffs and
least 5 hours solo flight training in landings to a full stop
the areas of operation listed in (with each landing
section 53 of this SFAR, involving a flight in the
traffic pattern) at an
airport;
(3) One solo cross-country
flight of at least 25
nautical miles total
distance and one segment
of the flight consisting
of a straight-line
distance of at least 15
nautical miles between
takeoff and landing
locations; and
(4) 3 hours flight training
on those areas of
operation specified in
section 53 of this SFAR
preparing for the
practical test within 60
days before the date of
the test.
(h) Weight-shift-control aircraft 20 hours flight time, including 15 hours (1) 2 hours cross-country
category privileges, flight training in a weight-shift- flight training;
control aircraft from an authorized (2) 10 takeoffs and
instructor and at least 5 hours solo landings to a full stop
flight training in the areas of (with each landing
operation listed in section 53 of this involving a flight in the
SFAR, traffic pattern) at an
airport;
(3) One solo cross-country
flight of at least 75
nautical miles total
distance, with a full stop
landing, and one segment
of the flight consisting
of a straight-line
distance of at least 25
nautical miles between
takeoff and landing
locations; and
(4) 3 hours flight training
on those areas of
operation specified in
section 53 of this SFAR
preparing for the
practical test within 60
days before the date of
the test.
----------------------------------------------------------------------------------------------------------------

Section 57. What tests do I have to take to receive a sport
pilot certificate? To receive a sport pilot certificate you must
pass the following tests:
(a) Knowledge test. You must pass the required knowledge test on
the applicable aeronautical knowledge areas listed in section 51 of
this SFAR. Before you can take the knowledge test for a sport pilot
certificate you must receive a logbook endorsement certifying you
are prepared for the test from the authorized instructor who trained
you or reviewed and evaluated your home-study course on the
aeronautical knowledge areas listed in section 51 of this SFAR.
(b) Practical test. You must pass the required practical test on
the applicable areas of operation listed in sections 51 and 53 of
this SFAR that apply to the light-sport aircraft privilege you seek.
Before you can take the practical test for a sport pilot
certificate, you must receive a logbook endorsement from the
authorized instructor who provided you with flight training on the
areas of operation specified in sections 51 and 53 of this SFAR in
preparation for the practical test. This endorsement certifies you
meet the applicable aeronautical knowledge and experience
requirements and are prepared for the required practical test.
Section 59. Will my sport pilot certificate list light-sport
aircraft category and class ratings? No. Sport pilot certificates do
not list light-sport aircraft category and class ratings. When you
successfully pass the practical test for a sport pilot certificate,
regardless of the light-sport aircraft privilege you seek, FAA will
issue you a sport pilot certificate without any category and class
ratings. You will receive a logbook endorsement of the category,
class, and make and model aircraft you are authorized to operate.
Section 61. May I operate all categories, classes, and makes and
models of light-sport aircraft with my sport pilot certificate? No.
If you hold a sport pilot certificate, you must have a logbook
endorsement from an authorized instructor for each category, class,
or make and model of light-sport aircraft you operate.
Section 63. How do I obtain privileges to operate an additional
category or class of light-sport aircraft? To operate an additional
category or class of light-sport aircraft you must:
(a) Receive a logbook endorsement from the authorized instructor
who trained you on the areas of operation specified in sections 51
and 53 of this SFAR certifying that you have met the aeronautical
and knowledge experience requirements for the additional light-sport
aircraft privilege you seek;
(b) Successfully complete a proficiency check from an authorized
instructor other than the instructor who conducted your training on
the areas of operation specified in sections 51 and 89 of this SFAR
for the additional light-sport aircraft privilege you seek; and
(c) Receive a logbook endorsement certifying you are proficient
in the areas of operation and authorized for the additional light-
sport aircraft privilege.
Section 65. How do I obtain privileges to operate an additional
make and model of light-sport aircraft? To operate an additional
make and model of light-sport aircraft, you must receive a logbook
endorsement from the authorized instructor who provided you
aircraft-specific training for the additional light-sport aircraft
make and model privileges you seek, certifying you are proficient in
that make and model of light-sport aircraft.
Section 67. Must I carry my logbook with me in the aircraft? If
you hold a sport pilot certificate, you must carry your logbook or
documented proof of all required endorsements with you on all
flights. Documented proof includes a photocopy of the logbook
endorsements or a pre-printed form that includes the endorsements.

Privileges and Limits of Holders of a Sport Pilot Certificate

Section 71. What type of aircraft may I fly if I hold a sport
pilot certificate? If you hold a sport pilot certificate, you may
operate any light-sport aircraft, as defined in 14 CFR 1.1, for
which you have received the proper logbook endorsements.
Section 73. What are my limits for the operation of light-sport
aircraft? (a) If you

[[Page 5407]]

hold a sport pilot certificate, you must operate a light-sport
aircraft in accordance with 14 CFR part 91. You are limited to sport
and recreational flying only.
(b) You may not operate a light-sport aircraft:
(1) At night;
(2) In Class A airspace;
(3) In Class B, C, or D airspace, unless you have received
ground and flight training and a logbook endorsement from an
authorized instructor certifying you are authorized to exercise this
privilege;
(4) Outside the United States, unless you have prior
authorization from the country in which you seek to operate. Your
sport pilot certificate carries the limitation ``Holder does not
meet ICAO requirements;''
(5) That is used in a passenger-carrying airlift sponsored by a
charitable organization;
(6) At an altitude of more than 10,000 feet MSL or 2,000 feet
AGL, whichever is higher;
(7) When the flight or surface visibility is less than 3 statute
miles;
(8) Without visual reference to the surface;
(9) That exceeds a V_H of 87 knots CAS, unless you
have received ground and flight training and a logbook endorsement
from an instructor authorized to provide this training;
(10) Contrary to any operating limitation placed on the
airworthiness certificate of the aircraft being flown;
(11) Contrary to any limitation or endorsement on your pilot
certificate, airman medical certificate, U.S. driver's license, or
any other limitation or logbook endorsement from an authorized
instructor;
(12) While towing any object; or
(13) While carrying a passenger or property for compensation or
hire.
Section 75. May I demonstrate an aircraft in flight to a
prospective buyer? If you are a sport pilot and you are not an
aircraft salesperson, you may demonstrate an aircraft in flight to a
prospective buyer. However, if you are an aircraft salesperson; you
must hold a private pilot certificate and meet the requirements of
14 CFR 61.113(f).
Section 77. May I carry a passenger? Yes. As the holder of a
sport pilot certificate, you may carry one passenger.
Section 79. May I share operating expenses of a flight with a
passenger? Yes. You may share with a passenger the operating
expenses of a flight, including fuel, oil, airport expenditures, and
rental fees. However, you must pay at least half the operating
expenses of a flight.
Section 81. How do I obtain privileges to operate in Class B, C,
or D airspace? If you hold a sport pilot certificate and seek
privileges to operate in Class B, C, or D airspace, you must receive
and log ground and flight training from an authorized instructor who
provides a logbook endorsement. That endorsement must certify you
are proficient in the following aeronautical knowledge areas and
areas of operation:
(1) The use of radios, communications, navigation system/
facilities, and radar services;
(2) Operations at airports with an operating control tower to
include 3 takeoffs and landings to a full stop (with each landing
involving a flight in the traffic pattern) at an airport with an
operating control tower; and
(3) Applicable flight rules of part 91 for operations in Class
B, C, or D airspace and ATC clearances.
Section 83. How do I obtain privileges to operate a light-sport
aircraft that has a V_H greater than 87 knots CAS? If you
hold a sport pilot certificate and seek privileges to operate a
light-sport aircraft that has a V_H greater than 87 knots
CAS you must--
(a) Receive and log ground and flight training from an
authorized instructor in an aircraft that has a V_H
greater than 87 knots CAS; and
(b) Receive a logbook endorsement from an authorized instructor
certifying that you are proficient in the operation of this light-
sport aircraft.

Transitioning to a Sport Pilot Certificate

Section 91. How do I obtain a sport pilot certificate if I
already hold at least a private pilot certificate issued under 14
CFR part 61? (a) If you already hold at least a current and valid
private pilot certificate issued under 14 CFR part 61, and you seek
to exercise the privileges of a sport pilot certificate, you may do
so without any further showing of proficiency, subject to the
following limits:
(1) You are limited to the aircraft category and class ratings
listed on your existing pilot certificate when exercising your sport
pilot privileges;
(2) You must receive specific training for any make and model of
light-sport aircraft in which you have not acted as pilot-in-
command; and
(3) You must receive a logbook endorsement from the authorized
instructor who trained you and certified you are proficient in that
make and model of light-sport aircraft.
(b) If you want to exercise the privileges of a sport pilot for
a category or class for which you are not currently rated, you must
meet the applicable category and class requirements contained in
sections 51 through 57 of this SFAR.
Section 93. How do I obtain a sport pilot certificate if I do
not hold a pilot certificate issued under 14 CFR part 61, but I have
been flying ultralight vehicles under 14 CFR part 103? Use the
following table to determine how to obtain a sport pilot certificate
if you don't hold a pilot certificate issued under 14 CFR part 61,
but you have been flying ultralight vehicles under 14 CFR part 103:

----------------------------------------------------------------------------------------------------------------
If you are . . . Then you must . . . And those records must . .
--------------------------------------------------------------------------------------------------.-------------
(a) A registered ultralight pilot with an (1) Meet the eligibility requirements in
FAA-recognized ultralight organization sections 3 and 15 of this SFAR, but not
not later than 24 months after the the experience requirements in sections
effective date of the final rule, and 51, 53, and 55 of this SFAR;
you want to apply for a sport pilot (2) Pass the knowledge test and
certificate. practical test for a sport pilot
certificate; and
(3) Obtain a notarized copy of your (i) Document that you are a
ultralight pilot records from the FAA- registered ultralight
recognized ultralight organization, pilot with that FAA-
recognized ultralight
organization;
(ii) List each category and
class of ultralight
vehicle that the
organization recognizes
that you are qualified to
operate; and
(iii) Be presented when
applying for a sport pilot
certificate.
(b) A registered ultralight pilot with an (1) Meet the eligibility requirements in
FAA-recognized ultralight organization sections 3 and 15 of this SFAR;
after 24 months after the effective date (2) Meet the experience requirements in
of the final rule, and you want to apply sections 51, 53, and 55, of this SFAR,
for a sport pilot certificate, however you may credit your ultralight
flight and ground time in accordance
with section 177 of this SFAR toward
the experience requirements in sections
51, 53, and 55 of this SFAR;
(3) Pass the knowledge test and
practical test for a sport pilot
certificate; and

[[Page 5408]]

(4) Obtain a notarized copy of your (i) Document that you are a
ultralight pilot records from the FAA- registered ultralight
recognized ultralight organization, pilot with that FAA-
recognized ultralight
organization;
(ii) List each category and
class of ultralight
vehicle that the
organization recognizes
that you are qualified to
operate; and
(iii) Be presented when
applying for a sport pilot
certificate.
(c) Not a registered ultralight pilot (1) Meet the eligibility requirements in
with an FAA-recognized ultralight sections 3 and 15 of this SFAR;
organization, and you want to apply for (2) Meet the experience requirements in
a sport pilot certificate. sections 51, 53, and 55 of this SFAR;
and
(3) Pass the knowledge test and the
practical test for a sport pilot
certificate.
----------------------------------------------------------------------------------------------------------------

Section 95. How do I obtain a sport pilot certificate if I don't
hold a pilot certificate and have never flown an ultralight vehicle?
If you don't hold a pilot certificate and haven't flown an
ultralight vehicle, you must meet the applicable requirements of
sections 3, 15 and 51 through 57 of this SFAR to obtain a sport
pilot certificate.

Flight Instructor Certificate With a Sport Pilot Rating

Section 111. Must I hold an airman medical certificate? While
exercising the privileges of a flight instructor certificate with a
sport pilot rating and while acting as pilot in command of a light-
sport aircraft other than a glider or balloon, you must hold and
possess;
(a) A current and valid U.S. driver's license; or
(b) A current and valid airman medical certificate issued under
14 CFR part 67.
Section 113. What aeronautical knowledge requirements must I
meet to apply for a flight instructor certificate with a sport pilot
rating? (a) To apply for a flight instructor certificate with a
sport pilot rating, you must receive and log ground training on the
fundamentals of instruction from an authorized instructor on all of
the following:
(1) The learning process;
(2) Elements of effective teaching;
(3) Student evaluation and testing;
(4) Course development;
(5) Lesson planning; and
(6) Classroom training techniques.
(b) You do not have to comply with paragraph (a) of this section
if:
(1) You hold a flight instructor certificate or ground
instructor certificate issued under 14 CFR part 61;
(2) You hold a current teacher's certificate issued by a State,
county, city, or municipality; or
(3) You are employed as a teacher at an accredited college or
university.
(c) You must receive and log ground training from an authorized
instructor on the aeronautical knowledge areas applicable to a sport
pilot certificate.
Section 115. What training to meet flight proficiency
requirements must I have to apply for a flight instructor
certificate with a sport pilot rating? (a) To apply for a flight
instructor certificate with a sport pilot rating for all sport pilot
aircraft categories, you must receive and log flight and ground
training from an authorized instructor in the following areas of
operation:
(1) Technical subject areas;
(2) Pre-flight preparation;
(3) Pre-flight lesson on a maneuver to be performed in flight;
(4) Pre-flight procedures;
(5) Airport, seaplane base, and gliderport operations, as
applicable;
(6) Takeoffs (or launches), landings, and go-arounds;
(7) Fundamentals of flight;
(8) Performance maneuvers and for gliders performance speeds;
(9) Ground reference maneuvers (except for gliders and lighter-
than-air);
(10) Soaring techniques;
(11) Slow flight and stalls (stalls not applicable to lighter-
than-air and gyroplanes);
(12) Spins (applicable to airplanes, gliders, and weight-shift-
control aircraft);
(13) Emergency operations; and
(14) Post-flight procedures.
(b) [Reserved]
Section 117. What aeronautical experience must I have to apply
for a flight instructor certificate with a sport pilot rating? Use
the following table to determine the experience you must have for
each aircraft category and class:

----------------------------------------------------------------------------------------------------------------
If you are applying for a flight
instructor certificate with a sport pilot Then you must log at least . . . Which must include at
rating for . . . least . . .
----------------------------------------------------------------------------------------------------------------
(a) Airplane category and single-engine (1) 150 hours flight time as a pilot, (i) 100 hours flight time
class privileges, as pilot in command in
powered aircraft;
(ii) 50 hours flight time
in a single-engine
airplane;
........................................ (iii) 25 hours cross-
country flight time;
........................................ (iv) 10 hours cross-country
flight time in a single-
engine airplane; and
........................................ (v) 15 hours flight time as
pilot in command in a
single-engine airplane
that is a light-sport
aircraft.
(b) Glider category privileges, (1) 25 hours flight time as pilot in
command in a glider, 100 flights in a
glider, and 15 flights as pilot in
command in a glider that is a light-
sport aircraft; or
(2) 100 hours in heavier-than-air
aircraft, 20 flights in a glider, and
15 flights as pilot in command in a
glider that is a light-sport aircraft.
(c) Rotocraft category and gyroplane (1) 125 hours flight time as a pilot, (i) 100 hours flight time
class privileges. as pilot in command in
powered aircraft;
(ii) 50 hours flight time
in a gyroplane;
(iii) 10 hours cross-
country flight time;

[[Page 5409]]
(iv) 3 hours cross-country
flight time in a
gyroplane; and
(v) 15 hours flight time as
pilot in command in a
gyroplane airplane that is
a light-sport aircraft.
(d) Lighter-than-air category and airship (1) 100 flight time as a pilot, (i) 40 hours flight time in
class privileges, an airship;
(ii) 20 hours pilot in
command time in an
airship;
(iii) 10 hours cross-
country flight time;
(iv) 5 hours cross-country
flight time in an airship;
and
(v) 15 hours flight time as
pilot in command in an
airship that is a light-
sport aircraft.
(e) Lighter-than-air category and balloon (1) 35 hours flight time as pilot in- (i) 20 hours flight time in
class privileges, command, a balloon;
(ii) 10 flights in a
balloon; and
(iii) 5 flights as pilot in
command in a balloon that
is a light-sport aircraft.
(f) Weight-shift-control aircraft (1) 150 hours flight time as a pilot, (i) 100 hours flight time
category privileges, as pilot in command in
powered aircraft;
(ii) 50 hours flight time
in a weight-shift-control
aircraft;
(iii) 25 hours cross-
country flight time;
(iv) 10 hours cross-country
flight time in a weight-
shift-control aircraft;
and
(v) 15 hours flight time as
pilot in command in a
weight-shift-cotnrol
aircraft that is a light-
sport aircraft.
(g) Powered-parachute category (1) 100 hours flight time as a pilot, (i) 75 hours flight time as
privileges, pilot in command in
powered aircraft;
(ii) 50 hours flight time
in a powered parachute;
(iii) 15 hours cross-
country flight time;
(iv) 5 hours cross-country
flight time in a powered
parachute; and
(v) 15 hours flight time as
pilot in command in a
powered parachute that is
a light-sport aircraft.
----------------------------------------------------------------------------------------------------------------

Section 119. What tests do I have to take to get a flight
instructor certificate with a sport pilot rating? To obtain a flight
instructor certificate with a sport pilot rating, you must pass the
following tests:
(a) Knowledge test. Before you can take a knowledge test you
must receive a logbook endorsement from an authorized instructor
certifying that you are prepared for that knowledge test. You must
pass knowledge tests on:
(1) The fundamentals of instructing listed in section 113(a) of
this SFAR, unless you met the requirements of section 113(b) of this
SFAR; and
(2) The aeronautical knowledge areas required by section 113(c)
of this SFAR.
(b) Practical test. Before you can take the practical test for a
flight instructor certificate with a sport pilot rating, you must
receive a logbook endorsement certifying that you meet the
applicable aeronautical knowledge and experience requirements and
you are prepared for the practical test. You must receive this
endorsement from the authorized instructor who provided you the
flight training on the areas of operation specified in section 115
of this SFAR that apply to the light-sport aircraft privilege you
seek. You must also:
(1) Pass a practical test on the areas of operation listed in
section 115 of this SFAR that are appropriate to the flight
instructor privilege you seek;
(2) Pass a practical test in a light-sport aircraft that is
representative of the category and class of aircraft for the
privilege you seek;
(3) Receive a logbook endorsement from an authorized instructor
indicating that you are competent and possess instructional
proficiency in stall awareness, spin entry, spins, and spin recovery
procedures after you have received flight training in those training
areas in an airplane, glider, or weight-shift-control aircraft, as
appropriate, that is certificated for spins;
(4) Demonstrate you are able to teach stall awareness, spin
entry, spins, and spin recovery procedures in an airplane, glider,
or weight-shift-control aircraft, as appropriate. If you haven't
previously failed a test based on this requirement, and you provide
the endorsement required by paragraph (b)(3) of this section, an
examiner may accept it instead of the demonstration required by this
paragraph; and
(5) If you are taking a retest because you previously failed a
test based on the requirement of paragraph (b)(4) of this section,
you must pass a test on stall awareness, spin entry, spins, and spin
recovery instructional procedures in the applicable light-sport
aircraft that is certificated for spins.
Section 121. What records must I keep and for how long? (a) You
must keep records that include the name of:
(1) Each person whose logbook or student pilot certificate you
have endorsed for solo flight privileges, and the date of the
endorsement;
(2) Each person for whom you have provided an endorsement for a
knowledge test, practical test, or proficiency check and the record
must indicate the kind of test or check, the date, and the results;
(3) Each person whose logbook you have endorsed as proficient to
operate:
(i) An additional category or class of light-sport aircraft;
(ii) An additional make and model of light-sport aircraft;
(iii) In Class B, C, or D airspace; and
(iv) A light-sport aircraft with a V_H greater than 87
knots CAS; and
(4) Each person whose logbook you have endorsed as proficient to
provide flight training in an additional:
(i) Category or class of light-sport aircraft; and
(ii) Make and model of light-sport aircraft.
(b) You must keep the records listed in paragraph (a) of this
section for 3 years. You

[[Page 5410]]

may keep these records in a logbook or a separate document.
Section 123. Will my flight instructor certificate with a sport
pilot rating list light-sport aircraft category and class ratings?
No. A flight instructor certificate with a sport pilot rating does
not list light-sport aircraft category and class ratings. When you
successfully pass the practical test for a flight instructor
certificate with a sport pilot rating, regardless of the light-sport
aircraft privilege you seek, FAA will issue you a flight instructor
certificate with a sport pilot rating without any category and class
ratings. You will receive logbook endorsements for the category,
class, and make and model aircraft in which you are authorized to
provide training.
Section 125. Am I authorized to provide training in all
categories and classes of light-sport aircraft with my flight
instructor certificate with a sport pilot rating? No, you may
provide training only in a category and class of light-sport
aircraft for which you have received the proper endorsements. If you
hold a flight instructor certificate with a sport pilot rating, you
must have a logbook endorsement from an authorized instructor for
each additional category and class and for each additional make and
model of light-sport aircraft in which you provide training.
Section 127. How do I obtain privileges to provide flight
training in an additional category or class of light-sport aircraft?
To obtain privileges to provide flight training for an additional
category or class of light-sport aircraft, you must:
(a) Receive a logbook endorsement from the authorized instructor
who trained you as specified in section 115 of this SFAR for the
additional light-sport aircraft privilege you seek. This endorsement
certifies you have met the aeronautical and knowledge experience
requirements for the additional light-sport aircraft privilege you
seek; and
(b) Successfully complete a proficiency check from an authorized
instructor other than the instructor who trained you on the areas
specified in section 115 of this SFAR for the additional light-sport
aircraft privilege you seek. The authorized instructor will certify
in your logbook that you are proficient in the areas of operation
and authorized for the additional light-sport aircraft privilege.
Section 129. How do I obtain privileges authorizing me to
provide flight training in an additional make and model of light-
sport aircraft? To obtain privileges to provide flight training in
an additional make and model of light-sport aircraft, you must
receive a logbook endorsement from the authorized instructor who
provided you aircraft-specific training for the additional light-
sport aircraft make and model you seek. The endorsement certifies
you are proficient to provide flight training in that make and model
of light-sport aircraft.
Section 131. Do I need to carry my logbook with me in the
aircraft? Yes. You must carry your logbook or documented proof of
required endorsements with you while exercising the privileges of
your flight instructor certificate with a sport pilot rating.
Section 133. What privileges do I have if I hold a flight
instructor certificate with a sport pilot rating? You are
authorized, within the limitations of your flight instructor
certificate with a sport pilot rating, to provide training and
logbook endorsements for:
(a) A student pilot certificate to operate light-sport aircraft;
(b) A sport pilot certificate;
(c) A sport pilot privilege;
(d) A flight review for a sport pilot;
(e) A practical test for a sport pilot;
(f) A knowledge test for a sport pilot; and
(g) A proficiency check for an additional category or class and
make and model privilege for a sport pilot certificate or flight
instructor certificate with a sport pilot rating.
Section 135. What are the limits of a flight instructor
certificate with a sport pilot rating? If you hold a flight
instructor certificate with a sport pilot rating, you are subject to
the following limits:
(a) You may provide ground and flight training only in the
category, class, and make and model of light-sport aircraft for
which you have received the proper logbook endorsements for both
your pilot certificate and your flight instructor certificate;
(b) You must comply with the limitations established in
Secs. 61.87(n), 61.93(d), 61.195 (a), (d)(1)-(d)(3), and (d)(5);
(c) You must not provide flight training required for a sport
pilot certificate or privilege or a flight instructor certificate
with a sport pilot rating or privilege unless you have at least 5
hours of pilot-in-command time or aeronautical experience, or any
combination thereof, in the make and model of light-sport aircraft.
You must get the aeronautical experience as a registered pilot with
an FAA-recognized ultralight organization.
(d) You must not provide training for operations in Class B, C,
or D airspace, unless you have the endorsement specified in section
81 of this SFAR, or are otherwise authorized to conduct operations
in this airspace; and
(e) You must not provide training in a light-sport aircraft with
a V_H greater that 87 knots CAS, unless you have the
endorsement specified in section 83 of this SFAR or are otherwise
authorized to operate that aircraft.
Section 137. Are there any additional qualifications for
training first-time flight instructor applicants? No. You do not
have to comply with the requirements for training first-time flight
instructor applicants specified in 14 CFR 61.195(h).
Section 139. May I give myself an endorsement? No. If you hold a
flight instructor certificate with a sport pilot rating, you may
give yourself an endorsement for any certificate, privilege, flight
review, authorization, practical test, knowledge test, or
proficiency check required by 14 CFR part 61.

Transitioning to a Flight Instructor Certificate With a Sport Pilot
Rating

Section 151. What if I already hold a flight instructor
certificate issued under 14 CFR part 61 and want to exercise the
privileges of a flight instructor certificate with a sport pilot
rating? (a) If you already hold at least a current and valid flight
instructor certificate issued under 14 CFR part 61, and you seek to
exercise the privileges of a flight instructor certificate with a
sport pilot rating, you may do so without any further showing of
proficiency, subject to the following limits:
(1) You are limited to the aircraft category and class ratings
listed on your existing pilot certificate and flight instructor
certificate when exercising your flight instructor privileges;
(2) You must receive specific training for any make and model of
light-sport aircraft in which you have not acted as pilot in
command, and the instructor who conducted your training must endorse
your logbook certifying that you are proficient in that make and
model of light-sport aircraft; and
(3) You must comply with the requirement in section 135 of this
SFAR to have at least 5 hours of pilot in command time in the
specific make and model light-sport aircraft.
(b) If you want to exercise the privileges of your flight
instructor certificate in a category, class, or make and model of
light-sport aircraft for which you are not currently rated you must
meet the requirements contained in sections 127 and 129 of this
SFAR.
Section 153. What if I am only a registered ultralight
instructor with an FAA recognized ultralight organization? If you
are a registered ultralight instructor with an FAA-recognized
ultralight organization not later than [Date 36 months after the
effective date of the final rule.], and you want to apply for a
flight instructor certificate with a sport pilot rating:
(a) You must hold either a current and valid sport pilot
certificate or at least a current and valid private pilot
certificate issued under 14 CFR part 61;
(b) You must meet the eligibility requirements in sections 3 and
111 of this SFAR. You do not have to meet the experience
requirements in sections 113 through 117 of this SFAR, except as
specified in section 153(c) of this SFAR;
(c) You must have at least the minimum total pilot flight time
in the category and class of light-sport aircraft specified in
section 117 of this SFAR. You need not meet the pilot-in-command,
time in aircraft category and class, and cross-country pilot flight
time requirements specified in section 117 of this SFAR. You may
credit flight time as the operator of an ultralight vehicle in
accordance with the logging of flight and ground time requirements
under section 177 of this SFAR;
(d) You need not meet the aeronautical knowledge requirement
specified in section 113(a) of this SFAR or meet the exception
specified in section 113(b) of this SFAR if you have passed the
FAA's or an FAA-recognized ultralight organization's Fundamentals of
Instruction knowledge test;
(e) You must obtain and present upon application a notarized
copy of your ultralight pilot records from the FAA-recognized
ultralight organization. Those records must:
(1) Document that you are a registered ultralight flight
instructor with that FAA-recognized ultralight organization; and
(2) List each category and class of ultralight vehicle that the
organization recognizes that you are qualified to operate and
authorized to provide training in; and
(f) You must pass the knowledge test and practical test for a
sport pilot certificate.
Section 155. What if I've never provided flight or ground
training in an aircraft or an

[[Page 5411]]

ultralight vehicle? You must meet all of the applicable requirements
under sections 3 and 11 through 119 of this SFAR to apply for a
flight instructor certificate with a sport pilot rating.

Pilot Logbooks

Section 171. How do I log training time and aeronautical
experience? If you hold a sport pilot certificate or flight
instructor certificate with a sport pilot rating, you must document
and record training time and aeronautical experience according to 14
CFR 61.51 and the pilot logbook requirements of this SFAR.
Section 173. How do I log pilot-in-command flight time? If you
hold a sport pilot certificate you may log flight time as pilot in
command only when--
(a) You are the sole manipulator of the controls of an aircraft
for which you have privileges; or
(b) You are the sole occupant of the aircraft.
Section 175. May I use training time and aeronautical experience
logged as a sport pilot toward a higher certificate or rating issued
under 14 CFR part 61? Yes, you may use training time and
aeronautical experience documented as a sport pilot to meet the
requirements for a higher certificate or rating in accordance with
14 CFR 61.51 and sections 173, 177 and 179 of this SFAR.
Section 177. May I credit training time and aeronautical
experience logged as an ultralight operator toward a sport pilot
certificate? (a) You may credit training time and aeronautical
experience as the operator of an ultralight vehicle toward the
experience requirements of a sport pilot certificate if--
(1) You are a registered ultralight pilot with an FAA-recognized
ultralight organization; and
(2) Your ultralight training time and aeronautical experience is
documented in accordance with the provisions for logging training
and aeronautical experience specified by that organization.
(b) If you want to credit the training time and aeronautical
experience you have logged in an ultralight vehicle toward a sport
pilot certificate or flight instructor certificate with a sport
pilot rating, you can only do so in the same category and class of
light-sport aircraft. That is, if you have been flying a powered
parachute ultralight, you can apply your experience to the
requirements for a powered parachute light-sport aircraft, but not
to the requirements for a weight-shift-control light-sport aircraft.
Section 179. May I use aeronautical experience I obtained as the
operator of an ultralight vehicle to meet the requirements for a
higher certificate or rating issued under 14 CFR part 61? You may
not use aeronautical experience you obtained as the operator of an
ultralight vehicle to meet the requirements for a certificate or
rating specified in 14 CFR 61.5, except for that time credited to
meet the requirements for the issuance of a sport pilot certificate
under this SFAR.

Recent Flight Experience Requirements for a Sport Pilot Certificate or
a Flight Instructor Certificate With a Sport Pilot Rating

Section 191. What recent flight experience requirements must I
meet for a sport pilot certificate? If you hold a sport pilot
certificate, you must comply with the appropriate recent flight
experience requirements specified in 14 CFR 61.57.
Section 193. What are the flight review requirements for a sport
pilot certificate? If you hold a sport pilot certificate, you must
comply with the appropriate flight review requirements specified in
14 CFR 61.56.
Section 195. How do I renew my flight instructor certificate? To
renew your flight instructor certificate, you must comply with the
requirements specified in 14 CFR 61.197.
Section 197. What must I do if my flight instructor certificate
with a sport pilot rating expires? If your flight instructor
certificate with a sport pilot rating expires, you may exchange that
certificate for a new certificate by passing a practical test as
prescribed in section 119 of this SFAR. The FAA will reinstate any
privilege authorized by the expired certificate.

Ground Instructors

Section 211. What are the eligibility requirements for a ground
instructor certificate? You must meet the eligibility requirements
in 14 CFR 61.213 to be eligible for a ground instructor certificate
or rating.
Section 213. What additional privileges do I have if I hold a
ground instructor certificate with a basic ground instructor rating?
If you hold a ground instructor certificate with a basic ground
instructor rating, specified in 14 CFR 61.215(a), you are authorized
the following additional privileges:
(a) Ground training in the aeronautical knowledge areas required
for a sport pilot certificate or privileges under 14 CFR part 61;
(b) Ground training required for a sport pilot flight review;
and
(c) A recommendation for a knowledge test required for a sport
pilot certificate.
Section 215. What additional privileges do I have if I hold a
ground instructor certificate with an advanced ground instructor
rating? If you hold an advanced ground instructor rating, specified
in 14 CFR 61.215(b), you are authorized the following additional
privileges:
(a) Ground training in the aeronautical knowledge areas required
for any certificate or privileges under this SFAR;
(b) Ground training required for a sport pilot flight review;
and
(c) A recommendation for a knowledge test required for the
issuance of any certificate under this SFAR.
17. Amend Sec. 61.1 as follows:
a. Revise paragraphs (b)(2)(iii) and (b)(3)(i) introductory text;
b. Redesignate paragraphs (b)(3)(iii), (b)(3)(iv), and (b)(3)(v) as
paragraphs (b)(3)(v), (b)(3)(vi), and (b)(3)(vii); and
c. Add new paragraphs (b)(3)(iii) and (b)(3)(iv). The revisions and
additions read as follows:

Sec. 61.1 Applicability and definitions.

* * * * *
(b) * * *
(2) * * *
(iii) A person authorized by the FAA to provide ground training or
flight training under SFAR No. 89, SFAR No. 58, or parts 61, 121, 135,
or 142 of this chapter when conducting ground training or flight
training in accordance with that authority.
(3) * * *
(i) Except as provided in paragraphs (b)(3)(ii) through (b)(3)(vi)
of this section, time acquired during flight--
* * * * *
(iii) For the purpose of meeting the aeronautical experience
requirements (except for powered parachute category privileges) for a
sport pilot certificate time acquired during a flight--
(A) Conducted in an appropriate aircraft;
(B) That includes a point of landing that was at least a straight
line distance of more than 25 nautical miles from the original point of
departure; and
(C) That involves the use of dead reckoning, pilotage, electronic
navigation aids; radio aids, or other navigation systems to navigate to
the landing point.
(iv) For the purpose of meeting the aeronautical experience
requirements for a sport pilot certificate with powered parachute
privileges, or private pilot certificate with a powered parachute
category rating, time acquired during a flight--
(A) Conducted in an appropriate aircraft;
(B) That includes a point of landing that was at least a straight
line distance of more than 15 nautical miles from the original point of
departure; and
(C) That involves the use of dead reckoning, pilotage, electronic
navigation aids; radio aids, or other navigation systems to navigate to
the landing point.
* * * * *
18. Amend Sec. 61.5 by:
a. Redesignating paragraphs (a)(1)(ii) through (a)(1)(v) as
paragraphs (a)(1)(iii) through (a)(1)(vi);
b. Adding new paragraphs (a)(1)(ii), (b)(1)(vi) and (b)(1)(vii);
c. Redesignating paragraphs (b)(5) and (b)(6) as paragraphs (b)(6)
and (b)(7); and
d. Adding new paragraphs (b)(5) and (c)(5). The additions read as
follows:

Sec. 61.5 Certificates and ratings issued under this part.

(a) * * *
(1) * * *
(ii) Sport pilot.
* * * * *
(b) * * *
(1) * * *
(vi) Powered parachute.
(vii) Weight-shift-control aircraft.
* * * * *
(5) Weight-shift-control aircraft class ratings--

[[Page 5412]]

(i) Weight-shift-control aircraft land.
(ii) Weight-shift-control aircraft sea.
* * * * *
(i) * * *
(5) Sport pilot rating.
* * * * *
19. Amend Sec. 61.31 by revising paragraph (k)(2)(iii) to read as
follows:

Sec. 61.31 Type rating requirements, additional training, and
authorization requirements.

* * * * *
(k) * * *
(2) * * *
(iii) The holder of a pilot certificate when operating an aircraft
under the authority of an experimental or provisional aircraft type
certificate unless the operation involves carrying passengers;
* * * * *
20. Amend Sec. 61.99 by revising the introductory language to read
as follows:

Sec. 61.99 Aeronautical experience.

A person who applies for a recreational pilot certificate must
receive and log at least 30 hours of flight time that includes at
least:
* * * * *
21. Amend Sec. 61.101 by revising paragraphs (b) introductory text
and (c) introductory text, redesignating paragraphs (d) through (i) as
paragraphs (e) through (j), adding a new paragraph (d), and revising
newly designated paragraphs (e) introductory text, (e)(1), (e)(7) and
(e)(11) to read as follows:

Sec. 61.101 Recreational pilot privileges and limits.

* * * * *
(b) A person who holds a current and valid recreational pilot
certificate may act as pilot in command of an aircraft on a flight that
is within 50 nautical miles from the departure airport, provided that
person has:
* * * * *
(c) A person who holds a current and valid recreational pilot
certificate may act as pilot in command of an aircraft on a flight that
exceeds 50 nautical miles from the departure airport, provided that
person has:
* * * * *
(d) A person who holds a current and valid recreational pilot
certificate may act as pilot in command of an aircraft in Class B, C,
or D airspace, provided that person has:
(1) Received and logged ground and flight training from an
authorized instructor on the following aeronautical knowledge areas and
areas of operation, as appropriate to the aircraft rating held:
(i) The use of radios, communications, navigation system/
facilities, and radar services;
(ii) Operations at airports with an operating control tower to
include 3 takeoffs and landings to a full stop (with each landing
involving a flight in the traffic pattern) at an airport with an
operating control tower; and
(iii) Applicable flight rules of part 91 of this chapter for
operations in Class B, C, or D airspace and air traffic control
clearances.
(2) Been found proficient on ground and flight training
requirements in paragraph (d)(1) of this section; and
(3) Received from an authorized instructor a logbook endorsement,
which is carried on the person's possession in the aircraft, that
certifies the person has received and been found proficient on the
required ground and flight training in paragraph (d)(1) of this
section.
(e) Except as provided in paragraphs (d) and (i) of this section, a
recreational pilot may not act as pilot in command of an aircraft:
(1) That is certificated--
(i) For more than four occupants;
(ii) With more than one powerplant;
(iii) With a powerplant of more than 180 hp; or
(iv) With retractable landing gear.
* * * * *
(7) In Class A, B, C, or D airspace;
* * * * *
(11) On a flight outside the United States, unless authorized by
the country in which the flight is conducted;
* * * * *
22. Amend Sec. 61.107 by adding paragraphs (b)(9) and (b)(10) to
read as follows:

Sec. 61.107 Flight proficiency.

* * * * *
(b) * * *
(9) For a powered parachute category rating:
(i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport operations;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Night operations, except as provided in Sec. 61.110;
(x) Emergency operations; and
(xi) Post-flight procedures.
(10) For a weight-shift-control aircraft category rating:
(i) Preflight preparation;
(ii) Preflight procedures;
(iii) Airport and seaplane base operations, as applicable;
(iv) Takeoffs, landings, and go-arounds;
(v) Performance maneuvers;
(vi) Ground reference maneuvers;
(vii) Navigation;
(viii) Slow flight and stalls;
(ix) Night operations, except as provided in Sec. 61.110;
(x) Emergency operations; and
(xi) Post-flight procedures.
23. Amend Sec. 61.109 by:
a. Revising the reference ``paragraph (i)'' to read ``paragraph
(j)'' the introductory text of paragraphs (a), (b), (c), (d), and (e);
b. Revising the reference ``paragraphs (i)(2)'' to read ``paragraph
(j)(2)'' in paragraph (i)(1);
c. Redesignating paragraph (i) as paragraph (j); and
d. Adding a new paragraph (i).
The addition reads as follows:

Sec. 61.109 Aeronautical experience.

* * * * *
(i) Use the following table to determine the aeronautical
experience requirements for a powered parachute rating and a weight-
shift-control aircraft rating:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Except as provided in paragraph (k) of this
section, a person who applies for a private Must log at least 40 hours flight time that And the training must include at least. . .
pilot certificate with. . . includes at least. . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) A powered parachute category rating, 20 hours flight training from an authorized (i) Three hours cross-country flight training in a powered
instructor and 10 hours solo flight parachute;
training in the areas listed in Sec. (ii) Except as provided in Sec. 61.110, 3 hours night
61.107(b)(9), flight training in a powered parachute that includes:
(A) One cross-country flight over 25 nautical miles total
distance; and
(B) Ten takeoffs and landings (with each landing involving a
flight in the traffic pattern) at an airfield;

[[Page 5413]]
(iii) Three hours flight training in preparation for the
practical test in a powered parachute, which must have been
performed within the 60-day period preceding the date of
the test; and
(iv) Ten hours solo flight time in a powered parachute,
consisting of at least--
(A) Three hours solo cross-country time;
(B) One solo cross-country flight over 50 nautical miles
total distance, with one segment of the flight being a
straight line distance of at least 25 nautical miles
between takeoff and landing locations; and
(C) Three takeoffs and 3 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an
airport with an operating control tower.
(2) A weight-shift-control rating, 20 hours flight training from an authorized (i) Three hours cross-country flight training in a weight-
instructor and 10 hours solo flight shift-control aircraft;
training in the areas listed in Sec. (ii) Except as provided in Sec. 61.110, 3 hours night
61.107(b)(10), flight training in a weight-shift-control aircraft that
includes:
(A) One cross-country flight over 100 nautical miles total
distance; and
(B) Ten takeoffs and landings (with each landing involving a
flight in the traffic pattern) at an airport;
(iii) Three hours flight training in preparation for the
practical test in a weight-shift-control aircraft, which
must have been performed within the 60-day period preceding
the date of the test; and
(iv) Ten hours solo flight time in a weight-shift-control
aircraft, consisting of at least--
(A) Five hours solo cross-country time;
(B) One solo cross-country flight over 150 nautical miles
total distance, with landings at a minimum of three points,
and one segment of the flight being a straight line
distance of at least 50 nautical miles between takeoff and
landing locations; and
(v) Three takeoffs and landings (with each landing involving
a flight in the traffic pattern) at an airport with an
operating control tower.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
24. Amend Sec. 61.195 by revising paragraph (b) introductory text,
and adding a new paragraph (k) to read as follows:

Sec. 61.195 Flight instructor limitations and qualifications.

(b) Aircraft ratings. Except as provided in paragraph (k) of this
section, a flight instructor may not conduct flight training in any
aircraft for which the flight instructor does not hold:
* * * * *
(k) Weight-shift-control aircraft and powered parachute ratings. A
flight instructor who provides training for a private pilot certificate
with a weight-shift-control aircraft rating or powered parachute rating
must hold at least a flight instructor certificate with a sport pilot
rating and a private pilot certificate with a category and class rating
appropriate to the aircraft in which the training is provided.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

25. The authority citation for part 65 continues to read as
follows:

Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

26. Amend Sec. 65.101 by revising paragraph (b) to read as follows:

Sec. 65.101 Eligibility requirements: General.

* * * * *
(b) This section does not apply to a repairman certificate
(experimental aircraft builder) under Sec. 65.104 or to a repairman
certificate (light-sport aircraft) under Sec. 65.107.
27. Add Sec. 65.107 to subpart E to read as follows:

Sec. 65.107 Repairman certificate (light-sport aircraft): Eligibility,
privileges and limits.

(a) Use the following table to determine the eligibility
requirements for a repairman certificate (light-sport aircraft):

----------------------------------------------------------------------------------------------------------------
To be eligible for . . . You must . . .
----------------------------------------------------------------------------------------------------------------
(1) A repairman certificate (light-sport aircraft): (i) Be at least 18 years of age;
(ii) Be able to read, speak, write, and understand
English. If for medical reasons you can't meet one of
these requirements, the FAA may place limitations on your
repairman certificate necessary to safely perform the
actions authorized by the certificate and rating;
(iii) Demonstrate the requisite skill to determine whether
a light-sport aircraft is in a condition for safe
operation; and
(iv) Be a citizen of the United States, or a citizen of a
foreign country who has lawfully been admitted for
permanent residence in the United States.

[[Page 5414]]

(2) A repairman certificate (light-sport aircraft) (i) Meet the requirements of paragraph (a)(1) of this
with an inspection rating: section; and
(ii) Complete a 16-hour training course acceptable to the
FAA on the inspection requirements of the particular make
and model of light-sport aircraft for which you intend to
exercise the privileges of this rating.
(3) A repairman certificate (light-sport aircraft) (i) Meet the requirements of paragraph (a)(1) of this
with a maintenance rating: section; and
(ii) Complete an 80-hour training course acceptable to the
FAA on the maintenance requirements of the particular
category of light-sport aircraft for which you intend to
exercise the privileges of this rating.
----------------------------------------------------------------------------------------------------------------

(b) The holder of a repairman certificate (light-sport aircraft)
with a inspection rating may perform a condition inspection on an
aircraft owned by the holder with an experimental certificate issued
under Sec. 21.191(i) of this chapter, provided that person has
completed the training specified in paragraph (a)(2)(ii) of this
section on the same make and model of light-sport aircraft to be
inspected; and
(c) The holder of a repairman certificate (light-sport aircraft)
with a maintenance rating may perform maintenance on a light-sport
aircraft that has a special airworthiness certificate issued under
Sec. 21.186 or Sec. 21.191(i) of this chapter, provided that person has
completed the training specified in paragraph (a)(3)(ii) of this
section on the same category of light-sport aircraft on which
maintenance is to be performed. To perform a major repair the holder
must complete training acceptable to the Administrator appropriate to
the repair performed.
(d) Section 65.103 does not apply to the holder of a repairman
certificate (light-sport aircraft) while performing under that
certificate.

PART 91--GENERAL OPERATING AND FLIGHT RULES

28. The authority citation for part 91 continues to read as
follows:

Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-56507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).

29. Amend Sec. 91.1 by revising paragraph (b) to read as follows:

Sec. 91.1 Applicability.

* * * * *
(b) Each person operating an aircraft in the airspace overlying the
waters between 3 and 12 nautical miles from the coast of the United
States must comply with Secs. 91.1 through 91.21; Secs. 91.101 through
91.143; Secs. 91.151 through 91.159; Secs. 91.167 through 91.193;
Sec. 91.203; Sec. 91.205; Secs. 91.209 through 91.217; Sec. 91.221;
Secs. 91.303 through 91.319; Secs. 91.323 through 91.327; Sec. 91.605;
Sec. 91.609; Secs. 91.703 through 91.715; and Sec. 91.903.
* * * * *
30. Amend Sec. 91.113 by revising paragraphs (d)(2) and (d)(3) to
read as follows:

Sec. 91.113 Right-of-way rules: Except water operations.

* * * * *
(d) * * *
(2) A glider has the right of way over an airship, powered
parachute, weight-shift-control aircraft, airplane, or rotorcraft.
(3) An airship has the right of way over a powered parachute,
weight-shift-control aircraft, airplane, or rotorcraft.
* * * * *
31. Amend Sec. 91.126 by revising paragraph (b)(2) to read as
follows:

Sec. 91.126 Operating on or in the vicinity of an airport in Class G
airspace.

(b) * * *
(2) Each pilot of a helicopter or a powered parachute must avoid
the flow of fixed wing aircraft.
* * * * *
32. Amend Sec. 91.131 by redesignating paragraph (b)(1)(ii) as
(b)(1)(iii), adding new paragraph (b)(1)(ii), and revising paragraph
(b)(2) to read as follows:

Sec. 91.131 Operations in Class B airspace.

* * * * *
(b) * * *
(1) * * *
(ii) The pilot in command holds a sport pilot certificate and has
met the requirements of section 81 of SFAR 89; or
* * * * *
(2) Notwithstanding the provisions of paragraph (b)(1)(iii) of this
section, no person may take off or land a civil aircraft at those
airports listed in section 4 of Appendix D of this part unless the
pilot in command holds at least a private pilot certificate; or a sport
pilot certificate and has met the requirements of section 81 of SFAR
89.
* * * * *
33. Amend Sec. 91.155 by revising paragraph (b)(2) to read as
follows:

Sec. 91.155 Basic VFR weather minimums.

(b) * * *
(2) Airplane, powered parachute, or weight-shift-control aircraft.
If visibility is between 1 and 3 statute miles during night hours, and
you are operating in an airport traffic pattern within one-half mile of
the runway, you may operate an airplane, powered parachute, or weight-
shift-control aircraft clear of clouds.
* * * * *
34. Amend Sec. 91.213 by revising paragraph (d)(1)(i) to read as
follows:

Sec. 91.213 Inoperative instruments and equipment.

* * * * *
(d) * * *
(1) * * *
(i) Rotorcraft, non-turbine powered airplane, glider, lighter-than-
air aircraft, or light-sport aircraft, for which a Master Minimum
Equipment List has not been developed; or
* * * * *
35. Amend Sec. 91.319 by revising paragraph (a)(2) and adding
paragraph (f) to read as follows:

Sec. 91.319 Aircraft having experimental certificates: Operating
limitations.

(a) * * *
(2) Carrying persons or property for compensation or hire except
while conducting flight training in an aircraft issued an airworthiness
certificate under Sec. 21.191(i)(1) of this chapter.
* * * * *
(f) The FAA may issue deviation authority providing relief from the
compensation provisions of this section for the purpose of flight
training. The FAA will issue this deviation authority as a Letter of
Deviation Authority.
(1) The FAA may cancel or amend a Letter of Deviation Authority at
any time.
(2) Submit a request for deviation authority to the FAA at least 60
days before the date of intended operations. A request for deviation
authority must contain a complete description of the proposed operation
and justification for the deviation requested.
36. Add Sec. 91.327 to read as follows:

[[Page 5415]]

Sec. 91.327 Aircraft having special light-sport category airworthiness
certificates: Operating limitations.

(a) No person may operate an aircraft that has a special
airworthiness certificate in the light-sport category--(1) For other
than the purpose for which the certificate was issued;
(2) Carrying persons or property for compensation or hire, except
while operating the aircraft for the purpose of conducting flight
training or for rental;
(3) Unless the aircraft is maintained in accordance with the
aircraft manufacturer's maintenance and inspection procedures by a
certificated repairman with a light-sport aircraft-maintenance rating,
an appropriately rated mechanic, or an appropriately rated repair
station;
(4) Unless a condition inspection is performed once every 12
calendar months in accordance with the aircraft manufacturer's
maintenance and inspection procedures by a certificated repairman with
a light-sport aircraft-maintenance rating, an appropriately rated
mechanic, or an appropriately rated repair station; and
(5) Unless the owner or operator complies with the provisions of a
program for monitoring and correcting the safety of flight issues
specified by--
(i) The manufacturer in the statement of compliance for the
aircraft; or
(ii) A person acceptable to the FAA, provided the program meets a
consensus standard.
(b) No person may operate an aircraft that has a special
airworthiness certificate in the light-sport aircraft category for
flight instruction unless--
(1) The person complies with the provisions of paragraph (a) of
this section; and
(2) A certificated repairman with a light-sport aircraft-inspection
rating or light-sport aircraft-maintenance rating, a certificated
mechanic with airframe and powerplant ratings, or an appropriately
rated repair station performs a condition inspection within the
preceding 100 hours of aircraft time in service, as specified in the
aircraft manufacturer's maintenance inspection procedures.
(c) The FAA may prescribe additional limitations necessary for
operation of the aircraft.
37. Amend Sec. 91.409 by revising paragraph (c)(1) to read as
follows:

Sec. 91.409 Inspections.

* * * * *
(c) * * *
(1) An aircraft that carries the following special airworthiness
certificates: special flight permit, light-sport aircraft, current
experimental, or provisional;
* * * * *

Issued in Washington, DC, on January 25, 2002.
Louis C. Cusimano,
Acting Director, Flight Standards Service.
[FR Doc. 02-2302 Filed 1-30-02; 8:45 am]
BILLING CODE 4910-13-P

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