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Federal Administration Aviation Rulemaking Advisory Committee

General Aviation Certification and Operations Issue Area Part 103 (Ultralight ) Working Group Task 1 – Ultralight Vehicles

47172· Federal Register I Vol. 58. "No. 171 I Tuesday, September 7, 1993 1 NcKAG'eS

WashiDgton. OC Z059t, Telepbeae: (202) 1.67..;a150; FAX: (202} 267-5230. be reviewed with the ARAC Assistant Chair for General Aviation Operations SUPPLEMENTARY INFORMATION: The Issues and the Chair of the Part 103 Federal Aviation Administndioo (FAAJ (Ultralight Vehicles) Working Group, has established an Aviation Ru1emaking and the individual will be advised Advisory Committee (ARAC) (56 FR whether or not the request can be 2190, January 22. 1991; and 58 FR 9230, accommodated. February 19,1993). One8188theARAC. The Secretary of Transportation has deals with is general aviatiCIIl operations determined that the fonnation and use issues. These issues involve the . of the ARAC are necessary in the public operation of general aviation abaaft interest in connection with the and ~rtification of airmen. The Part 103 performance of duties of the FAA by (Ultralight Vehicles) Working Group is . law. Meetings of the ARAC to consider being formed to review part 103 of the l general aviation operations issues will Federal Aviation Regulations (FAR). . be open to the public except as The Part t03 (UitraliAAt Vehicles) authoriZed by section lO(d) of the Working Group willlorward Federal Advisory Committee Act. recommendations to the ARAC. whk:h · Meetings of the Part 103 (Ultralight will determine whether to forward them Vehicles) Working Group will not be to the FAA. open to the public except to the extent Specifically. the Worldng Group'& task that individuals with an interest and is the following: The Part 103 (UltlaHght expertise 8re selected to participate. No Vehicles) Working Group Is charged public announcement of Working Group with reviewing part 103 oftbe FAR and meetings will be made. making a recotnmendation to the ARAC concerning whether new or 1'9Vl8ed Issued In Washington, DC, on August 30, standards are approprlate.IR reviewing . 1993. part 103, the working group should llonMyrea, consider: . Assistant Executive Director for General (a) United States Operations Issues, Aviation AS&OCiation's petition to amend part 103 Rulemaldng Advisory Committee. (Docket No. 25591) and ell comments [FR Doc. 93-216~1 Filed 9-3-93; 8:45 am] submitted regardin~ the petition; 81ld 8IWNQ COOl ...,.. , .... (b) Adding defimtions&nd operating rules to apply to . If tlw ARAC detennines that a Notice of Proposed Rulemaking or Advisory Circular would be appropriate, those documents are to be submitted in the fonnat prescribed by the FAA. Reports A. The Working Group •~uld recommend time line{s) for completion of the task, including tbe rationale, for consideration at the meeting or the ARAC 1D consider general avlaUon Aviation Rutemaking Advisory operations issues beld followins Committee; Part 1G3 (Uttralight publication of this notice. Vehicles} Working Group B. The Working Group will give e status report on the task at each meeting AGENCY: Federal Aviation of the ARAC held to consider general Administration (FAA), DOT. aviation operations i~&ues. ACTION: Notice of establishment of Part The Part 103 (Ultralight Vehicles) 103 (Ultralight Vehicles) Working Working Group will be comprised or Group. experts from those organizations having an interest in the tasks aesigned. A SUMMARY: Notice is given of the Working Group member need not establishment of the Part 103 (Ultralight necessarily be a representatiYe of one of Vehicles) Working Group of the the member organizations of the ARAC. Aviation Rulemaking Advisory An individual who has expertitle in tbe Committee (ARAC). This notice infonns subject matter and wishes to becOme a the public of the activities of the ARAC member of the WorldngGroup shouJd 'n general aviation operations issues. write the person listed under the JR FURTHER INFORMATION CONTACT: Mr. caption FOR FURTHER 1NFOAMA110N .Kon Myres, Assistant Executive Director CONTACT expressing that desire, for General Aviation Operations Issue&, describing his or her lntere&t in the task, Standards Service (AFS--850), 800 and the expertise he or she would bring Independence Avenue, SW., to the Working Group. The request will Federal Register I Vol. 60, No. 123 I Tuesday, June 27, 1995 I Notices 33247

Aviation Rulemaking Advisory new or revised standards, under part 103 or a member of the working group should other regulations that may be affected, are write to the person listed Wlder the Committee; General Aviation appropriate. In reviewing part 103, the ARAC Operations Issues-Revised Task . should consider: caption FOR FURTHER INFORMATION a. United States Ultralight Association's CONTACT expressing that desire, AGENCY: Federal AViation . petition to amend part 103 (Docket No. describing his or her interest in the task, Administration (FAA), DOT. ! 25591) and all comments submitted .and stating the expertise he or she ACTION: Notice of revised task regarding the petition; and would bring to the working group. The assignment for the Aviation Rulemaking b. Adding definitions and operating rules · request will be reviewed by the assistant Advisory Committee (ARAC). . to apply to rotorcraft. chair, the assistant executive director, The FAA also has asked that ARAC and the working group chair, and the SUMMARY: Notice is given of a change in · the task assigned to and accepted by the determine if tulemaking action (e.g., individual will be advised whether or Aviation Rulemaking Advisory NPRM) should be taken or advisory not the request can be accommodated. Committee (ARAC). This notice. informs matenal should be issued. If so, ARAC The Secretary of Transportation has the public of the activities of ARAC. has been asked to prepare the necessary determined that the formation and use documents, including economic . of ARAC are necessary and in the public FOR FURTHER INFORMATION CONTACT: interest in connection with the Mr. Louis C. Cusimano, Assistant analysis, to justify and carry out its recommendation(s). performance of duties imposed on the Executive Director for General Aviation FAA bylaw. Operations Issues, Aviation Rulemaking AR.Ac Acceptance of Revised Task Advisory Committee, Flight Standards Meetings of ARAC will be open to the ARAC has aecepted the revised task public, except as authorized by section Service (AFS-800), 800 Independence and has chosen to assign it to the Avenue, SW., Washington, DC 20591, 10(d) of the Federal Advisory existing Part 103 (Ultralight Vehicles) Commitlee Ad. Meetings ofthe Part 103 telephone (202) 267-8452; fax (202) Working Group. The working group will 267-5094. (Ultralight Vehicles) Working Group serve as staff to ARAC to assist ARAC will not be open to the public, except SUPPLEMENTARY INFORMATION: in the analysis of the assigned task. to the extent that individuals with an Working group recommendations must Background .interest and expertise are selected to be reviewed and approved by ARAC. If participate. No public announcement of The FAA has establishud an Aviation ARAC accepts the working group's working group meetings will be made. Rulemaking Advisory Committee to recommendations, it forwards them to Issued in Washington, DC, on June 16, · provide advice and recommendations to the FAA as ARAC recommendations. 1995. . the FAA Administrator, through the Associate Administrator for Regulation Working Group Activity Leuis C. Cusimano, and Certification, on the full range of The Part 103 (Ultralight Vehicles) Assistant Executive Director for GenE·ral the FAA's rulemaking activities with Working Group is expected to comply Aviation Operations Issues, Aviation respect to aviation-related issues .. This · with the procedures adopted .by ARAC. Rulemaking Advisory Committee. includes obtaining advice and As part of the procedures, the Working [FR Doc. 95-15726 Filed 6-26-95; 8:45am) recommendations on the FAA's group is expected to: BILUNG CODE 411D-13-M commitment to harmoni2;e its Federal ·1. Recommend a work plan for Aviation Regulations (FAR) and completion of the tasks, including the practices with its trading partners in rationale supporting such a plan, for Europe and Canada. consideration by ARAC. One area ARAC deals with is general 2. Give a detailed conceptual aviation operations issue:~. These issues presentation of the proposed involve the operation of general aviation recommendations, prior to proceeding and certification ofairmen in 14 with the work stated in item 3 below. CFR parts 61, 91, 103, 125, 133, 137,141, . 3. For each task, draft appropriate and 143. regulatory documents with supporting .economic and other required analyses, The Revised Task and/or any other related guidance This notice is to inform the public material or collateral documents the that the FAA has revised a taSk working group determines to be previously assigned to ARAC. The appropriate; or, if new or revised· . revised task has been accepted by requirements or compliance methods ARAC. The FAA has asktld ARAC to · are not recommended, a draft report provide advice and recommendation on stating the rationale for not making such the following revised task: recommendations. 4. Provide a status report at each Part 103 (Ultralight Vehicles): Review part 103 ofthe Federal Aviation Regulations and meeting of ARAC held to consi~er make a recommendation. to the Federal general aviation operations issues. Aviation Administration concerning whether Participation in the Working Group The Part 103 (Ultralight Vehicles) Working Group is composed of experts having an interest in the assigned task. A working group member need not be a representative of a member of the full committee. . . . An individual whC? has expertise in the subject matt~r and wishes t~ become

. . -~ .. Recommendation: In December 1999, ARAC referred project to FAA. FAA Action: Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft; NPRM: FAA-2001-11333 Final Rule -- FAA-2001-11133 Tuesday, July 27, 2004

Part III

Department of Transportation Federal Aviation Administration

14 CFR Parts 1, 21, et al. Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft; Final Rule

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DEPARTMENT OF TRANSPORTATION parts 43 and 65), contact Bill O’Brien, shortly after publication of the rule in Aircraft Maintenance Division (AFS– the Federal Register. The FAA could Federal Aviation Administration 305), Federal Aviation Administration, then provide the public with many of 800 Independence Ave., SW., the benefits of the rule while 14 CFR Parts 1, 21, 43, 45, 61, 65, and Washington, DC 20591; telephone (202) concurrently carrying out a plan for 91 267–3796. implementing other portions of the rule. [Docket No. FAA–2001–11133; Amendment In addition, information on the The plan will contain milestones for No. 1–53; 21–85; 43–39; 45–24; 61–110; 65– implementation of this rule is available completion of the specific guidance, 45; 91–282] on http://AFS600.faa.gov. policy, and infrastructure necessary for SUPPLEMENTARY INFORMATION: the public to conduct operations and RIN 2120—AH19 seek certification under the new Availability of Rulemaking Documents regulations. Selection of this option, for Certification of Aircraft and Airmen for You can get an electronic copy using example, will permit currently the Operation of Light-Sport Aircraft the Internet by— certificated pilots to take advantage of AGENCY: Federal Aviation (1) Searching the Department of many of the benefits of the new rule, Administration (FAA), DOT. Transportation’s (DOT) electronic such as those provisions relating to the Docket Management System (DMS) Web ACTION: Final rule. exercise of sport pilot privileges without page (http://dms.dot.gov/search). the necessity of holding an airman SUMMARY: The FAA is creating a new (2) Visiting the FAA Office of medical certificate. The infrastructure to rule for the manufacture, certification, Rulemaking’s Web page at http:// implement other provisions of the rule operation, and maintenance of light- www.faa.gov/avr/arm/index.cfn. can be developed during this period. sport aircraft. Light-sport aircraft weigh (3) Accessing the Government Due to the agency’s intent to provide less than 1,320 pounds (1,430 pounds Printing Office’s Web page at http:// the public with as many of the benefits _ for aircraft intended for operation on www.access.gpo.gov/su docs/aces/ of the rule as soon as possible, the water) and are heavier and faster than aces140.html. agency has established a single effective ultralight vehicles and include You can also get a copy by submitting date of September 1, 2004 for the final , gliders, , powered a request to the Federal Aviation rule. Shortly after publication of this parachutes, weight-shift-control aircraft, Administration, Office of Rulemaking, rule, the FAA will post an and gyroplanes. This action is necessary ARM–1, 800 Independence Avenue implementation plan for the rule on the to address advances in sport and SW., Washington, DC 20591, or by FAA Sport Pilot and Light-Sport recreational aviation technology, lack of calling (202) 267–9680. Identify the Aircraft Web site, http://www.faa.gov/ appropriate regulations for existing amendment number or docket number avr/afs/ sportpilot or http:// aircraft, several petitions for of this rulemaking. AFS600.faa.gov. The FAA recognizes You may search the electronic form of rulemaking, and petitions for that persons seeking certification as all comments received into any of our exemptions from existing regulations. airmen under the rule or seeking the dockets by the name of the individual The intended effect of this action is to certification of light-sport aircraft under submitting the comment (or signing the provide for the manufacture of safe and the rule will not be able to obtain such comment, if submitted on behalf of an economical certificated aircraft that certification immediately after the rule’s association, business, or labor union, exceed the limits currently allowed by effective date. The FAA, however, will etc.). You may review DOT’s complete ultralight regulation, and to allow work closely with the sport aviation Privacy Act statement in the April 11, operation of these aircraft by certificated community and those organizations that 2000 Federal Register (65 FR 19477) or pilots for sport and recreation, to carry support its members to ensure that each at http://dms.dot.gov. a passenger, and to conduct flight milestone on the FAA’s implementation training and towing in a safe manner. Implementation Information plan is met and that information regarding implementation of the rule is DATES: Effective September 1, 2004. The FAA spent a considerable amount made available in a timely manner. FOR FURTHER INFORMATION CONTACT: For of time determining the effective date of The FAA has also reissued questions on airman certification and the final rule. Based on a review of the exemptions to the Experimental Aircraft operational issues (parts 1, 61, and 91 of planning and scheduling of the tasks Association (EAA), the United States title 14, Code of Federal Regulations (14 necessary to support the development of Ultralight Organization (USUA), and CFR)), contact Susan Gardner, Flight the infrastructure to implement the final Aero Sports Connection (ASC) that Standards Service, General Aviation and rule, the agency believes that it had two address flight training in ultralight Commercial Division (AFS–800), options in determining this date. The vehicles. These revised exemptions Federal Aviation Administration, 800 first option was to establish the effective from certain provisions of 14 CFR part Independence Ave., SW., Washington, date of the rule after all of the guidance, 103 contain an expiration date of DC 20591; telephone 907–271–2034 or policy, and infrastructure was in place January 31, 2008. This date coincides 202–267–8212. to implement the rule. The FAA with the date established to transition For questions on aircraft certification considered the economic impact of existing ultralight training vehicles, and identification (14 CFR parts 21 and delaying the implementation of the rule single and two-place ultralight-like 45), contact Scott Sedgwick, Aircraft while waiting for all of this material to aircraft, and ultralight operators and Certification Service, Small be completed and believes that such instructors to the provisions of the final Directorate (ACE–100), Federal Aviation action would not be in the best interest rule. Administration, 901 Locust Street, of those persons affected by the rule. Kansas City, MO 64106; telephone 816– Additionally, the complexity of the rule Small Business Regulatory Enforcement 329–2464; fax 816–329–4090; e-mail 9– and the interrelationship among many Fairness Act ACE–AVR–SPORTPILOT– of its new provisions makes the use of The Small Business Regulatory [email protected]. more than a single effective date for the Enforcement Fairness Act (SBREFA) of For questions on aircraft maintenance rule difficult to implement. The second 1996 requires the FAA to comply with and repairman certification (14 CFR option was to select an effective date small entity requests for information or

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advice about compliance with statutes III.4. SFAR No. 89 I.2. Public Comment Period III.5.A. Comments on Ultralight Vehicles and regulations within its jurisdiction. The FAA received over 4,700 Therefore, any small entity that has a III.5.B. Future Rulemaking on Ultralight Vehicles comments to the NPRM. Of those, 2,913 question regarding this document may were in response to the publication of contact its local FAA official, or the IV. Comparative Tables V. Section-by-Section Discussion of the NPRM in the Federal Register, and person listed under FOR FURTHER Comments and Changes Incorporated approximately 1,800 additional INFORMATION CONTACT above. You can Into the Final Rule comments came through the on-line find out more about SBREFA on the V.1. Part 1 forum. To read the on-line forum Internet at http://www.faa.gov/avr/arm/ V.2. Part 21 comments, go to the electronic docket sbrefa.htm. V.3. Part 43 address given above in the section Guide to Terms and Acronyms V.3.A. Part 43—General Issues entitled ‘‘Availability of Rulemaking Frequently Used in This Document V.3.B. Part 43—Section-by-Section Documents’’ and view item number Discussion 2676 in Docket No. FAA–2001–11133. A AD—Airworthiness Directive V.4. Part 45 detailed discussion of the public’s AGL—Above ground level V.5. Part 61 comments and the FAA’s responses are AME—Aviation Medical Examiner V.5.A. Part 61—General Issues in ‘‘V. Section-by-Section Discussion of V.5.A.i. SFAR No. 89 Conversion Table ARAC—Aviation Rulemaking Advisory Comments and Changes Incorporated V.5.A.ii. Medical Provisions Committee Into the Final Rule.’’ ASC— Aero Sports Connection V.5.A.iii. Flight Training and Proficiency ATC—Air traffic control Requirements Most commenters expressed BAA— Bilateral Airworthiness Agreement V.5.A.iv. Make and Model Logbook fundamental agreement with the FAA’s BASA— Bilateral Aviation Safety Agreement Endorsements, and Sets of Aircraft intent in proposing the rule. While there CAS—Calibrated airspeed V.5.A.v. Changes to Airspace Restrictions were many comments containing DAR—Designated Airworthiness V.5.A.vi. Changes to Altitude Limitations specific criticisms of the proposed rule Representative V.5.A.vii. Gyroplanes and suggestions for how the rule could DPE—Designated pilot examiner V.5.A.viii. Demonstration of Aircraft to be improved, few of the commenters EAA—Experimental Aircraft Association Perspective Buyers expressed a complete disagreement with Experimental light-sport aircraft—Aircraft V.5.A.ix. Category and Class Discussion: the FAA’s goal of providing for the issued an experimental certificate under FAA Form 8710–11 Submission manufacture of safe and economical § 21.191(i) V.5.B. Part 61 Section-by-Section IFR—Instrument flight rules aircraft and to allow operation of these Discussion LTA—Lighter-than-air aircraft by the public in a safe manner. V.6. Part 65 MSL—Mean sea level Some comments contained numerous NAS—National Airspace System V.7. Part 91 specific suggestions and criticisms, yet V.7.A. Part 91—General Issues NM—Nautical mile were prefaced by a statement of support V.7.B. Part 91—Section-by-Section NTSB—National Transportation Safety Board for the FAA’s efforts to make aviation PMA—Parts Manufacturer Approval Discussion VI. Plain Language more accessible to the general public. It SFAR—Special Federal Aviation Regulation should be noted that, while not Special light-sport aircraft—Aircraft issued a VII. Paperwork Reduction Act special airworthiness certificate in the VIII. International Compatibility substantial in number, several light-sport category (or, aircraft issued a IX. Economic Assessment commenters expressed a fundamental special airworthiness certificate under X. Regulatory Flexibility Determination disagreement with the FAA’s proposed § 21.190) XI. Trade Impact Analysis action, based upon a lack of confidence STC—Supplemental type certificate XII. Unfunded Mandates Assessment in the ultralight community. The TC—Type certificate XIII. Executive Order 3132, Federalism commenters did not support these TSO—Technical Standard Order XIV. Environmental Analysis concerns with accompanying data. Ultralight-like aircraft—An unregistered XV. Energy Impact aircraft that exceeds the parameters of part XVI. List of Subjects I.3. Ex Parte Communications 103 and meets the definition of ‘‘light-sport The FAA worked closely with aircraft’’ I. The Proposed Rule USUA—United States Ultralight Association industry associations on this rulemaking VH—Maximum airspeed in level flight with I.1. NPRM and On-Line Public Forum in a number of ways. FAA staff maximum continuous power conducted informational sessions with VNE—Maximum never-exceed speed On February 5, 2002 the FAA interested groups to determine how VS0—Maximum stalling speed or minimum published the Notice of Proposed these rules, if adopted, should best be steady flight speed in landing Rulemaking (NPRM), ‘‘Certification of implemented. The FAA also assisted configuration Aircraft and Airmen for the Operation of manufacturers in the development of VS1—Maximum stalling speed or minimum Light-Sport Aircraft’’ (67 FR 5368; Feb. consensus standards for light-sport steady flight speed without the use of - 5, 2002), and requested comments by aircraft. The Experimental Aircraft enhancing devices May 6, 2002. In addition, the FAA held Association (EAA) and others met with Outline of This Document an on-line public forum from April 1, the FAA repeatedly to urge the I. The Proposed Rule 2002, until April 19, 2002, during which completion of this rulemaking as I.1. NPRM and On-Line Public Forum time the FAA posed 15 questions on the quickly as possible so as to meet the I.2. Public Comment Period Internet. For a description of the on-line public need for authority to engage in I.3. Ex Parte Communications public forum and a list of the 15 activities permitted under this rule. II. Purpose of This Final Rule questions, see the FAA’s announcement On occasion, FAA personnel met with III. General Discussion of Changes in the published in the Federal Register on interested organizations to discuss Final Rule III.1. FAA Judgment and Discretion March 19, 2002 (67 FR 12826; March 19, specific aspects of the NPRM and to III.2. Summary of Significant Issues Raised 2002). The NPRM and the determine, based on information By Commenters announcement of the on-line public received from these groups, how the III.3. Security Concerns Related to Pilot forum are in the public docket for this NPRM should be modified. The issues Identification and Certification rulemaking. discussed, however, were also set out in

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numerous comments to the public /faa.gov/avr/afs/sportpilot and click on and paragliders by ultralight pilots; docket. These discussions, while of an FAQs) to reflect the changes being part 103—691 comments ex parte nature, have helped to develop adopted in this final rule. b. Prohibition of towing of hangliders a final rule that is responsive to the and paragliders by light-sport III. General Discussion of Changes in comments. The revisions to the NPRM, aircraft; SFAR No. 89 section the Final Rule as adopted in this final rule, respond to 73(b)(12)—607 comments written and oral concerns raised by III.1. FAA Judgment and Discretion • Section 1.1 definition of ‘‘light-sport aircraft’’—122 comments individuals and organizations. This As the following summary reflects, • Maximum weight limits for light-sport final rule reflects the FAA’s commenters provided a variety of aircraft; § 1.1 definition of ‘‘light- independent judgment as to the suggestions for the rule. As discussed sport aircraft’’ paragraph (1)—489 appropriate level of safety for the more completely in the section-by- comments manufacture and operation of light-sport section discussions that follow, the FAA aircraft. • Maximum speed in level flight under carefully considered the comments. maximum continuous power for II. Purpose of This Rule Besides the specific issues in the light-sport aircraft; § 1.1 definition The FAA intends this rule to— comments, the FAA weighed two factors of ‘‘light-sport aircraft’’ paragraph • Increase safety in the light-sport in adopting, modifying, or rejecting the (2)—141 comments aircraft community by closing the gaps comments. • Maximum stall speed limits for light- in existing regulations and by First, the FAA is making decisions in sport aircraft; § 1.1 definition of accommodating new advances in a new area for regulation. Although ‘‘light-sport aircraft’’ paragraph technology. some experience exists in similar (4)—62 comments • Provide for the manufacture of aircraft, the rule anticipates growth and • Fixed or ground-adjustable propellers light-sport aircraft that are safe for their change in the industry. There are areas and repositionable landing gear on intended operations. where only time and experience will light-sport aircraft; § 1.1 definition • Allow operation of light-sport determine whether these regulatory of ‘‘light-sport aircraft’’ paragraphs aircraft exceeding the limits of ultralight provisions meet the FAA’s expectations (8) and (11)—116 comments vehicles operated under 14 CFR part or require modification. There is room • Sport pilot certification (general 103, with a passenger and for flight for debate and disagreement, and the comments on SFAR No. 89)—653 training, rental, and towing. FAA is prepared to make changes when comments • Establish training and certification appropriate. But in the FAA’s judgment, • Maximum speed limit on student requirements for repairman (light-sport these standards strike a balance in favor pilot operation of light-sport aircraft) to maintain and inspect light- of safety while allowing freedom to aircraft; SFAR No. 89 section sport aircraft. operate. 35(e)—57 comments The rule is designed to allow Second, there are situations where a • Altitude limits on operation of light- individuals to experience sport and line must be drawn. For example, the sport aircraft; SFAR No. 89 section recreational aviation in a manner that is case can be made that the maximum 73(b)(6)—55 comments safe for the intended operations, but not weight or speed could be somewhat • Logbook endorsement requirement for overly burdensome. By bringing these higher or lower than what is being each make and model of light-sport individuals under a new regulatory adopted. In these situations, the FAA is aircraft; SFAR No. 89 section 61— framework, the FAA believes this rule not establishing this rule with the intent 129 comments lays the groundwork for enhancing of including or excluding specific • Repairman certification; § 65.107— safety in the light-sport aircraft category. aircraft. Instead, the FAA is trying to 159 comments This rule does not change existing objectively determine where the line • Existing exemptions for two-seat aircraft certification or maintenance should be drawn while considering the ultralight vehicles; part 103—288 regulations for aircraft already issued an appropriate level of safety and the comments airworthiness certificate, such as a complexity of the operation. • Operation of ultralights that would be standard, primary, or special certificate III.2. Summary of Significant Issues issued an experimental certificate; (e.g., experimental amateur-built and Raised by Commenters § 21.191(i)—116 comments experimental exhibition aircraft). • Use of a U.S. driver’s license to However, as discussed in the section-by- While most commenters expressed a establish medical eligibility; SFAR section preamble discussion for § 1.1, desire to see some aspect of the 89, sections 15 and 111—230 Definition of Light-Sport Aircraft, a proposed rule revised, they either comments sport pilot can operate an aircraft agreed with the proposed regulation meeting the light-sport aircraft overall or agreed with the intent of the III.3. Security Concerns Related to Pilot definition in § 1.1, regardless of the proposal. Most commenters believed the Identification and Certification airworthiness certificate issued. In proposal would succeed if revised to One State’s Department of addition, this rule does not change address the issues they identified. Transportation’s aeronautical division existing part 103 requirements. Significant issues raised by expressed concern that allowing persons A more detailed discussion and commenters are listed below, with with a driver’s license as a sole form of justification for the rule can be found in reference to the corresponding proposal. identification to have access to airports the preamble to the NPRM published in These issues account for approximately and the airspace system would reduce the Federal Register on February 5, 80 percent of the comments. They, and pilot identification standards and would 2002. On page 5370 of that Federal other comments on the NPRM, are lead to reduced security. The Register publication, is a section discussed in detail under ‘‘V. Section- commenter said that since the terrorist entitled ‘‘Effects of the Proposal on the by-Section Discussion of Comments and attacks of September 11, 2001, airport Public and Industry’’ that gives answers Changes Incorporated Into the Final security identification, as well as pilot to frequently asked questions (FAQs). Rule.’’ identification, are under greater These questions and answers have been • Towing: 1,298 comments scrutiny, and that higher standards must updated on the FAA’s Web site (http:/ a. Prohibition of towing of hangliders be established to prevent unauthorized

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access to airports and aircraft. The performing work on light-sport aircraft • The prohibition on towing commenter went on to say that will be required to hold repairman hangliders and paragliders by light-sport additional scrutiny provided by the (light-sport aircraft) certificates. aircraft; SFAR No. 89 section process of obtaining a pilot certificate, According to new security procedures, 73(b)(12)—607 comments. an airman medical certificate, and their names will be entered into the Towing issues are discussed in the passing an FAA practical test is a FAA airman registry. In addition, all section-by-section analysis for § 61.69. welcome safety enhancement at this existing unregistered ultralight-like Four hundred and four comments time and must not be eliminated. aircraft and two-place utralight training addressed—(1) eliminating existing The FAA agrees that the additional vehicles will now, as certificated exemptions from part 103 (288 scrutiny provided by the process of aircraft, be required to display an ‘‘N’’ comments) and (2) reclassifying aircraft obtaining a pilot certificate, an airman registration number. These numbers operating under exemptions to part 103 medical certificate, and passing an FAA will also be entered into the FAA as light-sport aircraft under § 21.191(i) practical test enhances safety. The FAA aircraft registry. This will enable the (116 comments). The commenters were is not eliminating any of these TSA to conduct any necessary security nearly uniform in their opposition to certificates or testing requirements for screening for certificated airmen and eliminating existing exemptions from holders of currently issued pilot registered aircraft operating in the part 103 and codifying the exemptions certificates. All persons operating an National Airspace System (NAS). into parts 21 and 61. The majority of aircraft are required to possess a pilot These new sport pilots will now be commenters opposed including certificate and pass a practical test. All required to make themselves aware of ultralights in the proposed regulation. persons issued at least a recreational safety- and security-related information Almost all commenters suggested pilot certificate (except those operating contained in notices to airmen keeping ultralight regulation as it is, but gliders and balloons) are also required (NOTAMs). Currently, operators of incorporating existing exemptions from to possess an airman medical certificate. ultralight vehicles are not required to part 103 into that part. This rulemaking action will bring review these NOTAMs; although those Part 103 defines an ultralight persons who were formerly operating as who receive voluntary training and and prescribes the operating rules for ultralight pilots into an existing participate in industry-provided these vehicles. An ultralight vehicle is certification system that will provide ultralight programs are encouraged to either an unpowered or powered vehicle further scrutiny of these individuals. access this information that is made with certain weight, speed, and other These ultralight pilots have not been available through their organizations. required to have pilot certificates, limits, as prescribed in § 103.1. An possess airman medical certificates or III.4. SFAR No. 89 ultralight vehicle can carry only one driver’s licenses, or been required to occupant and be used for sport and The FAA proposed most of the sport recreational purposes. The ultralight take practical tests. Therefore, they have pilot certification requirements as a not been subject to any level of industry has established voluntary Special Federal Aviation Regulation government scrutiny. Only sport pilots, training programs and recommended (SFAR). After further consideration, the or those seeking to exercise sport pilot maintenance practices. In an effort to FAA decided not to use the SFAR, but privileges will be afforded the encourage the use of these voluntary to codify most of the requirements as opportunity to exercise certificate training programs, the FAA has granted new subparts J and K of part 61, and the privileges with either an airman medical exemptions to part 103 that allow— remainder in the existing structure of • certificate or a U.S. driver’s license. Training and proficiency to part 61. The SFAR format is appropriate These persons will be required to be conducted in a two-place ultralight to regulate operations in a very narrow possess a pilot certificate and pass a vehicle operated by an ultralight flight set of circumstances, to address a practical test. instructor or ultralight student. • Sport pilots, like all pilots, will have temporary situation, or both. However, Tandem training operations for to hold and possess their sport or light-sport aircraft and their operation hang gliders and powered paragliders student pilot certificates at all times will be a significant segment of aviation conducted by an ultralight flight when operating light-sport aircraft. and will require long-term regulatory instructor or ultralight student. Recent FAA rulemaking requires all oversight. • Towing operations in a single-seat pilots to carry photo identification when For the convenience of the user, a and two-seat ultralight-like aircraft to exercising the privileges of a pilot table showing how the sections of SFAR facilitate operations and training in an certificate and to present it, if requested No. 89 were incorporated into part 61 is ultralight vehicle that is a hang , by the FAA, an authorized provided under ‘‘V. Section-by-Section glider, or paraglider. representative of the National Discussion of Comments and Changes The FAA has granted these Transportation Safety Board (NTSB), the Incorporated Into the Final Rule.’’ exemptions to part 103 to gather data Transportation Security Administration III.5.A. Comments on Ultralight Vehicles and to temporarily meet the training (TSA), or a law enforcement officer (67 needs for persons operating ultralight FR 65858; Oct. 28, 2002). That rule will The comments regarding ultralight vehicles and to resolve operational apply to all sport pilots. vehicles were so significant, that, except issues such as towing. Additionally, the FAA is creating for towing issues, a response is Commenters contended that FAA Form 8710–11 ‘‘Sport Pilot presented here, rather than in the eliminating existing training exemptions Certificate and/or Rating Application.’’ section-by-section analysis below. A from part 103 would— Information from the applicant’s U.S. total of 1,586 comments were related to • Force unregistered two-place driver’s license or airman medical the operation of ultralights under the training ultralights to be classified as certificate will be recorded on the form. proposed rule. Of those, 1,298 experimental light-sport aircraft, which As a result of this new regulatory comments addressed ultralight towing, would prevent their use for action, an estimated 15,000 persons specifically— compensation or hire and increase the operating ultralight-like aircraft now • The prohibition on towing operating costs of these aircraft; and will be required to hold pilot hangliders and paragliders by ultralight • Place unregistered single-place and certificates. In addition, persons pilots; part 103—691 comments; and two-place ultralight-like aircraft and

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standard category aircraft under the exemption provisions used by USUA that they will be used to conduct do not same regulation. and other ultralight associations warrant the more extensive certification Many of these commenters incorporated in the regulations. USUA standards applied to primary or specifically referred to the United States noted that its recommendation to standard category aircraft. The FAA Ultralight Association (USUA)’s expand the parameters of ultralight believes that the use of consensus comprehensive suggestion for a two- vehicles currently regulated by part 103 standards provides a level of safety tiered approach for the regulation of has an international precedent in appropriate for the operation of the ultralight vehicles and light-sport Europe. USUA also noted that the aircraft. aircraft. USUA recommended that the Federation Aeronautique Internationale Concerning the regulation of airmen FAA not only retain the proposed (FAI), the world governing body of air and flight operations, FAA does not regulations for light-sport aircraft, but sports activities, has defined microlights completely agree with USUA’s proposal. also adopt additional regulations as weighing up to 450 kg (992 pounds) The FAA does not agree that the part codifying long-standing FAA gross weight, with a stall speed no 103 operating environment is exemptions for two-place ultralight greater than 65 kilometers per hour appropriate for the larger, heavier, training. One set of regulations (Tier I) (kph) (35 knots), and the Joint Aviation higher performance aircraft USUA’s would address single- and two-place Authorities (JAA) have accepted this proposal identifies as ‘‘Tier 1’’ Ultralight ultralight-like aircraft. Single-place definition. Aircraft.’’ The FAA acknowledges the aircraft would be limited to 360 pounds Regarding airspeed, the rule allows a safety benefits for aircraft design and empty weight (662 pounds maximum sport pilot to fly only a light-sport manufacturing and airman training that gross weight), 10 gallons maximum fuel aircraft that has a maximum airspeed in have resulted from the exemption capacity, 32 knots maximum power-off level flight with maximum continuous process; however, the FAA believes that stall speed, and 72 knots VH. Two-place power (VH) of 87 knots CAS or less, the operational characteristics of these aircraft under Tier I would be limited to unless he or she receives additional aircraft are of such a degree that a more 496 pounds empty weight (992 pounds training and a one-time endorsement to comprehensive regulatory structure maximum gross weight), 10 gallons operate a light-sport aircraft with a VH should be applicable to their operation. maximum fuel capacity, 35 knots up to 120 knots CAS. On the weight Like USUA, most commenters who maximum power-off stall speed, and 75 criterion, the FAA proposed a weight are ultralight pilots stated that knots VH. Another set of regulations limit of 1,232 pounds, which is ultralights fundamentally differ from (Tier II) would address light-sport increased to 1,320 pounds in the final standard category aircraft, and that the airplanes, using the weight and rule for aircraft not intended for FAA should continue to regulate performance limits as proposed in the operation on water. This weight is ultralights, regardless of their size, NPRM. maximum gross takeoff weight and is under part 103. For two reasons, the USUA’s suggested regulations for essentially equivalent to the empty FAA disagrees with the suggestion that ultralight vehicles would accommodate weight suggested by USUA. The gross all ultralight-like aircraft should be both ‘‘fat single- and two-place takeoff weight includes the added regulated under part 103, either with ultralight aircraft.’’ USUA stated that weight of two passengers, ten or more incorporations of the existing training this regulation could require registration gallons of fuel, one or more pieces of exemptions or with a continuation of of these aircraft. This action would luggage, and a ballistic parachute the current exemptions. enable the FAA to provide safety carried on an aircraft. This weight First, that approach would not information to the owners and permit allows the aircraft to be constructed provide the solution recommended training for compensation, as permitted with stronger materials, to use stronger specifically by the Aviation Rulemaking under current exemptions. USUA noted landing gear, and to use a heavier and Advisory Committee (ARAC). USUA that these ultralight vehicles would more powerful four-stroke engine. All of chaired the ARAC working group that have more restrictions than light-sport these items were specifically requested addressed the regulation of ultralight aircraft. For example, they would not be by industry and other commenters, most vehicles. That working group of the permitted to operate over congested often in the interest of safety. The committee was made up of members of areas, and would require prior air traffic consensus standards will address a the ultralight industry and produced a control (ATC) permission for flight in minimum weight for design standards comprehensive recommendation to the controlled airspace. for a single-place light-sport aircraft. FAA regarding ultralight regulation. The USUA was unequivocal in its USUA’s recommendation was FAA notes that the ARAC comments on the proposed rule, stating influential on the ultralight community. recommendation did not include that the FAA must update ultralight Most commenters addressing the subject USUA’s proposal to expand part 103 to regulations to better reflect the manner of ultralights simply recommended that include larger aircraft. The ARAC in which ultralights are currently flown the FAA adopt the USUA’s two-tiered recommendation did, however, include in the United States. USUA stated that approach; however, many of these the USUA’s position as a dissenting two-place ultralights have become commenters did not supply any analysis opinion. ARAC’s recommendation to heavier since part 103 was established to support their recommendation. focus on appropriate training for sport in 1980, and that two-seat ultralight Concerning the aircraft certification pilots served as the basis for the FAA’s training has become common as a result component of the USUA’s proposed proposed rule. ARAC’s recommendation of the training exemptions. The USUA two-tiered concept, the FAA believes did not propose either the continuation stated that its suggested regulatory that the use of consensus standards is of existing part 103 exemptions, or the approach would include two-seat and appropriate for aircraft that exceed the codification of those exemptions into single-seat unregistered ultralight-like parameters of ultralight vehicles as part 103. See the discussion in the aircraft, allowing for a permanent specified in part 103, yet do not exceed preamble of the NPRM, ‘‘Section V. The solution to the ongoing problem of how the parameters of a light-sport aircraft. Aviation Rulemaking Advisory to regulate ultralights that do not The FAA believes that the operating Committee (ARAC).’’ comply with part 103. characteristics of these aircraft Second, the FAA issued exemptions USUA clearly stated that ultralight necessitate their certification. However, to temporarily resolve training issues pilots want the part 103 training their characteristics and the operations and operational issues such as towing.

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In the preamble to the rule establishing having an operational control tower. A ultralight-like aircraft will provide part 103 (47 FR 38776; Sept. 2, 1982), sport pilot can only do so, however, if instruction at a lower cost and with the FAA explained its rationale for the light-sport aircraft he or she is greater safety. permitting no more than a single operating is properly equipped and In some cases, the rule is more occupant in an ultralight vehicle. The authorized for that operation. The FAA restrictive than USUA’s FAA noted that the general public might is also providing that, like a student recommendation, but the FAA is using incorrectly assume that an ultralight pilot, a sport pilot will not be a building-block approach in extending operator possesses certain minimum authorized to take off or land at any of privileges to sport pilots. The rule qualifications and has met specific the airports listed in part 91, appendix permits a sport pilot to obtain additional requirements resulting in the issuance D, section 4. For a complete discussion, training to permit the exercise of of a pilot certificate. The public would see ‘‘V.5.A.v. Changes to Airspace additional privileges at a later time. In be unaware of the risks that an ultralight Restrictions’’ and the discussion of the proposed rule, the FAA stated that pilot assumes with the operation of an § 91.131 below. uncertificated ultralight vehicle. The there would be many safety benefits to The FAA notes that many of USUA’s certificating sport pilots, light-sport FAA still believes that it would be suggestions were incorporated in the inappropriate to permit the operation of aircraft, and the repairman who would FAA’s proposal. The FAA agreed with maintain these aircraft that would not larger and more capable ultralight-like the recommendation that it not permit aircraft without the benefits afforded by be realized under the USUA proposal. flight at night. However, the rule will For a complete discussion of these the certification of these aircraft and permit special light-sport aircraft to fly their pilots. In addition, extending safety benefits and alternatives refer to over cities. The use of light-sport aircraft the discussion in the preamble of the current training exemptions on a long- engines that meet consensus standards term basis would be an inappropriate NPRM, ‘‘IV. Background—B. The FAA’s for powerplant performance and Reason for This Proposal.’’ use of the exemption process. It would reliability will make any prohibition of not allow the FAA to address the many flight over cities unnecessary. III.5.B. Future Rulemaking on Ultralight other regulatory changes contemplated Experimental light-sport aircraft (the Vehicles in this rulemaking. existing fleet of ultralight-like aircraft) This rule is intended to provide a will continue to be restricted to flight The NPRM did not address, nor does comprehensive regulatory approach that over uncongested areas. The rule the final rule address, the use of extends beyond the ultralight hangliders, paragliders and powered community. A significant purpose of the provides more privileges than the two- tier system suggested by USUA. The paragliders in tandem operations and rule is to certificate those two-seat training. There is a need to address ultralight-like aircraft previously rule allows the carriage of a passenger for purposes other than flight training, these issues, but the FAA did not operated under part 103 training examine questions in this area for this exemptions and those two-seat and which has never been allowed under part 103 or the part 103 training rule. Rather than delay this rule to single-seat unregistered ultralight-like include these issues, the FAA intends to aircraft operating outside of the exemptions. The rule establishes new initiate a separate rulemaking action. regulations. categories of airman ratings and two Several commenters noted that the new classes of aircraft—(1) weight-shift- Until that can be completed, the FAA speed differential between ultralights control, and (2) powered parachute. The intends to maintain the status quo for and standard category aircraft makes rule allows a special light-sport aircraft these operations by continuing or their operation in the same airspace owner to accept compensation for the reissuing training exemptions as dangerous. However, USUA use of the aircraft for flight training or necessary. towing a glider or unpowered ultralight recommended a continuation of the IV. Comparative Tables current practice allowed under part 103, vehicle. It also allows a light-sport which permits flights in controlled aircraft owner to accept compensation The following tables provide a quick airspace (Class A, B, C, D, and surface- for rental of the aircraft. Neither of these comparison of regulations governing based Class E) with prior ATC privileges had been allowed under the light-sport aircraft and other aircraft. permission. These flights may occur at part 103 exemptions. The rule any altitude, with no equipment establishes the requirements for Abbreviations Used In Tables requirements for communication, repairmen (light-sport aircraft) to A&P—Airframe and powerplant navigation, or identification, and with maintain and inspect the newly CFI—Certificated flight instructor no required pilot training. certificated experimental and special CTD—Computer Testing Designee The FAA has considered the light-sport aircraft. Finally, the final rule DPE—Designated Pilot Examiner comments on the issue of speed addresses the concern that it will limit ELSA—Experimental light-sport aircraft differentials and operations in or prevent the use of currently EW—Empty weight controlled airspace. As adopted, a sport unregistered ultralight-like aircraft. The IFR—Instrument flight rules pilot operating a light-sport aircraft will FAA revised the final rule to assist those LS–I—Light-sport—Inspection be prohibited from operating in Class A who have been operating two-seat LS–M—Light-sport—Maintenance airspace and from operating above ultralight-like aircraft under the part 103 M/M—Make and model 10,000 feet mean sea level (MSL). A training exemptions. The rule provides MTOW—Maximum takeoff weight sport pilot is authorized to operate in a 5-year period during which persons PIC—Pilot in command Class G and E airspace. With training on may continue to operate their two-place PMA—Parts Manufacturer Approval airspace requirements and ultralight-like aircraft and receive SLSA—Special light-sport aircraft communications equivalent to the compensation for flight training, SP—Sport pilot training requirements for a private pilot, provided those aircraft are certificated STC—Supplemental Type Certificate and a one-time endorsement from an as experimental light-sport aircraft. The TC—Type Certificate authorized instructor, a sport pilot can FAA expects that in the long term, TSO—Technical Standard Order operate in Class B, C, and D airspace instructors operating light-sport aircraft VFR—Visual flight rules and to, from, through, or at an airport previously classified as two-seat BILLING CODE 4910–13–P

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(1) For two-place ultralight training done by ultralight instructor registered with (2) Applies to training aircraft used for vehicles operating under an exemption and an FAA-recognized ultralight organization. compensation until January 31, 2010, and registered with an FAA-recognized ultralight tow aircraft used for compensation. organization—100–hour condition inspection

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(3) Applies to aircraft used for flight (5) ELSA—Kit-built (§ 21.191(i)(2)(ii)) or sport category (§ 21.191(i)(3)) meet consensus training or towing for compensation. aircraft that have been previously issued a standards. (4) Applies to aircraft used for flight special airworthiness certificate in the light- instruction for hire—§ 91.409.

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BILLING CODE 4910–13–C of the large number of comments SFAR No. 89 are being moved into part V. Section-by-Section Discussion of received on the proposed rule, it is not 61, and a conversion table is included Comments and Changes Incorporated possible to discuss each commenter’s for the reader’s convenience in the Into Final Rule remarks individually. Some of the discussion of comments to part 61. All changes are being made as the result of comments to proposed SFAR No. 89 The following is a summary of public comments, and others are being therefore are located under the comments for each section of rule text, made after further review within the discussion of changes to part 61. with a description of any changes the FAA. As discussed previously in this FAA is making to the final rule. Because preamble, the requirements proposed as

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V.1. Part 1—Definitions And process. Refer to the comment below to what extent the FAA will be involved Abbreviations from NTSB concerning FAA in the review of consensus standards participation in the revision of after they have been issued. As stated in Section 1.1 General Definitions consensus standards. the NPRM, the FAA will participate in Definition of ‘‘Consensus Standard’’ Several commenters recommended the development of and any revision to delaying the effective date of the rule The FAA received numerous the consensus standards, in accordance until the consensus standards were comments on the topic of consensus with OMB Circular A–119. In the issued. The FAA recognizes that standards. Most commenters expressed preamble of the NPRM, the FAA stated consensus standards may not be support for the concept of airworthiness that it expected a suitable consensus completed by the effective date of the standard to be reviewed every two standards developed by a consensus of rule, and has therefore revised the rule years. As a member of the consensus industry and the FAA. However, some to permit existing two-seat ultralights to standard body, the FAA can call for commenters expressed concern that be used for many of the operations that revisions to the consensus standard they could not review any actual are intended for aircraft manufactured when the agency determines such consensus standards, as the standards to a consensus standard. revisions are necessary. The FAA, as all were nonexistent at the time of the Some commenters were concerned other participants, may propose changes NPRM comment period. These that the consensus standards process to amend the consensus standard to standards would be developed either would only represent viewpoints of address new technology, applications, concurrent with, or subsequent to, the particular manufacturers, and would not or deficiencies. As part of the FAA’s adoption of the rule. The FAA assure adequate representation of small participation in the consensus standards understands the commenters’ concern, manufacturers or aircraft operators. development, the FAA will review but notes that the consensus standards Other commenters believed the proposed consensus standards prior to development process will include consensus standards should not be set the issuance of a Notice of Availability. adequate opportunity for public only by the aircraft manufacturers and The FAA will not issue a Notice of participation and comment. The FAA ASTM International. Another proposed Availability for a consensus standard it further notes that the consensus that a committee of pilots, aircraft considers unacceptable. The FAA will standards process will not replace, but owners, manufacturers, standards notify the public, through a Notice of rather will supplement, existing design, organizations, and regulators should Availability, of its acceptance of a manufacturing, and airworthiness formulate the consensus standards. The consensus standard or any revision to a certification procedures, and that FAA agrees that broad representation of consensus standard. The FAA will alternative consensus standards may be all affected parties is necessary for the continue to participate in revising the found acceptable. FAA to accept a consensus standard. consensus standard at an interval no Since the publication of the proposal, Any and all interested parties can longer than every 2 years. The FAA will a number of aviation organizations have participate in the development of respond to comments on the consensus chosen to work with ASTM consensus standards. In fact, OMB standards in this revision process. International to develop light-sport Circular A–119 requires balanced One commenter proposed that the aircraft consensus standards. ASTM participation and voting. The FAA term ‘‘industry developed consensus International has established Committee believes that the ASTM process airworthiness standard’’ be changed to F37—Light-Sport Aircraft for this balances the representation of product ‘‘industry developed airworthiness standards development task. Anyone manufacturers, product users, and the standard.’’ The FAA prefers that the who desires to comment on the interests of other affected persons. The word ‘‘consensus’’ be included to consensus standards may participate in FAA notes that the current ASTM emphasize that these standards are their development by ASTM consensus standard committees are developed in accordance OMB A–119. International. Also, when an acceptable comprised of individuals representing Use of the term ‘‘consensus’’ will also standard is developed, the FAA will all the perspectives recommended by distinguish consensus standards from publish a Notice of Availability in the the commenter. The FAA believes that airworthiness standards that are Federal Register. This notification will the ASTM standards development developed by the FAA through the include a statement that the FAA has procedures satisfy the other attributes normal rulemaking process and are found the standard acceptable for (openness, due process, and appeals specifically contained in other parts of certification of the specified aircraft process) set forth in OMB Circular A– 14 CFR subchapter C. Within the under the provisions of this rule. This 119 for an acceptable consensus definition, the FAA is removing the statement will assert that: standard body. The OMB Circular modifier ‘‘airworthiness’’ from the • The FAA has participated in the permits FAA to make this phrase ‘‘industry developed consensus development process for this consensus determination. If necessary, the FAA airworthiness standard.’’ This change is standard; will participate with other standards to permit the consensus standards body • The FAA has reviewed the standard development organizations in the to develop light-sport aircraft and sport for compliance with the regulatory development of alternative consensus pilot safety standards that may requirements of the rule; and standards. The FAA would refer to encompass more standards than those • Any light-sport aircraft designed, paragraphs 2, 6.e. and f. of OMB affecting airworthiness. manufactured, and operated in Circular A–119 in making this A commenter stated that FAA accordance with that consensus determination. These paragraphs involvement in developing the criteria standard provides the public with an describe the goals of the government in for certificating light-sport aircraft appropriate level of safety. using consensus standards and the should be minimal to keep aircraft If comments from the public are considerations the FAA should make design and manufacturing costs down. received as a result of the Notice of when considering the use of a As noted above, the FAA has chosen to Availability, the FAA will address them consensus standard. use consensus standards developed in during its recurring review of the The FAA received a comment from accordance with the criteria in OMB consensus standards and participation the NTSB saying that the NPRM lacked Circular A–119 for these aircraft. The in the consensus standards revision sufficient information for it to determine use of the consensus standard process

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assures government and industry address additional topics, as determined also expressed an interest in assembling, discussion and agreement on by the consensus standards body. As a demonstrating, and selling the aircraft. appropriate standards for the required result of FAA’s review of questions from They cite that they were already level of safety. The FAA believes that commenters to the NPRM, and as a providing these distributor-type the consensus standards process will result of FAA’s participation in the services. They further stated that costs minimize costs while meeting the level ongoing development of consensus to a completed aircraft are much of safety appropriate for these aircraft. standards, the FAA has determined that more than shipping a kit-built aircraft Several commenters expressed the consensus standards must address that can be assembled at the final concern that the consensus standards the following topics so that appropriate destination. The FAA agrees that would result in excessive increases to information and procedures are persons other than the manufacturer the price of light-sport aircraft. A provided for manufacturers and may complete the assembly of light- commenter expressed concern over operators of light-sport aircraft. sport aircraft subject to this rule. This insurance costs for light-sport aircraft, Design and Performance: The may be permitted provided the and expressed the opinion that general consensus standard includes a design consensus standard addresses how the aviation revitalization depends on the and performance section, which should manufacturer will control these outside availability of factory-built aircraft address the following: entities under its quality assurance priced under $40,000. The FAA has (1) Methodology for determining system. The consensus standard should discussed the certification process for parameters associated with the address how the manufacturer these aircraft in both the NPRM and this definition of light-sport aircraft. The maintains oversight of the persons and final rule. How the public will interact consensus standard should provide the processes of assembly, and, if the with insurance companies and legal methodologies for determining aircraft is delivered to a dealer for professionals, as well as the pricing of definition parameters such as: assembly, procedures for the dealer to these aircraft are matters of commercial maximum takeoff weight; maximum issue a statement of compliance on interest. The FAA, however, believes airspeed in level flight with maximum behalf of the manufacturer. The that this rule may significantly decrease continuous power (VH); maximum manufacturer that issues the statement the cost of purchasing and operating never-exceed speed (VNE) for gliders; of compliance is responsible for the light-sport aircraft. See the full maximum stalling speed or minimum quality of the end product, and this economic analysis in the public docket steady flight speed without the use of includes material supplied by, or for this rulemaking. lift-enhancing devices (VS1). assembly work performed by, a person (2) Methodology for distinguishing or other entity. Consensus Standards Topics different make and model aircraft from In the notice, the FAA proposed that the same manufacturer and for updating In the proposed definition, the term consensus standards address and recording information that may ‘‘quality assurance system airworthiness certification and change during the course of the requirements’’ has been revised to read continued airworthiness. In the NPRM, production of the make and model ‘‘manufacturer quality assurance the proposed definition for consensus aircraft. systems’’ to emphasize that the aircraft standard specified that the standard Required Equipment: The FAA did manufacturer has the overall address ‘‘* * * aircraft design and not expressly propose to require the responsibility to assure that safe aircraft performance, quality assurance system consensus standard to address or are delivered to its customers. requirements, production acceptance include minimum equipment in the Production Acceptance Tests: The test specifications, and continued NPRM. However, the FAA notes that production acceptance tests should operational safety monitoring system certain aircraft equipment is required by include all tests needed to prove the characteristics.’’ Based on comments part 91 to operate in the NAS. The FAA aircraft’s reliability and functionality. received from the public on the notes that, because the requirements of These tests may be accomplished at proposed rule and as a result of FAA § 91.205 do not apply to these aircraft, different stages of assembly and at final review of the NPRM, the FAA has the FAA has revised the definition of completion. The tests verify the determined that the consensus standard consensus standard to specifically aircraft’s proper function on the ground definition should be expanded to indicate that a consensus standard must and in the air, as required by include additional topics. These address required equipment. The design § 21.190(c)(7). The consensus standard additional topics are related to aircraft and performance portion of the should include tests that demonstrate maintenance and operations, or subjects consensus standard, therefore, should that the aircraft is in a condition for safe that should be more appropriately indicate standards for performance for operation. As a minimum, these ground addressed as separate topics rather than equipment that is required for specific and flight tests show that the aircraft— as subsections within the four topics authorized operations. The FAA • Has been assembled in accordance listed in the FAA’s proposed definition. recognizes that the operator of a light- with the manufacturer’s criteria and In view of this consideration, the sport aircraft may have a variety of specifications. consensus standards definition is being privileges based on differing certificate • Can be operated normally revised to specifically require the privileges or individual logbook throughout all ranges of capability, as consensus standards to address topics endorsements. However, a person may defined in the consensus standard. other than the four specified in the not exercise those privileges, unless the In the proposed definition, the term proposed rule. The revised definition aircraft is appropriately equipped. ‘‘production acceptance test sets forth a broader approach. It Quality Assurance: Commenters specifications’’ has been revised to read generally specifies that the consensus recommended that instructors ‘‘production acceptance test standards must address the three functioning also as dealers, be allowed procedures.’’ The FAA believes that use subjects of aircraft design, production to continue to assemble weight-shift- of the word ‘‘specifications’’ is not and airworthiness. Additional specific control and powered parachutes kits for consistent with performance-based topics the consensus standards must their clients. They did not believe that standards, which are preferable to address are set forth in the revised this privilege should be limited to the prescriptive standards for aircraft built definition. Consensus standards may factory (manufacturer). The commenters to consensus standards.

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Aircraft Operating Instructions: In the These maintenance and inspection aircraft. The FAA has revised the proposal, the FAA stated that the procedures can be developed solely by proposal to require maintenance on consensus standards must address the airframe manufacturer or with other special light-sport aircraft to be aircraft design and performance. The manufacturers that supply engines, performed in accordance with part 43, proposal did not include a specific propellers, or other products for the except for those requirements that apply requirement for the consensus standards aircraft. The purpose of requiring to the performance and recording of to address aircraft operating maintenance and inspection procedures major repairs and major alterations. In instructions. Proposed § 21.186, is to ensure the continued airworthiness the final rule, therefore, the FAA is however, required the manufacturer to of the aircraft throughout its useful life. revising the consensus standard identify, and the applicant to present, Maintenance and inspection procedures definition to specifically address major the applicable ‘‘Pilot Operating should contain at least two parts, one repairs and major alterations. The FAA Handbook.’’ part for inspection and one for has determined that standards for In the final rule the FAA is revising maintenance. defining, performing, and recording the consensus standard definition to The inspection section should include major repairs and major alterations specifically address aircraft operating inspection requirements and a checklist should be developed specifically as part instructions. Although the FAA for conducting the annual condition of the consensus standards process. The believed that the proposed consensus inspection, the 100-hour inspection, or consensus standard also should address standards definition would require any other inspection, as needed. The the level of training a person must have aircraft operating instructions to be inspection section should also identify before performing a major repair. Refer addressed in the standards for aircraft any checks needed to verify adequate to the discussions of part 43 and design and performance, the FAA has limits for items subject to wear or § 91.327 for more explanation of this determined that standards for aircraft replacement due to age or time in use. topic. operating instructions should be The maintenance section should Continued Airworthiness: The FAA developed specifically as part of the specifically address major aircraft specifically requested comments from consensus standards process. systems and components such as the the public on its proposal that the The FAA also notes that rather than engine, , fuel system, flight consensus standards include provisions using the term ‘‘Pilot Operating controls, lubrication system, for defining minimum characteristics for Handbook’’ in the definition of instrumentation, airframe, and landing a manufacturer’s continued operational consensus standards it is using the term gear. Each part of this maintenance safety monitoring system. The FAA ‘‘Aircraft Operating Instructions.’’ The section should identify the maintenance received comments both for and against term ‘‘Pilot Operating Handbook’’ is that a certificated repairman, mechanic, the use of the FAA’s existing AD normally associated with type- or repair station can perform, and those process for correcting unsafe conditions certificated general aviation aircraft and preventive maintenance tasks that a in light-sport aircraft. These comments may include information approved by pilot can perform. For each major are addressed in item (2) below. The the FAA. ‘‘Aircraft Operating system, instructions should be provided FAA discussed the expectations for a Instructions,’’ however, will not require that detail the service and maintenance continued airworthiness system in the FAA approval. ‘‘Aircraft Operating requirements for that system, including section-by-section analysis of the NPRM Instructions’’ provide methods and removal and replacement instructions under ‘‘Definition of ‘‘Consensus procedures to safely operate the aircraft. for components, repair and overhaul Standard’’’ under § 1.1, and also in Additionally, the aircraft operating instructions for those products that can § 21.186(c)(6). In response to comments instructions specify those parameters be repaired and overhauled, and how received concerning continued (e.g. weight, stall speed, maximum Airworthiness Directives (ADs) and airworthiness, the following clarifies the speed) that show the aircraft make and Safety Directives should be addressed. processes that should be followed for The maintenance and inspection model meets the light-sport aircraft the continued airworthiness of special procedures also should include a definition. light-sport aircraft. Maintenance and Inspection section that addresses major repairs and The consensus standard should Procedures: The proposal did not major alterations. This section should address the following: include a specific requirement for the include the training requirements for a (1) The types of occurrences or events consensus standards to address person to perform a major repair for or incidents that the aircraft owner is to maintenance and inspection procedures. each aircraft system (e.g., overhaul an report back to the manufacturer. Proposed § 21.186, however, required engine), what data should be used to (2) How the manufacturer will issue the manufacturer to identify, and the perform a major repair or major Safety Directives to correct unsafe applicant to present, the applicable alteration, and describe the process used conditions, including a process for how maintenance and inspection procedures. to notify the manufacturer that a major the determination of an unsafe In the final rule the FAA is revising the repair or major alteration has been condition will be made. Examples of consensus standard definition to accomplished on its product. While a unsafe conditions include, but may not specifically address maintenance and parts manual is not required to be be limited to: inspection procedures. The FAA has developed as part of the required (a) Structural failures that reduce the determined that standards for maintenance and inspection procedures, aircraft ability to carry flight or ground maintenance and inspection procedures the FAA recommends that loads; should be developed specifically as part manufacturers develop these manuals to (b) Structural failures affecting the of the consensus standards process. ensure the proper parts are installed. attachment of high mass items to the Through the consensus standards Identification and Recording of Major aircraft; process the rule requires the Repairs and Major Alterations: The (c) Structural failures affecting flight development of maintenance and proposal did not include a specific or powerplant control systems; or inspection procedures for the entire requirement for the consensus standards (d) Failures that might result in aircraft. This includes the engine, to address major repairs and major occurrence of a fire in flight. propeller, and accessories, such as alterations, and procedures to record A commenter stated that for light- ballistic parachutes, floats, and skis. them, for each class of light-sport sport aircraft, the AD system should be

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used because the aviation community is this proposal would provide for a This was discussed in the proposal in familiar with it, and it helps to assure balance of manufacturer and operator §§ 21.186(b)(1)(iv), (b)(1)(v), and (c)(6), that the owners of light-sport aircraft interests in assuring effective continued in which the FAA allowed for a person can be found regardless of changes of airworthiness support of special light- other than the original aircraft ownership of the aircraft manufacturer. sport aircraft. As the consensus manufacturer to assume continued A different commenter questioned if standards process develops procedures airworthiness responsibilities for in- Safety Directives issued by the aircraft for continued airworthiness, the FAA service aircraft. (The phrase manufacturer would be any better will present the commenter’s proposal ‘‘manufacturer or a person acceptable to quality than ADs, which the commenter to the appropriate technical committee the FAA’’ in proposed § 21.186(b)(1)(iv) believes are sometimes issued in haste for consideration. and (v) allowed for this possibility.) A and may be ineffective or burdensome. (3) Operator actions that will be person acceptable to the FAA may Another commenter agreed with not addressed by a service publication other include persons other than the original using the AD system, believing that the than a Safety Directive. This discussion manufacturer, such as a licensee, AD system can be used in the event that addresses a comment expressing designee, successor, or a person other a manufacturer no longer exists or is no concern that manufacturers might issue than the manufacturer or licensee who longer able to issue safety-of-flight mandatory part replacement or built a product or part that was not part information. maintenance instructions that would be of the original design, (i.e., a third-party The FAA maintains the position it not be justified by any corresponding modifier). In the current rule, these took in the proposed rule. The FAA safety concern. The consensus standard provisions are in § 91.327(b), since does not intend to issue ADs on the should identify those situations for continued airworthiness of light-sport special light-sport aircraft, but will issue which the manufacturer’s Safety aircraft will be controlled by the them on type-certificated products Directives should not be issued. Those operating limitations of the aircraft incorporated into special light-sport situations include, but are not limited airworthiness certificate. aircraft, and may, if necessary, issue to, circumstances in which service (6) A process for qualification of them on products having other forms of publications are issued to improve or third-party alterations or replacement FAA approval. Therefore, as proposed, enhance the following: parts, if a manufacturer chooses to the final rule requires development of (a) Spare part sales; permit this. In the proposed rule, corrective actions for unsafe conditions (b) Aircraft performance, capability, alterations, repairs, design in special light-sport aircraft by the or efficiency, unless the change is modifications, or replacement parts aircraft manufacturer, or a group or needed for the aircraft to meet the manufactured by third parties (distinct individual that has assumed that minimum design and performance from the manufacturer or the airplane responsibility. As described in the standards identified in the consensus owner) were not addressed. The FAA’s discussion of proposed § 21.186(c)(6), standard and the manufacturer’s assumption at the time of the NPRM the FAA intended for the rule to provide statement of compliance; was that each manufacturer would for persons other than the manufacturer (c) Aircraft appearance; determine if it intended to permit third- to assume continued airworthiness (d) Aircraft maintainability; or party aircraft support, such as the responsibilities in the event that the (e) Any other aircraft characteristic manufacture of replacement parts, or the special light-sport aircraft manufacturer when the action called for does not alteration of aircraft in service. If a would cease to exist, or cease to provide remedy an unsafe condition, including manufacturer chooses to permit this, the safety-of-flight information. those related to reliability which do not standard should address how oversight The FAA, in discussing the intended have an impact on safety of flight. and control of the third parties advantages of the proposed rule, (4) A process for responding to performing this service will be referred to the safety benefits of ‘‘*** requests for methods of correcting accomplished by the manufacturer. safety-of-flight bulletins, similar to unsafe conditions that differ from those The FAA also notes that the operating airworthiness directives and service prescribed in Safety Directives. This limitations for aircraft having the bulletins * * *’’ that would be issued section addresses comments special light-sport aircraft airworthiness by the manufacturer to correct problems recommending that the owner of a certificate require that all changes to an that might exist on aircraft in service. A special light-sport aircraft be able to aircraft after its original manufacture be commenter recommended that the FAA correct an unsafe condition using authorized by the manufacturer or other change the term ‘‘safety-of-flight’’ to a methods other than specified by a Safety acceptable person. Aircraft modifiers, different term such as ‘‘safety directive,’’ Directive. Refer also to the discussion in manufacturers of replacement parts for since the military already uses the term § 91.327, ‘‘Safety-of-Flight Issues.’’ The light-sport aircraft, and manufacturers of ‘‘safety-of-flight’’ and this may cause FAA notes that owner-developed products used to modify light-sport confusion. The FAA agrees and has alterations and repairs are permitted for aircraft also must comply with the revised the term to ‘‘Safety Directive’’ in experimental light-sport aircraft where provisions of the applicable consensus the final rule. The FAA uses the term compliance with Safety Directives is not standard in order to be considered a ‘‘Safety Directive’’ to identify the mandatory. person acceptable to the FAA. documents that a special light-sport (5) A process for permitting successor (7) A process for responding to an aircraft manufacturer issues to make organizations to assume responsibility aircraft owner’s assertion that a Safety changes that are needed to correct for providing continued airworthiness Directive was issued for reasons other conditions that may adversely affect support. Adding this section to the than to correct an unsafe condition. safety of flight for aircraft that are in consensus standard addresses Providing this process also responds to service. comments recommending the consensus the previously stated concern that One commenter recommended that standard contain provisions for manufacturers might require the proposed corrective actions by assuming or transferring continued operator to purchase expensive parts individual manufacturers should be airworthiness responsibilities if the and make changes to the aircraft that do subject to industry review and original manufacturer of a light-sport not correct an unsafe condition. By acceptance within a two- or three-month aircraft goes out of business. The FAA, developing guidelines through an time period. The FAA recognizes that in the NPRM, intended to allow for this. appropriate consensus standard, the

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balanced representation of interests will the assembly instructions to provide the definition may have any airworthiness help to minimize the possibility of a detailed instructions to build and safely certificate that may be issued for an manufacturer issuing a safety directive flight test the product. Any necessary aircraft, such as standard, special, for an inappropriate reason. If an aircraft mechanical skills or training should be primary, or experimental amateur-built owner believes a Safety Directive was defined. The instructions should aircraft. An aircraft that meets the light- issued for reasons other than to correct prescribe the tooling, fixtures, sport aircraft definition and holds a an unsafe condition, the owner should inspections, measurements, and other standard airworthiness certificate must raise this issue to the manufacturer. The pertinent items that must be recorded by be operated and maintained in consensus standard process should the assembler and presented to the FAA accordance with the limitations of that address how the manufacturer reviews or the FAA representative, such as, the airworthiness certificate. For example, the request, and how it responds to the Designated Airworthiness the sport pilot must operate the aircraft aircraft owner by justifying its position Representative (DAR), as evidence that within the limits of the aircraft’s flight that the Safety Directive addresses an the manufacturer’s assembly manual and type certificate data sheet. existing unsafe condition affecting the instructions were followed. Also, maintenance will still need to be aircraft. The FAA notes that a In the proposed definition, the term done in accordance with part 43 by an manufacturer may permit an alternative ‘‘continued operational safety appropriately rated mechanic, means of compliance to the Safety monitoring system characteristics’’ is repairman, or repair station. A Directive. In the event that the aircraft revised to read ‘‘continued repairman (light-sport aircraft) is not owner does not accept the airworthiness.’’ The changed language authorized to conduct any maintenance manufacturer’s response and chooses requires the consensus standard to on an aircraft issued a standard not to correct the condition in a manner address continued airworthiness airworthiness certificate or a special permitted by the manufacturer, the subjects that may be considered outside airworthiness certificate in a category aircraft owner may request a waiver the scope of a continued operational other than light-sport. from the FAA to operate his or her safety monitoring system. Numerous commenters raised issues aircraft without following the Safety pertaining to the design attributes Directive. See the discussion of the Changes associated with the definition of light- ‘‘waiver’’ process under § 91.327, The definition of ‘‘consensus sport aircraft. A majority recommended ‘‘Safety-of-flight issues.’’ standard’’ is changed in the final rule as expanding the design attributes in one (8) A process for reviewing ADs follows: or more areas, such as maximum issued on FAA-approved products used The words ‘‘consensus airworthiness weight, stall speed, or cruise speed. The in special light-sport aircraft. Upon standard’’ are changed to ‘‘consensus design attributes associated with the further internal review, the FAA standard.’’ definition are discussed individually recognized that special light-sport The word ‘‘governs’’ is changed to later in this section. aircraft may embody equipment that has ‘‘applies to.’’ As stated in the proposal, the FAA its own FAA approval (e.g., engines, The words ‘‘aircraft design and intended to limit the definition of light- propellers, communications equipment, performance’’ are changed to ‘‘aircraft sport aircraft to primarily address the instruments). Owners of special light- design, production, and airworthiness.’’ population of ultralight-like aircraft that sport aircraft will be required to comply The four topics that a consensus are being operated under exemptions to with applicable ADs issued against standard would govern have been part 103 to conduct flight training. The FAA-approved products installed on revised and additional specific items rule was not primarily intended to special light-sport aircraft. For details, have been added to the list of items that address type-certificated and vintage aircraft where there were not significant see the discussion under § 91.327 a consensus standard must address. regulatory, certification, or operational ‘‘Safety-of-flight issues.’’ The definition now lists the items that In addition, the FAA believes that the issues. The FAA recognizes that any a consensus standard ‘‘includes but is consensus standards should also aircraft that meets the light-sport aircraft not limited to.’’ The topics specified in address— definition may be operated by a sport the definition now include ‘‘standards Manufacturer’s Assembly pilot. However, it is necessary for the for aircraft design and performance, Instructions. In proposed § 21.193(e)(5), FAA to use its judgment and discretion required equipment, manufacturer the FAA stated an expectation that kit- in setting limits on aircraft to be flown quality assurance systems, production built experimental light-sport aircraft by sport pilots. would be assembled following detailed acceptance test procedures, operating The most frequently cited justification instructions provided by the instructions, maintenance and to increasing one or more design manufacturer. This was stated in the inspection procedures, identification attributes associated with the light-sport section-by-section analysis of the and recording of major repairs and aircraft definition was to enable existing NPRM. However, the FAA did not major alterations, and continued aircraft designs to be operated as light- establish any requirements with regard airworthiness.’’ sport aircraft. A majority of these to the quality of those assembly Definition of ‘‘Light-Sport Aircraft’’ comments contended that the light-sport instructions. In the final rule, a aircraft definition should be expanded Overview requirement is being added to to accept these additional aircraft § 21.193(e)(4) for the assembly The FAA believes that there might be simply because these larger or higher instructions to meet the consensus confusion concerning what performance aircraft could be safely standard. Also, there is a change to airworthiness certificates apply to light- operated as light-sport aircraft. § 21.191(i)(2) requiring that the sport aircraft. Therefore, the FAA is While some changes were made to the assembler provide evidence that he or clarifying this issue. A sport pilot may design attributes of the definition, there she assembled the aircraft according to operate any aircraft that meets the was only one change made to the the manufacturer’s instructions. definition in § 1.1 of a light-sport definition as a result of comments The manufacturer should prescribe aircraft, regardless of the airworthiness pertaining to operating type-certificated the details of an individual aircraft certificate issued for the aircraft. An aircraft as light-sport aircraft. The assembly process. The objective is for aircraft that meets the light-sport aircraft change prohibits aircraft modified to

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meet the parameters of the definition that the light-sport aircraft definition be aircraft to meet the light-sport aircraft from being operated as light-sport changed to include their aircraft, definition may increase its complexity aircraft. The reasoning for this change is whether it be an airplane with a to a level that is inappropriate for the explained below. standard airworthiness certificate, an capabilities of the sport pilot. This is the One commenter noted that the FAA’s amateur-built aircraft, or a vintage FAA’s rationale for excluding these proposal is unique in attempting to aircraft with a standard airworthiness modified aircraft from the light-sport address aircraft for used for recreation certificate. Several commenters stated a aircraft definition. rather than transportation purposes. desire that the FAA revise the light- The FAA notes that compliance with Some commenters expressed concern sport aircraft definition to permit them light-sport aircraft parameters can be that the light-sport aircraft definition to obtain the perceived advantages of more readily verified for type- did not describe how a given constraint the sport pilot certificate’s medical certificated aircraft than for amateur- would be shown to be satisfied. Neither provisions when operating their aircraft. built aircraft certificated under existing a § 1.1 definition nor an operating rule Commenters also requested § 21.191(g). Amateur-built aircraft do definition is normally so complete as to clarification as to how compliance with not have a TC, a flight manual, or a type establish how compliance with the some of the parameters used to define certificate data sheet. Because of this, it definition is determined. light-sport aircraft will be determined. may be difficult to determine if aircraft Another commenter noted that the The most frequently cited parameters with other than a standard definition of an aircraft category is were maximum takeoff weight, airworthiness certificate meets the usually established in the applicability maximum airspeed in level flight with limits listed for a light-sport aircraft and section of the appropriate airworthiness maximum continuous power VH, and can be operated by a sport pilot. The standard, rather than in § 1.1. The FAA stall speeds VS1 (without lift enhancing FAA anticipates that the aircraft design agrees with this observation. However, devices) and VS0 (landing consensus standard will include there will not be airworthiness configuration). As discussed under methodologies that will readily enable a standards set forth in specific parts of § 1.1, the consensus standards will determination that an aircraft design the Code of Federal Regulations, and the address details on methods of meets the light-sport aircraft definition. definition of light-sport aircraft will be demonstrating compliance. applicable to a variety of different kinds A commenter stated that the light- Requests for Light-Sport Aircraft of aircraft. Also, the definition is sport aircraft definition should require Definition To Include Additional Kinds significant both for aircraft and airman ballistic parachute recovery systems as of Aircraft certification purposes. For these protection in case of inadvertent A number of commenters wanted reasons, it is appropriate for the FAA to encounter of instrument flight rule (IFR) ‘‘light’’ and gyroplanes to be establish these limits for the light-sport weather conditions. The FAA disagrees. included in the definition of light-sport aircraft in the general definitions section This rule does not directly prescribe aircraft. They believed that these aircraft of part 1. design or equipment standards, those are suited for the sport and recreation Many commenters wanted various are contained in the consensus that the proposed rule addresses. existing airplanes to be included in the standard. As stated in the proposal, the FAA light-sport aircraft definition. Many of did not include helicopters because these commenters believe that the Modifications of Aircraft To Meet the their complex design, manufacture, and existing service record of these airplanes Light-Sport Aircraft Definition operation is beyond what the FAA makes them safe and more affordable Some commenters stated that aircraft envisioned for light-sport aircraft. The than a new airplane. The FAA with quite high payload and FAA included gyroplanes in the light- recognizes that certain aircraft that do performance characteristics that far sport aircraft definition, but does not not meet the definition of light-sport exceed the stated definition of light- intend to issue the special airworthiness aircraft may have operating sport aircraft could be modified to meet certificate in the light-sport category for characteristics that are similar to aircraft the definition of light-sport aircraft. The gyroplanes. See the discussion of that meet the definition. The FAA FAA has revised the definition of light- paragraph (9) of the definition of light- determined that the values used in the sport aircraft in the rule to prevent these sport aircraft below. definition strike an appropriate balance modifications. The FAA notes that these Several comments recommended that between safety and public interest. Refer types of modified aircraft are outside the the light-sport aircraft definition include to the discussion under ‘‘III.1. FAA stated purpose of the proposal. The individual unique aircraft designs, such Judgment and Discretion.’’ The FAA has proposal identified light-sport aircraft as as flying platforms or tandem revised the light-sport aircraft definition aircraft that exceed the limits set in aircraft. The FAA disagrees. The light- without the intent to include or exclude § 103.1, and are compatible with the sport aircraft definition does not need to specific aircraft. skills and training required to obtain a address every possible variation of sport pilot certificate. Light-sport aircraft. The FAA believes that the General Comments on the Design aircraft are simple low-performance unique nature of these aircraft precludes Attributes in the Light-Sport Aircraft aircraft that are distinct from small the development of consensus standards Definition aircraft that can be designed and built for these aircraft at this time. However, There was considerable interest in to existing airworthiness standards. In these aircraft remain eligible for the changing the design attributes that the proposal, the FAA permitted sport experimental certificate for operating control the definition of light-sport pilots to fly any aircraft that meets the amateur-built aircraft, under existing aircraft. The FAA received numerous light-sport aircraft definition. In § 21.191(g). A few commenters general questions and comments on prohibiting modifications to aircraft to requested that aircraft with standard aircraft currently certificated. Some meet the light-sport aircraft definition, airworthiness certificates not be commenters operating aircraft with a the FAA seeks to ensure that the light- included in the sport pilot program. As standard or an experimental certificate sport aircraft operating characteristics stated in the proposed rule, a sport pilot stated that their aircraft nearly met the are consistent with the skills and may fly an aircraft with a standard definition of light-sport aircraft. Many of training for the sport pilot. The FAA is airworthiness certificate, if it meets the these commenters expressed their desire concerned that modifications to an definition of light-sport aircraft. See also

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§ 21.175 discussion on airworthiness Aeronautical Federation (FAI). The FAA part 36 noise standards are applicable certificates. As stated above in the did consider this definition in only to aircraft with a type certificate or section titled ‘‘Modifications of Aircraft developing its proposal. The microlight a standard airworthiness certificate. See To Meet the Light-Sport Aircraft aircraft definition primarily addresses ‘‘XIV. Environmental Analysis’’ below. Definition,’’ a sport pilot may not fly an weight, seating capacity, and stall Paragraph (1) Maximum Certificated aircraft with a standard airworthiness speed. The FAA notes that the light- Takeoff Weight certificate that has been modified to sport aircraft definition addresses meet the light-sport aircraft definition. significantly more parameters than the Some commenters stated that lacking definition of microlight aircraft. The a definition of maximum takeoff weight, Comments Concerning the Limits FAA developed this definition to aircraft with fairly high performance Established by the Light-Sport Aircraft provide for the development of an characteristics could meet the definition Definition aircraft that matches the capabilities of of light-sport aircraft by limiting the Many commenters suggested the sport pilot. approved weight and payload of the alternatives to the maximum speed as A few commenters believed that the airplane. The FAA considers this a valid limiting factors for the light-sport FAA’s definition of light-sport aircraft concern and has provided some aircraft definition. The alternatives was too broad. Alternatives suggested additional constraints on the weight as proposed included wing loading included three different weight limits detailed below. The maximum weight of (airplane weight divided by airplane for light-sport aircraft, and the two- a light-sport aircraft is the sum of: wing area); horsepower (ranging from 80 tiered system proposed by USUA and (1) Aircraft empty weight; to 180 horsepower); fuel capacity; discussed in detail under ‘‘III.5.A. (2) Weight of the passenger for each aircraft payload; kinetic energy of the Comments on Ultralight Vehicles.’’ The seat installed; airplane at cruise speed; weight of the FAA disagrees that the light-sport (3) Baggage allowance for each drive train package. One commenter aircraft definition should be changed to passenger; and proposed to base the light-sport aircraft address different weight limits for (4) Full fuel, including a minimum of definition on the weights and different kinds of light-sport aircraft. the half-hour fuel reserve required for aerodynamic performance of the J–3 The FAA believes that the use of a broad day visual flight rules in § 91.151(a)(1). Cub airplane. The FAA disagrees that definition for light-sport aircraft, along Some commenters wanted the weight the light-sport aircraft definition should with the development of consensus increased to permit stronger aircraft be changed to replace the maximum standards appropriate for each class of structures, use of four-stroke or type- speed limit with a different limiting aircraft, will result in safe and certificated engines, electrical systems design condition. The FAA does not economical aircraft for the wide range of for avionics, starters for engines, or believe that any of the alternatives products in recreational aviation. ballistic recovery systems. The FAA is suggested will be a better, more readily One commenter suggested eliminating increasing the weight limitation of the determined method of assuring that the word ‘‘light’’ from the definition, to light-sport aircraft from the proposed light-sport aircraft are simple, low prevent the implication that there might 1,232 pounds (560 kilograms) to 1,320 performance aircraft. The FAA has not be medium- and heavy-sport aircraft to pounds (600 kilograms). The originally eliminated a maximum speed in the follow. Another commenter suggested proposed weight limitation was based light-sport aircraft definition. However, ‘‘Class III aircraft’’ as an alternative, on the 1,200-pound weight limitation the light-sport aircraft definition has stating that the public might form an proposed by the ARAC’s light-sport been revised to increase the maximum impression that light-sport aircraft aircraft working group. The FAA agrees speed limit. The FAA has not adopted ‘‘* * * are frivolous toys.’’ The FAA that there may be a safety benefit to an alternative approach to setting an disagrees with these opinions and light-sport aircraft designs to include upper limit to the power or performance believes that the words used to describe provisions for currently produced type- of a light-sport aircraft. However the ‘‘light-sport aircraft’’ are adequate to certificated four-stroke engines and FAA decided that the light-sport aircraft distinguish this category of aircraft. ballistic parachute recovery systems. definition should set an upper limit for Several commenters stated that the Commenters submitted data that aircraft power to assure that the aircraft cost of new aircraft would be indicated that an additional 60 to 70 is suitable for the sport pilot. The FAA prohibitive with the goals of the pounds would accommodate four-stroke believes that the maximum airspeed proposed rule. The FAA disagrees. The aviation powerplants, and that an limit, combined with a maximum aircraft certification process that uses additional 30 to 40 pounds would takeoff weight, acceptably serves this industry consensus standards and a accommodate the ballistic parachute purpose, for the reasons originally manufacturer’s statement of compliance recovery systems. For these reasons, the stated in the proposed rule. The FAA is a lower-cost approach than type and FAA has revised its proposed maximum discusses each of the attributes of the production certification. Refer to the full takeoff weight limitation to 1,320 light-sport aircraft definition elsewhere regulatory evaluation that is in the pounds (600 kilograms) for aircraft in this section. rulemaking docket for a detailed designed for operation on land. Some commenters believed that the discussion on the estimated cost to the In addition, many commenters limits in the FAA’s definition of light- end user. requested that the proposed weight sport aircraft would limit innovation, or A commenter suggested that light- limitation be increased to accommodate lead to the development of unsafe sport aircraft should have a maximum flying boats, amphibious or float plane aircraft. The FAA disagrees with this noise limit established and verified by aircraft designs. The FAA originally opinion, and believes that the consensus a simple protocol to be defined in the envisioned these kinds of aircraft in its standards process and the FAA’s consensus standard for aircraft proposed light-sport aircraft definition. participation in that process will lead to performance. The commenter believed Recommendations from these an acceptable balance between that including a noise limit would commenters indicated weights ranging innovation and safety. prevent adverse public impressions of from 100 pounds to 250 pounds to allow A few commenters requested that the light-sport aircraft. Current amateur- for amphibious or float plane capability. FAA use the definition of microlight built aircraft do not require compliance The rule provides for a maximum take- aircraft established by the International with a maximum noise limit. Presently, off weight of 1,430 pounds for light-

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sport aircraft designed for operation on weight limit was intended to refer to an the FAA strategically established the water. The 110-pound weight increase uninflated mass. The FAA intended for weight limit to favor the sale of new, compared to an aircraft not designed for the LTA weight limit to be comparable more expensive light-sport aircraft. The operation on water is consistent with to the weight limit for the other light- FAA did not have such a purpose in data submitted regarding weight of sport aircraft designs, that is, a mind when it established its proposed floats for microlight type aircraft. maximum mass for the aircraft. The light-sport aircraft weight limit. Also, in Some commenters objected to setting FAA intended for the weight limit to establishing the light-sport aircraft, FAA a weight limit that becomes a specific include the aircraft with passengers and did not intend to promote existing number of pounds based on conversion fuel, and the weight of the certificated aircraft. When the FAA of kilograms to pounds, assuming that (the product of lifting gas volume and initially set the proposed limits for the the FAA is relying solely upon foreign density) added to the weight of the light-sport aircraft definition, the FAA airworthiness standards in establishing uninflated mass. For airships, the FAA did not look at currently built aircraft, the light-sport aircraft category. The intended the defined weight limit to either with type certificate approval or FAA stated weight limitations are include the empty weight of the airship, in the amateur-built aircraft different from those used by other the weight of pilot and passenger, fuel, marketplace. The FAA’s proposed airworthiness authorities for the reasons and lifting gas (FAA–P–8110–2, definition was to address aircraft to be stated in the two preceding paragraphs. ‘‘Airship Design Criteria,’’ paragraph 2– designed and built for the sport pilot, Many commenters proposed 4). One commenter provided a weight rather than addressing existing aircraft alternative weight limits, ranging from statement for a two-passenger hot air for currently certificated pilots. 1,250 to 2,650 pounds, to encompass a , saying that 800 to 1,000 pounds A commenter stated that the proposed number of existing general aviation or would be appropriate in that it would weight limit eliminates the eligibility of classic aircraft. In the FAA’s judgment, allow for two 15-gallon fuel tanks, or many production aircraft, and seems to the weight limit in the rule is 230 pounds of fuel. The FAA disagrees. cater to homebuilt aircraft. The FAA appropriate for the light-sport aircraft to The FAA’s originally proposed weight disagrees with this opinion. The reasons be compatible with the skills and limit for LTA aircraft was based on a for the weight limit were discussed in training of the sport pilot. review of the weights of type- the proposal and were intended to Some commenters wanted the weight certificated manned free balloons. The accommodate a wide variety of simple, increased, stating that a passenger FAA believed that the maximum weight low performance aircraft that have no weight of 170 pounds is not realistic permitted for a LTA light-sport aircraft more than two occupants. The FAA has today. The FAA notes that the should not be greater than the maximum explained elsewhere in this section the maximum take-off weight includes the weight of currently existing type- reasons for its changes to the proposed weight of the occupants. The certificated manned free balloons. The weight limit in the light-sport aircraft manufacturer may want to consider this FAA believes the requirements in part definition. A few commenters noted that in their design and communicate any 21 and part 31 are appropriate for the the FAA’s originally proposed weight weight limits to the customer. A few manufacture and design of hot air limit would result in some models in a commenters stated that the FAA should balloons larger than proposed by the particular classic aircraft line being use weight other than maximum takeoff FAA. eligible for the light-sport aircraft weight as a limiting condition. Additionally, one commenter stated category, while other models in the Alternatives suggested by commenters that 2,200 pounds would be an same line would not be eligible. The included aircraft empty weight, or appropriate weight limit for airships in FAA believes that this is evidence that maximum payload. The FAA believes the light-sport aircraft category because the weight limit for light-sport aircraft that the maximum take-off weight is an the low speeds for takeoff or approach was not drawn with the intent of appropriate limiting parameter for light- to landing would result in low kinetic including or excluding specific aircraft. sport aircraft, because it is an objective energy. The commenter also expressed A commenter proposed that the FAA measure that can easily be determined concern that existing very light hot air establish different weight limits for when the aircraft configuration is airships are robust enough to single- and two-seat aircraft. This would specified. accommodate two large persons plus the add an additional limiting condition to A few commenters agreed with the systems and structures for a powered the definition of light-sport aircraft. The FAA’s originally proposed weight limit LTA aircraft. The commenter did not FAA disagrees. The weight is only one of 1,232 pounds for aircraft that are not provide any data to support the position component of the definition. The FAA lighter-than-air (LTA) aircraft. Some that the weight limit in the FAA’s believes that its weight limit is commenters questioned the rationale for proposal or the existing airship design appropriate for a two-seat aircraft. One the FAA’s originally proposed weight certification criteria for small airships of the main purposes of the light-sport limit. As stated above, the weight limit used for sport and personal recreation aircraft definition is to provide originally proposed by the FAA for are unnecessarily burdensome. The appropriate flight training aircraft for other than LTA was a balance between FAA believes that the requirements of sport pilots. The weight limit proposed the original ARAC recommendation for part 21 and the guidance contained in by the FAA is intended to accommodate light-sport aircraft, and existing foreign FAA publication FAA–P–8110–2, aircraft designed for two occupants. The airworthiness requirements for sport ‘‘Airship Design Criteria’’ are FAA does not have data that would aircraft, such as microlights and aircraft appropriate for the manufacture and support establishing a reduced weight certificated under the Joint design of airships as large as that limit for single occupant aircraft. The Airworthiness Requirements for Very proposed by the commenter. FAA notes, however, that a Light Aircraft (JAR–VLA). Several commenters stated that the manufacturer may choose to produce a Some commenters objected to the FAA’s proposed weight limit for the single place aircraft with a weight less FAA’s proposed weight limit of 660 light-sport aircraft definition had the than the maximum permitted by the pounds (300 kilograms) for an LTA effect of eliminating some existing rule. A commenter stated that the aircraft, stating that the weight limit is certificated aircraft that they believed weight limit will preclude tricycle too low for a two-passenger hot air were ideally suited for the sport pilot landing gear on light-sport aircraft, and balloon. One comment asked if the rule. One commenter’s opinion was that that will make light-sport aircraft more

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difficult to operate by low-time pilots. Paragraph (2) Maximum Airspeed in addresses any training concerns and The FAA does not agree that the weight Level Flight With Maximum Continuous that the change in the VH airspeed limit limit will preclude tricycle gear light- Power (VH) from 115 to 120 knots does not require sport aircraft. The FAA is aware of As discussed in more detail later in any additional training beyond what is tricycle-gear aircraft that meet the light- this section, the FAA always intended established in the rule. Some commenters believed that the sport aircraft weight limit. that the light-sport aircraft definition proposed airspeed limitation, V , would establish an appropriate limiting H A commenter proposed that the should be eliminated and some maximum airspeed. During the FAA’s weight limit should only apply to commenters state that unlimited preliminary discussions to set the powered parachutes and weight-shift- maximum speeds would not jeopardize design attributes proposed in the NPRM, control aircraft, and that higher weights safety. A commenter said that the FAA the FAA considered a range of limiting should be permitted for airplanes in the should impose other design limits or airspeeds. When setting an appropriate light-sport aircraft category. The FAA flight characteristics instead of a limiting maximum airspeed, the FAA disagrees that different weight limits maximum speed limit for light-sport took into account that: (1) Training should be established for powered airplanes. One commenter specifically requirements for the sport pilot parachutes, weight-shift-control aircraft, asked why the FAA cares how fast the certificate are based on the simplicity of and airplanes. However, the FAA agrees airplane can fly. The FAA disagrees that the aircraft’s operating characteristics; a maximum speed limit is unnecessary that the weight limit for light-sport and (2) aircraft certification aircraft should be raised and has done for light-sport aircraft. As stated in the requirements are based on a NPRM, the FAA believes that a so in the final rule. The FAA believes performance envelope appropriate for a that the maximum weight limits maximum speed limit is appropriate for light-sport aircraft. aircraft designed for operation by established in the light-sport aircraft In constructing the light-sport aircraft definition will permit the design and persons with the minimum training and definition, the FAA also took into experience of a sport pilot. Some manufacture of two-seat airplanes consideration three groups of aircraft commenters state that the maximum suitable for operation by sport pilots. that will be addressed by this rule: (1) speed limitation is essentially Manufacturers of powered parachutes Two-place ultralight-like aircraft that unenforceable. For the purpose of and weight-shift control aircraft may have been operating under an issuing the special light-sport aircraft manufacture aircraft that weigh less exemption to part 103; (2) new light- airworthiness certificate, the FAA than the maximum weight limit sport aircraft to be designed, believes that the consensus standards permitted by the light-sport aircraft manufactured and operated under this will identify an easily repeatable definition. rule; and (3) existing aircraft whose low demonstration for the manufacturer to performance capabilities would meet Some commenters stated that low prove that the aircraft meets the light- the light-sport aircraft definition. In the stall speed is more important than sport aircraft definition. The proposed rule, the FAA believed that aircraft weight. The FAA agrees that low manufacturer will perform this test in the 115 knots CAS VH limit met the two support of its statement of compliance. stall speed is important; however, the considerations in the preceding FAA does not believe that the light- One commenter stated that aircraft paragraph and covered the range of speeds vary with altitude, and the light- sport aircraft definition should identify aircraft described in this paragraph. sport aircraft definition did not state any any one attribute of the definition as Additionally, the FAA specifically FAA expectation concerning this. The more important than another. requested additional input through the FAA agrees with the comment, and is Commenters recommended that sport light-sport aircraft online forum on specifying in the light-sport aircraft pilots be permitted to fly aircraft heavier methods to establish upper limits for the definition that performance limitations than the FAA’s proposed weight limits light-sport aircraft definition. To read are expected to be met for standard with a logbook endorsement. Another the online forum comments, go to the atmospheric conditions at sea level. commenter proposed that sport pilots electronic docket address given above in Commenters stated that the FAA’s with higher experience levels be the section titled ‘‘Availability of proposed limit of 115 knots maximum permitted to fly aircraft heavier than the Rulemaking Documents’’ and view item airspeed in level flight with maximum FAA’s proposed weight limits. A number 2676 in Docket No. FAA–2001– continuous power is unnecessary or different commenter said that for 5 years 11133. redundant because the aircraft weight The FAA still believes that following the adoption of the FAA’s and stall speed establish power and establishing a maximum airspeed in wing loading, which effectively set drag proposal, sport pilots should be level flight at maximum continuous that limits maximum speed. One permitted to fly existing general aviation power (VH) is the best way to limit commenter proposed that a weight limit training aircraft that are within 120 ‘‘high-end’’ capability of the powered of 750 pounds for a single-seat light- percent of the limits established in the light-sport aircraft. With the change to sport airplane would limit power and light-sport aircraft definition. The FAA the light-sport aircraft definition airspeed without requiring a design disagrees that sport pilots should be permitting increased weight, which may constraint. Alternatively, some permitted to fly aircraft heavier than the provide for the use of higher-powered commenters proposed that the sport weight limits for light-sport aircraft. The engines, the FAA is also increasing VH pilot accept an operating limitation to FAA believes that a pilot operating to 120 knots. The FAA believes that this not operate at speeds in excess of the aircraft above these weights should have small increase is appropriate for the FAA’s desired limit. A commenter at least a private or recreational pilot’s revised light-sport aircraft definition proposed that a sport pilot operating certificate. For further discussion on and remains consistent with the limitation of 100 knots CAS in the sport pilot training limits reference the purpose that was the basis for the airport traffic pattern should be an discussion titled ‘‘Flight Training and originally proposed 115-knot CAS (VH) alternative to the proposed light-sport Proficiency Requirements’’ in the limit. The FAA believes that the training aircraft maximum airspeed limit. The section on Part 61 general issues. required for sport pilots operating light- FAA believes that because of the wide sport aircraft over 87 knots (VH) variety of aircraft to be included in the

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light-sport aircraft definition, the use of Commenters stated that the proposed drag) can provide benefits to the airplane-based parameters is not limit is impractical, because when the operator other than increased speed. adequate to eliminate an upper limit on airplane nose drops, it will accelerate Such benefits may permit the aircraft to light-sport aircraft speed. The FAA and possibly exceed the limit set by the use a smaller engine, have increased requires a maximum speed limit to light-sport aircraft definition. The FAA range, or have increased payload assure a light-sport aircraft design that disagrees that the limit is impractical. capacity. is compatible with the capabilities of a The proposed limit is for straight and Some commenters proposed that a sport pilot. However the FAA disagrees level flight only and should not be horsepower limit would be more with the use of operating limitations to confused with a maximum operating suitable than a maximum speed limit. A prescribe limitations on the aircraft speed or a maximum dive speed. The commenter stated that horsepower and definition. Using operating limitations consensus standard for airplane design drag are the factors that set airplane instead of aircraft design limits may and performance will assure that the maximum speed. The FAA agrees that permit sport pilots to use aircraft that aircraft structure has adequate margins there are alternative methods of limiting exceed the parameters of the light-sport to be operated within its allowable aircraft speed, however, the FAA has aircraft definition. speed range. chosen to limit the speed directly rather Commenters requested that the FAA Several commenters stated that the than indirectly through some other consider alternative maximum speed same flying skills are needed for a parameter. Due to the variability of limits, ranging from 120 to 187 knots slower or a faster airplane. The FAA aircraft design the FAA believes that CAS. One commenter proposed that the disagrees and notes that the skills limiting horsepower would not maximum airspeed limit should be 120 necessary to operate an aircraft that necessarily result in consistent knots, so that 2 nautical miles (NM) per exceeds 120 knots differ from those maximum airspeed limitations. minute would simplify navigation by skills necessary to operate a light-sport Some commenters stated that higher pilotage. The FAA disagrees that aircraft. In addition, the FAA requires a speed does not affect safety, but simplifying navigation by pilotage sport pilot to obtain additional training insufficient power may reduce safety. would be an appropriate justification; to operate an aircraft with VH greater The FAA has previously discussed how however, the FAA is increasing the than 87 knots and less than 120 knots higher speed may affect safety. With maximum speed value to 120 knots CAS because different skills are necessary to regard to simple, low-performance from the 115 knots CAS originally operate these light-sport aircraft with aircraft, the design and performance proposed. As previously stated, the FAA higher performance capabilities. For consensus standard will ensure that all believes this small increase is further discussion on training aircraft meet a minimum performance appropriate for the revised definition of requirements reference ‘‘V.5.A.iii. Flight standard and therefore provide an ‘‘light-sport aircraft,’’ and it remains Training and Proficiency Requirements’’ acceptable level of safety. Several consistent with the original proposal. in the discussion of Part 61 general commenters stated that the maximum The FAA does not believe that this issues. airspeed is dependent upon throttle change will materially affect the A commenter proposed that a position, and that operating at 100% population of aircraft that are eligible to different light-sport airplane category throttle is not a normal operation. meet the definition of light-sport permit faster airplanes, or that a sport Although this statement is true, the FAA aircraft. pilot be permitted to operate faster has determined that it is appropriate to Commenters stated that the proposed airplanes with a logbook endorsement. impose a maximum speed limit for the limit is unenforceable, because a The FAA disagrees that sport pilots reasons stated above. propeller pitch change can increase or should be permitted to fly faster aircraft Another commenter stated that many decrease the airplane speed at heavier than permitted by the definition airplanes ‘‘claim’’ inflated top speeds, maximum power. Some commenters of light-sport aircraft. The FAA believes so only a demonstrated maximum speed asked if flat pitch propellers or engine that a pilot operating aircraft above the would be credible. The FAA agrees and governors would be permitted as a way speed in the definition should have at notes that VH was selected as it is easily for an airplane to satisfy the maximum least a private or recreational pilot’s demonstrated. Several commenters airspeed constraint. The FAA agrees certificate because the FAA believes it noted that in-service variations affecting that the manufacturer may use flat pitch would not be appropriate or safe for engine or propeller efficiency, propellers or engine governors as part of persons with the minimum training and instrument calibration, or airplane the aircraft design to demonstrate experience of a sport pilot to operate aerodynamics could cause significant compliance with the light-sport aircraft faster or heavier aircraft. variations in actual maximum airspeed. definition. If an aircraft propeller or A commenter stated that cruise speed The FAA agrees that some small engine configuration causes the aircraft has little to do with aircraft energy variations in actual aircraft performance to exceed the prescribed limitations, the when the aircraft is out of control. The are to be expected. However, the FAA aircraft will not be considered to meet FAA notes that the purpose of the believes that a demonstration by the the definition of light-sport aircraft. The limitation on speed is to make it easier manufacturer of the aircraft’s maximum FAA notes that although it is not for the sport pilot to maintain aircraft airspeed in a specified configuration is permitting variable pitch propellers, the control. The FAA believes that, at adequate to ensure that the airplane use of ground adjustable propellers is higher cruise speeds, the possibility for design is compatible with the light-sport permitted. The FAA expects the adverse consequences from momentary aircraft definition. A commenter stated airplane manufacturer to define the loss of control is greater. Commenters that foreign sport airplane airworthiness airplane configuration, using critical objected that the proposed limit would standards do not impose a maximum parameters, when determining force the design of inefficient aircraft. airspeed requirement, and this would be compliance with the light-sport aircraft The FAA disagrees with this opinion. an unfair advantage compared to definition. The FAA expects that the Faster aircraft are not necessarily more American aircraft. The FAA disagrees sport pilot will operate the aircraft in efficient than slower aircraft. Maximum that foreign aircraft have an unfair the configuration that the manufacturer speed is not an indication as to whether advantage. Regardless of the country of used to demonstrate compliance with or not an aircraft has an efficient design. manufacture, in order to be considered the light-sport aircraft definition. An efficient aircraft design (with lower a light-sport aircraft, the aircraft must

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meet the parameters of the light-sport maintain by adding flaps to a design for sport aircraft to operate in Class B, C, or aircraft definition. no other purpose than to meet the VS0 D airspace. The FAA does not agree that A commenter proposed that the light- requirement. Light-sport aircraft may operating in these airspace classes sport aircraft definition should assure have flaps because the safety benefit of requires such a high stall speed and structural integrity by requiring that the this feature can be achieved without the notes that ultralight vehicles may maximum speed in level flight with complexity inherent in retractable operate in Class B, C, or D airspace with maximum continuous power, VH, be landing gear or controllable-pitch ATC permission. Additionally, other less than or equal to the design propellers. The FAA is eliminating the aircraft with stall speeds below 50 knots maneuvering speed (VA) at altitudes of maximum stalling speed in the landing routinely operate in these classes of 8,000 feet or less. Because the FAA is configuration (VS0) restriction that was airspace. not establishing structural limits in the proposed in paragraph (4) of the NPRM A commenter proposed that the FAA definition of light-sport aircraft, it because the low-speed limit is require shoulder harnesses in light-sport would be inappropriate to include this adequately addressed by the maximum aircraft and then increase the proposed constraint in the definition. The FAA ‘‘clean’’ stall speed (VS1). stall speed limits by 10 percent. The believes that this would be an excessive FAA disagrees that installing shoulder restriction for light-sport aircraft. Final Rule Paragraph (4) Maximum harnesses should permit increased stall Stalling Speed or Minimum Steady speeds for light-sport aircraft. This rule Paragraph (3) Maximum Never-Exceed Flight Speed Without the Use of Lift- does not directly prescribe equipment Speed (VNE) for a Glider Enhancing Devices (VS1) (Proposed as standards as those are contained in the A commenter stated that the FAA’s Paragraph (5)) consensus standards. proposed maximum speed of 115 knots The FAA received numerous A commenter proposed that an for a glider does not provide adequate comments concerning the two proposed increased stall speed would permit a protection against headwinds or wind maximum stall speeds. Some higher aircraft weight, which would shear. A commenter asked that the commenters agreed with the stall speeds permit installation of more navigation never-exceed speed (VNE) be increased originally proposed by the FAA. Many and communication equipment on the slightly to allow for increased safety, commenters proposed higher alternative light-sport aircraft. As noted elsewhere utility, and comfort. Several comments values for the light-sport aircraft stall in this section, to accommodate the recommended increased VNE for gliders. speed limit, ranging from 45 miles per weight increase and maximum speed Additional comments expressed hour (mph) (39 knots) to 63 mph (55 increase from the originally proposed satisfaction with the consistency with knots). Typically, commenters referred maximum values, the FAA is increasing the VH for . The FAA is to a particular homebuilt, classic, or the limit stall speed without the use of aware that the two maximum speed existing training airplane as being lift enhancing devices VS1 to 45 knots limits established in the light-sport appropriate for consideration under the CAS. aircraft definition have two different light-sport aircraft definition and for Several commenters proposed that the bases. As stated in the previous section, operation by a sport pilot. The FAA did light-sport aircraft should have a lower the FAA’s concern is that the light-sport not establish a maximum stall speed for stall speed limit. One reasoned that aircraft definition set a maximum speed light-sport aircraft based on the slower flight permits a wider choice of limit for the aircraft to be flown by sport parameters of particular aircraft. emergency landing fields. Several stated pilots. In response to the comments Additionally, one commenter asked that the stall speed should be as low as reported in this section, in the final rule, why the stall speeds were so low. The possible for safety’s sake. The FAA VNE for gliders is increased to 120 knots FAA’s proposed stall speeds were based agrees with these principles; however, CAS. This is done to maintain on early discussions with light-sport disagrees with the need to lower the consistency between the VH value for aircraft industry representatives. A basic proposed stall speed. The FAA believes powered aircraft and the VNE value for design principle for light-sport aircraft that the revised stall speed is gliders. is that the stall speed for these aircraft appropriate for aircraft that might weigh is about one third of the aircraft as much as the maximum weight limit Proposed Paragraph (4) Maximum maximum speed. The FAA notes that that is established in the light-sport Stalling Speed or Minimum Steady when it increased the maximum aircraft aircraft definition. The FAA notes that Flight Speed in Landing Configuration speed in the final rule it also increased the maximum stall speed does not (VS0) the maximum stall speed accordingly. prohibit a manufacturer from producing Some commenters recommended that A commenter stated that the FAA lighter aircraft with lower stall speeds. the FAA eliminate the 39-knot stall should increase the stall speed to a A commenter believed that 30 to 35 speed in the landing configuration. range of 50 mph to 60 mph, ‘‘*** knots would be better than the value Many comments recommended raising which would be above what is generally proposed by the FAA, and the limit of 39 knots CAS in the landing encountered as normally high runway recommended that the part 103 stall configuration. Some commenters turbulence and would lead to safer speed of 24 knots would be even better. questioned the narrow proposed spread landings.’’ The FAA believes that the As described in detail elsewhere in this between the originally proposed VS0 stall speed established in the light-sport section, the FAA believes that an (proposed in paragraph (4)) of 39 knots aircraft definition should be adequate to increased stall speed for light-sport CAS and the VS1 (proposed in paragraph address airport surface conditions aircraft is appropriate for the maximum (5)) of 44 knots CAS. normally encountered by light-sport aircraft weight permitted by the light- The FAA agrees that the proposed aircraft. Permitting significantly sport aircraft definition. The FAA notes spread of stall speeds in practice is increased stall speeds may have the that the light-sport aircraft definition is narrow, and provides a mixed message effect of changing the takeoff and intended to broadly encompass a wide as to the limiting design condition. A landing characteristics of light-sport range of aircraft for sport pilots. Some low stall speed is desirable, but not at aircraft to a degree that is inappropriate light-sport aircraft design parameters the expense of forcing a simple aircraft for their operation by sport pilots. significantly exceed the parameters of that otherwise meets the definition to A commenter stated that a 50-knot vehicles operating under part 103. become more complex to operate and stall speed would be needed for light- Therefore, it would not be appropriate

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to use the part 103 stall speed limits for level of operational and mechanical characteristics to accommodate single- all light-sport aircraft. complexity that extends far beyond the engine failure in a multi-engine layout. A commenter agreed with the concern scope of this rule. Current pilot A commenter proposed that multi- for a low stall speed, but stated that certification rules require an additional engines be permitted, with a combined pilot awareness should better focus on rating for multi-engine operation and a horsepower limit. For the reasons stated airplane angle of attack rather than type rating for turbojet powered aircraft. previously, the FAA disagrees that light- speed. The FAA agrees that there is a These additional pilot ratings are not sport aircraft should be permitted to need to limit the capability of the light- available to the holder of a sport pilot have multiple engines because of the sport aircraft but notes that angle of certificate. Further, most turbopropeller additional operational complexity of attack is not an appropriate design engines make use of cockpit- these aircraft. parameter for these aircraft. Pilot controllable variable pitch propellers A commenter stated that for training typically addresses critical and many have a reverse thrust ultralight-like aircraft, the engines aircraft attitudes, including angle of operational mode as well. Such devices should be considered non-essential attack. are mechanically and operationally equipment. Another commenter stated A commenter stated that FAA should complex, requiring more extensive that because ultralight pilots are trained clarify that aircraft speeds are more training to operate in flight and having to stay within safe gliding distance from accurately represented by knots True far more complex maintenance an emergency landing field then engines Air Speed (TAS) or knots Calibrated Air requirements. Therefore, the definition should be considered as non-essential Speed (CAS), rather than knots of light-sport aircraft will continue to equipment. The FAA will permit the Indicated Air Speed (IAS). Both the exclude multiengine or turbine-powered teams developing the design consensus proposal and the final rule refer to aircraft. standards for the different classes of speeds in knots CAS. Several commenters proposed that light-sport aircraft to determine whether Commenters asked for details on how small turbine engines be permitted for engine operation is essential to the safe the stall speed is determined. The light-sport aircraft. Reasons included operation of these aircraft. Neither the definition was changed to specify that simplicity of design and operation, light-sport aircraft definition nor the maximum stalling speed is determined desire to foster innovation, and safety rule directly prescribes standards for at maximum weight, with most critical relative to a propeller design. A design of equipment, such as engines. center of gravity location, at sea level commenter stated that a small turbine The FAA believes that in many standard day conditions. However, the engine permits a simpler powerplant instances light-sport aircraft will be actual test method is to be defined in package for a powered glider than a operated well beyond safe gliding the consensus standard. propeller engine. The FAA does not distances from an emergency landing agree that turbine engines are field. Final Rule Paragraph (5) Maximum appropriate for the light-sport aircraft A commenter asked if type- Seating Capacity (Proposed As category. Turbine engines possess certificated engines will be required for Paragraph (6)) inherent design characteristics that must light-sport aircraft. The FAA notes that Several commenters stated that the be accommodated by stringent design, the rule does not require the installation FAA should permit more than two seats maintenance, and operating criteria that of type-certificated engines. for the light-sport aircraft. Additionally, are inconsistent with the light-sport The FAA notes that in the final rule a commenter asked if four-seat airplanes aircraft regulatory philosophy. the term ‘‘single non-turbine engine’’ could meet the light-sport aircraft Specifically, turbine engine failure has been modified to single definition with limitation of only using modes, such as disc bursts, can be reciprocating non-turbine engine. This two seats. Light-sport aircraft are catastrophic to the aircraft. The FAA has was done to preclude light-sport aircraft simple, non-complex, aircraft and established engine and airframe powered by rocket engines but still adding more seats or passengers would certification regulations to address these permit rotary and diesel engines. add to the weight and complexity of failure modes such as mandatory life Final Rule Paragraphs (7) and (8) these aircraft resulting in operational limits, extensive engine analyses and Propellers (Proposed as Paragraph (8)) characteristics that would be testing, and airframe layout, structural inappropriate for the sport pilot. A and performance criteria that require The FAA received numerous commenter asked if a single-seat aircraft extensive FAA oversight that is beyond comments on the proposed definition is eligible as a light-sport aircraft. The the scope of this rulemaking. limiting powered light-sport aircraft to a definition permits a single-seat aircraft. Many commenters stated that light- fixed or ground-adjustable propeller. A commenter asked if side-by-side sport aircraft should have the safety Several commenters stated that existing seating would be permitted for flight benefit of multi-engine reliability. A electronically controlled in-flight instruction. Another commenter commenter stated that small multi- adjustable propellers are widely used in questioned the permissible arrangement engine ultralight-like airplanes respond the ultralight industry, and are not as of the seats in a two-place aircraft. Side- differently to a single engine failure complicated as hydromechanically by-side or tandem seating is permitted than relatively larger general aviation controlled constant-speed propellers. A under this rule. The definition does not aircraft. Another commenter stated that commenter stated that the light-sport define the arrangement of the seats. the light-sport aircraft performance aircraft definition should not stifle would assure that multi-engine innovation in developing automatically Final Rule Paragraph (6) Single, operation would require a negligible controlled adjustable propellers. Most of Reciprocating Engine (Proposed As difference in pilot skills. Another the commenters stated that electrically Paragraph (7)) proposed to require only a single thrust driven variable-pitch propellers have Commenters recommended that the line and permit multi-engines. Another been used on ultralight vehicles, and light-sport aircraft definition allow for proposed that the light-sport aircraft that they are not inherently complex multi-engine aircraft, turbine-powered definition contain suggested specific and recommended changing the aircraft, or both. The FAA disagrees performance values and include definition to include variable-pitch with this suggestion. Multi-engine and provisions that would result in a light- propellers. The FAA does not agree that turbine-powered aircraft introduce a sport aircraft having docile handling the light-sport aircraft definition should

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be changed to permit controllable pitch certificate for the purpose of operating Paragraph (9) Gyroplane Rotor System propellers. These propellers add a light-sport aircraft. The operator may The definition of light-sport aircraft in operational complexity to an aircraft, as be able to qualify for another proposed § 1.1 included gyroplanes. As well as the potential for mechanical experimental certificate for a different discussed in the NPRM, the FAA did failure. In addition, because of the purpose such as amateur-built. not propose to issue special training requirements for sport pilots Some commenters recommended that airworthiness certificates for gyroplanes and repairmen (light-sport aircraft), the the light-sport aircraft definition include in the light-sport category. The FAA FAA does not believe that light-sport particular aircraft that have constant- received numerous comments on the aircraft should have controllable pitch speed propellers. Some commenters subject of gyroplanes (or or propellers. The FAA further notes that stated that variable-pitch propellers gyrocopters), including a submittal from a controllable-pitch propeller is one of provide performance benefits for the gyroplane trade association. Most of the characteristics of a complex airplane smaller powerplants, and that this can the comments concerned the availability as listed in § 61.31 (e). As stated in the be a safety benefit. The FAA does not of dual-instruction, and the effect that proposed rule, the FAA intends for agree that these potential benefits terminating current training exemptions light-sport aircraft to be simple, low outweigh concerns discussed previously would have on the availability of performance aircraft. concerning the complexity of operations Commenters proposed that adjustable- training for gyroplane pilots. The FAA and maintenance for light-sport aircraft. pitch propellers are needed for safety included gyroplanes in the light-sport and performance benefits for powered Some commenters stated that aircraft definition to permit a sport pilot aircraft, particularly for seaplanes. One seaplanes use reversible-pitch to fly the small gyroplanes that are commenter stated that the maximum propellers to assist in water handling currently available on the market. The speed limit and additional weight for characteristics and that the definition of FAA believes that the training floatplanes should permit adjustable light-sport aircraft be modified to permit exemptions have permitted some propellers for those aircraft. Another reversible-pitch props on seaplanes. For increased availability of gyroplane flight commenter noted that reversible the reasons stated above, the FAA instructors because the exemptions propellers are typically used by disagrees and will not permit the use of allowed for a two-seat gyroplane to be floatplanes as brakes in surface reversible pitch propellers for seaplanes. operated as an ultralight training vehicle operations on the water. The FAA does Some commenters requested that the by a qualified ultralight instructor. not believe that these benefits justify light-sport aircraft definition permit Existing two-seat gyroplanes that had permitting controllable pitch propellers powered gliders to have in-flight been operated as training vehicles under for these aircraft for the reasons stated adjustable propellers. According to the the part 103 exemptions, and which above. commenters, powered gliders use a have been certificated under Commenters proposed that small motor and propeller to prolong § 21.191(i)(1), will be permitted to controllable pitch propellers be the cruise or soaring flight. The conduct similar flight training permitted on light-sport aircraft and that powerplant may also be used for self- operations for five years, as provided for a sport pilot be permitted to operate that launching of the powered glider. A in § 91.319 in this rule. The part 61 aircraft if the pilot has the appropriate number of different systems exist, provisions of the rule will permit an training and a corresponding ranging from a windmilling propeller, to existing ultralight gyroplane flight endorsement. The FAA does not agree various autofeather propeller systems, to instructor to transition to become a that the light-sport aircraft definition systems that fold the propeller and stow flight instructor with a sport pilot rating. should be revised to permit this because the motor. The FAA anticipates that this 5-year it would require a level of training for transition period will permit the The FAA notes that reduction of drag sport pilots and repairmen (light-sport gyroplane flight instructor pool to is critical to safe operation of aircraft) that is not commensurate with continue to expand to address the unpowered and powered gliders. the privileges of those certificates. concerns of most of the commenters. A commenter proposed that Powered gliders are a unique kind of Two-seat gyroplanes that have been adjustable propellers be permitted on light-sport aircraft in that they use a issued experimental certificates for the light-sport aircraft, but that a private propeller to carry the aircraft to glide purpose of operating amateur-built pilot license be required for these altitude, then the engine is turned off as aircraft under § 21.191(g) may be aircraft. Light-sport aircraft are intended the aircraft begins soaring flight. If the operated in accordance with operating to be flown by persons exercising propeller were not stowed or faired from limitations issued under § 91.319. privileges of a sport pilot. In addition, the cockpit to reduce drag, the aircraft’s Generally, they may be used for sport the FAA notes that private pilots may glide performance would be greatly and recreation operations, including fly aircraft with adjustable propellers; hindered. carrying a passenger, and receiving however those aircraft are not The FAA further notes that propellers personal flight training. Receiving considered light-sport aircraft. used on powered gliders are simple and personal flight training (obtaining credit A commenter asked if the FAA would only allow the pilot to feather or retract for flight instruction received in the require operators of existing weight- the propeller from the cockpit once the aircraft that one owns) was a concern for shift-control and powered parachute engine has been shut down. In addition, some commenters. aircraft to remove their in-flight potential failure of these systems does Many of the commenters were electronically adjustable propellers. If not add to pilot workload during the concerned that the consensus standards the operator wishes the aircraft to be more critical flight phases of takeoff or for light-sport aircraft would add considered a light-sport aircraft, the landing. Therefore, the FAA believes prohibitively expensive costs to aircraft may not be equipped with an in- that the use of an autofeathering gyroplanes, and would result in fewer flight adjustable propeller. Under the propeller system is appropriate for gyroplane flight instructors. The FAA provisions of § 21.191(i)(1), existing powered gliders. The proposed light- notes that there are four gyroplane aircraft would have to meet the sport aircraft definition is revised in the designs that have been type certificated. definition of a light-sport aircraft in final rule to permit autofeathering The FAA notes that many gyroplane order to receive an experimental propeller systems on powered gliders. designs are smaller and lighter weight

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than type certificated gyroplane designs. increased availability of training rather simplicity of the light-sport aircraft, and One commenter stated that even with than different standards for design and the training requirements for the sport less mass, ultralight gyroplanes are not performance of gyroplanes. Refer to the pilot. different from existing gyroplanes and discussion under ‘‘VI.5.A.viii. The FAA received many comments could be considered similar to Gyroplanes’’ for details on how this rule requesting that the light-sport aircraft gyroplanes that have a standard proposes to assure better training for definition allow for simple mechanical airworthiness certificate. If it is true that sport pilots seeking a gyroplane rating. retractable landing gear. Some existing ultralight gyroplanes are similar To summarize, the FAA stated in the commenters requested that specific to gyroplanes that have a standard NPRM that, for sport pilots flying light- existing aircraft that have simple airworthiness certificate, then the FAA sport aircraft, the continued use of mechanical retractable landing gear be will work with any manufacturer who exemptions would generally be eligible to be a light-sport aircraft. They desires to obtain a type certificate for a inappropriate to allow aircraft larger noted these aircraft would otherwise two-seat gyroplane that meets existing than the limits in part 103 to be used for satisfy the FAA’s proposed definition of airworthiness standards. Part 27 flight training. At this time, the FAA is light-sport aircraft. The reasons stated airworthiness standards define an not participating in developing by commenters for permitting light- internationally recognized level of consensus standards for gyroplanes, sport aircraft to have retractable landing safety for small rotary wing aircraft. A because the FAA believes that, unlike gear included—the safety benefit for gyroplane design may also receive a other kinds of light-sport aircraft, there emergency landings on water or rough primary category type certificate, which are significant complex design issues for fields; that speed limitations make the will be issued if the FAA finds that the gyroplanes that are unresolved by the performance restriction of a fixed gear aircraft complies with the applicable industry. The simplicity of operation of redundant; that training and airworthiness requirements approved gyroplanes supports making this aircraft endorsement for pilots under existing under § 21.17(f) and has no feature or available to sport pilots. The need for § 61.31(e) adequately prepares pilots to characteristic that makes it unsafe for its dual instruction in gyroplanes, and the operate aircraft with retractable landing intended use. scarcity of gyroplane instructors, is gear; that the slow speed of light-sport Many of the commenters who called reason for the FAA to issue training aircraft will naturally limit damage in for the special light-sport aircraft exemptions for the gyroplane event of an inadvertent gear-up landing; airworthiness certificate for gyroplanes community. Including gyroplanes in the that gear-up landings are not an referred to the simple design and light-sport aircraft definition will permit uncommon occurrence; and that operation of flight controls. The FAA the continued construction of two-seat mechanical retractable landing gear is acknowledges that this is a reason for gyroplanes that will support increased inherently simple compared to permitting sport pilots to fly gyroplanes, availability of gyroplane flight electrical, hydraulic, or pneumatically and for that reason the FAA included instructors. If the gyroplane community actuated systems. The FAA disagrees gyroplanes in the light-sport aircraft is successful in developing a design and that aircraft other than gliders should definition. However, the FAA does not performance consensus standard, and if have simple mechanical, or any other agree that this operational simplicity service experience, including accident type of, retractable landing gear for the would apply to design and performance data, demonstrates a marked difference reasons stated above. criteria for the light-sport aircraft between ultralight gyroplanes and those A commenter asked the FAA to define gyroplane design. Complicating design that are built to that voluntary its safety concern for not permitting factors for gyroplanes include the consensus standard, then the FAA may light-sport aircraft to have retractable location of thrust and lift lines with revise the rule to permit gyroplanes to landing gear. The FAA does not expect respect to the center of gravity; receive the special airworthiness retractable gear would improve the horizontal and vertical stabilizer size certificates in the light-sport category. safety of a light-sport aircraft. The FAA and location; and effects of turbulence. Otherwise, before the end of the 5-year believes that retractable landing gear Larger gyroplanes have greater inertia, period during which aircraft certificated add to pilot workload, particularly which makes the aircraft less sensitive under § 21.191(i)(1) may be used for during the critical takeoff and landing to the relative effects of these factors. flight training for compensation, the phases of flight. Further, the addition of The FAA believes that the dynamics of FAA may consider if it will continue to retractable landing gear would a rotary wing aircraft and the light keep exemptions in place to allow flight introduce the potential for gear failure. weight of existing two-seat ultralight instructors to train sport pilots in Therefore, the FAA believes that gyroplanes require a design standard for gyroplanes issued experimental allowing the use of retractable landing structural integrity and aircraft stability certificates. gear on light-sport aircraft other than that may add prohibitively expensive gliders would provide no safety benefit costs to gyroplanes. One commenter Paragraph (10) Nonpressurized Cabin for powered airplanes while adding to expressed doubt that the ultralight The FAA did not receive any the operational and mechanical gyroplane industry would agree upon a comments on the proposed requirement complexity of the aircraft. design standard. for a light-sport aircraft to include a Many of these commenters stated The FAA reviewed gyroplane nonpressurized cabin, if equipped with their position that retractable landing accident statistics in the NTSB’s a cabin, in paragraph (10). gear does not add to aircraft complexity electronic database. The data show 70 while helping to reduce drag and fatal accidents in the years 1983 through Paragraphs (11) Through (13) Landing increase aircraft performance. The FAA 1994 with mechanical failures Gear disagrees and notes that retractable gear accounting for 12 of those accidents. Numerous commenters requested that adds complexity as discussed above. Data show 20 fatal accidents in the years the FAA revise the proposed definition The FAA notes that retractable landing 1995 through 2001, and mechanical of a light-sport aircraft to permit gear are designed to enhance the failures accounting for two of those retractable landing gear. The FAA performance of aircraft by reducing accidents. This data tends to support reiterates its original position that for drag. This performance improvement is those commenters who state that aircraft other than gliders, retractable typically attained at operational speeds gyroplane safety is better served by landing gear is inconsistent with the that exceed the performance limitations

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for light-sport aircraft. Several for seaplanes. The FAA had not Changes commenters proposed alternative rule intended to only permit repositionable The words, ‘‘since its original language to permit simple mechanical landing gear for fixed wing airplanes certification has continued to meet the retractable landing gear, and to define intended for operation on water. Upon following’’ are added to the introductory repositionable landing gear. As stated further consideration, the FAA has text of § 1.1. The reasons for this are above, the FAA is not revising the light- changed the term ‘‘seaplanes’’ to discussed in the section titled sport aircraft definition to permit ‘‘aircraft designed for operation on ‘‘Modification of Type-Certificated retractable landing gear on aircraft other water.’’ This change in terminology is Aircraft to Meet the Light-Sport Aircraft than gliders. The FAA discusses consistent with FAA’s original intention Definition.’’ repositionable landing gear later in this to permit powered parachutes and The FAA is restructuring the section. weight-shift-control aircraft to be used maximum takeoff weight requirements Some commenters proposed to permit for operation on water. It also removes in paragraph (1) of the definition of simple mechanical retractable landing the restrictions on powered parachutes ‘‘light-sport aircraft.’’ In addition, the gear for specific makes and models of and weight-shift-control aircraft FAA is changing the maximum takeoff aircraft, which would otherwise satisfy designed for operation on water implied weight from ‘‘1,232 pounds (560 the proposed light-sport aircraft by the use of the term ‘‘seaplanes.’’ As kilograms)’’ to ‘‘not more than 1,320 definition. Other proposed exceptions noted previously in the discussion of pounds (600 kilograms)’’ and is adding included replica , and light-sport aircraft weight limits, the ‘‘1,430 pounds (650 kilograms) for an existing classic aircraft. The FAA does FAA has also intended to permit the aircraft designed for operation on not agree for the reasons stated light-sport aircraft definition to include water.’’ elsewhere in this section. flying boat aircraft. For this reason, the For the VH requirements in paragraph A commenter submitted a description FAA has added the term ‘‘hull’’ to (2), ‘‘115 knots CAS under standard of an existing aircraft mechanical paragraph (12) of the light-sport aircraft atmospheric conditions’’ is changed in retractable landing gear, with a definition. the final rule to read ‘‘120 knots CAS pneumatic gear position indicating Several commenters saw no difference under standard atmospheric conditions system. The FAA believes that the between simple retractable landing gear, at sea level.’’ system’s complex description justifies and the repositionable landing gear that In paragraph (3) (regarding VNE for a the FAA’s position that it is the FAA’s proposal would permit for glider), ‘‘115 knots CAS’’ is changed to inappropriate for the light-sport aircraft. seaplanes. The FAA disagrees. The FAA ‘‘120 knots CAS.’’ Several commenters stated that it is did not intend to permit retractable Proposed paragraph (4) (regarding discriminatory to permit retractable landing gear for aircraft designed for VS0) is not adopted in the final rule. landing gear for some kinds of light- operation on water. The FAA believes Proposed paragraph (5) (regarding sport aircraft but not for others. The that the repositionable landing gear that VS1) is adopted as paragraph (4) in the FAA explains below why it is allowing will be permitted for light-sport aircraft final rule, with the following change. retractable landing gear for gliders. that are designed for operation on water The words ‘‘44 knots CAS’’ are changed Several commenters stated that, by is consistent with the FAA’s original to read, ‘‘45 knots CAS at the aircraft’s including a reference to landing gear, position that sport pilots flying aircraft maximum certificated takeoff weight the FAA does not include provisions for other than gliders should not have to and most critical center of gravity.’’ foot-launched aircraft, such as hang concern themselves with verifying the Proposed paragraph (6), prescribing a gliders and powered paragliders in the position of a light-sport aircraft’s maximum seating capacity of two seats, light-sport aircraft definition. The FAA landing gear. is renumbered as paragraph (5) in the does not consider these to be light-sport Although no comments were received final rule and adopted with the addition aircraft. As stated in the proposed rule, on the topic, FAA did not intend for the of a non-substantive change to include the FAA specifically intended to definition of light-sport aircraft to the words ‘‘no more than.’’ exclude from consideration as light- preclude the installation of skis. FAA Proposed paragraph (7), prescribing a sport aircraft configurations in which believes that fixed skis are acceptable single, non-turbine engine for powered the engine and/or wing is mounted on for light-sport aircraft, and retractable light-sport aircraft, is renumbered as the person operating the aircraft, rather skis are not acceptable for light-sport paragraph (6) in the final rule and than a . aircraft. modified by replacing the word A commenter requested a definition Some commenters pointed out a need ‘‘nonturbine’’ with ‘‘reciprocating.’’ of repositionable landing gear that for provisions for a simple retractable The fixed or ground-adjustable distinguishes it from retractable landing wheel for gliders that are light-sport propeller requirements for light-sport gear. The FAA notes that for the aircraft. The FAA agrees that retractable aircraft in proposed paragraph (8) are purposes of light-sport aircraft, landing gear is acceptable for use on divided into paragraphs (7) and (8) in repositionable landing gear is wheeled light-sport gliders. Most of the gliders the final rule to distinguish between landing gear that allows an aircraft that otherwise meet the definition of a powered gliders and other powered designed for operation on water to take light-sport aircraft do make use of aircraft. In the final rule, paragraph (7) off and land from a hard surface and retractable landing gear. Reduction of requires a fixed or ground-adjustable which may be retracted on the ground drag is of critical importance for gliders, propeller for powered aircraft other than to permit takeoff and landing on water. because they do not use power to a powered glider. Paragraph (8) requires Repositionable landing gear remains generate airspeed and maintain lift. a fixed or autofeathering propeller fixed in its position from takeoff Because of these considerations, the system for a powered glider. through landing. For aircraft intended FAA is revising the definition of a light- Paragraph (9), regarding the gyroplane for operation on water, repositionable sport aircraft to permit a retractable rotor system, is adopted without change. landing gear is acceptable for light-sport landing gear (wheel or skid) for gliders. Paragraph (10), concerning a aircraft because it does not add to The consensus standards for light-sport nonpressurized cabin, is adopted mechanical or operational complexity. aircraft gliders should assure that the without change. In the proposed rule, the FAA had retractable landing gear will be a simple Proposed paragraph (11) contained permitted repositionable landing gear mechanically operated system. requirements for fixed landing gear for

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light-sport aircraft, with an exception inflat[ing] into a lifting surface when contains the aircraft engine, a seat for permitting repositionable landing gear exposed to a wind.’’ The definition is each occupant and is attached to wheels for seaplanes. In the final rule, this is revised to state ‘‘* * * the wing is not or floats.’’ modified and divided into paragraphs in a position for flight until the aircraft Definition of ‘‘Weight-Shift-Control (11) and (12) in the final rule for clarity. is in motion* * *’’ to more correctly Aircraft’’ In the final rule, paragraph (11) requires correspond to powered parachute fixed landing gear, except for an aircraft operational practice. The language in Several commenters proposed intended for operation on water or a the proposed definition stated that the alternative definitions for the weight- glider. Paragraph (12) requires fixed or engine is an integral part of the aircraft. shift-control aircraft that would permit repositionable landing gear, floats, or a The definition is revised to specify that rigid with and hull for an aircraft intended for the engine is a part of the fuselage, as control. One commenter noted that the operation on water. was intended by the FAA. Also, the consensus standard for weight-shift- Paragraph (13) is added to permit revised definition specifies that the control aircraft that is being developed fixed or retractable landing gear for seats are a part of the fuselage. That is makes provisions for rigid-wing aircraft. gliders. consistent with current designs and was The commenter believes that this is a good feature. The FAA’s definition Definition of ‘‘Powered Parachute’’ intended by the FAA. The language in the proposal did not address this identified ‘‘* * * a framed, pivoting Several commenters requested that consideration. wing * * *.’’ A rigid wing is beyond the powered parachute definition be A commenter proposed that the what the FAA intended for these broadened to permit paragliders and definition identify different classes of aircraft. The FAA intended for the paramotors, or other forms of foot- powered parachutes, including utility or weight-shift-control aircraft launched aircraft. Some commenters commercial. The FAA notes that classification to address only flex-wing were opposed to identifying these powered parachutes will not be issued aircraft. The definition is being revised aircraft as powered parachutes. The type certificates. Aircraft used for to clarify this by specifically indicating FAA does not intend light-sport aircraft commercial purposes typically have a that the aircraft is ‘‘controllable only in to include foot-launched aircraft type certificate based on compliance pitch and roll.’’ because the variety of these aircraft with the airworthiness standards and A commenter questioned the FAA’s combined with the lack of an aircraft certification procedural requirements objective in making a classification for fuselage and an aircraft geometry based contained in 14 CFR. The FAA intends weight-shift-control aircraft. The FAA on the individual characteristics of the that experimental and special light-sport believes that weight-shift-control operator would not be consistent with aircraft be limited to activities generally aircraft should be distinguished not the FAA’s desire for training aircraft considered to be sport and recreation. only by their use of flexible wings and built to specific design and performance The operating limitations for weight shift for flight control, but also standards. experimental and special light-sport by the aircraft response to a pilot input. Commenters proposed that the rule aircraft will generally prohibit these Pilot input is applied to a control bar make provisions for land- and sea- aircraft from being used for commercial that is a rigid wing member. The rigid classes for powered parachutes. The purposes. wing member is limited to translation in proposed rules for aircraft certification The FAA received comments that the a lateral plane that is either push do not preclude this, assuming that definition for powered parachute forward (aircraft nose up)/pull aft appropriate aircraft design consensus aircraft should not be limited to aircraft (aircraft nose down), or push left standards for both land and sea class with a fuselage. The FAA does not agree (aircraft turn right)/push right (aircraft powered parachutes are developed. for reasons stated in the proposed rule turn left). The former motions control Similarly, the FAA did not intend to and notes that to remove this restriction aircraft pitch; the latter motions control preclude the installation of skis on would permit foot-launched vehicles, aircraft roll. These motions cause powered parachutes. As stated such as powered paragliders, to be aircraft response in the opposite sense previously, the FAA believes that fixed considered light-sport aircraft. The FAA for a conventional three-axis-control skis are acceptable for light-sport retains the requirement for a fuselage in aircraft. The training for sport pilots to aircraft. The FAA will participate in the the definition. operate a weight-shift-control aircraft is development of the consensus standards based on these assumptions. for powered parachute design and Changes A commenter stated that the performance, and will determine when The proposed rule stated: ‘‘A powered definition of a weight-shift-control these standards are completed and parachute means a powered aircraft that aircraft should more correctly address acceptable for use. derives its lift from a non-rigid wing control by changing the direction of Some commenters proposed specific that inflates into a lifting surface when wing lift, rather than changing the language for the definition of a powered exposed to a wind.’’ This is changed to aircraft center of gravity location. The parachute. The FAA agrees that the state: ‘‘A powered parachute means a commenter also noted that if aircraft definition should make clear that the powered aircraft comprised of a flexible center of gravity location is calculated wing of a powered parachute does not or semi-rigid wing connected to a with respect to a fuselage station, then deploy unless the aircraft is in motion, fuselage so that the wing is not in the pilot control inputs do not change and is revising the definition to position for flight until the aircraft is in the airplane center of gravity location. accommodate this. Also, the definition motion.’’ The FAA agrees with the commenter, is being revised to characterize the The proposed definition also stated: and the weight-shift-control aircraft powered parachute wing as ‘‘flexible’’ or ‘‘A powered parachute is propelled by definition is revised to indicate that for ‘‘semi-rigid’’ instead of the term ‘‘non- an engine that is an integral part of the flight control the center of gravity rigid’’ that was used in the proposed aircraft and is controlled by a pilot location is considered in relation to the rule. This change more closely within a fuselage that is suspended wing. represents current designs for powered beneath the non-rigid wing.’’ The The FAA did receive some comments parachutes. In the proposed rule, the definition is changed to state: ‘‘The that the definition for weight-shift- definition described the wing as ‘‘*** fuselage of a powered parachute control aircraft should not be limited to

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aircraft with a fuselage. The FAA does agrees in part, but, as proposed in the Section 21.181 Duration [of not agree for reasons stated in the NPRM and adopted in this final rule, Airworthiness Certificates] proposed rule and notes that to remove determines that light-sport aircraft will Several commenters agreed with the this restriction would permit foot- be added as a category under special FAA’s position that the aircraft owner is launched vehicles, such as powered or airworthiness certificate. Aircraft may unpowered hang gliders, to be ultimately responsible for the receive a special airworthiness airworthiness of the light-sport aircraft. considered light-sport aircraft. The FAA certificate in two separate ways. First, has retained the requirement for a These commenters also assumed that an aircraft may receive a special the FAA could take certificate action fuselage. airworthiness certificate in the light- The FAA is working with the weight- against the holder of the airworthiness sport category if that aircraft meets a certificate if necessary. The FAA shift-control aircraft technical consensus standard. Second, if a light- committee of ASTM. The FAA has discussed certificate action in the sport aircraft does not meet a consensus discussed with this group that the NPRM, but realizes that the proposed standard, the owner may obtain an definition of weight-shift-control aircraft rule would not have provided a experimental certificate for it. should be limited to two-axis-control sufficient regulatory means to invalidate aircraft, in which the wing pitch One commenter recommended the airworthiness certificates issued to attitude may vary, and the wing position retaining experimental as a purpose, these aircraft. The FAA is therefore may be moved about the longitudinal and not as a classification, on the adopting language to include several axis of the aircraft. The definition of special airworthiness certificate. The limitations to the duration of the weight-shift-control aircraft precludes FAA disagrees. Taking this action airworthiness certificate. yaw control by vertical surfaces, or would not allow the FAA to distinguish The proposed rule would have hinged control surfaces such as a rudder the various purposes for which revised paragraph (a)(1) to include or ailerons to distinguish these aircraft experimental certificates are issued. requirements for special airworthiness from airplanes. Also, this action was not proposed and certificates in the light-sport category. is outside the scope of this rulemaking. The FAA has decided not to amend Changes (a)(1) but to move the proposed The proposed definition of weight- A few other commenters requirements for maintaining a valid shift control aircraft stated: ‘‘Weight- recommended that light-sport aircraft be special airworthiness certificate in the shift-control aircraft means a powered required to have type certificates. One light-sport aircraft category to new aircraft with a framed pivoting wing and purpose of this rule is to provide for paragraph (a)(3) (and redesignate a fuselage that is controllable in pitch increased safety without substantially proposed (a)(3) as (a)(4)). The new and roll only by the pilot’s ability to increasing the burden on the industry. paragraph clarifies that those change the aircraft’s center of gravity.’’ Imposing type design requirements requirements must be continuously met This is changed to state: ‘‘Weight-shift- would add substantially to the cost of to maintain the validity of the control aircraft means a powered aircraft producing aircraft. A type certificate airworthiness certificate. The paragraph with a framed pivoting wing and a will not be necessary for light-sport indicates that the aircraft must meet the fuselage controllable only in pitch and aircraft that are certificated as special definition of a light-sport aircraft; roll by the pilot’s ability to change the light-sport aircraft or experimental light- conform to its original configuration, aircraft’s center of gravity with respect sport aircraft. They are issued except for authorized alterations; have to the wing.’’ airworthiness certificates with operating no unsafe condition or be likely to The FAA is also adding to the limitations that provide an appropriate develop an unsafe condition; and be definition the following sentence: level of safety for these aircraft. registered in the United States. If a ‘‘Flight control of the aircraft depends However, if the manufacturer of a light- special light-sport aircraft fails to meet on the wing’s ability to flexibly deform sport aircraft chooses to apply to the the limitations listed under rather than the use of control surfaces.’’ FAA and demonstrates the appropriate § 21.181(a)(3), the special airworthiness V.2. Part 21—Certification Procedures level of compliance with the existing certificate issued under § 21.190(a) is no for Products and Parts regulations, it may obtain a type longer valid. However, the aircraft may certificate for its light-sport aircraft. still be eligible for an experimental Section 21.175 Airworthiness certificate issued under § 21.191(i)(3) Certificates: Classification Finally, upon further review, the FAA with a duration established by is correcting the wording of paragraph § 21.181(a)(4). A few commenters recommended that (b) to remove the word ‘‘categories’’ and light-sport aircraft be issued standard the words ‘‘experimental airworthiness Changes airworthiness certificates. The FAA certificate’’ are corrected to read Paragraph (a)(1) is retained without agrees that a light-sport aircraft may be ‘‘experimental certificate.’’ This is issued a standard airworthiness change in the final rule. Proposed necessary because all of the items in the paragraph (a)(3), which discusses certificate if it meets the requirements of list are not categories of special the airworthiness standards under experimental certificates, is airworthiness certificates, and the § 21.175(a). But an aircraft issued a redesignated as (a)(4), and a new experimental certificate does not standard airworthiness certificate paragraph (a)(3) addressing special indicate the airworthiness standards requires a type certificate for its design, airworthiness certificates is added. New and usually a production certificate to that the aircraft meets. paragraph (a)(3) adds requirements that be manufactured. Any light-sport Changes the aircraft must meet to maintain aircraft not manufactured under a type eligibility for a special airworthiness certificate cannot be issued a standard In paragraph (b), the word certificate. airworthiness certificate. ‘‘categories’’ is removed, and the words Section 21.182 Aircraft Identification One commenter recommended that ‘‘experimental airworthiness certificate’’ light-sport be added as a category of are corrected to read ‘‘experimental The FAA received no comments on airworthiness certificate. The FAA certificate.’’ this section.

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Changes to resubmit the information required by operating instructions. To ensure that The proposal is adopted without paragraph (b) and the airworthiness all owners of these aircraft possess change. certificate being needlessly re-issued appropriate flight training information with a change in ownership. This would to safely operate the aircraft, the FAA is Proposed § 21.186 (Adopted as be an unnecessary administrative requiring an applicant for a special § 21.190—See Discussion Below) burden to the owners, to the FAA, and airworthiness certificate in the light- Proposed § 21.186 is renumbered as to the manufacturers. As specified in sport category to submit the aircraft’s § 21.190 in the final rule. This is being § 21.179, airworthiness certificates for flight training supplement when done because § 21.45, which addresses all aircraft are transferred with the application for that certificate is made. privileges of the holder or licensee of a aircraft. Accordingly, the term Proposed paragraph (b)(2) would have type certificate for a product, refers to ‘‘registered owner’’ in proposed prevented an aircraft having either a §§ 21.173 through 21.189. Since light- paragraph (b)(1) is changed to standard or a primary category sport aircraft are not issued type ‘‘applicant’’ in the final rule. airworthiness certificate from obtaining certificates, the FAA is moving this Proposed (b)(1)(i) would have a special light-sport aircraft section on light-sport aircraft out of that required the submission of the airworthiness certificate. This group of sections to § 21.190. applicable pilot operating handbook. prohibition is broadened in the final Upon further review, the FAA is rule to include not only aircraft issued Section 21.190 Issue of a Special changing the name of the document to standard or primary airworthiness Airworthiness Certificate for a Light- ‘‘aircraft operating instructions.’’ The certificates, but also those issued Sport Category Aircraft (Proposed as name change will distinguish it from a restricted, limited, or provisional § 21.186) pilot operating handbook, which is airworthiness certificates or equivalent Paragraph (a) Purpose: The FAA normally developed for small aircraft foreign airworthiness certificates. In received comments that suggested using certificated under part 23. The content broadening the rule’s provisions, the certification standards already of the aircraft operating instructions will FAA is using the same rationale that it acceptable in Europe and other be governed by applicable consensus used in the proposed rule. In the countries. The FAA opted for design standard. preamble of the proposed rule, the FAA and performance standards developed A few commenters recommended that stated that allowing aircraft with through the consensus standard process. the FAA revise paragraph (b)(1) to allow standard or primary airworthiness Those working on the consensus light-sport aircraft manufacturers to certificates to obtain a special light-sport standards are aware of the other apply for blocks of registration numbers. certificate would be an unnecessary certification standards and may adopt This is unnecessary since it can be done burden on the manufacturers, the all or a portion of them as deemed under 14 CFR part 47, Aircraft operators, and the FAA. The FAA also appropriate. See also discussions in Registration. stated that there would be little interest § 1.1 above. Proposed paragraphs (b)(1)(iv) and in ‘‘downgrading,’’ as a special light- The FAA received several comments (b)(1)(v) were intended to prevent past sport aircraft airworthiness certificate stating that gyroplanes also should be and future modifications that deviate would have more restrictive operating allowed to obtain special airworthiness from the consensus standards. The final limitations. (See discussion of proposed certificates in the light-sport category rule deletes the proposed requirement § 21.186(b)(2).) The FAA is making under the terms of the proposed rule that the registered owner produce these changes for the same reasons. and not be limited to experimental statements regarding the past and future These provisions are not intended to certificates. The commenters modification. Instead, the final rule preclude a special light-sport aircraft recommended that gyroplanes have the addresses this issue with a limitation on airworthiness certificate from being same options as the other types of the duration of the certificate’s issued to an aircraft that has been special light-sport aircraft to obtain a effectivity under § 21.181(a)(3), previously issued an experimental special light-sport aircraft airworthiness discussed above. Also, the FAA is certificate. certificate. See the discussion of addressing alterations to these aircraft in A few commenters also recommended gyroplanes under the definition of the operating limitations contained in that the FAA revise paragraph (b)(3) to ‘‘light-sport aircraft’’ in § 1.1 above. § 91.327. The intent of the limitation is allow use of designated airworthiness In addition, upon further review by to preclude unauthorized alterations, representatives (DARs) at factories for the FAA, the words ‘‘for sport and repairs, and replacement parts. For the purpose of performing FAA recreation,’’ ‘‘flight training,’’ and additional discussion, see § 91.327(b)(5), inspections. DARs are FAA designees ‘‘rental’’ are deleted from this paragraph and (b)(6) of the operating limitations and, as authorized, they may perform because these intended operations are concerning alterations and repairs for FAA inspections. They may be more appropriate for inclusion under these aircraft. employed by manufacturers. No the operating rules of § 91.327. As Proposed paragraph (b) is also revised revision is necessary to allow DARs the discussed under that section, special to require an applicant to submit the authority to perform the inspections light-sport aircraft may be used for these aircraft’s flight training supplement. The under (b)(3). See also the discussion on types of operations or purposes. FAA proposed that the manufacturer of DARs under § 21.191(i)(1). Paragraph (b) Eligibility: Proposed an aircraft intended for certification A commenter stated that requiring an paragraph (b)(1) would have required with a special airworthiness certificate individual FAA inspection before issue that the registered owner of the aircraft in the light-sport category issue a of a special airworthiness certificate is provide the documentation listed in statement of compliance that identified unnecessary. The FAA disagrees. The paragraph (b). Upon further review, the the applicable pilot flight training FAA, through an aviation safety FAA realized that it was inappropriate manual and state that it would be made inspector or a designee, inspects all to require the registered owner, rather available to any interested person. The aircraft before issuing an airworthiness than the applicant for the airworthiness FAA is changing the term ‘‘flight certificate. An inspection is necessary to certificate, to submit this information. training manual’’ to ‘‘flight training establish a minimum level of safety for In many cases, the proposal may have supplement,’’ as this document is special light-sport aircraft. The resulted in the registered owner needing intended to supplement the aircraft’s inspection is a way of determining that

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the aircraft complies with the applicable stop all rulemaking activity until it does addition, in final rule paragraph (c)(4), consensus standard. As discussed a survey of manufacturers to determine the term ‘‘flight training manual’’ is above, an inspection may be performed how many would retroactively issue changed to ‘‘flight training by an appropriately authorized FAA statements of compliance for a special supplement.’’ This is being done to designee. airworthiness certificate. The FAA more clearly indicate that this document Another commenter wanted to know disagrees. The rule permits a supplements the aircraft operating if minimum equipment required under manufacturer to issue a statement of instructions. § 91.205 will apply to these aircraft. compliance for any aircraft Several commenters suggested that Section 91.205 only applies to powered manufactured prior to the effective date the manufacturer’s system for civil aircraft with standard category U.S. of the rule. Therefore, each monitoring and correcting unsafe airworthiness certificates. Instead, the manufacturer would make a business conditions comply with the consensus appropriate minimum equipment decision whether to issue a retroactive standard. The FAA agrees. The FAA requirements for specific categories and statement of compliance. intended that the continued classes of light-sport aircraft will be Several commenters recommended airworthiness system meet the established by the applicable consensus delaying the effective date of the rule consensus standard, as evidenced by standard. In addition, the operating until the consensus standards are including this requirement in § 1.1 rules in part 91 may establish specific issued. Several other commenters said under the definition of ‘‘consensus requirements for particular operations. the proposal should be re-opened for standard’’ in the proposed rule. See part 91 general issues discussion on comment when the consensus standards Proposed § 21.186(c)(6) would only minimum equipment. are developed. The FAA disagrees and have required that the manufacturer Another commenter recommended notes that there are adequate identify its system for monitoring and that the rule address alterations. The opportunities for the public to correcting safety-of-flight issues in the FAA agrees and is revising the participate in the development of the statement of compliance. The final rule, definition of ‘‘consensus standard’’ in consensus standards. Also, alternative under § 21.190(c)(5), requires that the § 1.1 to permit authorized alterations. consensus standards may be developed manufacturer’s continued airworthiness The FAA is also adding § 91.327(b)(5) and presented to the FAA for system comply with an identified and (b)(6) to better address repairs and consideration. Any consensus standards consensus standard. Additionally, the alterations. See the discussions of those accepted by the FAA will constitute one final rule clarifies that the process the sections. means, but not the only means, of manufacturer will use to monitor and A commenter questioned if complying with the rule. This is correct safety-of-flight issues will § 21.190(b) requires that the FAA discussed under the definition of include the issuance of safety directives. perform an inspection every time a ‘‘consensus standard’’ in § 1.1. Some commenters recommended that different wing is used or installed on a In the NPRM, under paragraph (c)(4) there be independent third-party audits powered parachute or weight-shift- (now (c)(3)), the FAA referred to a of manufacturer compliance with control aircraft. Owners of these types of ‘‘quality system.’’ This was intended to consensus standards, including those aircraft regularly change the wings to be consistent with other references to a dealing with monitoring of continued change the performance and ‘‘quality assurance system’’ in the operational safety. The FAA believes maneuverability of the aircraft. This NPRM. In the final rule, paragraph (c)(3) that the manufacturer’s statement of allows the aircraft to have different has been revised accordingly. compliance is appropriate for capabilities depending on what the Several commenters recommended determining whether a light-sport owner wants to do on the particular that the pilot operating handbook and aircraft meets the consensus standards. flight. The FAA does not consider an maintenance and aircraft operating Past experience with construction of inspection necessary each time a wing instructions comply with the consensus non-type-certificated aircraft that meet is installed or removed, if the different standard. The FAA agrees, and the final the definition of light-sport aircraft has wings have been inspected and rule, under § 21.190(c)(4), includes the not indicated a need for significant FAA authorized for installation on the light- requirement that both the aircraft oversight. The FAA accepts that a sport aircraft. If the manufacturer has operating instructions and maintenance manufacturer can participate in a authorized the installation of the and inspection procedures comply with system that includes voluntary third- different wings and the initial the consensus standard. As discussed party audits, but there is no requirement inspections have been done, the under § 1.1 above, the FAA is changing in this rule for these audits. The FAA changing of wings does not need to be the term ‘‘pilot operating handbook’’ to generally will not perform compliance inspected again for installation, except ‘‘aircraft operating instructions.’’ evaluations of these manufacturers. as part of the regular aircraft A few commenters recommended that Note that manufacturers will, however, maintenance. As discussed under part the pilot flight training manual be have to comply with any audit 45, the aircraft registration number must deleted from the list of items that need requirements defined in the consensus be placed on the fuselage, but is not to be submitted in proposed paragraph standards. required on the wing. Therefore, if the (c)(5) (now (c)(4)). The FAA disagrees. A commenter wanted the FAA to registration number is placed on the These commenters stated that this establish criteria for a third party to use wing, it must have the same registration information is normally provided by the to conduct compliance audits within number as the one placed on the FAA or another third party. The FAA industry standards. As stated above, the fuselage. The FAA notes that the agrees that a person other the FAA is not requiring third-party audits inspection requirement under manufacturer may develop this manual. of manufacturers. However, the § 21.190(b)(3) pertains to the issuance of However, the manufacturer must consensus standards may establish an airworthiness certificate only and not provide this manual if the aircraft model criteria for audits to be performed. to inspection after maintenance or is to be eligible for the special Another commenter states that FAA repair activities. airworthiness certificate in the light- oversight of the consensus standards is Paragraph (c) Manufacturer’s sport category because it provides not clear once the FAA has accepted statement of compliance: Two specific training information necessary them. The FAA agrees that more commenters recommended that the FAA for a make and model endorsement. In clarification is needed and has added

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more detail on FAA participation in aircraft has been physically imported certification in the country of consensus standards in § 1.1, as into the United States, the FAA is manufacture. Special light-sport aircraft discussed above. revising the term ‘‘imported light-sport imported into the United States may In proposed paragraph (c)(8), the FAA aircraft’’ to ‘‘light-sport aircraft meet other national certifications for proposed that the manufacturer test its manufactured outside the United which there may not be an equivalent in aircraft in accordance with a production States.’’ This change clarifies that an the United States. acceptance test procedure established in applicant for an airworthiness certificate The FAA is deleting proposed the consensus standard. The FAA is for an aircraft manufactured outside the paragraph (d)(3) that required that the modifying the final rule (now (c)(7)) to United States must provide the evidence civil aviation authority of the country of specify that these production and specified in paragraph (d) whenever an export to determine that the aircraft is acceptance test procedures include both application for an airworthiness in a condition for safe operation. This ground and flight tests. Production certificate under § 21.190 is made. In requirement is deleted because an acceptance tests are also discussed in addition, references to ‘‘import’’ and inspection by a foreign CAA is the definition of ‘‘consensus standard’’ ‘‘export’’ are removed, since the use of redundant. Special light-sport aircraft in § 1.1. these terms is redundant when referring will be inspected as part of the process Paragraph (d) Imported light-sport to bilateral agreements. for issuing an airworthiness certificate aircraft: A few commenters Proposed paragraph (d)(1) would have under paragraph (b)(3). recommended that manufacturers in required evidence that the imported other countries meet the same light-sport aircraft was manufactured in Changes consensus standards that the United a country with which the United States Paragraph (a): The FAA is changing States-manufactured aircraft must meet. had an agreement for import or export the paragraph caption of paragraph (a) Other commenters recommended that of that particular product. The FAA has to read ‘‘Purpose.’’ Elsewhere in the imported aircraft be issued a special determined that the proposed rule paragraph, the words ‘‘for sport and airworthiness certificate without language would unduly limit the recreation,’’ ‘‘flight training,’’ and meeting the consensus standards, if the number of exporting countries. To ease ‘‘rental’’ are deleted. country of origin considered the aircraft this restriction, the FAA has determined Paragraph (b): In paragraph (b)(1), the airworthy. The proposed rule would that the existence of a Bilateral term ‘‘a registered owner’’ is changed to have required all aircraft, regardless of Airworthiness Agreement (BAA) ‘‘an applicant,’’ and the word ‘‘submit’’ the country of manufacture, to meet a concerning airplanes or a Bilateral is changed to ‘‘provide.’’ consensus standard. This provision is Aviation Safety Agreement (BASA) with In paragraph (b)(1)(i) ‘‘applicable pilot retained in the final rule. This ensures associated Implementation Procedures operating handbook’’ is changed to ‘‘the a uniform level of safety for these for Airworthiness (IPA) concerning aircraft’s operating instructions.’’ aircraft, regardless of the country of airplanes, or equivalent airworthiness In paragraph (b)(1)(ii), ‘‘applicable manufacture. The FAA may accept a agreement, provides a suitable basis for maintenance and inspection consensus standard developed in issuing an airworthiness certificate for procedures’’ is changed to ‘‘the aircraft’s another country. aircraft manufactured outside the maintenance and inspection One commenter questioned whether United States. Any BAA, BASA with an procedures.’’ foreign-manufactured ultralights would IPA, or equivalent airworthiness The provisions of proposed be eligible for a special light-sport agreement concerning airplanes paragraphs (b)(1)(iv) and (v) are not aircraft airworthiness certificate, or between the country of export and the adopted. The intent of these provisions whether they would have to be United States is sufficient, even if the is now addressed in § 91.327. imported as experimental aircraft. As agreement does not address light-sport In the final rule, new paragraph stated in paragraph (d), foreign- aircraft. These agreements establish a (b)(1)(iv) states that an applicant must manufactured aircraft are eligible for a working history and relationship provide the FAA with ‘‘the aircraft’s special light-sport aircraft airworthiness between the countries, even though flight training supplement.’’ certificate. These aircraft must meet the light-sport aircraft may not be In paragraph (b)(2), ‘‘in the standard same eligibility requirements as U.S.- specifically addressed in the agreement. or primary category’’ is revised to manufactured aircraft and an applicant These bilateral agreements provide a include aircraft with restricted, limited, seeking a special airworthiness means by which the FAA could, if or provisional airworthiness certificates. certificate for a light-sport category necessary, seek assistance from the local Paragraph (c): The paragraph was aircraft must also submit a Civil Aviation Authority (CAA) on any reworded and reorganized for improved manufacturer’s statement of compliance. light sport aircraft problems dealing clarity as follows: The FAA notes that these aircraft must with production, continued Proposed paragraphs (c)(1) and (c)(2) not have been issued a foreign airworthiness, or other matters needing are combined so that (c)(1) now airworthiness certificate equivalent to a investigation or analysis. includes ‘‘the consensus standard U.S. standard, primary, restricted, Proposed paragraph (d)(2) would have used.’’ limited, or provisional airworthiness required evidence that the make and Proposed paragraph (c)(3) is certificate. A foreign-manufactured model of the aircraft manufactured redesignated as (c)(2) and revised with ultralight would, therefore, not outside of the United States is eligible no substantive change. necessarily have to be imported as an for an airworthiness certificate or flight Proposed paragraph (c)(4) is experimental aircraft. authority in the country of manufacture. redesignated as (c)(3) and revised. The The FAA notes that in the regulatory The final rule removes the words ‘‘make term ‘‘quality system’’ is changed to text of paragraph (d), references to and model.’’ As the provisions of the ‘‘quality assurance system.’’ ‘‘imported light-sport aircraft’’ are rule address specific aircraft, the use of Proposed paragraph (c)(5) is changed to ‘‘light-sport aircraft the term ‘‘make and model’’ is redesignated as (c)(4) and reorganized. manufactured outside the United redundant. The FAA is also adding the In addition, the term ‘‘applicable pilot States’’ Since a light-sport aircraft could words ‘‘or other similar certification’’ to operating handbook’’ is changed to be issued an airworthiness certificate in recognize additional methods of ‘‘aircraft operating instructions,’’ and the light-sport category long after the providing evidence of airworthiness ‘‘pilot flight training manual’’ is

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changed to ‘‘aircraft flight training operated under part 103, but can be been registered. The FAA intends to rely supplement.’’ used for flight training for compensation primarily on DARs to meet the initial Proposed paragraph (c)(6) is or hire under exemptions to part 103. need for issuing airworthiness redesignated as (c)(5) and is revised. Because these provisions affect the certificates on light-sport aircraft. The Paragraph (c)(5) now states that the operation, rather than the certification, FAA is working with industry to manufacturer will monitor and correct of the aircraft, the rule language develop procedures to ensure that safety-of-flight issues, rather than containing these provisions has been adequate numbers of DARs will be identify a document to that effect. The moved to § 91.319, and all comments available. The FAA will issue advisory paragraph also includes the requirement addressing this issue are discussed material on how to apply to be a DAR that the continued airworthiness system under that section. to certificate light-sport aircraft and how comply with the consensus standard As discussed in the following to get light-sport aircraft registered and and that the process to monitor and paragraphs, there were numerous certificated. correct safety-of-flight issues will comments on the certification of The FAA recognizes that a number of include the issuance of safety directives. existing two-seat ultralight vehicles. A administrative and resource challenges Proposed paragraph (c)(7) is few commenters also expressed concern will prevent the entire existing fleet of redesignated as (c)(6). over the certification of older unregistered ultralight-like aircraft from Proposed paragraph (c)(8) is unregistered ultralight-like aircraft. One being certificated on September 1, 2004. redesignated as (c)(7) and is reorganized commenter suggested that these The FAA expects registration and and revised. The paragraph now unregistered ultralight-like aircraft be certification to proceed as expeditiously includes the requirement that the ‘‘grandfathered’’ into the rule. Paragraph as circumstances permit once this final manufacturer will ground and flight test (i)(1) effectively allows grandfathering if rule becomes effective. the aircraft. the aircraft meets the requirements for The FAA proposed that if a person Paragraph (d): The paragraph heading the issuance of an experimental sought to have an aircraft certificated is changed from ‘‘Imported light-sport certificate, and is safe for operation as under § 21.191(i)(1) that did not meet aircraft’’ to ‘‘Light-sport aircraft a light-sport aircraft. There is no the definition of ‘‘ultralight vehicle’’ manufactured outside the United requirement that these aircraft meet a specified in part 103, that person would States.’’ consensus standard. Another have to apply to register the aircraft The words ‘‘imported,’’ ‘‘import,’’ and commenter stated that requiring that with the FAA not later than 24 months ‘‘export’’ are removed in the final rule, certain documents, such as operating after the effective date of the rule. Under and the words ‘‘manufactured outside instructions and inspection procedures the proposal, a person would then be the United States’’ are used. manuals, for certification of older required to have the aircraft inspected In the introductory text, the words unregistered ultralight-like aircraft by the FAA (or a designated ‘‘registered owner’’ are changed to would be a problem. Owners may no representative of the Administrator) and ‘‘applicant.’’ longer possess or be able to obtain these have an experimental light-sport Paragraph (d)(1) includes more documents. Paragraph (i)(1) has no certificate issued for the aircraft not specific language regarding the types of requirements that the applicant have later than 36 months after the effective international agreements that are any manufacturer documents in order to date of the final rule. required for aircraft manufactured be issued an airworthiness certificate. Under the final rule, the FAA is outside of the United States to be Several commenters stated that they revising § 21.191(i)(1) to remove certificated as special light-sport wanted to receive an experimental language that many believed would aircraft. certificate for their existing unregistered have allowed a person to operate an In paragraph (d)(2), the words ‘‘make ultralight-like aircraft without having to aircraft, which exceeds the parameters and model’’ are removed; the words meet the ‘‘51%–build’’ requirement for of an ultralight vehicle yet meets the ‘‘flight authority’’ are changed to ‘‘flight amateur-built aircraft. The ‘‘51%–build’’ definition of light-sport aircraft, without authorization;’’ and the words ‘‘other requirement applies only to amateur- registering that aircraft for a period of 24 similar certification’’ are added. built aircraft certificated under months. The FAA is also revising Proposed paragraph (d)(3) is deleted. § 21.191(g). There is no ‘‘51% build’’ § 21.191(i)(1) to avoid any implication requirement for existing unregistered that a person can operate these aircraft Section 21.191 Experimental ultralight-like aircraft that are for 36 months without an airworthiness Certificates certificated under § 21.191(i)(1). certificate. The revised language makes Paragraph (i) Operating light-sport Several commenters expressed clear the original intent of the proposal, aircraft: The proposed rule made several concern over the process of issuing which was that an experimental references to ‘‘for the purpose of sport airworthiness certificates for certificate will not be issued for an and recreation and flight training.’’ unregistered ultralight-like aircraft and aircraft under § 21.191(i)(1) after August These are not purposes related to the recommended measures to speed the 31, 2007. certification of light-sport aircraft, but process and prevent backlogs, such as The FAA notes that, except as are operational privileges and use of DARs. Another commenter specified in § 91.715, § 91.203(a) limitations. Therefore, all references to wanted to know if the FAA would allow prohibits a person from operating a civil ‘‘sport and recreation’’ or ‘‘flight representatives from private ultralight aircraft unless it has within it an training’’ are removed from this section organizations to be designated as appropriate and current airworthiness and addressed in the requirements for inspectors, as is done in Great Britain. certificate and a registration certificate operating limitations set forth in part 91. The FAA believes that after the effective (or application as per § 47.31(b)). Once Proposed § 21.191(i)(1) would have date of this final rule, a large number of an aircraft registration certificate has permitted a light-sport aircraft with an owners of existing two-seat ultralight- been issued by the FAA and received by experimental certificate to be used for like aircraft operating under training the applicant, a two-place training training for compensation or hire until exemptions will apply for an vehicle operated under an exemption to 36 months after the effective date of the experimental light-sport certificate. The part 103 is considered an aircraft. regulation. Currently, two-seat ultralight FAA believes that there are several Operation of the aircraft without an vehicles are not permitted to be thousand of these aircraft that have not airworthiness certificate is a violation of

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the provisions of § 91.203(a) and the Proposed paragraph (i)(2) addressed commenter asserts that the operator statutory provisions of 49 U.S.C. operating a light-sport aircraft that was could still engage in many of the 44711(a)(1). Preamble language assembled from an eligible kit. Proposed operations permitted for special light- contained in the notice may have misled § 21.0193(e)(5) stated that the assembler sport aircraft without meeting those some individuals operating under an of an aircraft, seeking certification under more stringent limitations. The FAA exemption to part 103 to believe that an paragraph (i)(2), had to provide the disagrees. Operating limitations aircraft could be operated without both instructions used to assemble the specified in § 91.319 for experimental a registration certificate and an aircraft. There was no requirement in light-sport aircraft certificated under airworthiness certificate or that an § 21.191(i)(2) that a person had to § 21.191(i)(3) are more restrictive than aircraft issued a registration certificate assemble the aircraft in accordance with the operating limitations issued to could be operated without an the manufacturer’s assembly special light-sport aircraft. airworthiness certificate. This instructions. In the final rule, therefore, The FAA is deleting the requirement impression may have been caused by § 21.191(i)(2) now includes the that aircraft certificated under using rule language that included a requirement that the aircraft kit be § 21.191(i)(2) be assembled without the compliance date based on making an assembled in accordance with the supervision and quality system of the application for a registration certificate manufacturer’s assembly instructions manufacturer. The FAA does not want and not reiterating both the regulatory that meet an applicable consensus to preclude individuals seeking and statutory requirement for an aircraft standard. certification of these aircraft under this to be issued an airworthiness certificate A commenter stated that experimental section from obtaining the assistance of before it can be operated. The FAA certificates should not be issued for the manufacturer. should not have stated in the notice that light-sport aircraft that are not intended In paragraph (i)(3), the FAA is if you currently operate an ultralight for experimental use but are intended to changing the reference to § 21.190 from vehicle under a training exemption and be mass-produced on production line. § 21.186. In addition, the words ‘‘sport have applied to the FAA for an aircraft The commenter said that the FAA and recreation and flight training’’ are registration, you would be allowed to should create another status for aircraft deleted. These limitations are addressed continue to operate under a training whose certification falls between in operating limitations specified in exemption until you are issued an current type-certificated aircraft and § 91.319. experimental, light-sport airworthiness true experimental aircraft. The FAA A few commenters wanted the FAA to certificate. The FAA strongly believes that the special light-sport amend § 39.1 to permanently relieve encourages those persons seeking aircraft certificate serves this purpose. experimental aircraft from airworthiness airworthiness certificates for light-sport In ‘‘experimental certificate,’’ the word directives. The FAA did not propose aircraft under 21.191(i)(1) to make the ‘‘experimental’’ indicates that there is this action in the NPRM and considers necessary arrangements to obtain no known standard for the design or it to be outside the scope of this rule. production of the aircraft. Therefore, the airworthiness certification to coincide Changes with the issuance of the aircraft’s FAA believes that experimental The proposed amendment to registration. Such action will minimize certificates are appropriate for kit-built paragraph (h) is adopted without the amount of time that these aircraft aircraft. The same commenter noted that change. cannot be legally operated. proposed § 21.191(i) would allow Paragraph (i) is changed by removing The FAA also notes that if an certification of aircraft carrying persons the words ‘‘for the purpose of sport and ultralight-like aircraft does not meet the for compensation or hire that have never recreation and flight training’’ definition of an ultralight vehicle been shown to meet any design or throughout. specified in part 103, or is not operated production airworthiness standard. The Paragraph (i)(1) is changed to state in accordance with the provisions of an FAA notes that these aircraft will not be that the paragraph applies to light-sport exemption under part 103 to conduct permitted to be used for the full range aircraft that have ‘‘not been issued an flight training, the aircraft can not be of compensation or hire operations airworthiness certificate under [part operated under part 91 until the aircraft normally carried out by aircraft with 21].’’ has been registered with the FAA and standard airworthiness certificates. In paragraph (i)(1), the references to an airworthiness certificate has been Operating limitations for these aircraft the time a person must apply for issued for the aircraft. Additionally, any will restrict their use, as specified in registration and receive an experimental person operating the aircraft must § 91.319. The commenter also stated certificate are removed and replaced possess a current and valid pilot that there is no rigid conformity with the sentence, ‘‘An experimental certificate. requirement for kit-built aircraft certificate will not be issued under this After reviewing the comments, the certificated under this section. The FAA paragraph for these aircraft after August FAA believes it is necessary to clarify disagrees and notes that an applicant 31, 2007.’’Also in paragraph (i)(1), the that only aircraft that have not been seeking to certificate a kit-built aircraft allowable period for which the aircraft previously issued U.S. or foreign under § 21.191(i)(2) must also comply may be used for compensation and hire airworthiness certificates are eligible for with § 21.193(e) and provide a statement for initial flight training was moved to the experimental light-sport certificate of compliance issued by the aircraft’s § 91.319. under § 21.191(i)(1). If an aircraft has manufacturer that contains the In paragraph (i)(2), the term ‘‘eligible previously been issued any information generally required by kit’’ is changed to ‘‘aircraft kit,’’ and a airworthiness certificate under part 21, § 21.190(c). The commenter was also reference to § 21.193(e) is included to it is not eligible for an experimental concerned that an operator of a special clarify what constitutes an eligible kit. light-sport certificate under light-sport aircraft could decide to The paragraph is also changed to specify § 21.191(i)(1). Language has been added obtain an experimental light sport that the aircraft must be assembled in to § 21.191(i)(1) in the final rule to certificate when that operator no longer accordance with the manufacturer’s reflect his intent. Also see the intends to comply with the more assembly instructions that meet discussion above, ‘‘III.5.A. Comments stringent operating limitations of the applicable consensus standards. In on Ultralight Vehicles.’’ special light-sport aircraft. The addition, the requirement that the kit be

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assembled without the supervision and the applicable international agreements. maintenance and inspection quality system of the manufacturer is See discussion of § 21.190(d). procedures.’’ deleted. Proposed paragraph (e)(5) would have Paragraph (e)(4) is revised for clarity In paragraph (i)(3), the FAA is required that the assembler of a kit and to correct references to § 21.190 changing the reference to § 21.190 from aircraft provide the assembly (which was proposed as § 21.186). Also, § 21.186. In addition, the words ‘‘sport instructions. This requirement has been the paragraph is modified to require that and recreation and flight training’’ are removed; however, § 21.191(i)(2) has assembly instructions must meet an deleted. been changed to require that these applicable consensus standard. aircraft be assembled in accordance The provisions of proposed paragraph Section 21.193 Experimental with the manufacturer’s assembly (e)(5) are not adopted. Instead, its Certificates: General instructions that meet an applicable provisions have been revised and placed One commenter suggested that the consensus standard. Under that section, in § 21.191(i)(2). proposal would not permit a the FAA does not specifically require In the final rule, new paragraph (e)(5) manufacturer to produce only kits. The that an applicant submit manufacturer’s adds the requirement to provide the FAA disagrees. The rule does not assembly instructions; however, it may aircraft flight training supplement. contain such a limitation. As proposed, be necessary for the applicant to present Proposed paragraph (e)(6) is revised to the manufacturer is required to those instructions to show that the kit include more specific language manufacture and assemble at least one was assembled in accordance with those regarding the types of international complete aircraft of each make and instructions. agreements that are required for an model before an airworthiness The FAA has added new experimental light-sport aircraft to be certificate is issued for a kit-built § 21.193(e)(5) to the final rule to require certificated from an aircraft kit aircraft under § 21.191(i). The aircraft that the assembler of a kit aircraft manufactured outside the United States. assembled by the manufacturer must provide the aircraft flight-training V.3. Part 43—Maintenance, Preventive have been issued a special light-sport supplement. This is to assure that the Maintenance, Rebuilding, and airworthiness certificate. This provides assembler, who must operate and test Alteration evidence that the aircraft meets an the aircraft according to the applicable consensus standard. manufacturer’s instructions as part of V.3.A. Part 43—General Issues Other commenters recommended that the assembly process, is aware of any The NPRM proposed to give the FAA clarify what an applicant must flight-training requirements that the repairmen (light-sport aircraft) the provide to the FAA to show that the kit- manufacturer may specify. This authority to work on special light-sport built light-sport aircraft was assembled document should also identify the set of aircraft without complying with part 43. in accordance with the manufacturer’s aircraft to which the individual aircraft The proposal was based on the three instructions. The FAA agrees and has belongs. This is consistent with factors—(1) special light-sport aircraft made changes to the final rule in requirements for a ready-to-fly aircraft would be very basic in design and response to these comments. The under § 21.190(b)(1). construction; (2) these aircraft, and parts changes to § 21.191(i)(2) mentioned A few commenters requested direct installed on them, would not be FAA above require the applicant to provide assistance from the FAA in the assembly approved; and (3) work could be evidence that the aircraft was assembled and certification of their specific performed on these aircraft under in accordance with the manufacturer’s aircraft. This is outside the scope of operating limitations that would contain assembly instructions and that the rulemaking. The FAA does not assist provisions similar to part 43. The assembly instructions meet an persons in the assembly of aircraft. The proposal would have required applicable consensus standard. FAA will, however, respond to maintenance on these aircraft to be One commenter questioned the need questions regarding the certification of performed in accordance with operating for the requirement that a registered aircraft. limitations. This parallels the current owner provide evidence that an Additionally, the FAA received requirement to have annual condition imported aircraft kit was manufactured comments pertaining to the construction inspections on experimental amateur- in a country with which the United of kit-built light-sport aircraft and the built aircraft performed in accordance States had an agreement for its import FAA’s control of kit manufacturers. The with the aircraft’s operating limitations. or export. The commenter noted that FAA provides for the safety of the kit- Several commenters expressed kit-built aircraft would be classified as built aircraft through the inspection of concern that there would be a experimental light-sport aircraft under the assembled aircraft prior to issuing degradation of safety by excepting the rule. The FAA disagrees. Kit-built an experimental certificate. Each kit- special light-sport aircraft from part 43 experimental light-sport aircraft built aircraft is inspected prior to maintenance performance standards and certificated under § 21.191(i)(2) must certification. An aircraft that is not in a recording requirements. One commenter comply with consensus standards. The condition for safe operation will not be specifically expressed concerns that FAA believes that all aircraft designed issued an experimental certificate. safety would be compromised without a to a consensus standard must be maintenance standard and wanted part Changes manufactured in a country with which 43 to be required, or equivalent the United States has a BAA, BASA In paragraph (e), ‘‘registered owner’’ is standards included in the aircraft with an IPA concerning airplanes, or changed to ‘‘applicant.’’ operating limitations. The FAA agrees equivalent airworthiness agreement, Paragraph (e)(1) is revised for clarity and is changing the rule to require regardless of whether the aircraft is a kit with no substantive change. maintenance to be performed in or a completed aircraft. The requirement In paragraph (e)(2), ‘‘applicable pilot accordance with part 43 for reasons in § 21.193(e)(6) is similar to that operating handbook’’ is changed to ‘‘the described below. These requirements imposed under § 21.190(d). The aircraft operating instructions.’’ will apply to repairmen, repair stations, requirement specified in § 21.193(e)(6) In paragraph (e)(3), ‘‘applicable or mechanics when performing and is retained and modified in a manner maintenance and inspection recording work on special light-sport similar to § 21.190(d) to better describe procedures’’ is changed to ‘‘the aircraft aircraft.

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After reviewing public comments on on a special light-sport aircraft will not proposed language stating that part 43 the definition of ‘‘light-sport aircraft’’ in need to— would not apply to any aircraft issued § 1.1, the FAA is increasing the takeoff • Use the repair and alteration form a special airworthiness certificate in the weight of light-sport aircraft to allow (FAA Form 337) required by §§ 43.5(b) light-sport category. incorporation of more reliable FAA- and 43.9 (d); In addition, paragraph (d) is added to approved type-certificated engines and • Use the list of major repairs and create exceptions for major repairs and propellers. As a result of that change, major alterations in part 43, appendix A, major alterations performed on products the FAA anticipates that type- sections (a) and (b) to determine what not produced under an FAA approval certificated engines and propellers will constitutes a major repair or major installed on special light-sport aircraft. be installed on special light-sport alteration; or If the parts are produced under an FAA aircraft, the majority of which will be • Record major repairs and major approval, the exceptions in paragraph used for flight training and rental. alterations as prescribed in part 43, (d) do not apply. The FAA wants to encourage the use appendix B. Changes of these type-certificated products, as The use of Form 337 is not required they will enhance safety and reliability because special light-sport aircraft will The introductory text of paragraph (a) of special light-sport aircraft. This be built to a consensus standard is amended to include a reference to the change necessitates more clearly ‘‘accepted’’ by the FAA, but not exception established by new paragraph established maintenance performance ‘‘approved’’ by the FAA. Since data (d). and recording procedures, in part to used to comply with the consensus Paragraph (b) is revised to remove the address work that may be performed to standard will be accepted design data proposed exception for special light- satisfy ADs issued on products installed only, the FAA will not require the use sport aircraft. Paragraph (d) is added to address the on these aircraft. of approved data for major repairs or performance of major repairs and major The need to perform and record major alterations, nor will the FAA alterations on special light-sport aircraft. maintenance on these aircraft in require the use of a form that requires accordance with part 43 was highlighted the listing of ‘‘approved’’ data for a Section 43.3 Persons Authorized To when, on , 2002, the FAA major repair or major alteration of a Perform Maintenance, Preventive issued Airworthiness Directive 2002– special light-sport special aircraft. The Maintenance, Rebuilding, and 16–07 on Bombardier-Rotax 912 and FAA expects that the consensus Alterations 914 series type-certificated engines. standards will address the identification As stated above, § 43.1 now includes These engines may be used on and recording of major repairs and maintenance performance and recording ultralight-like aircraft used for flight major alterations for each category of requirements for special light-sport training and amateur-built aircraft, the light-sport aircraft. aircraft. In § 43.3, paragraph (c) is kinds of aircraft that may fall within the For major repairs and major revised to allow repairmen to perform weight, speed, and two-seat occupancy alterations performed on FAA-approved alterations as provided in part 65. This parameters of light-sport aircraft. The products installed on special light-sport change is being made because part 65 AD demonstrates that it is reasonable to aircraft, the recording requirements to has been revised to permit repairmen expect that some special light-sport document major repairs and major (light-sport aircraft) to perform aircraft used for training and rental will alterations in part 43 will apply. alterations on special light-sport aircraft. be subject to ADs. Another commenter expressed Also, § 43.3(g) is revised to allow the Generally, the changes in this rule concern that communication and holder of a sport pilot certificate to require compliance with §§ 43.9, 43.12, navigation equipment required by part perform preventive maintenance on and 43.13. Repairmen performing 91 would not be adequately maintained. special light-sport aircraft, if he or she maintenance and pilots performing The FAA agrees this kind of equipment owns or operates the aircraft. preventive maintenance on light-sport should be maintained in accordance The new maintenance privileges for special aircraft will be held to the with part 91 and the applicable sport pilots and repairmen (light-sport following: provisions of part 43 and these aircraft) do not extend to work • The recording requirements in requirements are now reflected in the performed on type-certificated aircraft § 43.9 for maintenance; rule. that meet the definition of light-sport • The falsification and alteration of Several commenters wanted part 43 to aircraft. Sport pilots and repairmen records prohibitions in § 43.12; and be amended to allow sport pilots to (light-sport aircraft) will not be • The performance requirements in perform preventive maintenance as permitted to perform preventive § 43.13, which requires the repairman defined in part 43. The FAA agrees that maintenance and maintenance on type- and pilot to do the work in accordance sport pilots should be permitted to certificated aircraft. This decision is with the manufacturer’s instructions perform preventive maintenance on based on the fact that they do not have and states that the work performed must certain light-sport aircraft. Therefore the same level of experience as persons be done in a way that the aircraft § 43.3 is revised to permit sport pilots to who currently perform maintenance and condition is equal to its original or perform preventive maintenance, but preventive maintenance on type properly altered condition. only on special light sport aircraft the certificated aircraft. The FAA believes Other sections of part 43 are changed pilot owns and operates. the amount of training required under to address the newly created sport pilots V.3.B. Part 43—Section-by-Section this rule for sport pilots and repairmen and repairmen (light-sport aircraft) Discussion (light-sport aircraft) is not sufficient to under §§ 43.9, 43.12, and 43.13. These permit them to sign off maintenance- Section 43.1 Applicability changes will permit these persons to related tasks on more complicated type- perform maintenance in accordance The FAA’s response to comments certificated aircraft and this lack of with the provisions of part 43; however, regarding the applicability of part 43 to training would create additional safety a person performing work equivalent to light sport aircraft are addressed in the concerns. a major repair or a major alteration on discussion above. In the final rule, The FAA wants to make it clear that, a non-FAA-approved product installed paragraph (b) is revised to remove while an appropriately rated sport pilot

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may fly a type-certificated aircraft that aircraft) with a maintenance rating to is taking this opportunity to revise the meets the definition of light-sport approve an aircraft certificated as a heading of § 43.9 and paragraph (c) to aircraft, only certificated airframe and special light-sport category aircraft for remove the reference to part 123, which powerplant mechanics with inspection return to service. This includes no longer exists. authorization and appropriately rated approving both special and Changes repair stations must conduct the annual experimental light-sport aircraft for inspection and ensure compliance with return to service after the performance The heading for § 43.9 is revised to ADs and other inspections required to of either an annual condition inspection remove the reference to part 123. maintain a standard airworthiness or a 100-hour inspection. It also In paragraph (a), the concluding text certificate or other special airworthiness includes approving a special light-sport (beginning with the words, ‘‘In addition certificate issued to a type certificated aircraft for return to service after to the entry required * * * ’’) is aircraft. maintenance is performed on that designated as a new paragraph (d). In Some commenters expressed aircraft. addition, the words, ‘‘required by this confusion over what the term Paragraph (h) is added to allow the paragraph’’ are changed to ‘‘required by ‘‘preventive maintenance’’ means. As holder of a sport pilot certificate to paragraph (a) of this section.’’ defined in § 1.1, preventive approve a special light-sport aircraft for In paragraph (c), the reference to part maintenance means ‘‘...simple or minor return to service after performance of 123 is removed. preservation operations and the preventive maintenance as authorized V.4. Part 45—Identification and replacement of small standard parts not in § 43.3(g). Registration Marking involving complex assembly For reasons similar to those discussed operations.’’ Preventive maintenance under § 43.3, light-sport aircraft Section 45.11 General operations are listed in appendix A of manufactures are not authorized to Although not proposed in the NPRM, part 43. As the term pertains to special approve aircraft for return to service, the FAA is including an amendment to light-sport aircraft, preventive unless otherwise certificated. § 45.11 in the final rule. The change is maintenance may be performed by the Changes necessary because current § 45.11 sets holder of at least a sport pilot certificate. forth a requirement that an aircraft’s That aircraft must be owned or operated Paragraphs (g) and (h) are added to identification plate must be secured by that pilot and the work must be § 43.7 as discussed above. either adjacent to and aft of the rearmost performed in accordance with the Section 43.9 Content, Form, and entrance door or on the fuselage surface performance rules specified in § 43.13. Disposition of Maintenance, Preventive near the tail surfaces. Powered Experimental aircraft do not meet a Maintenance, and Alterations Records parachutes and weight-shift-control recognized standard for certification, (Except Inspections Performed in aircraft have neither entrance doors or and the FAA has not imposed the Accordance With Part 91, Part 125, tail surfaces. Therefore, the FAA is maintenance rules in part 43 for the § 135.411(a)(1), and § 135.419 of This adding an exception in a new paragraph continuing airworthiness of these Chapter) (e) to address powered parachutes and aircraft. Therefore, the limitations on weight-shift-control aircraft. Section 43.9 is amended and the performance of preventive Identification plates on these aircraft reorganized for clarity. In the final rule, maintenance in part 43 do not apply, may be secured to the aircraft fuselage the FAA is adding a new paragraph (d) and experimental aircraft may have exterior so that they are legible to a using the language presently at the end preventive maintenance performed by person on the ground. any individual. of paragraph (a) (beginning with the Light-sport aircraft manufacturers are words ‘‘In addition to the entry required Changes not included in the list of persons ***’’). This new paragraph contains Paragraph (a) is amended to add a authorized to perform maintenance, the obligation for persons who perform reference to the exception in new preventive maintenance, rebuilding or major repairs and major alterations on paragraph (e). alterations, or approve an aircraft for type-certificated aircraft to record that Paragraph (e) is added, as discussed return to service, because they are not work as prescribed in appendix B to above. required to hold an FAA-issued part 43. As stated above, the FAA will The changes were not proposed. production approval or repair station not require that major repairs and major alterations on non-FAA-approved Section 45.23 Display of Marks; certificate. This lack of FAA General certification does not prevent the products installed on an aircraft manufacturer from having FAA- certificated as a special light-sport Section 45.23(b) sets forth the general certificated persons on its staff who are category aircraft meet these requirements for displaying registration authorized to perform maintenance and requirements. New paragraph (d) is marks (‘‘N’’ numbers) on an aircraft, as inspection functions. being established to facilitate the well as other display markings for other exception specified in § 43.1(d)(1), types of aircraft. Although not originally Changes which states that the repair or alteration included in the proposed rule, the FAA Paragraphs (c) and (g) of § 43.3 are form specified in this section is not is adopting a revision to § 45.23(b) to revised in the final rule as discussed required to be completed when work is respond to commenters’ requests that above. performed on a non-FAA-approved light-sport aircraft have additional product. Major repairs and major markings identifying them as light-sport Section 43.7 Persons Authorized To alterations performed on FAA-approved aircraft similar to other marking Approve Aircraft, Airframe, Aircraft products must still meet the recording requirements for experimental aircraft. Engines, Propellers, Appliances, or requirements in part 43. For a complete This change to § 45.23 adds the Component Parts for Return to Service discussion, see ‘‘V.3.A. Part 43—General requirement for special light-sport After Maintenance, Preventive Issues’’ above. aircraft certificated under § 91.190 to Maintenance, Rebuilding, or Alteration In addition, although not related to include the mark ‘‘light-sport.’’ The In § 43.7, paragraph (g) is added to the amendments for the recording major FAA emphasizes that aircraft having a enable the repairman (light-sport repairs and major alterations, the FAA standard airworthiness certificate that

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meet the definition of a light-sport will allow markings on the wings or smaller than those required for other aircraft are not required to have the canopy if the operator wants to place certificated aircraft. The FAA will mark ‘‘light-sport’’ displayed on the them there; however, they will not be continue to require that all registered aircraft. Aircraft that are required to be required. As discussed above, the aircraft display at least 3-inch-high marked ‘‘experimental’’ also are not markings are required on the fuselage. markings. required have the mark ‘‘light-sport’’ This allows the interchanging of wings Some commenters wanted all light- displayed on the aircraft. without having to have the wings and sport aircraft to display 12-inch the fuselage recertificated as one unit markings, regardless of the type of Changes each time they are changed. aircraft. The FAA disagrees that all Paragraph (b) is revised to add light- light-sport aircraft must display such Changes sport aircraft to the list of other aircraft marks. While most aircraft are required to which the section applies. This In paragraph (e), the words ‘‘on any to display 12-inch-high marks, part 45 amendment was not proposed. structural member or airfoil’’ have been allows for certain types of aircraft and changed to ‘‘on any fuselage structural Section 45.27 Location of Marks; experimental aircraft with airspeeds member.’’ Nonfixed-Wing Aircraft under 180 knots CAS to display 3-inch- Section 45.29 Size of Marks high marks. The size and speed of light- The FAA received several comments sport aircraft does not necessitate the on the where marks should be located Some commenters suggested that the display of marks of a size more on non-fixed-wing aircraft. Some rule allow experimental light-sport appropriate for larger and faster aircraft. commenters recommended that the FAA aircraft to use 1.5-inch-high markings require powered parachute owners to instead of 3-inch-high markings already Changes place markings on the airframe and not required for most similar types of The proposed rule is adopted without the airfoil. One commenter requested aircraft. These commenters noted that change. that markings be required on gas tanks. because some light-sport aircraft are Another commenter wanted to be able constructed using narrow tubular metal V.5. Part 61—Certification: Pilots, to ‘‘swap out’’ the wings on weight- spars to form the aircraft’s fuselage, Flight Instructors, and Ground shift-control aircraft, as they have there is not sufficient area on the side Instructors multiple wings that attach directly to of such aircraft to display 3-inch-high V.5.A. Part 61—General Issues one powered fuselage unit, and it only markings. The FAA disagrees with these takes minutes to change them. The FAA observations. Aircraft that do not have V.5.A.i. SFAR No. 89 Conversion Table believes that all of these commenters’ the required surface area for the display As discussed above, the FAA concerns can be addressed by requiring of the required 3-inch-high markings proposed the sport pilot certification that the markings be placed on the may be modified easily to be in provisions as Special Federal Aviation fuselage, as that is a permanent compliance with this requirement Regulation (SFAR) No. 89. Those structure of these aircraft. The FAA has through the installation of a plate on the provisions now have been incorporated revised the rule language accordingly. side of the aircraft large enough to into the main body of part 61. Please use Another commenter requested that accommodate the required markings. the chart below to determine how the marks be required on the wing or the The FAA does not believe that the SFAR section numbers correspond to canopy, as is done in Europe. The FAA markings for these aircraft should be part 61 section numbers.

SFAR section Part 61 section

1. What is the purpose of this SFAR? ...... § 61.1 Applicability and definitions. § 61.301 What is the purpose of this subpart? § 61.401 What is the purpose of this subpart? § 61.213 Eligibility requirements. § 61.215 Ground instructor privileges. 3. When am I eligible for a certificate under this SFAR? ...... Existing § 61.83, Eligibility requirements for student pilots, contains the same requirements as the proposed rule. § 61.305 What are the age and language requirements for a sport pilot certificate? § 61.403 What are the age, language, and pilot certificate require- ments for a flight instructor certificate with a sport pilot rating? 5. Does this SFAR expire? ...... Not adopted in final rule. 7. Does a sport pilot certificate issued under this SFAR expire? Existing § 61.19, Duration of pilot and instructor certificates, contains the same requirements as the proposed rule. 9. What is a light-sport aircraft? ...... § 1.1 General definitions. 11. Who is an authorized instructor? ...... Existing § 61.1, Applicability and definitions, contains the same require- ments as the proposed rule. 13. Do regulations other than those contained in this SFAR apply to a § 61.303 If I want to operate a light-sport aircraft, what operating lim- sport pilot? its and endorsement requirements in this subpart must I comply with? 15. Must I hold an airman medical certificate? ...... § 61.3 Requirement for certificates, ratings, and authorization. § 61.23 Medical certificates: Requirement and duration. 17. Am I prohibited from operating a light-sport aircraft if I have a med- § 61.53 Prohibition on operations during medical deficiency? ical deficiency? Student Pilot Certificate to Operate Light-Sport Aircraft 31. How do I apply for a student pilot certificate to operate light-sport Existing § 61.85, Application, contains the same requirements as the aircraft? proposed rule. 33. (a), (b), and (c): What solo requirements must a student pilot oper- § 61.87 Solo requirements for student pilots. ating light-sport aircraft meet?

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SFAR section Part 61 section

33. (d), (e), and (f): What solo requirements must a student pilot oper- § 61.93 Solo cross-country flight requirements. ating light-sport aircraft meet? 35. Are there any limits on how a student pilot may operate a light- § 61.89 General limitations. sport aircraft? § 61.23 Medical certificates: Requirement and duration. 37. How do I obtain privileges to operate in Class B, C, or D airspace § 61.94 Student pilot seeking a sport pilot certificate or recreational and at an airport located in Class B, C, or D airspace? pilot certificate: Operations at airports within, and in airspace within, Class B, C, and D airspace, or at airports with an operational control tower in other airspace. Sport Pilot Certificate 51. What aeronautical knowledge must I have to apply for a sport pilot § 61.309 What aeronautical knowledge must I have to apply for a certificate? sport pilot certificate? 53. What flight proficiency requirements must I meet to apply for a § 61.311 What flight proficiency requirements must I meet to apply for sport pilot certificate? a sport pilot certificate? 55. What aeronautical experience must I have to apply for a sport pilot § 61.313 What aeronautical experience must I have to apply for a certificate? sport pilot certificate? 57. What tests do I have to take to receive a sport pilot certificate? ...... § 61.307 What tests do I have to take to obtain a sport pilot certifi- cate? 59. Will my sport pilot certificate list light-sport aircraft category and § 61.317 Is my sport pilot certificate issued with aircraft category and class ratings? class ratings? 61. May I operate all categories, classes, and makes and models of § 61.303 If I want to operate a light-sport aircraft, what operating lim- light-sport aircraft with my sport pilot certificate? its and endorsement requirements in this subpart must I comply with? § 61.319 Can I operate a make and model of aircraft other than the make and model aircraft for which I have received an endorsement? 63. How do I obtain privileges to operate an additional category or § 61.321 How do I obtain privileges to operate an additional category class of light-aircraft? or class of light-sport aricraft? 65. How do I obtain privileges to operate an additional make and § 61.323 How do I obtain privileges to operate a make and model of model of light-sport aircraft? light-sport aircraft in the same category and class within a different set of aircraft? 67. Must I carry my logbook with me in the aircraft? ...... § 61.51 Pilot logbooks. Privileges and Limits of Holders of a Sport Pilot Certificate 71. What type of aircraft may I fly if I hold a sport certificate? § 61.303 If I want to operate a light-sport aircraft, what operating lim- its and endorsement requirements in this subpart must I comply with? 73. What are my limits for the operation of light-sport aircraft? ...... § 61.315 What are the privileges and limits of my sport pilot certifi- cate? 75. May I demonstrate an aircraft in flight to a prospective buyer? ...... § 61.315 What are the privileges and limits of my sport pilot certifi- cate? Paragraph (c)(9). 77. May I carry a passenger? ...... § 61.315 What are the privileges and limits of my sport pilot certifi- cate? 79. May I share operating expenses of a flight with a passenger? § 61.315 What are the privileges and limits of my sport pilot certifi- cate? Paragraph (b). 81. How do I obtain privileges to operate in Class B, C, or D airspace? § 61.325 How do I obtain privileges to operate a light-sport aircraft at an airport within, or in airspace within, Class B, C, and D airspace, or in other airspace with an airport having an operational control tower? 83. How do I obtain privileges to operate a light-sport aircraft that has a § 61.327 How do I obtain privileges to operate a light-sport aircraft VH greater than 87 knots CAS? that has a VH 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 § 61.303 If I want to operate a light-sport aircraft, what operating lim- private pilot certificate issued under 14 CFR part 61? its and endorsement requirements in this subpart must I comply with? 93. How do I obtain a sport pilot certificate if I do not hold a pilot certifi- § 61.52 Use of aeronautical experience obtained in ultralight vehicles. cate issued under 14 CFR part 61, but I have been flying ultralight § 61.329 Are there special provisions for obtaining a sport pilot certifi- vehicles under 14 CFR part 103? cate for persons who are registered ultralight pilots with an FAA-rec- ognized ultralight organization? 95. How do I obtain a sport pilot certificate if I don’t hold a pilot certifi- Subpart J—Sport Pilots establishes all requirements. cate and have never flown an ultralight vehicle? Flight Instructor Certificate With a Sport Pilot Rating 111. Must I hold an airman medical certificate? ...... § 61.3 Requirement for certificates, ratings, and authorizations. § 61.23 Medical certificates: Requirement and duration. 113. What aeronautical knowledge requirements must I meet to apply § 61.407 What aeronautical knowledge must I have to obtain a flight for a flight instructor certificate with a sport pilot rating? instructor certificate with a sport pilot rating? 115. What training must I have in areas of operation to apply for a § 61.409 What flight proficiency requirements must I meet to apply for flight instructor certificate with a sport pilot rating? a flight instructor certificate with a sport pilot rating? 117. What aeronautical experience must I have to apply for a flight in- § 61.411 What aeronautical experience must I have to apply for a structor certificate with a sport pilot rating? flight instructor certificate with a sport pilot rating? 119. What tests do I have to take to get a flight instructor certificate § 61.405 What tests do I have to take to obtain a flight instructor cer- with a sport pilot rating? tificate with a sport pilot rating? 121. What records do I have to keep and for how long? § 61.423 What are the recordkeeping requirements for a flight instruc- tor with a sport pilot rating?

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SFAR section Part 61 section

123. Will my flight instructor certificate with a sport pilot rating list light- § 61.417 Will my flight instructor certificate with a sport pilot rating list sport aircraft category and class ratings? aircraft category and class ratings? 125. Am I authorized to provide training in all categories and classes of § 61.413 What are the privileges of my flight instructor certificate with light-sport aircraft with my flight instructor certificate with a sport pilot a sport pilot rating? rating? § 61.415 What are the limits of a flight instructor certificate with a sport pilot rating? 127. How do I obtain privileges to provide flight training in an additional § 61.419 How do I obtain privileges to provide training in an additional category or class of light-sport aircraft? category or class of light-sport aircraft? 129. How do I obtain privileges authorizing me to provide flight training Not adopted in final rule. in an additional make and model of light-sport aircraft? 131. Do I need to carry my logbook with me in the aircraft? § 61.51 Pilot logbooks. 133. What privileges do I have if I hold a flight instructor certificate with § 61.413 What are the privileges of my flight instructor certificate with a sport pilot rating? a sport pilot rating? 135. What are the limits of a flight instructor certificate with a sport pilot § 61.52 Use of aeronautical experience obtained in ultralight vehicles. rating? § 61.415 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 § 61.415 What are the limits of a flight instructor certificate with a instructor applicants? sport pilot rating? 139. May I give myself an endorsement? ...... § 61.421 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 § 61.429 May I exercise the privileges of a flight instructor certificate CFR part 61 and want to exercise the privileges of a flight instructor with a sport pilot rating if I hold a flight instructor certificate with an- certificate with a sport pilot rating? other rating? 153. What if I am only a registered ultralight instructor with an FAA-rec- § 61.52 Use of aeronautical experience obtained in ultralight vehicles ognized ultralight organization? § 61.431 Are there special provisions for obtaining a flight instructor certificate with a sport pilot rating for persons who are registered ultralight instructors with an FAA-recognized ultralight organization? 155. What if I’ve never provided flight or ground training in an aircraft Subpart K—Flight Instructors with a Sport Pilot Rating establishes all or an ultralight vehicle? requirements. Pilot Logbooks 171. How do I log training time and aeronautical experience? ...... § 61.51 Pilot logbooks. 173. How do I log pilot-in-command flight time? ...... § 61.51 Pilot logbooks. 175. May I use training time and aeronautical experience logged as a § 61.51 Pilot logbooks. sport pilot toward a higher certificate or rating issued under 14 CFR § 61.52 Use of aeronautical experience obtained in ultralight vehicles. part 61? 177. May I credit training time and aeronautical experience logged as § 61.52 Use of aeronautical experience obtained in ultralight vehicles. an ultralight operator toward a sport pilot certificate? 179. May I use aeronautical experience I got as the operator of an § 61.52 Use of aeronautical experience obtained in ultralight vehicles. 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 Certifi- cate or a Flight Instructor Certificate With a Sport Pilot Rating 191. What recent flight experience requirements must I meet for a Existing § 61.57 contains the same requirements as the proposed rule. sport pilot certificate? 193. What are the flight review requirements for a sport pilot certifi- Existing § 61.56 contains the same requirements as the proposed rule. cate? 195. How do I renew my flight instructor certificate? ...... § 61.425 How do I renew my flight instructor certificate? 197. What must I do if my flight instructor certificate with a sport pilot § 61.427 What must I do if my flight instructor certificate with a sport rating expires? pilot rating expires? Ground Instructor Privileges 211. What are the eligibility requirements for a ground instructor certifi- § 61.213 Eligibility requirements. cate? 213. What additional privileges do I have if I hold a ground instructor § 61.215 Ground instructor privileges. certificate with a basic ground instructor rating? 215. What additional privileges do I have if I hold a ground instructor § 61.215 Ground instructor privileges. certificate with an advanced ground instructor rating?

V.5.A.ii. Medical Provisions license or a current and valid airman a flight instructor certificate with a sport medical certificate issued under part 67. pilot rating and acting as pilot in Under Section 15 of SFAR No. 89, the These provisions, as revised in the final command of a light-sport aircraft other FAA proposed to require sport pilot rule, are located under §§ 61.3, 61.23, than a glider or balloon, to hold and certificate holders; student pilots and 61.303 in the operating rules where possess a current and valid U.S. driver’s operating within the limitations of a medical certificate requirements for all license or a current and valid airman sport pilot certificate; and higher-rated pilots are found. medical certificate issued under part 67. pilots who elect to exercise only sport Under Section 111 of SFAR No. 89, These provisions, as revised in the final pilot privileges to hold and possess the FAA proposed to require rule, are located under §§ 61.3 and 61.23 either a current and valid U.S. driver’s individuals exercising the privileges of in the operating rules where medical

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certificate requirements for all flight In addition, the FAA has determined older pilots no longer qualifying for an instructors are found. that the rule should explicitly provide airman medical certificate to continue Under Section 17 of SFAR No. 89, the that a pilot may not use a current and flying. In addition, commenters FAA set forth circumstances under valid U.S. driver’s license in lieu of a indicated that operators of light-sport which a medical deficiency would valid airman medical certificate if the aircraft are less likely to jeopardize the preclude operators from exercising sport pilot knows or has reason to know of safety of surrounding individuals than pilot privileges. In the final rule, these any medical condition that would make motorists driving vehicles on public provisions are located under § 61.53 that person unable to operate a light- roadways. Commenters indicated that where medical deficiency provisions are sport aircraft in a safe manner. This driving a motor vehicle is often more found. These provisions are also found reiterates the requirement of § 61.53, but demanding and stressful than piloting in §§ 61.23 and 61.303. ensures that a person using a driver’s an aircraft and that the overall incidence Comments received on the proposed license to exercise sport pilot privileges of crashes related to medical medical provisions were mainly focuses on it. This does not require a incapacitation is very low. According to supportive. A minority of commenters pilot to qualify for an airman medical commenters, most pilots are opposed the rule. Several commenters, certificate, but if an individual has any conscientious enough to take their own however, raised questions or offered question about his or her medical health into consideration when making other alternatives. Some requested that capacity to fly, that person should the decision on whether to fly. the FAA extend sport pilot medical consult his or her personal physician. provisions to recreational, and even Numerous supporters of proposed The individual still has the medical provisions mentioned the private, pilots. A few commenters responsibility to determine whether he recommended minor editorial changes. financial and time burden placed on or she meets the provisions of § 61.53. pilots to maintain an airman medical The FAA has reconsidered the An applicant for a student pilot certificate, noting specifically the circumstances in which a current and certificate seeking sport pilot privileges backlog for special-issuance medical valid U.S. driver’s license should be may be asked whether: allowed in lieu of a valid airman • He or she was found eligible for the certificates. Commenters stated that medical certificate and has made issuance of at least a third-class airman many pilots cannot obtain a third-class substantive revisions to the medical medical certificate (if he or she recently airman medical certificate and that provisions in the final rule. These applied for an airman medical some pilots, while medically capable of revisions are based on the FAA’s certificate). flying, cannot afford the medical testing concern that pilots whose airman • His or her most recently issued needed to maintain an airman medical medical certificates have been denied, airman medical certificate has been certificate. suspended, or revoked or whose suspended or revoked. Many commenters viewed this Authorization for Special Issuance of a • His or her most recent proposal as a means to allow Medical Certificate (Authorization) has Authorization has been withdrawn. individuals who have lost their third- been withdrawn would be allowed to The applicant may also be asked class airman medical certificates to operate light-sport aircraft other than whether he or she knows or has reason operate light-sport aircraft. Commenters gliders and balloons under the proposed to know of any medical condition that identifying themselves as senior citizens rule. Therefore, possession of a current would make that person unable to commonly shared this view and and valid U.S. driver’s license alone is operate a light sport aircraft in a safe welcome the opportunity to return to not enough to dispel this concern. For manner. If the applicant answers ‘‘yes’’ flying after being unable to obtain an this reason, this final rule permits using to any of these questions, the applicant airman medical certificate for many a current and valid U.S. driver’s license will be reminded that while he or she years. as evidence of medical qualification may be issued a student pilot certificate, Other comments in support may be based on certain conditions. If a person he or she may not use a driver’s license summarized generally as follows: has applied for an airman medical as evidence of medical qualification. • certificate, that person must have been By incorporating these provisions, the The FAA airman medical certificate found eligible for the issuance of at least FAA confirms that persons who would is aimed at more stressful tasks like a third-class airman medical certificate. exercise sport pilot privileges must those performed by commercial pilots If a person has held an airman medical consider their medical fitness before who often fly IFR. certificate, that person’s most recently operating. If a person should not be • FAA airman medical certificates do issued airman medical certificate must exercising airman privileges for medical not provide a guarantee about how a not have been revoked or suspended. If reasons, that person should not be person will feel 2 hours later and do not a person has been granted an conducting sport pilot privileges unless prevent in-flight health hazards. Authorization, that Authorization must and until it is safe for that person to do • Sport pilots, in particular, do not not have been withdrawn. so. have that ‘‘must get there’’ attitude. These provisions apply only to Comments that supported the • As long as the process of § 61.53 persons who have held or applied for an proposed medical provisions: The remains in place, there is no reason to airman medical certificate or who have majority of the comments received on require a non-commercial pilot to hold been granted an Authorization. It does the proposed medical provisions were an airman medical certificate. not require the pilot of a light-sport supportive. Supporting commenters • aircraft to apply for an airman medical regarded these proposed sections as the The additional requirement of a certificate. The words ‘‘most recent most critical part of the action and driver’s license covers the increase in application’’ refer to the latest medical stated that if the FAA publishes a final risk that the public may perceive and is application that is on file with the FAA rule with more restrictive medical appropriate for the weight and speed of and on which action was taken. In requirements, they would withdraw light-sport aircraft. addition, the words ‘‘most recently support for the entire proposal. They • The current regime probably leads issued airman medical certificate’’ refer stated that using a current and valid pilots to avoid doctors and treatments to the latest airman medical certificate U.S. driver’s license as proof of general for certain medical conditions (e.g., on file with the FAA. medical qualification would permit depression), thus decreasing safety.

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FAA Response to Supporting Comments unable to operate a light-sport aircraft in commenter, since a third-class airman As stated in the NPRM, the FAA a safe manner. medical certificate is the current FAA believes that the level of health The FAA believes that these standard for general aviation, it should evidenced by a current and valid U.S. minimum standards constitute only one be the same standard for sport pilots driver’s license is a necessary, minimum aspect of the overall determination as to flying within the single-engine category. prerequisite to safely operate light-sport fitness to fly light-sport aircraft. The One commenter had no objection to aircraft other than gliders and balloons. possession of a current and valid U.S. those exercising sport pilot privileges The FAA chose to use state driver driver’s license is not in and of itself being able to use a U.S. driver’s license standards because they require a sufficient to establish the fitness of the to verify health. According to this minimum level of health to be met pilot. Therefore, it must be clear that a commenter, this proposal can benefit U.S. driver’s license is not, for the those who cannot pass an FAA medical before issuance. The FAA recognizes purposes of this action, an FAA airman examination for whatever reason, but that these standards are sufficient medical certificate. The FAA cautions the commenter points out that a certain minimum standards for drivers that reference to a sport pilot ‘‘driver’s level of physical ability is required for operating their automobiles at high license medical’’ should be avoided safe flight. This commenter has speeds and in close proximity to other because a current and valid U.S. driver’s compiled data that indicates that automobiles. They also are sufficient as license does not become a sport pilot medical issues are virtually no problem minimum standards for pilots of light- certificate holder’s airman medical when considering ultralight flight and sport aircraft other than gliders and certificate. therefore it strongly objects to a medical balloons, absent evidence of a medical Moreover, the FAA is concerned that physical requirement for those pilots condition that would make the pilot a number of commenters believe that and instructors. Pilot medical data otherwise unsafe to fly. Further, a state the proposed rule would have presented specifically relating to the operation of driver’s license may be revoked or an avenue for pilots who have been the significantly heavier and faster suspended for certain offenses that also denied an airman medical certificate aircraft (up to 130 mph) as now may impact the license holder’s ability under part 67 to continue to fly. The proposed by the FAA, however, is not and fitness to fly a light-sport aircraft, FAA believes that most pilots who so clear. Therefore, the commenter thus providing an added level of become aware through an airman could not comment on the safety of protection. If the U.S. driver’s license of medical examination of a condition that allowing pilots of heavier, faster aircraft a person holding a sport pilot certificate could prevent them from flying safely which fly over congested areas and into or rating (who does not possess a valid would not continue to fly. The controlled airspace to fly without a airman medical certificate) is revoked or commenters reveal, however, that a medical examination. rescinded for any offense—including, number of pilots might not give among others, substance abuse, sufficient weight to the evidence of their FAA Response to Commenters Who excessive speeding, careless and medical conditions in deciding whether Supported the Proposal in Part reckless operation of a vehicle, they are fit to fly. The FAA has Commenters seem to be suggesting numerous traffic violations—the determined, therefore, that the best that the FAA adopt separate sets of individual will not be able to exercise course of action for aviation safety is to standards; a two-tiered approach for this sport pilot privileges until the license is not allow a current and valid U.S. rulemaking action that would require reinstated or the person obtains a valid driver’s license as evidence of medical airman medical certification for certain airman medical certificate. qualification if a person’s most recent sport pilot certificate holders. The FAA While pilots of light-sport aircraft will application for an airman medical did not propose such an approach be required to hold and possess at least certificate has been denied or most because, by doing so, the regulations a current and valid U.S. driver’s license, recently issued airman medical basically would remain as they are meeting this requirement alone does not certificate has been suspended or today. By establishing new rules and equate to fitness to fly. The FAA cannot revoked. creating a new sport pilot certificate the over-emphasize the crucial The possession of a current and valid FAA intends to allow for limited responsibility placed on those U.S. driver’s license in no way operations in a safe manner that will exercising sport pilot privileges to constitutes a certification by the FAA bring pilots operating ultralight-like carefully consider fitness to fly before that the holder of that license is fit to aircraft into a more uniform regulatory every flight. The FAA has always fly light-sport aircraft-that certification system. Because the commenters do not understood that pilots’ own judgment is provided by the pilot alone. It merely describe how the FAA could implement regarding their fitness to fly is their allows that the holder has met their proposals other than to essentially most basic and important safety minimum FAA requirements and is maintain current regulatory parameters, responsibility and that no level of permitted to operate a light-sport the FAA could not consider them. airman medical certification will ever aircraft subject to the requirements of Comments That Opposed the Proposed alleviate this responsibility. Those who part 61 and the pilot’s own Medical Provisions would exercise sport pilot privileges determination of his or her fitness to fly. must understand that, by taking control One medical organization commented of an aircraft as pilot in command, they Comments That Supported the U.S. that its general membership was have made an unequivocal declaration Driver’s License Proposal for Ultralight ‘‘overwhelmingly against’’ the NPRM’s as to their belief in their fitness to fly. Operations But Not for More Complex recommended use of a driver’s license. To ensure that pilots focus on this Light-Sport Aircraft Operations According to this organization, the FAA responsibility, the final rule, as adopted, One commenter agreed that a U.S. desire for not ‘‘creating a significant specifically provides that a pilot may driver’s license is acceptable for financial barrier’’ is without merit with not use a current and valid U.S. driver’s ultralights and powered parachutes, but respect to the airman medical license as evidence of medical indicated that ‘‘all pilots of powered certificate. The organization indicated qualification if he or she knows or has flight (single-engine aircraft) should that a 2001 survey of airmen medical reason to know of any medical undergo initial and periodic medical examiners with at least a 66% response condition that would make that person examinations.’’ According to this rate indicates the average cost of a third-

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class medical is $66.69. Annualized for driving fast and in close proximity to that would prevent them from flying those under 40, the cost is $22.23 and other automobiles is safe. The FAA safely must not exercise sport pilot for those over 40, $33.35, which can makes the comparison to driving to privileges. Additionally, individuals hardly be considered a financial burden. indicate only that, when compared to using a driver’s license to exercise sport In addition, this organization stated sport pilot operations, driving can be pilot privileges whose most recent that the NPRM’s conclusion that driving more stressful and can require more application for an airman medical fast in close proximity to other skill sometimes than flying a light-sport certificate has been denied or whose automobiles is safe and achieved by the aircraft. For the NPRM, the FAA most recently issued airman medical varied medical clearances for driver’s reviewed accident data relating to the certificate has been suspended or licenses, as applied across states, is medical condition(s) of a pilot not revoked must not exercise sport pilot misleading and supporting statistics are required to hold an airman medical privileges. glaringly absent. Using only fatal certificate as a causal factor in general This action requires a basic level of crashes where a driver was reportedly aviation accidents and not accident data health for sport pilot operations, if that ‘‘ill, passed out/blacked out’’ as a relating to a driver’s medical condition basic level cannot be met then sport percent of total fatal crashes for just the as causal factors in fatal automobile pilot privileges must not be exercised. year 2000 shows 0.9%. This percentage accidents. Therefore, the FAA cannot The intent of this action is not to goes up if other driver factors such as respond to the commenter regarding the encourage those who have medical medication reaction, not using 0.9% rate of total fatal automobile conditions or who may develop a medication, or other physical crashes in 2000 relating to a certain medical condition(s) to become lax impairment are also considered. In 1 medical condition of the driver. Further, about their health and take chances year, this figure is nearly five times that the FAA does not have enough piloting a light-sport aircraft. As it does of the NPRM-quoted 7-year period accidents related to medical causes to be with all pilots, the FAA recommends where an airman medical certificate is able to assign a yearly accident rate for that persons holding a sport pilot required in aviation. According to this fatal general aviation accidents. It certificate or rating consult with their organization, ‘‘[t]he FAA’s belief that should be noted, as stated in the NPRM, private physician routinely and the medical standards that permit an that the NTSB will investigate any especially if they have any indication of individual to drive * * * provides an accidents or incidents involving adverse health. The FAA recommends adequate level of safety to operate * * * certificated sport pilots, light-sport routine vision screening. aircraft is not supported. Actually the aircraft, or persons exercising the The FAA acknowledges that the opposite is true in that the numbers privileges of a sport pilot. The FAA process to obtain and maintain an indicate an unreasonable risk to aviation anticipates working closely with the airman medical certificate versus that to safety for any level of piloting.’’ NTSB to analyze light-sport aircraft obtain and maintain a U.S. driver’s license is different and that U.S. driver’s FAA Response to Comments That accidents suspected of being caused by a pilot’s medical condition. license standards vary from state to Opposed the Proposed Medical state. Even though the process for Provisions General Opposing Comments applying for and renewing a U.S. The FAA concurs that, in the case of Opposing commenters also addressed driver’s license varies throughout the some applicants for airman medical the following: United States, U.S. issuing authorities certification, the cost of an airman • The ease with which a U.S. driver’s require applicants to verify some basic medical examination is not cost- license may be obtained in most states. level of health on their various driver’s prohibitive. If the AME directs an • The variation in standards among license applications. Each state requires applicant to undergo further testing the states. an applicant to meet minimum vision beyond a standard physical, however, • The lack of serious medical testing standards. Many authorities require the cost to obtain an airman medical during the application process for a U.S. applicants to reveal any medical certificate can become more expensive. driver’s license. condition(s) that might preclude them Under this action, individuals will have • Inconsistent and inadequate vision from obtaining a U.S. driver’s license in to obtain an airman medical certificate tests. that jurisdiction. If any of these if they do not have or do not want to • The process for obtaining a U.S. applicants affirm having received obtain a U.S. driver’s license. The intent driver’s license differs from that treatment for a medical condition (e.g., of this action, however, is not to involved with obtaining an airman stroke or paralysis, brain disorder, heart recommend a practical fee or to analyze medical certificate and that driver’s disorder, seizures) on an application, a the cost factors for obtaining an airman license medical standards and FAA licensed physician must further medical certificate; it is to assure that, airman medical standards differ. evaluate whether that person should be for sport pilot operations, an applicant • The FAA did not enact its 1995 allowed to drive a motor vehicle. The can meet a basic level of health. The proposal to allow recreational pilots to same is true for an individual who 2001 survey the commenter referenced exercise privileges without an airman applies for an airman medical certificate was a compilation of information medical certificate for many reasons, who indicates that he or she has a obtained from 3,800 individuals over a including safety concerns, and there medical condition. That individual’s 4-year period who filled out a have been no substantial changes in Aviation Medical Examiner (AME) must questionnaire at FAA-sponsored airman need or requirements for safety since further evaluate whether that person medical examiners periodic training that ruling. should be issued an airman medical seminars about their familiarity with FAA response to general opposing certificate. Individuals who are not and use of the Federal Air Surgeon’s comments: The FAA reiterates that the medically fit to operate a motor vehicle Bulletin. It was not specifically a intent of this action is not to reduce should not exercise the privileges of a questionnaire aimed at performing an safety or to encourage those sport pilot certificate. It is true that an analysis of AME fees. experiencing medical problems, individual who holds either a U.S. The FAA does not intend to imply including vision problems, to exercise driver’s license or an airman medical that driving an automobile and piloting any type of sport pilot operation. certificate could choose to operate a an aircraft are exactly similar or that Individuals with medical conditions motor vehicle or conduct sport pilot

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operations when not medically fit to do commenters that it must gain experience it becomes apparent that those so. If sport pilots choose to do so, with sport pilot medical provisions. exercising sport pilot privileges are not however, they are violating not only the exercising reasonable judgment with Commenters’ General Remarks and terms of their U.S. driver’s license or regard to their medical fitness to fly. Questions About Proposed Medical airman medical certificate but also the Question: Is the special issuance of a Provisions long-standing provisions of § 61.53 that medical certificate under § 67.401 pertain to prohibition on operations Some commenters who expressed considered a denial of an application for during medical deficiency. Sport pilots support for the proposal in principle an airman medical certificate? using a driver’s license must also and for the option of a U.S. driver’s Response: No. A pilot who has comply with the provisions of §§ 61.3, license over an airman medical received a special issuance of a medical 61.23, and 61.303. certificate raised the following issues: certificate may also exercise sport pilot The FAA rescinded its 1995 proposal Question: What ‘‘known medical privileges using a U.S. driver’s license, to allow recreational pilots to self- conditions’’ would prevent a person provided he or she is medically fit to evaluate under the provisions of § 61.53 from exercising sport pilot privileges? fly. because it had no experience allowing Response: The FAA has not Remark: The proposed medical recreational pilots, who may pilot more established a list of disqualifying provisions discriminate against the sophisticated and faster aircraft, to fly medical conditions under § 61.53. That following: without FAA airman medical could prevent a person from relying on • Those who live in rural Alaska who certification. Conversely, the FAA has a driver’s license as the sole evidence of do not drive and therefore cannot take had many years of experience allowing medical qualification. If a person advantage of the option of using a pilots of what are considered ultralight chooses to exercise sport pilot privileges driver’s license. vehicles today to fly without medical using an airman medical certificate, the • Those who hold foreign pilot certification and, based on this FAA’s disqualifying medical conditions certificates or foreign driver’s licenses. • experience, believes this rule provides set forth under part 67 apply. The Those who could qualify for a third- an equivalent level of safety for those ability to certify no known medical class airman medical certificate but do being brought into compliance. conditions becomes a matter between not choose or otherwise have the need, Validating this experience is the the pilot and his or her AME. If an desire, or money to have a U.S. driver’s accident data that the FAA has received individual’s most recent application for license. • under the terms of exemptions that have an airman medical certificate has been Those pilots other than sport pilots been granted to operate a two-seat denied after examination by an AME, who are required to hold an FAA ultralight vehicle for training purposes. that person would not be able to use a airman medical certificate. driver’s license as evidence of medical It is not the FAA’s intention to Comments That Favored Extending qualification. discriminate against anyone or to Sport Pilot Medical Provisions to Other If an individual chooses to medically disadvantage those who do not have or Pilots qualify for light-sport aircraft operations cannot obtain a current and valid U.S. Several commenters favored using a current and valid U.S. driver’s driver’s license. This action provides an extending proposed sport pilot medical license, then the restrictions and alternate means of compliance with full provisions to pilots with higher-level limitations listed on the U.S. driver’s FAA airman medical certification for certificates. These commenters license apply, as do those imposed by sport pilot certificate holders only and contended that the same reasoning and judicial or administrative order for the for those who are able to obtain and justification proposed for sport pilots operation of a motor vehicle. The maintain a current and valid U.S. should apply to other pilots, determination as to whether a pilot has driver’s license only. Standards for recreational pilots in particular, who are a medical condition that would make those who wish to maintain higher-level subject to many of the same limitations him or her unable to operate the aircraft pilot certificates and ratings remain such as those on carrying passengers, in a safe manner is the sole unaffected by this action; therefore this use of aircraft not having fixed gear, responsibility of the pilot. The ability to action cannot be considered night flight, and visibility restrictions. It certify no known medical conditions discriminatory against them because is suggested that the FAA review sport that would prohibit the safe operation of operations they would conduct do not pilot data over time to provide for an aircraft is a matter about which a fall within the scope of this action. private pilots to use the sport pilot pilot should consult his or her personal The FAA understands that there may medical provisions that will be adopted physician. be individuals in the United States who under this rule. Those experiencing medical may have difficulty traveling to their According to commenters it has been symptoms that would prevent them licensing entities to acquire a U.S. adequately proven that existing from safely exercising the privileges of driver’s license. The FAA notes that it medicine cannot predict heart attacks or their sport pilot certificate, or that raise may be similarly difficult for some strokes, so elimination of the FAA a reasonable concern, however, cannot individuals to obtain an FAA airman airman medical examination would claim to have no known medical medical certificate. While the FAA have no adverse affect on safety. deficiencies. appreciates that requiring those holding The FAA acknowledges that those a sport pilot certificate or rating to hold FAA Response to Comments That interested only in exercising sport pilot and possess either a current and valid Favored Extending Sport Pilot Medical privileges may not seek airman medical U.S. driver’s license or a valid airman Provisions to Other Pilots certification or may allow their current medical certificate does place a The medical provisions the FAA airman medical certificate to expire. disproportionately higher burden on proposed under this action were This is acceptable under this rule. those individuals who live some proposed for sport pilot operations only. Depending on the FAA’s experience distance from the appropriate The FAA has never considered under this rule, however, it could certification resources, no regulation expanding these provisions nor would it choose to establish a list of disqualifying can have an entirely uniform effect on be within the scope of this action to medical conditions or even revert to all entities subject to its requirements consider doing so. The FAA agrees with requiring airman medical certification if and limitations. The FAA believes that

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these minimum standards are necessary certificate holders would be necessary. aircraft would not meet the weight and that it would not be in the interest While airman medical certification is restrictions laid out in the proposal. of safety to alter them because they may optional for light-sport operations, some FAA Response to Other Suggested place a slightly greater hardship on minimum level of proof of general good Modifications From Commenters certain individuals over others. health is warranted. The FAA Because this rule requires a current determined that the ability to meet the The FAA considered several viable and valid U.S. driver’s license, a foreign medical requirements necessary to alternatives to airman medical driver’s license would not be obtain a U.S. driver’s license would be certification. As discussed in the acceptable. Because of the events of appropriate. proposed rule, the ARAC also proposed September 11, 2001 and ongoing Question: Can deaf individuals obtain many alternatives. The FAA proposed to harmonization efforts, guidance on a sport pilot certificate? allow either airman medical issuing U.S. pilot certificates and Response: Yes. Deaf individuals are certification as currently set forth under airman medical certificates based on eligible to apply for pilot certificates. part 67 or a current and valid U.S. foreign certificates continues to evolve. Deaf individuals interested in piloting driver’s license as a means for holders Current guidance can be found in FAA should consult the FAA Web site at of sport pilot certificates and ratings to Order 8700.1 ‘‘General Aviation http://www2.faa.gov/avr/afs/ meet medical qualifications because it Inspector’s Handbook,’’ chapter 29, deaffaq.htm. wanted to avoid creating a new class of ‘‘Issue of a U.S. Pilot Certificate on the Question: Will flight instructors and airman medical certificate that might Basis of a Foreign-Pilot License.’’ employees of flight schools be required not be viable. The FAA already has an elaborate airman medical certification Remark: Many drivers operate motor to adhere to DOT drug-testing policies? vehicles while taking narcotics and program for higher-rated pilots. If sport Response: For sport pilot operations, tranquilizers even when counseled not pilots do not want to choose airman flight instructors and employees of to do so. Also, individuals who have medical certification then they choose flight schools are not considered been advised by their physician not to to be subject to the medical protocols ‘‘employees who must be tested’’ as drive due to a medical condition may established by U.S. driver’s licensing defined under part 121, appendix I. continue to drive anyway. entities. The FAA wanted a viable, Response: The FAA acknowledges Flight instructors with a sport pilot proven means of certification such as that people may choose to continue to rating acting as pilot in command of a that already established within the FAA drive and even fly against medical light-sport aircraft other than a glider or and among U.S. driver’s licensing advice or while taking certain balloon, however, must adhere to the entities. Creating a new class of airman medications. What is more, some may provisions of existing §§ 61.15, 91.17, medical certificate would involve more not even consult with a private and 91.19 regarding offenses involving comprehensive regulations (e.g., physician about a medical condition or alcohol or drugs. amendments to parts 61, 67, and 183) before taking medication. Unfortunately, Other Suggested Modifications From because it would involve new airman there are those who will take chances Commenters certification rules, new medical and any action the FAA may take would standards, and perhaps new designees not dissuade these individuals. Further, Many commenters provided suggested or an expansion of the role of existing this situation can apply not only to alternatives to the proposed medical designees. It would require a new, drivers and pilots, but to operators of provisions. Among others, these special category of disqualifying suggestions included the following: any kind of transport vehicle, • medical conditions, new forms, new machinery, or equipment. Fortunately, Institute a fourth-class airman certificates, and further paperwork and however, aviation accident statistics medical certificate; • recordkeeping requirements that light- rarely indicate medical factors as Require a third-class airman sport operations do not appear to probable cause. This would seem to medical certificate for those with no, or warrant. Any of these alternatives indicate that, for the most part, pilots do no recent, appreciable flight time; • proposed by commenters, ARAC, or not take chances flying when they know Require a third-class airman considered by the FAA would be they are not medically fit to do so. medical certificate for night flight and difficult to regulate and a burden to Question: Why are the requirements IFR flight; • implement. for operating light-sport aircraft higher Require an eye examination at a While many of these comments for than requirements to operate gliders? local clinic in lieu of a U.S. driver’s alternatives and additions to the Response: Today’s technological license; proposed sport pilot medical provisions • advances in light-sport aircraft call for a Have the option of having an may have merit, the commenters did not set of standards that could no longer be evaluation from a private physician provide cost justification or any detailed served by those set forth for balloons once every 5 years in lieu of a U.S. discussion of how the FAA could and gliders. The FAA is adopting this driver’s license; propose adopting and implementing • rule to increase safety in the light-sport Allow a written medical declaration them. aircraft community by closing gaps in or certificate of good health to replace existing regulations and accommodating the driver’s license for those who do not Editorial Comments on Proposed new advances in technology. Therefore, want to get a U.S. driver’s license or an Medical Provisions requirements for light-sport aircraft and airman medical certificate; One organization recommended that sport pilot certificate holders are • Do not allow by-mail or on-line proposed Section 111 be entitled ‘‘Must necessarily more rigid than those for renewals of a U.S. driver’s license for I hold an airman pilot and medical glider operations. The FAA believes that sport pilot operations; certificate as a Sport Pilot Flight a permanent and appropriate level of • Have a ‘‘grandfather clause’’ to Instructor?’’ rather than ‘‘Must I hold an regulation is necessary. Because the allow pilots, who might lose airman airman medical certificate?’’ It FAA has added more requirements for medical certification but who have a recommended that proposed Section certification and training for light-sport lifetime of flying experience and flying 111 be reworded to bring the aircraft, it also determined that some time, to continue to fly the aircraft they requirement of this regulation in line medical provisions for sport pilot have flown all their lives even if that with the requirements of § 61.183,

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which is to hold a pilot certificate in weight-shift-control aircraft can be certification rules in part 61, and NTSB order to be flight instructor. operated as an experimental powered rules in 14 CFR part 830. After Another commenter suggested that glider, with an endorsement for self- satisfying all of these requirements for a the word ‘‘requirement,’’ used in SFAR launching, without an airman medical pilot certificate, a sport pilot may— No. 89 section 3(b), should be replaced certificate. • Operate an aircraft that meets the with the word ‘‘reasons.’’ According to definition of light-sport aircraft that V.5.A.iii. Flight Training and this commenter, ‘‘requirements’’ is not does not exceed 87 knots V and carry Proficiency Requirements H the correct word because only one passenger ‘‘requirements’’ never prevented anyone As a result of this rulemaking action, • Fly only between sunrise and from speaking, reading, or the new sport pilot certificate has been sunset, below 10,000 feet MSL, with understanding English. Using the word established with training, experience, visual reference to the surface, and ‘‘reasons’’ would allow for consistent and testing requirements commensurate when the visibility is 3 miles or greater usage of the term under current with the privileges and limits associated • Operate in class E and G airspace, regulations. with this certificate level. This pilot but not in class A, B, C, and D airspace certificate will fall between the part 103 where you need to communicate with FAA Response to Editorial Comments regulations that address ultralight pilot ATC, and fly cross-country on Proposed Medical Provisions privileges and those that address the • Not tow any object, not conduct The comments requesting editorial recreational pilot certificate. Two of the sales demonstration rides if an aircraft changes have merit. The FAA adopts key privileges a sport pilot will be salesman, not fly for compensation or medical provisions that more clearly granted are: (1) The ability to operate a hire, or carry a passenger for define requirements for flight simple, non-complex light-sport aircraft, compensation or hire. instructors and that avoid the incorrect defined in § 1.1, that exceed the Additionally, to accommodate the use of the terminology ‘‘medical parameters of an ultralight vehicle; and approach originally proposed by the requirements.’’ The terminology the (2) permission to carry a passenger. ultralight industry, the FAA established FAA uses under existing §§ 61.123, Light-sport aircraft comprise the a building-block approach to permit a 61.153, 61.183, and 61.213 is ‘‘medical following categories of aircraft— sport pilot to obtain additional reasons,’’ which is correct. airplane, gyroplane, glider, balloon, privileges. After meeting the airship, powered parachute, and weight- requirements for a sport pilot certificate, Other Editorial Change shift-control aircraft. the pilot must obtain additional The FAA is changing the words Several commenters wished to see the experience, training, and/or testing to ‘‘current and valid’’ when referring to an minimum number of hours required to receive an endorsement allowing the airman medical certificate to ‘‘valid’’ to obtain a sport pilot certificate raised, pilot to— avoid redundancy. An airman medical while a few commenters wished to see • Operate a new category or class of certificate is ‘‘valid’’ provided it has not the number of hours required lowered. light-sport aircraft expired as set forth under existing The FAA expects that the 20-hour • Operate a make and model of light- § 61.23. Because there are no recency-of- minimum flight time requirement for all sport aircraft within a different set of experience requirements associated aircraft (except gliders, balloons, and aircraft with an airman medical certificate, the powered parachutes) is adequate to train • Operate a light-sport aircraft that word ‘‘current’’ is redundant and a person to exercise the privileges of a exceeds 87 knots VH (but does not therefore not necessary. sport pilot. Sport pilots are limited in exceed 120 knots VH) the types of aircraft they may operate • Operate in Class B, C, and D Future Rulemaking on Private Pilots and the operations they may conduct. airspace and other airspace in which With Weight-Shift-Control or Powered The flight time and flight training are communication with ATC is required. Parachute Ratings minimum requirements that an One commenter suggested that the During the process of drafting the applicant for a sport pilot certificate training and proficiency requirements final rule, the FAA recognized that it must meet and even if satisfied, there be made commensurate with the did not specifically propose medical are several additional checks before a complexity of aircraft on which the eligibility requirements for private sport pilot certificate is issued. training is being given. The FAA pilots with a weight-shift-control or Importantly, the applicant must be believes that the rule does this. All powered parachute rating. This would recommended by an authorized student pilots, regardless of the have inadvertently defaulted these instructor who endorses the applicant’s certificate levels they are seeking, or the pilots to a requirement to hold at least logbook indicating that he or she is complexity of the aircraft, are trained to a third-class airman medical certificate prepared to take and pass the practical safely operate the aircraft in which they to exercise the privileges associated test. The applicant must also have been are receiving training in order to with those ratings. This was not the recommended for and passed a conduct solo operations. The FAA does FAA’s intent. However, because the knowledge test on the general not set a minimum time to meet the solo FAA did not propose and seek public knowledge requirements necessary to requirement, although an endorsement comment on allowing private pilots exercise sport pilot privileges and from an authorized flight instructor and with a weight-shift-control or powered operate a light-sport aircraft in the NAS. continued supervision during solo parachute rating to operate those aircraft Once recommended by the authorized training is required. A student pilot then without holding a third-class airman instructor, the applicant must continues training that is specific to the medical certificate, the FAA must demonstrate to the FAA, or FAA pilot certificate he or she is seeking. initiate future rulemaking action. It designated examiner, that the practical The minimum training required for a should be noted that persons wishing to test standards can be met before the sport certificate will be appropriate for operate weight-shift-control aircraft or certificate is issued. a light-sport aircraft, in the category the powered parachutes while exercising The knowledge and flight training student wishes to fly, and in an aircraft sport pilot privileges, but not private requirements, established for a sport that operates at an airspeed below 87 pilot privileges, may do so under this pilot, requires the ability to comply with knots CAS VH (100 mph). Although, the rule. In addition, under current rules, a the operating rules in part 91, the student does have the option to operate

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a light-sport aircraft that exceeds 87 The FAA also received numerous proposed requirements that were knots VH this will require training comments on the flight training applicable to much faster fixed wing beyond the minimums set forth for a requirements in a powered parachute aircraft. For sport pilots, the sport pilot certificate. How much for sport pilot and private pilot requirement for 2 hours cross-country additional training will depend on the certificates. Most commenters said that flight training is reduced to 1 hour, and complexity of the light-sport aircraft and powered parachute training the solo cross-country flight the skills of the pilot. requirements should parallel the requirements are reduced to require An important factor to remember training requirements for gliders and only one solo flight with a straight-line when comparing the training balloons, as opposed to paralleling the distance of 10 NM between the take off requirements of an ultralight pilot, a training requirements for fixed-wing and landing locations. sport pilot, a recreational pilot, and a aircraft, which was proposed. After The FAA received comments on private pilot is that the rules do gaining operational experience in powered parachute and weight-shift- consider the type of aircraft operated powered parachutes during the control navigational training (category, class, weight, speed, and development of the practical test requirements. In addition to considering complexity), and the operating standards, the FAA agrees, and, those comments, while developing privileges and limitations. Reference the therefore, in the final rule the training practical test standards for these aircraft, charts under ‘‘IV. Comparative Tables’’ requirements for powered parachutes the FAA became more familiar with the for an overview of these factors. are modified to parallel those for gliders characteristics of these aircraft. During Additionally, some commenters and balloons. This change to the final that process, the FAA realized that raised concerns about the minimum rule reflects the need for training in the weight-shift-control aircraft and training requirements for a sport pilot critical takeoff and landing phases of powered parachutes typically navigate who would have the authority to flight, as well as ground handling by dead reckoning, which requires the operate an experimental, primary, or during set-up and after landing. The aid of a magnetic compass, as opposed standard category aircraft that currently powered parachute minimum flight to pilotage, which does not require one. can only be operated by a recreational time and flight training time for sport Most powered parachutes and weight- pilot or higher certificate level. The pilots and private pilots is decreased. shift-control aircraft do not have a FAA believes that pilot training, and For a sport pilot, the decrease is from 20 magnetic compass. This is also the case subsequent privileges and limitations of hours to 12 hours for total flight time, with many of other open-cockpit, slower the pilot certificate, are based on an which must include 10 hours of flight light-sport aircraft such as gyroplanes aircraft’s operating characteristics, training time. Even though the and some fixed-wing aircraft. In the speed, weight, and complexity. They are minimum time requirement is final rule, therefore, the FAA is adding not based on how the aircraft was decreased, the training time must now words such as ‘‘as applicable’’ or ‘‘as manufactured and the type of include an additional requirement for at appropriate’’ to §§ 61.1, 61.93, and airworthiness certificate the aircraft has least 20 takeoffs and landings with an 61.309 when addressing the use of been issued. The FAA believes that any authorized instructor and 10 solo navigation systems. This means that aircraft that meets the definition of a takeoffs and landings to a full stop. For training is required only on the light-sport aircraft can be safely a private pilot, the decrease is from 40 navigation systems appropriate for the operated by a sport pilot with the hours to 25 hours of total time, and from kind of aircraft flown. The practical test required training, testing, and standards will provide specific 20 hours to 10 hours of flight training endorsements. How the aircraft is guidelines for meeting this training time. However, the training time must operated and maintained is dependent requirement. Additionally, the FAA now include at least 30 takeoffs and on the type of airworthiness certificate reviewed the proposed solo cross- landings with an authorized instructor issued. A sport pilot is trained and country flight requirement for persons to a full stop and 20 solo takeoffs and tested to ensure that he or she can make seeking weight-shift-control aircraft landings to a full stop. These revised those determinations. privileges and is revising the proposal to flight times are in excess of what is The FAA received numerous require the flight to include a full-stop required for a glider or balloon pilot at comments recommending that cross- landing at a minimum of two points. the sport pilot and private pilot country distances for weight-shift- This change is also being made to the control aircraft training be decreased to certificate levels. proposed requirements for persons distances similar to those required for In addition, although cross-country seeking airplane and rotorcraft gyroplane training. The FAA proposed and night training is not required for a privileges. It is being made to preclude that the training requirements for glider or balloon rating at the private cross-country flights that include only a weight-shift-control aircraft be identical pilot level, the FAA is requiring this takeoff and landing at the original point to those for powered fixed-wing training at the private pilot level for a of departure. requirements. The commenters pointed powered parachute rating. Night The Administrator’s Safer Skies out that a weight-shift-control aircraft training is not required at the sport pilot Program reviews general aviation have an open fuselage and fly at much level because sport pilots are not accidents and determines new methods slower speeds than fixed-wing aircraft. authorized to fly at night; however, to prevent future accidents. One They stated that speeds of weight-shift- cross country training is required at the program recommendation was that the control aircraft are rarely in excess of 87 sport pilot level with a powered FAA review part 61 for how it addresses knots CAS, which are similar to speeds parachute rating. These additional training and testing pilot judgment. As achieved by gyroplanes. The FAA agrees training requirements for a powered a result of that review, the FAA will that weight-shift-control aircraft have parachute rating are necessary because require sport pilot training that is similar operating speeds to gyroplanes; powered parachutes, unlike gliders and specifically aimed at aeronautical therefore, the FAA is reducing the balloons, are powered aircraft. The decision making and risk management. training requirements for cross-country cross-country requirements were This training will provide a way of distances at the sport pilot and private changed to reflect the significantly evaluating whether a sport pilot pilot certificate levels to reflect the slower speeds of powered parachutes, adequately uses risk management lower operating speeds of these aircraft. generally 30 mph, as opposed to the techniques in conjunction with

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aeronautical decision making. The FAA parachutes. Flight proficiency training a requirement for training in tumble and industry are currently developing requirements are now included in entry and avoidance techniques for new training and certification materials §§ 61.87, 61.107, 61.311, and 61.409. those persons seeking flight instructor to meet these new requirements. However, in the final rule, the privileges in weight-shift-control Accordingly, the FAA is changing requirements for flight proficiency in aircraft. A flight instructor must be references in aeronautical knowledge crosswind takeoffs and landings, meta- knowledgeable about this particular requirements that refer to ‘‘judgment’’ to stable stalls, and partial canopy maneuvering characteristic and have the ‘‘risk management.’’ collapses are removed for the reasons skills to provide proper instruction on Several commenters noted that the cited in the previous paragraph. Those tumble entry and avoidance techniques. FAA proposed to require solo cross- subjects will be covered in the Similarly, proposed § 61.107 country training to obtain a sport pilot aeronautical knowledge sections of the (b)(9)(viii) would have contained a certificate to operate a balloon, but not final rule and addressed in the practical requirement to conduct slow flight in a to obtain other pilot certificates to test standards. powered parachute. During the operate a balloon. The commenters Proposed SFAR No. 89 section 51 development of the practical test noted that this proposed requirement in would have required sport pilots to standards, the FAA determined that the regulatory text conflicted with the receive ground training in stall since powered parachutes only fly no discussion in the preamble. This was an awareness, spin entry, spins, and spin more than 30 mph, this training error in the regulatory language, and recovery techniques (if applicable). It requirement is not applicable for this § 61.313(f) is changed to reflect the also would have required sport pilots category of aircraft. In the final rule, this FAA’s intent that solo cross-country seeking to operate weight-shift-control requirement is removed. This training for balloons is not required. aircraft to receive training in tumble requirement is also removed from There were several commenters who entry, and tumble avoidance techniques. § 61.311. noted that certain proposed flight Proposed section 53 of SFAR No. 89 A few commenters noted that in training and proficiency maneuver would have required a sport pilot to proposed SFAR No. 89 section 55, the requirements would have been receive ground and flight training in FAA did not address the aeronautical inappropriate for training in powered slow flight and stalls, except when experience required for a class privilege parachutes and weight-shift-control seeking privileges in a lighter-than-air for land or sea in the airplane, powered aircraft. The maneuvers the commenters aircraft or a gyroplane. parachute, and weight-shift-control cited for powered parachutes were In the final rule, the FAA is removing aircraft categories. Although the FAA meta-stable stalls and partial canopy the requirement to receive training in did not specifically address collapses. The commenters said that tumble entry and tumble avoidance requirements for land and sea meta-stable stalls are a result of a design techniques for a sport pilot seeking to privileges, the requirements set forth in and rigging issue not a flight training operate a weight-shift-control aircraft. that section applied to both classes of issue. They recommended that meta- The FAA is also removing the aircraft. The FAA is revising the final stable stall avoidance is one of ensuring requirements for both a sport pilot and rule in §§ 61.311 and 61.313(a), (g), and proper rigging of the canopy and should a private pilot seeking to operate a (h) to differentiate between land and sea be addressed during the training powered parachute to receive training in privileges. The final rule requires segments on proper rigging. For weight- slow flight and stalls. In addition, the specific endorsements for the exercise of shift-control aircraft, the commenters FAA is also removing the requirement either set of privileges. cited spins, and tumble entry and for sport pilots seeking to operate a Additionally, the commenters were avoidance techniques. In addition, a few lighter-than-air aircraft to receive not sure if the proposed rule addressed commenters suggested eliminating the training in slow flight. Sport pilots will the requirements for the addition of powered parachute training requirement be required to receive ground training in class privileges. For the addition of class for crosswind takeoffs and landings stall awareness, spin entry, spins, and privileges, refer to § 61.321, which because a powered parachute does not spin recovery techniques. This training requires that the appropriate ground and have rudder or control surfaces, should provide applicants with a flight training specified in §§ 61.309 and and a pilot cannot compensate for general understanding of these 61.311 for the new class of aircraft. This crosswinds on takeoffs and landings. aeronautical knowledge areas and training and recommendation must be Many commenters suggested that the include specific training applicable to accomplished with an authorized rule be revised to either require the category and class of aircraft in instructor with a different authorized recognition and avoidance training for which privileges are sought. instructor completing a proficiency those areas of operation or to eliminate For flight instructors seeking a sport check. those training requirements. The FAA pilot rating, the FAA is revising V.5.A.iv. Make and Model Logbook agrees. While it is crucial that pilots of proposed section 115 of SFAR No. 89 by powered parachutes and weight-shift- not requiring an applicant to receive Endorsements, and Sets Of Aircraft control aircraft be capable of training in slow flight if the person is In proposed section 61 of SFAR No. recognizing and avoiding such seeking to operate a lighter-than-air 89 (now § 61.319), the FAA proposed emergencies, it is not safe for pilots to aircraft or a powered parachute. The that the holder of a sport pilot certificate experience them in training. The FAA is rule also does not require an applicant must have a logbook endorsement from therefore revising the rule as follows. to receive training in stalls if the person an authorized flight instructor for each In SFAR No. 89 sections 33, 53, and is seeking to operate a lighter-than-air category, class, or make or model of 115 and § 61.107, the FAA proposed aircraft, a powered parachute, or a light-sport aircraft that he or she wished flight proficiency training requirements gyroplane. In addition, the final rule to operate. In addition, proposed SFAR for student pilots seeking a sport pilot removes the proposed requirements for No. 89 section 125 (now §§ 61.413 and certificate, sport pilots, private pilots, spin training for those individuals 61.415), stated that a flight instructor and persons seeking a flight instructor seeking flight instructor privileges in with a sport pilot rating could provide certificate with a sport pilot rating in the weight-shift-control aircraft because a training only in a category and class and areas of stalls, meta-stable stalls, and weight-shift-control aircraft does not make and model of light-sport aircraft in partial canopy collapses in powered spin. In the final rule, the FAA is adding which he or she is authorized to provide

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training. These proposed requirements his or her area qualified to offer training pilots to operate any aircraft within that were intended to ensure that any sport on the aircraft he or she wishes to fly. set once an endorsement to operate any pilot flying in, or any flight instructor Most commenters felt that the aircraft within that set has been with a sport pilot rating instructing in, differences between various makes and received. The FAA now believes that it one of the unique light-sport aircraft models of light-sport aircraft were minor is possible to group light-sport aircraft that fall into the broad categories and and generally would not affect the into sets of aircraft, as defined in current classes of aircraft established in § 61.5 ability of a flight instructor with a sport § 61.1. Section 61.1 states that the term would receive additional flight training pilot rating to safely provide training in ‘‘set of aircraft’’ refers to aircraft that that was make-and-model specific. various makes and models of light-sport ‘‘share similar performance The FAA notes that the preamble to aircraft, nor would those minor characteristics, such as similar airspeed the NPRM (under ‘‘Proposed Sections differences affect a sport pilot’s ability and altitude operating envelopes, 59 and 61’’) stated that the FAA would to operate them. Many commenters similar handling characteristics, and the work with industry to develop suggested removing the requirement same number and type of propulsion procedures to allow flight instructors completely for these reasons. systems.’’ This concept of grouping with a sport pilot rating to issue logbook Commenters also suggested the FAA aircraft having similar operating endorsements ‘‘for a particular group of organize light-sport aircraft of similar characteristics, or using sets of aircraft, make and model aircraft having similar performance and handling has been used successfully for many operating characteristics.’’ The agency characteristics into broad groups and years through the National Designated recognized then that grouping aircraft allow flight instructors with a sport Pilot Examiner Registry (NDPER) having similar performance and pilot rating to receive logbook program for training and checking pilots operating characteristics could reduce endorsements within each group, rather operating warbirds and other vintage the administrative burden of obtaining than obtain one endorsement for each aircraft. logbook endorsements for all make and make and model of aircraft. Most A working group of FAA and industry models of aircraft. The agency asked for commenters felt this modification representatives, including pilots, flight comments, both in the NPRM and in the would reduce the cost to flight instructors and manufacturers, will be on-line public forum, on whether make instructors with a sport pilot rating, established to develop standards for and model endorsements for sport pilots consequently reducing the cost passed defining and establishing sets of aircraft. would be in the public interest. to sport pilots and student pilots Sets of light-sport aircraft will be seeking a sport pilot certificate. established according to the definition Nearly all of the numerous comments An industry organization suggested of ‘‘set of aircraft’’ in § 61.1 and made addressing this issue criticized the make that it would be reasonable to allow for available to the public. The parameters and model endorsement requirement as the operation of an additional make and to establish sets of aircraft will be overly burdensome and unnecessary. model of light-sport aircraft if the sport referenced in the advisory material, and Several commenters noted the particular pilot became familiar with the operating a list of aircraft that meet the parameters burden the endorsement requirement limitations, emergency procedures, for a specific set of aircraft will be would place on flight instructors with a operating speeds, and weight and available on the FAA’s website. All sport pilot rating, who would be balance for the particular make and experimental, primary, and standard required to obtain a logbook model of aircraft. Additionally, the sport endorsement for every make and model pilot would be required to perform the category light-sport aircraft will be of light-sport aircraft they wished to use following flight operations prior to grouped into sets. In addition, newly for training. Many commenters noted carrying a passenger, accomplishing a manufactured light-sport aircraft will be that this proposed requirement might cross-country flight, or operating solo in required to have ‘‘flight training have the unintended effect of Class B or C airspace—take-offs and supplements’’ to identify the sets of discouraging a current ultralight landings (minimum of 3 to a full stop), aircraft to which they belong. As a instructor from becoming a flight power-off stalls (as appropriate), and 1 member of the working group, the FAA instructor with a sport pilot rating hour of pilot-in-command flight time. will recommend that sets of aircraft because that instructor would be The sport pilot would then endorse his include experimental aircraft with required to obtain specific training for or her logbook specifying that these modifications and single-seat aircraft. each aircraft on which he or she wished actions had been completed. The The FAA is revising the rule (under to provide training. Many commenters endorsement would permit the sport §§ 61.319 and 61.323) to require that, also noted that, in some remote areas of pilot to operate that make and model of before conducting flight operations, the the United States, obtaining training for aircraft. holder of a sport pilot certificate— a specific make and model of light-sport After reviewing the comments and • Must receive training from an aircraft might require a prospective gaining a better understanding of the authorized instructor in a make and flight instructor with a sport pilot rating technical similarities between certain model of light-sport aircraft that is in to some distance and incur makes and models of light-sport aircraft, the same set as the aircraft in which the relatively high expenses to gain an the FAA agrees that the proposed rule pilot intends to conduct flight endorsement. This could make qualified could have been administratively and operations. instructors hard to find and economically burdensome. Although • Must record a make and model consequently make their services more the FAA does not believe the logbook endorsement from an expensive, the commenters said. The requirements should be completely authorized instructor for the make and commenters also pointed out that, if a eliminated, the FAA is changing the model of light-sport aircraft in which flight instructor with a sport pilot rating final rule as discussed below. flight privileges are desired. had difficulty obtaining the appropriate The FAA now recognizes that • May operate any additional make logbook endorsement to train on a grouping makes and models of light- and model of light-sport aircraft within specific make or model of light-sport sport aircraft that have very similar a set of light-sport aircraft under a single aircraft, a student pilot seeking a sport performance and operating make and model logbook endorsement pilot certificate or a sport pilot might characteristics as a set of aircraft would issued by an authorized flight have difficulty finding an instructor in be an effective means to permit sport instructor.

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Under the final rule (under § 61.415), flight instructor with a sport pilot rating this could pose difficulty for air traffic the FAA is not requiring an additional must log at least 5 hours of flight time controllers and present a potentially make and model endorsement for a in a make and model of light-sport dangerous situation. A few commenters, flight instructor with a sport pilot rating. aircraft within the same set of aircraft in including the NTSB, expressed concern The FAA recognizes that such a which flight-training operations are to that training requirements for sport requirement would be superfluous. be conducted. pilots may not be sufficient to permit Also, as discussed in the following Although the final rule does not sport pilots to operate in the same paragraph, if a flight instructor with a require endorsements for each airspace as transport category aircraft. sport pilot rating holds a higher pilot individual make and model flown The FAA also received comments certificate, a make and model within a set of aircraft, the FAA expressing concern over the lack of endorsement is not required under the believes, and will recommend through experience of sport pilots operating final rule. advisory material, that all pilots and light-sport aircraft in Class B, C, or D The FAA received several comments flight instructors should consider a airspace, or at major airports located in from individuals and industry familiarization flight in each light-sport Class B airspace, as listed in 14 CFR part organizations that stated that the FAA aircraft in which flight operations will 91, appendix D, section 4. The should reconsider the proposed be conducted. Guidelines for the commenters said that this would pose a requirement that the holder of a familiarization flights will be burden on other pilots in those classes recreational pilot certificate or higher established in the standards for the of airspace and for ATC facilities. who is exercising sport pilot privileges aircraft training supplement and in The FAA has considered these be required to receive flight training and advisory material provided by the FAA. comments and maintains the position it a make and model logbook endorsement Make and model familiarization training took in the NPRM regarding operations from an authorized instructor before should address the aircraft’s in Class B, C, and D airspace. See the being permitted to fly a specific make performance envelope, preflight, cockpit discussions of proposed SFAR No. 89 and model light-sport aircraft. The FAA orientation, use of flaps, takeoff, climb, sections 37, 81, 121, and 135, and recognizes that the holder of a cruise, required maneuvers, slow flight, § 61.101 in the preamble to the NPRM. recreational pilot certificate or higher stalls, approach, landing, aircraft However, the FAA agrees with the pilot certificate with the applicable operating instructions, and aircraft flight commenters who felt that some airspace rating has received more training than a training supplement. is too busy and congested, not only for sport pilot, which in most cases was in sport pilots, but also for recreational V.5.A.v. Changes to Airspace more complex and larger aircraft. pilots, and has reconsidered sport pilot Restrictions Therefore, the FAA is revising the final and recreational pilot operations at the rule under § 61.303 to establish that the As described in the proposed rule, major airports located in Class B holder of a recreational pilot certificate with additional training, a sport pilot airspace, as listed in 14 CFR part 91, or higher is not required to obtain a may operate in Class B, C, or D airspace appendix D, section 4. The FAA is make and model logbook endorsement with a U.S. driver’s license or an airman changing § 91.131(b)(2) to provide that, from an authorized instructor to operate medical certificate. Currently ultralight like all student pilots, a sport pilot or a a light-sport aircraft while exercising the pilots operating under part 103 are recreational pilot is not authorized to privileges of a sport pilot certificate. permitted to operate within Class B, C, take off or land at the major airports Several commenters said it would be or D airspace with prior air traffic located in Class B airspace, as listed in burdensome to require a flight instructor control authorization. They may not, 14 CFR part 91, appendix D, section 4. with a sport pilot rating to have at least however, operate over any congested It should also be noted that sport pilots 5 hours of required pilot-in-command area of a city, town, or settlement. and recreational pilots are prohibited time in each make and model of light- Ultralight pilots have had the authority from operations in Class B, C, and D sport aircraft in which he or she is to operate any type of ultralight vehicle airspace unless they have received the authorized to provide flight training. (i.e., fixed wing, powered parachute, required training and an endorsement, This was proposed in SFAR No. 89 weight-shift-control) in Class B, C, and in accordance with §§ 61.325 and section 135(c). After gathering D airspace without an airman medical 61.101(d). Those sections establish additional technical information and certificate for approximately 20 years. equivalent training requirements to considering the comments, the FAA still Additionally, the FAA has allowed those that a private pilot must receive believes that flight instructors with a balloon and glider pilots to operate in for operating in those classes of sport pilot rating must become familiar this airspace without an airman medical airspace. Furthermore, a sport pilot may with the light-sport aircraft on which certificate since 1945. In consideration not fly above 10,000 feet, at night, or they intend to provide training and of a sport pilot’s limited privileges when flight or surface visibility is less must have at least 5 hours of flight time within this airspace, and after analyzing than 3 statute miles. Basic VFR weather in the make and model of aircraft within relevant accident data, the FAA has minimums specified in § 91.155 also a set of aircraft. The ability to satisfy the determined that, as proposed in the apply to sport pilots. A private pilot, make and model requirement within the NPRM, it is appropriate to allow sport however, has more privileges than a set of aircraft provisions discussed pilots to operate in Class B, C, and D sport pilot in airspace that transport above partially relieves the burden. airspace with a U.S. driver’s license or category aircraft operate in. Specifically Additionally, the FAA no longer an airman medical certificate. For a private pilot is authorized to land at believes it necessary for a flight further discussion on medical the major airports located in Class B instructor to receive this training from provisions, see ‘‘V.5.A.ii. Medical airspace, as listed in 14 CFR part 91, another flight instructor. The final rule Provisions.’’ appendix D, section 4, and a private is changed to provide the level of safety Some commenters, including the pilot may operate in Class A, B, C, D, intended under the proposed rule and to NTSB, expressed concern about the E, and G airspace without any reduce the administrative burden and slower light-sport aircraft operating in additional training. possibly the economic burden. In the close proximity to faster general The FAA notes that, in the final rule final rule (§ 61.415(e)), before aviation and commercial aircraft in under § 61.89, the FAA defines the conducting flight-training operations, a Class B, C, and D airspace, and said that limitations for a student pilot seeking a

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sport pilot certificate. The rule provides and G airspace that have an operational was proposed for operations up to 2,000 that a student pilot seeking a sport pilot control tower. Pilots operating in feet AGL, if higher, is removed. The certificate is prohibited from operations airspace and at airports with operational FAA is making this revision for the in Class B, C and D airspace; at an control towers must receive training and following reasons. airport located in Class B, C, or D have appropriate equipment. Therefore, First, operations above 10,000 feet airspace; and to, from, through, or on an in the final rule, §§ 61.94, 61.101(d), and MSL require that a pilot have skills and airport having an operational control 61.325 address not only how student training on oxygen requirements and tower. Therefore, he or she is not pilots seeking a sport pilot and medical factors, reduced aircraft required to receive training on recreational pilot certificate and sport performance, and the other risks procedures for operations in these pilots and recreational pilots, associated with operations at higher classes of airspace. If, however, he or respectively, obtain privileges to operate altitudes. The minimum training that a she wishes to operate in Class B, C, or a light-sport aircraft at airports within, sport pilot receives does not encompass D airspace; at an airport located in Class or in airspace within, Class B, C, and D these additional training requirements. B, C, or D airspace; or to, from, through, airspace, but also at other airspace with Second, given that the aircraft that or on an airport having an operational an airport having an operational control typically operate above 10,000 feet MSL control tower, under § 61.94, that tower. The headings of those sections are often much larger than light-sport student pilot seeking a sport pilot are revised, and within the regulatory aircraft and usually cruise at certificate is required to receive airspace text the words ‘‘* * * and to, from, considerably higher speeds, the FAA is and airport-specific training and an through, or at an airport having an concerned about permitting light-sport endorsement. operational control tower’’ are added. In aircraft to operate at the same altitudes A recreational pilot is prohibited from addition, § 61.425 includes parallel as these aircraft. operations in Class B, C and D airspace; language to describe endorsement Third, light-sport aircraft typically do at an airport located in Class B, C, or D records that must be kept by flight not have position or anticollision lights airspace; and to, from, through, or on an instructors with a sport pilot rating. to help other pilots see and avoid these airport having an operational control For further discussion of equipment aircraft, which would be beneficial at tower, unless he or she wishes to required for operating light-sport aircraft higher speeds. receive the additional training specified in these classes of airspace, see ‘‘V.7.A. Lastly, there are still many areas in in § 61.101(d). Therefore, a student pilot Part 91—General Issues’’ below. the United States where operations seeking a recreational pilot certificate is above 10,000 feet MSL do not require V.5.A.vi. Changes to Altitude prohibited from operating in this communication with ATC or the Limitations airspace unless receiving the additional equipment required to be easily training specified under § 61.94. Proposed section 73(b)(6) of SFAR No. identified on by ATC, such as The FAA is also modifying § 61.95 to 89 (now § 61.315(c)(11)) would have transponders. Most light-sport aircraft exclude a student pilot seeking a sport restricted the operation of a light-sport do not have transponders or the pilot or recreational pilot certificate aircraft to altitudes of no more than capability to conduct radio from the requirements of this rule 10,000 feet above MSL or 2,000 feet communications, reducing their ability because new § 61.94 will apply to above ground level (AGL), whichever is to coordinate their operations with ATC persons. Section 61.94 parallels the higher. The FAA received several and be easily identified to ensure requirements of § 61.95, although it is comments on this proposed restriction, collision avoidance. more restrictive. The required training and nearly all of them opposed it. Most Several commenters disagreed with in § 61.94 encompasses training on stated that allowing pilots to fly at the limit of 2,000 feet AGL, arguing that Class B, C, D airspace and airport- higher altitudes would enhance safety. most pilots would prefer, in the interest specific training, as opposed to the Several commenters noted that higher of safety, to clear mountains by more training requirements in § 61.95 that is altitudes permit safer stall and spin than 2,000 feet AGL. The FAA agrees limited to only Class B airspace and recovery training because of the with these commenters in that there airport-specific training and the increased margin for error. One could be circumstances in which a sport required endorsement. commenter specifically noted that pilot would need more than 2,000 feet In the proposed rule, the FAA would visibility is often better above 10,000 AGL to safely clear a mountain. have prohibited a sport pilot from feet MSL, which enhances safety. However, as discussed above regarding operating in Class B, C, and D airspace Another commenter offered a similar training and equipment required for without additional training and an observation, noting that pilots often high-altitude operations, the FAA does endorsement, and would have revised choose to fly at higher altitudes to avoid not believe it is necessary to permit the rule for the recreational pilot to flying through dangerous weather operations above 10,000 feet MSL solely parallel the new sport pilot rule systems. Many commenters also noted for the purpose of crossing mountainous language. Currently, recreational pilots that glider pilots often need to fly at terrain. The pilot must determine are prohibited from operating in altitudes greater than 10,000 feet MSL to whether it is safe to clear mountainous airspace that requires communication take full advantage of areas of rising terrain and remain below 10,000 feet with ATC. warm air, called thermals, which help to MSL. The FAA intended the proposed keep gliders aloft. The FAA is revising § 61.311(c), and language to prohibit sport pilots and The FAA does not believe that these limiting sport pilot operations at all recreational pilots without appropriate commenters provided valid justification times to below 10,000 feet MSL. The ground and flight training from for amending the rule. After considering FAA believes that this revision will conducting light-sport aircraft these comments and other comments simplify the altitude restrictions and operations in airspace that has an expressing concern about sport pilots increase the level of safety. operational control tower. Upon further operating in congested, high-altitude The FAA maintains that any pilot review, the FAA realized that this airspace, the FAA has revised who wishes to exercise the privilege of would not have prohibited operations as § 61.315(c)(11) to be more restrictive. operating above 10,000 feet MSL must described in §§ 91.126(d) and 91.127(e), The rule now prohibits operations above gain the necessary experience and which prohibit operations in Class E 10,000 feet MSL, and the latitude that receive the additional training required

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for at least a private pilot certificate, or, importance of ensuring that flight country flights in open cockpit in limited cases, a recreational pilot instructors with a sport pilot rating have experimental aircraft. certificate. the ability to instruct in light-sport Many individuals presented such gyroplanes. FAA and industry analysis reasoning in their comments, arguing V.5.G.vii. Gyroplanes and data supports the conclusion that a that, given the existing obstacles to an Most gyroplanes historically have not lack of training, flight experience, and individual obtaining gyroplane flight been designed and manufactured to a flight proficiency account for about half instruction, the FAA should avoid specific regulatory standard. These of all gyroplane accidents. Lack of exacerbating the problem and allow aircraft are typically issued proficiency or poor judgment under light-sport gyroplanes to obtain special experimental certificates, which which a pilot flies a gyroplane beyond airworthiness certificates under this prohibit them from being used to the aircraft’s or the pilot’s own safe rule. These commenters stated that, conduct flight training operations for limits are often factors in many without the availability of special light- compensation or hire. Under the gyroplane accidents. sport gyroplanes, or the ability of existing regulations, gyroplanes can be The FAA acknowledges that the gyroplane instructors to use existing issued a standard category or primary gyroplane training infrastructure is less two-place gyroplanes to conduct category airworthiness certificate, which developed than other traditional aircraft training for compensation or hire, a will permit such use; however, very few training networks, owing in part to significant percentage of gyroplane manufacturers have chosen this historical and cultural influences within instructors (currently ultralight flight certification path. Today most of the the gyroplane community, the scarcity instructors) will not be able to continue gyroplanes that fit under the definition of training aircraft, gyroplane instructors instructing. of a light-sport aircraft are certificated as and DPEs, the lack of gyroplane Based on these concerns, the experimental amateur-built aircraft or knowledge training resources, and even gyroplane industry identified numerous are being operated under part 103. to a widespread inconsistent and often general training issues it felt should be Those gyroplanes that exceed the limits inadequate understanding and addressed in the final rule regarding of part 103 will need to be certificated appreciation of gyroplane control and light-sport gyroplane aircraft. Many of as experimental light-sport aircraft to stability issues, by both instructors and the comments addressed have been continue operating under this rule. pilots and the general aviation considered for all categories of aircraft The FAA has issued exemptions to community. These factors, coupled with and discussed elsewhere in this permit gyroplanes without standard an inappropriate reliance on the use of preamble. Specific gyroplane-only category airworthiness certificates to be fixed-wing training methodologies by issues included: operated for compensation or hire while students and instructors, sometimes • Removal of the mandatory conducting flight training. The three leave less experienced pilots unaware of requirement for night training at all FAA-recognized ultralight the limits of a particular gyroplane. This pilot certificate levels and the addition organizations, the Experimental Aircraft lack of consistent, comprehensive, and of a limitation on the pilot certificate; Association (EAA), Aero Sports gyroplane-specific training often leaves • Elimination of the requirement that Connection (ASC), and the United new gyroplane pilots unaware of their a single-place ultralight gyroplane pilot States Ultralight Association (USUA) aircraft’s handling characteristics, and take a check ride in a two-place light- hold exemptions that permit its ill-prepared to make sound flight sport aircraft; members to conduct flight training in a decisions, particularly when they • Extension of the training two-place ultralight-like gyroplane, and encounter the limits of the aircraft flight exemptions or issuance of Letters of the Popular Rotorcraft Association envelope. Deviation Authority for an indefinite (PRA) holds an exemption for The FAA notes that there are a total period if gyroplanes can not be gyroplanes issued an experimental of approximately 35 gyroplane certificated under § 21.186 (now amateur-built certificate. instructors throughout the U.S. who are § 21.190); The FAA received numerous either certificated by the FAA or who • Review of current exemptions and comments, including comments from an are operating under a part 103 training practical test standards to incorporate industry association, regarding the exemption. Many of these instructors more stringent training requirements inclusion of gyroplanes and helicopters provide training only part-time. Further, that flight instructors understand pitch in the proposed rule. The comments those gyroplanes used for training and stability, and recognize departure reflected two general areas of concern. possess flight handling and stability from controlled flight and apply A primary concern was whether characteristics that are often very appropriate recovery techniques. gyroplanes would be manufactured different from the characteristics of the With regard to the gyroplane under a consensus standard and issued small, single-place gyroplanes into industry’s request for revisions to the special airworthiness certificates, which a student pilot might later training requirements, the FAA is permitting these aircraft to conduct transition. Additionally, the scarcity of making changes to the rule, not only for training operations for compensation or both instructors and qualified FAA sport pilots and flight instructors with a hire. Commenters expressed the need aviation safety inspectors and DPEs sport pilot rating, but also for for appropriate training aircraft to be provide further discouragement for an recreational pilots and private pilots available for gyroplane flight individual attempting to undertake flying gyroplanes. instruction. The ability to manufacture training for a gyroplane rating. All of The new two-place experimental a gyroplane under a consensus standard these impediments to an individual light-sport gyroplanes certificated under would provide new training aircraft that becoming a gyroplane pilot are § 21.191(i)(1), consisting of the existing meet a design standard. compounded by existing night and night fleet of two-place ultralight-like Secondly, many expressed significant cross-country training requirements, gyroplanes, will be permitted to be used concern about the lack of pilot training which most gyroplane training aircraft for training for compensation or hire for and the lack of qualified flight are not equipped to accomplish. a 5-year period, similar to all other instructors available for gyroplanes. The Further, many gyroplane instructors are categories of light-sport aircraft. gyroplane industry submitted comments often not willing to endure the risk and Experimental light-sport gyroplanes, as requesting that the FAA consider the difficulty of conducting night cross- well as any experimental amateur-built

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light-sport gyroplanes, will be are typically addressed by the modified the automated procedure, authorized to be operated by a sport underlying pilot certificate. through Integrated Airman Certificate pilot to carry a passenger and to receive Additionally, § 61.101(d)(12) currently and/or Rating Application (IACARA), flight training. If the gyroplane industry states that a recreational pilot is for completing FAA Form 8710–11. develops an industry consensus prohibited from demonstrating an Pursuant to § 61.423, FAA Form standard through the ASTM process (as aircraft in flight to a prospective buyer. 8710–11 must be signed by the discussed under § 21.190), the FAA can The FAA maintains that aircraft recommending instructor. The applicant examine the safety performance of salespersons must hold at least a private must present this form to the authorized gyroplanes that are built according to pilot certificate to demonstrate an instructor conducting the proficiency that standard. If there are positive safety aircraft in flight to a perspective buyer. check. In accordance with § 61.423, the benefits for gyroplanes built to the With the addition of ratings at the authorized instructor conducting the consensus standard, the FAA may private pilot certificate level for weight- proficiency check must complete, sign consider future rulemaking that would shift-control aircraft and powered and submit FAA Form 8710–11 within permit gyroplanes built to the consensus parachutes, the regulations will now 10 days to the FAA upon satisfactory standard to receive a special light-sport permit appropriately rated private pilots completion of the proficiency check. aircraft airworthiness certificate under who are aircraft salespersons to The authorized instructor must retain a § 21.190 and also allow light-sport kit- demonstrate these categories of aircraft copy of the form and retain it for three built manufactured to a consensus in flight to prospective buyers. years in accordance with the standard to receive an experimental The FAA maintains that, for sales recordkeeping requirements of § 61.423. light-sport aircraft certificate under demonstrations that are not conducted by an aircraft salesperson, a sport pilot V.5.B. Part 61—Section-by-Section § 21.191(i)(2). The FAA may favorably Discussion consider petitions for exemption to or a recreational pilot can conduct this allow flight training in an aircraft built activity. Therefore, to ensure that Section 61.1 Applicability and to this standard to gain operational data recreational pilots have at least the same Definitions to support future rulemaking. privileges as sport pilots, the FAA is The FAA received comments on the If the gyroplane industry is unable to revising § 61.101(d)(12) to allow a definition of ‘‘cross-country’’ in agree on a consensus standard, the FAA recreational pilot to conduct sales § 61.1(b)(3). They also commented on will decide at that time whether to demonstration flights as long as the the provisions for pilotage, dead favorably consider petitions for pilot is not acting as an aircraft reckoning, electronic navigation aids, exemption to allow training in salesperson. radio aids, and other navigation experimental light-sport gyroplanes for systems, which were not revised under V.5.A.ix. Category and Class Discussion: the proposal. Commenters pointed out compensation or hire or alternative FAA Form 8710–11 Submission arrangements. In addition, the FAA will that the regulation would require need to evaluate the safety of continuing After further consideration of the training on each of these navigation the current exemption issued to the NPRM, the FAA is adding a requirement techniques and systems. The Popular Rotorcraft Association to to § 61.321 (proposed as SFAR No. 89 commenters said that training on each conduct training for compensation or section 63) to require that the holder of of these requirements could not be hire in experimental gyroplanes. a sport pilot certificate seeking to accomplished for weight-shift-control operate in an additional category or aircraft and powered parachutes. After V.5.A.viii. Demonstration of Aircraft to class of light-sport aircraft complete an considering the comments and Prospective Buyers application for those privileges on a becoming more familiar with powered Commenters suggested that the FAA form and in a manner acceptable to the parachute and weight-shift-control consider allowing aircraft salespersons FAA. The FAA expects that FAA Form aircraft during the development of the who are sport pilots, flight instructors 8710–11, Sport Pilot Certificate and/or practical test standards, the FAA with a sport pilot rating, or recreational Rating Application, will be used for this recognizes that training on each of these pilots to demonstrate aircraft in flight to process. Since the sport pilot certificate navigation techniques and systems prospective buyers after meeting does not list category and class should be required when appropriate. experience requirements similar to privileges, this form will be used to Most of these aircraft do not have any those for a private pilot under provide a record of the completed electronic navigation equipment or § 61.113(f). The commenters also proficiency check and will provide a radio aids and are not required to requested the FAA consider allowing a record available to the FAA and the demonstrate this for the issuance of a recreational pilot who is not an aircraft NTSB when conducting accident and sport pilot certificate. Therefore, the salesperson to demonstrate a light-sport incident investigations or enforcement FAA is changing the final rule to add aircraft to a prospective buyer because actions. Also it can provide a method the words, ‘‘as applicable’’ paragraph a similar privilege was proposed for for an airman to reconstruct a lost (b)(3)(iii)(B) and (iv)(B). This is also sport pilots. logbook, document endorsements that discussed above under ‘‘V.5.A.iii. Flight In section 75 of SFAR 89 (now establish additional category and class Training and Proficiency § 61.315(c)(9)), the FAA proposed that a privileges, or establish proof of required Requirements.’’ sport pilot who is not an aircraft endorsements for insurance purposes. The FAA also is adding a definition salesperson would be permitted to This requirement will also provide a of ‘‘student pilot seeking a sport pilot demonstrate a light-sport aircraft in method to gather additional data. certificate’’ to § 61.1. This definition is flight to a prospective buyer. The Although this will require that added to differentiate these student proposal, however, would not have additional paperwork be completed by pilots from other student pilots. The allowed a sport pilot who is an aircraft airmen and authorized instructors, the definition specifies that a student pilot salesperson to demonstrate a light-sport FAA believes that the requirement is seeking a sport pilot certificate either aircraft in flight to a prospective buyer. necessary, considering the previously receives an endorsement from a The FAA did not propose this privilege discussed benefits to the public and the certificated flight instructor with a sport for a flight instructor with a sport pilot government. To facilitate compliance pilot rating or an endorsement from a rating because these types of privileges with this requirement, the FAA has certificated flight instructor with other

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than a sport pilot rating, which includes paragraph is further amended to require operations existed. The FAA is now a limitation for the operation of a light- that persons using a current and valid aware that design innovation and new sport aircraft as specified § 61.89(c). See U.S. driver’s license meet certain use of existing technologies has allowed discussion of § 61.89(c) below. requirements. If a person has applied for manufactures to design a powered an airman medical certificate, that parachute with an wing that is Changes person must have been found eligible suitable for water operations. Therefore, The proposed amendments to § 61.1 for the issuance of at least a third-class the FAA is establishing both powered are adopted with formatting and airman medical certificate at the time of parachute-land and powered parachute- wording changes for improved his or her most recent application. If a sea class ratings in § 61.5. readability. In addition, the following person has been issued an airman Several commenters suggested adding changes are made. medical certificate, his or her most additional categories of aircraft to this The proposed amendment to recently issued airman medical section. All of these suggestions were to paragraph (b)(2)(iii) is not adopted in certificate must not have been add ultralight vehicles that the FAA has the final rule. As proposed, the suspended or revoked. If a person has stated will remain under part 103. Some amendment would have added a been granted an Authorization, that examples are paramotors, paragliders, reference to SFAR No. 89, the Authorization must not have been and unpowered foot-launched provisions of which are now withdrawn. Further, a person must not parachute aircraft. The FAA has been incorporated into part 61. Since existing know or have reason to know of any working closely with the ultralight § 61.1(b)(2)(iii) already contains a medical condition that would make him industry to establish common reference to part 61, the amendment is or her unable to operate a light-sport definitions and common industry no longer necessary. aircraft in a safe manner. standards for these vehicles. Additional In the final rule, paragraph (b)(3)(ii) Proposed SFAR No. 89 section 111 set categories and classes of aircraft may be introductory text is revised to add the forth medical provisions for flight addressed in future rulemaking. Existing words ‘‘(except for a powered parachute instructors with a sport pilot rating. The exemptions for tandem ultralight category rating)’’ after the words ‘‘for a provisions of current § 61.3(c)(2)(ii) training vehicles under part 103 may private pilot certificate.’’ This revision through (c)(2)(iv) address these flight also be revised to address these new is made because the definition of cross- instructors, and a rule change to categories and classes of aircraft. See the country time in paragraph (b)(3)(iv) incorporate proposed section 111 is not discussion under ‘‘III.5.A. Comments on addresses persons seeking a private therefore required. Ultralight Vehicles’’ and ‘‘III.5.B. Future See the discussion under ‘‘V.5.A.ii. pilot certificate with a powered Rulemaking on Ultralight Vehicles.’’ parachute category rating. Medical Provisions.’’ In addition, Proposed paragraphs (b)(3)(iii)(A) and § 61.23, which describes what a person Several other commenters requested (b)(3)(iv)(A) have been included in the needs to satisfy medical eligibility that the FAA consider commercial pilot introductory language of (b)(3)(iii) and requirements, is discussed below. certificates with category ratings for (b)(3)(iv) respectively. Proposed powered parachutes and weight-shift- Changes paragraphs (b)(3)(iii)(B) and (b)(3)(iv)(B) control aircraft. They thought that this are therefore adopted as (b)(3)(iii)(A) The medical provisions proposed in level of pilot certification would be and (b)(3)(iv)(A) respectively. SFAR No. 89 sections 15 and 111 are required when the FAA was ready to Proposed paragraphs (b)(3)(iii)(C) and transferred to § 61.3(c)(2) with the consider some limited commercial (b)(3)(iv)(C) are adopted as (b)(3)(iii)(B) following change. New language is operations for these new categories of and (b)(3)(iv)(B) respectively, and each added to provide that persons may not aircraft. The commenters pointed out is amended by adding the words ‘‘as use a current and valid U.S. driver’s that powered parachutes and weight- applicable.’’ license as evidence of medical shift-control aircraft are ideal for Paragraph (b)(15) is added to define qualification if his or her most recent sightseeing, crop dusting, pipeline and the term ‘‘student pilot seeking a sport application for an airman medical powerline patrols, , pilot certificate.’’ certificate has been denied based on and traffic reporting. The FAA agrees being found not eligible for the issuance that limited types of commercial Section 61.3 Requirements for of at least a third-class airman medical operations may need to be considered in Certificates, Ratings, and Authorizations certificate, his or her most recently the future. If there is a need to require (Proposed as SFAR No. 89 Sections 15 issued airman medical certificate has a commercial pilot certificate for those and 111) been suspended or revoked, or his or types of operations, the FAA may The FAA received numerous her most recent Authorization has been initiate rulemaking for that purpose. comments on the topic of medical withdrawn. Further, that person must However, the FAA is not adding provisions. For a complete discussion of not know or have reason to know of any training and certification requirements the comments and the FAA’s responses, medical condition that would make him that will permit a person to add a see ‘‘V.5.A.ii. Medical Provisions.’’ or her unable to operate a light-sport powered parachute or weight-shift- In the final rule, the provisions of aircraft in a safe manner. control category rating to a commercial proposed SFAR No. 89 sections 15 and or transport pilot (ATP) 111 are found in §§ 61.3(c)(2) and Section 61.5 Certificates and Ratings certificate. 61.23(a), (b), and (c). Current Issued Under This Part Changes §§ 61.3(c)(2) excepts persons from Several commenters noted that the having to meet the airman medical proposed rule made no provisions for a In § 61.5, new paragraphs (b)(6)(i) and certificate requirements of the section in powered parachute-sea . The (ii) are added to include class ratings for certain circumstances. That paragraph is FAA assumed that it was only necessary powered parachute land and powered amended in the final rule to include the to establish a powered parachute parachute sea, respectively. medical provisions found in proposed category rating and not establish In the final rule also corrects a SFAR No. 89 section 15 for student separate land and sea class ratings typographical error in the body of the pilots seeking a sport pilot certificate because the FAA was not aware that a rule text. The paragraph designated ‘‘(i) and for sport pilots. In addition, the powered parachute capable of water * * * (5) Sport pilot rating’’ should

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have read ‘‘(c) * * * (5) Sport pilot In addition, language is added to and class privilege when operating an rating.’’ paragraph (c)(2) to provide that persons experimental light-sport aircraft may not use a current and valid U.S. regardless of whether he or she is Section 61.23 Medical Certificates: driver’s license as evidence of medical carrying a passenger. The FAA agrees Requirement and Duration (Proposed as qualification if his or her most recent with these comments and proposed that SFAR No. 89 Sections 15, 35, and 111) application for an airman medical a sport pilot, regardless of whether he or The FAA received numerous certificate has been denied based on she is carrying a passenger, must hold comments on the topic of medical being found not eligible for the issuance a specific category and class privilege provisions. For a complete discussion of of at least a third-class airman medical prior to operating any light-sport the comments and the FAA’s responses, certificate, his or her most recently aircraft. If a sport pilot wishes to see ‘‘V.5.A.ii. Medical Provisions.’’ issued airman medical certificate has exercise category and class privileges in As noted above, in the final rule, the been suspended or revoked, or his or an aircraft with an experimental provisions of proposed SFAR No. 89 her most recent Authorization has been certificate, for which a category or class sections 15 and 111 are found in withdrawn. Further, that person must has not been established, the FAA will §§ 61.3(c)(2) and 61.23(a), (b), and (c). not know or have reason to know of any specify in the aircraft’s operating Among other things, § 61.23 describes medical condition that would make him limitations the specific category and which operations do and do not require or her unable to operate a light-sport class rating required to operate that an airman medical certificate. In the aircraft in a safe manner. aircraft. The category and class specified final rule, the FAA is adding new will be based on the category and class Section 61.31 Type Rating paragraph (c) to describe operations that of an aircraft that has operating Requirements, Additional Training, and require either an airman medical characteristics similar to that new Authorization Requirements certificate or a U.S. driver’s license. The aircraft. The FAA has the authority to FAA notes that the final rule includes Paragraph (k)(1) is amended in the limit the carriage of a passenger in the a provision that all restrictions listed on final rule to incorporate powered aircraft’s operating limitations if this is a current and valid U.S. driver’s license, parachutes and weight-shift-control necessary for safe operation. as well as those imposed by judicial and aircraft in the list of aircraft for which The FAA also considered whether a administrative order, apply at all times a category and class rating is not pilot holding a recreational pilot when a U.S. driver’s license is used to required if the aircraft is not type- certificate or higher, while operating an meet the requirements of this section. certificated. The FAA recognized this experimental aircraft without a This is also established under the oversight and is correcting it. passenger, should be required to hold a privileges and limits for a sport pilot in Additionally, the FAA is making an category and class rating. The FAA does § 61.315(c)(17). This intent was editorial change to remove a reference to not believe that this is necessary at this discussed in the preamble of the NPRM the class rating for gliders because this time. The FAA did not receive any for proposed SFAR No. 89 sections 15 class rating no longer exists. information from commenters to and 35. Under § 61.31(k)(2)(iii), the FAA support requiring a category and class In addition, paragraph (c)(2) is further proposed that, when conducting an rating while operating an experimental amended to require that persons using operation while carrying passengers, the aircraft without a passenger. For a current and valid U.S. driver’s license holder of a pilot certificate must have a operations without a passenger, the meet certain requirements. A person category and class rating when FAA will continue to address on a case- using a driver’s license who has recently operating an aircraft with an by-case basis the specific requirements applied for an airman medical experimental certificate or provisional for category and class ratings through certificate must have been found eligible type-certificate. A few commenters said the operating limitations issued for each for the issuance of at least a third-class that this change would be unnecessary. experimental aircraft. airman medical certificate. If a person They believed that if a person is To ensure that pilots currently has been issued an airman medical qualified to fly an experimental aircraft, operating under the existing certificate, his or her most recently he or she should be qualified to carry § 61.31(k)(2)(iii) comply with its revised issued airman medical certificate must passengers, regardless of whether he or provisions, the FAA is establishing a not have been suspended or revoked. If she holds a category and class rating. method for giving credit for previous a person has been granted an The FAA disagrees with these experience gained in an experimental Authorization, his or her most recent comments. The operation of aircraft. This is established in the Authorization must not have been experimental aircraft by pilots without amendments to §§ 61.63(k) and withdrawn. Further, a person must not appropriate category and class ratings 61.165(f). Certificated pilots holding a know or have reason to know of any was previously allowed under recreational pilot certificate or higher medical condition that would make him § 61.31(k)(2)(iii), and the operating who do not have a category and class or her unable to operate a light-sport limitations for those aircraft permitted rating to operate the experimental aircraft in a safe manner. the carriage of passengers. However, the aircraft, may apply for a category and FAA believes that, in the interest of class rating with the limitation Changes safety, a category and class rating is ‘‘experimental aircraft only,’’ and a The medical provisions proposed in necessary when carrying a passenger, designation for the make and model SFAR No. 89 sections 15, 35, and 111 regardless of the aircraft’s airworthiness aircraft authorized to be operated. Pilots are transferred to §§ 61.3 and 61.23. certificate. This is because there is an seeking this privilege must have logged Under § 61.23(c)(2)(i), a requirement is increase in the number of experimental at least 5 hours of pilot-in-command added that each restriction and aircraft being operated in the NAS, and time in the same category, class, make, limitation, including those imposed by increased numbers of accidents have and model of aircraft issued an judicial and administrative order on a been attributed to a lack of category and experimental certificate. The applicant current and valid U.S. driver’s license, class ratings. is required to receive a logbook apply at all times when a U.S. driver’s A few commenters, including the endorsement from an authorized flight license is used to meet the requirements NTSB, suggested that a sport pilot instructor who has determined that he of this section. should be required to hold a category or she is proficient to act as pilot in

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command of the same category and class Section 61.45 Practical Tests: Required that has a single seat. The FAA notes of aircraft. Finally, the 5 hours of flight Aircraft and Equipment that an ultralight pilot who is currently time must be logged between September Currently, an applicant for a operating a single-seat ultralight-like 1, 2004 and August 31, 2005. Upon certificate or rating must furnish an aircraft that does not meet the definition satisfaction of these requirements, the aircraft of U.S. registry with an of an ultralight vehicle will need to take FAA will issue the applicant a new pilot airworthiness certificate and in a a practical test to be issued a sport pilot certificate with the additional category category specified in § 61.45(a) to certificate to operate that light-sport and class rating and the limitation conduct a practical test. Commenters aircraft. According to information the ‘‘experimental aircraft only’’ without noted that the FAA did not propose a FAA received from manufacturers, there are a number of pilots who intend to any further testing. change to this section to allow use of purchase single-seat light-sport aircraft, The FAA believes that the 5 hours of light-sport category aircraft. The FAA is rather than ultralight vehicles, and this pilot-in-command time received within therefore adding references to ‘‘light- provision will allow them to take the the 12-month window ensures recent sport category’’ to paragraphs (a)(1)(ii) practical test for the sport pilot experience in the category and class of and (a)(2)(i) to correct this oversight. certificate in these aircraft without experimental aircraft that the applicant First, in paragraph (a)(1)(ii), the FAA incurring the cost of additional training intends to operate. This, combined with will allow an applicant to use a light- and testing in a two-seat light-sport an endorsement from a flight instructor, sport category aircraft for a practical test gives the FAA confidence that the aircraft. because light-sport category aircraft are In the past, the FAA has encountered applicant has the necessary skills to designed and manufactured to an FAA- continue operating that make and model situations where pilots sought type accepted consensus standard. Therefore, ratings or letters of authorization in lieu of experimental aircraft safely. The FAA for the purpose of conducting the entire believes this is sufficient to allow these of type ratings in aircraft not designed flight segment of a practical test, these for two occupants. Testing in those pilots who have been previously aircraft are considered equivalent to an operating without a category and class aircraft has been accomplished in aircraft issued a standard, limited, or accordance with established FAA rating under the current regulation to primary category certificate. continue operations safely. The FAA guidance. In these cases, testing Second, to address the addition of procedures include observation from the believes that it would be an unnecessary light-sport category aircraft to paragraph additional burden in these cases to ground or from chase airplanes. (a)(1)(ii), the FAA is providing in The FAA believes that with certain require fulfilling the otherwise paragraph (a)(2)(i), that, at the discretion limitations, it is appropriate to allow the applicable testing requirements for a of the examiner, an applicant may also practical test for a sport pilot certificate category and class rating. use an aircraft other than one in the to be conducted from the ground by a A few commenters, including the standard, limited, or primary category, DPE or an FAA inspector. An examiner NTSB, noted that in the proposed rule which are currently required by must agree to conduct the practical test language for § 61.31(k)(2), the FAA did (a)(1)(ii), or a light-sport category in a single seat aircraft and must ensure not recognize that the holder of a sport aircraft. This makes it possible for an that the practical test is conducted in pilot certificate may operate an aircraft applicant to use an aircraft with an accordance with the sport pilot practical without having the appropriate category airworthiness certificate other than that test standards for single seat aircraft. or class rating on the sport pilot specified in paragraph (a)(2)(i) for a The pilot will have a limitation placed certificate. This was an oversight. A practical test. An examiner could, on his or her sport pilot certificate sport pilot has category and class therefore, permit the use of an limiting operations to a single-seat light- privileges that are authorized through experimental aircraft for a practical test. sport aircraft, and he or she will not be endorsements and annotated in the The FAA is leaving use of such an authorized to carry passengers. Only a pilot’s logbook; therefore, an exception aircraft to the discretion of the examiner DPE or an FAA inspector is authorized must be made in this section for a sport because experimental aircraft are not to remove the limitation. This can be pilot. Accordingly, the FAA is adding designed or manufactured to a specific accomplished when the sport pilot takes § 61.31(k)(2)(vi). regulatory standard. a practical test in a two-place light-sport Changes Several commenters stated that the aircraft and conducts additional tasks FAA should modify the regulations to identified in the practical test standards. Paragraph (k)(1) is amended in the allow the practical test to be It can also be accomplished if the sport final rule to incorporate powered administered in a single-seat aircraft. pilot completes the certification parachutes and weight-shift-control They indicated that there are many requirements for a higher certificate, aircraft in the list of aircraft for which existing single-seat gyroplanes, fixed- rating, or privilege in a two-place a category and class rating is not wing aircraft, powered parachutes, and aircraft. required if the aircraft is not type- weight-shift-control unregistered The FAA received several comments certificated. Additionally, the FAA is ultralight-like aircraft that will be asking how a flight review required by making an editorial change to remove operated under this rule. The § 61.56 would be accomplished in a the class rating for gliders because this commenters said that revising § 61.45 to single-seat aircraft. A sport pilot who is class rating no longer exists. In allow practical tests in these aircraft issued a certificate with a single-seat paragraph (k)(2)(iii), the words would help many pilots that are flying limitation must complete a flight review ‘‘experimental or provisional aircraft single-seat unregistered ultralight-like every 24 calendar months, as required type certificate, unless the operation aircraft to obtain their sport pilot by § 61.56. The flight review is required involves carrying passengers’’ are certificates without incurring the cost of to establish that a sport pilot still designated as paragraphs (A) and (B) training and testing in a two-seat aircraft maintains the knowledge and skills to and corrected to read ‘‘(A) A provisional with which they are not familiar. exercise sport pilot privileges. There are type certificate; or (B) An experimental The FAA agrees with the commenters several methods for accomplishing a certificate, unless the operation involves and is establishing in § 61.45(f) specific flight review under § 61.56. If the flight carrying a passenger.’’ requirements to allow a practical test to review will be accomplished in an New paragraph (k)(2)(vi) is added. be conducted in a light-sport aircraft aircraft, it must be in an aircraft with a

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minimum of two seats, in which the described the kinds of documents that In addition, the FAA is also now pilot is rated, and with an authorized would have been accepted as allowing crediting of ultralight instructor. In addition, the flight review documented proof. experience to qualify for glider or must be conducted with a current and unpowered ultralight towing under Section 61.52 Use of Aeronautical qualified authorized instructor who § 61.69. The experience must be Experience Obtained in Ultralight must act as pilot in command during the properly documented. This section Vehicles (Proposed SFAR No. 89 conduct of the flight. Therefore, a flight permits the experience gained in an Sections 135, 153, 175, 177, and 179) review cannot be conducted in a single ultralight vehicle to be credited only seat aircraft. The proposed requirements in SFAR toward a certificate, rating, or privilege No. 89 sections 135, 153, 175, 177 and when that experience was obtained in a Changes 179 for using aeronautical experience category and class of vehicle Paragraphs (a)(1)(ii) and (a)(2)(i) are obtained in ultralight vehicles (to corresponding to the rating or privileges revised to add the words ‘‘light-sport include two-seat ultralight trainers) and sought. It does not allow crediting of category.’’ for logging aeronautical experience to time toward private pilot privileges Paragraph (b)(1)(iii) is revised to add meet the requirements for a sport pilot other than weight-shift-control and an exception to new paragraph (f). certificate or for a flight instructor powered parachute. Paragraph (f) is added to allow certificate with a sport pilot rating are Many commenters suggested that the practical tests in a single-seat light-sport moved to new § 61.52. FAA allow sport pilots to conduct aircraft. The FAA received one comment that towing operations. The FAA believes stated that the agency should not allow Section 61.51 Pilot Logbooks that this privilege should be limited to the crediting of ultralight flight time (Proposed SFAR No. 89 Sections 67, individuals with at least a private pilot towards higher certificate levels. That 131, 171, 173, and 175) certificate. This portion of the rule commenter, however, provided no remains unchanged. In the final rule, requirements justification to support this comment. The FAA recognizes that towing of proposed in SFAR No. 89 sections 67, The FAA does not agree with this light-sport aircraft is done almost 131, 171, 173, and 175 are transferred to commenter, and the final rule will exclusively by weight-shift-control and § 61.51 with minor wording changes. permit aeronautical experience obtained fixed-wing ultralights. Larger aircraft are Several commenters expressed concern in an ultralight vehicle to be credited not used because of the speed about the ability to carry a logbook in towards a sport pilot certificate, a flight differential between the towing aircraft an open-cockpit aircraft. They suggested instructor certificate with a sport pilot and the aircraft being towed. The FAA that the FAA not require this. The FAA rating, and a private pilot certificate also recognizes that limiting towing to agrees with the commenters’ concerns with a weight-shift-control or powered pilots with a private pilot certificate or and notes that the proposed rule parachute category rating. It will also higher may inhibit towing operations. permitted pilots to carry either their permit aeronautical experience obtained This rule provides partial relief because logbooks or documented proof of all in a two-seat ultralight trainer to be of the ability of current weight-shift- required endorsements on all flights. credited toward these certificates and control and powered parachute pilots to See the discussion of proposed SFAR ratings. credit their time in ultralight vehicles No. 89 section 67 in the NPRM for a The FAA received many other toward the new categories of private complete discussion on what the FAA comments that suggested the FAA pilot certificates. Further, such pilots intended by ‘‘documented proof.’’ In the should allow crediting of flight time will be able to credit their time towards final rule, the FAA is changing the towards other certificate levels and that needed to qualify for towing under words ‘‘documented proof of all additional privileges. The FAA partially § 61.69 in accordance with § 61.52. required endorsements’’ to ‘‘other agrees with these commenters and is The FAA has considered allowing the evidence of required authorized changing the final rule to allow same sort of credit for fixed-wing instructor endorsements.’’ This language crediting of ultralight aeronautical ultralight pilots to meet the more closely corresponds to language experience not only toward a sport pilot requirements of a private pilot contained in current § 61.51(i). In certificate, as proposed in the NPRM, certificate with aircraft category ratings. addition, the FAA is not adopting the but also toward a flight instructor However, this crediting was viewed as sentence in the NPRM that read, certificate with a sport pilot rating, and a significant change to the aeronautical ‘‘Documented proof includes a a private pilot certificate with a weight- experience requirements for this photocopy of the logbook endorsements shift-control or powered parachute certificate. The FAA considered such a or a pre-printed form that includes the category rating. This will allow change outside the scope of the original endorsements.’’ Instead, the FAA will individuals who have gained experience proposal and significant enough to issue guidance material that will in ultralight vehicles while operating justify full public notice and comment. provide examples of what documents with an FAA-recognized ultralight The FAA expects to address this issue will be considered acceptable as organization to receive credit for that in a separate future rulemaking and may evidence. experience. favorably consider exemptions to this In the NPRM, the FAA allowed rule. See also the more detailed Changes crediting of ultralight experience to discussion of towing by persons with at The provisions of proposed SFAR No. meet the requirement that, before least a private pilot certificate under 89 sections 67, 131, 171, 173, and 175 providing flight training, a flight § 61.69. are transferred to § 61.51 with the instructor with a sport pilot rating must Under new § 61.52, the FAA will following changes. The words log at least 5 hours of flight time in the allow experience obtained in ultralight ‘‘documented proof of all required make and model of light-sport aircraft in vehicles to meet the requirements of endorsements’’ are changed to ‘‘other which flight training is to be conducted. § 61.69. Much of this experience has evidence of required authorized The FAA is now establishing the been gained under an exemption that instructor endorsements.’’ In addition, provisions to credit this experience to has been managed successfully by the the FAA is not adopting the sentence in meet the requirements of § 61.415(e) in USHGA for the last 20 years. Crediting proposed section 67 that would have § 61.52(b). of this experience will allow most

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ultralight pilots currently conducting knowledge, flight proficiency, and rule would have a crippling economic towing operations in weight-shift- aeronautical experience requirements effect on hang glider and paraglider control ultralights under that exemption for the issuance of the rating do not training. to meet most of the minimum apply. This flight time must be logged Similarly, many commenters noted requirements for a private pilot between September 1, 2004 and August that prohibiting hang glider and certificate with a weight-shift-control 31, 2005. Similar provisions are enacted paraglider towing by ultralights would aircraft category rating and the for persons holding airline transport eliminate the sport of hang gliding and additional towing experience pilot certificates in § 61.165(f). A pilot paragliding in areas of the country requirements under § 61.69. who meets these requirements will be without elevated terrain. In areas with a Additionally, those who hold at least a issued an appropriate category and class relatively flat topography, such as private pilot certificate will be eligible rating limited to a specific make and Florida, towing by ultralights is the only to credit their ultralight towing model of experimental aircraft. See the means of launching a hang glider or experience in a weight-shift-control discussion of § 61.31. paraglider. Many commenters who are hang glider and paraglider instructors ultralight vehicle towards the towing Changes experience requirements of § 61.69. For and ultralight tow pilots in Florida were more information on crediting flight Existing paragraph (k) is redesignated concerned that the proposed rule would time obtained in ultralight vehicles, as (l), and a new paragraph (k), Category permanently curtail their operations. refer to the discussion of § 61.329. class ratings for the operation of aircraft Many commenters noted that hang with experimental certificates, is added glider and paragliding towing by Changes for certificated pilots holding a ultralights has contributed to the growth The proposed requirements in SFAR recreational pilot certificate or higher of the sport, and that the proposed rule No. 89 sections 135, 153, 175, 177, and who do not have a category and class would jeopardize the future of the sport. 179 are moved to new § 61.52 with the rating to operate a specific make and They also noted that eliminating hang following change. model of experimental aircraft. They glider and paraglider towing by In paragraph (a)(3), language is added may apply for a category and class ultralights would prohibit the display of to establish that a person may use rating limited to a specific make and hang gliders and paragliders at aeronautical experience obtained in an model of experimental aircraft. airshows, where foot launches usually cannot be accomplished. Commenters ultralight vehicle to meet the Section 61.69 Glider and Unpowered added that this would further reduce the requirements for a private pilot Ultralight Vehicle Towing certificate with a weight-shift-control or exposure of the sport and limit its powered parachute category rating. One of the most common issues growth potential. addressed by commenters was the The FAA agrees with the commenters’ Section 61.53 Prohibition on towing of hang gliders, paragliders, and suggestions that light-sport aircraft Operations During Medical Deficiency gliders by either ultralight vehicles or should be permitted to be used for (Proposed as SFAR No. 89 Section 17) light-sport aircraft. Of the approximately towing operations. The FAA recognizes The FAA received numerous 4,700 comments received, 691 related to that towing operations have been comments on the topic of medical eliminating exemptions from §§ 91.309 conducted safely for over 20 years using provisions. For a complete discussion of and 103.1(b). These exemptions allow ultralight-like aircraft, which now will the comments and the FAA’s responses, ultralight pilots to use ultralight be certificated as light-sport aircraft. see ‘‘V.5.A.ii. Medical Provisions.’’ vehicles to tow hang gliders. In These same aircraft have been operated addition, 607 comments related to safely under an exemption from Changes proposed SFAR No. 89 section 73 §§ 91.309 and 103.1(b) held by the The applicable medical provisions (b)(12), which would have prohibited USHGA since 1984. proposed in SFAR No. 89 section 17 are the towing of any object, including a The existing fleet of ultralights transferred to § 61.53(c) without hang glider, paraglider, or glider towing conducting towing operations consists substantive change. by a light-sport aircraft. The vast of fixed-wing ultralight-like aircraft, majority of these commenters opposed which the industry refers to as ‘‘tugs,’’ Section 61.63 Additional Aircraft the proposed rule. and weight-shift-control aircraft, both of Ratings (Other Than on an Airplane Most commenters stated that the which are specifically designed and Transport Pilot Certificate) proposed rule would adversely affect equipped to withstand the load of The FAA is adding a new paragraph the safety of training in unpowered towing hang gliders, gliders, and (k) to § 61.63 to assist pilots currently ultralights, such as hang gliders and paragliders. These aircraft must meet operating under § 61.31(k)(2)(iii) paragliders. Without the availability of the requirements of § 91.309. The FAA without a category and class rating to hang glider and paraglider towing by will issue additional guidance material comply with the new provisions of that ultralights, most commenters noted that to ensure that the aircraft are designed, paragraph. The revision to the only way to learn to fly a hang glider equipped, and maintained, and operated § 61.31(k)(2)(iii) and (k)(2)(vi) require a or paraglider is to perform a foot launch safely. The FAA has not limited the category and class rating for the holder from an elevated location. Many period during which the small existing of a recreational pilot certificate or commenters also noted that these flights fleet of experimental light-sport aircraft higher when that pilot operates an usually would be conducted without an that will be used for this purpose. These aircraft with an experimental certificate instructor, unlike flights in which aircraft may be used for towing unless and carries a passenger. To receive a towing is involved. Therefore, many the FAA issues an operating limitation category and class rating to operate commenters argued, that without the prohibiting this activity. these aircraft, a person must log at least benefits of being towed by an ultralight Newly manufactured aircraft issued a 5 hours of flight time while acting as and the ability to receive tandem special airworthiness certificate in the pilot in command in the same category, instruction while airborne, few people light-sport category that will be used for class, make, and model of experimental would endeavor to learn how to fly hang towing will be designed and aircraft and receive an appropriate gliders or paragliders. These manufactured to meet criteria endorsement. Other aeronautical commenters stated that the proposed established in the consensus standard. If

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the FAA determines that the aircraft was Section 61.87 Solo Requirements for pilots seeking a sport pilot certificate are not manufactured in accordance with a Student Pilots (Proposed as SFAR No. moved to § 61.89. consensus standard that identifies 89 Section 33(a), (b), and (c)) Proposed section 35(e) of SFAR No. aircraft requirements for towing, the Under section 33 of SFAR No. 89, the 89 would have limited the maximum aircraft will be issued an operating FAA proposed solo and solo-cross speed a student pilot could operate a limitation prohibiting the conduct of country requirements for student pilots light-sport aircraft to 87 knots CAS. towing operations. The FAA will not operating light-sport aircraft. In the final There were many comments on this authorize experimental light-sport kit rule, the pre-solo flight training issue, and they criticized the proposed requirement as not being in the interest aircraft to be used to conduct these provisions are located in § 61.87. Also, of safety and being unnecessarily types of operations. When an the FAA has moved the cross-country flight training requirements for student restrictive of the manner in which a experimental or a special light-sport student pilot can learn to fly a light- aircraft is used in towing operations for pilots seeking a sport pilot certificate with privileges in a weight-shift-control sport aircraft. Nearly all of the compensation or hire, these aircraft commenters disagreed with the need for must also meet the 100-hour condition aircraft and a powered parachute to § 61.93. Student pilots, student pilots such a limit, and many commenters inspection requirement established for suggested that stall speed has a far experimental and special light-sport seeking a sport pilot certificate, and other pilots seeking privileges or a greater impact on safety than maximum aircraft in §§ 91.319(g) and 91.327(c), rating in a weight-shift-control aircraft speed. One commenter noted that this respectively. or a powered parachute will be trained section would require instructor pilots While a substantial number of to the same standard prior to conducting to use two sets of aircraft for instruction, commenters suggested that sport and solo or solo cross-country flight thus increasing the cost of training. recreational pilots be allowed to operations. This is consistent with the Several commenters suggested that it is conduct towing operations for solo and solo cross-country flight- safer for a student to train in the same aircraft he or she will later fly. compensation or hire, the FAA training requirements for all student The FAA agrees with commenters and pilots training in other categories of maintains that only private pilots or is eliminating this limitation. Each higher should be permitted to conduct aircraft. After considering the comments and student pilot must have a specific make these types of operations. Under § 61.69, and model endorsement on his or her only a private pilot or higher can tow a becoming familiar with powered parachutes during the development of student pilot certificate authorizing solo glider and is authorized to conduct flight, appropriate to the aircraft being towing operations for compensation or the practical test standards, the FAA recognizes that the requirements for operated. For each category, class, and hire under § 61.113. The FAA is revising make and model of light-sport aircraft a the final rule to allow ultralight vehicle student pilots training on meta-stable stalls and partial canopy collapses student pilot operates that exceeds 87 pilots, qualified under an FAA- should be revised. knots CAS, he or she will get additional recognized ultralight organization, to In addition, to specify that the training. Therefore, imposing a speed credit experience under § 61.52 towards maneuvers and procedures for pre-solo limit of 87 knots CAS on student pilot a private pilot certificate and towards flight training listed in this section also seeking a sport pilot certificate is the experience requirements of § 61.69. apply to student pilots seeking sport unnecessary. The FAA is identifying the With the addition of a rating at the pilot privileges in single-engine specific limitations that only apply to a private pilot certificate level for weight- airplanes, gyroplanes, gliders, airships, student pilot seeking a sport pilot shift-control aircraft, the regulations and balloons, the FAA is adding the certificate in paragraph (c) of § 61.89. will now accommodate these types of words ‘‘or privileges’’ after the word All other limitations on student pilots aircraft that will be used for towing ‘‘rating’’ in the introductory text of are noted in current paragraphs (a) and operations under this new regulatory paragraphs (d), (g), (i), (j), and (k). (b) of § 61.89. These limitations also framework. For a complete discussion on specific apply to student pilots seeking a sport changes to training and proficiency pilot certificate. The FAA notes that for towing New paragraph (c) of § 61.89 operations that are not conducted for requirements please refer to ‘‘V.5.A.iii. Flight Training and Proficiency identifies those restrictive privileges compensation or hire, a pilot is still Requirements.’’ and limitations that distinguish a required to meet the minimum student pilot seeking a sport pilot requirements established in § 61.69. Changes certificate from other student pilots. Therefore, the FAA does not believe it The proposed provisions of SFAR No. This paragraph specifies that a student is necessary to allow a sport or 89 section 33(a), (b), and (c) are pilot seeking a sport pilot certificate recreational pilot to conduct towing transferred to new paragraphs (l) and may fly only a light-sport aircraft and is operations. (m) of § 61.87. The provisions are prohibited from flying at night and See discussions under §§ 61.113, modified to remove the powered above 10,000 feet MSL. The paragraph 91.319, and 91.327 for more information parachute pre-solo flight training also restricts the classes of airspace and types of airports a sport pilot seeking a on changes made regarding private requirements pertaining to recovery sport pilot certificate may use without pilots using powered ultralight vehicles from partial canopy collapse, meta- receiving additional training and an to tow. stable stalls and avoidance. In addition, the words ‘‘or privileges’’ endorsement. Training for a sport pilot Changes are added after the word ‘‘rating’’ in the certificate does not include training for introductory text of paragraphs (d), (g), operating in Class B, C, and D airspace Section 61.69 is revised to permit (i), (j), and (k). and airports, and in other airspace and towing of unpowered ultralight vehicles airports with operational control towers by holders of at least a private pilot Section 61.89 General Limitations because, unlike other student pilots, certificate. In addition, all references to (Proposed as SFAR No. 89 Section 35) sport pilots do not have those additional ‘‘gliders’’ are changed to ‘‘gliders or The proposed general limitations in privileges. These are additional unpowered ultralight vehicles.’’ SFAR No. 89 section 35 for student privileges that are granted with the

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appropriate additional training and approach, and landing procedures, also apply to recreational pilots. endorsements established in § 61.94 for including crosswind approaches and Although the requirements of § 61.94 student pilots seeking a sport pilot landings was not addressed in the are more stringent than those found in certificate and in § 61.325 for a sport NPRM. Therefore, these provisions are § 61.95, the requirements to permit the pilot. added to paragraph (m) of § 61.93. In conduct of operations in Class B For a complete discussion of changes addition, a new solo cross-country flight airspace are equivalent for pilots made to training and proficiency training requirement for takeoff, affected by either section. For complete requirements, refer to ‘‘V.5.A.iii. Flight approach, and landing procedures in a discussion of changes made to this Training and Proficiency powered parachute (without a section, see ‘‘V.5.A.v. Changes to Requirements.’’ requirement for crosswind approaches Airspace Restrictions.’’ Changes and landings) is added to paragraph (l) of § 61.93. The crosswind takeoff and Changes The FAA is transferring the landing requirements were not The proposed provisions of SFAR No. provisions of proposed SFAR No. 89 addressed in this section because 89 section 37 are transferred to new section 35 to new paragraph (c) of powered parachutes are not designed for § 61.94 with the words ‘‘to, from, § 61.89. Other limitations from SFAR crosswind takeoffs and landings. through, or at an airport having an No. 89 section 35 are found in For a complete discussion on specific operational control tower’’ added, and paragraphs (a) and (b) of the existing changes to training and proficiency with other minor wording changes. In rule. Also, the 87-knot CAS speed requirements please refer to ‘‘V.5.A.iii. addition, the heading and paragraph (a) restriction on student pilots seeking a Flight Training and Proficiency are revised to include the words ‘‘or sport pilot certificate is removed from Requirements.’’ recreational pilot.’’ the final rule. Changes Section 61.95 Operations in Class B Section 61.93 Solo Cross-Country The proposed provisions of SFAR No. Airspace and at Airports Located Within Flight Requirements (Proposed as SFAR Class B Airspace No. 89 Section 33(d), (e), and (f)) 89 section 33(d), (e), and (f) are transferred to paragraphs (l) and (m) of The FAA did not propose to amend Under section 33 of SFAR No. 89, the § 61.93 with the following changes. The § 61.95; however, the FAA is amending FAA proposed solo and solo cross- requirement for training with the aid of this section to exclude a student pilot country flight training requirements for a magnetic compass has been revised, seeking a sport pilot certificate or a student pilots. In the final rule, the solo and the words ‘‘as appropriate’’ are recreational pilot certificate. New cross-country flight training provisions added to (l)(1) and (m)(1). § 61.94 is added that contains are located under § 61.93. By moving In paragraph (l)(11), a provision for requirements for a student pilot seeking the solo cross-country flight training takeoff, approach, and landing a sport pilot certificate or a recreational requirements into the existing sections procedures is added. pilot certificate wishing to obtain of part 61, both sport pilots and private In paragraph (m)(11), a provision for privileges to operate in Class B airspace pilots seeking either privileges or a takeoff, approach, and landing or at an airport located in Class B rating in a weight-shift-control aircraft procedures, including crosswind airspace. See discussion under ‘‘V.5.A.v. or a powered-parachute will be trained approaches and landings, is added. Changes to Airspace Restrictions.’’ to the same standard prior to conducting solo cross-country operations. This is Section 61.94 Student Pilot Seeking a Changes Sport Pilot Certificate or a Recreational consistent with the solo cross-country Paragraph (c) is added to § 61.95 to flight training requirements for all other Pilot Certificate: Operations at Airports Within, and in Airspace Located Within, provide that the section does not apply categories of aircraft. to a student pilot seeking a sport pilot After considering the comments and Class B, C, and D Airspace, or at Airports With an Operational Control certificate or a recreational pilot becoming familiar with powered certificate. parachute and weight-shift-control Tower in Other Airspace (Proposed as aircraft during the development of the SFAR No. 89 Section 37) Section 61.99 Aeronautical Experience practical test standards, the FAA The FAA is adopting this section with The FAA did not receive any recognized that dead reckoning should minor wording changes. The FAA comments on this section. require the aid of a magnetic compass, recognizes that operational control although one is still not required for towers may be located in other than Changes pilotage. The FAA is therefore adding Class B, C, or D airspace. To ensure that The proposed amendment is adopted the words ‘‘as appropriate’’ to paragraph a student pilot seeking a sport pilot without change. (l) to allow latitude in determining certificate or a recreational pilot has when this requirement must be met. adequate training to safely operate Section 61.101 Recreational Pilot Upon further consideration, the FAA within such airspace and at airports Privileges and Limits realizes it should have included located within that airspace, the FAA is There were several comments different solo cross-country training adding language to require that the requesting that the FAA expand the requirements for weight-shift-control training specified within § 61.94 be privileges for holders of a recreational aircraft and powered parachutes that completed before such operations are pilot certificate. Most of these comments were consistent with the solo cross- conducted. suggested expanding the distance country flight training requirements for To facilitate changes made to recreational pilots may fly without all other categories of light-sport § 61.101, which permit recreational meeting the requirement of § 61.101 (c) aircraft. When the FAA began pilots with sufficient training to operate and allowing recreational pilots to meet incorporating these requirements into in Class B, C, and D airspace, at an the same medical certification the section, the agency determined that airport located in Class B, C, or D requirements as sport pilots. the solo cross-country flight training airspace, or to, from, through, or at an Several commenters favored requirements for operations in a weight- airport having an operational control extending proposed sport pilot medical shift-control aircraft for takeoff, tower, the requirements of § 61.94 will provisions to holders of higher-level

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pilot certificates. These commenters of conducting towing operations be words ‘‘to, from, through, or at an contended that the same reasoning and added to recreational pilot certificate, airport having an operational control justification proposed for sport pilots see the discussion of § 61.69. tower.’’ should apply to other pilots. They noted Finally, many commenters suggested Section 61.107 Flight Proficiency that recreational pilots are subject to that recreational pilot be allowed to many of the same operating limitations exercise the privileges of sport pilots. As discussed in § 61.5 above, based as sport pilots. These include limits on The FAA is revising the final rule under on several comments, the FAA is adding carrying passengers, use of other than § 61.303 to allow a recreational pilot to a powered parachute—sea rating. fixed-gear aircraft, and prohibitions on exercise sport pilot privileges if he or Therefore, the FAA is changing § 61.107 flight between sunrise and sunset, and she has received the cross-country to establish the appropriate flight when flight or surface visibility is less training required in § 61.101(c) and proficiency training necessary for than 3 statue miles. Therefore, the holds any other endorsements required seaplane base operations. commenters believe recreational pilots by subpart J of part 61. The cross- In addition, the FAA is removing should not be subject to current medical country training required in § 61.101(c) proposed paragraph (b)(9)(viii), which requirements that are more stringent will provide a recreational pilot with at would have required a person to receive than those for sport pilots. They least the same minimum cross-country and log ground and flight training in suggested that the FAA review sport training that a sport pilot must meet to slow flight and stalls for a powered pilot data over time and consider be eligible for this certificate. For a parachute rating. See discussion under allowing recreational pilots to meet the discussion of the changes related to this, ‘‘V.5.A.iii. Flight Training and sport pilot medical requirements that see § 61.303. Proficiency Requirements.’’ When drafting the NPRM, the FAA are adopted under this rule. Changes The FAA did not consider expanding did not establish aeronautical the applicability of the proposed sport knowledge, flight proficiency, and In the final rule, paragraph (b)(9)(iii) pilot medical requirements in this aeronautical experience requirements is changed to require flight proficiency rulemaking action, nor would it be for recreational pilots to obtain category training in seaplane base operations for within the scope of this action to do so. and class ratings in powered parachutes a powered parachute—sea rating. In The FAA agrees with commenters that and weight-shift-control aircraft. The addition, proposed paragraph (b)(9)(viii) the agency must gain experience with proposal, however, did not revise is not adopted, and paragraphs (ix) sport pilot medical requirements, but § 61.101(d)(2) to prohibit recreational through (xi) are redesignated as (viii) the FAA will not consider extending pilots from acting as pilot in command through (x) respectively. these provisions beyond sport pilots and of these aircraft. As the FAA will not Section 61.109 Aeronautical will not grant any petitions for issue ratings for recreational pilots to Experience exemption or rulemaking requesting operate these aircraft, the FAA is adding that it do so at this time. a limitation to § 61.101(d)(2) to Several commenters noted that The FAA notes that it is not within specifically prohibit recreational pilots powered parachutes are not properly the scope of this rulemaking to make from acting as pilot in command of a equipped to engage in operations at substantive changes to the privileges of powered parachute or a weight-shift- night. These commenters suggested that a recreational pilot, except where such control aircraft. the requirement for night flight training changes are necessary to maintain In drafting the NPRM, the FAA did be eliminated. The FAA agreed with consistency with the privileges for sport not consider the fact that operational these commenters and although the pilots provided under the final rule. The control towers may, on occasion, be FAA will not remove the requirement FAA also notes that, because located in Class G or E airspace. To for this training, the final rule will recreational pilots are permitted to address this omission and therefore provide for a new exception to this operate larger aircraft, the training require a recreational pilot to receive training requirement in § 61.110. This requirements for recreational pilots are appropriate training prior to conducting exception will permit a person who more extensive than for sport pilots. operations at an airport that has an does not receive the required night Specifically, commenters suggested operational control tower in Class G or training to be issued a certificate with a allowing recreational pilots to E airspace, the FAA is revising night flying limitation. See § 61.110 for demonstrate aircraft to prospective paragraphs (d) and (e)(7) to add the a discussion of night flying exceptions. buyers, as is allowed for sport pilots words ‘‘to, from, through, or at an A few commenters also suggested who are not aircraft salespersons. The airport having an operational control that, given the slow speeds at which FAA agrees and is adding a provision tower.’’ For a discussion of the changes powered parachutes travel, the cross- permitting holders of a recreational pilot related to operations in Class B, C, and country training distances required certificate to demonstrate aircraft to D airspace, see ‘‘V.5.A.v. Changes to under the proposed rule would be prospective buyers, provided the Airspace Restrictions.’’ excessive. The commenters also recreational pilot is not an aircraft suggested that the flight proficiency salesperson. For a discussion of the Changes requirements should more closely privilege of demonstrating aircraft to In the final rule, paragraph (e)(2) is parallel glider and balloon training. The prospective buyers, please refer to revised to prohibit recreational pilots FAA agrees and therefore is making ‘‘V.5.A.viii. Demonstration of Aircraft to from operating powered parachutes and changes in the final rule to address Prospective Buyers.’’ In addition, weight-shift-control aircraft. these comments. For a complete several commenters suggested that In addition, paragraph (e)(12) is added discussion on specific changes to recreational pilots be allowed to to permit holders of a recreational pilot training and proficiency requirements conduct towing operations. The FAA certificate to demonstrate aircraft to refer to ‘‘V.5.A.iii. Flight Training and still maintains that only a pilot with at prospective buyers, provided the Proficiency Requirements.’’ least a private pilot certificate should be recreational pilot is not an aircraft The FAA notes that in the NPRM, in authorized to conduct towing salesperson. proposed paragraph (i), in the operations. For a discussion of Finally, the FAA is revising aeronautical experience table describing comments suggesting that the privilege paragraphs (d) and (e)(7) to add the the training necessary for a weight-shift-

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control rating, a paragraph was Section 61.110 Night Flying provisions of that paragraph. The incorrectly formatted, therefore making Exceptions revision to § 61.31 (k)(2)(iii) requires a the table misleading. Under the list of The FAA did not propose to amend category and class rating for the holder items included under ‘‘(iv) Ten hours § 61.110, however, the FAA received of a pilot certificate when that pilot solo flight time in a weight-shift-control many comments suggesting that a operates an aircraft with an aircraft consisting of at least—,’’ the private pilot who wants to obtain a experimental certificate and carries a requirement for three takeoffs and weight-shift-control, powered passenger. To receive a category and landings (with each landing involving a parachute, or gyroplane rating should class rating to operate these aircraft, a flight in the traffic pattern) at an airport not be required to fly at night if the person must log at least 5 hours of flight with an operating control tower should aircraft is not equipped for that time while acting as pilot in command have been designated as ‘‘(C)’’ in the operation, or the pilot chooses not to in the same category, class, make, and list, rather than as a separate paragraph seek those privileges. Most aircraft in model of experimental aircraft and ‘‘(v).’’ In the final rule, the FAA is those three categories are not equipped receive an appropriate endorsement. correctly designating that list to indicate with the aircraft instruments or lighting Other aeronautical knowledge, flight that the requirement for three takeoffs required under part 91 for night proficiency, and aeronautical and landings in a weight-shift-control operations. Those aircraft are primarily experience requirements for the aircraft at an airport with an operating suited for daytime operations under issuance of the rating do not apply. This control tower must be accomplished as visual flight rules. flight time must be logged between solo flight. The FAA is modifying § 61.110 to September 1, 2004 and August 31, 2005. Changes permit a person seeking a private pilot Similar provisions are enacted in certificate with a gyroplane, powered § 61.63(k) for persons holding other The FAA is reformatting proposed parachute, or weight-shift-control pilot certificates. An airline transport paragraph (i) and adopting it with the aircraft rating to obtain that rating pilot who meets these requirements will following changes for a powered without complying with the night flying be issued an appropriate category and parachute rating: requirements specified in § 61.109(d)(2), class rating limited to a specific make (i)(2), or (j)(2). A private pilot who does The total flight time requirement is and model of experimental aircraft. See not complete these requirements for reduced from 40 hours to 25 hours in a the discussion of § 61.31. night operations will have a limitation powered parachute. placed on his or her pilot certificate Changes The requirement for total flight stating ‘‘night flying prohibited.’’ This training with an authorized instructor is limitation can be removed at any time A new paragraph (f), Category class reduced from 20 to 10 hours, and an by a designated examiner or an FAA ratings for the operation of aircraft with additional requirement for 30 takeoffs inspector when the pilot completes the experimental certificates, is added for and landings with an authorized night flying requirements established airline transport pilots who do not have instructor is being added. under the appropriate section of part 61. a category and class rating to operate the experimental aircraft. They may apply The requirement for 10 hours of solo Changes flight training is not being changed, but for a category and class rating limited to the solo takeoff and landing requirement The FAA is adding paragraph (c) to a specific make and model of is increased from 10 to 20. § 61.110 to permit a person who does experimental aircraft. not meet the night flying requirements A reference to the night flying in § 61.109(d)(2), (i)(2), or (j)(2) to be Subpart H—Flight Instructors Other exceptions specified in § 61.110 is issued a private pilot certificate with the Than Flight Instructors With a Sport included in the night flight training limit ‘‘Night flying prohibited.’’ This Pilot Rating requirements, and the requirement to limitation may be removed by an The FAA is revising the heading of conduct one night cross-country flight examiner if the holder complies with over 25 NM total distance is removed. subpart H to include the words ‘‘other the requirements of § 61.109(d)(2), (i)(2), than flight instructors with a sport pilot The 3-hour solo cross-country or (j)(2), as appropriate. rating.’’ Because of the unique requirement is reduced to 1 hour, and the solo cross-country flight distance Section 61.113 Private Pilot Privileges requirements that apply to flight requirement is reduced from 50 NM to and Limitations: Pilot in Command instructors with a sport pilot rating, the 25 NM. The FAA is revising § 61.113(g) to FAA is placing those requirements into allow a private pilot to act as pilot in a new subpart K, rather than into In addition, requirements for a existing subpart H. weight-shift-control rating are moved to command while towing an unpowered new paragraph (j). ultralight vehicle for compensation or Changes hire. This change conforms to the In paragraph (j), for weight-shift- revisions made to § 61.69. For a The heading for subpart H is revised. control aircraft, the FAA is reducing the discussion of those changes, see § 61.69 Section 61.181 Applicability night cross-country flight requirement above. for a private pilot certificate from 100 NM to a required distance of at least 75 Changes In the final rule, the FAA is revising § 61.181 to make the applicability of the nautical miles, and the requirement for Paragraph (g) is revised. a solo cross-country flight from 150 section consistent with the newly nautical miles to 100 NM. Additionally, Section 61.165 Additional Aircraft revised subpart H heading (discussed the FAA is revising the proposal to Category and Class Ratings above). clarify that the requirement for three The FAA is adding a new paragraph Changes takeoffs and landings in a weight-shift- (f) to § 61.165 to assist airline transport control aircraft at an airport with an pilots currently operating under Section 61.181 is revised to add the operating control tower must be § 61.31(k)(2)(iii) without a category and words ‘‘except for flight instructor accomplished as solo flight. class rating to comply with the new certificates with a sport pilot rating.’’

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Section 61.213 Eligibility Section 61.303 What Operating Limits the FAA sees no need to require Requirements (Proposed as SFAR No. 89 and Endorsement Requirements of This additional endorsements. Sections 211 and 213) Subpart Apply to My Operation of a Paragraph (b) is added to require that Light-Sport Aircraft for the Certificates persons using a current and valid U.S. The FAA did not receive any and Ratings I Hold? (Proposed as SFAR driver’s license meet certain comments on sections 211 and 213 of No. 89 Section 91) requirements. A person using a U.S. proposed SFAR No. 89. The provisions driver’s license must comply with each The FAA is adding § 61.303 to clarify restriction and limitation imposed by are therefore transferred to § 61.213 which operating limits and endorsement that license and any judicial or without substantive change. requirements apply to the operation of administrative order for the operation of a light-sport aircraft, depending on the Changes a motor vehicle. Also, if a person has type of certificate or rating a pilot holds Paragraphs (a)(4)(i) and (a)(4)(ii) are applied for an airman medical and the medical eligibility requirements certificate, that person must have been revised to include the requirements of the pilot meets. found eligible for the issuance of at least sections 211 and 213 of proposed SFAR Many comments expressed confusion a third-class airman medical certificate about the ability to exercise sport No. 89. at the time of his or her most recent privileges while holding a higher-level Section 61.215 Ground Instructor application. If a person has been issued pilot certificate. Many commenters also an airman medical certificate, his or her Privileges (Proposed as SFAR No. 89 were not certain what privileges they Section 215) most recently issued airman medical could exercise based on their medical certificate must not have been The FAA did not receive any eligibility or what privileges they could suspended or revoked. If a person has exercise when operating a light-sport comments on sections 215 of proposed been granted an Authorization, his or aircraft. To clarify the operating limits SFAR No. 89. The provisions are her most recent Authorization must not and endorsement requirements for have been withdrawn. Further, a person therefore transferred to § 61.215 without pilots exercising sport pilot privileges, substantive change. must not know or have reason to know the FAA has included a table in of any medical condition that would Changes § 61.303. make him or her unable to operate a The FAA has revised the final rule to light-sport aircraft in a safe manner. See Paragraph (a) is revised to include the allow a recreational pilot who does not discussion under ‘‘V.5.A.ii. Medical requirements of section 215 of proposed have an airman medical certificate to Provisions.’’ SFAR No. 89. exercise sport pilot privileges if that person has received the cross-country Changes Subpart J—Sport Pilots training required in § 61.101(c). Section 61.303 is added to set forth The FAA concluded that the Proposed SFAR No. 89 section 91 operating limitations and endorsement certification rules pertaining to sport excluded recreational pilots from requirements for persons seeking to pilots merited their own subpart in part exercising sport pilot privileges because operate light-sport aircraft. This new 61. The rules originally proposed in they did not have the cross-country section is derived from the proposed training required for a sport pilot. The SFAR No. 89 pertaining to sport pilots provisions of SFAR No. 89 section 91. cross-country training required in are moved into subpart J. A table cross- It provides a more detailed description, § 61.101(c) is equivalent to the cross- in a table, of the privileges a person may referencing those sections of proposed country requirements for sport pilots. SFAR No. 89 with corresponding exercise based upon his or her medical See the discussion in § 61.101 for more eligibility and the certificates and sections of part 61 appears at the information. beginning of this section-by-section endorsements he or she holds. The FAA is not requiring a pilot who In the final rule, the introductory text analysis for part 61. holds a recreational pilot certificate or of paragraph (a) prohibits a recreational Section 61.301 What Is the Purpose of higher who wants to exercise sport pilot pilot from exercising sport pilot This Subpart? (Proposed as SFAR No. privileges to have make and model privileges unless that person has 89 Section 1) training and a corresponding complied with the cross-country endorsement. See the discussion under training requirements in § 61.101(c). The FAA did not receive any ‘‘V.5.A.iv. Make And Model Logbook In addition, the proposed requirement comments on section 1 of proposed Endorsements, and Sets of Aircraft.’’ in SFAR No. 89 section 91 paragraph 2 SFAR No. 89. The provisions applicable In addition, the FAA is requiring for a person holding at least a private to sport pilots and persons seeking to persons who hold a recreational pilot pilot’s certificate and seeking to exercise exercise sport pilot privileges are certificate or higher but not a rating for sport pilot privileges is deleted. That therefore transferred to § 61.301 without the category and class of light-sport provision would have required that substantive change. Section 61.301 aircraft they seek to operate to comply person to receive specific training for with the limitations in § 61.315, except provides the user with an overview of any make and model of light-sport paragraph (c)(14), and, if a private pilot the requirements prescribed in this aircraft in which the person has not or higher, paragraph (c)(7). Paragraph subpart. acted as pilot in command is deleted. (c)(14) addresses aircraft that have a VH The requirements in paragraphs Changes in excess of 87 knots CAS, and (a)(1)(iii) and (a)(2)(iii) of the final rule paragraph (c)(7) addresses requirements reflect the exceptions to the The provisions of section 1 of for training to operate in Class B, C, and endorsement requirements discussed proposed SFAR No. 89 applicable to D airspace, at an airport located in Class above. sport pilots and persons seeking to B, C, or D airspace, and to, from, In addition, paragraph (b) is added to exercise sport pilot privileges are through, or at an airport having an indicate that a person using a current transferred to § 61.301 without operational control tower. As these and valid U.S. driver’s license must substantive change. pilots have been trained to operate these meet the applicable requirements aircraft and in these types of airspace, specified in § 61.23(c)(2).

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Section 61.305 What Are the Age and Such a provisions would be § 61.309 with the following Language Requirements for a Sport Pilot inappropriate for inclusion in this rule. modifications. Certificate? (Proposed as SFAR No. 89 One commenter recommended that a The words ‘‘as appropriate’’ are added Section 3) student pilot be required to pass the to paragraph (d) regarding the use of aeronautical charts for VFR navigation Several commenters suggested knowledge test prior to being issued a using pilotage, dead reckoning, and lowering the age requirement for student pilot certificate. This action was navigation systems. powered parachute pilots to be not proposed, and the FAA considers In paragraph (j), the term ‘‘if equivalent with the age requirements for such an action to be outside the scope applicable’’ is changed ‘‘applicable to the operation of gliders and balloons of this rulemaking. airplanes and gliders’’ to clarify that this because of the simplicity of the aircraft. Another commenter recommended requirement is only applicable to Other commenters suggested lowering that the holder of a private pilot persons seeking privileges to operate the age to solo in all categories of light- certificate or higher be exempt from those aircraft. sport aircraft. These commenters taking a knowledge test addressing the subjects specified in proposed SFAR The requirement in paragraph (k) of suggested that the minimum age proposed SFAR No. 89 section 51 for requirement to solo in a light-sport No. 89 section 51. The FAA notes that the holder of a private pilot certificate tumble entry and tumble avoidance aircraft be the same as the minimum age technique training for weight-shift- requirement to solo in a glider or a or higher is not required to take a test on the aeronautical knowledge areas control aircraft category privileges is balloon. The commenters believed that removed. the simple nature of light-sport aircraft specified in § 61.309 to exercise the privileges of a sport pilot certificate. The word ‘‘judgment’’ is replaced justified such a change. with the words ‘‘risk management’’ in Two commenters recommended that The FAA disagrees with this new paragraph (k). suggestion. Balloon and glider pilots applicants be permitted to take the typically operate as part of an organized practical test in a single-seat aircraft Section 61.311 What Flight Proficiency activity requiring other participants; with the examiner observing the test Requirements Must I Meet To Apply for therefore younger pilots are rarely from the ground. This comment is a Sport Pilot Certificate? (Proposed as operate these aircraft without some level addressed in the discussion of § 61.45. SFAR No. 89 Section 53) of supervision. Pilots of powered Changes Upon further consideration of the parachutes and other categories of light- proposal, the FAA is revising ground sport aircraft may frequently operate The provisions of section 57 of and flight training requirements these aircraft without any support proposed SFAR No. 89 are transferred to pertaining to slow flight and stalls. See personnel or supervision by other more § 61.307 without substantive change. discussion under ‘‘V.5.A.iii. Flight experienced pilots. The FAA contends Section 61.309 What Aeronautical Training and Proficiency that capabilities of these aircraft and the Knowledge Must I Have To Apply for a Requirements.’’ fact that they are frequently operated by Sport Pilot Certificate? (Proposed as In addition, the incorporation of a single pilot without direct supervision SFAR No. 89 Section 51) proposed SFAR No. 89 into part 61 precludes the agency from lowering the necessitates the inclusion of an age limit for solo operations in these The FAA received a few comments on exception to the flight proficiency aircraft. the proposed provisions of this section. requirements of this section for One commenter objected to requiring Changes registered pilots with FAA-recognized extensive training for pilots who will be ultralight organizations. References to The provisions of section 3 of permitted to fly ‘‘fat’’ ultralights. This land and sea classes are also included proposed SFAR No. 89 addressing the comment, the removal of tumble entry for those categories of aircraft for which eligibility requirements for a sport pilot and tumble avoidance technique those classes exist. certificate are transferred to § 61.305 training, and additional training in risk without substantive change. management are discussed under Changes ‘‘V.5.A.iii. Flight Training and The provisions of section 53 of Section 61.307 What Tests Do I Have Proficiency Requirements.’’ proposed SFAR No. 89 are transferred to To Take To Obtain a Sport Pilot Another commenter suggested that § 61.311, with changes. Certificate? (Proposed as SFAR No. 89 training not be required in electronic In the final rule, the section is revised Section 57) navigation, while an additional to include an exception for persons who The FAA received a few comments on commenter suggested that, if the FAA are registered pilots with an FAA- the proposed provisions of this section. wishes to specifically mandate training recognized ultralight organization and The commenters recommended that the in electronic navigation systems, the to refer to both land and sea classes for practical tests be conducted in reference to navigation systems should airplane, weight-shift-control, and accordance with the procedures refer to electronic navigation systems. powered parachute categories of light- specified in current §§ 61.43, 61.45, The prevalence of electronic navigation sport aircraft. 61.47, and 61.49. By incorporating the systems in light-sport aircraft Proposed paragraph (i) is changed to provisions of proposed SFAR No. 89 necessitates the aeronautical knowledge no longer require applicants for sport into part 61, the procedures specified in training be required in these systems. pilot privileges in lighter-than-air those sections apply to practical and Although most navigation systems are aircraft and powered parachutes to knowledge tests administered to sport electronic, the FAA has retained the receive and log slow flight training. It pilot applicants. generic reference to ‘‘navigation has also been changed to no longer The commenters also recommended system.’’ to conform to other require applicants for sport pilot that the testing be conducted in requirements in part 61. privileges in powered parachutes to accordance with FAA Order 8710.3, receive and log stall training. In Changes Pilot Examiner’s Handbook. The FAA addition, in the final rule, the training notes that all testing should be done in The provisions of section 51 of requirement for slow flight and stalls is accordance with applicable FAA orders. proposed SFAR No. 89 are transferred to split into separate paragraphs (i) and (j),

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specifying those aircraft for which the to flying ability. These commenters as light-sport aircraft would be well training is not required. believed that a person’s ability to obtain suited for that activity. Although the a driver’s license may not be related to FAA agrees that these aircraft are well Section 61.313 What Aeronautical poor health. The FAA, however, suited for the activity, it still believes Experience Must I Have To Apply for a maintains the position it took in the that this activity should be conducted Sport Pilot Certificate? (Proposed as proposed rule, that all limitations by at least a private pilot who has SFAR No. 89 Section 55) imposed on a driver’s license apply to accomplished the additional training See discussion under ‘‘V.5.A.iii. the use of that license to establish and testing requirements at that Flight Training and Proficiency medical eligibility for a sport pilot certificate level. Requirements.’’ certificate. For a discussion of demonstrating To further clarify its position on this aircraft to prospective buyers, please Changes issue, the FAA is adding the language in refer to ‘‘V.5.A.viii. Demonstration of The provisions of section 55 of § 61.315(c)(17) stating: ‘‘* * * or any Aircraft to Prospective Buyers.’’ proposed SFAR No. 89 are transferred to limit imposed by judicial or For a discussion of comments § 61.313, with the following changes. administrative order when using your received requesting towing privileges References to land and sea classes of driver’s license to satisfy a requirement for sport and recreational pilots, see the aircraft are added to paragraphs (a), (g), of this part.’’ As stated in the proposed discussion of § 61.69 above. and (f). rule, it is the FAA’s intent that, if an Section 73 of proposed SFAR No. 89 References to a ‘‘full-stop landing’’ are individual’s driving privileges have stated that a sport pilot would be revised to read ‘‘full-stop landing at a been suspended, revoked, or restricted limited to sport and recreational flying minimum of two points’’ in paragraphs for any reason by an administrative or only. Sport and recreational flying, (a)(1)(iii), (d)(1)(iii), and (h)(1)(iii). judicial body, those same limitations however, was not specifically defined in In paragraph (b), the term ‘‘solo flight apply to the use of that individual’s the NPRM. That limitation is removed time’’ is changed to ‘‘solo flight driver’s license to establish medical in the final rule and replaced with training.’’ eligibility for a sport pilot certificate, prohibitions against acting as pilot in In paragraph (f), the aeronautical regardless of whether the terms of those command of a light-sport aircraft when experience requirements for lighter- limitations are printed on the carrying a passenger or property for than-air category and balloon class individual’s driver’s license or other compensation or hire, for compensation privileges, are changed by deleting the document, and regardless of whether or hire, or in the furtherance of requirement for one solo cross-country the restrictions imposed were the result business. This change better describes flight of at least 25 NM. of an infraction unrelated to an those types of operations it intended to In paragraph (g), the aeronautical individual’s driving or flying ability. If restrict when it proposed that a sport experience requirements for powered an individual’s driving privileges have pilot would be limited to sport and parachute category privileges, are been suspended, revoked, or in any way recreational flying only. changed as follows: limited by a court or administrative The authority to operate up to 2,000 The requirement for 20 hours total order, the license holder may no longer AGL when above 10,000 feet MSL is flight time is reduced to 12 hours. use his or her driver’s license to removed. For further information on The requirement for 15 hours of flight establish medical eligibility for a sport this change, see ‘‘V.5.A.vi. Changes to training is reduced to 10 hours, which pilot certificate. Altitude Limitations.’’ must include 20 takeoffs and landings to A commenter proposed that sport Additionally, since light-sport aircraft a full stop in a powered parachute with pilots be limited to single-place aircraft, operated by sport pilots are intended to each landing involving flight in the and a private pilot certificate be be simple and non-complex, the FAA is traffic pattern at an airport. required to fly a two-place aircraft. The adding a provision in paragraph (c)(19) The requirement for 2 hours of cross- FAA disagrees. The FAA believes that to specifically prohibit a sport pilot country flight training is reduced to 1 the training provided to a sport pilot is from acting as a pilot flight crewmember hour. sufficient to permit that person to safely on any aircraft for which more than one The requirement for 5 hours of solo operate a simple, non-complex aircraft. pilot is required by the type certificate flight training is reduced to 2 hours and The FAA believes that carrying a of the aircraft or the regulations under must include 10 solo takeoffs and passenger does not increase the which the flight is conducted. A similar landings, and one solo flight with a 10- complexity of the aircraft to warrant the provision currently exists in § 61.101(e) NM leg with a landing at a different additional training required for a higher for recreational pilots. The two airport in lieu of the requirement for one level certificate. One of the stated exceptions contained in that paragraph, solo flight of 25 NM with one 15–NM objectives of the sport pilot certificate is however, are not included in § 61.315. leg. to permit, for personal use, the holder In paragraph (h), the aeronautical of such a certificate to operate a light- Changes experience requirements for weight- sport aircraft that has the capability of The provisions of sections 73, 75, 77, shift-control aircraft category privileges, carrying only two occupants—the pilot and 79 of proposed SFAR No. 89 are is changed by reducing the 75 NM solo and one passenger. transferred to § 61.315, with the cross-country requirement to 50 NM. The FAA is also adding language to following changes. § 61.315(b)(7) to require additional In paragraph (c)(1), (c)(2), and (c)(3), Section 61.315 What Are the Privileges training to operate in Class B, C, and D prohibitions that a person may not act and Limitations of My Sport Pilot airspace. For a complete discussion of as pilot in command of a light-sport Certificate? (Proposed as SFAR No. 89 all issues related to operations in class aircraft when carrying a passenger or Sections 73, 75, 77 and 79) B, C, and D airspace, refer to ‘‘V.5.A.v. property for compensation or hire, for A few commenters noted that, in Changes to Airspace Restrictions.’’ compensation or hire, or in the many states, a U.S. driver’s license may Several commenters suggested that furtherance of business are added. be revoked for failure to pay certain the FAA allow a sport pilot to conduct These provisions are added because the taxes, failure to pay child support, or search and rescue operations and said FAA is not including in the final rule other circumstances that do not pertain that the aircraft now being certificated the limitation on sport and recreational

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flying proposed in SFAR No. 89 section For a discussion of the comments and to, from, through, or at an airport having 73 paragraph (a). the changes to the requirements in an operational control tower.’’ In paragraph (c)(7), the words ‘‘or to, § 61.321 (c) for an applicant to complete Section 61.327 How Do I Obtain from, through, or at an airport having an an application and present this Privileges To Operate a Light-Sport operational control tower’’ are added. application to the authorized instructor, Aircraft That Has a VH Greater Than 87 In paragraph (c)(11), the authority to see ‘‘V.5.A.ix. Category and Class Knots CAS? (Proposed as SFAR No. 89 operate up to 2,000 AGL when above Discussion: FAA Form 8710–11 Section 83) 10,000 feet MSL is removed. Submission.’’ In paragraph (c)(17), a provision is Changes The FAA received a few comments on added to require a sport pilot to comply proposed section 83 of SFAR No. 89. with any limit imposed by judicial or The provisions of section 63 of The commenters recommended that the administrative order when using his or proposed SFAR No. 89 are transferred to FAA eliminate the proposed her U.S. driver’s license to satisfy a § 61.321 with an additional requirement requirement that sport pilots seeking to requirement of part 61. in paragraph (c) for sport pilot seeking operate an aircraft with a V greater Paragraph (c)(19) is added to prohibit H to operate an additional category or than 87 knots CAS receive an a sport pilot from acting as a pilot flight class of light-sport aircraft to complete endorsement from an authorized crewmember on any aircraft for which an application for those privileges on a instructor. For the reasons stated in the more than one pilot is required by the form and in a manner acceptable to the proposed rule, and also because the type certificate of the aircraft or the FAA. The person must present this FAA is eliminating the proposed regulations under which the flight is application to the authorized instructor requirement for a specific make and conducted. who conducted the proficiency check model endorsement for each aircraft a Section 61.317 Is My Sport Pilot specified in paragraph (b) of the section. sport pilot operates, the FAA has Certificate Issued With Aircraft Category retained this requirement in the final Section 61.323 How Do I Obtain and Class Ratings? (Proposed as SFAR rule. No. 89 Section 59) Privileges To Operate a Make and Model of Light-Sport Aircraft in the Same Changes The FAA did not receive any Category and Class Within a Different comments on section 59 of proposed Set of Aircraft? (Proposed as SFAR No. The provisions of section 83 of SFAR No. 89. 89 Section 65) proposed SFAR No. 89 are transferred to § 61.327 without substantive change. Changes The FAA made changes to this section The provisions of section 59 of to incorporate the concept of make and Section 61.329 Are There Special proposed SFAR No. 89 are transferred to model endorsements providing Provisions for Obtaining a Sport Pilot § 61.317 without substantive change. privileges to operate any aircraft within Certificate for Persons Who Are a set of aircraft. For a discussion of the Registered Ultralight Pilots With an Section 61.319 Can I Operate a Make FAA-Recognized Ultralight and Model of Aircraft Other Than the comments and changes made to this section, see ‘‘V.5.A.iv. Make and Model Organization? (Proposed as SFAR No. Make and Model Aircraft for Which I 89 Section 93) Have Received an Endorsement? Logbook Endorsements, and Sets of (Proposed as SFAR No. 89 Section 61) Aircraft.’’ The FAA received comments Changes suggesting that other organizations not The FAA made changes to this section mentioned specifically in the preamble to incorporate the concept of make and The provisions of section 65 of of the proposal should be considered for model endorsements providing proposed SFAR No. 89 are transferred to crediting of ultralight experience. At the privileges to operate any aircraft within § 61.323 with changes. The FAA is time of the NPRM, the FAA stated that a set of aircraft. For a discussion of the revising this section to allow the holder it considered only ASC, EAA, and comments and more information on this of a sport pilot certificate with an USUA to be FAA-recognized ultralight issue, see ‘‘V.5.A.iv. Make and Model endorsement for a specific make and organizations. One commenter Logbook Endorsements, and Sets of model light-sport aircraft to operate any specifically requested that USHGA be Aircraft.’’ other aircraft within the same set of considered an FAA-recognized Changes aircraft. ultralight organization. Some The provisions of section 61 of Section 61.325 How Do I Obtain commenters also thought that State proposed SFAR No. 89 are transferred to Privileges To Operate a Light-Sport associations that have required that § 61.319 and revised to allow the holder Aircraft at an Airport Within, or in ultralight pilots meet their requirements of a sport pilot certificate with an Airspace Within, Class B, C, and D should have been addressed. Both the endorsement to operate a specific make Airspace, or in Other Airspace With an final rule and the NPRM do not limit and model of light-sport aircraft to Airport Having an Operational Control those organizations that can be operate any other aircraft belonging to Tower? (Proposed as SFAR No. 89 considered as FAA-recognized ultralight the same set of aircraft. Section 81) organizations. The FAA agrees that USHGA should be considered an FAA- Section 61.321 How Do I Obtain For a discussion of comments and recognized ultralight organization and Privileges To Operate an Additional changes to this section, see ‘‘V.5.A.v. recognizes it as such. The FAA also Category or Class of Light-Sport Changes to Airspace Restrictions.’’ recognizes that many State associations Aircraft? (Proposed as SFAR No. 89 have now affiliated themselves with Changes Section 63) FAA-recognized ultralight Generally, for a discussion of the The provisions of section 81 of organizations. Ultralight pilots in these comments and changes made to this proposed SFAR No. 89 are transferred to State associations will be able to become section, see ‘‘V.5.A.iv. Make and Model § 61.325 with the following change. The sport pilots using the transition Logbook Endorsements, and Sets of FAA is adding the words ‘‘at an airport provisions of § 61.329, provided they Aircraft.’’ located in Class B, C, or D airspace, or are recognized pilots with one of the

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four current FAA-recognized ultralight An ultralight pilot registered with an for a flight instructor certificate for a organizations. FAA-recognized ultralight organization sport pilot rating. The FAA originally proposed that any before September 1, 2004, who Proposed paragraphs (a)(3)(ii), which registered ultralight pilot with an FAA- completes a practical test no later than would have required documents from recognized ultralight organization January 31, 2007, will be issued a sport an FAA-recognized ultralight would have up to 24 months after the pilot certificate with a logbook organization to list each category and effective date of the final rule to apply endorsement permitting that person to class of ultralight vehicle that the for a sport pilot certificate and receive exercise sport pilot privileges in each organization recognizes a person as credit for experience and training category, class, make, and model for being qualified to operate, is changed in successfully completed with that which the FAA-recognized ultralight paragraph (a)(1) of the final rule to ultralight organization. Although there organization has found him or her require that the documents indicate that were no comments on this proposal, the proficient to operate. Registered person is recognized to operate the FAA concluded that it would be in the ultralight pilots with an FAA- category and class of aircraft for which interest of safety, fairness, and ease of recognized ultralight organization who sport pilot privileges are sought. As a administration to revise the provisions were not registered on or before result of this change, the documentation of the proposal in the final rule. The September 1, 2004 and successfully provided by an applicant under final rule permits an ultralight pilot complete the practical test for the sport paragraph (a)(1) of the rule need not registered with an FAA-recognized pilot certificate will receive a logbook show all categories and classes that the ultralight organization on or before endorsement permitting them to organization considers the applicant September 1, 2004 to obtain a sport pilot exercise sport pilot privileges in the qualified to operate, only the category certificate without meeting the category, class, make and model of and class of aircraft for which sport aeronautical knowledge and flight aircraft in which the practical test was pilot privileges are sought. proficiency requirements of §§ 61.309 taken; however, they will not receive a Documentation submitted by an and 61. 311 provided that person logbook endorsement for each category, applicant under paragraph (a)(2), obtains the sport pilot certificate no class, make, and model of aircraft they however, must show each aircraft a later than January 31, 2007. Ultralight were recognized by an the organization person is recognized to operate. This pilots registered with these to operate. requirement enables the FAA to provide organizations after September 1, 2004 The FAA received many comments the applicant with a logbook will be required to meet these regarding the requirement for notarized endorsement permitting operation of aeronautical knowledge and flight documentation of experience from the each category, class, make and model proficiency requirements but may credit FAA-recognized ultralight organization. listed without further testing. experience obtained while a member of The commenters were concerned about The FAA has also revised the final an FAA-recognized ultralight the added cost and burden this will rule by adding paragraph (b). This organization in accordance with § 61.52. present. The ultralight organizations paragraph clarifies that the FAA will provide a person who meets the The purpose of § 61.329 is to provide indicated that they would have to put provisions of paragraph (a)(1) of this a means of transition for those pilots notaries on their staffs or take the section with a logbook endorsement for who receive training with FAA- documents to a notary, adding cost and each category, class, make, and model of recognized ultralight organizations to burden to the process. aircraft listed on the ultralight pilot’s obtain sport pilot certificates. Under The FAA agrees with the comments records provided to the FAA, regardless current ultralight training programs, it is and has replaced the requirement for a of the aircraft in which the practical test possible for an ultralight pilot to be notarized document with a requirement is taken. eligible for a sport pilot certificate with that an applicant provide the FAA with as little as 10 hours of flight time. These a certified copy of his or her ultralight Changes ultralight pilots need not meet the pilot records from the FAA-recognized The provisions of section 93 of aeronautical experience requirements ultralight organization. The FAA has proposed SFAR No. 89 are transferred to specified in § 61.313. The FAA has historically allowed other organizations § 61.329 with minor reformatting. Also, determined that this is acceptable for to certify graduation certificates and the following changes are made. ultralight pilots registered with an FAA- similar documents and the FAA In paragraph (a)(1) (proposed as recognized organization on or before concluded that is sufficient for this paragraph (a)), the words ‘‘not later than September 1, 2004 who pass both a regulatory requirement. 24 months after the effective date of the knowledge and practical test before Many commenters suggested that the final rule’’ are changed to ‘‘on or before January 31, 2007. But after September 1, FAA allow an applicant who is September 1, 2004.’’ 2004, all pilot applicants must meet the concurrently seeking both a sport pilot In paragraph (a)(1)(i)(B), the FAA is aeronautical experience requirements of certificate and a flight instructor adding a provision that permits a § 61.313. Registered pilots with FAA- certificate with a sport pilot rating to registered ultralight pilot seeking a sport recognized ultralight organizations, take only one knowledge test to meet pilot certificate to pass either the however, may credit ultralight both aeronautical knowledge knowledge test for a sport pilot aeronautical experience toward meeting requirements. The FAA agrees with certificate (as set forth in the proposal), these requirements in accordance with these commenters and will permit a or the knowledge test for a flight § 61.52. These requirements will ensure person seeking a sport pilot certificate instructor certificate with a sport pilot that all applicants meet the same under paragraph (a)(1) to take either the rating. standards and receive adequate training. knowledge test for a sport pilot In paragraphs (a)(1)(i)(D) and They will also provide a single measure certificate or the flight instructor (a)(2)(iv), the word ‘‘notarized’’ is for assessing an applicant’s certificate with a sport pilot rating to changed to ‘‘certified.’’ qualifications, as all applicants must satisfy the requirements of this section. Proposed paragraph (b)(4)(ii) is demonstrate proficiency and The FAA believes that the applicant changed in paragraph (a)(2)(iv)(B) of the satisfactorily complete both FAA will demonstrate a higher level of final rule to require that a person who knowledge and practical tests. knowledge by taking the knowledge test is a registered ultralight pilot on or after

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September 1, 2004 and is seeking a sport would be certificating flight instructors techniques by actually performing them. pilot certificate to provide documents with an inappropriately low level of The FAA supports these provided by an applicant for a sport experience and training, thereby recommendations and is removing the pilot certificate indicate that the person decreasing safety. The FAA believes that proposed requirement that a person is recognized to operate only the the training and experience required for seeking to provide instruction in a category and class of aircraft for which a flight instructor certificate with a sport weight-shift-control aircraft possess sport pilot privileges are sought. pilot rating is appropriate for the types both competency and instructional Proposed paragraph (c) is removed. of instruction that these flight proficiency in stall awareness, spin New paragraph (b) is added as instructors will provide. The FAA notes entry, spins, and spin recovery discussed above. that these persons will be providing procedures. These requirements are still instruction in simple, non-complex Subpart K—Flight Instructors With a applicable to persons seeking to provide aircraft with limited operational Sport Pilot Rating instruction in airplanes and gliders. For characteristics. The FAA also notes that more information, see ‘‘V.5.A.iii. Flight The FAA concluded that the it has established minimum Training and Proficiency certification rules pertaining to flight aeronautical experience requirements in Requirements.’’ instructors with a sport pilot rating § 61.411 for flight instructors with a merited their own subpart in part 61. sport pilot rating that exceeds that Changes Most of the rules originally proposed in specified for a sport pilot certificate. The provisions of section 119 of SFAR No. 89 pertaining to flight In the final rule, the FAA revised the proposed SFAR No. 89 are transferred to instructors were moved into subpart K language requiring a person to ‘‘hold a § 61.405 with the following changes. without change. A table with cross- current and valid sport pilot certificate The section is reworded and references to the proposed SFAR No. 89 or a current and valid private pilot reorganized for clarity. appears at the beginning of this section- certificate’’ to ‘‘hold a current and valid In paragraph (b)(1)(ii) of the final rule by-section analysis for part 61. pilot certificate.’’ This change permits (proposed as paragraph (b)(3)), the persons holding recreational, Section 61.401 What Is the Purpose of requirement for a person to receive a commercial, and airline transport pilot This Subpart? (Proposed as SFAR No. logbook endorsement indicating certificates to obtain a flight instructor 89 Section 1) competency and instructional certificate with a sport pilot rating. proficiency in stall awareness, spin The FAA did not receive any Since the FAA intends to permit a entry, spins, and spin recovery comments on section 1 of proposed person with a sport pilot certificate to procedures has been deleted for persons SFAR No. 89. The provisions applicable obtain a flight instructor certificate with seeking privileges to provide instruction to flight instructors with a sport pilot a sport pilot rating, the FAA believes in weight-shift-control aircraft. rating are therefore transferred to that persons with higher-level pilot In paragraph (b)(2)(iii) of the final rule § 61.401 without substantive change. certificates should not be precluded (proposed as paragraph (b)(4)) is Section 61.401 provides the user with from obtaining a flight instructor modified as follows. an overview of the requirements certificate with a sport pilot rating. A person seeking privileges to provide prescribed in this subpart. Changes instruction in a weight-shift-control Changes aircraft is not required to demonstrate The provisions of section 3 of an ability to teach stall awareness, spin The provisions of section 1 of proposed SFAR No. 89 addressing the entry, spins, and spin recovery proposed SFAR No. 89 applicable to eligibility requirements for flight procedures. flight instructors with a sport pilot instructors with a sport pilot rating are The term ‘‘practical’’ is added before rating are transferred to § 61.401 transferred to § 61.403 with the the word ‘‘test.’’ without substantive change. following change. In paragraph (c) of the The term ‘‘instructional procedures’’ final rule, the language requiring a Section 61.403 What Are the Age, is replaced with ‘‘instructional person to ‘‘hold a current and valid Language, and Pilot Certificate competency and proficiency.’’ sport pilot certificate or a current and Requirements for a Flight Instructor The term ‘‘applicable light-sport valid private pilot certificate’’ is Certificate With a Sport Pilot Rating? aircraft’’ is replaced with ‘‘applicable changed to ‘‘hold a current and valid (Proposed as SFAR No. 89 Section 3) category and class of aircraft.’’ pilot certificate.’’ The FAA created this section to Section 61.407 What Aeronautical incorporate the eligibility requirements Section 61.405 What Tests Do I Have Knowledge Must I Have To Obtain a originally contained in SFAR No. 89 To Take To Obtain a Flight Instructor Flight Instructor Certificate With a Sport section 3. Section 3 would have Certificate With a Sport Pilot Rating? Pilot Rating? (Proposed SFAR No. 89 required that a flight instructor with a (Proposed as SFAR No. 89 Section 119) Section 113) sport pilot rating hold a sport or private The FAA created this section to The FAA did not receive any pilot certificate. Although a number of incorporate the testing requirements comments on this section and is commenters agreed with the FAA’s originally contained SFAR No. 89 adopting the section as proposed except proposal to permit flight instructors section 119. The FAA received a for minor revisions to improve clarity. with a sport pilot rating to possess only comment from a national organization a sport pilot certificate, the FAA representing flight instructors Changes received several comments expressing recommending changes regarding spin The provisions of section 113 of concern that persons holding no more training instructional competency and proposed SFAR No. 89 are transferred to than a sport pilot certificate could serve proficiency in weight-shift-control § 61.407 with the following changes. as flight instructors. Commenters noted aircraft. In addition, several commenters Proposed paragraphs (b) and (c) are that the FAA traditionally requires a noted, while it is crucial that pilots of adopted as paragraphs (c) and (b) flight instructor to hold a commercial weight-shift-control aircraft be capable respectively, and in paragraph (c) of the pilot certificate. These commenters were of recognizing and avoiding spins, it is final rule, the words ‘‘for the aircraft specifically concerned that the FAA not safe for pilots to learn these category and class in which you seek

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flight instructor privileges’’ are added command time in a weight-shift-control (1) A flight instructor certificate with after ‘‘applicable to a sport pilot aircraft. A number of commenters a sport pilot rating; certificate.’’ recommended that the FAA decrease (2) A powered parachute or weight- the requirements for flight instructors shift-control aircraft rating; Section 61.409 What Flight Proficiency seeking instructional privileges in (3) An operating privilege for a sport Requirements Must I Meet To Apply for airplanes, weight-shift-control aircraft, pilot; a Flight Instructor Certificate With a and powered parachutes to 55 hours. (4) A practical test and knowledge test Sport Pilot Rating? (Proposed as SFAR One commenter stated that until 2 years for a private pilot certificate with a No. 89 Section 115) ago, all three national ultralight powered parachute or weight-shift- For a discussion on this section, see organizations required only 55 hours of control aircraft rating or a flight ‘‘V.5.A.iii. Flight Training and flight time to qualify as an ultralight instructor certificate with a sport pilot Proficiency Requirements.’’ flight instructor. The commenter further rating. Although the FAA received a few Changes noted that two of these three organizations now require flight comments on this section that addressed The provisions of section 115 of instructors to possess a minimum of 100 towing and the ability to demonstrate proposed SFAR No. 89 are transferred to hours of flight time. A number of light-sport aircraft for sale, these § 61.409 with the following changes. commenters stated that the proposed privileges are not based upon an In the introductory text of the section, requirements for flight instructors individual’s flight instructor certificate, the words ‘‘for airplane single-engine, should mirror the requirements of these but rather on that individual’s glider, gyroplane, airship, balloon, two organizations. However, another underlying pilot certificate. Comments powered parachute, and weight-shift- commenter recommended that all flight on towing and the demonstration of control privileges’’ are replaced with the instructors have at least 250 hours of aircraft for sale are discussed in those words ‘‘for the aircraft category and flight experience. This commenter was sections that address the privileges of a class in which you seek flight instructor concerned that sport pilots would be person’s underlying pilot certificate. privileges’’ are added. trained by instructors who have very Paragraph (k) (proposed as paragraph Changes little experience themselves. (a)(11)) is changed to no longer require The provisions of section 133 of The FAA has considered the applicants for a flight instructor proposed SFAR No. 89 are transferred to commenters’ concerns and notes that certificate seeking instructional § 61.413 and reorganized for clarity. there may be legitimate reasons to either privileges in lighter-than-air aircraft and Also, the following changes are made. powered parachutes to receive and log increase or decrease the aeronautical In paragraph (a), the words ‘‘a student slow flight training. It is also changed to experience requirements set forth in the pilot certificate to operate light-sport no longer require applicants seeking NPRM. The FAA believes that the aircraft’’ are changed to ‘‘a student pilot instructional privileges in powered aeronautical experience requirements seeking a sport pilot certificate’’. parachutes to receive and log stall set forth in the NPRM establish a Paragraph (c) is added to include training. In addition, in the final rule, reasonable level of minimum training and logbook endorsements for a the training requirement for slow flight aeronautical experience for the issuance flight instructor certificate with a sport and stalls is split into separate of flight instructor certificates with a pilot rating. paragraphs (k) and (l), specifying those sport pilot rating. As the sport pilot Paragraph (d) is added to include aircraft for which the training is not rating is a new rating to be added to the training and logbook endorsements for a required. flight instructor certificate, the FAA will powered parachute or weight-shift- Paragraph (m) (proposed as paragraph monitor the implementation of the rule control aircraft rating. (a)(12)) is changed to remove the and may revise aeronautical experience Paragraph (f) is changed by including requirement for spin training in a requirements for the rating, if the FAA training and logbook endorsements for weight-shift-control aircraft, requiring it deems such action appropriate. an operating privilege. for airplanes and gliders only. Changes Paragraphs (g) and (h) (proposed as Paragraph (o) is added to require paragraphs (e) and (f)) are amended by ‘‘tumble entry and avoidance The provisions of section 117 of adding, after ‘‘for a sport pilot,’’ the techniques’’ maneuvers for weight-shift- proposed SFAR No. 89 are transferred to words ‘‘certificate, a private pilot control aircraft only. § 61.411 with no substantive change. certificate with a powered parachute or weight-shift-control aircraft rating or a Section 61.411 What Aeronautical Section 61.413 What Are the Privileges flight instructor certificate with a sport Experience Must I Have To Apply for a of My Flight Instructor Certificate With pilot rating.’’ Flight Instructor Certificate With a Sport a Sport Pilot Rating? (Proposed as SFAR Pilot Rating? (Proposed as SFAR No. 89 No. 89 Section 133) Section 61.415 What Are the Limits of Section 117) The FAA identified several privileges a Flight Instructor Certificate With a The FAA received several comments that a flight instructor with a sport pilot Sport Pilot Rating? (Proposed as SFAR to this section. One commenter stated rating would be permitted to exercise No. 89 Section 135) that the FAA should decrease the that were omitted in SFAR No. 89 Several commenters questioned the aeronautical experience requirements section 133 of the proposed rule. This need for make and model endorsements for flight instructors seeking omission is being corrected in the final for flight instructors. Many commenters instructional privileges in powered rule. believed that this requirement is parachutes to 50 hours. Other In addition to the privileges listed in unnecessary because of the simple commenters questioned the need for the NPRM, under the final rule, the nature of the aircraft in which flight instructors to obtain 15 hours of holder of a flight instructor certificate instructors will be providing training. cross-country flight time in powered with a sport pilot rating is authorized, Additionally, many commenters parachutes. Another commenter within the limits of his or her certificate questioned the need for flight questioned the need for flight and rating, to provide training and instructors to obtain 5 hours of pilot-in- instructors to have 15 hours of pilot-in- logbook endorsements for the following: command time in a specific make and

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model of aircraft prior to providing included in subpart K for them to apply would receive a make and model flight instruction in that aircraft. The to flight instructors with a sport pilot endorsement. The FAA is removing FAA recognizes that under current rating. Therefore, the FAA is now these provisions because the authority § 61.195(f), a flight instructor may not including in § 61.415 specific regulatory to operate any make and model of provide training required for the language to address the limits referred aircraft within a specific set of aircraft issuance of a certificate or rating in a to § 61.195(a), (d)(1) through (d)(3), and is a privilege of the person’s underlying multi-engine airplane, , or (d)(5). pilot certificate and not the flight powered lift unless that instructor has at instructor certificate. See the discussion Changes least 5 hours of pilot-in-command time ‘‘V.5.A.iv. Make and Model Logbook in that specific make and model of The FAA is transferring the Endorsements, and Sets of Aircraft.’’ aircraft. This requirement is therefore provisions of proposed SFAR No. 89 not applicable to the majority of aircraft section 135 to § 61.415 and reorganizing Changes in which flight instruction is conducted. them with the following revisions. The provisions of section 123 of The FAA notes however that the final In paragraph (a), the description of the proposed SFAR No. 89 are transferred to rule permits a person to serve as a flight limits for providing ground or flight § 61.417 with the following change. The instructor if that person holds only a training is clarified by addressing words ‘‘make and model’’ are removed. sport pilot certificate. In view of the training provided by a person holding a limited experience of these certificate pilot certificate other than a sport pilot Section 61.419 How Do I Obtain holders, the FAA deems it prudent that certificate. Privileges To Provide Training in an flight instructors with a sport pilot Paragraph (e) is revised to incorporate Additional Category or Class of Light- rating obtain at least 5 hours pilot-in- the concept of ‘‘set of aircraft,’’ and the Sport Aircraft? (Proposed as SFAR No. command time before conducting flight requirement to obtain aeronautical 89 Section 127) instruction in a make and model of experience as a registered pilot with an The FAA received a few comments on light-sport aircraft within the same set FAA-recognized ultralight organization this section. One commenter was of aircraft as that in which the training is removed. The concept of ‘‘set of concerned that there will not be enough is provided. For additional discussion, aircraft’’ is discussed under ‘‘V.5.A.iv. instructors to provide endorsements for see ‘‘V.5.A.iv. Make and Model Logbook Make and Model Logbook instructors seeking to provide training Endorsements, and Sets of Aircraft.’’ Endorsements, and Sets of Aircraft.’’ in additional categories and classes of Commenters stated that the FAA The use of aeronautical experience aircraft. Another commenter proposed should allow training to be conducted obtained in ultralight vehicles is that instructors certificated under in single-place aircraft. The FAA does addressed in § 61.52 of the final rule. subpart H of part 61 should not be not agree that all training provided by Paragraph (f) is revised to incorporate required to complete the proposed flight instructors with a sport pilot operations to, from, through, or at an proficiency check. The FAA believes rating be permitted in single-place airport having an operational control that the ‘‘grandfathering’’ provisions of aircraft. Under current § 61.195(g)(2), tower. (See ‘‘V.5.A.v. Changes to the final rule will result in sufficient the FAA requires pre-solo flight training Airspace Restrictions.’’) numbers of instructors being able to Paragraph (h) is added to require that for single-place aircraft to be provided provide the required endorsements. The all training be performed in an aircraft in an aircraft that has two pilot stations FAA notes that the proficiency check that complies with the requirements of and is of the same category and class required by § 61.419(b) will only apply § 91.109. This corrects an inadvertent applicable to the certificate and rating to flight instructors exercising the omission of a reference to § 61.195(g) in sought. The FAA believes that the privileges of a sport pilot rating. The commenters did not provide sufficient the NPRM. FAA also notes that instructors justification to remove this long- Paragraph (i) is added to require that certificated under subpart H are not standing requirement. The final rule flight training must be provided in an subject to this requirement. requires that pre-solo flight training aircraft that has at least two pilot must be given in an aircraft that has two stations and is of the same category and For information on changes related to pilot stations and is of the same category class appropriate to the certificate rating filing applications and endorsements, and class applicable to the certificate, or privilege sought. Pre-solo flight refer to the discussion under ‘‘V.5.A.ix. rating, or privilege sought. Section training for single-place aircraft needs to Category and Class Discussion: FAA 61.195(g) ensures that pre-solo fight be provided in an aircraft that has two Form 8710–11 Submission.’’ For training is provided by an authorized pilot stations and is of the same category discussion of make and model instructor in an aircraft with two pilot and class appropriate to the certificate endorsements, refer to the discussion stations. Section 61.415 will apply a rating or privilege sought. under ‘‘V.5.A.iv. Make and Model similar requirement to persons receiving Endorsements, and Sets of Aircraft.’’ Section 61.417 Will My Flight flight instruction from flight instructors In addition, the FAA made a minor Instructor Certificate With a Sport Pilot with a sport pilot rating. Similar to editorial change to the title and the Rating List Aircraft Category and Class § 61.195(g), pilots being trained by flight introductory text by deleting the word Ratings? (Proposed as SFAR No. 89 instructors with a sport pilot rating will ‘‘flight’’ to be more accurate. This Section 123) have the latitude under § 61.415 to meet change reflects that flight instructors all other experience and solo training The FAA did not receive any provide both ground and flight training. requirements in a single-place aircraft. comments on this section. Although it Changes As the provisions of proposed SFAR was proposed that a person receiving a No. 89 have been included in new flight instructor certificate with a sport The provisions of section 127 of subpart K of part 61, and the pilot rating receive logbook proposed SFAR No. 89 are transferred to applicability of subpart H has been endorsements for the category, class, § 61.419 with the following changes. revised to exclude flight instructors and make and model aircraft in which The title of this section is changed by with a sport pilot rating, the limitations the person is authorized to provide removing the word ‘‘flight.’’ The word that previously applied to all flight training, the FAA is removing ‘‘flight’’ is also removed from the instructors in subpart H must be provisions specifying that a person introductory text.

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In paragraph (a), the term The FAA is revising paragraph Changes ‘‘aeronautical and knowledge (a)(2)(iii) to include the words ‘‘to, from, The provisions of section 195 of experience requirements’’ is changed to through, or at an airport having an proposed SFAR No. 89 are transferred to ‘‘aeronautical knowledge and flight operational control tower.’’ This change § 61.425 without substantive change. proficiency requirements.’’ This change is discussed under ‘‘V.5.A.v. Changes to properly refers to the requirements an Airspace Restrictions.’’ Section 61.427 What Must I Do if My applicant must meet in §§ 61.407 and The FAA is adding (b) to include a Flight Instructor Certificate With a Sport 61.409. requirement for an instructor to Pilot Rating Expires? (Proposed as SFAR Proposed paragraph (b) is split into complete, sign, and submit to the FAA No. 89 Section 197) paragraphs (b) and (d) in the final rule the application presented to him or her The FAA received no comments on for clarity. The logbook endorsement by a person seeking to operate or this section. requirement is now in paragraph (d) of provide training in an additional Changes the final rule. The term ‘‘light-sport category and class of light-sport aircraft. aircraft privilege’’ is changed to This application must be submitted The provisions of section 197 of ‘‘category and class flight instructor within 10 days of providing the proposed SFAR No. 89 are transferred to privilege’’ in paragraphs (b) and (d) of endorsement. For a discussion of this § 61.427. The section is modified to note the final rule. provision, see ‘‘V.5.A.ix. Category and that a person may pass a practical test Paragraph (c) in the final rule is added Class Discussion: FAA Form 8710–11 as prescribed in § 61.405(b) or to require a person to complete and Submission.’’ § 61.183(h). This change reflects the present an application to obtain the separation of flight instructor privileges sought. Changes requirements into subparts H and K of part 61. Section 61.421 May I Give Myself an The provisions of section 121 of Endorsement? (Proposed as SFAR No. proposed SFAR No. 89 are transferred to Section 61.429 May I Exercise the 89 Section 139) § 61.423 with the following changes. Privileges of a Flight Instructor Certificate With a Sport Pilot Rating if The FAA received comments noting The section heading is revised, and I Hold a Flight Instructor Certificate an error made in the proposed rule the text of the section is reorganized for With Another Rating? (Proposed as omitting the word ‘‘not.’’ The FAA is improved readability. SFAR No. 89 Section 151) correcting the error. In paragraph (a)(1) the FAA is clarifying that a flight instructor with a The FAA received several comments Changes sport pilot rating must sign the logbook on this section. The majority of the The provisions of section 139 of of each person to whom he or she has commenters recommended that the FAA proposed SFAR No. 89 are transferred to given training. delete or reduce the proposed § 61.421 with the following changes. In paragraph (a)(2), a requirement to requirement for a person exercising the The phrase ‘‘you may give yourself an retain a record of the type of privileges of a flight instructor with a endorsement’’ is changed to ‘‘you may endorsement is added. sport pilot rating to have at least 5 hours not give yourself an endorsement,’’ as of pilot-in-command time in a specific Paragraph (a)(2)(iii) is revised to was originally intended. make and model of light-sport aircraft in include the words ‘‘to, from, through, or The FAA is also adding the word which that person provides training. at an airport having an operational ‘‘rating’’ to the list of endorsements a Other commenters recommended that control tower.’’ flight instructor with a sport pilot rating the FAA delete the proposed is not permitted to give him or herself. Paragraph (b) is added to include a requirement that a flight instructor This conforms to the list of prohibitions requirement for an instructor to receive specific training in any make specified in § 61.195(i). complete, sign, and submit to the FAA and model of light-sport aircraft in the application presented to him or her which that person has not acted as pilot Section 61.423 What Are the by a person seeking to obtain additional in command prior to providing training. Recordkeeping Requirements for a category and class privileges. The FAA is retaining the proposed Flight Instructor With a Sport Pilot Section 61.425 How Do I Renew My requirement that a person exercising the Rating? (Proposed as SFAR No. 89 privileges of a flight instructor Section 121) Flight Instructor Certificate? (Proposed as SFAR No. 89 Section 195) certificate with a sport pilot rating have The FAA received no comments on at least 5 hours of pilot-in-command this section. The FAA received no comments time in a specific make and model of The FAA notes that the NPRM only requesting changes to this section. light-sport aircraft prior to providing referred to the endorsement of a However a few commenters expressed flight training. However, the rule will person’s logbook. Under current rules, a concerns that current Flight Instructor permit a person with this experience to flight instructor is required to sign the Refresher Clinics (Courses) (FIRCs) may provide flight training in any aircraft logbook of any person to whom he or not be a suitable means for flight within the same set of light-sport she provides training. To clarify that instructors with a sport pilot rating to aircraft as the make and model of flight instructors with a sport pilot renew their flight instructor certificates. aircraft in which that person has 5 hours rating must sign the logbook of each The commenters asked if persons of pilot-in-command time. person to whom they have given flight providing FIRCs would be given latitude The FAA found that section 151 of or ground training, the FAA is revising to develop courses specifically designed proposed SFAR No. 89 did not reference paragraph (a)(1) accordingly. for flight instructors with a sport pilot commercial pilots with an airship or a The NPRM did not specifically rating. The FAA notes that persons balloon rating. As these pilots may require a flight instructor to retain a providing FIRCs may specifically tailor provide flight instruction under current record of the type of endorsement those courses to the needs of flight rules, and therefore may be considered provided to a person who received instructors with sport pilot ratings. authorized instructors, the FAA believes training. The final rule corrects this Further guidance will be available to it is appropriate to permit these persons omission in paragraph (a)(2). FIRC sponsors at a later date. to exercise the privileges of a flight

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instructor certificate with a sport pilot exercising your flight instructor knowledge test applicable to that rating in the classes of aircraft in which privileges and the privileges specified in certificate, and is therefore requiring they are currently authorized to provide § 61.413.’’ that an applicant pass a knowledge test training. This omission is corrected in Paragraph (b) is added in the final for both his or her underlying pilot the final rule. rule to require persons subject to this certificate and a flight instructor Proposed paragraphs (a)(2) and (a)(3) section to comply with the limits certificate with a sport pilot rating. would have established requirements specified in § 61.415 and the Some commenters recommended that for a person transitioning to a flight recordkeeping requirements of § 61.423. ultralight flight instructors transitioning instructor certificate with a sport pilot Paragraph (c) (proposed as paragraph to flight instructors with a sport pilot rating to receive specific training or (b)) is changed to state that persons rating not be required to pass an ‘‘initial have 5 hours of pilot-in-command time subject to this section must meet all flight check.’’ In the interest of safety in any make and model of light-sport applicable requirements specified in and standardization, the FAA will not aircraft prior to providing training in § 61.419 to provide training in an issue an initial flight instructor that aircraft. This requirement to have 5 additional category or class of light- certificate without the applicant passing hours of pilot-in-command time is now sport aircraft. a practical test. A number of commenters set forth in § 61.415(e). Training Section 61.431 Are There Special recommended that the FAA permit requirements for the operation of makes Provisions for Obtaining a Flight ultralight instructors to become flight and models of light-sport aircraft are Instructor Certificate With a Sport Pilot instructors without first obtaining a addressed in those sections that apply to Rating for Persons Who Are Registered sport pilot certificate. As the privilege to a person’s underlying pilot certificate. Ultralight Flight Instructors With an Paragraph (b) is added in the final operate an aircraft is based upon a FAA Recognized Ultralight rule. This paragraph clarifies that the person’s underlying pilot certificate and Organization? (Proposed as SFAR No. requirements of §§ 61.415 and 61.423 not his or her flight instructor 89 Section 153) also apply to flight instructors with certificate, the FAA is not adopting the other than a sport pilot rating, The provisions of this section were commenter’s recommendation. commercial pilots with an airship intended to encourage and assist One commenter recommended that rating, or commercial pilots with a ultralight instructors registered with current ultralight instructors with balloon rating, when those persons FAA-recognized ultralight organizations specific make and model experience be exercise the privileges of a flight to obtain flight instructor certificates permitted to provide themselves with an instructor certificate with a sport pilot with a sport pilot rating. The final rule endorsement certifying their own rating. will allow an ultralight flight instructor proficiency in a particular make and Paragraph (c) (proposed as paragraph who is registered with an FAA- model of light-sport aircraft. As this (b)) is changed to state that, to exercise recognized ultralight organization before recommendation goes against the FAA’s privileges of a flight instructor September 1, 2004 to apply for a flight long-standing policy against self- certificate in a category, class, or make instructor certificate with a sport pilot endorsements, the FAA is also not and model of light-sport aircraft for rating and receive credit for experience adopting this commenter’s which one is not currently rated, a and training successfully completed recommendation. person must meet all applicable with the ultralight organization. The Other commenters questioned the requirements specified in § 61.419 to FAA believes that the provisions of this ability of the FAA to effectuate a provide training in an additional section respond to commenters’ requests transition from operations conducted category or class of light-sport aircraft. to make the transition from basic and under training exemptions to operations In the NPRM, SFAR No. 89 section advanced ultralight flight instructors to conducted in accordance with subpart 151(b) referenced sections 127 and 129; flight instructors with a sport pilot K. In the final rule, the FAA is however, section 129 is not being rating simple and reasonable. establishing an effective date for adopted and therefore paragraph (c) One commenter stated that the FAA compliance, which will permit current only pertains to § 61.419, which should not require ultralight instructors ultralight flight instructors to become corresponds to SFAR No. 89 section who have thousands of flight hours of flight instructors with a sport pilot 127. ultralight flight time to obtain additional rating and exercise the privileges of that training. The FAA believes that this certificate in appropriately certificated Changes section addresses the commenter’s aircraft without disrupting current The provisions of section 151 of concern, as it provides registered training programs. proposed SFAR No. 89 are transferred to ultralight instructors with FAA- The FAA originally proposed that any § 61.429 with changes. recognized ultralight organizations a registered ultralight instructor with an In the introductory text of the section, means to obtain flight instructor FAA-recognized ultralight organization the words ‘‘a commercial pilot certificates with a sport pilot rating would have up to 36 months after the certificate with an airship rating, or a without meeting the requirements effective date of the final rule to apply commercial pilot certificate with a specified for other applicants. for a flight instructor certificate with a balloon rating issued under this part’’ A number of commenters sport pilot rating and receive credit for are added. recommended that ultralight instructors experience and training successfully In paragraph (a) (proposed as not take knowledge tests for both the completed with the ultralight paragraph (a)(1)), the words ‘‘* * *on sport pilot certificate and a flight organization. Upon further your existing pilot certificate and flight instructor certificate with a sport pilot consideration, the FAA concluded that instructor certificate when exercising rating. Other commenters recommended it would be in the interest of safety, your flight instructor privileges’’ are that transitioning ultralight flight fairness, and ease of administration to changed to read, ‘‘* * *on your flight instructors not be required to take any limit this provision to ultralight instructor certificate, commercial pilot knowledge test. To ensure instructors registered with those certificate with an airship rating, or standardization, the FAA requires all organizations on or before September 1, commercial pilot certificate with a applicants for an underlying pilot 2004, but provide them with a period of balloon rating, as appropriate, when certificate to take the specific 36 months to avail themselves of the

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provisions of this section. Once the rule Many commenters were concerned V.6. Part 65—Certification: Airmen is effective, the minimum requirements about the added cost and burden this Other Than Flight Crew Members established in § 61.411 must be met by requirement would present. The FAA Section 65.85 Airframe Rating; all applicants for a flight instructor again agrees with the comments and is Additional Privileges; and Section 65.87 certificate with a sport pilot rating who replacing the requirement for a were not registered ultralight instructors Powerplant Rating; Additional notarized document with a requirement Privileges on or before September 1, 2004. The that an applicant provide the FAA with FAA believes it is both unnecessary and a certified copy of his or her ultralight The FAA did not propose to amend not in the interest of safety to permit pilot records from the FAA-recognized §§ 65.85 and 65.87. They are amended these ultralight instructors to meet the ultralight organization. in the final rule to allow appropriately provisions of this section in lieu of the certificated mechanics with an airframe more stringent requirements of other Proposed paragraph (e)(2) is changed or powerplant rating the additional sections in subpart K. in paragraph (d)(2) of the final rule to privilege of performing and inspecting As proposed, ultralight flight require that documents provided by an major repairs and major alterations to instructors who are registered with an applicant for a flight instructor light-sport aircraft issued a special FAA-recognized ultralight organization certificate with a sport pilot rating airworthiness certificate in the light- on the effective date of the rule would indicate that the person is recognized to sport category and approving them for have had 36 months after the effective operate and provide training in the return to service. This privilege to date of the final rule to apply for a flight category and class of aircraft for which perform and inspect major repairs and instructor certificate with a sport pilot instructional privileges are sought. This major alterations and approve a product rating and receive credit for meeting the change corresponds to a similar change or part for return to service on a light- aeronautical knowledge, flight made in § 61.329. sport aircraft is limited to products and proficiency, and aeronautical parts that are not produced under an experience requirements of subpart K. Changes FAA approval, such as those built under The final rule continues to extend this a light-sport aircraft manufacturer’s privilege to ultralight flight instructors The provisions of section 153 of proposed SFAR No. 89 are transferred to consensus standard. This rule change registered with an FAA-recognized gives the airframe- or powerplant-rated § 61.431. The section is reorganized for ultralight organization on or before mechanic the same privilege to perform clarity, and the following changes are September 1, 2004, but not to those and inspect major repairs and major made. registered after that date. All applicants alterations on special light-sport aircraft must satisfactorily complete both FAA In the introductory text, the words that this rule grants a repairman (light- knowledge tests and practical tests. ‘‘not later than [Date 36 months after the sport aircraft) with a maintenance Consistent with the change in effective date of the final rule], and you rating. § 61.303, the words ‘‘a current want to apply for a flight instructor recreational pilot certificate and meet This privilege is not extended to certificate with a sport pilot rating’’ are the requirements of § 61.101 (c)’’ are major repairs and major alterations added to paragraph (a). As recreational changed to ‘‘on or before September 1, performed on products produced under pilots who meet the requirements of 2004, and you want to apply for a flight an FAA approval. A mechanic with an § 61.101(c) have met aeronautical instructor certificate with a sport pilot airframe or powerplant rating cannot knowledge, flight proficiency, and rating, not later than January 31, 2008.’’ approve a product or part for return to aeronautical experience requirements In paragraph (a) of the final rule, the service after performing and inspecting equal to or greater than those required words ‘‘a current recreational pilot a major repair or major alteration on a product produced under an FAA of sport pilots, the FAA contends it certificate and meet the requirements of approval. This work must be performed would be inappropriate to preclude § 61.101(c)’’ are added. these pilots from obtaining a flight in accordance with part 43 and other In paragraph (b), the reference to instructor certificate with a sport pilot applicable provisions of part 65. rating. ‘‘experience requirements’’ is changed The rule also requires that any major In the final rule, the FAA is clarifying in the final rule to include ‘‘the repair or major alteration performed on the reference to ‘‘experience aeronautical knowledge requirements a product or part not produced under an requirements’’ in paragraph (b). The specified in § 61.407, the flight FAA approval installed on a special revision specifies that an applicant need proficiency requirements specified in light-sport aircraft be performed in not meet the aeronautical experience § 61.409, and the aeronautical accordance with the manufacturer’s requirement specified in § 61.407, the experience requirements specified in instructions or instructions developed flight proficiency requirements § 61.411.’’ by a person acceptable to the FAA. specified in § 61.409, and the In paragraph (d) (proposed as Changes aeronautical experience requirements paragraph (e)), the requirement to specified in § 61.411. The FAA notes ‘‘obtain and present upon application a Sections 65.85 and 65.87 are each that an applicant is still required to notarized copy’’ is changed to ‘‘submit amended by designating the existing meet the minimum flight time a certified copy.’’ text as paragraph (a), inserting the requirements in the category and class words, ‘‘Except as provided in of light-sport aircraft for which Proposed paragraph (e)(2) is changed paragraph (b) of this section’’ at the privileges are sought. This revision is in paragraph (d)(2) of the final rule to beginning of paragraph (a), and adding consistent with terminology used in part require that documents provided by an new paragraph (b) to permit 61. applicant for a flight instructor appropriately certificated mechanics to As discussed in § 61.329, the FAA certificate with a sport pilot rating perform and inspect major repairs and received many comments regarding the indicate that the person is recognized to major alterations on products not requirement for notarized operate and provide training in the produced under an FAA approval documentation of experience from the category and class of aircraft for which installed on a special light-sport aircraft, FAA-recognized ultralight organization. flight instructor privileges are sought. as discussed above.

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Section 65.101 Eligibility from performing preventive FAA agrees. The final rule includes a Requirements: General maintenance on their aircraft. This rule requirement that an applicant must take The FAA did not receive any establishes a repairman certificate (light- a training course. This training course comments on this section. sport aircraft) with two ratings— should contain a written test that the inspection and maintenance. The rule applicant should pass with a minimum Changes sets the training required to qualify for score of 80%. This is discussed in The proposed rule is adopted without a repairman certificate (light-sport further detail later in this section. The substantive change. aircraft) with an inspection rating at 16 test will include the areas of the general hours. The training required for a knowledge section of the mechanic Section 65.103 Repairman Certificate: repairman (light-sport aircraft) certificate written test that are Privileges and Limitations certificate with a maintenance rating, as applicable to light-sport aircraft that The FAA did not propose any adopted in this final rule, depends on have been issued a special airworthiness amendments to this section. The NPRM, the class of aircraft the individual certificate for either experimental or however, included a proposed repairman wants to maintain. The FAA special light-sport aircraft. exception to this section in § 65.107(d). had to establish a training requirement As adopted in this final rule, the It provides that § 65.103 does not apply for light sport aircraft repairman required hours of training for a to the holder of a repairman certificate certificates because, unlike a builder of repairman (light-sport aircraft) (light-sport aircraft) while that an amateur-built aircraft, the light-sport certificate with a maintenance rating repairman is performing work under aircraft owner cannot show that he or will depend on the class of light-sport that certificate. The more appropriate she manufactured the major portion of aircraft the applicant intends to work location for this exception is in a new the aircraft, and therefore cannot show on. This rating will allow the repairman paragraph (c) of § 65.103. Placing this that he or she would have the skills to perform annual condition inspections exception as new paragraph (c) of necessary to inspect and maintain the on both experimental and special light- § 65.103 parallels the structure of light-sport aircraft. sport aircraft, 100-hour inspections on paragraph (b) in § 65.101, which The FAA notes that this rule will not special light-sport aircraft used for flight includes a provision stating that the prohibit owners from performing training and towing, and maintenance section does not apply to the issuance maintenance on experimental light- on special light-sport aircraft. Since the of repairman certificates (experimental sport aircraft. Owner-performed aircraft a repairman with a maintenance aircraft builder) under § 65.104. The maintenance is allowed. However, all rating will work on may be used for FAA is making this editorial revision in experimental light-sport aircraft flight training or towing, and are this final rule. operating limitations will require that typically operated for compensation or an annual condition inspection be hire, the FAA believes that more Changes performed. The rule allows an owner of training should be required for these The provisions of proposed an experimental light-sport aircraft to repairmen than for repairmen with an § 65.107(d) are added as new paragraph perform this inspection only if he or she inspection rating. (c) of § 65.103 in the final rule. has obtained a repairman certificate A couple of commenters suggested (light-sport aircraft) with an inspection that the requirements might force Section 65.107 Repairman Certificate rating. To obtain the certificate, an existing ultralight repairmen to work (Light-Sport Aircraft): Eligibility, applicant must complete an FAA- outside the rules or go out of business. Privileges and Limits accepted 16-hour course on inspecting The FAA disagrees. The rule will Under § 65.107, the FAA proposed the same class of light sport aircraft for standardize maintenance only within requirements for acquiring a repairman which the person intends to exercise the the special and experimental light-sport (light-sport aircraft) certificate. The FAA privileges of the certificate and rating. aircraft community and does not impact received numerous comments on this The repairman certificate with an those individuals who perform work on proposed section. inspection rating will authorize the ultralight vehicles operated under part A few commenters felt that the lack of owner to sign off the annual condition 103. clear guidelines for this section made it inspection for his or her own light-sport A few commenters expressed concern difficult to comment on its viability. aircraft issued an experimental over the impracticality of requiring One organization reserved opinion on certificate under § 21.191(i). If an repairmen to be certificated on each this section, stating that it could not individual wants to maintain other make and model of aircraft they intend properly comment until reviewing the light-sport aircraft as well, he or she to maintain. The FAA agrees. The FAA consensus standards that would control must earn a repairman (light-sport believes that the differences between implementation of this rule. The FAA aircraft) certificate with a maintenance makes and models of aircraft within a addresses this comment in the rating. That person must take an FAA- specific class of aircraft are not discussion of the definition of accepted course that addresses extensive enough to require an ‘‘consensus standard’’ under § 1.1. maintenance of the particular class of applicant for a repairman certificate Several commenters expressed aircraft that he or she desires to work with an inspection rating to successfully concern that the FAA has been allowing on. complete a training course for each repairman standards to steadily decline The NTSB commented that, although specific make and model of aircraft on over the years, and that the proposed the FAA referred to minimum training which that person intends to perform rule would only further compromise and testing requirements in the NPRM, work. Rather than requiring applicants safety. The FAA disagrees and points no test requirement was specified. The for a repairman certificate (light-sport out that the privileges and limitations NTSB stated that applicants for a aircraft) with an inspection rating to for repairmen found in part 65 have not repairman certificate should be required complete training on each make and changed since 1980. to pass a written examination before model of aircraft on which they intend Some commenters felt that the being awarded a maintenance rating, to perform work, the FAA is requiring maintenance training course hour and that that test should include the training to be completed for each class requirements were excessive and would general knowledge section of the of aircraft. Although the FAA proposed inhibit owners of light-sport aircraft mechanic certificate written test. The that persons seeking repairman

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certificate (light-sport aircraft) with a • Include additional training of aircraft, he or she will have to take maintenance rating complete a course elements, to address items such as type- another FAA-acceptable course for that on the requirements of a particular certificated engines, floats, and specific class of aircraft. category of light-sport aircraft, the FAA composite structures. Furthermore, this rule does not allow recognizes that, when applied to aircraft • Provide more in-depth training on a repairman (light-sport aircraft) to certification, the use of the term ‘‘class’’ items such as two- and four-cycle perform major repairs, such as welding is more appropriate and consistent with engines, and electrical systems. of tubing and exhaust systems unless the change made for persons seeking a On the other hand, the FAA believes that repairman has received additional repairman certificate (light-sport that 80 hours of training is adequate to training acceptable to the FAA, such as aircraft) with an inspection rating. perform the annual condition inspection training from a manufacturer or other Commenters were divided on whether and routine maintenance, as defined in industry-accepted training providers or not the 16-hour training course the manufacturer’s maintenance and prior to performing the work. requirement for a repairman (light-sport inspections procedures for gliders and The FAA will look at five areas in aircraft) with an inspection rating lighter-than-air aircraft. deciding whether to accept a training should be limited to providing While even these increases in training course design. They are: • privileges for a specific make and model hours will not satisfy all commenters, The recommended passing grade for of experimental light-sport aircraft. the FAA took into consideration that it the written test in a training course is 80 takes fewer skills generally to maintain Some thought it was too long; others percent. light-sport aircraft than other more • thought it was too short. The 16-hour All training should be taught to a complex aircraft. For example, it takes inspection training course is designed to level 3 standard. Level 3 training is less than 2 hours to remove and replace train an individual owner with no training in which the student actually the fabric, or sails, on the wings of many background in aviation maintenance or performs a task with supervision or light-sport aircraft. In comparison, inspection to perform a satisfactory additional instruction. replacing the fabric on the wings of an • All courses should meet the annual condition inspection on his or aircraft type-certificated under CAR 3 training guidance in FAA advisory her experimental light-sport aircraft takes a week or more because of the material or its educational equivalent, and, on the basis of that inspection, number of steps involved. The and each course must be accepted by make a determination if that aircraft is additional training time required for the FAA. safe to fly. The FAA understands that airplane, weight-shift-control aircraft, • The course outline should include some individuals may have more and powered parachute classes will training on multiple aircraft within the aviation maintenance experience than ensure that FAA-approved products, same class of light-sport aircraft. others, and part of the 16-hour course such as type-certificated engines and Maintenance subjects such as engine they would take may be a review, and propellers, will be properly maintained theory, inspection, repair, that other individuals taking the and inspected to an FAA performance troubleshooting, servicing, propeller, training would be receiving new standard and properly recorded in the weight and balance, rigging, fuel and information. While some individuals aircraft records. lubricating systems, flight controls, will be covering previously learned Commenters pointed out that the landing gear, electrical system, ballistic material, the FAA believes that to proposed 80-hour training requirement parachutes, and structural repairs for perform an annual condition inspection for a repairman (light-sport aircraft) several makes and model aircraft will be on an experimental light-sport aircraft, with a maintenance rating compares covered. Applicable Federal aviation 16 hours is the minimum amount of poorly with the 1,900 hours of required regulations will also be taught. training required to properly train a training for an airframe and powerplant • The student will have to pass a final person with no prior aviation rating at a part 147 aviation written test on all subjects covered maintenance experience. maintenance technician school. The before a certificate of training will be Several commenters thought that the FAA notes that the required airframe issued by the training facility. maintenance training course hour and powerplant curriculum subjects in While the FAA considers the number requirements proposed in NPRM were appendix B of part 147 includes many of training hours adequate at this point too low to ensure safety. The FAA technical subjects that are not relevant in time, FAA may amend the regulation agrees that the required number of hours to light-sport aircraft (for example, if the number of training hours or to obtain a repairman (light-sport turbine and radial engine maintenance, subjects taught are found insufficient to aircraft) certificate, as proposed, would engine overhauls, autopilots, ice ensure aviation safety. now be insufficient for some classes of protection, cabin pressurization Several commenters wanted the FAA aircraft because the changes adopted in systems, helicopter maintenance, to extend repairman (light-sport aircraft) this final rule will increase the use of constant speed propellers, propeller privileges to experimental, amateur FAA-approved products on special governors, turbo chargers, built or older type-certificated aircraft. It light-sport aircraft. To exercise the superchargers, and turbine driven is not within the scope of this privileges of a repairman certificate with auxiliary power units). In addition, rulemaking to extend repairman (light- a maintenance rating on aircraft having while a mechanic with an airframe and sport aircraft) privileges to those a special airworthiness certificate in the powerplant rating is trained on all performing work on aircraft other than light-sport category, airplane class, the aircraft types a repairman (light-sport experimental or special light-sport FAA is requiring 120 hours of FAA- rating) with a maintenance rating is aircraft. accepted maintenance training, and 104 trained in one class of aircraft such as Since the FAA revised part 43 to hours of FAA-accepted maintenance powered parachutes, weight-shift- make it applicable to special light-sport training for weight-shift-control and control aircraft, or airplanes, so the aircraft, in paragraph (c) of the final powered parachute classes. These number of training hours can be rule, the FAA must revise the privileges additional hours are needed to: significantly reduced to address only of a person holding a repairman • Address part 39 and part 43 that class of aircraft. If the repairman certificate (light-sport aircraft) with a requirements for FAA-approved with a maintenance rating wants to maintenance rating to recognize that the products. become rated in another light-sport class person will be performing maintenance

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on special light-sport aircraft in sport aircraft’’ are changed to ‘‘class of aircraft or part thereof unless that accordance with part 43. The FAA has experimental light-sport aircraft.’’ person has previously performed the therefore included the term ‘‘approve In paragraph (a)(3)(ii), the term work concerned satisfactorily. That and return to service’’ when addressing ‘‘category of light-sport aircraft’’ is paragraph also permits a person who maintenance, preventive, and changed to ‘‘class of light-sport aircraft.’’ has not previously performed that work alterations performed by a repairman In addition, the requirement to complete to show the ability to do the work by certificate (light-sport aircraft) with a ‘‘an 80-hour training course’’ is changed performing it to the satisfaction of the maintenance rating. The FAA is also to a requirement to complete a 120-hour FAA or certain specified certificate revising the rule to clarify that the training course for airplane class holders. It also requires the repairman to holder of a repairman certificate (light- privileges, a 104-hour training course understand the current instructions of sport aircraft) with a maintenance rating for weight-shift-control aircraft and the manufacturer and the maintenance may perform both the annual condition powered parachute class privileges. manuals for the specific operation inspection and the 100-hour inspection In paragraph (b), the words ‘‘may concerned prior to exercising certificate required by § 91.327. In addition, the perform a condition inspection on an privileges. FAA is revising the privileges of this aircraft’’ are changed to ‘‘may perform V.7. Part 91—General Operating and repairman to include performing major an annual condition inspection on a Flight Rules repairs and major alterations on light-sport aircraft.’’ In addition, the products not produced under an FAA reference to make and model in V.7.A. Part 91—General Issues proposed paragraph (b) is changed to approval that have been installed on Some commenters expressed concern special light-sport aircraft. This class in paragraph (b)(3) of the final rule. that a light-sport aircraft with operating privilege is also discussed under part 43 limitations permitting flights into Class above. Proposed paragraph (c) is divided into paragraphs (c)(1) through (c)(3) in the B, C, and D airspace would not have the The FAA is also added new paragraph final rule. In addition, the words same equipment and inspection (d) to prohibit a repairman (light-sport ‘‘perform maintenance on a light-sport requirements as standard category aircraft) with a maintenance rating from aircraft that has a special airworthiness aircraft. It was not the FAA’s intent to approving for return to service any certificate issued under § 21.186 or except light-sport aircraft from part 91 aircraft or part thereof unless that § 21.191(i) of this chapter’’ are changed requirements with regard to required person has previously performed the in paragraph (c)(1) to ‘‘approve and equipment to operate in Class B, C, or work concerned satisfactorily. This return to service an aircraft that has D airspace. The FAA notes that the paragraph is added as a result of been issued a special airworthiness provisions of §§ 91.129, 91.130, and revisions making part 43 applicable to certificate in the light-sport category 91.131 will continue to apply to light- special light-sport aircraft and contains under § 21.190 of this chapter, or any sport aircraft operated in Class B, C, and language similar to that contained in part thereof, after performing or D airspace. However, the provisions of current § 65.81, which addresses the inspecting maintenance (to include the § 91.205 will not apply to experimental general privileges and limitations of annual condition inspection and the or special light-sport aircraft. That mechanics. It differs from that language 100-hour inspection required by section only applies to powered civil to the extent that it does not permit a § 91.327 of this chapter), preventive aircraft with a standard category U.S. repairman (light-sport aircraft) with a maintenance, or an alteration (excluding airworthiness certificate. To ensure that maintenance rating to supervise work a major repair or a major alteration on special light-sport aircraft are performed by other persons. Similarly, a a product produced under an FAA appropriately equipped for the various person who has not previously approval).’’ types of operations for which they may performed that work may show the In paragraph (c)(2), the words be used, the FAA has revised the ability to do the work by performing it ‘‘perform the annual condition definition of ‘‘consensus standard’’ in to the satisfaction of the FAA or certain inspection on a light-sport aircraft that § 1.1 to include a requirement that the specified certificate holders. has been issued an experimental standard address minimum equipment The rule is also revised in paragraph certificate for operating a light-sport requirements. Any aircraft built under a (d) of the final rule to require that a aircraft under § 21.191(i) of this consensus standard will therefore have repairman (light-sport aircraft) with a chapter’’ are added. to meet the minimum equipment maintenance rating understand the In paragraph (c)(3) of the final rule, requirements prescribed by that current instructions of the manufacturer the provisions proposed paragraph (c) standard to be certificated as a special and the maintenance manuals for the regarding training requirements are light-sport aircraft. The equipment specific operation concerned prior to revised to read ‘‘only perform requirements for experimental light- exercising certificate privileges. This maintenance, preventive maintenance, sport aircraft remain identical to current provision is identical to language found and an alteration on a light-sport aircraft part 91 requirements. in current § 65.81(b), which sets forth that is in the same class of light-sport Light-sport aircraft issued an the privileges and limitations of a aircraft for which the holder has experimental light-sport or special light- person holding a mechanic certificate completed the training specified in sport airworthiness certificate that are and is similar to provisions contained in paragraph (a)(3)(ii) of this section. authorized to operate in Class B, C, and § 65.103(b) for repairmen. The new Before performing a major repair, the D airspace must have the equipment for provision is included because a holder must complete additional VFR or IFR operations specified in the repairman (light-sport aircraft) with a training acceptable to the FAA and applicable consensus standards and any maintenance rating may perform work appropriate to the repair performed.’’ other equipment specified by the and approve special light-sport aircraft Proposed paragraph (d) is adopted as operating requirements contained in for return to service under part 43. paragraph (c) of § 65.103. subpart C of part 91. In addition, aircraft A new paragraph (d) is added in the that operate under IFR must comply Changes final rule to prohibit a repairman (light- with the altimeter tests and inspections In paragraph (a)(2)(ii), the words sport aircraft) with a maintenance rating required by § 91.411. Aircraft required ‘‘make and model of experimental light- from approving for return to service any to have a transponder must comply with

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the tests and inspections required by instruction without access to the Section 91.131 Operations in Class B § 91.413. These inspections and tests throttle, engine kill switch, and steering Airspace must be performed and approved in lines by both the instructor and student There were several comments accordance with appendixes E and F of pilot. expressing concern about the operation part 43. V.7.B. Part 91—Section-by-Section of light-sport aircraft in Class B, C, and The FAA received comments D airspace. Commenters stated that the suggesting that light-sport aircraft Discussion operation of slower light-sport aircraft should not be required to have Section 91.1 Applicability in close proximity to faster general emergency locator transmitters (ELTs). The FAA did not receive any aviation and commercial aircraft could ELT equipment requirements are comments on this section. pose difficulty for air traffic controllers. specified in § 91.207 and apply to In response to these comments, the FAA certain U.S.-registered civil airplanes Changes is changing the final rule to provide and operations. The regulatory The proposed rule is adopted without that, like a student pilot, a sport or a requirements for ELTs are mandated by change. recreational pilot will not be authorized 49 United States Code section 44712. to fly in Class B airspace associated with The FAA cannot modify § 91.207 to Section 91.113 Right-of-Way Rules: contradict provisions contained in the Except Water Operations those airports listed in part 91, appendix D, section 4. As discussed U.S. Code. One commenter asked what rights the under ‘‘V.5.A.v. Changes to Airspace Section 91.207 applies to U.S.- new light-sport aircraft category will Restrictions,’’ the FAA is also amending registered civil airplanes, and not to all have under the right-of-way rules. The part 61 to provide that sport pilots aircraft; therefore, some light sport right-of-way rules for light-sport aircraft operating in airspace having operational aircraft will not be required to comply will depend upon the category and class control towers must receive appropriate with that section. Section 91.207 also of aircraft operated. No distinction will contains several provisions excepting training to operate in that airspace. be made for light-sport aircraft, other Some commenters noted that some airplanes and operations from its than that based upon category and class. coverage. An example particularly recreational pilots should be extended See the discussion of § 91.113 in the the same privileges under this section as relevant to light-sport aircraft is the NPRM. exception for aircraft equipped to carry sport pilots, given that recreational not more than one person. The final rule Changes pilots are required to meet more does not modify ELT requirements, as The proposed rule is adopted without extensive training and proficiency those requirements are mandated by change. requirements. The FAA agrees and is statute. Owners and operators should revising this section to extend the same consult § 91.207 to determine if their Section 91.126 Operating on or in the privileges to recreational pilots, aircraft or operation is covered by the Vicinity of an Airport in Class G provided the recreational pilot has met requirement. Airspace either the requirements of § 61.101(d) or Several commenters wanted the FAA One commenter suggested that it is § 61.94. Current § 91.131(b) addresses to amend § 91.215, ATC transponder unsafe to allow the operation of light- pilot requirements for operations at an and altitude reporting equipment and sport aircraft in a traffic pattern with airport within Class B airspace or within use, so that transponders would not be general aviation aircraft traveling at Class B airspace. Paragraph (1)(ii) required for light-sport aircraft. The higher speeds. The FAA does not agree. addresses two types of pilots—student FAA does not agree with the The FAA currently allows these pilots, and recreational pilots seeking commenters. Section 91.215 applies to operations by powered parachutes, private pilot certification who have met all aircraft when flying in certain weight-shift-control aircraft and other the requirements of § 61.95. In this final airspace, unless a specified exception light-sport aircraft. This practice has not rule, provisions for persons with at least applies. Those who wish to operate proven unsafe, although it does require a private pilot certificate remain in light-sport aircraft must meet the good operating procedures and (b)(1)(i). Recreational pilots are provisions of § 91.215. The manner in practices. It requires that pilots have addressed in (b)(1)(ii) and, in response which an aircraft is certificated, its adequate training on operations at to comments, the FAA is expanding operational parameters, and the training towered and non-towered airports their privileges to match those for sport received by the pilot operating that where the mix of traffic can range from pilots, provided they receive the aircraft does not change the FAA’s a slow J–3 Cub or Flightstar to a Citation training specified in § 61.101(d) or underlying rationale for the jet. The FAA is reviewing Advisory § 61.94. A new paragraph (b)(1)(iii) implementation of § 91.215. Circulars and the Aeronautical contains the proposed provision for Two commenters suggested that Information Manual to ensure that they sport pilots and also includes a paragraph (a) of § 91.109, Simulated adequately address procedures for provision to permit the person to instrument flight instruction, be revised weight-shift-control, powered operate at an airport in Class B airspace to add a specific definition of dual parachutes and other light-sport aircraft. or within Class B airspace if that person controls for powered parachutes, given Another commenter suggested that it has met either the requirements of the unique method of controlling those is unsafe to allow the operation of § 61.325 or the requirements for a aircraft. They requested that ‘‘in the case powered parachutes in a traffic pattern student pilot seeking a recreational pilot of a powered parachute, full dual with general aviation aircraft traveling certificate under § 61.94. New paragraph controls are defined as a configuration at higher speeds. The FAA notes that (b)(1)(iv) provides similar privileges to a that allows, while in flight, for the both the proposed and final rule require student pilot who has met either the instructor and student to manipulate powered parachutes to avoid the flow of requirements of § 61.94 or § 61.95, as throttle, engine kill switch, and steering fixed-wing aircraft. applicable. lines.’’ The FAA does not believe a Proposed paragraph (b)(2) is revised change to the rule is necessary. The Changes to remove the proposal to permit a sport FAA believes that a prudent flight The proposed rule is adopted without pilot to operate an aircraft at those instructor would not provide flight change. airports listed in part 91, appendix D,

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section 4. This change is discussed in installed. To be operated between language to change the words ‘‘or light- ‘‘V.5.A.v. Changes to Airspace sunset and sunrise, aircraft must have sport aircraft’’ to ‘‘powered parachute or Restrictions.’’ the aircraft lights required by § 91.209, weight-shift-control aircraft.’’ and pilots must be authorized to Changes Changes conduct night operations. Additionally, Paragraph (b)(1)(i) of current § 91.131 special light-sport aircraft consensus The proposed rule is adopted without is revised by deleting the word ‘‘or.’’ standards will be required to address change. Current paragraph (b)(1)(ii) is changed minimum equipment requirements for in the final rule to include requirements Section 91.309 Towing: Gliders and VFR night operations. Experimental Unpowered Ultralight Vehicles for holders of a recreational pilot light-sport aircraft minimum equipment certificate. The current requirements for requirements for these operations will The FAA received numerous student pilots are removed and placed be specified in their operating comments on eliminating towing in new paragraph (b)(1)(iv). limitations. A sport pilot is not exemptions from §§ 91.309 and 103.1(b) Proposed paragraph (b)(1)(ii) is authorized to operate at night, and a and incorporating the provisions of the reformatted and redesignated as recreational pilot is not authorized to exemptions in the final rule. Although (b)(1)(iii) in the final rule, now operate between sunset and sunrise. A not proposed, the FAA is amending containing subparagraphs (b)(1)(iii)(A) private pilot who does not have a night § 91.309 to establish operational and (B). In final rule paragraph flying prohibition on his or her pilot requirements for towing an unpowered (b)(1)(iii)(A), the proposed reference to certificate may operate a light-sport ultralight vehicle by a civil aircraft. ‘‘section 81 of SFAR 89’’ is changed to aircraft at night if the aircraft is properly Current section § 91.309 only addresses ‘‘§ 61.325 of this chapter.’’ In addition, equipped. The FAA notes that § 61.110 requirements for the towing of gliders in final rule paragraph (b)(1)(iii)(B), the is revised to permit a person to be by civil aircraft. Since § 61.69 is words ‘‘the requirements for a student issued a private pilot certificate with a amended to establish specific pilot seeking a recreational pilot rating in weight-shift-control aircraft, experience and training requirements certificate in § 61.94 of this chapter’’ are powered parachutes, or gyroplanes, for pilots towing unpowered ultralight added. even if that person has not completed vehicles, the FAA believes it is also Paragraph (b)(1)(iv), based partially on the night flight training requirements for appropriate to establish specific current (b)(1)(2), is added to address the the issuance of the certificate and rating. requirements to operate a civil aircraft requirements for student pilots to The certificate will, however, carry the towing an unpowered ultralight vehicle. operate at an airport in Class B airspace limitation ‘‘Night flying prohibited.’’ These new operational requirements for or within Class B airspace. See § 61.110 for further discussion. towing unpowered ultralight vehicles Paragraph (b)(2) is changed by are identical to current operational Changes revising the proposed reference requirements for towing gliders. Prior to ‘‘paragraph (b)(1)(iii) of this section’’ to In paragraph (b)(2), the words this rule, both § 61.69 and § 91.309 only read ‘‘paragraphs (b)(1)(ii), (b)(1)(iii) and ‘‘between 1 and 3 statute miles’’ are contained requirements addressing the (b)(1)(iv) of this section.’’ In addition, changed to ‘‘less than 3 statute miles but towing of gliders. See discussion of the proposed words ‘‘or a sport pilot not less than 1 statute mile.’’ § 61.69 above. certificate and has met the requirements Section 91.213 Inoperative Changes of section 81 of SFAR 89’’ are removed. Instruments and Equipment In § 91.309, the section heading, and Section 91.155 Basic VFR Weather The FAA received two comments on paragraphs (a) introductory text, (a)(3), Minimums this section. One commenter asked if (a)(5), and (b) are amended by adding One commenter expressed concern light-sport aircraft must meet the the words, ‘‘or unpowered ultralight that VFR operations would be permitted instrument requirements of § 91.213. vehicle’’ after the word ‘‘glider.’’ at night and without lights. The Yes, light-sport aircraft must meet the commenter suggested the rule be provisions of § 91.213. Section 91.319 Aircraft Having amended to prohibit VFR operation of Another commenter believed that all Experimental Certificates: Operating light-sport aircraft between sunrise and light-sport aircraft, except powered Limitations sunset, unless the aircraft were parachutes and weight-shift-control Section 91.319(a)(2) of the NPRM equipped with anti-collision lights aircraft, are already included in current proposed an exception to the limitation visible for at least 3 statute miles. If an § 91.213(d)(1)(i), and, therefore, on the use of aircraft with an aircraft were equipped with such lights, paragraph (d) should be amended to experimental certificate issued under the commenter suggested, the FAA change the words ‘‘or light-sport § 21.191(i)(1) for carrying persons or should allow VFR operations 30 aircraft’’ to say ‘‘powered parachute or property for compensation or hire. The minutes before sunrise and 30 minutes weight-shift-control aircraft.’’ The FAA exception would have allowed flight after sunset. The FAA notes that the agrees that the current § 91.213(d) does training in these aircraft for provisions of current § 91.209 apply to not specifically address powered compensation or hire for an indefinite all aircraft, to include light-sport parachutes or weight-shift-control period. aircraft. aircraft. As stated in the notice, the FAA As discussed more fully under Other commenters said that powered intends that the provisions of § 91.327, the FAA is modifying how parachutes and weight-shift-control § 91.213(d) apply to all the kinds of operations for compensation or hire are aircraft are generally not safe for night light-sport aircraft to include powered addressed in the final rule. As a result, operations without altitude instruments, parachutes and weight-shift-control the FAA is not adopting (a)(2) as even under VFR conditions, and aircraft. However, to ensure that the proposed, but instead is adopting a recommended they be eliminated from provisions of this section apply to provision in new paragraph (e) that § 91.155. powered parachutes and weight-shift- addresses operations conducted for The FAA agrees with comments that control aircraft that may exceed the compensation or hire and is not limited night operations are unsafe for any parameters of the light-sport aircraft, the to the carriage of persons or property for aircraft without proper equipment FAA is revising the proposed rule compensation or hire. Section 91.319(e)

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reflects the FAA’s intent that light-sport Paragraph (h) of the final rule part 103 training exemptions may be aircraft issued an experimental (proposed as paragraph (f)) also is used to conduct flight training for certificate under § 21.191(i) should not revised to require that a request for compensation or hire. The final rule generally be used for compensation or deviation authority contain a extends this period from 36 months to hire. Section 91.319(e) allows justification that establishes a level of 60 months. After this time, these aircraft exceptions to the general rule only for safety equivalent to that provided under will no longer be permitted to be used light-sport aircraft issued an the regulations for the deviation for flight training for compensation or experimental certificate under requested. The FAA has determined that hire. § 21.191(i)(1) when used to tow a glider the specific regulatory language must The additional time provided under or an unpowered ultralight vehicle in require an equivalent level of safety to paragraph (e)(2) for instructors to accordance with § 91.309 or to conduct remain consistent with requirements for provide flight training in these aircraft flight training in an aircraft that the an exemption. This is necessary because for compensation or hire will ease some person conducting flight training this deviation authority process is financial difficulties for those ultralight provides for up to 5 years after the rule intended to supplement the exemption instructors transitioning to FAA- becomes effective. process for this rule and establish a way certificated flight instructors with sport Additionally, § 91.319(f) is modified within the regulatory structure to pilot ratings. to clarify the FAA’s intent that light- approve flight training for compensation The FAA believes that extending the sport aircraft issued an experimental or hire without the need for a person to period during which a person may certificate under § 21.191(i) should not submit a petition for exemption. conduct flight training for compensation generally be used for lease or rental. The FAA received numerous or hire in light-sport aircraft issued an These experimental aircraft are for comments expressing concern about airworthiness certificate under § 21.191(i) will help to decrease the personal use, and do not meet a design curtailing exemptions permitting the financial burden for persons providing standard, nor are they manufactured, or carrying of passengers in two-seat flight instruction in these kinds of maintained at the same level as special ultralight vehicles for compensation or aircraft. This action will provide these light-sport aircraft, primary, or standard hire. Many of these commenters instructors with additional time in category aircraft. Therefore, they should specifically directed their remarks to the which to purchase special light-sport not be made available to general public prohibition of carrying passengers in aircraft to provide flight instruction for lease or rental, except when used to aircraft issued experimental certificates under § 21.191 and the ending of the under the rule, thereby delaying tow a glider that is a light-sport aircraft two-seat ultralight training exemptions replacement costs. In addition, this or unpowered ultralight vehicle. from part 103. Numerous commenters action should further expand the growth Paragraph (f) prohibits a person who stated that completely eliminating the of the industry as a whole. The FAA owns an aircraft issued an experimental operation of two-seat ultralight-like believes this rule may open new certificate under § 21.191(i) from leasing aircraft for compensation or hire after 36 markets, provide more investment that aircraft, except when the aircraft is months appears arbitrary. The FAA capital, and expand the availability of used to tow a glider that is a light-sport notes, however, that the training insurance coverage. These effects will aircraft or unpowered ultralight vehicle. exemptions do not provide authority to allow instructors providing flight The FAA notes that other regulations conduct operations other than flight training in these aircraft to take may also impose additional limitations training in two-seat ultralight-like advantage of the same opportunities as on the use of experimental light-sport aircraft for compensation or hire. other general aviation instructors, such aircraft for compensation or hire, such Some commenters asked about the as those gained from being affiliated as those that specify the privileges of a continuation of existing training with flying clubs or flight schools. For person’s airman certificate and those exemptions for two-place training more information, see the economic that relate to commercial operators. vehicles. After the rule becomes regulatory evaluation, which is in the The FAA stated in the proposed rule effective, the FAA intends to continue public docket for this rulemaking. that aircraft operating limitations would the existing flight training exemptions address the maintenance requirements to provide ultralight flight instructors Changes for these experimental aircraft. with adequate time to transition to the Paragraph (e) (proposed as (a)(2)) is Comments requested that the FAA new system of certificates and ratings added with the following changes. The require increased inspections of these and continue current operations. During words ‘‘carrying persons or property’’ aircraft if they are used for this time, these ultralight flight are removed. In addition, provisions to compensation or hire such as when they instructors should take action to obtain permit towing a glider that is a light- are being used for flight training. The the newly required airman certificates sport aircraft or an unpowered vehicle FAA agrees. Paragraph (g) is added to and those certificates necessary to in accordance with § 91.309 and to specify that experimental light-sport operate their aircraft under the new permit a person to conduct flight aircraft that are used for flight training rules. The FAA does not anticipate training in an aircraft which that person or towing must be inspected by an allowing instructors, other than those provides prior to January 31, 2010. appropriately rated mechanic, afforded relief under the current New paragraph (f) is added to prohibit repairman (light-sport aircraft) with a training exemptions, to avail themselves a person who owns an aircraft issued an maintenance rating, or a repair station of the benefits of these exemptions. New experimental certificate under within the preceding 100 hours of time instructors will have to meet the § 21.191(i) from leasing that aircraft in service. The FAA is adopting this provision of the new rules. The FAA has unless the aircraft is operated in requirement to ensure a higher degree of reissued these part 103 training accordance with new paragraph (e)(1). safety when these aircraft are used for exemptions with an expiration date of New paragraph (g) is added provide compensation or hire. Further, the January 31, 2008. 100-hour inspection requirements for added stress that an aircraft may be Based on the comments, the FAA has aircraft issued an experimental subjected to when used in towing also decided to extend the period during certificate under § 21.191(i)(1) when operations supports additional which aircraft certificated under used to tow gliders that are light-sport inspection requirements. § 21.191(i) and currently operated under aircraft or unpowered ultralight vehicles

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or to conduct flight training for The FAA received several comments The condition inspection required by compensation or hire. requesting that part 43 be used as a this part is a visual inspection to New paragraph (h) (proposed as standard for maintenance and determine if the aircraft is in a condition paragraph (f)) is changed to also require inspections performed on light-sport for safe operation. If the FAA retained that the justification for the request for aircraft. As described in the part 43 the word ‘‘maintenance’’ in the deviation authority must establish a discussion earlier in this preamble, the paragraph, it would imply that level of safety equivalent to that final rule adopts this recommendation. maintenance other than an inspection provided under the regulations for the Section 91.327(b)(1) now requires that could be performed during the course of deviation requested. the aircraft be maintained in accordance an annual condition inspection. All of with the applicable provisions of part 43 these additional maintenance functions Section 91.327 Aircraft Having a and maintenance and inspection such as overhaul, repair, preservation Special Airworthiness Certificate in the procedures developed by the and replacement of parts are not part of Light-Sport Category: Operating manufacturer or a person acceptable to an annual condition inspection. Limitations the FAA. For the purpose of this Second, the words ‘‘person acceptable Purpose (now § 91.327(a)): As section, ‘‘a person acceptable to the to the FAA’’ are included to allow an discussed earlier in § 21.190, the FAA’’ includes the following: individual acceptable to the FAA to • reference to the use of these aircraft for The manufacturer that issued the assume the continued airworthiness statement of compliance. responsibilities for an aircraft design ‘‘sport and recreation’’ has been • removed. Proposed § 91.327(a)(1) Any person who has assumed, and from a manufacturer who is no longer in specified that special light-sport aircraft is properly exercising, the original business or can no longer support the could only be operated for the purpose manufacturer’s responsibility for aircraft. This change will permit a for which the certificate was issued. The carrying out the continued person acceptable to the FAA to develop term ‘‘sport and recreation,’’ however, airworthiness procedures described in inspection procedures for special light- was not defined in the NPRM, and its the consensus standard. sport aircraft that meet the requirements • The holder of an FAA-approved removal from § 21.190 makes it of the consensus standards for that technical standard order (TSO) necessary to specify the operating category of aircraft. authorization, parts manufacturer limitations for these aircraft in this Two commenters expressed concern approval (PMA), type certificate (TC), or paragraph. In revising this paragraph, over the requirement for a condition supplemental type certificate (STC) for the FAA has more clearly specified the inspection once every 12 calendar a product or part installed on the months for individuals living in Alaska. operating limitations that were implied aircraft. They stated that requiring an annual by the use of the term ‘‘sport and • Any person authorized by the condition inspection would pose a recreation.’’ manufacturer to produce modification unique hardship given the difficulty and Section 91.327(a) is modified to or replacement parts in accordance with expense of finding a qualified inspector clarify the FAA’s intent that special the applicable consensus standard in Alaska. The FAA has considered the light-sport aircraft should not generally addressing ‘‘qualification of third-party unique circumstances of persons living be used for compensation or hire. modification or replacement parts.’’ in Alaska, but believes this requirement Section 91.327(a)(1) and (a)(2) allow The term ‘‘person acceptable to the is necessary to provide an adequate exceptions to the general rule only for FAA’’ is not intended to include FAA level of safety. In addition, the towing a glider or an unpowered vehicle designees. Under the terms of their requirement for an annual inspection is and for flight training. The use of delegation, individual FAA designees the same requirement that is imposed special light-sport aircraft to engage in are not authorized to make design on type-certificated and amateur-built towing operations is discussed under changes or other modifications to aircraft. The FAA points out that more § 61.69. aircraft having a special airworthiness persons will be eligible to perform the The FAA is also removing the term certificate in the light-sport category. annual condition inspection of special ‘‘rental’’ because the term Condition inspections (now light-sport aircraft than can perform the ‘‘compensation or hire’’ provides a more § 91.327(b)(2)): In the NPRM, paragraph annual inspection on other aircraft. accurate description under existing (a)(4) would have required a condition Under the rule, a repairman (light-sport interpretations, decisions, and cases of inspection once every 12 calendar aircraft) with a maintenance rating, as those operations the FAA intends to months, in accordance with the aircraft well as a mechanic with an airframe and restrict. This revision does not limit the manufacturer’s maintenance and powerplant rating and a certificated ability of a person to rent a special light- inspection procedures, by a certificated repair station can conduct this annual sport aircraft; however, it does limit repairman with a light-sport aircraft condition inspection. those operations that a person may maintenance rating, an appropriately Safety-of-flight issues (Airworthiness conduct when operating the aircraft. rated mechanic, or an appropriately Directives and Safety Directives) (now Maintenance (now § 91.327(b)(1)): rated repair station. The FAA, upon § 91.327(b)(3) and (b)(4)): Proposed Proposed paragraph (a)(3) addressed further review, is taking out the words paragraph (a)(5) would have required maintenance of light-sport aircraft. In ‘‘in accordance with the aircraft the owner or operator to comply with a the final rule, it is revised and moved manufacturer’s maintenance and program for monitoring and correcting to paragraph (b)(1). The proposal inspection procedures’’ and replacing safety-of-flight issues specified by the prohibited operation of a special light- them with ‘‘in accordance with manufacturer (in the statement of sport aircraft unless the aircraft was inspection procedures developed by the compliance for the aircraft), or by a maintained in accordance with the aircraft manufacturer or a person person acceptable to the FAA. The FAA manufacturer’s maintenance and acceptable to the FAA.’’ expected that any such program would inspection procedures by a certificated This change is being made for two meet a consensus standard, as defined repairman with a light-sport aircraft reasons. First, the FAA wants to clarify in § 1.1. This provision has been revised maintenance rating, an appropriately that only inspection actions, and not and addressed in paragraphs (b)(3) and rated mechanic, or an appropriately other maintenance tasks, are performed (b)(4). The reasons for this are as rated repair station. during an annual condition inspection. follows.

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As proposed, § 91.327 would not have comply with safety directives that safety directive must concur that the specified compliance with ADs on correct unsafe conditions. The method specified is satisfactory. special light-sport aircraft. At the time definition of ‘‘consensus standard,’’ as (2) If the first method is not of the NPRM, it was not expected that specified in § 1.1, requires that the satisfactory, and the owner or operator light-sport aircraft would contain type- standard include provisions for has evidence that the Safety Directive certificated products or other parts maintaining the continued was issued for reasons not related to produced under an FAA-approval. airworthiness of these aircraft. Under safety, the owner or operator may Safety issues would have been this process, a manufacturer, or provide this evidence to the FAA and addressed in safety-of-flight bulletins successor to the manufacturer who is request a waiver to operate the aircraft issued under the consensus standard. responsible for continued airworthiness, without complying with the Safety The FAA stated in the proposed rule must, under § 21.190, monitor and Directive, as specified in that, in lieu of issuing ADs on light- correct safety-of-flight issues through § 91.327(b)(3)(ii). The FAA will sport aircraft, it would rely on certificate the issuance of safety directives. establish a procedure for FAA Aircraft action if public safety required. See the Accordingly, under § 91.327(b)(4), the Certification Service review of waiver discussion of ‘‘continued airworthiness’’ FAA is adopting operating limitations requests. This review will examine under ‘‘Definition of Consensus that require compliance with these whether the manufacturer followed the Standards’’ in § 1.1. The FAA did not Safety Directives. This prohibits the criteria in the consensus standard and entirely, however, preclude the operation of a special light-sport aircraft issued the Safety Directive to correct an possibility of issuing ADs against with a known unsafe condition. The unsafe condition. This waiver request special light-sport aircraft. In the NPRM, final rule also requires compliance with procedure will be described in the the FAA said it would issue ADs for applicable Safety Directives. These guidance material for the rule. special light-sport aircraft if public safety directives may be issued by Alterations (now § 91.327(b)(5)): safety required, or as a consequence of persons other than the manufacturer Paragraph (b)(5) adds a prohibition a serious breakdown in the fulfillment who are acceptable to the FAA, such as against operating a special light-sport of a manufacturer’s responsibility to licensees authorized by the aircraft unless each alteration made after support its aircraft. manufacturer or successors. its date of manufacture meets the applicable consensus standard and has The FAA issues ADs to correct an Safety Directives may be issued only been authorized by either the existing unsafe condition in a product to correct unsafe conditions that are manufacturer or a person acceptable to when the condition is likely to exist or likely to occur in other aircraft of the the FAA. If an aircraft has been develop in other products of the same same make and model. Safety Directives improperly altered, contains type design. They are issued for engines, should not address problems unique to unauthorized parts, or has been repaired propellers, and other products approved a single aircraft, nor should they be used outside the limits specified in the under a TC or an STC, or that are for product improvements or manufacturer’s maintenance and manufactured under a production enhancements. Safety-of-flight certificate, a PMA, or a TSO inspection procedures manual, the determinations are made, and Safety authorization. aircraft will no longer meet the Directives issued, in accordance with As the result of comments on the consensus standard and is not NPRM, the maximum takeoff weight for the consensus standard for continued considered safe to fly. This light-sport aircraft is increased so that airworthiness. Section 91.327(b)(4) determination is similar to that made for products, such as more reliable type- permits, and consensus standard will type-certificated aircraft. A type- certificated engines and propellers, can include, procedures for an owner or certificated aircraft that has been be installed on these aircraft. operator to request approval for other improperly altered, or has unapproved Installation of type certificated engines, means of correcting unsafe conditions parts installed, no longer meets its type propellers and other products described that differ from the means described in design and is considered unairworthy. in the preceding paragraph means that a Safety Directive. This operating limitation is consistent the FAA must address maintenance A special light-sport aircraft will be with the change to the definition of performance and recording procedures considered ineligible for a special light- ‘‘consensus standard’’ in § 1.1, which for complying with ADs issued for such sport category airworthiness certificate includes a requirement that the products if they are installed on special if an applicable Safety Directive or an consensus standard address the light-sport aircraft. This is necessary AD has not been complied with. If an identification and recording of major because such products will have owner or operator decides not to comply repairs and major alterations. See continued airworthiness instructions with a Safety Directive, his or her discussion of ‘‘consensus standard’’ in provided as a part of their FAA aircraft may be re-certificated as an § 1.1 above. This change to § 91.327 also approval. As a result, paragraph (b)(3) experimental aircraft under supports the requirement in adds a requirement that the owner or § 21.191(i)(3). Owners and operators of § 21.181(a)(3)(ii) that a special operator comply with all applicable ADs experimental light-sport aircraft are not airworthiness certificate in the light- for FAA-approved products installed on required to comply with Safety sport category is effective as long as the special light-sport aircraft. Directives. aircraft conforms to its original The FAA notes that an owner or If an operator would like to maintain configuration, except for those properly operator may request an alternate means the special light-sport aircraft authorized alterations performed in of compliance with an AD. An owner or airworthiness certificate without accordance with an applicable operator can contact the FAA person following a Safety Directive, there are consensus standard. whose name is given in the applicable two ways to do this. Major repairs and major alterations AD and ask for approval to correct the (1) The owner or operator may (now § 91.327(b)(6)): The FAA is unsafe condition in a manner different approach the person that issued the changing the definition of ‘‘consensus than required by the AD. Safety Directive and request permission standard’’ in § 1.1 to include a The FAA is adding a requirement in to use a different method to correct the requirement that a consensus standard paragraph (b)(4) that owners or unsafe condition, as specified under address the identification of major operators of special light-sport aircraft § 91.327(b)(3)(i). The person issuing the repairs and major alterations applicable

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to special light-sport aircraft and how Additional Maintenance equipment list. As proposed in § 21.186, those major repairs and major Requirements for Aircraft Used for the FAA would have required a person alterations are recorded. The aircraft Flight Training and Towing (now seeking a special light-sport category consensus standard should allow for the § 91.327(c)): Proposed paragraph (b)(2) airworthiness certificate to submit a identification of major repairs and major would have addressed special pilot operating handbook (renamed alterations by the manufacturer, or inspection requirements for special ‘‘operating instructions’’ in the final person acceptable to the FAA, on parts light-sport aircraft used for flight rule). That handbook, however, would produced under a consensus standard. training. These special requirements not have required FAA approval. In addition, the consensus standard were proposed to insure a higher degree Therefore, current § 91.9, which should identify how major alterations of safety when these aircraft are used for requires compliance with the operating will be authorized by the manufacturer this type of operation. As discussed limitations specified in the approved and how major repairs and alterations above, § 91.327(a) has been changed to flight manual, would not have applied. will be recorded. allow both flight training and towing This provision corrects that oversight The reason the FAA is now requiring gliders and unpowered ultralight and requires a pilot to operate the that manufacturers identify major vehicles as exceptions to the general aircraft in accordance with its operating repairs and major alterations and how prohibition against use of these aircraft instructions. Additionally, the FAA those repairs and alterations will be for compensation or hire. To ensure a notes that these operating instructions recorded is that design data that meets higher level of safety for aircraft used in will specify equipment necessary for the aircraft consensus standard is only operations in which compensation may particular types of flight operations. FAA-accepted data, not FAA-approved be provided, the FAA will require 100- This new requirement is necessary data. Therefore, the FAA is not hour inspections for aircraft used for because § 91.205, which specifies requiring the use of approved data for towing a glider or unpowered ultralight instrument and equipment requirements repairs or alterations on products vehicle for compensation. This new for particular flight operations, does not produced without an FAA approval, or requirement is in addition to the apply to aircraft that are not issued the use of a form that requires the listing originally proposed requirement for a standard airworthiness certificates. of approved data for a major repair or 100-hour inspection when the aircraft is Passenger warnings (now § 91.327(e)): major alteration on products produced used for flight training. Further, the New paragraph (e) of the final rule without an FAA approval and installed FAA believes that added aircraft stress requires that the operator of a special on special light-sport aircraft. placed on these aircraft as a result of light-sport aircraft advise each person of The final rule does not require their use in towing operations the nature of the aircraft, and that it persons performing work on special necessitates this additional inspection does not meet the airworthiness light-sport aircraft to use FAA Form 337 requirement. requirements for an aircraft issued a for major repairs and major alterations As originally proposed, paragraph standard airworthiness certificate. The on products produced without an FAA (b)(2) would have required one type of requirement for passenger warning is approval, as required by §§ 43.5(b) and inspection within 100 hours of time in consistent with the warning 43.9(d). They do not have to use the list service. That inspection requirement is requirements for other non-type- of major repairs and major alterations in contained in paragraph (c)(1) of the final certificated aircraft, but was part 43 appendix A sections (a) and (b) rule. Paragraph (c)(2) is added in the inadvertently omitted from the for products produced without an FAA final rule to allow a second type of proposed rule. The final rule corrects approval. They also are not required to inspection to satisfy the 100-hour this oversight. Some commenters, record major repairs and major requirement for aircraft that are used in noting and recommending correction of alterations in accordance with part 43 towing or flight training. An inspection the FAA’s oversight, asked whether appendix B for those parts and products for the issuance of an airworthiness placards could be used to provide this produced without an FAA approval, certificate in accordance with part 21 is warning. Placards are acceptable if such as those manufactured under a acceptable as a replacement for the 100- displayed so that a passenger can consensus standard. For additional hour inspection. This change is added readily see and take note of the warning. discussion, see part 43 above. to the rule because, before an Additional limitations (now Recordkeeping requirements for major airworthiness certificate is issued for an § 91.327(f)): This paragraph was repairs and major alterations performed aircraft, it must be inspected and originally proposed as paragraph (c). It on type-certificated products (now determined to be safe to fly. The states that the FAA may impose § 91.327(b)(7)): Several commenters inspection for the issuance of a special additional limitations on special light- requested a higher weight limit for airworthiness certificate in the light- sport aircraft that the FAA considers special light-sport category aircraft for sport category is similar in scope and necessary. The proposed paragraph is the purpose of installing type- detail to 100-hour inspection. Therefore adopted with minor wording changes. certificated engines and propellers. As the FAA has determined that requiring Note that under this provision, the FAA discussed in § 91.327(b)(1) and in part two similar inspections within the first may consider limiting the passengers 43, the FAA determined that it is 100-hour time period after an aircraft is that can be carried on these aircraft if necessary that the performance and issued its airworthiness certificate is not operational experience demonstrates recording of maintenance work on these necessary. such a need. aircraft generally meet the requirements Operating instructions (now of part 43. This paragraph of the rule § 91.327(d)): New paragraph (d) requires Changes specifically requires the owner or the operator of a special light-sport Proposed § 91.327 is revised and operator to comply with the aircraft to operate the aircraft in reorganized in the final rule, as follows. recordkeeping requirements for the accordance with the aircraft Paragraph (a) is revised to more recording of major repairs and major manufacturer’s operating instructions. It clearly specify the operating limitations alterations performed on type- also requires the operator to have the for a special light-sport aircraft, and to certificated products in accordance with necessary equipment on board the indicate that these aircraft may not be § 43.9(d), and with the retention aircraft for the type of operation used for compensation or hire except to requirements in § 91.417. conducted, as specified in the aircraft’s tow a glider or unpowered ultralight

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vehicle in accordance with § 91.309, or produced under a consensus standard is proposed term ‘‘light-sport aircraft’’ to to conduct flight training. authorized, performed and inspected in ‘‘light-sport.’’ This change conforms Proposed paragraph (a)(1) is not accordance with maintenance and with the terminology adopted in part 21. adopted. inspection procedures developed by the Proposed paragraph (c)(1) of this In proposed paragraph (a)(2), the manufacturer or a person acceptable to section would have required that compensation or hire provisions are the FAA. inspections mandated by paragraphs (a) retained in paragraph (a) of the final Paragraph (b)(7) is added in the final and (b) not apply to aircraft that carry rule; however, the words ‘‘carrying rule. The paragraph requires an owner special flight permits, current persons or property’’ and ‘‘or for rental’’ or operator to comply with the experimental, light-sport or provisional are removed. The paragraph is further requirements for the recording and airworthiness certificates. The FAA revised to permit special light-sport retention of records for major repairs received one comment requesting that aircraft to be used for compensation or and major alterations performed on the FAA differentiate between the hire while towing a glider or an type-certificated products. [special] light-sport category and the unpowered ultralight vehicle in Proposed paragraph (c) is moved to light-sport experimental category accordance with § 91.309. paragraph (f) in the final rule, as because experimental aircraft have Proposed paragraphs (a)(3) through discussed below. always had specific limitations to (a)(5), which addressed maintenance, Paragraph (c) (proposed as paragraph control inspection, repair, and condition inspections, and safety-of- (b)) is expanded in the final rule. The alteration. The FAA notes that flight issues, are revised and moved to proposal addressed aircraft used to experimental aircraft, such as amateur- paragraph (b) of the final rule, as provide flight instruction. In the final built aircraft, are not subject to the described below. rule, the paragraph addresses aircraft inspection requirements of paragraphs Proposed paragraph (b) provisions are used for compensation or hire to tow (a) and (b) and only require an annual moved to paragraph (c) in the final rule, gliders or unpowered ultralight vehicles condition inspection. Special light-sport as described below. or to conduct flight training. To be aircraft are also not subject to the Paragraph (b)(1) (proposed as operated for this flight instruction or inspection requirements of paragraphs paragraph (a)(3)) is modified in the final towing, an aircraft must be inspected in (a) and (b); however, the operating rule to reflect that special light-sport accordance with inspection procedures limitations set forth in § 91.327 impose aircraft must be maintained in developed by the aircraft manufacturer requirements for a condition inspection accordance with the applicable or person acceptable to the FAA and every 12 calendar months and an provisions of part 43. In addition, the approved for return to service in inspection within the preceding 100 words ‘‘aircraft manufacturer’s accordance with part 43 within the last hours of time in service if the aircraft maintenance and inspection 100 hours of time in service. has been used for certain operations. procedures’’ are changed to Alternatively, to meet this requirement, ‘‘maintenance and inspection an aircraft can be inspected for the Changes procedures developed by the aircraft issuance of an airworthiness certificate. Paragraph (c)(1) is adopted with no manufacturer or a person acceptable to The original proposal only would have substantive change. the FAA.’’ permitted a condition inspection to be Paragraph (b)(2) (proposed as performed and only addressed flight Appendix D to Part 91 paragraph (a)(4)) is modified in the final training. The introductory text of Section 4 is rule by changing the words ‘‘aircraft Paragraph (d) is added in the final revised to prohibit sport and manufacturer’s maintenance and rule. It requires the operator of a special recreational pilot operations at those 12 inspection procedures’’ to ‘‘inspection light-sport aircraft to operate the aircraft airports specified in the section. Section procedures developed by the aircraft in accordance with its operating 91.131(b)(2) states that no person may manufacturer or a person acceptable to instructions, including the equipment take off or land a civil aircraft at those the FAA.’’ In addition, the term requirements specified in the aircraft’s airports listed in that section unless the ‘‘repairman with a light-sport aircraft equipment list. pilot in command holds at least a maintenance rating’’ is changed to Paragraph (e) is added in the final private pilot certificate. Section 4 is ‘‘repairman (light-sport aircraft) with a rule. It contains a requirement that the revised to be consistent with the maintenance rating.’’ operator of a special light-sport aircraft provisions of § 91.131(b)(2). Paragraph (b)(3) is added to the final advise each person carried of the special rule to require an owner or operator to nature of the aircraft and that it does not Changes comply with all applicable meet the airworthiness requirements for The section heading and the airworthiness directives. a standard category aircraft. introductory text of Section 4 are Paragraph (b)(4) (proposed as Paragraph (f) (proposed as paragraph revised as discussed above. paragraph (a)(5)) is modified in the final (c)) is adopted with minor wording VI. Plain Language rule to require compliance with safety changes. directives. The paragraph also describes Executive Order 12866 (58 FR 51735, Section 91.409 Inspections procedures for alternative compliance Oct. 4, 1993) requires each agency to with safety directives. This section is revised to correct the write regulations that are simple and Paragraph (b)(5) is added to the final proposed language. The NPRM stated easy to understand. In the NPRM, the rule to require that each alteration done that paragraphs (a) and (b) would not FAA used Plain Language techniques, after an aircraft’s date of manufacture apply to ‘‘an aircraft that carries the such as question-and-answer format, use meets the applicable and current following special airworthiness of pronouns, short sentences, and clear consensus standard and has been certificates: special flight permit, light- outlining of the preamble discussion. authorized by either the manufacturer or sport aircraft, current experimental, or One of the questions the FAA asked for a person acceptable to the FAA. provisional.’’ In the final rule, the FAA the On-Line Forum was whether readers Paragraph (b)(6) is added in the final is eliminating the unnecessary reference found the document clear and easy to rule. The paragraph requires that each to special airworthiness certificates. understand. Approximately 70 people major alteration to an aircraft product Additionally, the FAA is changing the responded.

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About a dozen commenters said they FAA revises any sections of 14 CFR in Number 2120–0690. This rule was did not find the NPRM easier to read, other rulemaking actions, it is using proposed in the Federal Register of but most did not go into detail. clearer language. February 5, 2002. At that time, the FAA About 30 others said that they thought The remaining commenters requested public comments on the the format of the NPRM was a great (approximately 30) said that they did proposed information collection improvement over other regulations, but find the NPRM clear and easy to read, requirements. Some commenters stated that the complexity of the subject and and they appreciated the FAA’s efforts that it would be an unnecessary expense the length of the document made it still to write it in plain language. for ultralight pilots seeking a sport pilot somewhat difficult to follow. Some said VII. Paperwork Reduction Act certificate to provide notarized copies of they did not like having to read ultralight association records. The FAA references to other regulations As required by the Paperwork agrees with the commenters and is elsewhere in 14 CFR that were not Reduction Act of 1995 (44 U.S.C. removing the requirement that the reproduced in the NPRM, or that they 3507(d)), the FAA submitted a copy of copies be notarized. See the discussion thought those regulations should have the information collection of § 61.329 above. been rewritten to match the plain requirements(s) in this final rule to the The description of the annual burden language style of the new regulations. Office of Management and Budget is shown below. Some said that they had concerns that (OMB) for its review. An agency may some provisions could be not collect or sponsor the collection of Description of Respondents: misinterpreted, or that the NPRM did information, nor may it impose an Manufacturers, aircraft owners, pilots, not answer all of the questions they had. information collection requirement flight instructors with a sport pilot The FAA agrees that it would be best to unless it displays a currently valid OMB rating, and maintenance personnel. revise all of the related sections in 14 control number. Persons are not Estimated Burden: The FAA expects CFR in plain language format and required to respond to a collection of that this rule will affect those dealing reproduce them in one document for the information unless it displays a with the certification, operation, reader’s convenience; however, such a currently valid OMB control number. maintenance, and manufacture of light- large task would have caused a This rule contains information sport aircraft, as well as flight considerable delay and resulted in a collections that are subject to review by instructors with a sport pilot rating. much longer document. The FAA is OMB under the Paperwork Reduction The final rule, which imposes clarifying and simplifying other Act of 1995 (Pub. L. 104–13). OMB additional reporting and recordkeeping regulations throughout 14 CFR as approved the collection of this requirements, will have the following opportunities arise; that is, when the information and assigned OMB Control impacts, by CFR part number:

Time Part (in hours) Cost

21 ...... 53,849.80 $2,965,211 47 ...... 6,134.75 202,194 61 (Pilots) ...... 10,676.67 1,185,993 61 (Instructors) ...... 376.99 54,039 43, 65, 91 (Maintenance) ...... 1,316 2,147,791 183 ...... 233.1717 17,841

Total ...... 72,582.38 6,573,069

The regulation will increase paperwork for the Federal government, as shown in the following table:

Time Category (in hours) Cost

Aircraft certification ...... 5,429 $397,027 Pilot and instructor qualifications ...... 795 41,537 Maintenance ...... 803 45,479 Miscellaneous ...... 928.39 39,690

Total ...... 7,955.39 523,733

VIII. International Compatibility Standards and Recommended Practices intended regulation justify its costs. that correspond to this regulation. Second, the Regulatory Flexibility Act In keeping with U.S. obligations of 1980 requires agencies to analyze the IX. Economic Assessment under the Convention on International economic impact of regulatory changes Civil Aviation, it is FAA policy to Changes to Federal regulations must on small entities. Third, the Trade comply with International Civil undergo several economic analyses. Agreements Act (19 U.S.C. 2531–2533) Aviation Organization (ICAO) Standards First, Executive Order 12866 directs prohibits agencies from setting and Recommended Practices to the each Federal agency to propose or adopt standards that create unnecessary maximum extent practicable. The FAA a regulation only upon a reasoned obstacles to the foreign commerce of the has determined that there are no ICAO determination that the benefits of the United States. In developing U.S.

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standards, this Trade Agreements Act may be certified as special light-sport • All monetary values are expressed also requires agencies to consider aircraft or as experimental light-sport in 2002 dollars. international standards and, where aircraft. • Number of existing aircraft and appropriate, use them as the basis of • Current ultralight instructors pilots/instructors affected—15,300. U.S. standards. Fourth, the Unfunded operating under the part 103 training • The number of new sport pilots is Mandates Reform Act of 1995 (Public exemption that receive a flight estimated to be 400 for each of the first Law 104–4) requires agencies to prepare instructor certificate with a sport pilot two years. The number of new sport a written assessment of the costs, rating and plan to continue flight pilots will increase by 400 every two benefits, and other effects of proposed instructing will have to replace their years, so by 2012 and 2013 there will be or final rules that include a Federal existing training aircraft within five 2,000 new sport pilots each year for a mandate likely to result in the years after the rule is enacted with a total of 12,000 new sport pilots over ten expenditure by State, local, or tribal certificated special light-sport aircraft years. The number of new sport pilot governments, in the aggregate, or by the (§ 21.190) in order to continue to offer instructors is estimated to be 70 for each private sector, of $100 million or more training for compensation. of the first two years (2004–2005). The annually (adjusted for inflation). • Sport pilot organizations or some number of new sport pilot instructors In conducting these analyses, FAA for-profit organizations will develop will increase by 20 every two years, so has determined this rule (1) has benefits training courses for instructors with a by 2012 and 2013 there will be 150 new that justify its costs, is a ‘‘significant sport pilot rating to purchase. sport pilot instructors each year for a regulatory action’’ as defined in section • Some existing aircraft will fit the total of 1,100 new sport pilot instructors 3(f) of Executive Order 12866 and is definition of light-sport aircraft and over ten years. The new instructors will ‘‘significant’’ as defined in DOT’s anyone with a sport pilot certificate will come from the existing sport pilots or Regulatory Policies and Procedures; (2) be allowed to fly them provided they are new sport pilots from prior years. will not have a significant economic only exercising sport pilot privileges. • From 2006 to 2013 the affected impact on a substantial number of small Under the current rules a private or population of pilots and instructors will entities; (3) will not result in an recreational pilot certificate would be grow at 6.82 percent a year. This rate international trade disadvantage; and (4) required to operate these aircraft. was used in projecting future accidents. does not impose an unfunded mandate • New sport pilot Designated • Value of fatality avoided—$3.0 on State, local, or tribal governments, or Airworthiness Representatives (DARs) million. on the private sector. These analyses, for light-sport aircraft will need to take • Value of serious injury avoided— available in the docket, are summarized a three-day training course in order to $580,700. below. issue airworthiness certificates for light • Value of avoiding destroyed aircraft—$18,083. Total Costs and Benefits of This sport aircraft. • • Value of avoiding substantially Rulemaking New Designated Pilot Examiners (DPEs) for sport pilots will have to take damaged aircraft—$9,041. The estimated cost of this final rule is a five-day training course in order to Alternatives the FAA Considered $221.0 million ($158.4 million, prepare them to examine sport pilots discounted). The estimated potential and sport pilot instructors. Alternative One—Status Quo: The benefits fall within the range of $85.3 • The FAA will work with industry status quo represents a situation in million (the set of preventable NTSB in developing and overseeing the which the FAA would issue training accidents) and $325.4 million (the set of consensus standards. exemptions from part 103 indefinitely. preventable NTSB accidents and the • The FAA will develop Advisory This would perpetuate ‘‘rulemaking by preventable association accidents). The Circulars, orders, and articles for the exemption,’’ which the FAA wants to discount benefits range between $57.7 light sport repairman course avoid. million and $220.3 million. requirements. Alternative Two—Strictly Enforce Who Is Potentially Affected by This • The FAA will develop and provide Current Regulations: The second Rulemaking? training programs for Designated alternative is to strictly enforce the Airworthiness Representatives, and current rules that could apply to sports Private Sector Designated Pilot Examiners. pilots. The problem with this is that the • All 14,000 pilots of unregistered • The FAA will appoint, supervise existing rules on these types of ultralight-like aircraft must obtain sport and renew light-sport DARs, and sport operations and aircraft were developed pilot certifications, must have their pilot DPEs. long before sports pilots became a large aircraft inspected and certified, and • The FAA will develop practical test and growing part of aviation. The must have their aircraft maintained by standards and knowledge test standards current rules, if strictly enforced, would appropriately trained repairmen. for prospective sport pilots and flight result in very costly requirement • Existing uncertified vehicles that fit instructors with a sport pilot rating requirements. From 2004 to 2013, the the definition of light-sport aircraft will applying for certification. total cost of this alternative will be not be issued experimental certificates • Each light-sport aircraft issued an approximately $478 million ($368 after August 31, 2007. experimental certificate or a special million discounted). • Manufacturers of aircraft will light-sport airworthiness certificate will Benefits of This Rulemaking produce special light sport aircraft be registered in the FAA Civil Aviation certificated under § 21.190 that adhere Registry. The FAA has performed an analysis of to manufacturer’s consensus standards. • The NTSB will investigate potential safety benefits of this rule. • New kit-built light-sport aircraft accidents involving light-sport aircraft. Safety benefits are the number of that are produced under consensus accidents that may be avoided because standards will have to be certified as The FAA’s Cost Assumptions and of the rule, with their attendant experimental light-sport aircraft, under Sources of Information fatalities, injuries and property damage. § 21.191(i)(2). • Discount rate—7%. This analysis estimated accidents • New factory built light-sport aircraft • Period of analysis—2004 through prevented from two sets of data. One set produced under consensus standards 2013. of data was U.S. Government data—the

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NTSB and NASDAC databases that X. Regulatory Flexibility Determination XI. International Trade Impact included accidents involving Assessment The Regulatory Flexibility Act of 1980 certificated and uncertificated aircraft The Trade Agreement Act of 1979 that meet the definition of light-sport (RFA) directs the FAA to fit regulatory requirements to the scale of the prohibits Federal agencies from aircraft. The second set was from three engaging in any standards or related of the FAA recognized ultralight business, organizations, and governmental jurisdictions subject to activities that create unnecessary organizations that contained records of obstacles to the foreign commerce of the accidents of aircraft meeting the the regulation. The FAA is required to determine whether a proposed or final United States. Legitimate domestic definition of light-sport aircraft, but objectives, such as safety, are not action will have a ‘‘significant economic were not FAA certificated. considered unnecessary obstacles. The impact on a substantial number of small statute also requires consideration of Accidents from the government entities’’ as they are defined in the Act. international standards and, where databases included 19 between 1995 If the FAA finds that the action will appropriate, that they be the basis for and 2002 that would likely be prevented have a significant impact, the FAA must U.S. standards. This effort includes both by this rule. The projected total do a ‘‘regulatory flexibility analysis.’’ estimated benefits from avoiding those barriers affecting the export of American accidents that were in the U.S. Most of the individual sport pilots goods and services to foreign countries Government databases are $85.3 million impacted by this rulemaking are people and barriers affecting the import of ($57.7 million, discounted) over the who are flying as a hobby. The foreign goods and services into the next ten years. Regulatory Flexibility Act does not United States. apply to them. However, some of the In accordance with the above statute, A review of the information from the sport pilot instructors are providing the FAA has assessed the potential trade organizations revealed that there instruction as a business endeavor, and effect of the proposal and has were 57 accidents between 1995 and in these cases the Regulatory Flexibility determined that it will not present a 2002 that involved light-sport type Act does apply. Costs imposed on significant impediment to either U.S. aircraft. The estimated potential benefits instructors are between $6,000 and firms doing business aboard or foreign fall within the range of $85.3 million $7,000 over a ten-year period. This cost firms doing business in the United (the set of preventable NTSB accidents) does not include any cost for the States. The rule is expected to stimulate and $325.4 million (the set of maintenance repair class. The rule a great deal of growth for the light-sport preventable NTSB accidents and the allows a sport pilot with an instructor aircraft aviation industry in the United preventable association accidents). The rating to take this class; the rule does States and abroad. The belief that no discounted benefits range between $57.7 not mandate it. For this reason, the cost significant trade disadvantage will take million and $220.3 million. of this class is not considered in this place is based on the premise that the Costs of This Rulemaking regulatory flexibility determination. On number of the requirements contained an annualized basis, these imposed in the rule (namely, aircraft certification From 2004 to 2013, the total cost of costs are between $630 and $820, which standards) essentially mirrors those that the rule will be approximately $221.0 the FAA does not consider as significant already exist internationally. million ($158.4 million, discounted). costs. Some existing instructors will XII. Unfunded Mandates Assessment The total cost of the rule consists of have to acquire a new light sport aircraft private sector costs and government within five years if they plan to The Unfunded Mandates Reform Act of 1995 (the Act) is intended, among costs. Private sector costs will be continue instructing student sport other things, to curb the practice of approximately $202.0 million ($144.5 pilots. A little over a quarter of the new imposing unfunded Federal mandates million, discounted), of which $139.5 and existing sport pilot instructors on State, local, and tribal governments. million ($98.9 million, discounted) would be impacted by this provision of Title II of the Act requires each represent the out-of-pocket costs. the rule. For these instructors, if they Government costs will be approximately Federal agency to prepare a written are not able to sell their old light sport statement assessing the effects of any $18.9 million ($13.9 million, aircraft, the ten year imposed cost of discounted). Federal mandate in a proposed or final this rule could be as high as $11,700 or agency rule that may result in an Differences in the NPRM Economic $1,220 annualized (in most cases the expenditure of $100 million or more Evaluation and the Final Rule Economic cost would be less). For some weekend (adjusted annually for inflation) in any Evaluation instructors these costs may be more than one year by State, local, and tribal what they may wish to incur, and they governments, in the aggregate, or by the Estimated costs and benefits have would stop being instructors. The FAA private sector; such a mandate is changed significantly in the final rule does not believe this will occur, because deemed to be a ‘‘significant regulatory regulatory evaluation from the NPRM the FAA believes that most, possibly all, action.’’ The FAA currently uses an regulatory evaluation. The NPRM of these instructors will be able to sell inflation-adjusted value of $120.7 estimated costs of $40.3 million ($33.9 their old light sport aircraft that this rule million in lieu of $100 million. million, discounted) in 1999 dollars, requires them to replace. By selling their Since the compliance cost of the rule while the final rule cost estimates are old light sport aircraft, these impacted does not exceed $100 million in any of $221.0 million ($158.4 million, instructors could reduce the ten-year the years, the rule does not contain such discounted) in 2002 dollars. The NPRM costs imposed by this provision to about a mandate. Therefore, the requirements estimated benefits of $221.4 million $6,000, which could reduce their of Title II of the Unfunded Mandates ($153.3 million, discounted) and the annualized costs to $630. The FAA does Reform Act of 1995 do not apply. final rule estimates the potential not consider this to be a significant cost. benefits to fall within the range of $85.3 Consequently, the FAA certifies that the XIII. Executive Order 13132, million and $325.4 million (between rule will not have a significant Federalism $57.7 million and $220.3 million, economic impact on a substantial The FAA has analyzed this final rule discounted). number of sport pilot instructors. under the principles and criteria of

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Executive Order 13132, Federalism. The The Amendments (7) A fixed or ground-adjustable FAA determined that this action will propeller if a powered aircraft other I not have a substantial direct effect on In consideration of the foregoing, the than a powered glider. the States, or the relationship between Federal Aviation Administration (8) A fixed or autofeathering propeller the national Government and the States, amends 14 CFR chapter I as follows: system if a powered glider. or on the distribution of power and (9) A fixed-pitch, semi-rigid, teetering, PART 1—DEFINITIONS AND two-blade rotor system, if a gyroplane. responsibilities among the various ABBREVIATIONS levels of government, and therefore does (10) A nonpressurized cabin, if not have federalism implications. I 1. The authority citation for part 1 equipped with a cabin. (11) Fixed landing gear, except for an continues to read as follows: XIV. Environmental Analysis aircraft intended for operation on water Authority: 49 U.S.C. 106(g), 40113, 44701. or a glider. FAA Order 1050.1E identifies FAA I 2. Amend § 1.1 by adding the following (12) Fixed or repositionable landing actions that are categorically excluded definitions in alphabetical order to read gear, or a hull, for an aircraft intended from preparation of an environmental as follows: for operation on water. assessment or environmental impact (13) Fixed or retractable landing gear statement under the National § 1.1 General definitions. for a glider. Environmental Policy Act in the * * * * * * * * * * absence of extraordinary circumstances. Consensus standard means, for the Powered parachute means a powered The FAA has determined this purpose of certificating light-sport aircraft comprised of a flexible or semi- rulemaking action qualifies for the aircraft, an industry-developed rigid wing connected to a fuselage so categorical exclusion identified in consensus standard that applies to that the wing is not in position for flight paragraph 312f. and involves no aircraft design, production, and until the aircraft is in motion. The extraordinary circumstances. airworthiness. It includes, but is not fuselage of a powered parachute XV. Energy Impact limited to, standards for aircraft design contains the aircraft engine, a seat for and performance, required equipment, each occupant and is attached to the The energy impact of this rule has manufacturer quality assurance systems, aircraft’s landing gear. been assessed in accordance with the production acceptance test procedures, * * * * * Energy Policy and Conservation Act operating instructions, maintenance and Weight-shift-control aircraft means a (EPCA) Public Law 94–163, as amended inspection procedures, identification powered aircraft with a framed pivoting (42 U.S.C. 6362) and FAA Order 1053.1. and recording of major repairs and wing and a fuselage controllable only in The FAA has determined that the final major alterations, and continued pitch and roll by the pilot’s ability to rule is not a major regulatory action airworthiness. change the aircraft’s center of gravity under the provisions of the EPCA. * * * * * with respect to the wing. Flight control of the aircraft depends on the wing’s List of Subjects Light-sport aircraft means an aircraft, other than a helicopter or powered-lift ability to flexibly deform rather than the 14 CFR Part 1 that, since its original certification, has use of control surfaces. continued to meet the following: * * * * * Air transportation. (1) A maximum takeoff weight of not PART 21—CERTIFICATION 14 CFR Part 21 more than— (i) 660 pounds (300 kilograms) for PROCEDURES FOR PRODUCTS AND Aircraft, Aviation safety, Exports, lighter-than-air aircraft; PARTS Imports, Reporting and recordkeeping (ii) 1,320 pounds (600 kilograms) for I requirements. 3. The authority citation for part 21 aircraft not intended for operation on continues to read as follows: 14 CFR Part 43 water; or (iii) 1,430 pounds (650 kilograms) for Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701–44702, 44707, Aircraft, Aviation safety, Reporting an aircraft intended for operation on 44709, 44711, 44713, 44715, 45303. and recordkeeping requirements. water. (2) A maximum airspeed in level I 4. Amend § 21.175 by revising 14 CFR Part 45 flight with maximum continuous power paragraph (b) to read as follows: Aircraft, Exports, Signs and symbols. (VH) of not more than 120 knots CAS § 21.175 Airworthiness certificates: under standard atmospheric conditions classification. 14 CFR Part 61 at sea level. * * * * * (3) A maximum never-exceed speed Aircraft, Airmen, Recreation and (b) Special airworthiness certificates (VNE) of not more than 120 knots CAS are primary, restricted, limited, light- recreation areas, Reporting and for a glider. recordkeeping requirements, Teachers. sport, and provisional airworthiness (4) A maximum stalling speed or certificates, special flight permits, and 14 CFR Part 65 minimum steady flight speed without experimental certificates. the use of lift-enhancing devices (V ) of S1 I 5. Amend § 21.181 by redesignating Air traffic controllers, Aircraft, not more than 45 knots CAS at the paragraph (a)(3) as paragraph (a)(4) and Airmen, Airports, Reporting and aircraft’s maximum certificated takeoff revising it to read as follows, and adding recordkeeping requirements. weight and most critical center of new paragraph (a)(3) to read as follows: 14 CFR Part 91 gravity. (5) A maximum seating capacity of no § 21.181 Duration. Air traffic control, Aircraft, Airmen, more than two persons, including the (a) * * * Airports, Aviation Safety, Noise control, pilot. (3) A special airworthiness certificate Reporting and recordkeeping (6) A single, reciprocating engine, if in the light-sport category is effective as requirements. powered. long as—

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(i) The aircraft meets the definition of issued by a foreign civil aviation (2) The aircraft is eligible for an a light-sport aircraft; authority. airworthiness certificate, flight (ii) The aircraft conforms to its (3) The aircraft must be inspected by authorization, or other similar original configuration, except for those the FAA and found to be in a condition certification in its country of alterations performed in accordance for safe operation. manufacture. with an applicable consensus standard (c) Manufacturer’s statement of I 8. Amend § 21.191 by revising the and authorized by the aircraft’s compliance for light-sport category heading of paragraph (h) and adding manufacturer or a person acceptable to aircraft. The manufacturer’s statement paragraph (i) to read as follows: the FAA; of compliance required in paragraph (iii) The aircraft has no unsafe (b)(1)(iii) of this section must— § 21.191 Experimental certificates. condition and is not likely to develop an (1) Identify the aircraft by make and * * * * * unsafe condition; and model, serial number, class, date of (h) Operating primary kit-built (iv) The aircraft is registered in the manufacture, and consensus standard aircraft. *** United States. used; (i) Operating light-sport aircraft. (4) An experimental certificate for (2) State that the aircraft meets the Operating a light-sport aircraft that— research and development, showing provisions of the identified consensus (1) Has not been issued a U.S. or compliance with regulations, crew standard; foreign airworthiness certificate and training, or market surveys is effective (3) State that the aircraft conforms to does not meet the provisions of § 103.1 for 1 year after the date of issue or the manufacturer’s design data, using of this chapter. An experimental renewal unless the FAA prescribes a the manufacturer’s quality assurance certificate will not be issued under this shorter period. The duration of an system that meets the identified paragraph for these aircraft after August experimental certificate issued for consensus standard; 31, 2007; operating amateur-built aircraft, (4) State that the manufacturer will (2) Has been assembled— exhibition, air-racing, operating primary make available to any interested person (i) From an aircraft kit for which the kit-built aircraft, or operating light-sport the following documents that meet the applicant can provide the information aircraft is unlimited, unless the FAA identified consensus standard: required by § 21.193(e); and establishes a specific period for good (i) The aircraft’s operating (ii) In accordance with manufacturer’s cause. instructions. assembly instructions that meet an (ii) The aircraft’s maintenance and applicable consensus standard; or * * * * * inspection procedures. (3) Has been previously issued a I 6. Amend § 21.182 by revising (iii) The aircraft’s flight training special airworthiness certificate in the paragraph (b)(2) to read as follows: supplement. light-sport category under § 21.190. § 21.182 Aircraft identification. (5) State that the manufacturer will I 9. Amend § 21.193 by adding monitor and correct safety-of-flight paragraph (e) to read as follows: * * * * * issues through the issuance of safety (b) * * * directives and a continued § 21.193 Experimental certificates: (2) An experimental certificate for an airworthiness system that meets the general. aircraft not issued for the purpose of identified consensus standard; * * * * * operating amateur-built aircraft, (6) State that at the request of the (e) In the case of a light-sport aircraft operating primary kit-built aircraft, or FAA, the manufacturer will provide assembled from a kit to be certificated operating light-sport aircraft. unrestricted access to its facilities; and in accordance with § 21.191(i)(2), an * * * * * (7) State that the manufacturer, in applicant must provide the following: I 7. Add § 21.190 to read as follows: accordance with a production (1) Evidence that an aircraft of the acceptance test procedure that meets an same make and model was § 21.190 Issue of a special airworthiness applicable consensus standard has— manufactured and assembled by the certificate for a light-sport category aircraft. (i) Ground and flight tested the aircraft kit manufacturer and issued a (a) Purpose. The FAA issues a special aircraft; special airworthiness certificate in the airworthiness certificate in the light- (ii) Found the aircraft performance light-sport category. sport category to operate a light-sport acceptable; and (2) The aircraft’s operating aircraft, other than a gyroplane. (iii) Determined that the aircraft is in instructions. (b) Eligibility. To be eligible for a a condition for safe operation. (3) The aircraft’s maintenance and special airworthiness certificate in the (d) Light-sport aircraft manufactured inspection procedures. light-sport category: outside the United States. For aircraft (4) The manufacturer’s statement of (1) An applicant must provide the manufactured outside of the United compliance for the aircraft kit used in FAA with— States to be eligible for a special the aircraft assembly that meets (i) The aircraft’s operating airworthiness certificate in the light- § 21.190(c), except that instead of instructions; sport category, an applicant must meet meeting § 21.190(c)(7), the statement (ii) The aircraft’s maintenance and the requirements of paragraph (b) of this must identify assembly instructions for inspection procedures; section and provide to the FAA the aircraft that meet an applicable (iii) The manufacturer’s statement of evidence that— consensus standard. compliance as described in paragraph (1) The aircraft was manufactured in (5) The aircraft’s flight training (c) of this section; and a country with which the United States supplement. (iv) The aircraft’s flight training has a Bilateral Airworthiness Agreement (6) In addition to paragraphs (e)(1) supplement. concerning airplanes or Bilateral through (e)(5) of this section, for an (2) The aircraft must not have been Aviation Safety Agreement with aircraft kit manufactured outside of the previously issued a standard, primary, associated Implementation Procedures United States, evidence that the aircraft restricted, limited, or provisional for Airworthiness concerning airplanes, kit was manufactured in a country with airworthiness certificate, or an or an equivalent airworthiness which the United States has a Bilateral equivalent airworthiness certificate agreement; and Airworthiness Agreement concerning

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airplanes or a Bilateral Aviation Safety perform preventive maintenance on any I a. Amending the third sentence of Agreement with associated aircraft owned or operated by that pilot paragraph (a) to revise the words Implementation Procedures for which is not used under part 121, 129, ‘‘paragraphs (c) and (d) of this section’’ Airworthiness concerning airplanes, or or 135 of this chapter. The holder of a to read ‘‘paragraphs (c), (d), and (e) of an equivalent airworthiness agreement. sport pilot certificate may perform this section’’; and preventive maintenance on an aircraft I b. Adding paragraph (e) to read as PART 43—MAINTENANCE, owned or operated by that pilot and follows. PREVENTIVE MAINTENANCE, issued a special airworthiness certificate REBUILDING, AND ALTERATION in the light-sport category. § 45.11 General. * * * * * * * * * * I 10. The authority citation for part 43 (e) For powered parachutes and continues to read as follows: I 13. Amend § 43.7 by adding paragraphs (g) and (h) to read as follows: weight-shift-control aircraft, the Authority: 49 U.S.C. 106(g), 40113, 44701, identification plate prescribed in 44703, 44705, 44707, 44711, 44713, 44717, § 43.7 Persons authorized to approve paragraph (a) of this section must be 44725. aircraft, airframes, aircraft engines, secured to the aircraft fuselage exterior propellers, appliances, or component parts so that it is legible to a person on the I 11. Amend § 43.1 by: for return to service after maintenance, ground. I a. Revising the introductory text of preventive maintenance, rebuilding, or I 17. Amend § 45.23 by revising paragraph (a); alteration. paragraph (b) to read as follows: I b. Revising paragraph (b); and * * * * * I c. Adding paragraph (d). (g) The holder of a repairman § 45.23 Display of marks; general. The revisions and additions read as certificate (light-sport aircraft) with a * * * * * follows: maintenance rating may approve an (b) When marks include only the aircraft issued a special airworthiness § 43.1 Applicability. Roman capital letter ‘‘N’’ and the certificate in light-sport category for registration number is displayed on (a) Except as provided in paragraphs return to service, as provided in part 65 (b) and (d) of this section, this part limited, restricted or light-sport category of this chapter. aircraft or experimental or provisionally prescribes rules governing the (h) The holder of at least a sport pilot certificated aircraft, the operator must maintenance, preventive maintenance, certificate may approve an aircraft also display on that aircraft near each rebuilding, and alteration of any— owned or operated by that pilot and entrance to the cabin, cockpit, or pilot * * * * * issued a special airworthiness certificate station, in letters not less than 2 inches (b) This part does not apply to any in the light-sport category for return to nor more than 6 inches high, the words aircraft for which the FAA has issued an service after performing preventive ‘‘limited,’’ ‘‘restricted,’’ ‘‘light-sport,’’ experimental certificate, unless the FAA maintenance under the provisions of ‘‘experimental,’’ or ‘‘provisional,’’ as has previously issued a different kind of § 43.3(g). applicable. airworthiness certificate for that aircraft. I 14. Amend § 43.9 by: I * * * * * I a. Revising the section heading; 18. Amend § 45.27 by adding (d) This part applies to any aircraft I b. Redesignating the concluding text of paragraph (e) to read as follows: issued a special airworthiness certificate paragraph (a) as paragraph (d); § 45.27 Location of marks; non-fixed-wing I in the light-sport category except: c. Revising new paragraph (d); and aircraft. (1) The repair or alteration form I d. Removing the reference ‘‘123’’ from * * * * * specified in §§ 43.5(b) and 43.9(d) is not paragraph (c). (e) Powered parachute and weight- required to be completed for products The revisions read as follows: shift-control aircraft. Each operator of a not produced under an FAA approval; § 43.9 Content, form, and disposition of powered parachute or a weight-shift- (2) Major repairs and major alterations maintenance, preventive maintenance, control aircraft must display the marks for products not produced under an rebuilding, and alteration records (except required by § 45.23. The marks must be FAA approval are not required to be inspections performed in accordance with displayed horizontally and in two recorded in accordance with appendix B part 91, part 125, § 135.411(a)(1), and diametrically opposite positions on any of this part; and § 135.419 of this chapter). fuselage structural member. (3) The listing of major alterations and * * * * * major repairs specified in paragraphs (a) (d) In addition to the entry required I 19. Amend § 45.29 by revising and (b) of appendix A of this part is not by paragraph (a) of this section, major paragraphs (b)(1)(iii) and (b)(2) to read as applicable to products not produced repairs and major alterations shall be follows: under an FAA approval. entered on a form, and the form § 45.29 Size of marks. I disposed of, in the manner prescribed in 12. Amend § 43.3 by revising * * * * * paragraphs (c) and (g) to read as follows: appendix B, by the person performing the work. (b) * * * § 43.3 Persons authorized to perform (1) * * * maintenance, preventive maintenance, PART 45—IDENTIFICATION AND (iii) Marks at least 3 inches high may rebuilding, and alterations. REGISTRATION MARKING be displayed on an aircraft for which the * * * * * FAA has issued an experimental (c) The holder of a repairman I 15. The authority citation for part 45 certificate under § 21.191 (d), § 21.191 certificate may perform maintenance, continues to read as follows: (g), or § 21.191 (i) of this chapter to preventive maintenance, and alterations Authority: 49 U.S.C. 106(g), 40103, 44109, operate as an exhibition aircraft, an as provided in part 65 of this chapter. 40113–40114, 44101–44105, 44107–44108, amateur-built aircraft, or a light-sport * * * * * 44110–44111, 44504, 44701, 44708–44709, aircraft when the maximum cruising (g) Except for holders of a sport pilot 44711–44713, 44725, 45302–45303, 46104, speed of the aircraft does not exceed 180 46304, 46306, 47122. certificate, the holder of a pilot knots CAS; and certificate issued under part 61 may I 16. Amend § 45.11 by: * * * * *

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(2) Airships, spherical balloons, category rating, time acquired during a A person who has applied for or held nonspherical balloons, powered flight conducted in an appropriate a medical certificate may exercise the parachutes, and weight-shift-control aircraft that— privileges of a sport pilot certificate aircraft must be at least 3 inches high; (A) Includes a point of landing at least using a current and valid U.S. driver’s and a straight line distance of more than 15 license only if that person— * * * * * nautical miles from the original point of (A) Has been found eligible for the departure; and issuance of at least a third-class airman PART 61—CERTIFICATION: PILOTS, (B) Involves, as applicable, the use of medical certificate at the time of his or FLIGHT INSTRUCTORS, AND GROUND dead reckoning; pilotage; electronic her most recent application; and INSTRUCTORS navigation aids; radio aids; or other (B) Has not had his or her most navigation systems to navigate to the recently issued medical certificate I 20. The authority citation for part 61 landing point. suspended or revoked or most recent continues to read as follows: * * * * * Authorization for a Special Issuance of Authority: 49 U.S.C. 106(g), 40113, 44701– (15) Student pilot seeking a sport pilot a Medical Certificate withdrawn. 44703, 44707, 44709–44711, 45102–45103, certificate means a person who has * * * * * 45301–45302. received an endorsement— I 23. Amend § 61.5 by: I 21. Amend § 61.1 by: (i) To exercise student pilot privileges I a. Redesignating paragraphs (a)(1)(ii) I a. Revising paragraphs (b)(3)(i) from a certificated flight instructor with through (a)(1)(v) as paragraphs (a)(1)(iii) introductory text and (b)(3)(ii) a sport pilot rating; or through (a)(1)(vi), respectively; introductory text; (ii) That includes a limitation for the I b. Redesignating paragraphs (b)(5) and I b. Redesignating paragraphs (b)(3)(iii), operation of a light-sport aircraft (b)(6) as paragraphs (b)(7) and (b)(8), (b)(3)(iv), (b)(3)(v), and (b)(15) as specified in § 61.89(c) issued by a respectively; and paragraphs (b)(3)(v), (b)(3)(vi), (b)(3)(vii), certificated flight instructor with other I c. Adding new paragraphs (a)(1)(ii), and (b)(16), respectively; and than a sport pilot rating. (b)(1)(vi), (b)(1)(vii), (b)(5), (b)(6), and I c. Adding new paragraphs (b)(3)(iii), * * * * * (c)(5) to read as follows: (b)(3)(iv), and (b)(15). I 22. Amend § 61.3 by: § 61.5 Certificates and ratings issued The additions and revisions read as I a. Revising paragraph (c)(2)(i); under this part. follows: I b. Redesignating paragraphs (c)(2)(ii) (a) * * * § 61.1 Applicability and definitions. through (c)(2)(vii) as paragraphs (1) * * * (c)(2)(vi) through (c)(2)(xi) respectively; (ii) Sport pilot. * * * * * I c. Revising the reference to ‘‘paragraph (b) * * * * * * * * (c)(2)(iii)’’ to read ‘‘paragraph (c)(2)(vii)’’ (3) * * * (b) * * * in newly redesignated paragraph (i) Except as provided in paragraphs (1) * * * (b)(3)(ii) through (b)(3)(vi) of this (c)(2)(viii); and (vi) Powered parachute. I d. Adding new paragraphs (c)(2)(ii) section, time acquired during flight— (vii) Weight-shift-control aircraft. through (c)(2)(v). * * * * * The revisions and additions read as * * * * * (ii) For the purpose of meeting the follows: (5) Weight-shift-control aircraft class aeronautical experience requirements ratings— (except for a rotorcraft category rating), § 61.3 Requirement for certificates, (i) Weight-shift-control aircraft land. for a private pilot certificate (except for ratings, and authorizations. (ii) Weight-shift-control aircraft sea. a powered parachute category rating), a * * * * * (6) Powered parachute class ratings— commercial pilot certificate, or an (c) * * * (i) Powered parachute land. instrument rating, or for the purpose of (2) * * * (ii) Powered parachute sea. exercising recreational pilot privileges (i) Is exercising the privileges of a * * * * * (except in a rotorcraft) under § 61.101 student pilot certificate while seeking a (c) * * * (c), time acquired during a flight— pilot certificate with a glider category (5) Sport pilot rating. * * * * * rating, a balloon class rating, or glider or * * * * * (iii) For the purpose of meeting the balloon privileges; I 24. Amend § 61.23 by: aeronautical experience requirements (ii) Is exercising the privileges of a I a. Revising paragraphs (a) introductory for a sport pilot certificate (except for student pilot certificate while seeking a text, (a)(3)(iii), (a)(3)(iv), (b) introductory powered parachute privileges), time sport pilot certificate with other than text, and (b)(1) through (b)(4); acquired during a flight conducted in an glider or balloon privileges and holds a I b. Redesignating paragraph (c) as appropriate aircraft that— current and valid U.S. driver’s license; paragraph (d); and (A) Includes a point of landing at least (iii) Is exercising the privileges of a I c. Adding new paragraph (c). a straight line distance of more than 25 student pilot certificate while seeking a The additions and revisions read as nautical miles from the original point of pilot certificate with a weight-shift- follows: departure; and control aircraft category rating or a (B) Involves, as applicable, the use of powered parachute category rating and § 61.23 Medical certificates: Requirement dead reckoning; pilotage; electronic holds a current and valid U.S. driver’s and duration. navigation aids; radio aids; or other license; (a) Operations requiring a medical navigation systems to navigate to the (iv) Is exercising the privileges of a certificate. Except as provided in landing point. sport pilot certificate with glider or paragraphs (b) and (c) of this section, a (iv) For the purpose of meeting the balloon privileges; person— aeronautical experience requirements (v) Is exercising the privileges of a * * * * * for a sport pilot certificate with powered sport pilot certificate with other than (3) * * * parachute privileges or a private pilot glider or balloon privileges and holds a (iii) When exercising the privileges of certificate with a powered parachute current and valid U.S. driver’s license. a student pilot certificate;

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(iv) When exercising the privileges of Issuance of a Medical Certificate for each person to operate the aircraft a flight instructor certificate, except for withdrawn; and safely; and a flight instructor certificate with a (iv) Not know or have reason to know * * * * * glider category rating or sport pilot of any medical condition that would (f) Light-sport aircraft with a single rating, if the person is acting as pilot in make that person unable to operate a seat. A practical test for a sport pilot command or is serving as a required light-sport aircraft in a safe manner. certificate may be conducted in a light- flight crewmember; or * * * * * sport aircraft having a single seat * * * * * I 25. Amend § 61.31 by: provided that the— (b) Operations not requiring a medical I a. Revising paragraphs (k)(1) and (1) Examiner agrees to conduct the certificate. A person is not required to (k)(2)(iii); test; hold a valid medical certificate— I b. Removing the word ‘‘or;’’ from the (2) Examiner is in a position to (1) When exercising the privileges of end of paragraph (k)(2)(iv) and placing it observe the operation of the aircraft and a student pilot certificate while at the end of paragraph (k)(2)(v); and evaluate the proficiency of the seeking— I c. Adding paragraph (k)(2)(vi). applicant; and (3) Pilot certificate of an applicant (i) A sport pilot certificate with glider The addition and revisions read as successfully passing the test is issued a or balloon privileges; or follows: (ii) A pilot certificate with a glider pilot certificate with a limitation ‘‘No category rating or balloon class rating; § 61.31 Type rating requirements, passenger carriage and flight in a single- (2) When exercising the privileges of additional training, and authorization seat light-sport aircraft only.’’ a sport pilot certificate with privileges requirements. I 27. Amend § 61.51 by: in a glider or balloon; * * * * * I a. Revising paragraphs (c)(1), (e)(1) (3) When exercising the privileges of (k) * * * introductory text, and (e)(1)(i); a pilot certificate with a glider category (1) This section does not require a I b. Redesignating paragraph (i)(3) as or balloon class rating; category and class rating for aircraft not (i)(4); and I (4) When exercising the privileges of type-certificated as airplanes, rotorcraft, c. Adding new paragraphs (i)(3) and a flight instructor certificate with— gliders, lighter-than-air aircraft, (i)(5). (i) A sport pilot rating in a glider or powered-lifts, powered parachutes, or The additions and revisions read as balloon; or weight-shift-control aircraft. follows: (ii) A glider category rating; (2) * * * § 61.51 Pilot logbooks. * * * * * (iii) The holder of a pilot certificate * * * * * (c) Operations requiring either a when operating an aircraft under the (c) * * * medical certificate or U.S. driver’s authority of— (1) Apply for a certificate or rating license. (1) A person must hold and (A) A provisional type certificate; or issued under this part or a privilege possess either a valid medical certificate (B) An experimental certificate, unless authorized under this part; or the operation involves carrying a issued under part 67 of this chapter or * * * * * passenger; a current and valid U.S. driver’s license (e) * * * when exercising the privileges of— * * * * * (1) A sport, recreational, private, or (i) A student pilot certificate while (vi) The holder of a sport pilot commercial pilot may log pilot-in- seeking sport pilot privileges in a light- certificate when operating a light-sport command time only for that flight time sport aircraft other than a glider or aircraft. during which that person— balloon; I 26. Amend § 61.45 by revising (i) Is the sole manipulator of the (ii) A sport pilot certificate in a light- paragraphs (a)(1)(ii), (a)(2)(i), and controls of an aircraft for which the sport aircraft other than a glider or (b)(1)(iii), and adding paragraph (f) to pilot is rated or has privileges; balloon; or read as follows: * * * * * (iii) A flight instructor certificate with (i) * * * a sport pilot rating while acting as pilot § 61.45 Practical tests: Required aircraft and equipment. (3) A sport pilot must carry his or her in command or serving as a required logbook or other evidence of required flight crewmember of a light-sport (a) * * * (1) * * * authorized instructor endorsements on aircraft other than a glider or balloon. all flights. (2) A person using a current and valid (ii) Has a current standard * * * * * U.S. driver’s license to meet the airworthiness certificate or special (5) A flight instructor with a sport requirements of this paragraph must— airworthiness certificate in the limited, pilot rating must carry his or her (i) Comply with each restriction and primary, or light-sport category. logbook or other evidence of required limitation imposed by that person’s U.S. (2) * * * authorized instructor endorsements on driver’s license and any judicial or (i) An aircraft that has a current all flights when providing flight administrative order applying to the airworthiness certificate other than a standard airworthiness certificate or training. operation of a motor vehicle; I 28. Add § 61.52 to read as follows: (ii) Have been found eligible for the special airworthiness certificate in the issuance of at least a third-class airman limited, primary, or light-sport category, § 61.52 Use of aeronautical experience medical certificate at the time of his or but that otherwise meets the obtained in ultralight vehicles. her most recent application (if the requirements of paragraph (a)(1) of this (a) A person may use aeronautical person has applied for a medical section; experience obtained in an ultralight certificate); * * * * * vehicle to meet the requirements for the (iii) Not have had his or her most (b) * * * following certificates and ratings issued recently issued medical certificate (if (1) * * * under this part: the person has held a medical (iii) Except as provided in paragraphs (1) A sport pilot certificate. certificate) suspended or revoked or (e) and (f) of this section, at least two (2) A flight instructor certificate with most recent Authorization for a Special pilot stations with adequate visibility a sport pilot rating;

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(3) A private pilot certificate with a (2) The person has received a logbook (b) Any person who, before May 17, weight-shift-control or powered endorsement from an authorized 1967, has made and logged 10 or more parachute category rating. instructor who has determined that he flights as pilot in command of an (b) A person may use aeronautical or she is proficient to act as pilot in aircraft towing a glider or unpowered experience obtained in an ultralight command of the same category, class, ultralight vehicle in accordance with a vehicle to meet the provisions of make, and model of aircraft for which certificate of waiver need not comply §§ 61.69 and 61.415(e). application is made; and with paragraphs (a)(4) and (a)(5) of this (c) A person using aeronautical (3) The flight time specified in section. experience obtained in an ultralight paragraph (k)(1) of this section must be (c) The pilot, described in paragraph vehicle to meet the requirements for a logged between September 1, 2004 and (a)(4) of this section, who endorses the certificate or rating specified in August 31, 2005. logbook of a person seeking towing paragraph (a) of this section or the * * * * * privileges must have— requirements of paragraph (b) of this I 31. Revise § 61.69 to read as follows: (1) Met the requirements of this section must— section prior to endorsing the logbook of (1) Have been a registered ultralight § 61.69 Glider and unpowered ultralight the person seeking towing privileges; pilot with an FAA-recognized ultralight vehicle towing: Experience and training requirements. and organization when that aeronautical (2) Logged at least 10 flights as pilot (a) No person may act as pilot in experience was obtained; in command of an aircraft while towing command for towing a glider or (2) Document and log that a glider or unpowered ultralight vehicle. aeronautical experience in accordance unpowered ultralight vehicle unless that (d) If the pilot described in paragraph person— with the provisions for logging (a)(4) of this section holds only a private (1) Holds at least a private pilot aeronautical experience specified by an pilot certificate, then that pilot must FAA-recognized ultralight organization certificate with a category rating for powered aircraft; have— and in accordance with provisions for (1) Logged at least 100 hours of pilot- logging pilot time in aircraft as specified (2) Has logged at least 100 hours of pilot-in-command time in the aircraft in-command time in airplanes, or 200 in § 61.51; and hours of pilot-in-command time in a (3) Obtain the experience in a category, class and type, if required, that the pilot is using to tow a glider or combination of powered and other-than- category and class of vehicle powered aircraft; and corresponding to the rating or privileges unpowered ultralight vehicle; (3) Has a logbook endorsement from (2) Performed and logged at least three sought. an authorized instructor who certifies flights within the 12 calendar months I 29. Amend § 61.53 by adding preceding the month that pilot paragraph (c) to read as follows: that the person has received ground and flight training in gliders or unpowered accompanies or endorses the logbook of § 61.53 Prohibition on operations during ultralight vehicles and is proficient in— a person seeking towing privileges— medical deficiency. (i) The techniques and procedures (i) In an aircraft while towing a glider * * * * * essential to the safe towing of gliders or or unpowered ultralight vehicle (c) Operations requiring a medical unpowered ultralight vehicles, accompanied by another pilot who certificate or a U.S. driver’s license. For including airspeed limitations; meets the requirements of this section; operations provided for in § 61.23(c), a (ii) Emergency procedures; or person must meet the provisions of— (iii) Signals used; and (ii) As pilot in command of a glider (1) Paragraph (a) of this section if that (iv) Maximum angles of bank. or unpowered ultralight vehicle being person holds a valid medical certificate (4) Except as provided in paragraph towed by another aircraft. issued under part 67 of this chapter and (b) of this section, has logged at least I 32. Amend § 61.87 by: does not hold a current and valid U.S. three flights as the sole manipulator of I a. Adding the words ‘‘or privileges’’ driver’s license. the controls of an aircraft towing a after the word ‘‘rating’’ in the (2) Paragraph (b) of this section if that glider or unpowered ultralight vehicle introductory text of paragraphs (d), (g), person holds a current and valid U.S. simulating towing flight procedures (i), (j), and (k); driver’s license. while accompanied by a pilot who I b. Redesignating paragraphs (l), (m), I 30. Amend 61.63 by redesignating meets the requirements of paragraphs (c) and (n) as paragraphs (n), (o) and (p), paragraph (k) as (l), and add new and (d) of this section; respectively; and paragraph (k) to read as follows: (5) Except as provided in paragraph I c. Adding paragraphs (l) and (m) to (b) of this section, has received a read as follows: § 61.63 Additional aircraft ratings (other logbook endorsement from the pilot, than on an airplane transport pilot described in paragraph (a)(4) of this § 61.87 Solo requirements for student certificate). section, certifying that the person has pilots. * * * * * accomplished at least 3 flights in an * * * * * (k) Category class ratings for the aircraft while towing a glider or (l) Maneuvers and procedures for pre- operation of aircraft with experimental unpowered ultralight vehicle, or while solo flight training in a powered certificates: Notwithstanding the simulating towing flight procedures; parachute. A student pilot who is provisions of paragraphs (b) and (c) of and receiving training for a powered this section, a person holding at least a (6) Within the preceding 12 months parachute rating or privileges must recreational pilot certificate may apply has— receive and log flight training for the for a category and class rating limited to (i) Made at least three actual or following maneuvers and procedures: a specific make and model of simulated tows of a glider or unpowered (1) Proper flight preparation experimental aircraft, provided— ultralight vehicle while accompanied by procedures, including preflight (1) The person has logged at least 5 a qualified pilot who meets the planning and preparation, preflight hours flight time while acting as pilot in requirements of this section; or assembly and rigging, aircraft systems, command in the same category, class, (ii) Made at least three flights as pilot and powerplant operations. make, and model of aircraft that has in command of a glider or unpowered (2) Taxiing or surface operations, been issued an experimental certificate; ultralight vehicle towed by an aircraft. including run-ups.

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(3) Takeoffs and landings, including (c) A student pilot seeking a sport shift-control aircraft. A student pilot normal and crosswind. pilot certificate must comply with the who is receiving training for cross- (4) Straight and level flight, and turns provisions of paragraphs (a) and (b) of country flight in a weight-shift-control in both directions. this section and may not act as pilot in aircraft must receive and log flight (5) Climbs, and climbing turns in both command— training for the following maneuvers directions. (1) Of an aircraft other than a light- and procedures: (6) Airport traffic patterns, including sport aircraft; (1) Use of aeronautical charts for VFR entry and departure procedures. (2) At night; navigation using pilotage and dead (7) Collision avoidance, windshear (3) At an altitude of more than 10,000 reckoning with the aid of a magnetic avoidance, and wake turbulence feet MSL; and compass, as appropriate. avoidance. (4) In Class B, C, and D airspace, at (2) Use of aircraft performance charts (8) Descents, and descending turns in an airport located in Class B, C, or D pertaining to cross-country flight. both directions. airspace, and to, from, through, or on an (3) Procurement and analysis of (9) Emergency procedures and airport having an operational control aeronautical weather reports and equipment malfunctions. tower without having received the forecasts, including recognizing critical (10) Ground reference maneuvers. ground and flight training specified in weather situations and estimating (11) Straight glides, and gliding turns § 61.94 and an endorsement from an visibility while in flight. in both directions. authorized instructor. (4) Emergency procedures. I (12) Go-arounds. 34. Amend § 61.93 by adding (5) Traffic pattern procedures that (13) Approaches to landing areas with paragraphs (l) and (m) to read as follows: include area departure, area arrival, a simulated engine malfunction. § 61.93 Solo cross-country flight entry into the traffic pattern, and (14) Procedures for canopy packing requirements. approach. and aircraft disassembly. (6) Procedures and operating practices (m) Maneuvers and procedures for * * * * * (l) Maneuvers and procedures for for collision avoidance, wake turbulence pre-solo flight training in a weight-shift- cross-country flight training in a precautions, and windshear avoidance. control aircraft. A student pilot who is powered parachute. A student pilot who (7) Recognition, avoidance, and receiving training for a weight-shift- is receiving training for cross-country operational restrictions of hazardous control aircraft rating or privileges must flight in a powered parachute must terrain features in the geographical area receive and log flight training for the receive and log flight training in the where the cross-country flight will be following maneuvers and procedures: following maneuvers and procedures: flown. (1) Proper flight preparation (1) Use of aeronautical charts for VFR (8) Procedures for operating the procedures, including preflight navigation using pilotage and dead instruments and equipment installed in planning and preparation, preflight reckoning with the aid of a magnetic the aircraft to be flown, including assembly and rigging, aircraft systems, compass, as appropriate. recognition and use of the proper and powerplant operations. (2) Use of aircraft performance charts operational procedures and indications. (2) Taxiing or surface operations, pertaining to cross-country flight. (9) If equipped for flight using including run-ups. (3) Procurement and analysis of navigation radios, the use of radios for (3) Takeoffs and landings, including aeronautical weather reports and VFR navigation. normal and crosswind. forecasts, including recognizing critical (10) Recognition of weather and upper (4) Straight and level flight, and turns weather situations and estimating air conditions favorable for the cross- in both directions. visibility while in flight. country flight. (5) Climbs, and climbing turns in both (4) Emergency procedures. (11) Takeoff, approach and landing directions. (5) Traffic pattern procedures that procedures, including crosswind (6) Airport traffic patterns, including include area departure, area arrival, approaches and landings. entry and departure procedures. entry into the traffic pattern, and I 35. Add § 61.94 to read as follows: (7) Collision avoidance, windshear approach. avoidance, and wake turbulence (6) Procedures and operating practices § 61.94 Student pilot seeking a sport pilot avoidance. for collision avoidance, wake turbulence certificate or a recreational pilot certificate: (8) Descents, and descending turns in precautions, and windshear avoidance. Operations at airports within, and in both directions. (7) Recognition, avoidance, and airspace located within, Class B, C, and D (9) Flight at various airspeeds from airspace, or at airports with an operational operational restrictions of hazardous control tower in other airspace. maximum cruise to slow flight. terrain features in the geographical area (10) Emergency procedures and where the cross-country flight will be (a) A student pilot seeking a sport equipment malfunctions. flown. pilot certificate or a recreational pilot (11) Ground reference maneuvers. (8) Procedures for operating the certificate who wants to obtain (12) Stall entry, stall, and stall instruments and equipment installed in privileges to operate in Class B, C, and recovery. the aircraft to be flown, including D airspace, at an airport located in Class (13) Straight glides, and gliding turns recognition and use of the proper B, C, or D airspace, and to, from, in both directions. operational procedures and indications. through, or at an airport having an (14) Go-arounds. (9) If equipped for flight with operational control tower, must receive (15) Approaches to landing areas with navigation radios, the use of radios for and log ground and flight training from a simulated engine malfunction. VFR navigation. an authorized instructor in the (16) Procedures for disassembly. (10) Recognition of weather and upper following aeronautical knowledge areas * * * * * air conditions favorable for the cross- and areas of operation: I 33. Amend § 61.89 by adding country flight. (1) The use of radios, paragraph (c) to read as follows: (11) Takeoff, approach and landing communications, navigation systems procedures. and facilities, and radar services. § 61.89 General limitations. (m) Maneuvers and procedures for (2) Operations at airports with an * * * * * cross-country flight training in a weight- operating control tower, to include three

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takeoffs and landings to a full stop, with (b) A person who holds a current and (7) In Class A, B, C, and D airspace, each landing involving a flight in the valid recreational pilot certificate may at an airport located in Class B, C, or D traffic pattern, at an airport with an act as pilot in command of an aircraft on airspace, or to, from, through, or at an operating control tower. a flight within 50 nautical miles from airport having an operational control (3) Applicable flight rules of part 91 the departure airport, provided that tower; of this chapter for operations in Class B, person has— * * * * * C, and D airspace and air traffic control * * * * * (11) On a flight outside the United clearances. (c) A person who holds a current and States, unless authorized by the country (4) Ground and flight training for the valid recreational pilot certificate may in which the flight is conducted; specific Class B, C, or D airspace for act as pilot in command of an aircraft on (12) To demonstrate that aircraft in which the solo flight is authorized, if a flight that exceeds 50 nautical miles flight as an aircraft salesperson to a applicable, within the 90-day period from the departure airport, provided prospective buyer; preceding the date of the flight in that that person has— * * * * * airspace. The flight training must be * * * * * I 39. Amend § 61.107 by adding received in the specific airspace area for (d) A person who holds a current and paragraphs (b)(9) and (b)(10) to read as which solo flight is authorized. (5) Ground and flight training for the valid recreational pilot certificate may follows: act as pilot in command of an aircraft in specific airport located in Class B, C, or § 61.107 Flight proficiency. D airspace for which the solo flight is Class B, C, and D airspace, at an airport located in Class B, C, or D airspace, and * * * * * authorized, if applicable, within the 90- (b) * * * day period preceding the date of the to, from, through, or at an airport having an operational control tower, provided (9) For a powered parachute category flight at that airport. The flight and rating— ground training must be received at the that person has— (1) Received and logged ground and (i) Preflight preparation; specific airport for which solo flight is (ii) Preflight procedures; authorized. flight training from an authorized instructor on the following aeronautical (iii) Airport and seaplane base (b) The authorized instructor who operations, as applicable; provides the training specified in knowledge areas and areas of operation, as appropriate to the aircraft rating held: (iv) Takeoffs, landings, and go- paragraph (a) of this section must arounds; provide a logbook endorsement that (i) The use of radios, communications, navigation system and facilities, and (v) Performance maneuvers; certifies the student has received that (vi) Ground reference maneuvers; training and is proficient to conduct radar services. (ii) Operations at airports with an (vii) Navigation; solo flight in that specific airspace or at (viii) Night operations, except as that specific airport and in those operating control tower to include three takeoffs and landings to a full stop, with provided in § 61.110; aeronautical knowledge areas and areas (ix) Emergency operations; and each landing involving a flight in the of operation specified in this section. (x) Post-flight procedures. traffic pattern at an airport with an I 36. Amend § 61.95 by adding (10) For a weight-shift-control aircraft operating control tower. paragraph (c) to read as follows: category rating— (iii) Applicable flight rules of part 91 (i) Preflight preparation; § 61.95 Operations in Class B airspace and of this chapter for operations in Class B, (ii) Preflight procedures; at airports located within Class B airspace. C, and D airspace and air traffic control (iii) Airport and seaplane base clearances; * * * * * operations, as applicable; (c) This section does not apply to a (2) Been found proficient in those (iv) Takeoffs, landings, and go- student pilot seeking a sport pilot aeronautical knowledge areas and areas arounds; certificate or a recreational pilot of operation specified in paragraph (v) Performance maneuvers; certificate. (d)(1) of this section; and (vi) Ground reference maneuvers; I 37. Amend § 61.99 by revising the (3) Received from an authorized (vii) Navigation; introductory text to read as follows: instructor a logbook endorsement, (viii) Slow flight and stalls; which is carried on the person’s § 61.99 Aeronautical experience. (ix) Night operations, except as possession or readily accessible in the provided in § 61.110; A person who applies for a aircraft, that certifies the person has recreational pilot certificate must (x) Emergency operations; and received and been found proficient in (xi) Post-flight procedures. receive and log at least 30 hours of flight those aeronautical knowledge areas and time that includes at least— I 40. Amend § 61.109 by: areas of operation specified in I a. Revising the reference to ‘‘paragraph * * * * * paragraph (d)(1) of this section. (i)’’ to read ‘‘paragraph (k)’’ in the I 38. Amend § 61.101 by: (e) Except as provided in paragraphs I a. Revising paragraph (b) introductory introductory text of paragraphs (a), (b), (d) and (i) of this section, a recreational (c), (d), and (e); text and paragraph (c) introductory text; pilot may not act as pilot in command I I b. Redesignating paragraph (i) as b. Redesignating paragraphs (d) of an aircraft— through (i) as paragraphs (e) through (j), paragraph (k) and revising the reference (1) That is certificated— to ‘‘paragraph (i)(2)’’ to read ‘‘paragraph respectively; (i) For more than four occupants; I (k)(2)’’ in redesignated paragraph (k)(1); c. Revising redesignated paragraphs (e) (ii) With more than one powerplant; introductory text, (e)(1), (e)(2), (e)(7), and (iii) With a powerplant of more than I c. Adding new paragraphs (i) and (j). (e)(11), and (e)(12); and 180 horsepower; or I The additions and revisions read as d. Adding new paragraph (d). (iv) With retractable landing gear; I The addition and revisions read as follows: (2) That is classified as a multiengine follows: airplane, powered-lift, glider, airship, § 61.109 Aeronautical experience. § 61.101 Recreational pilot privileges and balloon, powered parachute, or weight- * * * * * limits. shift-control aircraft; (i) For a powered parachute rating. A * * * * * * * * * * person who applies for a private pilot

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certificate with a powered parachute (4) Ten hours of solo flight time in a logged between September 1, 2004 and category rating must log at least 25 weight-shift-control aircraft, consisting August 31, 2005. hours of flight time in a powered of at least— parachute that includes at least 10 hours (i) Five hours of solo cross-country Subpart H—Flight Instructors Other of flight training with an authorized time; Than Flight Instructors With a Sport instructor, including 30 takeoffs and (ii) One solo cross-country flight over Pilot Rating 100 nautical miles total distance, with landings, and 10 hours of solo flight I 44. Revise the heading of subpart H to landings at a minimum of three points, training in the areas of operation listed read as set forth above. in § 61.107 (b)(9) and the training must and one segment of the flight being a I 45. Revise § 61.181 to read as follows: include at least— straight line distance of at least 50 (1) One hour of cross-country flight nautical miles between takeoff and § 61.181 Applicability. training in a powered parachute that landing locations; and This subpart prescribes the includes a 1-hour cross-country flight (iii) Three takeoffs and landings (with requirements for the issuance of flight with a landing at an airport at least 25 each landing involving a flight in the instructor certificates and ratings nautical miles from the airport of traffic pattern) at an airport with an (except for flight instructor certificates departure; operating control tower. with a sport pilot rating), the conditions (2) Except as provided in § 61.110, 3 * * * * * under which those certificates and hours of night flight training in a I 41. Amend § 61.110 by adding ratings are necessary, and the powered parachute that includes 10 paragraph (c) to read as follows: limitations on those certificates and takeoffs and landings (with each landing § 61.110 Night flying exceptions. ratings. involving a flight in the traffic pattern) I 46. Amend § 61.213 by revising at an airport; * * * * * paragraphs (a)(4)(i) and (a)(4)(ii) to read (3) Three hours of flight training in (c) A person who does not meet the as follows: preparation for the practical test in a night flying requirements in powered parachute, which must have § 61.109(d)(2), (i)(2), or (j)(2) may be § 61.213 Eligibility requirements. been performed within the 60-day issued a private pilot certificate with the (a) * * * period preceding the date of the test; limitation ‘‘Night flying prohibited.’’ (4) * * * and This limitation may be removed by an (i) For a basic ground instructor rating (4) Three hours of solo flight time in examiner if the holder complies with §§ 61.97, 61.105, and 61.309; a powered parachute, consisting of at the requirements of § 61.109(d)(2), (i)(2), (ii) For an advanced ground instructor least— or (j)(2), as appropriate. rating §§ 61.97, 61.105, 61.125, 61.155, (i) One solo cross-country flight with I 42. Amend § 61.113 by revising and 61.309; and a landing at an airport at least 25 paragraph (g) to read as follows: * * * * * I 47. Amend § 61.215 by revising nautical miles from the departure § 61.113 Private pilot privileges and airport; and limitations: Pilot in command. paragraph (a) to read as follows: (ii) Twenty solo takeoffs and landings * * * * * § 61.215 Ground instructor privileges. to a full stop (with each landing (g) A private pilot who meets the (a) A person who holds a basic ground involving a flight in a traffic pattern) at requirements of § 61.69 may act as a instructor rating is authorized to an airport, with at least 3 takeoffs and pilot in command of an aircraft towing provide— landings at an airport with an operating a glider or unpowered ultralight vehicle. (1) Ground training in the control tower. I 43. Amend 61.165 by adding aeronautical knowledge areas required (j) For a weight-shift-control aircraft paragraph (f) to read as follows: for the issuance of a sport pilot rating. A person who applies for a certificate, recreational pilot certificate, private pilot certificate with a weight- § 61.165 Additional aircraft category and private pilot certificate, or associated shift-control rating must log at least 40 class ratings. ratings under this part; hours of flight time that includes at least * * * * * (2) Ground training required for a (f) Category class ratings for the 20 hours of flight training with an sport pilot, recreational pilot, and operation of aircraft with experimental authorized instructor and 10 hours of private pilot flight review; and solo flight training in the areas listed in certificates. Notwithstanding the (3) A recommendation for a § 61.107(b)(10) and the training must provisions of paragraphs (a) through (e) knowledge test required for the issuance include at least— of this section, a person holding an of a sport pilot certificate, recreational (1) Three hours of cross-country flight airline transport certificate may apply pilot certificate, or private pilot training in a weight-shift-control for a category and class rating limited to certificate under this part. aircraft; a specific make and model of (2) Except as provided in § 61.110, 3 * * * * * experimental aircraft, provided— I hours of night flight training in a (1) The person has logged at least 5 48. Amend part 61 by adding subpart weight-shift-control aircraft that hours flight time while acting as pilot in J to read as follows: includes— command in the same category, class, Subpart J—Sport Pilots (i) One cross-country flight over 75 make, and model of aircraft that has nautical miles total distance; and been issued an experimental certificate; Sec. (ii) Ten takeoffs and landings (with (2) The person has received a logbook 61.301 What is the purpose of this subpart each landing involving a flight in the endorsement from an authorized and to whom does it apply? traffic pattern) at an airport; instructor who has determined that he 61.303 If I want to operate a light-sport (3) Three hours of flight training in or she is proficient to act as pilot in aircraft, what operating limits and preparation for the practical test in a endorsement requirements in this command of the same category, class, subpart must I comply with? weight-shift-control aircraft, which must make, and model of aircraft for which 61.305 What are the age and language have been performed within the 60-day application is made; and requirements for a sport pilot certificate? period preceding the date of the test; (3) The flight time specified in 61.307 What tests do I have to take to obtain and paragraph (f)(1) of this section must be a sport pilot certificate?

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61.309 What aeronautical knowledge must I 61.327 How do I obtain privileges to certificates. It also applies to holders of have to apply for a sport pilot certificate? operate a light-sport aircraft that has a recreational pilot certificates and higher, 61.311 What flight proficiency VH greater than 87 knots CAS? as provided in § 61.303. requirements must I meet to apply for a 61.329 Are there special provisions for sport pilot certificate? obtaining a sport pilot certificate for § 61.303 If I want to operate a light-sport 61.313 What aeronautical experience must I persons who are registered ultralight aircraft, what operating limits and have to apply for a sport pilot certificate? pilots with an FAA-recognized ultralight endorsement requirements in this subpart 61.315 What are the privileges and limits of organization? my sport pilot certificate? must I comply with? 61.317 Is my sport pilot certificate issued § 61.301 What is the purpose of this (a) Use the following table to subpart and to whom does it apply? with aircraft category and class ratings? determine what operating limits and 61.319 Can I operate a make and model of (a) This subpart prescribes the endorsement requirements in this aircraft other than the make and model following requirements that apply to a for which I have received an subpart, if any, apply to you when you endorsement? sport pilot certificate: operate a light-sport aircraft. The (1) Eligibility. 61.321 How do I obtain privileges to medical certificate specified in this table (2) Aeronautical knowledge. operate an additional category or class of must be valid. If you hold a recreational light-sport aircraft? (3) Flight proficiency. 61.323 How do I obtain privileges to (4) Aeronautical experience. pilot certificate, but not a medical operate a make and model of lights-port (5) Endorsements. certificate, you must comply with cross- aircraft in the same category and class (6) Privileges and limits. country requirements in § 61.101 (c), within a different set of aircraft? (7) Transition provisions for even if your flight does not exceed 50 61.325 How do I obtain privileges to registered ultralight pilots. nautical miles from your departure operate a light-sport aircraft at an airport airport. You must also comply with within, or in airspace within, Class B, C, (b) Other provisions of this part apply and D airspace, or in other airspace with to the logging of flight time and testing. requirements in other subparts of this an airport having an operational control (c) This subpart applies to applicants part that apply to your certificate and tower? for, and holders of, sport pilot the operation you conduct.

If you hold And you hold Then you may operate And

(1) A medical certificate ...... (i) A sport pilot certificate, ...... (A) Any light sport aircraft for (1) You must hold any other en- which you hold the endorse- dorsements required by this ments required for its category, subpart, and comply with the class, make and model, limitations in § 61.315. (ii) At least a recreational pilot (A) Any light sport aircraft in that (1) You do not have to hold any certificate with a category and category and class, of the endorsements required class rating, by this subpart, nor do you have to comply with the limita- tions in § 61.315. (iii) At least a recreational pilot (A) That light sport aircraft, only if (1) You must comply with the limi- certificate but not a rating for you hold the endorsements re- tations in § 61.315, except the category and class of light quired in § 61.321 for its cat- § 61.315(c)(14) and, if a private sport aircraft you operate, egory and class, pilot or higher, § 61.315(c)(7). (2) Only a U.S. driver’s license ...... (i) A sport pilot certificate, (A) Any light sport aircraft for (1) You must hold any other en- which you hold the endorse- dorsements required by this ments required for its category, subpart, and comply with the class, make and model, limitations in § 61.315. (ii) At least a recreational pilot (A) Any light sport aircraft in that (1) You do not have to hold any certificate with a category and category and class, of the endorsements required class rating, by this subpart, but you must comply with the limitations in § 61.315. (iii) At least a recreational pilot (A) That light sport aircraft, only if (1) You must comply with the limi- certificate but not a rating for you hold the endorsements re- tations in § 61.315, except the category and class of light- quired in § 61.321 for its cat- § 61.315(c)(14) and, if a private sport aircraft you operate, egory and class, pilot or higher, § 61.315(c)(7). (3) Neither a medical certificate (i) A sport pilot certificate, (A) Only a light sport glider or bal- (1) You must hold any other en- nor a U.S. driver’s license loon for which you hold the en- dorsements required by this dorsements required for its cat- subpart, and comply with the egory, class, make and model, limitations in § 61.315. (ii) At least a private pilot certifi- (A) Only a light sport glider or bal- (1) You do not have to hold any cate with a category and class loon in that category and class, of the endorsements required rating for glider or balloon, by this subpart, but you must comply with the limitations in § 61.315. (iii) At least a private pilot certifi- (A) Only a light sport glider or bal- (1) You must comply with the limi- cate but not a rating for glider loon, if you hold the endorse- tations in § 61.315, except or balloon, ments required in § 61.321 for § 61.315(c)(14) and, if a private its category and class, pilot or higher, § 61.315(c)(7).

(b) A person using a current and valid (1) Comply with each restriction and administrative order applying to the U.S. driver’s license to meet the limitation imposed by that person’s U.S. operation of a motor vehicle; requirements of this paragraph must— driver’s license and any judicial or

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(2) Have been found eligible for the for a sport pilot certificate, you must (l) Preflight actions that include— issuance of at least a third-class airman receive a logbook endorsement from the (1) How to get information on runway medical certificate at the time of his or authorized instructor who provided you lengths at airports of intended use, data her most recent application (if the with flight training on the areas of on takeoff and landing distances, person has applied for a medical operation specified in §§ 61.309 and weather reports and forecasts, and fuel certificate); 61.311 in preparation for the practical requirements; and (3) Not have had his or her most test. This endorsement certifies that you (2) How to plan for alternatives if the recently issued medical certificate (if meet the applicable aeronautical planned flight cannot be completed or if the person has held a medical knowledge and experience requirements you encounter delays. certificate) suspended or revoked or and are prepared for the practical test. most recent Authorization for a Special § 61.311 What flight proficiency Issuance of a Medical Certificate § 61.309 What aeronautical knowledge requirements must I meet to apply for a must I have to apply for a sport pilot sport pilot certificate? withdrawn; and certificate? (4) Not know or have reason to know Except as specified in § 61.329, to of any medical condition that would Except as specified in § 61.329, to apply for a sport pilot certificate you make that person unable to operate a apply for a sport pilot certificate you must receive and log ground and flight light-sport aircraft in a safe manner. must receive and log ground training training from an authorized instructor from an authorized instructor or on the following areas of operation, as § 61.305 What are the age and language complete a home-study course on the appropriate, for airplane single-engine requirements for a sport pilot certificate? following aeronautical knowledge areas: land or sea, glider, gyroplane, airship, (a) To be eligible for a sport pilot (a) Applicable regulations of this balloon, powered parachute land or sea, certificate you must: chapter that relate to sport pilot and weight-shift-control aircraft land or (1) Be at least 17 years old (or 16 years privileges, limits, and flight operations. sea privileges: old if you are applying to operate a (b) Accident reporting requirements of (a) Preflight preparation. glider or balloon). the National Transportation Safety (b) Preflight procedures. (2) Be able to read, speak, write, and Board. (c) Airport, seaplane base, and understand English. If you cannot read, (c) Use of the applicable portions of gliderport operations, as applicable. speak, write, and understand English the aeronautical information manual (d) Takeoffs (or launches), landings, because of medical reasons, the FAA and FAA advisory circulars. and go-arounds. may place limits on your certificate as (d) Use of aeronautical charts for VFR (e) Performance maneuvers, and for are necessary for the safe operation of navigation using pilotage, dead gliders, performance speeds. light-sport aircraft. reckoning, and navigation systems, as (f) Ground reference maneuvers (not § 61.307 What tests do I have to take to appropriate. applicable to gliders and balloons). obtain a sport pilot certificate? (e) Recognition of critical weather (g) Soaring techniques (applicable To obtain a sport pilot certificate, you situations from the ground and in flight, only to gliders). must pass the following tests: windshear avoidance, and the (h) Navigation. procurement and use of aeronautical (a) Knowledge test. You must pass a (i) Slow flight (not applicable to weather reports and forecasts. knowledge test on the applicable lighter-than-air aircraft and powered aeronautical knowledge areas listed in (f) Safe and efficient operation of parachutes). aircraft, including collision avoidance, § 61.309. Before you may take the (j) Stalls (not applicable to lighter- and recognition and avoidance of wake knowledge test for a sport pilot than-air aircraft, gyroplanes, and turbulence. certificate, you must receive a logbook powered parachutes). (g) Effects of density altitude on endorsement from the authorized (k) Emergency operations. takeoff and climb performance. instructor who trained you or reviewed (l) Post-flight procedures. and evaluated your home-study course (h) Weight and balance computations. on the aeronautical knowledge areas (i) Principles of aerodynamics, § 61.313 What aeronautical experience listed in § 61.309 certifying you are powerplants, and aircraft systems. must I have to apply for a sport pilot prepared for the test. (j) Stall awareness, spin entry, spins, certificate? (b) Practical test. You must pass a and spin recovery techniques, as Except as specified in § 61.329, use practical test on the applicable areas of applicable. the following table to determine the operation listed in §§ 61.309 and 61.311. (k) Aeronautical decision making and aeronautical experience you must have Before you may take the practical test risk management. to apply for a sport pilot certificate:

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If you are applying for a sport pilot certifi- cate with . . . Then you must log at least . . . Which must include at least . . .

(a) Airplane category and single-engine (1) 20 hours of flight time, including at least 15 hours of (i) 2 hours of cross-country flight train- land or sea class privileges, flight training from an authorized instructor in a single-en- ing, (ii) 10 takeoffs and landings to a gine airplane and at least 5 hours of solo flight training in full stop (with each landing involving the areas of operation listed in § 61.311, a flight in the traffic pattern) at an air- port, (iii) One solo cross-country flight of at least 75 nautical miles total distance, with a full-stop landing at a minimum of two points 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 (iv) 3 hours of flight training on those areas of operation specified in § 61.311 preparing for the practical test within 60 days before the date of the test. (b) Glider category privileges, and you (1) 10 hours of flight time in a glider, including 10 flights in (i) Five solo launches and landings, have not logged at least 20 hours of a glider receiving flight training from an authorized in- and (ii) 3 hours of flight training on flight time in a heavier-than-air aircraft, structor and at least 2 hours of solo flight training in the those areas of operation specified in areas of operation listed in § 61.311, § 61.311 preparing for the practical test within 60 days before the date of the test. (c) Glider category privileges, and you (1) 3 hours of flight time in a glider, including five flights in (i) Three solo launches and landings, have logged 20 hours flight time in a a glider while receiving flight training from an authorized and (ii) 3 hours of flight training on heavier-than-air aircraft, instructor and at least 1 hour of solo flight training in the those areas of operation specified in areas of operation listed in § 61.311, § 61.311, preparing for the practical test within 60 days before the date of the test. (d) Rotorcraft category and gyroplane (1) 20 hours of flight time, including 15 hours of flight train- (i) 2 hours of cross-country flight train- class privileges, ing from an authorized instructor in a gyroplane and at ing, (ii) 10 takeoffs and landings to a least 5 hours of solo flight training in the areas of oper- full stop (with each landing involving ation listed in § 61.311, a flight in the traffic pattern) at an air- port, (iii) One solo cross-country flight of at least 50 nautical miles total distance, with a full-stop landing at a minimum of two points, 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 (iv) 3 hours of flight training on those areas of operation specified in § 61.311 preparing for the practical test within 60 days before the date of the test. (e) Lighter-than-air category and airship (1) 20 hours of flight time, including 15 hours of flight train- (i) 2 hours of cross-country flight train- class privileges, ing from an authorized instructor in an airship and at ing, (ii) Three takeoffs and landings least 3 hours performing the duties of pilot in command to a full stop (with each landing in- in an airship with an authorized instructor in the areas of volving a flight in the traffic pattern) operation listed in § 61.311, at an airport, (iii) One cross-country flight of at least 25 nautical miles be- tween the takeoff and landing loca- tions, and (iv) 3 hours of flight train- ing on those areas of operation specified in § 61.311 preparing for the practical test within 60 days be- fore the date of the test. (f) Lighter-than-air category and balloon (1) 7 hours of flight time in a balloon, including three flights (i) 2 hours of cross-country flight train- class privileges, with an authorized instructor and one flight performing ing, and (ii) 3 hours of flight training the duties of pilot in command in a balloon with an au- on those areas of operation specified thorized instructor in the areas of operation listed in in § 61.311 preparing for the practical § 61.311, test within 60 days before the date of the test.

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If you are applying for a sport pilot certifi- cate with . . . Then you must log at least . . . Which must include at least . . .

(g) Powered parachute category land or (1) 12 hours of flight time in a powered parachute, includ- (i) 1 hour of cross-country flight train- sea class privileges, ing 10 hours flight training and, and at least 2 hours solo ing, (ii) 20 takeoffs and landings to a flight training in the areas of operation listed in § 61.311. full stop in a powered parachute with each landing involving flight in the traffic pattern at an airport; (iii) 10 solo takeoffs and landings to a full stop (with each landing involving a flight in the traffic pattern) at an air- port, (iv) One solo flight with a land- ing at a different airport and one seg- ment of the flight consisting of a straight-line distance of at least 10 nautical miles between takeoff and landing locations, and (v) 3 hours of flight training on those areas of oper- ation specified in § 61.311 preparing for the practical test within 60 days before the date of the test. (h) Weight-shift-control aircraft category (1) 20 hours of light time, including 15 hours of flight train- (i) 2 hours of cross-country flight train- land or sea class privileges, ing from an authorized instructor in a weight-shift-control ing, (ii) 10 takeoffs and landings to a aircraft and at least 5 hours of solo flight training in the full stop (with each landing involving areas of operation listed in § 61.311, a flight in the traffic pattern) at an air- port, (iii) One solo cross-country flight of at least 50 nautical miles total distance, with a full-stop landing at a minimum of two points, and one segment of the flight consisting of a straight-line distance of at least 25 nautical miles between takeoff and landing locations, and (iv) 3 hours of flight training on those areas of oper- ation specified in § 61.311 preparing for the practical test within 60 days before the date of the test.

§ 61.315 What are the privileges and limits limit ‘‘Holder does not meet ICAO pilot is required by the type certificate of my sport pilot certificate? requirements.’’ of the aircraft or the regulations under (a) If you hold a sport pilot certificate (9) To demonstrate the aircraft in which the flight is conducted. you may act as pilot in command of a flight to a prospective buyer if you are light-sport aircraft, except as specified an aircraft salesperson. § 61.317 Is my sport pilot certificate issued in paragraph (c) of this section. (10) In a passenger-carrying with aircraft category and class ratings? (b) You may share the operating sponsored by a charitable organization. Your sport pilot certificate does not expenses of a flight with a passenger, (11) At an altitude of more than list aircraft category and class ratings. 10,000 feet MSL. provided the expenses involve only When you successfully pass the (12) When the flight or surface fuel, oil, airport expenses, or aircraft practical test for a sport pilot certificate, visibility is less than 3 statute miles. rental fees. You must pay at least half regardless of the light-sport aircraft the operating expenses of the flight. (13) Without visual reference to the surface. privileges you seek, the FAA will issue (c) You may not act as pilot in you a sport pilot certificate without any command of a light-sport aircraft: (14) If the aircraft has a VH that exceeds 87 knots CAS, unless you have category and class ratings. The FAA will (1) That is carrying a passenger or met the requirements of § 61.327. provide you with a logbook property for compensation or hire. (15) Contrary to any operating endorsement for the category, class, and (2) For compensation or hire. limitation placed on the airworthiness make and model of aircraft in which (3) In furtherance of a business. certificate of the aircraft being flown. you are authorized to act as pilot in (4) While carrying more than one (16) Contrary to any limit or command. passenger. endorsement on your pilot certificate, (5) At night. airman medical certificate, or any other § 61.319 Can I operate a make and model (6) In Class A airspace. limit or endorsement from an of aircraft other than the make and model (7) In Class B, C, and D airspace, at authorized instructor. aircraft for which I have received an an airport located in Class B, C, or D (17) Contrary to any restriction or endorsement? airspace, and to, from, through, or at an limitation on your U.S. driver’s license If you hold a sport pilot certificate airport having an operational control or any restriction or limitation imposed you may operate any make and model tower unless you have met the by judicial or administrative order when of light-sport aircraft in the same requirements specified in § 61.325. using your driver’s license to satisfy a category and class and within the same (8) Outside the United States, unless requirement of this part. set of aircraft as the make and model of you have prior authorization from the (18) While towing any object. aircraft for which you have received an country in which you seek to operate. (19) As a pilot flight crewmember on endorsement. Your sport pilot certificate carries the any aircraft for which more than one

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§ 61.321 How do I obtain privileges to § 61.323 How do I obtain privileges to (a) The use of radios, operate an additional category or class of operate a make and model of light-sport communications, navigation system/ light-sport aircraft? aircraft in the same category and class facilities, and radar services. within a different set of aircraft? If you hold a sport pilot certificate (b) Operations at airports with an and seek to operate an additional If you hold a sport pilot certificate operating control tower to include three category or class of light-sport aircraft, and seek to operate a make and model takeoffs and landings to a full stop, with you must— of light-sport aircraft in the same each landing involving a flight in the category and class but within a different (a) Receive a logbook endorsement traffic pattern, at an airport with an set of aircraft as the make and model of operating control tower. from the authorized instructor who aircraft for which you have received an trained you on the applicable (c) Applicable flight rules of part 91 endorsement, you must— of this chapter for operations in Class B, aeronautical knowledge areas specified (a) Receive and log ground and flight in § 61.309 and areas of operation C, and D airspace and air traffic control training from an authorized instructor in clearances. specified in § 61.311. The endorsement a make and model of light-sport aircraft certifies you have met the aeronautical that is within the same set of aircraft as § 61.327 How do I obtain privileges to knowledge and flight proficiency the make and model of aircraft you operate a light-sport aircraft that has a VH requirements for the additional light- intend to operate; greater than 87 knots CAS? sport aircraft privilege you seek; (b) Receive a logbook endorsement If you hold a sport pilot certificate (b) Successfully complete a from the authorized instructor who and you seek to operate a light-sport proficiency check from an authorized provided you with the aircraft specific aircraft that has a VH greater than 87 instructor other than the instructor who training specified in paragraph (a) of knots CAS you must— trained you on the aeronautical this section certifying you are proficient (a) Receive and log ground and flight knowledge areas and areas of operation to operate the specific make and model training from an authorized instructor in specified in §§ 61.309 and 61.311 for the of light-sport aircraft. an aircraft that has a VH greater than 87 additional light-sport aircraft privilege knots CAS; and you seek; § 61.325 How do I obtain privileges to (b) Receive a logbook endorsement operate a light-sport aircraft at an airport (c) Complete an application for those within, or in airspace within, Class B, C, and from the authorized instructor who privileges on a form and in a manner D airspace, or in other airspace with an provided the training specified in acceptable to the FAA and present this airport having an operational control tower? paragraph (a) of this section certifying application to the authorized instructor If you hold a sport pilot certificate that you are proficient in the operation who conducted the proficiency check and seek privileges to operate a light- of light-sport aircraft with a VH greater specified in paragraph (b) of this sport aircraft in Class B, C, or D than 87 knots CAS. section; and airspace, at an airport located in Class § 61.329 Are there special provisions for (d) Receive a logbook endorsement B, C, or D airspace, or to, from, through, obtaining a sport pilot certificate for from the instructor who conducted the or at an airport having an operational persons who are registered ultralight pilots proficiency check specified in control tower, you must receive and log with an FAA-recognized ultralight paragraph (b) of this section certifying ground and flight training. The organization? you are proficient in the applicable authorized instructor who provides this (a) If you are a registered ultralight areas of operation and aeronautical training must provide a logbook pilot with an FAA-recognized ultralight knowledge areas, and that you are endorsement that certifies you are organization use the following table to authorized for the additional category proficient in the following aeronautical determine how to obtain a sport pilot and class light-sport aircraft privilege. knowledge areas and areas of operation: certificate.

If you are . . . Then you must . . .

(1) A registered ultralight pilot with an FAA-recognized ultralight organi- (i) Not later than January 31, 2007— zation on or before September 1, 2004, and you want to apply for a sport pilot certificate (A) Meet the eligibility requirements in §§ 61.305 and 61.23, but not the aeronautical knowledge requirements specified in § 61.309, the flight proficiency requirements specified in § 61.311, and the aeronautical experience requirements specified in § 61.313, (B) Pass the knowledge test for a sport pilot certificate specified in § 61.307 or the knowledge test for a flight instructor certificate with a sport pilot rating specified in § 61.405, (C) Pass the practical test for a sport pilot certificate specified in § 61.307, (D) Provide the FAA with a certified copy of your ultralight pilot records from an FAA-recognized ultralight organization, and those records must (1) Document that you are a registered ultralight pilot with that FAA- recognized ultralight organization, and (2) Indicate that you are recognized to operate each category and class of aircraft for which you seek sport pilot privileges. (2) A registered ultralight pilot with an FAA-recognized ultralight organi- (i) Meet the eligibility requirements in §§ 61.305 and 61.23, zation after September 1, 2004, and you want to apply for a sport (ii) Meet the aeronautical knowledge requirements specified in pilot certificate § 61.309, the flight proficiency requirements specified in § 61.311, and aeronautical experience requirements specified in § 61.313; however, you may credit your ultralight aeronautical experience in accordance with § 61.52 toward the requirements in §§ 61.309, 61.311, and 61.313,

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If you are . . . Then you must . . .

(iii) Pass the knowledge and practical tests for a sport pilot certificate specified in § 61.307, and (iv) Provide the FAA with a certified copy of your ultralight pilot records from an FAA-recognized ultralight organization, and those records must (A) Document that you are a registered ultralight pilot with that FAA- recognized ultralight organization, and (B) Indicate that you are recognized to operate the category and class of aircraft for which you seek sport pilot privileges.

(b) When you successfully pass the 61.427 What must I do if my flight logbook endorsement certifying you are practical test for a sport pilot certificate, instructor certificate with a sport pilot prepared for the test from an authorized the FAA will issue you a sport pilot rating expires? instructor who trained you or evaluated certificate without any category and 61.429 May I exercise the privileges of a your home-study course on the flight instructor certificate with a sport class ratings. The FAA will provide you pilot rating if I hold a flight instructor aeronautical knowledge areas listed in with a logbook endorsement for the certificate with another rating? § 61.407. You must pass knowledge tests category, class, and make and model of 61.431 Are there special provisions for on— aircraft in which you have successfully obtaining a flight instructor certificate (1) The fundamentals of instructing passed the practical test and for which with a sport pilot rating for persons who listed in § 61.407(a), unless you meet you are authorized to act as pilot in are registered ultralight instructors with the requirements of § 61.407(c); and command. If you meet the provisions of an FAA-recognized ultralight (2) The aeronautical knowledge areas paragraph (a)(1) of this section, the FAA organization? for a sport pilot certificate applicable to will provide you with a logbook § 61.401 What is the purpose of this the aircraft category and class for which endorsement for each category, class, subpart? flight instructor privileges are sought. and make and model of aircraft listed on (a) This part prescribes the following (b) Practical test. the ultralight pilot records you provide requirements that apply to a flight (1) Before you take the practical test, to the FAA. instructor certificate with a sport pilot you must— I (i) Receive a logbook endorsement 49. Amend part 61 by adding subpart rating: K to read as follows: (1) Eligibility. from the authorized instructor who (2) Aeronautical knowledge. provided you with flight training on the Subpart K—Flight Instructors With a (3) Flight proficiency. areas of operation specified in § 61.409 Sport Pilot Rating (4) Endorsements. that apply to the category and class of aircraft privileges you seek. This Sec. (5) Privileges and limits. 61.401 What is the purpose of this subpart? (6) Transition provisions for endorsement certifies you meet the 61.403 What are the age, language, and pilot registered ultralight flight instructors. applicable aeronautical knowledge and certificate requirements for a flight (b) Other provisions of this part apply experience requirements and are instructor certificate with a sport pilot to the logging of flight time and testing. prepared for the practical test; rating? (ii) If you are seeking privileges to 61.405 What tests do I have to take to obtain § 61.403 What are the age, language, and provide instruction in an airplane or a flight instructor certificate with a sport pilot certificate requirements for a flight glider, receive a logbook endorsement pilot rating? instructor certificate with a sport pilot rating? from an authorized instructor indicating 61.407 What aeronautical knowledge must I that you are competent and possess have to apply for a flight instructor To be eligible for a flight instructor instructional proficiency in stall certificate with a sport pilot rating? certificate with a sport pilot rating you 61.409 What flight proficiency awareness, spin entry, spins, and spin must: recovery procedures after you have requirements must I meet to apply for a (a) Be at least 18 years old. received flight training in those training flight instructor certificate with a sport (b) Be able to read, speak, write, and pilot rating? areas in an airplane or glider, as understand English. If you cannot read, 61.411 What aeronautical experience must I appropriate, that is certificated for speak, write, and understand English have to apply for a flight instructor spins; because of medical reasons, the FAA certificate with a sport pilot rating? (2) You must pass a practical test— may place limits on your certificate as 61.413 What are the privileges of my flight (i) On the areas of operation listed in are necessary for the safe operation of instructor certificate with a sport pilot § 61.409 that are appropriate to the rating? light-sport aircraft. category and class of aircraft privileges 61.415 What are the limits of a flight (c) Hold at least a current and valid you seek; instructor certificate with a sport pilot sport pilot certificate with category and (ii) In an aircraft representative of the rating? class ratings or privileges, as applicable, category and class of aircraft for the 61.417 Will my flight instructor certificate that are appropriate to the flight with a sport pilot rating list aircraft privileges you seek; instructor privileges sought. category and class ratings? (iii) In which you demonstrate that 61.419 How do I obtain privileges to § 61.405 What tests do I have to take to you are able to teach stall awareness, provide training in an additional obtain a flight instructor certificate with a spin entry, spins, and spin recovery category or class of light-sport aircraft? sport pilot rating? procedures if you are seeking privileges 61.421 May I give myself an endorsement? 61.423 What are the recordkeeping To obtain a flight instructor certificate to provide instruction in an airplane or requirements for a flight instructor with with a sport pilot rating you must pass glider. If you have not failed a practical a sport pilot rating? the following tests: test based on deficiencies in your ability 61.425 How do I renew my flight instructor (a) Knowledge test. Before you take a to demonstrate knowledge or skill in certificate? knowledge test, you must receive a these areas and you provide the

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endorsement required by paragraph on the aeronautical knowledge areas (e) Airport, seaplane base, and (b)(1)(ii) of this section, an examiner applicable to a sport pilot certificate for gliderport operations, as applicable. may accept the endorsement instead of the aircraft category and class in which (f) Takeoffs (or launches), landings, the demonstration required by this you seek flight instructor privileges. and go-arounds. paragraph. If you are taking a test (c) You do not have to meet the (g) Fundamentals of flight. because you previously failed a test requirements of paragraph (a) of this (h) Performance maneuvers and for based on not meeting the requirements section if you— gliders, performance speeds. of this paragraph, you must pass a (1) Hold a flight instructor certificate (i) Ground reference maneuvers practical test on stall awareness, spin or ground instructor certificate issued (except for gliders and lighter-than-air). entry, spins, and spin recovery under this part; (j) Soaring techniques. instructional competency and (2) Hold a current teacher’s certificate (k) Slow flight (not applicable to proficiency in the applicable category issued by a State, county, city, or lighter-than-air and powered and class of aircraft that is certificated municipality; or parachutes). (3) Are employed as a teacher at an for spins. (l) Stalls (not applicable to lighter- accredited college or university. § 61.407 What aeronautical knowledge than-air, powered parachutes, and must I have to apply for a flight instructor § 61.409 What flight proficiency gyroplanes). certificate with a sport pilot rating? requirements must I meet to apply for a (m) Spins (applicable to airplanes and (a) Except as specified in paragraph flight instructor certificate with a sport pilot gliders). (c) of this section you must receive and rating? (n) Emergency operations. log ground training from an authorized You must receive and log ground and (o) Tumble entry and avoidance instructor on the fundamentals of flight training from an authorized techniques (applicable to weight-shift- instruction that includes: instructor on the following areas of control aircraft). (1) The learning process. operation for the aircraft category and (p) Post-flight procedures. (2) Elements of effective teaching. class in which you seek flight instructor (3) Student evaluation and testing. privileges: § 61.411 What aeronautical experience (4) Course development. (a) Technical subject areas. must I have to apply for a flight instructor (5) Lesson planning. (b) Preflight preparation. certificate with a sport pilot rating? (6) Classroom training techniques. (c) Preflight lesson on a maneuver to Use the following table to determine (b) You must receive and log ground be performed in flight. the experience you must have for each training from an authorized instructor (d) Preflight procedures. aircraft category and class:

If you are applying for a flight instructor certificate with a sport pilot rating Then you must log at least . . . Which must include at least . . . for . . .

(a) Airplane category and (1) 150 hours of flight time as a pilot, ...... (i) 100 hours of flight time as pilot in command in pow- single-engine class privi- ered aircraft, leges, (ii) 50 hours of flight time in a single-engine airplane, (iii) 25 hours of cross-country flight time, (iv) 10 hours of cross-country flight time in a single-en- gine airplane, and (v) 15 hours of flight time as pilot in command in a sin- gle-engine airplane that is a light-sport aircraft. (b) Glider category privi- (1) 25 hours of flight time as pilot in command in a glid- leges, er, 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) Rotorcraft category and (1) 125 hours of flight time as a pilot, ...... (i) 100 hours of flight time as pilot in command in pow- gyroplane class privileges, ered aircraft, (ii) 50 hours of flight time in a gyroplane, (iii) 10 hours of cross-country flight time, (iv) 3 hours of cross-country flight time in a gyroplane, and (v) 15 hours of flight time as pilot in command in a gy- roplane that is a light-sport aircraft. (d) Lighter-than-air category (1) 100 hours of flight time as a pilot, ...... (i) 40 hours of flight time in an airship, and airship class privi- (ii) 20 hours of pilot in command time in an airship, leges, (iii) 10 hours of cross-country flight time, (iv) 5 hours of cross-country flight time in an airship, and (v) 15 hours of flight time as pilot in command in an air- ship that is a light-sport aircraft. (e) Lighter-than-air category (1) 35 hours of flight time as pilot-in-command, ...... (i) 20 hours of flight time in a balloon, and balloon class privi- (ii) 10 flights in a balloon, and leges, (iii) 5 flights as pilot in command in a balloon that is a light-sport aircraft.

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If you are applying for a flight instructor certificate with a sport pilot rating Then you must log at least . . . Which must include at least . . . for . . .

(f) Weight-shift-control air- (1) 150 hours of flight time as a pilot, ...... (i) 100 hours of flight time as pilot in command in pow- craft category privileges, ered aircraft, (ii) 50 hours of flight time in a weight-shift-control air- craft, (iii) 25 hours of cross-country flight time, (iv) 10 hours of cross-country flight time in a weight- shift-control aircraft, and (v) 15 hours of flight time as pilot in command in a weight-shift-control aircraft that is a light-sport air- craft. (g) Powered-parachute cat- (1) 100 hours of flight time as a pilot, ...... (i) 75 hours of flight time as pilot in command in pow- egory privileges, ered aircraft, (ii) 50 hours of flight time in a powered parachute, (iii) 15 hours of cross-country flight time, (iv) 5 hours of cross-country flight time in a powered parachute, and (v) 15 hours of flight time as pilot in command in a powered parachute that is a light-sport aircraft.

§ 61.413 What are the privileges of my and make and model privileges or a Class B, C, or D airspace and to from, flight instructor certificate with a sport pilot pilot certificate with the applicable through or on an airport having an rating? category and class rating; and operational control tower, unless that If you hold a fight flight instructor (2) Applicable category and class you have— certificate with a sport pilot rating, you privileges for your flight instructor (i) Given that student ground and are authorized, within the limits of your certificate with a sport pilot rating. flight training in that airspace or at that certificate and rating, to provide training (b) You may not provide ground or airport; and and logbook endorsements for— flight training for a private pilot (ii) Determined that the student is (a) A student pilot seeking a sport certificate with a powered parachute or proficient to operate the aircraft safely. pilot certificate; weight-shift-control aircraft rating (4) Logbook of a pilot for a flight (b) A sport pilot certificate; unless you hold: review, unless you have conducted a (c) A flight instructor certificate with (1) At least a private pilot certificate review of that pilot in accordance with a sport pilot rating; with the applicable category and class the requirements of § 61.56. (d) A powered parachute or weight- rating; and (e) You may not provide flight shift-control aircraft rating; (2) Applicable category and class training in an aircraft unless you have (e) Sport pilot privileges; privileges for your flight instructor at least 5 hours of flight time in a make (f) A flight review or operating certificate with a sport pilot rating. and model of light-sport aircraft within privilege for a sport pilot; (c) You may not conduct more than 8 the same set of aircraft as the aircraft in (g) A practical test for a sport pilot hours of flight training in any 24- which you are providing training. certificate, a private pilot certificate consecutive-hour period. (f) You may not provide training to with a powered parachute or weight- (d) You may not endorse a: operate a light-sport aircraft in Class B, shift-control aircraft rating or a flight (1) Student pilot’s certificate or C, and D airspace, at an airport located instructor certificate with a sport pilot logbook for solo flight privileges, unless in Class B, C, or D airspace, and to, rating; you have— (h) A knowledge test for a sport pilot from, through, or at an airport having an (i) Given that student the flight operational control tower, unless you certificate, a private pilot certificate training required for solo flight with a powered parachute or weight- have the endorsement specified in privileges required by this part; and § 61.325, or are otherwise authorized to shift-control aircraft rating or a flight (ii) Determined that the student is instructor certificate with a sport pilot conduct operations in this airspace and prepared to conduct the flight safely at these airports. rating; and under known circumstances, subject to (i) A proficiency check for an (g) You may not provide training in a any limitations listed in the student’s additional category, class, or make and light-sport aircraft with a VH greater logbook that you consider necessary for model privilege for a sport pilot than 87 knots CAS unless you have the the safety of the flight. endorsement specified in § 61.327, or certificate or a flight instructor (2) Student pilot’s certificate and certificate with a sport pilot rating. are otherwise authorized to operate that logbook for a solo cross-country flight, light-sport aircraft. § 61.415 What are the limits of a flight unless you have determined the (h) You must perform all training in instructor certificate with a sport pilot student’s flight preparation, planning, an aircraft that complies with the rating? equipment, and proposed procedures requirements of § 91.109 of this chapter. If you hold a flight instructor are adequate for the proposed flight (i) If you provide flight training for a certificate with a sport pilot rating, you under the existing conditions and certificate, rating or privilege, you must are subject to the following limits: within any limitations listed in the provide that flight training in an aircraft (a) You may not provide ground or logbook that you consider necessary for that meets the following: flight training in any aircraft for which the safety of the flight. (1) The aircraft must have at least two you do not hold: (3) Student pilot’s certificate and pilot stations and be of the same (1) A sport pilot certificate with logbook for solo flight in Class B, C, and category and class appropriate to the applicable category and class privileges D airspace areas, at an airport within certificate, rating or privilege sought.

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(2) For single place aircraft, pre-solo flight review, authorization, practical rating for a new certificate with a sport flight training must be provided in an test, knowledge test, or proficiency pilot rating and any other rating on that aircraft that has two pilot stations and check required by this part. certificate by passing a practical test as is of the same category and class prescribed in § 61.405(b) or § 61.183(h) appropriate to the certificate, rating, or § 61.423 What are the recordkeeping for one of the ratings listed on the requirements for a flight instructor with a privilege sought. sport pilot rating? expired flight instructor certificate. The FAA will reinstate any privilege § 61.417 Will my flight instructor certificate (a) As a flight instructor with a sport authorized by the expired certificate. with a sport pilot rating list aircraft category pilot rating you must: and class ratings? (1) Sign the logbook of each person to § 61.429 May I exercise the privileges of a Your flight instructor certificate does whom you have given flight training or flight instructor certificate with a sport pilot not list aircraft category and class ground training. rating if I hold a flight instructor certificate ratings. When you successfully pass the (2) Keep a record of the name, date, with another rating? practical test for a flight instructor and type of endorsement for: If you hold a current and valid flight certificate with a sport pilot rating, (i) Each person whose logbook or instructor certificate, a commercial pilot regardless of the light-sport aircraft student pilot certificate you have certificate with an airship rating, or a privileges you seek, the FAA will issue endorsed for solo flight privileges. commercial pilot certificate with a you a flight instructor certificate with a (ii) Each person for whom you have balloon rating issued under this part, sport pilot rating without any category provided an endorsement for a and you seek to exercise the privileges and class ratings. The FAA will provide knowledge test, practical test, or of a flight instructor certificate with a you with a logbook endorsement for the proficiency check, and the record must sport pilot rating, you may do so category and class of light-sport aircraft indicate the kind of test or check, and without any further showing of you are authorized to provide training the results. proficiency, subject to the following in. (iii) Each person whose logbook you limits: have endorsed as proficient to operate— (a) You are limited to the aircraft § 61.419 How do I obtain privileges to (A) An additional category or class of category and class ratings listed on your provide training in an additional category or light-sport aircraft; flight instructor certificate, commercial class of light-sport aircraft? (B) An additional make and model of pilot certificate with an airship rating, If you hold a flight instructor light-sport aircraft; or commercial pilot certificate with a certificate with a sport pilot rating and (C) In Class B, C, and D airspace; at balloon rating, as appropriate, when seek to provide training in an additional an airport located in Class B, C, or D exercising your flight instructor category or class of light-sport aircraft airspace; and to, from, through, or at an privileges and the privileges specified in you must— airport having an operational control § 61.413. (a) Receive a logbook endorsement tower; and (b) You must comply with the limits from the authorized instructor who (D) A light-sport aircraft with a VH specified in § 61.415 and the trained you on the applicable areas of greater than 87 knots CAS. recordkeeping requirements of § 61.423. operation specified in § 61.409 (iv) Each person whose logbook you (c) If you want to exercise the certifying you have met the aeronautical have endorsed as proficient to provide privileges of your flight instructor knowledge and flight proficiency flight training in an additional— certificate, commercial pilot certificate requirements for the additional category (A) Category or class of light-sport with an airship rating, or commercial and class flight instructor privilege you aircraft; and pilot certificate with a balloon rating, as seek; (B) Make and model of light-sport appropriate, in a category, class, or (b) Successfully complete a aircraft. make and model of light-sport aircraft proficiency check from an authorized (b) Within 10 days after providing an for which you are not currently rated, instructor other than the instructor who endorsement for a person to operate or you must meet all applicable trained you on the areas specified in provide training in an additional requirements to provide training in an § 61.409 for the additional category and category and class of light-sport aircraft additional category or class of light- class flight instructor privilege you seek; you must— sport aircraft specified in § 61.419. (c) Complete an application for those (1) Complete, sign, and submit to the privileges on a form and in a manner FAA the application presented to you to § 61.431 Are there special provisions for acceptable to the FAA and present this obtaining a flight instructor certificate with obtain those privileges; and a sport pilot rating for persons who are application to the authorized instructor (2) Retain a copy of the form. who conducted the proficiency check registered ultralight instructors with an (c) You must keep the records listed FAA-recognized ultralight organization? specified in paragraph (b) of this in this section for 3 years. You may keep section; and If you are a registered ultralight these records in a logbook or a separate instructor with an FAA-recognized (d) Receive a logbook endorsement document. from the instructor who conducted the ultralight organization on or before proficiency check specified in § 61.425 How do I renew my flight September 1, 2004, and you want to paragraph (b) of this section certifying instructor certificate? apply for a flight instructor certificate you are proficient in the areas of If you hold a flight instructor with a sport pilot rating, not later than operation and authorized for the certificate with a sport pilot rating you January 31, 2008— additional category and class flight may renew your certificate in (a) You must hold either a current and instructor privilege. accordance with the provisions of valid sport pilot certificate, a current § 61.197. recreational pilot certificate and meet § 61.421 May I give myself an the requirements § 61.101(c), or at least endorsement? § 61.427 What must I do if my flight a current and valid private pilot No. If you hold a flight instructor instructor certificate with a sport pilot rating certificate issued under this part. certificate with a sport pilot rating, you expires? (b) You must meet the eligibility may not give yourself an endorsement You may exchange your expired flight requirements in §§ 61.403 and 61.23. for any certificate, privilege, rating, instructor certificate with a sport pilot You do not have to meet the

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aeronautical knowledge requirements Authority: 49 U.S.C. 106(g), 40113, 44701– appliance, of an aircraft with a special specified in § 61.407, the flight 44703, 44707, 44709–44711, 45102–45103, airworthiness certificate in the light- proficiency requirements specified in 45301–45302. sport category after performing and § 61.409 and the aeronautical I 51. Amend § 65.85 by designating the inspecting a major repair or major experience requirements specified in existing text as paragraph (a) and alteration for products that are not § 61.411, except you must meet the inserting phrase ‘‘Except as provided in produced under an FAA approval, minimum total flight time requirements paragraph (b) of this section,’’ at the provided the work was performed in in the category and class of light-sport beginning of new paragraph (a), and accordance with instructions developed aircraft specified in § 61.411. adding paragraph (b) to read as follows: by the manufacturer or a person (c) You do not have to meet the acceptable to the FAA. aeronautical knowledge requirement § 65.85 Airframe rating; additional I 53. Amend § 65.101 by revising specified in § 61.407(a) if you have privileges. paragraph (b) to read as follows: passed an FAA-recognized ultralight * * * * * organization’s fundamentals of (b) A certificated mechanic with an § 65.101 Eligibility requirements: General. instruction knowledge test. airframe rating can approve and return * * * * * (d) You must submit a certified copy to service an airframe, or any related (b) This section does not apply to the of your ultralight pilot records from the part or appliance, of an aircraft with a issuance of a repairman certificate FAA-recognized ultralight organization. special airworthiness certificate in the (experimental aircraft builder) under Those records must— light-sport category after performing and § 65.104 or to a repairman certificate (1) Document that you are a registered inspecting a major repair or major (light-sport aircraft) under § 65.107. ultralight flight instructor with that alteration for products that are not I 54. Amend § 65.103 by adding FAA-recognized ultralight organization; produced under an FAA approval paragraph (c) to read as follows: and provided the work was performed in accordance with instructions developed § 65.103 Repairman certificate: Privileges (2) Indicate that you are recognized to and limitations. operate and provide training in the by the manufacturer or a person * * * * * category and class of aircraft for which acceptable to the FAA. I (c) This section does not apply to the you seek privileges. 52. Amend § 65.87 by designating the holder of a repairman certificate (light- (e) You must pass the knowledge test existing text as paragraph (a) and sport aircraft) while that repairman is and practical test for a flight instructor inserting the phrase ‘‘Except as provided performing work under that certificate. certificate with a sport pilot rating in paragraph (b) of this section,’’ at the applicable to the aircraft category and beginning of new paragraph (a) and * * * * * class for which you seek flight adding paragraph (b) to read as follows: I 55. Add § 65.107 to subpart E to read as follows: instructor privileges. § 65.87 Powerplant rating; additional privileges. § 65.107 Repairman certificate (light-sport PART 65—CERTIFICATION: AIRMEN aircraft): Eligibility, privileges, and limits. OTHER THAN FLIGHT * * * * * CREWMEMBERS (b) A certificated mechanic with a (a) Use the following table to powerplant rating can approve and determine your eligibility for a I 50. The authority citation for part 65 return to service a powerplant or repairman certificate (light-sport continues to read as follows: propeller, or any related part or aircraft) and appropriate rating:

To be eligible for You must

(1) A repairman certificate (light-sport aircraft) ...... (i) Be at least 18 years old, (ii) Be able to read, speak, write, and understand English. If for medical reasons you cannot meet one of these requirements, the FAA may place limits 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 been lawfully admitted for permanent residence in the United States. (2) A repairman certificate (light-sport aircraft) with an inspection rating (i) Meet the requirements of paragraph (a)(1) of this section, and (ii) Complete a 16-hour training course acceptable to the FAA on in- specting the particular class of experimental light-sport aircraft for which you intend to exercise the privileges of this rating. (3) A repairman certificate (light-sport aircraft) with a maintenance rat- (i) Meet the requirements of paragraph (a)(1) of this section, and ing (ii) Complete a training course acceptable to the FAA on maintaining the particular class of light-sport aircraft for which you intend to exer- cise the privileges of this rating. The training course must, at a min- imum, provide the following number of hours of instruction: (A) For airplane class privileges—120-hours, (B) For weight-shift control aircraft class privileges—104 hours, (C) For powered parachute class privileges—104 hours, (D) For lighter than air class privileges—80 hours, (E) For glider class privileges—80 hours.

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(b) The holder of a repairman manuals for the specific operation (ii) The pilot in command holds a certificate (light-sport aircraft) with an concerned. recreational pilot certificate and has inspection rating may perform the met— PART 91—GENERAL OPERATING AND annual condition inspection on a light- (A) The requirements of § 61.101(d) of FLIGHT RULES sport aircraft: this chapter; or (1) That is owned by the holder; I 56. The authority citation for part 91 (B) The requirements for a student (2) That has been issued an continues to read as follows: pilot seeking a recreational pilot experimental certificate for operating a certificate in § 61.94 of this chapter; light-sport aircraft under § 21.191(i) of Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44709, this chapter; and (iii) The pilot in command holds a 44711, 44712, 44715, 44716, 44717, 44722, sport pilot certificate and has met — (3) That is in the same class of light- 46306, 46315, 46316, 46504, 46506–56507, sport-aircraft for which the holder has 47122, 47508, 47528–47531, articles 12 and (A) The requirements of § 61.325 of completed the training specified in 29 of the Convention on International Civil this chapter; or paragraph (a)(2)(ii) of this section. Aviation (61 stat. 1180). (B) The requirements for a student (c) The holder of a repairman I 57. Amend § 91.1 by revising pilot seeking a recreational pilot certificate (light-sport aircraft) with a paragraph (b) to read as follows: certificate in § 61.94 of this chapter; or maintenance rating may— § 91.1 Applicability. (iv) The aircraft is operated by a (1) Approve and return to service an student pilot who has met the aircraft that has been issued a special * * * * * requirements of § 61.94 or § 61.95 of this (b) Each person operating an aircraft airworthiness certificate in the light- chapter, as applicable. sport category under § 21.190 of this in the airspace overlying the waters chapter, or any part thereof, after between 3 and 12 nautical miles from * * * * * performing or inspecting maintenance the coast of the United States must (2) Notwithstanding the provisions of (to include the annual condition comply with §§ 91.1 through 91.21; paragraphs (b)(1)(ii), (b)(1)(iii) and inspection and the 100-hour inspection §§ 91.101 through 91.143; §§ 91.151 (b)(1)(iv) of this section, no person may required by § 91.327 of this chapter), through 91.159; §§ 91.167 through take off or land a civil aircraft at those preventive maintenance, or an alteration 91.193; § 91.203; § 91.205; §§ 91.209 airports listed in section 4 of appendix (excluding a major repair or a major through 91.217; § 91.221; §§ 91.303 D to this part unless the pilot in alteration on a product produced under through 91.319; §§ 91.323 through command holds at least a private pilot an FAA approval); 91.327; § 91.605; § 91.609; §§ 91.703 certificate. (2) Perform the annual condition through 91.715; and § 91.903. * * * * * inspection on a light-sport aircraft that * * * * * I 61. Amend § 91.155 by revising has been issued an experimental I 58. Amend § 91.113 by revising paragraph (b)(2) to read as follows: certificate for operating a light-sport paragraphs (d)(2) and (d)(3) to read as aircraft under § 21.191(i) of this chapter; follows: § 91.155 Basic VFR weather minimums. and * * * * * (3) Only perform maintenance, § 91.113 Right-of-way rules: Except water operations. (b) * * * preventive maintenance, and an alteration on a light-sport aircraft that is * * * * * (2) Airplane, powered parachute, or in the same class of light-sport aircraft (d) * * * weight-shift-control aircraft. If the for which the holder has completed the (2) A glider has the right-of-way over visibility is less than 3 statute miles but training specified in paragraph (a)(3)(ii) an airship, powered parachute, weight- not less than 1 statute mile during night of this section. Before performing a shift-control aircraft, airplane, or hours and you are operating in an 1 major repair, the holder must complete rotorcraft. airport traffic pattern within ⁄2 mile of (3) An airship has the right-of-way additional training acceptable to the the runway, you may operate an over a powered parachute, weight-shift- FAA and appropriate to the repair airplane, powered parachute, or weight- control aircraft, airplane, or rotorcraft. performed. shift-control aircraft clear of clouds. (d) The holder of a repairman * * * * * * * * * * I certificate (light-sport aircraft) with a 59. Amend § 91.126 by revising I 62. Amend § 91.213 by revising maintenance rating may not approve for paragraph (b)(2) to read as follows: paragraph (d)(1)(i) to read as follows: return to service any aircraft or part § 91.126 Operating on or in the vicinity of thereof unless that person has § 91.213 Inoperative instruments and an airport in Class G airspace. equipment. previously performed the work (b) * * * * * * * * concerned satisfactorily. If that person (2) Each pilot of a helicopter or a has not previously performed that work, powered parachute must avoid the flow (d) * * * the person may show the ability to do of fixed-wing aircraft. (1) * * * the work by performing it to the * * * * * (i) Rotorcraft, non-turbine-powered satisfaction of the FAA, or by I 60. Amend § 91.131 by revising airplane, glider, lighter-than-air aircraft, performing it under the direct paragraphs (b)(1)(i), (b)(1)(ii) and (b)(2), powered parachute, or weight-shift- supervision of a certificated and and by adding paragraphs (b)(1)(iii) and control aircraft, for which a master appropriately rated mechanic, or a (b)(1)(iv) to read as follows: minimum equipment list has not been certificated repairman, who has had developed; or previous experience in the specific § 91.131 Operations in Class B airspace. operation concerned. The repairman * * * * * * * * * * may not exercise the privileges of the (b) * * * I 63. Amend § 91.309 by revising the certificate unless the repairman (1) * * * section heading and paragraphs (a) understands the current instructions of (i) The pilot in command holds at introductory text, (a)(3), (a)(5), and (b) to the manufacturer and the maintenance least a private pilot certificate; read as follows:

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§ 91.309 Towing: Gliders and unpowered (f) No person may lease an aircraft appropriately rated repair station in ultralight vehicles. that is issued an experimental certificate accordance with the applicable (a) No person may operate a civil under § 21.191(i) of this chapter, except provisions of part 43 of this chapter and aircraft towing a glider or unpowered in accordance with paragraph (e)(1) of maintenance and inspection procedures ultralight vehicle unless— this section. developed by the aircraft manufacturer * * * * * (g) No person may operate an aircraft or a person acceptable to the FAA; (3) The towline used has breaking issued an experimental certificate under (2) A condition inspection is strength not less than 80 percent of the § 21.191(i)(1) of this chapter to tow a performed once every 12 calendar maximum certificated operating weight glider that is a light-sport aircraft or months by a certificated repairman of the glider or unpowered ultralight unpowered ultralight vehicle for (light-sport aircraft) with a maintenance vehicle and not more than twice this compensation or hire or to conduct rating, an appropriately rated mechanic, operating weight. However, the towline flight training for compensation or hire or an appropriately rated repair station used may have a breaking strength more in an aircraft which that persons in accordance with inspection than twice the maximum certificated provides unless within the preceding procedures developed by the aircraft operating weight of the glider or 100 hours of time in service the aircraft manufacturer or a person acceptable to unpowered ultralight vehicle if— has— the FAA; (i) A safety link is installed at the (1) Been inspected by a certificated (3) The owner or operator complies point of attachment of the towline to the repairman (light-sport aircraft) with a with all applicable airworthiness glider or unpowered ultralight vehicle maintenance rating, an appropriately directives; with a breaking strength not less than 80 rated mechanic, or an appropriately (4) The owner or operator complies percent of the maximum certificated rated repair station in accordance with with each safety directive applicable to operating weight of the glider or inspection procedures developed by the the aircraft that corrects an existing unpowered ultralight vehicle and not aircraft manufacturer or a person unsafe condition. In lieu of complying greater than twice this operating weight; acceptable to the FAA; or with a safety directive an owner or (ii) A safety link is installed at the (2) Received an inspection for the operator may— point of attachment of the towline to the issuance of an airworthiness certificate (i) Correct the unsafe condition in a towing aircraft with a breaking strength in accordance with part 21 of this manner different from that specified in greater, but not more than 25 percent chapter. the safety directive provided the person greater, than that of the safety link at the (h) The FAA may issue deviation issuing the directive concurs with the towed glider or unpowered ultralight authority providing relief from the action; or vehicle end of the towline and not provisions of paragraph (a) of this (ii) Obtain an FAA waiver from the greater than twice the maximum section for the purpose of conducting provisions of the safety directive based certificated operating weight of the flight training. The FAA will issue this on a conclusion that the safety directive glider or unpowered ultralight vehicle; deviation authority as a letter of was issued without adhering to the * * * * * deviation authority. applicable consensus standard; (5) The pilots of the towing aircraft (1) The FAA may cancel or amend a (5) Each alteration accomplished after and the glider or unpowered ultralight letter of deviation authority at any time. the aircraft’s date of manufacture meets vehicle have agreed upon a general (2) An applicant must submit a the applicable and current consensus course of action, including takeoff and request for deviation authority to the standard and has been authorized by release signals, airspeeds, and FAA at least 60 days before the date of either the manufacturer or a person emergency procedures for each pilot. intended operations. A request for acceptable to the FAA; (b) No pilot of a civil aircraft may deviation authority must contain a (6) Each major alteration to an aircraft intentionally release a towline, after complete description of the proposed product produced under a consensus release of a glider or unpowered operation and justification that standard is authorized, performed and ultralight vehicle, in a manner that establishes a level of safety equivalent to inspected in accordance with endangers the life or property of that provided under the regulations for maintenance and inspection procedures another. the deviation requested. developed by the manufacturer or a person acceptable to the FAA; and I 64. Amend § 91.319 by redesignating * * * * * (7) The owner or operator complies paragraph (e) as paragraph (h) and I 65. Add § 91.327 to read as follows: adding new paragraphs (e), (f) and (g) to with the requirements for the recording read as follows: § 91.327 Aircraft having a special of major repairs and major alterations airworthiness certificate in the light-sport performed on type-certificated products § 91.319 Aircraft having experimental category: Operating limitations. in accordance with § 43.9(d) of this certificates: Operating limitations. (a) No person may operate an aircraft chapter, and with the retention * * * * * that has a special airworthiness requirements in § 91.417. (e) No person may operate an aircraft certificate in the light-sport category for (c) No person may operate an aircraft that is issued an experimental certificate compensation or hire except— issued a special airworthiness certificate under § 21.191(i) of this chapter for (1) To tow a glider or an unpowered in the light-sport category to tow a compensation or hire, except a person ultralight vehicle in accordance with glider or unpowered ultralight vehicle may operate an aircraft issued an § 91.309 of this chapter; or for compensation or hire or conduct experimental certificate under (2) To conduct flight training. flight training for compensation or hire § 21.191(i)(1) for compensation or hire (b) No person may operate an aircraft in an aircraft which that persons to— that has a special airworthiness provides unless within the preceding (1) Tow a glider that is a light-sport certificate in the light-sport category 100 hours of time in service the aircraft aircraft or unpowered ultralight vehicle unless— has— in accordance with § 91.309; or (1) The aircraft is maintained by a (1) Been inspected by a certificated (2) Conduct flight training in an certificated repairman with a light-sport repairman with a light-sport aircraft aircraft which that person provides aircraft maintenance rating, an maintenance rating, an appropriately prior to January 31, 2010. appropriately rated mechanic, or an rated mechanic, or an appropriately

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rated repair station in accordance with in the light-sport category must advise introductory text of Section 4 to read as inspection procedures developed by the each person carried of the special nature follows: aircraft manufacturer or a person of the aircraft and that the aircraft does acceptable to the FAA and been not meet the airworthiness requirements Appendix D to Part 91—Airports/ approved for return to service in for an aircraft issued a standard Locations: Special Operating accordance with part 43 of this chapter; airworthiness certificate. Restrictions or (f) The FAA may prescribe additional * * * * * (2) Received an inspection for the limitations that it considers necessary. Section 4. Locations at which solo student, issuance of an airworthiness certificate I 66. Amend § 91.409 by revising sport, and recreational pilot activity is not in accordance with part 21 of this paragraph (c)(1) to read as follows: permitted. chapter. Pursuant to § 91.131(b)(2), solo student, (d) Each person operating an aircraft § 91.409 Inspections. sport, and recreational pilot operations are issued a special airworthiness certificate * * * * * not permitted at any of the following airports. in the light-sport category must operate (c) * * * * * * * * the aircraft in accordance with the (1) An aircraft that carries a special flight permit, a current experimental Issued in Washington, DC, on July 16, aircraft’s operating instructions, 2004. including any provisions for necessary certificate, or a light-sport or provisional operating equipment specified in the airworthiness certificate; Marion C. Blakey, aircraft’s equipment list. * * * * * Administrator. (e) Each person operating an aircraft I 67. Amend Appendix D to part 91 by [FR Doc. 04–16577 Filed 7–20–04; 9:33 am] issued a special airworthiness certificate revising the section heading and BILLING CODE 4910–13–P

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