[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Proposed Rules]
[Pages 5368-5415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2302]



[[Page 5367]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 1 et al.



Certification of Aircraft and Airmen for the Operation of Light-Sport 
Aircraft; Proposed Rule

  Federal Register / Vol. 67, No. 24 / Tuesday, February 5, 2002 / 
Proposed Rules  

[[Page 5368]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 21, 43, 45, 61, 65 and 91

[Docket No. FAA-2001-11133; Notice No. 02-03]
RIN 2120-AH19


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

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

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

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

SUPPLEMENTARY INFORMATION:

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

I. Public Comment Procedures

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

Availability of Rulemaking Documents

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

II. Overview of the Proposal

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

[[Page 5369]]

Certification of Light-Sport Aircraft

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

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

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

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

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

[[Page 5370]]

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

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

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

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

Certification of Repairmen To Maintain Light-Sport Aircraft

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

III. Effects of the Proposal on the Public and Industry

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

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

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

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

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

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

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

[[Page 5371]]

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 5372]]

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

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

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

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

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

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

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

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

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

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

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

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

I. Background

A. Current Rules

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

[[Page 5373]]

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

B. The FAA's Reason for This Proposal

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

[[Page 5374]]

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

[[Page 5375]]

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

V. The Aviation Rulemaking Advisory Committee (ARAC)

ARAC's Role in This Rulemaking

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

ARAC's Recommended Sport Pilot Certificate

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

ARAC's Airman Medical Certification Recommendations

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

ARAC's Recommended Flight Standards Review Board (FSRB)

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

FAA's Response to the ARAC Recommendations

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

[[Page 5376]]

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

VI. Section-by-Section Analysis of the Proposal

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

    Proposed section 1.1 would be revised to add the terms ``light-
sport aircraft,'' ``consensus standard,'' ``powered parachute,'' and 
``weight-shift-control aircraft'' to the list of definitions.
Definition of ``Light-Sport Aircraft''
    This proposal would establish a new category of aircraft--light-
sport aircraft that would include airplanes, gliders, gyroplanes, 
powered parachutes, lighter-than-air, and weight-shift-control 
aircraft. These aircraft fall between ``small aircraft'' as defined in 
current Sec. 1.1 and ``ultralight vehicles'' as defined in current 
Sec. 103.1. Helicopters and powered-lift aircraft would be excluded 
from the definition of light-sport aircraft due to their complex 
operation, maintenance, design, and manufacture.
    A light-sport aircraft would have a maximum takeoff weight of 1,232 
lbs (560 kilograms), or a maximum gross weight of 660 lbs (300 
kilograms) for lighter-than-air aircraft. These weight limits should 
accommodate a significant number of aircraft that are simple, low 
performance, and have no more than two occupants. These aircraft may be 
manufactured in the United States or another country.
    A light-sport aircraft would have a maximum speed in level flight 
with maximum continuous power (VH) of 115 knots. This limits 
the commanded kinetic energy of an aircraft flown by a pilot holding a 
sport pilot certificate. The FAA chose to use VH as the 
limiting speed for powered, light-sport aircraft as it is simple to 
verify during testing. The FAA believes that aircraft with a 
VH greater that 115 knots would be inappropriate for 
operation by persons with the minimum training and experience of a 
sport pilot, which prepares them for flying simple, low performance 
aircraft for sport and recreation. This value is consistent with light-
sport aircraft airworthiness design standards adopted by other 
airworthiness authorities.
    An unpowered light-sport aircraft (e.g. glider) would have a 
maximum never-exceed speed (VNE) of 115 knots, as 
VH is not applicable. This speed limitation also limits the 
commanded kinetic energy of an aircraft flown by a pilot holding a 
sport pilot certificate. For a VNE equal to 80% of the 
aircraft's structural design limit speed, a 115-knot VNE 
limit for aircraft would mean that structural design limits would 
preclude gliders with a speed capability in excess of 144 knots from 
being approved as light-sport aircraft (144  x  .80=115).
    A light-sport aircraft would have a maximum stall speed in the 
landing configuration (VS0) of 39 knots. This value for a 
maximum stall speed is a characteristic of low-performance aircraft and 
would assist in ensuring that light-sport aircraft possess handling 
characteristics commensurate with the training and experience of sport 
pilots. It is also consistent with foreign airworthiness standards for 
similar performance aircraft.
    A light-sport aircraft would have a maximum stall speed in the 
landing configuration without the use of lift-enhancement devices 
(VS1) of 44 knots. The FAA selected this value to allow for 
the use of simple lift-enhancing systems that can result in a 5-knot 
stall speed decrease. With this limit, if more effective lift-
enhancement systems are used on the aircraft, the resulting 
VS0 would be lowered further. The FAA recognizes that this 
limitation, combined with the VS0 limit, also would limit 
the maximum speed of the aircraft.
    A light-sport aircraft would carry no more than two occupants, 
including the pilot. This limitation is consistent with the size of the 
aircraft and the limitations of a sport pilot certificate.
    A light-sport aircraft would be limited to a single, non-turbine 
engine, if powered. The FAA believes that the requirement for no more 
than one engine keeps the aircraft simple and limits speed. The 
requirement for a non-turbine engine is intended to limit the engine to 
a simple-to-operate design, such as a conventional reciprocating engine 
(including a rotary or diesel engine) and would also permit simple 
alternatives, such as electric engines.
    A light sport aircraft, if powered, would be limited to a fixed or 
ground-adjustable propeller. The FAA determined that a propeller that 
could not be adjusted in pitch in flight was necessary to limit the 
operational complexity of the aircraft and would be consistent with the 
skills necessary to hold a sport pilot certificate.
    The cabin of a light-sport aircraft would be unpressurized. Cabin 
pressurization systems and the associated pressure vessel are complex 
to design and manufacture and the systems can be difficult to operate. 
The FAA determined that the requirement for an unpressurized cabin is 
consistent with the skills necessary to hold a sport pilot certificate 
and with the philosophy of light-sport aircraft design and manufacture.
    A light-sport aircraft would have fixed landing gear, except that 
for seaplanes, repositionable landing gear that would allow the wheels 
to be rotated for amphibious operations would be acceptable. 
Retractable gear systems are complex to design, manufacture, and 
maintain, and may be complex to operate in flight. The FAA determined 
that the requirement for fixed landing gear is consistent with the 
philosophy of keeping light-sport aircraft design, manufacture, and 
operation simple. Repositionable gear on a seaplane is of simple design 
and operation. Accordingly, the FAA has determined that repositionable 
gear would be consistent with the skills necessary to hold a sport 
pilot certificate as it is analogous to a ground adjustable pitch 
propeller.
Definition of ``Consensus Standard''
    The FAA is proposing that the light-sport aircraft industry develop 
and reach a consensus on an airworthiness standard that would govern 
light-sport aircraft--(1) design and performance, (2) quality assurance 
system requirements, (3) production acceptance test specifications, and 
(4) continued operational safety monitoring system characteristics. 
This standard would be used by the manufacturer of an aircraft intended 
to be issued a special light-sport airworthiness certificate or of a 
kit intended for certification as a light-sport aircraft. Consensus 
standard means, for the purpose of certificating light-sport aircraft, 
an industry-developed consensus airworthiness standard that addresses 
these four topics, as described below.
    (1) Design and performance. The consensus standard would govern 
light-sport aircraft design and performance. A suitable standard would 
identify minimum aircraft flight and ground performance standards, in 
addition to design practices to prohibit, that would ensure a safe 
aircraft for the operator. It would also establish flight proficiency 
training requirements that would be

[[Page 5377]]

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

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

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

[[Page 5378]]

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

[[Page 5379]]

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

[[Page 5380]]

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

[[Page 5381]]

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

[[Page 5382]]

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

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

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

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

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

[[Page 5383]]

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

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

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

General

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

[[Page 5384]]

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

[[Page 5385]]

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

[[Page 5386]]

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

[[Page 5387]]

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

[[Page 5388]]

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

[[Page 5389]]

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

[[Page 5390]]

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

[[Page 5391]]

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

[[Page 5392]]

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

[[Page 5393]]

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

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

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

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

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

[[Page 5394]]

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

VII. Paperwork Reduction Act

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

[[Page 5395]]

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

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

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

14 CFR Part 21

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

14 CFR Part 47

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

14 CFR Part 61

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

14 CFR Part 183

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

14 CFR Part 65

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

Total Impact of the Proposal

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

VIII. International Compatibility

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

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

A. Economic Evaluation

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

[[Page 5396]]

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

Light-Sport Aircraft Airworthiness Certification Costs

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

Annual Condition Inspection and Repairman Certification Costs

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

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

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

[[Page 5397]]

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

Analysis of Alternatives

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

[[Page 5398]]

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

B. Initial Regulatory Flexibility Determination

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

[[Page 5399]]

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

C. International Trade Impact Statement

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

D. Initial Unfunded Mandates Assessment

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

X. Executive Order 13132, Federalism

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

XI. Environmental Analysis

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

XII. Energy Impact

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

[[Page 5400]]

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 21

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

14 CFR Part 43

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 45

    Aircraft, Exports, Signs and symbols.

14 CFR Part 61

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

14 CFR Part 65

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

14 CFR Part 91

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

The Proposed Amendment

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

PART 1--DEFINITIONS AND ABBREVIATIONS

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

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

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


Sec. 1.1  General definitions.

* * * * *
    Consensus standard means, for the purpose of certificating light-
sport aircraft, an industry-developed consensus airworthiness standard 
that governs aircraft design and performance, quality assurance system 
requirements, production acceptance test specifications, and continued 
operational safety monitoring system characteristics.
* * * * *
    Light-sport aircraft means an aircraft, other than a helicopter or 
powered-lift, that is limited to:
    (1) A maximum takeoff weight of 1,232 pounds (560 kilograms) or, 
for lighter-than-air aircraft, a maximum gross weight of 660 pounds 
(300 kilograms);
    (2) A maximum airspeed in level flight with maximum continuous 
power (VH) of 115 knots CAS under standard atmospheric 
conditions;
    (3) A maximum never-exceed speed (VNE) of 115 knots CAS 
for a glider;
    (4) A maximum stalling speed or minimum steady flight speed in the 
landing configuration (VS0) of 39 knots CAS;
    (5) A maximum stalling speed or minimum steady flight speed without 
the use of lift-enhancing devices (VS1) of 44 knots CAS;
    (6) A maximum seating capacity of two persons, including the pilot;
    (7) A single, non-turbine engine, if powered;
    (8) A fixed or ground-adjustable propeller, if powered;
    (9) A fixed-pitch, semi-rigid, teetering, two-blade rotor system, 
if a gyroplane;
    (10) A non-pressurized cabin, if equipped with a cabin; and
    (11) Fixed landing gear, or for seaplanes, repositionable landing 
gear.
* * * * *
    Powered parachute means a powered aircraft that derives its lift 
from a non-rigid wing that inflates into a lifting surface when exposed 
to a wind. A powered parachute is propelled by an engine that is an 
integral part of the aircraft and is controlled by a pilot within a 
fuselage suspended beneath the non-rigid wing.
* * * * *
    Weight-shift-control aircraft means a powered aircraft with a 
framed pivoting wing and a fuselage that is controllable in pitch and 
roll only by the pilot's ability to change the aircraft's center of 
gravity.
* * * * *

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

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

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

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


Sec. 21.175  Airworthiness certificates: classification.

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


Sec. 21.181  Duration.

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


Sec. 21.182  Aircraft identification.

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


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

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

[[Page 5401]]

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


Sec. 21.191  Experimental certificates.

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


Sec. 21.193  Experimental certificates: general.

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

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

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

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

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


Sec. 43.1  Applicability.

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

PART 45--IDENTIFICATION AND REGISTRATION MARKING

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

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

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


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

* * * * *

[[Page 5402]]

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


Sec. 45.29  Size of marks.

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

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

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

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

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

SFAR No. 89--Sport Pilot Certification

General

Section

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

Student Pilot Certificate to Operate Light-Sport Aircraft

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

Sport Pilot Certificate

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

Privileges and Limits of Holders of a Sport Pilot Certificate

71. What type of aircraft may I fly if I hold a sport pilot 
certificate?
73. What are my limits for the operation of light-sport aircraft?
75. May I demonstrate an aircraft in flight to a prospective buyer?
77. May I carry a passenger?
79. May I share operating expenses of a flight with a passenger?
81. How do I obtain privileges to operate in Class B, C, or D 
airspace?
83. How do I obtain privileges to operate a light-sport aircraft 
that has a 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 private pilot certificate issued under 14 CFR part 61?
93. How do I obtain a sport pilot certificate if I do not hold a 
pilot certificate issued under 14 CFR part 61, but I have been 
flying ultralight vehicles under 14 CFR part 103?
95. How do I obtain a sport pilot certificate if I don't hold a 
pilot certificate and have never flown an ultralight vehicle?

Flight Instructor Certificate With a Sport Pilot Rating

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

Transitioning to a Flight Instructor Certificate With a Sport Pilot 
Rating

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

Pilot Logbooks

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

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

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

Ground Instructor Privileges

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

[[Page 5403]]

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

General

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

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

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

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

Student Pilot Certificate for Operating Light-Sport Aircraft

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

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

[[Page 5404]]

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

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

Sport Pilot Certificate

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

[[Page 5405]]

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

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

[[Page 5406]]

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

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

Privileges and Limits of Holders of a Sport Pilot Certificate

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

[[Page 5407]]

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

Transitioning to a Sport Pilot Certificate

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

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

[[Page 5408]]

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

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

Flight Instructor Certificate With a Sport Pilot Rating

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

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

[[Page 5409]]

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

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

[[Page 5410]]

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

Transitioning to a Flight Instructor Certificate With a Sport Pilot 
Rating

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

[[Page 5411]]

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

Pilot Logbooks

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

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

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

Ground Instructors

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


Sec. 61.1  Applicability and definitions.

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


Sec. 61.5  Certificates and ratings issued under this part.

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

[[Page 5412]]

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


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

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


Sec. 61.99  Aeronautical experience.

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


Sec. 61.101  Recreational pilot privileges and limits.

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


Sec. 61.107  Flight proficiency.

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


Sec. 61.109  Aeronautical experience.

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

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

[[Page 5413]]

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

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


Sec. 61.195  Flight instructor limitations and qualifications.

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

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

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

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

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


Sec. 65.101  Eligibility requirements: General.

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


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

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

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

[[Page 5414]]

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

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

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

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


Sec. 91.1  Applicability.

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


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

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


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

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


Sec. 91.131  Operations in Class B airspace.

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


Sec. 91.155  Basic VFR weather minimums.

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


Sec. 91.213  Inoperative instruments and equipment.

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


Sec. 91.319  Aircraft having experimental certificates: Operating 
limitations.

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

[[Page 5415]]

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

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


Sec. 91.409  Inspections.

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

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