[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Rules and Regulations]
[Pages 44772-44882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16577]



[[Page 44771]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 1, 21, et al.



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

  Federal Register / Vol. 69, No. 143 / Tuesday, July 27, 2004 / Rules 
and Regulations  

[[Page 44772]]


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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; Amendment No. 1-53; 21-85; 43-39; 45-24; 
61-110; 65-45; 91-282]
RIN 2120--AH19


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is creating a new rule for the manufacture, 
certification, operation, and maintenance of light-sport aircraft. 
Light-sport aircraft weigh less than 1,320 pounds (1,430 pounds for 
aircraft intended for operation on water) and are heavier and faster 
than ultralight vehicles 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, lack of appropriate regulations for existing 
aircraft, several petitions for rulemaking, and petitions for 
exemptions from existing regulations. The intended effect of this 
action is to provide for the manufacture of safe and economical 
certificated aircraft that exceed the limits currently allowed by 
ultralight regulation, and to allow operation of these aircraft by 
certificated pilots for sport and recreation, to carry a passenger, and 
to conduct flight training and towing in a safe manner.

DATES: Effective September 1, 2004.

FOR FURTHER INFORMATION CONTACT: For questions on airman certification 
and operational issues (parts 1, 61, and 91 of title 14, Code of 
Federal Regulations (14 CFR)), contact Susan Gardner, Flight Standards 
Service, General Aviation and Commercial Division (AFS-800), Federal 
Aviation Administration, 800 Independence Ave., SW., Washington, DC 
20591; telephone 907-271-2034 or 202-267-8212.
    For questions on aircraft certification and identification (14 CFR 
parts 21 and 45), contact Scott Sedgwick, Aircraft Certification 
Service, Small Airplane Directorate (ACE-100), Federal Aviation 
Administration, 901 Locust Street, Kansas City, MO 64106; telephone 
816-329-2464; fax 816-329-4090; e-mail [email protected].
    For questions on aircraft maintenance and repairman certification 
(14 CFR parts 43 and 65), contact Bill O'Brien, Aircraft Maintenance 
Division (AFS-305), Federal Aviation Administration, 800 Independence 
Ave., SW., Washington, DC 20591; telephone (202) 267-3796.
    In addition, information on the implementation of this rule is 
available on http://AFS600.faa.gov.

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by--
    (1) Searching the Department of Transportation's (DOT) electronic 
Docket Management System (DMS) Web page (http://dms.dot.gov/search).
    (2) Visiting the FAA Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfn.
    (3) Accessing the Government Printing Office'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 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. 
Identify the amendment number or docket number of this rulemaking.
    You may search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, or labor union, etc.). You may review DOT's complete Privacy 
Act statement in the April 11, 2000 Federal Register (65 FR 19477) or 
at http://dms.dot.gov.

Implementation Information

    The FAA spent a considerable amount of time determining the 
effective date of the final rule. Based on a review of the planning and 
scheduling of the tasks necessary to support the development of the 
infrastructure to implement the final rule, the agency believes that it 
had two options in determining this date. The first option was to 
establish the effective date of the rule after all of the guidance, 
policy, and infrastructure was in place to implement the rule. The FAA 
considered the economic impact of delaying the implementation of the 
rule while waiting for all of this material to be completed and 
believes that such action would not be in the best interest of those 
persons affected by the rule. Additionally, the complexity of the rule 
and the interrelationship among many of its new provisions makes the 
use of more than a single effective date for the rule difficult to 
implement. The second option was to select an effective date shortly 
after publication of the rule in the Federal Register. The FAA could 
then provide the public with many of the benefits of the rule while 
concurrently carrying out a plan for implementing other portions of the 
rule. The plan will contain milestones for completion of the specific 
guidance, policy, and infrastructure necessary for the public to 
conduct operations and seek certification under the new regulations. 
Selection of this option, for example, will permit currently 
certificated pilots to take advantage of many of the benefits of the 
new rule, such as those provisions relating to the exercise of sport 
pilot privileges without the necessity of holding an airman medical 
certificate. The infrastructure to implement other provisions of the 
rule can be developed during this period.
    Due to the agency's intent to provide the public with as many of 
the benefits of the rule as soon as possible, the agency has 
established a single effective date of September 1, 2004 for the final 
rule. Shortly after publication of this rule, the FAA will post an 
implementation plan for the rule on the FAA Sport Pilot and Light-Sport 
Aircraft Web site, http://www.faa.gov/avr/afs/ sportpilot or http://AFS600.faa.gov. The FAA recognizes that persons seeking certification 
as airmen under the rule or seeking the certification of light-sport 
aircraft under the rule will not be able to obtain such certification 
immediately after the rule's effective date. The FAA, however, will 
work closely with the sport aviation community and those organizations 
that support its members to ensure that each milestone on the FAA's 
implementation plan is met and that information regarding 
implementation of the rule is made available in a timely manner.
    The FAA has also reissued exemptions to the Experimental Aircraft 
Association (EAA), the United States Ultralight Organization (USUA), 
and Aero Sports Connection (ASC) that address flight training in 
ultralight vehicles. These revised exemptions from certain provisions 
of 14 CFR part 103 contain an expiration date of January 31, 2008. This 
date coincides with the date established to transition existing 
ultralight training vehicles, single and two-place ultralight-like 
aircraft, and ultralight operators and instructors to the provisions of 
the final rule.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or

[[Page 44773]]

advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact its local FAA official, or the person listed 
under FOR FURTHER INFORMATION CONTACT above. You can find out more 
about SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.htm.

Guide to Terms and Acronyms Frequently Used in This Document

AD--Airworthiness Directive
AGL--Above ground level
AME--Aviation Medical Examiner
ARAC--Aviation Rulemaking Advisory Committee
ASC-- Aero Sports Connection
ATC--Air traffic control
BAA-- Bilateral Airworthiness Agreement
BASA-- Bilateral Aviation Safety Agreement
CAS--Calibrated airspeed
DAR--Designated Airworthiness Representative
DPE--Designated pilot examiner
EAA--Experimental Aircraft Association
Experimental light-sport aircraft--Aircraft issued an experimental 
certificate under Sec.  21.191(i)
IFR--Instrument flight rules
LTA--Lighter-than-air
MSL--Mean sea level
NAS--National Airspace System
NM--Nautical mile
NTSB--National Transportation Safety Board
PMA--Parts Manufacturer Approval
SFAR--Special Federal Aviation Regulation
Special light-sport aircraft--Aircraft issued a special 
airworthiness certificate in the light-sport category (or, aircraft 
issued a special airworthiness certificate under Sec.  21.190)
STC--Supplemental type certificate
TC--Type certificate
TSO--Technical Standard Order
Ultralight-like aircraft--An unregistered aircraft that exceeds the 
parameters of part 103 and meets the definition of ``light-sport 
aircraft''
USUA--United States Ultralight Association
VH--Maximum airspeed in level flight with maximum 
continuous power
VNE--Maximum never-exceed speed
VS0--Maximum stalling speed or minimum steady flight 
speed in landing configuration
VS1--Maximum stalling speed or minimum steady flight 
speed without the use of lift-enhancing devices

Outline of This Document

I. The Proposed Rule
    I.1. NPRM and On-Line Public Forum
    I.2. Public Comment Period
    I.3. Ex Parte Communications
II. Purpose of This Final Rule
III. General Discussion of Changes in the Final Rule
    III.1. FAA Judgment and Discretion
    III.2. Summary of Significant Issues Raised By Commenters
    III.3. Security Concerns Related to Pilot Identification and 
Certification
    III.4. SFAR No. 89
    III.5.A. Comments on Ultralight Vehicles
    III.5.B. Future Rulemaking on Ultralight Vehicles
IV. Comparative Tables
V. Section-by-Section Discussion of Comments and Changes 
Incorporated Into the Final Rule
    V.1. Part 1
    V.2. Part 21
    V.3. Part 43
    V.3.A. Part 43--General Issues
    V.3.B. Part 43--Section-by-Section Discussion
    V.4. Part 45
    V.5. Part 61
    V.5.A. Part 61--General Issues
    V.5.A.i. SFAR No. 89 Conversion Table
    V.5.A.ii. Medical Provisions
    V.5.A.iii. Flight Training and Proficiency Requirements
    V.5.A.iv. Make and Model Logbook Endorsements, and Sets of 
Aircraft
    V.5.A.v. Changes to Airspace Restrictions
    V.5.A.vi. Changes to Altitude Limitations
    V.5.A.vii. Gyroplanes
    V.5.A.viii. Demonstration of Aircraft to Perspective Buyers
    V.5.A.ix. Category and Class Discussion: FAA Form 8710-11 
Submission
    V.5.B. Part 61 Section-by-Section Discussion
    V.6. Part 65
    V.7. Part 91
    V.7.A. Part 91--General Issues
    V.7.B. Part 91--Section-by-Section Discussion
VI. Plain Language
VII. Paperwork Reduction Act
VIII. International Compatibility
IX. Economic Assessment
X. Regulatory Flexibility Determination
XI. Trade Impact Analysis
XII. Unfunded Mandates Assessment
XIII. Executive Order 3132, Federalism
XIV. Environmental Analysis
XV. Energy Impact
XVI. List of Subjects

I. The Proposed Rule

I.1. NPRM and On-Line Public Forum

    On February 5, 2002 the FAA published the Notice of Proposed 
Rulemaking (NPRM), ``Certification of Aircraft and Airmen for the 
Operation of Light-Sport Aircraft'' (67 FR 5368; Feb. 5, 2002), and 
requested comments by May 6, 2002. In addition, the FAA held an on-line 
public forum from April 1, 2002, until April 19, 2002, during which 
time the FAA posed 15 questions on the Internet. For a description of 
the on-line public forum and a list of the 15 questions, see the FAA's 
announcement published in the Federal Register on March 19, 2002 (67 FR 
12826; March 19, 2002). The NPRM and the announcement of the on-line 
public forum are in the public docket for this rulemaking.

I.2. Public Comment Period

    The FAA received over 4,700 comments to the NPRM. Of those, 2,913 
were in response to the publication of the NPRM in the Federal 
Register, and approximately 1,800 additional comments came through the 
on-line forum. To read the on-line forum comments, go to the electronic 
docket address given above in the section entitled ``Availability of 
Rulemaking Documents'' and view item number 2676 in Docket No. FAA-
2001-11133. A detailed discussion of the public's comments and the 
FAA's responses are in ``V. Section-by-Section Discussion of Comments 
and Changes Incorporated Into the Final Rule.''
    Most commenters expressed fundamental agreement with the FAA's 
intent in proposing the rule. While there were many comments containing 
specific criticisms of the proposed rule and suggestions for how the 
rule could be improved, few of the commenters expressed a complete 
disagreement with the FAA's goal of providing for the manufacture of 
safe and economical aircraft and to allow operation of these aircraft 
by the public in a safe manner. Some comments contained numerous 
specific suggestions and criticisms, yet were prefaced by a statement 
of support for the FAA's efforts to make aviation more accessible to 
the general public. It should be noted that, while not substantial in 
number, several commenters expressed a fundamental disagreement with 
the FAA's proposed action, based upon a lack of confidence in the 
ultralight community. The commenters did not support these concerns 
with accompanying data.

I.3. Ex Parte Communications

    The FAA worked closely with industry associations on this 
rulemaking in a number of ways. FAA staff conducted informational 
sessions with interested groups to determine how these rules, if 
adopted, should best be implemented. The FAA also assisted 
manufacturers in the development of consensus standards for light-sport 
aircraft. The Experimental Aircraft Association (EAA) and others met 
with the FAA repeatedly to urge the completion of this rulemaking as 
quickly as possible so as to meet the public need for authority to 
engage in activities permitted under this rule.
    On occasion, FAA personnel met with interested organizations to 
discuss specific aspects of the NPRM and to determine, based on 
information received from these groups, how the NPRM should be 
modified. The issues discussed, however, were also set out in

[[Page 44774]]

numerous comments to the public docket. These discussions, while of an 
ex parte nature, have helped to develop a final rule that is responsive 
to the comments. The revisions to the NPRM, as adopted in this final 
rule, respond to written and oral concerns raised by individuals and 
organizations. This final rule reflects the FAA's independent judgment 
as to the appropriate level of safety for the manufacture and operation 
of light-sport aircraft.

II. Purpose of This Rule

    The FAA intends this rule to--
     Increase safety in the light-sport aircraft community by 
closing the gaps in existing regulations and by accommodating new 
advances in technology.
     Provide for the manufacture of light-sport aircraft that 
are safe for their intended operations.
     Allow operation of light-sport aircraft exceeding the 
limits of ultralight vehicles operated under 14 CFR part 103, with a 
passenger and for flight training, rental, and towing.
     Establish training and certification requirements for 
repairman (light-sport aircraft) to maintain and inspect light-sport 
aircraft.
    The rule is designed to allow individuals to experience sport and 
recreational aviation in a manner that is safe for the intended 
operations, but not overly burdensome. By bringing these individuals 
under a new regulatory framework, the FAA believes this rule lays the 
groundwork for enhancing safety in the light-sport aircraft category.
    This rule does not change existing aircraft certification or 
maintenance regulations for aircraft already issued an airworthiness 
certificate, such as a standard, primary, or special certificate (e.g., 
experimental amateur-built and experimental exhibition aircraft). 
However, as discussed in the section-by-section preamble discussion for 
Sec.  1.1, Definition of Light-Sport Aircraft, a sport pilot can 
operate an aircraft meeting the light-sport aircraft definition in 
Sec.  1.1, regardless of the airworthiness certificate issued. In 
addition, this rule does not change existing part 103 requirements.
    A more detailed discussion and justification for the rule can be 
found in the preamble to the NPRM published in the Federal Register on 
February 5, 2002. On page 5370 of that Federal Register publication, is 
a section entitled ``Effects of the Proposal on the Public and 
Industry'' that gives answers to frequently asked questions (FAQs). 
These questions and answers have been updated on the FAA's Web site 
(http://faa.gov/avr/afs/sportpilot and click on FAQs) to reflect the 
changes being adopted in this final rule.

III. General Discussion of Changes in the Final Rule

III.1. FAA Judgment and Discretion

    As the following summary reflects, commenters provided a variety of 
suggestions for the rule. As discussed more completely in the section-
by-section discussions that follow, the FAA carefully considered the 
comments. Besides the specific issues in the comments, the FAA weighed 
two factors in adopting, modifying, or rejecting the comments.
    First, the FAA is making decisions in a new area for regulation. 
Although some experience exists in similar aircraft, the rule 
anticipates growth and change in the industry. There are areas where 
only time and experience will determine whether these regulatory 
provisions meet the FAA's expectations or require modification. There 
is room for debate and disagreement, and the FAA is prepared to make 
changes when appropriate. But in the FAA's judgment, these standards 
strike a balance in favor of safety while allowing freedom to operate.
    Second, there are situations where a line must be drawn. For 
example, the case can be made that the maximum weight or speed could be 
somewhat higher or lower than what is being adopted. In these 
situations, the FAA is not establishing this rule with the intent of 
including or excluding specific aircraft. Instead, the FAA is trying to 
objectively determine where the line should be drawn while considering 
the appropriate level of safety and the complexity of the operation.

III.2. Summary of Significant Issues Raised by Commenters

    While most commenters expressed a desire to see some aspect of the 
proposed rule revised, they either agreed with the proposed regulation 
overall or agreed with the intent of the proposal. Most commenters 
believed the proposal would succeed if revised to address the issues 
they identified.
    Significant issues raised by commenters are listed below, with 
reference to the corresponding proposal. These issues account for 
approximately 80 percent of the comments. They, and other comments on 
the NPRM, are discussed in detail under ``V. Section-by-Section 
Discussion of Comments and Changes Incorporated Into the Final Rule.''

 Towing: 1,298 comments
    a. Prohibition of towing of hangliders and paragliders by 
ultralight pilots; part 103--691 comments
    b. Prohibition of towing of hangliders and paragliders by light-
sport aircraft; SFAR No. 89 section 73(b)(12)--607 comments
 Section 1.1 definition of ``light-sport aircraft''--122 
comments
 Maximum weight limits for light-sport aircraft; Sec.  1.1 
definition of ``light-sport aircraft'' paragraph (1)--489 comments
 Maximum speed in level flight under maximum continuous power 
for light-sport aircraft; Sec.  1.1 definition of ``light-sport 
aircraft'' paragraph (2)--141 comments
 Maximum stall speed limits for light-sport aircraft; Sec.  1.1 
definition of ``light-sport aircraft'' paragraph (4)--62 comments
 Fixed or ground-adjustable propellers and repositionable 
landing gear on light-sport aircraft; Sec.  1.1 definition of ``light-
sport aircraft'' paragraphs (8) and (11)--116 comments
 Sport pilot certification (general comments on SFAR No. 89)--
653 comments
 Maximum speed limit on student pilot operation of light-sport 
aircraft; SFAR No. 89 section 35(e)--57 comments
 Altitude limits on operation of light-sport aircraft; SFAR No. 
89 section 73(b)(6)--55 comments
 Logbook endorsement requirement for each make and model of 
light-sport aircraft; SFAR No. 89 section 61--129 comments
 Repairman certification; Sec.  65.107--159 comments
 Existing exemptions for two-seat ultralight vehicles; part 
103--288 comments
 Operation of ultralights that would be issued an experimental 
certificate; Sec.  21.191(i)--116 comments
 Use of a U.S. driver's license to establish medical 
eligibility; SFAR 89, sections 15 and 111--230 comments

III.3. Security Concerns Related to Pilot Identification and 
Certification

    One State's Department of Transportation's aeronautical division 
expressed concern that allowing persons with a driver's license as a 
sole form of identification to have access to airports and the airspace 
system would reduce pilot identification standards and would lead to 
reduced security. The commenter said that since the terrorist attacks 
of September 11, 2001, airport security identification, as well as 
pilot identification, are under greater scrutiny, and that higher 
standards must be established to prevent unauthorized

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access to airports and aircraft. The commenter went on to say that 
additional scrutiny provided by the process of obtaining a pilot 
certificate, an airman medical certificate, and passing an FAA 
practical test is a welcome safety enhancement at this time and must 
not be eliminated.
    The FAA agrees that the additional scrutiny provided by the process 
of obtaining a pilot certificate, an airman medical certificate, and 
passing an FAA practical test enhances safety. The FAA is not 
eliminating any of these certificates or testing requirements for 
holders of currently issued pilot certificates. All persons operating 
an aircraft are required to possess a pilot certificate and pass a 
practical test. All persons issued at least a recreational pilot 
certificate (except those operating gliders and balloons) are also 
required to possess an airman medical certificate. This rulemaking 
action will bring persons who were formerly operating as ultralight 
pilots into an existing certification system that will provide further 
scrutiny of these individuals. These ultralight pilots have not been 
required to have pilot certificates, possess airman medical 
certificates or driver's licenses, or been required to take practical 
tests. Therefore, they have not been subject to any level of government 
scrutiny. Only sport pilots, or those seeking to exercise sport pilot 
privileges will be afforded the opportunity to exercise certificate 
privileges with either an airman medical certificate or a U.S. driver's 
license. These persons will be required to possess a pilot certificate 
and pass a practical test.
    Sport pilots, like all pilots, will have to hold and possess their 
sport or student pilot certificates at all times when operating light-
sport aircraft. Recent FAA rulemaking requires all pilots to carry 
photo identification when exercising the privileges of a pilot 
certificate and to present it, if requested by the FAA, an authorized 
representative of the National Transportation Safety Board (NTSB), the 
Transportation Security Administration (TSA), or a law enforcement 
officer (67 FR 65858; Oct. 28, 2002). That rule will apply to all sport 
pilots.
    Additionally, the FAA is creating FAA Form 8710-11 ``Sport Pilot 
Certificate and/or Rating Application.'' Information from the 
applicant's U.S. driver's license or airman medical certificate will be 
recorded on the form.
    As a result of this new regulatory action, an estimated 15,000 
persons operating ultralight-like aircraft now will be required to hold 
pilot certificates. In addition, persons performing work on light-sport 
aircraft will be required to hold repairman (light-sport aircraft) 
certificates. According to new security procedures, their names will be 
entered into the FAA airman registry. In addition, all existing 
unregistered ultralight-like aircraft and two-place utralight training 
vehicles will now, as certificated aircraft, be required to display an 
``N'' registration number. These numbers will also be entered into the 
FAA aircraft registry. This will enable the TSA to conduct any 
necessary security screening for certificated airmen and registered 
aircraft operating in the National Airspace System (NAS).
    These new sport pilots will now be required to make themselves 
aware of safety- and security-related information contained in notices 
to airmen (NOTAMs). Currently, operators of ultralight vehicles are not 
required to review these NOTAMs; although those who receive voluntary 
training and participate in industry-provided ultralight programs are 
encouraged to access this information that is made available through 
their organizations.

III.4. SFAR No. 89

    The FAA proposed most of the sport pilot certification requirements 
as a Special Federal Aviation Regulation (SFAR). After further 
consideration, the FAA decided not to use the SFAR, but to codify most 
of the requirements as new subparts J and K of part 61, and the 
remainder in the existing structure of part 61. The SFAR format is 
appropriate to regulate operations in a very narrow set of 
circumstances, to address a temporary situation, or both. However, 
light-sport aircraft and their operation will be a significant segment 
of aviation and will require long-term regulatory oversight.
    For the convenience of the user, a table showing how the sections 
of SFAR No. 89 were incorporated into part 61 is provided under ``V. 
Section-by-Section Discussion of Comments and Changes Incorporated Into 
the Final Rule.''

III.5.A. Comments on Ultralight Vehicles

    The comments regarding ultralight vehicles were so significant, 
that, except for towing issues, a response is presented here, rather 
than in the section-by-section analysis below. A total of 1,586 
comments were related to the operation of ultralights under the 
proposed rule. Of those, 1,298 comments addressed ultralight towing, 
specifically--
     The prohibition on towing hangliders and paragliders by 
ultralight pilots; part 103--691 comments; and
     The prohibition on towing hangliders and paragliders by 
light-sport aircraft; SFAR No. 89 section 73(b)(12)--607 comments.

Towing issues are discussed in the section-by-section analysis for 
Sec.  61.69.
    Four hundred and four comments addressed--(1) eliminating existing 
exemptions from part 103 (288 comments) and (2) reclassifying aircraft 
operating under exemptions to part 103 as light-sport aircraft under 
Sec.  21.191(i) (116 comments). The commenters were nearly uniform in 
their opposition to eliminating existing exemptions from part 103 and 
codifying the exemptions into parts 21 and 61. The majority of 
commenters opposed including ultralights in the proposed regulation. 
Almost all commenters suggested keeping ultralight regulation as it is, 
but incorporating existing exemptions from part 103 into that part.
    Part 103 defines an ultralight vehicle and prescribes the operating 
rules for these vehicles. An ultralight vehicle is either an unpowered 
or powered vehicle with certain weight, speed, and other limits, as 
prescribed in Sec.  103.1. An ultralight vehicle can carry only one 
occupant and be used for sport and recreational purposes. The 
ultralight industry has established voluntary training programs and 
recommended maintenance practices. In an effort to encourage the use of 
these voluntary training programs, the FAA has granted exemptions to 
part 103 that allow--
     Training and proficiency flights to be conducted in a two-
place ultralight vehicle operated by an ultralight flight instructor or 
ultralight student.
     Tandem training operations for hang gliders and powered 
paragliders conducted by an ultralight flight instructor or ultralight 
student.
     Towing operations in a single-seat and two-seat 
ultralight-like aircraft to facilitate operations and training in an 
ultralight vehicle that is a hang glider, glider, or paraglider.
    The FAA has granted these exemptions to part 103 to gather data and 
to temporarily meet the training needs for persons operating ultralight 
vehicles and to resolve operational issues such as towing.
    Commenters contended that eliminating existing training exemptions 
from part 103 would--
     Force unregistered two-place training ultralights to be 
classified as experimental light-sport aircraft, which would prevent 
their use for compensation or hire and increase the operating costs of 
these aircraft; and
     Place unregistered single-place and two-place ultralight-
like aircraft and

[[Page 44776]]

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

[[Page 44777]]

In the preamble to the rule establishing part 103 (47 FR 38776; Sept. 
2, 1982), the FAA explained its rationale for permitting no more than a 
single occupant in an ultralight vehicle. The FAA noted that the 
general public might incorrectly assume that an ultralight operator 
possesses certain minimum qualifications and has met specific 
requirements resulting in the issuance of a pilot certificate. The 
public would be unaware of the risks that an ultralight pilot assumes 
with the operation of an uncertificated ultralight vehicle. The FAA 
still believes that it would be inappropriate to permit the operation 
of larger and more capable ultralight-like aircraft without the 
benefits afforded by the certification of these aircraft and their 
pilots. In addition, extending current training exemptions on a long-
term basis would be an inappropriate use of the exemption process. It 
would not allow the FAA to address the many other regulatory changes 
contemplated in this rulemaking.
    This rule is intended to provide a comprehensive regulatory 
approach that extends beyond the ultralight community. A significant 
purpose of the rule is to certificate those two-seat ultralight-like 
aircraft previously operated under part 103 training exemptions and 
those two-seat and single-seat unregistered ultralight-like aircraft 
operating outside of the regulations.
    Several commenters noted that the speed differential between 
ultralights and standard category aircraft makes their operation in the 
same airspace dangerous. However, USUA recommended a continuation of 
the current practice allowed under part 103, which permits flights in 
controlled airspace (Class A, B, C, D, and surface-based Class E) with 
prior ATC permission. These flights may occur at any altitude, with no 
equipment requirements for communication, navigation, or 
identification, and with no required pilot training.
    The FAA has considered the comments on the issue of speed 
differentials and operations in controlled airspace. As adopted, a 
sport pilot operating a light-sport aircraft will be prohibited from 
operating in Class A airspace and from operating above 10,000 feet mean 
sea level (MSL). A sport pilot is authorized to operate in Class G and 
E airspace. With training on airspace requirements and communications 
equivalent to the training requirements for a private pilot, and a one-
time endorsement from an authorized instructor, a sport pilot can 
operate in Class B, C, and D airspace and to, from, through, or at an 
airport having an operational control tower. A sport pilot can only do 
so, however, if the light-sport aircraft he or she is operating is 
properly equipped and authorized for that operation. The FAA is also 
providing that, like a student pilot, a sport pilot will not be 
authorized to take off or land at any of the airports listed in part 
91, appendix D, section 4. For a complete discussion, see ``V.5.A.v. 
Changes to Airspace Restrictions'' and the discussion of Sec.  91.131 
below.
    The FAA notes that many of USUA's suggestions were incorporated in 
the FAA's proposal. The FAA agreed with the recommendation that it not 
permit flight at night. However, the rule will permit special light-
sport aircraft to fly over cities. The use of light-sport aircraft 
engines that meet consensus standards for powerplant performance and 
reliability will make any prohibition of flight over cities 
unnecessary. Experimental light-sport aircraft (the existing fleet of 
ultralight-like aircraft) will continue to be restricted to flight over 
uncongested areas. The rule provides more privileges than the two-tier 
system suggested by USUA. The rule allows the carriage of a passenger 
for purposes other than flight training, which has never been allowed 
under part 103 or the part 103 training exemptions. The rule 
establishes new categories of airman ratings and two new classes of 
aircraft--(1) weight-shift-control, and (2) powered parachute. The rule 
allows a special light-sport aircraft owner to accept compensation for 
the use of the aircraft for flight training or towing a glider or 
unpowered ultralight vehicle. It also allows a light-sport aircraft 
owner to accept compensation for rental of the aircraft. Neither of 
these privileges had been allowed under the part 103 exemptions. The 
rule establishes the requirements for repairmen (light-sport aircraft) 
to maintain and inspect the newly certificated experimental and special 
light-sport aircraft. Finally, the final rule addresses the concern 
that it will limit or prevent the use of currently unregistered 
ultralight-like aircraft. The FAA revised the final rule to assist 
those who have been operating two-seat ultralight-like aircraft under 
the part 103 training exemptions. The rule provides a 5-year period 
during which persons may continue to operate their two-place 
ultralight-like aircraft and receive compensation for flight training, 
provided those aircraft are certificated as experimental light-sport 
aircraft. The FAA expects that in the long term, instructors operating 
light-sport aircraft previously classified as two-seat ultralight-like 
aircraft will provide instruction at a lower cost and with greater 
safety.
    In some cases, the rule is more restrictive than USUA's 
recommendation, but the FAA is using a building-block approach in 
extending privileges to sport pilots. The rule permits a sport pilot to 
obtain additional training to permit the exercise of additional 
privileges at a later time. In the proposed rule, the FAA stated that 
there would be many safety benefits to certificating sport pilots, 
light-sport aircraft, and the repairman who would maintain these 
aircraft that would not be realized under the USUA proposal. For a 
complete discussion of these safety benefits and alternatives refer to 
the discussion in the preamble of the NPRM, ``IV. Background--B. The 
FAA's Reason for This Proposal.''

III.5.B. Future Rulemaking on Ultralight Vehicles

    The NPRM did not address, nor does the final rule address, the use 
of hangliders, paragliders and powered paragliders in tandem operations 
and training. There is a need to address these issues, but the FAA did 
not examine questions in this area for this rule. Rather than delay 
this rule to include these issues, the FAA intends to initiate a 
separate rulemaking action. Until that can be completed, the FAA 
intends to maintain the status quo for these operations by continuing 
or reissuing training exemptions as necessary.

IV. Comparative Tables

    The following tables provide a quick comparison of regulations 
governing light-sport aircraft and other aircraft.

Abbreviations Used In Tables

A&P--Airframe and powerplant
CFI--Certificated flight instructor
CTD--Computer Testing Designee
DPE--Designated Pilot Examiner
ELSA--Experimental light-sport aircraft
EW--Empty weight
IFR--Instrument flight rules
LS-I--Light-sport--Inspection
LS-M--Light-sport--Maintenance
M/M--Make and model
MTOW--Maximum takeoff weight
PIC--Pilot in command
PMA--Parts Manufacturer Approval
SLSA--Special light-sport aircraft
SP--Sport pilot
STC--Supplemental Type Certificate
TC--Type Certificate
TSO--Technical Standard Order
VFR--Visual flight rules
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    (1) For two-place ultralight training vehicles operating under 
an exemption and registered with an FAA-recognized ultralight 
organization--100-hour condition inspection done by ultralight 
instructor registered with an FAA-recognized ultralight 
organization.
    (2) Applies to training aircraft used for compensation until 
January 31, 2010, and tow aircraft used for compensation.

[[Page 44780]]

    (3) Applies to aircraft used for flight training or towing for 
compensation.
    (4) Applies to aircraft used for flight instruction for hire--
Sec.  91.409.
    (5) ELSA--Kit-built (Sec.  21.191(i)(2)(ii)) or aircraft that 
have been previously issued a special airworthiness certificate in 
the light-sport category (Sec.  21.191(i)(3)) meet consensus 
standards.
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V. Section-by-Section Discussion of Comments and Changes Incorporated 
Into Final Rule

    The following is a summary of comments for each section of rule 
text, with a description of any changes the FAA is making to the final 
rule. Because of the large number of comments received on the proposed 
rule, it is not possible to discuss each commenter's remarks 
individually. Some of the changes are being made as the result of 
public comments, and others are being made after further review within 
the FAA. As discussed previously in this preamble, the requirements 
proposed as SFAR No. 89 are being moved into part 61, and a conversion 
table is included for the reader's convenience in the discussion of 
comments to part 61. All comments to proposed SFAR No. 89 therefore are 
located under the discussion of changes to part 61.

[[Page 44787]]

V.1. Part 1--Definitions And Abbreviations

Section 1.1 General Definitions

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

[[Page 44788]]

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

[[Page 44789]]

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

[[Page 44790]]

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

[[Page 44791]]

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

[[Page 44792]]

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

[[Page 44793]]

Sec.  21.175 discussion on airworthiness certificates. As stated above 
in the section titled ``Modifications of Aircraft To Meet the Light-
Sport Aircraft Definition,'' a sport pilot may not fly an aircraft with 
a standard airworthiness certificate that has been modified to meet the 
light-sport aircraft definition.
Comments Concerning the Limits Established by the Light-Sport Aircraft 
Definition
    Many commenters suggested alternatives to the maximum speed as 
limiting factors for the light-sport aircraft definition. The 
alternatives proposed included wing loading (airplane weight divided by 
airplane wing area); horsepower (ranging from 80 to 180 horsepower); 
fuel capacity; aircraft payload; kinetic energy of the airplane at 
cruise speed; weight of the drive train package. One commenter proposed 
to base the light-sport aircraft definition on the weights and 
aerodynamic performance of the J-3 Cub airplane. The FAA disagrees that 
the light-sport aircraft definition should be changed to replace the 
maximum speed limit with a different limiting design condition. The FAA 
does not believe that any of the alternatives suggested will be a 
better, more readily determined method of assuring that light-sport 
aircraft are simple, low performance aircraft. The FAA has not 
eliminated a maximum speed in the light-sport aircraft definition. 
However, the light-sport aircraft definition has been revised to 
increase the maximum speed limit. The FAA has not adopted an 
alternative approach to setting an upper limit to the power or 
performance of a light-sport aircraft. However the FAA decided that the 
light-sport aircraft definition should set an upper limit for aircraft 
power to assure that the aircraft is suitable for the sport pilot. The 
FAA believes that the maximum airspeed limit, combined with a maximum 
takeoff weight, acceptably serves this purpose, for the reasons 
originally stated in the proposed rule. The FAA discusses each of the 
attributes of the light-sport aircraft definition elsewhere in this 
section.
    Some commenters believed that the limits in the FAA's definition of 
light-sport aircraft would limit innovation, or lead to the development 
of unsafe aircraft. The FAA disagrees with this opinion, and believes 
that the consensus standards process and the FAA's participation in 
that process will lead to an acceptable balance between innovation and 
safety.
    A few commenters requested that the FAA use the definition of 
microlight aircraft established by the International Aeronautical 
Federation (FAI). The FAA did consider this definition in developing 
its proposal. The microlight aircraft definition primarily addresses 
weight, seating capacity, and stall speed. The FAA notes that the 
light-sport aircraft definition addresses significantly more parameters 
than the definition of microlight aircraft. The FAA developed this 
definition to provide for the development of an aircraft that matches 
the capabilities of the sport pilot.
    A few commenters believed that the FAA's definition of light-sport 
aircraft was too broad. Alternatives suggested included three different 
weight limits for light-sport aircraft, and the two-tiered system 
proposed by USUA and discussed in detail under ``III.5.A. Comments on 
Ultralight Vehicles.'' The FAA disagrees that the light-sport aircraft 
definition should be changed to address different weight limits for 
different kinds of light-sport aircraft. The FAA believes that the use 
of a broad definition for light-sport aircraft, along with the 
development of consensus standards appropriate for each class of 
aircraft, will result in safe and economical aircraft for the wide 
range of products in recreational aviation.
    One commenter suggested eliminating the word ``light'' from the 
definition, to prevent the implication that there might be medium- and 
heavy-sport aircraft to follow. Another commenter suggested ``Class III 
aircraft'' as an alternative, stating that the public might form an 
impression that light-sport aircraft ``* * * are frivolous toys.'' The 
FAA disagrees with these opinions and believes that the words used to 
describe ``light-sport aircraft'' are adequate to distinguish this 
category of aircraft.
    Several commenters stated that the cost of new aircraft would be 
prohibitive with the goals of the proposed rule. The FAA disagrees. The 
aircraft certification process that uses industry consensus standards 
and a manufacturer's statement of compliance is a lower-cost approach 
than type and production certification. Refer to the full regulatory 
evaluation that is in the rulemaking docket for a detailed discussion 
on the estimated cost to the end user.
    A commenter suggested that light-sport aircraft should have a 
maximum noise limit established and verified by a simple protocol to be 
defined in the consensus standard for aircraft performance. The 
commenter believed that including a noise limit would prevent adverse 
public impressions of light-sport aircraft. Current amateur-built 
aircraft do not require compliance with a maximum noise limit. 
Presently, part 36 noise standards are applicable only to aircraft with 
a type certificate or a standard airworthiness certificate. See ``XIV. 
Environmental Analysis'' below.

Paragraph (1) Maximum Certificated Takeoff Weight

    Some commenters stated that lacking a definition of maximum takeoff 
weight, aircraft with fairly high performance characteristics could 
meet the definition of light-sport aircraft by limiting the approved 
weight and payload of the airplane. The FAA considers this a valid 
concern and has provided some additional constraints on the weight as 
detailed below. The maximum weight of a light-sport aircraft is the sum 
of:
    (1) Aircraft empty weight;
    (2) Weight of the passenger for each seat installed;
    (3) Baggage allowance for each passenger; and
    (4) Full fuel, including a minimum of the half-hour fuel reserve 
required for day visual flight rules in Sec.  91.151(a)(1).
    Some commenters wanted the weight increased to permit stronger 
aircraft structures, use of four-stroke or type-certificated engines, 
electrical systems for avionics, starters for engines, or ballistic 
recovery systems. The FAA is increasing the weight limitation of the 
light-sport aircraft from the proposed 1,232 pounds (560 kilograms) to 
1,320 pounds (600 kilograms). The originally proposed weight limitation 
was based on the 1,200-pound weight limitation proposed by the ARAC's 
light-sport aircraft working group. The FAA agrees that there may be a 
safety benefit to light-sport aircraft designs to include provisions 
for currently produced type-certificated four-stroke engines and 
ballistic parachute recovery systems. Commenters submitted data that 
indicated that an additional 60 to 70 pounds would accommodate four-
stroke aviation powerplants, and that an additional 30 to 40 pounds 
would accommodate the ballistic parachute recovery systems. For these 
reasons, the FAA has revised its proposed maximum takeoff weight 
limitation to 1,320 pounds (600 kilograms) for aircraft designed for 
operation on land.
    In addition, many commenters requested that the proposed weight 
limitation be increased to accommodate flying boats, amphibious or 
float plane aircraft designs. The FAA originally envisioned these kinds 
of aircraft in its proposed light-sport aircraft definition. 
Recommendations from these commenters indicated weights ranging from 
100 pounds to 250 pounds to allow for amphibious or float plane 
capability. The rule provides for a maximum take-off weight of 1,430 
pounds for light-

[[Page 44794]]

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

[[Page 44795]]

difficult to operate by low-time pilots. The FAA does not agree that 
the weight limit will preclude tricycle gear light-sport aircraft. The 
FAA is aware of tricycle-gear aircraft that meet the light-sport 
aircraft weight limit.
    A commenter proposed that the FAA's weight limit should only apply 
to powered parachutes and weight-shift-control aircraft, and that 
higher weights should be permitted for airplanes in the light-sport 
aircraft category. The FAA disagrees that different weight limits 
should be established for powered parachutes, weight-shift-control 
aircraft, and airplanes. However, the FAA agrees that the weight limit 
for light-sport aircraft should be raised and has done so in the final 
rule. The FAA believes that the maximum weight limits established in 
the light-sport aircraft definition will permit the design and 
manufacture of two-seat airplanes suitable for operation by sport 
pilots. Manufacturers of powered parachutes and weight-shift control 
aircraft may manufacture aircraft that weigh less than the maximum 
weight limit permitted by the light-sport aircraft definition.
    Some commenters stated that low stall speed is more important than 
aircraft weight. The FAA agrees that low stall speed is important; 
however, the FAA does not believe that the light-sport aircraft 
definition should identify any one attribute of the definition as more 
important than another.
    Commenters recommended that sport pilots be permitted to fly 
aircraft heavier than the FAA's proposed weight limits with a logbook 
endorsement. Another commenter proposed that sport pilots with higher 
experience levels be permitted to fly aircraft heavier than the FAA's 
proposed weight limits. A different commenter said that for 5 years 
following the adoption of the FAA's proposal, sport pilots should be 
permitted to fly existing general aviation training aircraft that are 
within 120 percent of the limits established in the light-sport 
aircraft definition. The FAA disagrees that sport pilots should be 
permitted to fly aircraft heavier than the weight limits for light-
sport aircraft. The FAA believes that a pilot operating aircraft above 
these weights should have at least a private or recreational pilot's 
certificate. For further discussion on sport pilot training limits 
reference the discussion titled ``Flight Training and Proficiency 
Requirements'' in the section on Part 61 general issues.

Paragraph (2) Maximum Airspeed in Level Flight With Maximum Continuous 
Power (VH)

    As discussed in more detail later in this section, the FAA always 
intended that the light-sport aircraft definition would establish an 
appropriate limiting maximum airspeed. During the preliminary 
discussions to set the design attributes proposed in the NPRM, the FAA 
considered a range of limiting airspeeds. When setting an appropriate 
limiting maximum airspeed, the FAA took into account that: (1) Training 
requirements for the sport pilot certificate are based on the 
simplicity of the aircraft's operating characteristics; and (2) 
aircraft certification requirements are based on a performance envelope 
appropriate for a light-sport aircraft.
    In constructing the light-sport aircraft definition, the FAA also 
took into consideration three groups of aircraft that will be addressed 
by this rule: (1) Two-place ultralight-like aircraft that have been 
operating under an exemption to part 103; (2) new light-sport aircraft 
to be designed, manufactured and operated under this rule; and (3) 
existing aircraft whose low performance capabilities would meet the 
light-sport aircraft definition. In the proposed rule, the FAA believed 
that the 115 knots CAS VH limit met the two considerations 
in the preceding paragraph and covered the range of aircraft described 
in this paragraph.
    Additionally, the FAA specifically requested additional input 
through the light-sport aircraft online forum on methods to establish 
upper limits for the light-sport aircraft definition. To read the 
online forum comments, go to the electronic docket address given above 
in the section titled ``Availability of Rulemaking Documents'' and view 
item number 2676 in Docket No. FAA-2001-11133.
    The FAA still believes that establishing a maximum airspeed in 
level flight at maximum continuous power (VH) is the best 
way to limit ``high-end'' capability of the powered light-sport 
aircraft. With the change to the light-sport aircraft definition 
permitting increased weight, which may provide for the use of higher-
powered engines, the FAA is also increasing VH to 120 knots. 
The FAA believes that this small increase is appropriate for the 
revised light-sport aircraft definition and remains consistent with the 
purpose that was the basis for the originally proposed 115-knot CAS 
(VH) limit. The FAA believes that the training required for 
sport pilots operating light-sport aircraft over 87 knots 
(VH) addresses any training concerns and that the change in 
the VH airspeed limit from 115 to 120 knots does not require 
any additional training beyond what is established in the rule.
    Some commenters believed that the proposed airspeed limitation, 
VH, should be eliminated and some commenters state that 
unlimited maximum speeds would not jeopardize safety. A commenter said 
that the FAA should impose other design limits or flight 
characteristics instead of a maximum speed limit for light-sport 
airplanes. One commenter specifically asked why the FAA cares how fast 
the airplane can fly. The FAA disagrees that a maximum speed limit is 
unnecessary for light-sport aircraft. As stated in the NPRM, the FAA 
believes that a maximum speed limit is appropriate for aircraft 
designed for operation by persons with the minimum training and 
experience of a sport pilot. Some commenters state that the maximum 
speed limitation is essentially unenforceable. For the purpose of 
issuing the special light-sport aircraft airworthiness certificate, the 
FAA believes that the consensus standards will identify an easily 
repeatable demonstration for the manufacturer to prove that the 
aircraft meets the light-sport aircraft definition. The manufacturer 
will perform this test in support of its statement of compliance.
    One commenter stated that aircraft speeds vary with altitude, and 
the light-sport aircraft definition did not state any FAA expectation 
concerning this. The FAA agrees with the comment, and is specifying in 
the light-sport aircraft definition that performance limitations are 
expected to be met for standard atmospheric conditions at sea level.
    Commenters stated that the FAA's proposed limit of 115 knots 
maximum airspeed in level flight with maximum continuous power is 
unnecessary or redundant because the aircraft weight and stall speed 
establish power and wing loading, which effectively set drag that 
limits maximum speed. One commenter proposed that a weight limit of 750 
pounds for a single-seat light-sport airplane would limit power and 
airspeed without requiring a design constraint. Alternatively, some 
commenters proposed that the sport pilot accept an operating limitation 
to not operate at speeds in excess of the FAA's desired limit. A 
commenter proposed that a sport pilot operating limitation of 100 knots 
CAS in the airport traffic pattern should be an alternative to the 
proposed light-sport aircraft maximum airspeed limit. The FAA believes 
that because of the wide variety of aircraft to be included in the

[[Page 44796]]

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

[[Page 44797]]

meet the parameters of the light-sport aircraft definition.
    A commenter proposed that the light-sport aircraft definition 
should assure structural integrity by requiring that the maximum speed 
in level flight with maximum continuous power, VH, be less 
than or equal to the design maneuvering speed (VA) at 
altitudes of 8,000 feet or less. Because the FAA is not establishing 
structural limits in the definition of light-sport aircraft, it would 
be inappropriate to include this constraint in the definition. The FAA 
believes that this would be an excessive restriction for light-sport 
aircraft.

Paragraph (3) Maximum Never-Exceed Speed (VNE) for a Glider

    A commenter stated that the FAA's proposed maximum speed of 115 
knots for a glider does not provide adequate protection against 
headwinds or wind shear. A commenter asked that the never-exceed speed 
(VNE) be increased slightly to allow for increased safety, 
utility, and comfort. Several comments recommended increased 
VNE for gliders. Additional comments expressed satisfaction 
with the consistency with the VH for powered aircraft. The 
FAA is aware that the two maximum speed limits established in the 
light-sport aircraft definition have two different bases. As stated in 
the previous section, the FAA's concern is that the light-sport 
aircraft definition set a maximum speed limit for the aircraft to be 
flown by sport pilots. In response to the comments reported in this 
section, in the final rule, VNE for gliders is increased to 
120 knots CAS. This is done to maintain consistency between the 
VH value for powered aircraft and the VNE value 
for gliders.

Proposed Paragraph (4) Maximum Stalling Speed or Minimum Steady Flight 
Speed in Landing Configuration (VS0)

    Some commenters recommended that the FAA eliminate the 39-knot 
stall speed in the landing configuration. Many comments recommended 
raising the limit of 39 knots CAS in the landing configuration. Some 
commenters questioned the narrow proposed spread between the originally 
proposed VS0 (proposed in paragraph (4)) of 39 knots CAS and 
the VS1 (proposed in paragraph (5)) of 44 knots CAS.
    The FAA agrees that the proposed spread of stall speeds in practice 
is narrow, and provides a mixed message as to the limiting design 
condition. A low stall speed is desirable, but not at the expense of 
forcing a simple aircraft that otherwise meets the definition to become 
more complex to operate and maintain by adding flaps to a design for no 
other purpose than to meet the VS0 requirement. Light-sport 
aircraft may have flaps because the safety benefit of this feature can 
be achieved without the complexity inherent in retractable landing gear 
or controllable-pitch propellers. The FAA is eliminating the maximum 
stalling speed in the landing configuration (VS0) 
restriction that was proposed in paragraph (4) of the NPRM because the 
low-speed limit is adequately addressed by the maximum ``clean'' stall 
speed (VS1).

Final Rule Paragraph (4) Maximum Stalling Speed or Minimum Steady 
Flight Speed Without the Use of Lift-Enhancing Devices (VS1) (Proposed 
as Paragraph (5))

    The FAA received numerous comments concerning the two proposed 
maximum stall speeds. Some commenters agreed with the stall speeds 
originally proposed by the FAA. Many commenters proposed higher 
alternative values for the light-sport aircraft stall speed limit, 
ranging from 45 miles per hour (mph) (39 knots) to 63 mph (55 knots). 
Typically, commenters referred to a particular homebuilt, classic, or 
existing training airplane as being appropriate for consideration under 
the light-sport aircraft definition and for operation by a sport pilot. 
The FAA did not establish a maximum stall speed for light-sport 
aircraft based on the parameters of particular aircraft.
    Additionally, one commenter asked why the stall speeds were so low. 
The FAA's proposed stall speeds were based on early discussions with 
light-sport aircraft industry representatives. A basic design principle 
for light-sport aircraft is that the stall speed for these aircraft is 
about one third of the aircraft maximum speed. The FAA notes that when 
it increased the maximum aircraft speed in the final rule it also 
increased the maximum stall speed accordingly.
    A commenter stated that the FAA should increase the stall speed to 
a range of 50 mph to 60 mph, ``* * * which would be above what is 
generally encountered as normally high runway turbulence and would lead 
to safer landings.'' The FAA believes that the stall speed established 
in the light-sport aircraft definition should be adequate to address 
airport surface conditions normally encountered by light-sport 
aircraft. Permitting significantly increased stall speeds may have the 
effect of changing the takeoff and landing characteristics of light-
sport aircraft to a degree that is inappropriate for their operation by 
sport pilots.
    A commenter stated that a 50-knot stall speed would be needed for 
light-sport aircraft to operate in Class B, C, or D airspace. The FAA 
does not agree that operating in these airspace classes requires such a 
high stall speed and notes that ultralight vehicles may operate in 
Class B, C, or D airspace with ATC permission. Additionally, other 
aircraft with stall speeds below 50 knots routinely operate in these 
classes of airspace.
    A commenter proposed that the FAA require shoulder harnesses in 
light-sport aircraft and then increase the proposed stall speed limits 
by 10 percent. The FAA disagrees that installing shoulder harnesses 
should permit increased stall speeds for light-sport aircraft. This 
rule does not directly prescribe equipment standards as those are 
contained in the consensus standards.
    A commenter proposed that an increased stall speed would permit a 
higher aircraft weight, which would permit installation of more 
navigation and communication equipment on the light-sport aircraft. As 
noted elsewhere in this section, to accommodate the weight increase and 
maximum speed increase from the originally proposed maximum values, the 
FAA is increasing the limit stall speed without the use of lift 
enhancing devices VS1 to 45 knots CAS.
    Several commenters proposed that the light-sport aircraft should 
have a lower stall speed limit. One reasoned that slower flight permits 
a wider choice of emergency landing fields. Several stated that the 
stall speed should be as low as possible for safety's sake. The FAA 
agrees with these principles; however, disagrees with the need to lower 
the proposed stall speed. The FAA believes that the revised stall speed 
is appropriate for aircraft that might weigh as much as the maximum 
weight limit that is established in the light-sport aircraft 
definition. The FAA notes that the maximum stall speed does not 
prohibit a manufacturer from producing lighter aircraft with lower 
stall speeds.
    A commenter believed that 30 to 35 knots would be better than the 
value proposed by the FAA, and recommended that the part 103 stall 
speed of 24 knots would be even better. As described in detail 
elsewhere in this section, the FAA believes that an increased stall 
speed for light-sport aircraft is appropriate for the maximum aircraft 
weight permitted by the light-sport aircraft definition. The FAA notes 
that the light-sport aircraft definition is intended to broadly 
encompass a wide range of aircraft for sport pilots. Some light-sport 
aircraft design parameters significantly exceed the parameters of 
vehicles operating under part 103. Therefore, it would not be 
appropriate

[[Page 44798]]

to use the part 103 stall speed limits for all light-sport aircraft.
    A commenter agreed with the concern for a low stall speed, but 
stated that pilot awareness should better focus on airplane angle of 
attack rather than speed. The FAA agrees that there is a need to limit 
the capability of the light-sport aircraft but notes that angle of 
attack is not an appropriate design parameter for these aircraft. Pilot 
training typically addresses critical aircraft attitudes, including 
angle of attack.
    A commenter stated that FAA should clarify that aircraft speeds are 
more accurately represented by knots True Air Speed (TAS) or knots 
Calibrated Air Speed (CAS), rather than knots Indicated Air Speed 
(IAS). Both the proposal and the final rule refer to speeds in knots 
CAS.
    Commenters asked for details on how the stall speed is determined. 
The definition was changed to specify that maximum stalling speed is 
determined at maximum weight, with most critical center of gravity 
location, at sea level standard day conditions. However, the actual 
test method is to be defined in the consensus standard.

Final Rule Paragraph (5) Maximum Seating Capacity (Proposed As 
Paragraph (6))

    Several commenters stated that the FAA should permit more than two 
seats for the light-sport aircraft. Additionally, a commenter asked if 
four-seat airplanes could meet the light-sport aircraft definition with 
limitation of only using two seats. Light-sport aircraft are simple, 
non-complex, aircraft and adding more seats or passengers would add to 
the weight and complexity of these aircraft resulting in operational 
characteristics that would be inappropriate for the sport pilot. A 
commenter asked if a single-seat aircraft is eligible as a light-sport 
aircraft. The definition permits a single-seat aircraft.
    A commenter asked if side-by-side seating would be permitted for 
flight instruction. Another commenter questioned the permissible 
arrangement of the seats in a two-place aircraft. Side-by-side or 
tandem seating is permitted under this rule. The definition does not 
define the arrangement of the seats.

Final Rule Paragraph (6) Single, Reciprocating Engine (Proposed As 
Paragraph (7))

    Commenters recommended that the light-sport aircraft definition 
allow for multi-engine aircraft, turbine-powered aircraft, or both. The 
FAA disagrees with this suggestion. Multi-engine and turbine-powered 
aircraft introduce a level of operational and mechanical complexity 
that extends far beyond the scope of this rule. Current pilot 
certification rules require an additional rating for multi-engine 
operation and a type rating for turbojet powered aircraft. These 
additional pilot ratings are not available to the holder of a sport 
pilot certificate. Further, most turbopropeller engines make use of 
cockpit-controllable variable pitch propellers and many have a reverse 
thrust operational mode as well. Such devices are mechanically and 
operationally complex, requiring more extensive training to operate in 
flight and having far more complex maintenance requirements. Therefore, 
the definition of light-sport aircraft will continue to exclude 
multiengine or turbine-powered aircraft.
    Several commenters proposed that small turbine engines be permitted 
for light-sport aircraft. Reasons included simplicity of design and 
operation, desire to foster innovation, and safety relative to a 
propeller design. A commenter stated that a small turbine engine 
permits a simpler powerplant package for a powered glider than a 
propeller engine. The FAA does not agree that turbine engines are 
appropriate for the light-sport aircraft category. Turbine engines 
possess inherent design characteristics that must be accommodated by 
stringent design, maintenance, and operating criteria that are 
inconsistent with the light-sport aircraft regulatory philosophy. 
Specifically, turbine engine failure modes, such as disc bursts, can be 
catastrophic to the aircraft. The FAA has established engine and 
airframe certification regulations to address these failure modes such 
as mandatory life limits, extensive engine analyses and testing, and 
airframe layout, structural and performance criteria that require 
extensive FAA oversight that is beyond the scope of this rulemaking.
    Many commenters stated that light-sport aircraft should have the 
safety benefit of multi-engine reliability. A commenter stated that 
small multi-engine ultralight-like airplanes respond differently to a 
single engine failure than relatively larger general aviation aircraft. 
Another commenter stated that the light-sport aircraft performance 
would assure that multi-engine operation would require a negligible 
difference in pilot skills. Another proposed to require only a single 
thrust line and permit multi-engines. Another proposed that the light-
sport aircraft definition contain suggested specific performance values 
and include provisions that would result in a light-sport aircraft 
having docile handling characteristics to accommodate single-engine 
failure in a multi-engine layout. A commenter proposed that multi-
engines be permitted, with a combined horsepower limit. For the reasons 
stated previously, the FAA disagrees that light-sport aircraft should 
be permitted to have multiple engines because of the additional 
operational complexity of these aircraft.
    A commenter stated that for ultralight-like aircraft, the engines 
should be considered non-essential equipment. Another commenter stated 
that because ultralight pilots are trained to stay within safe gliding 
distance from an emergency landing field then engines should be 
considered as non-essential equipment. The FAA will permit the teams 
developing the design consensus standards for the different classes of 
light-sport aircraft to determine whether engine operation is essential 
to the safe operation of these aircraft. Neither the light-sport 
aircraft definition nor the rule directly prescribes standards for 
design of equipment, such as engines. The FAA believes that in many 
instances light-sport aircraft will be operated well beyond safe 
gliding distances from an emergency landing field.
    A commenter asked if type-certificated engines will be required for 
light-sport aircraft. The FAA notes that the rule does not require the 
installation of type-certificated engines.
    The FAA notes that in the final rule the term ``single non-turbine 
engine'' has been modified to single reciprocating non-turbine engine. 
This was done to preclude light-sport aircraft powered by rocket 
engines but still permit rotary and diesel engines.

Final Rule Paragraphs (7) and (8) Propellers (Proposed as Paragraph 
(8))

    The FAA received numerous comments on the proposed definition 
limiting powered light-sport aircraft to a fixed or ground-adjustable 
propeller. Several commenters stated that existing electronically 
controlled in-flight adjustable propellers are widely used in the 
ultralight industry, and are not as complicated as hydromechanically 
controlled constant-speed propellers. A commenter stated that the 
light-sport aircraft definition should not stifle innovation in 
developing automatically controlled adjustable propellers. Most of the 
commenters stated that electrically driven variable-pitch propellers 
have been used on ultralight vehicles, and that they are not inherently 
complex and recommended changing the definition to include variable-
pitch propellers. The FAA does not agree that the light-sport aircraft 
definition should

[[Page 44799]]

be changed to permit controllable pitch propellers. These propellers 
add operational complexity to an aircraft, as well as the potential for 
mechanical failure. In addition, because of the training requirements 
for sport pilots and repairmen (light-sport aircraft), the FAA does not 
believe that light-sport aircraft should have controllable pitch 
propellers. The FAA further notes that a controllable-pitch propeller 
is one of the characteristics of a complex airplane as listed in Sec.  
61.31 (e). As stated in the proposed rule, the FAA intends for light-
sport aircraft to be simple, low performance aircraft.
    Commenters proposed that adjustable-pitch propellers are needed for 
safety and performance benefits for powered aircraft, particularly for 
seaplanes. One commenter stated that the maximum speed limit and 
additional weight for floatplanes should permit adjustable propellers 
for those aircraft. Another commenter noted that reversible propellers 
are typically used by floatplanes as brakes in surface operations on 
the water. The FAA does not believe that these benefits justify 
permitting controllable pitch propellers for these aircraft for the 
reasons stated above.
    Commenters proposed that controllable pitch propellers be permitted 
on light-sport aircraft and that a sport pilot be permitted to operate 
that aircraft if the pilot has the appropriate training and a 
corresponding endorsement. The FAA does not agree that the light-sport 
aircraft definition should be revised to permit this because it would 
require a level of training for sport pilots and repairmen (light-sport 
aircraft) that is not commensurate with the privileges of those 
certificates.
    A commenter proposed that adjustable propellers be permitted on 
light-sport aircraft, but that a private pilot license be required for 
these aircraft. Light-sport aircraft are intended to be flown by 
persons exercising privileges of a sport pilot. In addition, the FAA 
notes that private pilots may fly aircraft with adjustable propellers; 
however those aircraft are not considered light-sport aircraft.
    A commenter asked if the FAA would require operators of existing 
weight-shift-control and powered parachute aircraft to remove their in-
flight electronically adjustable propellers. If the operator wishes the 
aircraft to be considered a light-sport aircraft, the aircraft may not 
be equipped with an in-flight adjustable propeller. Under the 
provisions of Sec.  21.191(i)(1), existing aircraft would have to meet 
the definition of a light-sport aircraft in order to receive an 
experimental certificate for the purpose of operating a light-sport 
aircraft. The operator may be able to qualify for another experimental 
certificate for a different purpose such as amateur-built.
    Some commenters recommended that the light-sport aircraft 
definition include particular aircraft that have constant-speed 
propellers. Some commenters stated that variable-pitch propellers 
provide performance benefits for smaller powerplants, and that this can 
be a safety benefit. The FAA does not agree that these potential 
benefits outweigh concerns discussed previously concerning the 
complexity of operations and maintenance for light-sport aircraft.
    Some commenters stated that seaplanes use reversible-pitch 
propellers to assist in water handling characteristics and that the 
definition of light-sport aircraft be modified to permit reversible-
pitch props on seaplanes. For the reasons stated above, the FAA 
disagrees and will not permit the use of reversible pitch propellers 
for seaplanes.
    Some commenters requested that the light-sport aircraft definition 
permit powered gliders to have in-flight adjustable propellers. 
According to the commenters, powered gliders use a small motor and 
propeller to prolong the cruise or soaring flight. The powerplant may 
also be used for self-launching of the powered glider. A number of 
different systems exist, ranging from a windmilling propeller, to 
various autofeather propeller systems, to systems that fold the 
propeller and stow the motor.
    The FAA notes that reduction of drag is critical to safe operation 
of unpowered and powered gliders. Powered gliders are a unique kind of 
light-sport aircraft in that they use a propeller to carry the aircraft 
to glide altitude, then the engine is turned off as the aircraft begins 
soaring flight. If the propeller were not stowed or faired from the 
cockpit to reduce drag, the aircraft's glide performance would be 
greatly hindered.
    The FAA further notes that propellers used on powered gliders are 
simple and only allow the pilot to feather or retract the propeller 
from the cockpit once the engine has been shut down. In addition, 
potential failure of these systems does not add to pilot workload 
during the more critical flight phases of takeoff or landing. 
Therefore, the FAA believes that the use of an autofeathering propeller 
system is appropriate for powered gliders. The proposed light-sport 
aircraft definition is revised in the final rule to permit 
autofeathering propeller systems on powered gliders.

Paragraph (9) Gyroplane Rotor System

    The definition of light-sport aircraft in proposed Sec.  1.1 
included gyroplanes. As discussed in the NPRM, the FAA did not propose 
to issue special airworthiness certificates for gyroplanes in the 
light-sport category. The FAA received numerous comments on the subject 
of gyroplanes (or autogyros or gyrocopters), including a submittal from 
the gyroplane trade association. Most of the comments concerned the 
availability of dual-instruction, and the effect that terminating 
current training exemptions would have on the availability of training 
for gyroplane pilots. The FAA included gyroplanes in the light-sport 
aircraft definition to permit a sport pilot to fly the small gyroplanes 
that are currently available on the market. The FAA believes that the 
training exemptions have permitted some increased availability of 
gyroplane flight instructors because the exemptions allowed for a two-
seat gyroplane to be operated as an ultralight training vehicle by a 
qualified ultralight instructor. Existing two-seat gyroplanes that had 
been operated as training vehicles under the part 103 exemptions, and 
which have been certificated under Sec.  21.191(i)(1), will be 
permitted to conduct similar flight training operations for five years, 
as provided for in Sec.  91.319 in this rule. The part 61 provisions of 
the rule will permit an existing ultralight gyroplane flight instructor 
to transition to become a flight instructor with a sport pilot rating. 
The FAA anticipates that this 5-year transition period will permit the 
gyroplane flight instructor pool to continue to expand to address the 
concerns of most of the commenters.
    Two-seat gyroplanes that have been issued experimental certificates 
for the purpose of operating amateur-built aircraft under Sec.  
21.191(g) may be operated in accordance with operating limitations 
issued under Sec.  91.319. Generally, they may be used for sport and 
recreation operations, including carrying a passenger, and receiving 
personal flight training. Receiving personal flight training (obtaining 
credit for flight instruction received in the aircraft that one owns) 
was a concern for some commenters.
    Many of the commenters were concerned that the consensus standards 
for light-sport aircraft would add prohibitively expensive costs to 
gyroplanes, and would result in fewer gyroplane flight instructors. The 
FAA notes that there are four gyroplane designs that have been type 
certificated. The FAA notes that many gyroplane designs are smaller and 
lighter weight

[[Page 44800]]

than type certificated gyroplane designs. One commenter stated that 
even with less mass, ultralight gyroplanes are not different from 
existing gyroplanes and could be considered similar to gyroplanes that 
have a standard airworthiness certificate. If it is true that existing 
ultralight gyroplanes are similar to gyroplanes that have a standard 
airworthiness certificate, then the FAA will work with any manufacturer 
who desires to obtain a type certificate for a two-seat gyroplane that 
meets existing airworthiness standards. Part 27 airworthiness standards 
define an internationally recognized level of safety for small rotary 
wing aircraft. A gyroplane design may also receive a primary category 
type certificate, which will be issued if the FAA finds that the 
aircraft complies with the applicable airworthiness requirements 
approved under Sec.  21.17(f) and has no feature or characteristic that 
makes it unsafe for its intended use.
    Many of the commenters who called for the special light-sport 
aircraft airworthiness certificate for gyroplanes referred to the 
simple design and operation of flight controls. The FAA acknowledges 
that this is a reason for permitting sport pilots to fly gyroplanes, 
and for that reason the FAA included gyroplanes in the light-sport 
aircraft definition. However, the FAA does not agree that this 
operational simplicity would apply to design and performance criteria 
for the light-sport aircraft gyroplane design. Complicating design 
factors for gyroplanes include the location of thrust and lift lines 
with respect to the center of gravity; horizontal and vertical 
stabilizer size and location; and effects of turbulence. Larger 
gyroplanes have greater inertia, which makes the aircraft less 
sensitive to the relative effects of these factors. The FAA believes 
that the dynamics of a rotary wing aircraft and the light weight of 
existing two-seat ultralight gyroplanes require a design standard for 
structural integrity and aircraft stability that may add prohibitively 
expensive costs to gyroplanes. One commenter expressed doubt that the 
ultralight gyroplane industry would agree upon a design standard.
    The FAA reviewed gyroplane accident statistics in the NTSB's 
electronic database. The data show 70 fatal accidents in the years 1983 
through 1994 with mechanical failures accounting for 12 of those 
accidents. Data show 20 fatal accidents in the years 1995 through 2001, 
and mechanical failures accounting for two of those accidents. This 
data tends to support those commenters who state that gyroplane safety 
is better served by increased availability of training rather than 
different standards for design and performance of gyroplanes. Refer to 
the discussion under ``VI.5.A.viii. Gyroplanes'' for details on how 
this rule proposes to assure better training for sport pilots seeking a 
gyroplane rating.
    To summarize, the FAA stated in the NPRM that, for sport pilots 
flying light-sport aircraft, the continued use of exemptions would 
generally be inappropriate to allow aircraft larger than the limits in 
part 103 to be used for flight training. At this time, the FAA is not 
participating in developing consensus standards for gyroplanes, because 
the FAA believes that, unlike other kinds of light-sport aircraft, 
there are significant complex design issues for gyroplanes that are 
unresolved by the industry. The simplicity of operation of gyroplanes 
supports making this aircraft available to sport pilots. The need for 
dual instruction in gyroplanes, and the scarcity of gyroplane 
instructors, is reason for the FAA to issue training exemptions for the 
gyroplane community. Including gyroplanes in the light-sport aircraft 
definition will permit the continued construction of two-seat 
gyroplanes that will support increased availability of gyroplane flight 
instructors. If the gyroplane community is successful in developing a 
design and performance consensus standard, and if service experience, 
including accident data, demonstrates a marked difference between 
ultralight gyroplanes and those that are built to that voluntary 
consensus standard, then the FAA may revise the rule to permit 
gyroplanes to receive the special airworthiness certificates in the 
light-sport category. Otherwise, before the end of the 5-year period 
during which aircraft certificated under Sec.  21.191(i)(1) may be used 
for flight training for compensation, the FAA may consider if it will 
continue to keep exemptions in place to allow flight instructors to 
train sport pilots in gyroplanes issued experimental certificates.

Paragraph (10) Nonpressurized Cabin

    The FAA did not receive any comments on the proposed requirement 
for a light-sport aircraft to include a nonpressurized cabin, if 
equipped with a cabin, in paragraph (10).

Paragraphs (11) Through (13) Landing Gear

    Numerous commenters requested that the FAA revise the proposed 
definition of a light-sport aircraft to permit retractable landing 
gear. The FAA reiterates its original position that for aircraft other 
than gliders, retractable landing gear is inconsistent with the 
simplicity of the light-sport aircraft, and the training requirements 
for the sport pilot.
    The FAA received many comments requesting that the light-sport 
aircraft definition allow for simple mechanical retractable landing 
gear. Some commenters requested that specific existing aircraft that 
have simple mechanical retractable landing gear be eligible to be a 
light-sport aircraft. They noted these aircraft would otherwise satisfy 
the FAA's proposed definition of light-sport aircraft. The reasons 
stated by commenters for permitting light-sport aircraft to have 
retractable landing gear included--the safety benefit for emergency 
landings on water or rough fields; that speed limitations make the 
performance restriction of a fixed gear redundant; that training and 
endorsement for pilots under existing Sec.  61.31(e) adequately 
prepares pilots to operate aircraft with retractable landing gear; that 
the slow speed of light-sport aircraft will naturally limit damage in 
event of an inadvertent gear-up landing; that gear-up landings are not 
an uncommon occurrence; and that mechanical retractable landing gear is 
inherently simple compared to electrical, hydraulic, or pneumatically 
actuated systems. The FAA disagrees that aircraft other than gliders 
should have simple mechanical, or any other type of, retractable 
landing gear for the reasons stated above.
    A commenter asked the FAA to define its safety concern for not 
permitting light-sport aircraft to have retractable landing gear. The 
FAA does not expect retractable gear would improve the safety of a 
light-sport aircraft. The FAA believes that retractable landing gear 
add to pilot workload, particularly during the critical takeoff and 
landing phases of flight. Further, the addition of retractable landing 
gear would introduce the potential for gear failure. Therefore, the FAA 
believes that allowing the use of retractable landing gear on light-
sport aircraft other than gliders would provide no safety benefit for 
powered airplanes while adding to the operational and mechanical 
complexity of the aircraft.
    Many of these commenters stated their position that retractable 
landing gear does not add to aircraft complexity while helping to 
reduce drag and increase aircraft performance. The FAA disagrees and 
notes that retractable gear adds complexity as discussed above. The FAA 
notes that retractable landing gear are designed to enhance the 
performance of aircraft by reducing drag. This performance improvement 
is typically attained at operational speeds that exceed the performance 
limitations

[[Page 44801]]

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

[[Page 44802]]

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

[[Page 44803]]

aircraft with a fuselage. The FAA does not agree for reasons stated in 
the proposed rule and notes that to remove this restriction would 
permit foot-launched vehicles, such as powered or unpowered hang 
gliders, to be considered light-sport aircraft. The FAA has retained 
the requirement for a fuselage.
    The FAA is working with the weight-shift-control aircraft technical 
committee of ASTM. The FAA has discussed with this group that the 
definition of weight-shift-control aircraft should be limited to two-
axis-control aircraft, in which the wing pitch attitude may vary, and 
the wing position may be moved about the longitudinal axis of the 
aircraft. The definition of weight-shift-control aircraft precludes yaw 
control by vertical surfaces, or hinged control surfaces such as a 
rudder or ailerons to distinguish these aircraft from airplanes.
Changes
    The proposed definition of weight-shift control aircraft stated: 
``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.'' This is changed to state: ``Weight-shift-control aircraft 
means a powered aircraft with a framed pivoting wing and a fuselage 
controllable only in pitch and roll by the pilot's ability to change 
the aircraft's center of gravity with respect to the wing.''
    The FAA is also adding to the definition the following sentence: 
``Flight control of the aircraft depends on the wing's ability to 
flexibly deform rather than the use of control surfaces.''

V.2. Part 21--Certification Procedures for Products and Parts

Section 21.175 Airworthiness Certificates: Classification

    A few commenters recommended that light-sport aircraft be issued 
standard airworthiness certificates. The FAA agrees that a light-sport 
aircraft may be issued a standard airworthiness certificate if it meets 
the requirements of the airworthiness standards under Sec.  21.175(a). 
But an aircraft issued a standard airworthiness certificate requires a 
type certificate for its design, and usually a production certificate 
to be manufactured. Any light-sport aircraft not manufactured under a 
type certificate cannot be issued a standard airworthiness certificate.
    One commenter recommended that light-sport be added as a category 
of airworthiness certificate. The FAA agrees in part, but, as proposed 
in the NPRM and adopted in this final rule, determines that light-sport 
aircraft will be added as a category under special airworthiness 
certificate. Aircraft may receive a special airworthiness certificate 
in two separate ways. First, an aircraft may receive a special 
airworthiness certificate in the light-sport category if that aircraft 
meets a consensus standard. Second, if a light-sport aircraft does not 
meet a consensus standard, the owner may obtain an experimental 
certificate for it.
    One commenter recommended retaining experimental as a purpose, and 
not as a classification, on the special airworthiness certificate. The 
FAA disagrees. Taking this action would not allow the FAA to 
distinguish the various purposes for which experimental certificates 
are issued. Also, this action was not proposed and is outside the scope 
of this rulemaking.
    A few other commenters recommended that light-sport aircraft be 
required to have type certificates. One purpose of this rule is to 
provide for increased safety without substantially increasing the 
burden on the industry. Imposing type design requirements would add 
substantially to the cost of producing aircraft. A type certificate 
will not be necessary for light-sport aircraft that are certificated as 
special light-sport aircraft or experimental light-sport aircraft. They 
are issued airworthiness certificates with operating limitations that 
provide an appropriate level of safety for these aircraft. However, if 
the manufacturer of a light-sport aircraft chooses to apply to the FAA 
and demonstrates the appropriate level of compliance with the existing 
regulations, it may obtain a type certificate for its light-sport 
aircraft.
    Finally, upon further review, the FAA is correcting the wording of 
paragraph (b) to remove the word ``categories'' and the words 
``experimental airworthiness certificate'' are corrected to read 
``experimental certificate.'' This is necessary because all of the 
items in the list are not categories of special airworthiness 
certificates, and the experimental certificate does not indicate the 
airworthiness standards that the aircraft meets.
Changes
    In paragraph (b), the word ``categories'' is removed, and the words 
``experimental airworthiness certificate'' are corrected to read 
``experimental certificate.''

Section 21.181 Duration [of Airworthiness Certificates]

    Several commenters agreed with the FAA's position that the aircraft 
owner is ultimately responsible for the airworthiness of the light-
sport aircraft. These commenters also assumed that the FAA could take 
certificate action against the holder of the airworthiness certificate 
if necessary. The FAA discussed certificate action in the NPRM, but 
realizes that the proposed rule would not have provided a sufficient 
regulatory means to invalidate the airworthiness certificates issued to 
these aircraft. The FAA is therefore adopting language to include 
several limitations to the duration of the airworthiness certificate.
    The proposed rule would have revised paragraph (a)(1) to include 
requirements for special airworthiness certificates in the light-sport 
category. The FAA has decided not to amend (a)(1) but to move the 
proposed requirements for maintaining a valid special airworthiness 
certificate in the light-sport aircraft category to new paragraph 
(a)(3) (and redesignate proposed (a)(3) as (a)(4)). The new paragraph 
clarifies that those requirements must be continuously met to maintain 
the validity of the airworthiness certificate. The paragraph indicates 
that the aircraft must meet the definition of a light-sport aircraft; 
conform to its original configuration, except for authorized 
alterations; have no unsafe condition or be likely to develop an unsafe 
condition; and be registered in the United States. If a special light-
sport aircraft fails to meet the limitations listed under Sec.  
21.181(a)(3), the special airworthiness certificate issued under Sec.  
21.190(a) is no longer valid. However, the aircraft may still be 
eligible for an experimental certificate issued under Sec.  
21.191(i)(3) with a duration established by Sec.  21.181(a)(4).
Changes
    Paragraph (a)(1) is retained without change in the final rule. 
Proposed paragraph (a)(3), which discusses experimental certificates, 
is redesignated as (a)(4), and a new paragraph (a)(3) addressing 
special airworthiness certificates is added. New paragraph (a)(3) adds 
requirements that the aircraft must meet to maintain eligibility for a 
special airworthiness certificate.

Section 21.182 Aircraft Identification

    The FAA received no comments on this section.

[[Page 44804]]

Changes
    The proposal is adopted without change.

Proposed Sec.  21.186 (Adopted as Sec.  21.190--See Discussion Below)

    Proposed Sec.  21.186 is renumbered as Sec.  21.190 in the final 
rule. This is being done because Sec.  21.45, which addresses 
privileges of the holder or licensee of a type certificate for a 
product, refers to Sec. Sec.  21.173 through 21.189. Since light-sport 
aircraft are not issued type certificates, the FAA is moving this 
section on light-sport aircraft out of that group of sections to Sec.  
21.190.

Section 21.190 Issue of a Special Airworthiness Certificate for a 
Light-Sport Category Aircraft (Proposed as Sec.  21.186)

    Paragraph (a) Purpose: The FAA received comments that suggested 
using certification standards already acceptable in Europe and other 
countries. The FAA opted for design and performance standards developed 
through the consensus standard process. Those working on the consensus 
standards are aware of the other certification standards and may adopt 
all or a portion of them as deemed appropriate. See also discussions in 
Sec.  1.1 above.
    The FAA received several comments stating that gyroplanes also 
should be allowed to obtain special airworthiness certificates in the 
light-sport category under the terms of the proposed rule and not be 
limited to experimental certificates. The commenters recommended that 
gyroplanes have the same options as the other types of special light-
sport aircraft to obtain a special light-sport aircraft airworthiness 
certificate. See the discussion of gyroplanes under the definition of 
``light-sport aircraft'' in Sec.  1.1 above.
    In addition, upon further review by the FAA, the words ``for sport 
and recreation,'' ``flight training,'' and ``rental'' are deleted from 
this paragraph because these intended operations are more appropriate 
for inclusion under the operating rules of Sec.  91.327. As discussed 
under that section, special light-sport aircraft may be used for these 
types of operations or purposes.
    Paragraph (b) Eligibility: Proposed paragraph (b)(1) would have 
required that the registered owner of the aircraft provide the 
documentation listed in paragraph (b). Upon further review, the FAA 
realized that it was inappropriate to require the registered owner, 
rather than the applicant for the airworthiness certificate, to submit 
this information.
    In many cases, the proposal may have resulted in the registered 
owner needing to resubmit the information required by paragraph (b) and 
the airworthiness certificate being needlessly re-issued with a change 
in ownership. This would be an unnecessary administrative burden to the 
owners, to the FAA, and to the manufacturers. As specified in Sec.  
21.179, airworthiness certificates for all aircraft are transferred 
with the aircraft. Accordingly, the term ``registered owner'' in 
proposed paragraph (b)(1) is changed to ``applicant'' in the final 
rule.
    Proposed (b)(1)(i) would have required the submission of the 
applicable pilot operating handbook. Upon further review, the FAA is 
changing the name of the document to ``aircraft operating 
instructions.'' The name change will distinguish it from a pilot 
operating handbook, which is normally developed for small aircraft 
certificated under part 23. The content of the aircraft operating 
instructions will be governed by applicable consensus standard.
    A few commenters recommended that the FAA revise paragraph (b)(1) 
to allow light-sport aircraft manufacturers to apply for blocks of 
registration numbers. This is unnecessary since it can be done under 14 
CFR part 47, Aircraft Registration.
    Proposed paragraphs (b)(1)(iv) and (b)(1)(v) were intended to 
prevent past and future modifications that deviate from the consensus 
standards. The final rule deletes the proposed requirement that the 
registered owner produce statements regarding the past and future 
modification. Instead, the final rule addresses this issue with a 
limitation on the duration of the certificate's effectivity under Sec.  
21.181(a)(3), discussed above. Also, the FAA is addressing alterations 
to these aircraft in the operating limitations contained in Sec.  
91.327. The intent of the limitation is to preclude unauthorized 
alterations, repairs, and replacement parts. For additional discussion, 
see Sec.  91.327(b)(5), and (b)(6) of the operating limitations 
concerning alterations and repairs for these aircraft.
    Proposed paragraph (b) is also revised to require an applicant to 
submit the aircraft's flight training supplement. The FAA proposed that 
the manufacturer of an aircraft intended for certification with a 
special airworthiness certificate in the light-sport category issue a 
statement of compliance that identified the applicable pilot flight 
training manual and state that it would be made available to any 
interested person. The FAA is changing the term ``flight training 
manual'' to ``flight training supplement,'' as this document is 
intended to supplement the aircraft's operating instructions. To ensure 
that all owners of these aircraft possess appropriate flight training 
information to safely operate the aircraft, the FAA is requiring an 
applicant for a special airworthiness certificate in the light-sport 
category to submit the aircraft's flight training supplement when 
application for that certificate is made.
    Proposed paragraph (b)(2) would have prevented an aircraft having 
either a standard or a primary category airworthiness certificate from 
obtaining a special light-sport aircraft airworthiness certificate. 
This prohibition is broadened in the final rule to include not only 
aircraft issued standard or primary airworthiness certificates, but 
also those issued restricted, limited, or provisional airworthiness 
certificates or equivalent foreign airworthiness certificates. In 
broadening the rule's provisions, the FAA is using the same rationale 
that it used in the proposed rule. In the preamble of the proposed 
rule, the FAA stated that allowing aircraft with standard or primary 
airworthiness certificates to obtain a special light-sport certificate 
would be an unnecessary burden on the manufacturers, the operators, and 
the FAA. The FAA also stated that there would be little interest in 
``downgrading,'' as a special light-sport aircraft airworthiness 
certificate would have more restrictive operating limitations. (See 
discussion of proposed Sec.  21.186(b)(2).) The FAA is making these 
changes for the same reasons. These provisions are not intended to 
preclude a special light-sport aircraft airworthiness certificate from 
being issued to an aircraft that has been previously issued an 
experimental certificate.
    A few commenters also recommended that the FAA revise paragraph 
(b)(3) to allow use of designated airworthiness representatives (DARs) 
at factories for the purpose of performing FAA inspections. DARs are 
FAA designees and, as authorized, they may perform FAA inspections. 
They may be employed by manufacturers. No revision is necessary to 
allow DARs the authority to perform the inspections under (b)(3). See 
also the discussion on DARs under Sec.  21.191(i)(1).
    A commenter stated that requiring an individual FAA inspection 
before issue of a special airworthiness certificate is unnecessary. The 
FAA disagrees. The FAA, through an aviation safety inspector or a 
designee, inspects all aircraft before issuing an airworthiness 
certificate. An inspection is necessary to establish a minimum level of 
safety for special light-sport aircraft. The inspection is a way of 
determining that

[[Page 44805]]

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

[[Page 44806]]

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

[[Page 44807]]

changed to ``aircraft flight training supplement.''
    Proposed paragraph (c)(6) is redesignated as (c)(5) and is revised. 
Paragraph (c)(5) now states that the manufacturer will monitor and 
correct safety-of-flight issues, rather than identify a document to 
that effect. The paragraph also includes the requirement that the 
continued airworthiness system comply with the consensus standard and 
that the process to monitor and correct safety-of-flight issues will 
include the issuance of safety directives.
    Proposed paragraph (c)(7) is redesignated as (c)(6).
    Proposed paragraph (c)(8) is redesignated as (c)(7) and is 
reorganized and revised. The paragraph now includes the requirement 
that the manufacturer will ground and flight test the aircraft.
    Paragraph (d): The paragraph heading is changed from ``Imported 
light-sport aircraft'' to ``Light-sport aircraft manufactured outside 
the United States.''
    The words ``imported,'' ``import,'' and ``export'' are removed in 
the final rule, and the words ``manufactured outside the United 
States'' are used.
    In the introductory text, the words ``registered owner'' are 
changed to ``applicant.''
    Paragraph (d)(1) includes more specific language regarding the 
types of international agreements that are required for aircraft 
manufactured outside of the United States to be certificated as special 
light-sport aircraft.
    In paragraph (d)(2), the words ``make and model'' are removed; the 
words ``flight authority'' are changed to ``flight authorization;'' and 
the words ``other similar certification'' are added.
    Proposed paragraph (d)(3) is deleted.

Section 21.191 Experimental Certificates

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

[[Page 44808]]

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

[[Page 44809]]

assembled without the supervision and quality system of the 
manufacturer is deleted.
    In paragraph (i)(3), the FAA is changing the reference to Sec.  
21.190 from Sec.  21.186. In addition, the words ``sport and recreation 
and flight training'' are deleted.

Section 21.193 Experimental Certificates: General

    One commenter suggested that the proposal would not permit a 
manufacturer to produce only kits. The FAA disagrees. The rule does not 
contain such a limitation. As proposed, the manufacturer is required to 
manufacture and assemble at least one complete aircraft of each make 
and model before an airworthiness certificate is issued for a kit-built 
aircraft under Sec.  21.191(i). The aircraft assembled by the 
manufacturer must have been issued a special light-sport airworthiness 
certificate. This provides evidence that the aircraft meets an 
applicable consensus standard.
    Other commenters recommended that the FAA clarify what an applicant 
must provide to the FAA to show that the kit-built light-sport aircraft 
was assembled in accordance with the manufacturer's instructions. The 
FAA agrees and has made changes to the final rule in response to these 
comments. The changes to Sec.  21.191(i)(2) mentioned above require the 
applicant to provide evidence that the aircraft was assembled in 
accordance with the manufacturer's assembly instructions and that the 
assembly instructions meet an applicable consensus standard.
    One commenter questioned the need for the requirement that a 
registered owner provide evidence that an imported aircraft kit was 
manufactured in a country with which the United States had an agreement 
for its import or export. The commenter noted that kit-built aircraft 
would be classified as experimental light-sport aircraft under the 
rule. The FAA disagrees. Kit-built experimental light-sport aircraft 
certificated under Sec.  21.191(i)(2) must comply with consensus 
standards. The FAA believes that all aircraft designed to a consensus 
standard must be manufactured in a country with which the United States 
has a BAA, BASA with an IPA concerning airplanes, or equivalent 
airworthiness agreement, regardless of whether the aircraft is a kit or 
a completed aircraft. The requirement in Sec.  21.193(e)(6) is similar 
to that imposed under Sec.  21.190(d). The requirement specified in 
Sec.  21.193(e)(6) is retained and modified in a manner similar to 
Sec.  21.190(d) to better describe the applicable international 
agreements. See discussion of Sec.  21.190(d).
    Proposed paragraph (e)(5) would have required that the assembler of 
a kit aircraft provide the assembly instructions. This requirement has 
been removed; however, Sec.  21.191(i)(2) has been changed to require 
that these aircraft be assembled in accordance with the manufacturer's 
assembly instructions that meet an applicable consensus standard. Under 
that section, the FAA does not specifically require that an applicant 
submit manufacturer's assembly instructions; however, it may be 
necessary for the applicant to present those instructions to show that 
the kit was assembled in accordance with those instructions.
    The FAA has added new Sec.  21.193(e)(5) to the final rule to 
require that the assembler of a kit aircraft provide the aircraft 
flight-training supplement. This is to assure that the assembler, who 
must operate and test the aircraft according to the manufacturer's 
instructions as part of the assembly process, is aware of any flight-
training requirements that the manufacturer may specify. This document 
should also identify the set of aircraft to which the individual 
aircraft belongs. This is consistent with requirements for a ready-to-
fly aircraft under Sec.  21.190(b)(1).
    A few commenters requested direct assistance from the FAA in the 
assembly and certification of their specific aircraft. This is outside 
the scope of rulemaking. The FAA does not assist persons in the 
assembly of aircraft. The FAA will, however, respond to questions 
regarding the certification of aircraft.
    Additionally, the FAA received comments pertaining to the 
construction of kit-built light-sport aircraft and the FAA's control of 
kit manufacturers. The FAA provides for the safety of the kit-built 
aircraft through the inspection of the assembled aircraft prior to 
issuing an experimental certificate. Each kit-built aircraft is 
inspected prior to certification. An aircraft that is not in a 
condition for safe operation will not be issued an experimental 
certificate.
Changes
    In paragraph (e), ``registered owner'' is changed to ``applicant.''
    Paragraph (e)(1) is revised for clarity with no substantive change.
    In paragraph (e)(2), ``applicable pilot operating handbook'' is 
changed to ``the aircraft operating instructions.''
    In paragraph (e)(3), ``applicable maintenance and inspection 
procedures'' is changed to ``the aircraft maintenance and inspection 
procedures.''
    Paragraph (e)(4) is revised for clarity and to correct references 
to Sec.  21.190 (which was proposed as Sec.  21.186). Also, the 
paragraph is modified to require that assembly instructions must meet 
an applicable consensus standard.
    The provisions of proposed paragraph (e)(5) are not adopted. 
Instead, its provisions have been revised and placed in Sec.  
21.191(i)(2).
    In the final rule, new paragraph (e)(5) adds the requirement to 
provide the aircraft flight training supplement.
    Proposed paragraph (e)(6) is revised to include more specific 
language regarding the types of international agreements that are 
required for an experimental light-sport aircraft to be certificated 
from an aircraft kit manufactured outside the United States.

V.3. Part 43--Maintenance, Preventive Maintenance, Rebuilding, and 
Alteration

V.3.A. Part 43--General Issues

    The NPRM proposed to give repairmen (light-sport aircraft) the 
authority to work on special light-sport aircraft without complying 
with part 43. The proposal was based on the three factors--(1) special 
light-sport aircraft would be very basic in design and construction; 
(2) these aircraft, and parts installed on them, would not be FAA 
approved; and (3) work could be performed on these aircraft under 
operating limitations that would contain provisions similar to part 43. 
The proposal would have required maintenance on these aircraft to be 
performed in accordance with operating limitations. This parallels the 
current requirement to have annual condition inspections on 
experimental amateur-built aircraft performed in accordance with the 
aircraft's operating limitations.
    Several commenters expressed concern that there would be a 
degradation of safety by excepting special light-sport aircraft from 
part 43 maintenance performance standards and recording requirements. 
One commenter specifically expressed concerns that safety would be 
compromised without a maintenance standard and wanted part 43 to be 
required, or equivalent standards included in the aircraft operating 
limitations. The FAA agrees and is changing the rule to require 
maintenance to be performed in accordance with part 43 for reasons 
described below. These requirements will apply to repairmen, repair 
stations, or mechanics when performing and recording work on special 
light-sport aircraft.

[[Page 44810]]

    After reviewing public comments on the definition of ``light-sport 
aircraft'' in Sec.  1.1, the FAA is increasing the takeoff weight of 
light-sport aircraft to allow incorporation of more reliable FAA-
approved type-certificated engines and propellers. As a result of that 
change, the FAA anticipates that type-certificated engines and 
propellers will be installed on special light-sport aircraft, the 
majority of which will be used for flight training and rental.
    The FAA wants to encourage the use of these type-certificated 
products, as they will enhance safety and reliability of special light-
sport aircraft. This change necessitates more clearly established 
maintenance performance and recording procedures, in part to address 
work that may be performed to satisfy ADs issued on products installed 
on these aircraft.
    The need to perform and record maintenance on these aircraft in 
accordance with part 43 was highlighted when, on September 3, 2002, the 
FAA issued Airworthiness Directive 2002-16-07 on Bombardier-Rotax 912 
and 914 series type-certificated engines. These engines may be used on 
ultralight-like aircraft used for flight training and amateur-built 
aircraft, the kinds of aircraft that may fall within the weight, speed, 
and two-seat occupancy parameters of light-sport aircraft. The AD 
demonstrates that it is reasonable to expect that some special light-
sport aircraft used for training and rental will be subject to ADs.
    Generally, the changes in this rule require compliance with 
Sec. Sec.  43.9, 43.12, and 43.13. Repairmen performing maintenance and 
pilots performing preventive maintenance on light-sport special 
aircraft will be held to the following:
     The recording requirements in Sec.  43.9 for maintenance;
     The falsification and alteration of records prohibitions 
in Sec.  43.12; and
     The performance requirements in Sec.  43.13, which 
requires the repairman and pilot to do the work in accordance with the 
manufacturer's instructions and states that the work performed must be 
done in a way that the aircraft condition is equal to its original or 
properly altered condition.
    Other sections of part 43 are changed to address the newly created 
sport pilots and repairmen (light-sport aircraft) under Sec. Sec.  
43.9, 43.12, and 43.13. These changes will permit these persons to 
perform maintenance in accordance with the provisions of part 43; 
however, a person performing work equivalent to a major repair or a 
major alteration on a non-FAA-approved product installed on a special 
light-sport aircraft will not need to--
     Use the repair and alteration form (FAA Form 337) required 
by Sec. Sec.  43.5(b) and 43.9 (d);
     Use the list of major repairs and major alterations in 
part 43, appendix A, sections (a) and (b) to determine what constitutes 
a major repair or major alteration; or
     Record major repairs and major alterations as prescribed 
in part 43, appendix B.
    The use of Form 337 is not required because special light-sport 
aircraft will be built to a consensus standard ``accepted'' by the FAA, 
but not ``approved'' by the FAA. Since data used to comply with the 
consensus standard will be accepted design data only, the FAA will not 
require the use of approved data for major repairs or major 
alterations, nor will the FAA require the use of a form that requires 
the listing of ``approved'' data for a major repair or major alteration 
of a special light-sport special aircraft. The FAA expects that the 
consensus standards will address the identification and recording of 
major repairs and major alterations for each category of light-sport 
aircraft.
    For major repairs and major alterations performed on FAA-approved 
products installed on special light-sport aircraft, the recording 
requirements to document major repairs and major alterations in part 43 
will apply.
    Another commenter expressed concern that communication and 
navigation equipment required by part 91 would not be adequately 
maintained. The FAA agrees this kind of equipment should be maintained 
in accordance with part 91 and the applicable provisions of part 43 and 
these requirements are now reflected in the rule.
    Several commenters wanted part 43 to be amended to allow sport 
pilots to perform preventive maintenance as defined in part 43. The FAA 
agrees that sport pilots should be permitted to perform preventive 
maintenance on certain light-sport aircraft. Therefore Sec.  43.3 is 
revised to permit sport pilots to perform preventive maintenance, but 
only on special light sport aircraft the pilot owns and operates.

V.3.B. Part 43--Section-by-Section Discussion

Section 43.1 Applicability

    The FAA's response to comments regarding the applicability of part 
43 to light sport aircraft are addressed in the discussion above. In 
the final rule, paragraph (b) is revised to remove proposed language 
stating that part 43 would not apply to any aircraft issued a special 
airworthiness certificate in the light-sport category.
    In addition, paragraph (d) is added to create exceptions for major 
repairs and major alterations performed on products not produced under 
an FAA approval installed on special light-sport aircraft. If the parts 
are produced under an FAA approval, the exceptions in paragraph (d) do 
not apply.
Changes
    The introductory text of paragraph (a) is amended to include a 
reference to the exception established by new paragraph (d).
    Paragraph (b) is revised to remove the proposed exception for 
special light-sport aircraft.
    Paragraph (d) is added to address the performance of major repairs 
and major alterations on special light-sport aircraft.

Section 43.3 Persons Authorized To Perform Maintenance, Preventive 
Maintenance, Rebuilding, and Alterations

    As stated above, Sec.  43.1 now includes maintenance performance 
and recording requirements for special light-sport aircraft. In Sec.  
43.3, paragraph (c) is revised to allow repairmen to perform 
alterations as provided in part 65. This change is being made because 
part 65 has been revised to permit repairmen (light-sport aircraft) to 
perform alterations on special light-sport aircraft. Also, Sec.  
43.3(g) is revised to allow the holder of a sport pilot certificate to 
perform preventive maintenance on special light-sport aircraft, if he 
or she owns or operates the aircraft.
    The new maintenance privileges for sport pilots and repairmen 
(light-sport aircraft) do not extend to work performed on type-
certificated aircraft that meet the definition of light-sport aircraft. 
Sport pilots and repairmen (light-sport aircraft) will not be permitted 
to perform preventive maintenance and maintenance on type-certificated 
aircraft. This decision is based on the fact that they do not have the 
same level of experience as persons who currently perform maintenance 
and preventive maintenance on type certificated aircraft. The FAA 
believes the amount of training required under this rule for sport 
pilots and repairmen (light-sport aircraft) is not sufficient to permit 
them to sign off maintenance-related tasks on more complicated type-
certificated aircraft and this lack of training would create additional 
safety concerns.
    The FAA wants to make it clear that, while an appropriately rated 
sport pilot

[[Page 44811]]

may fly a type-certificated aircraft that meets the definition of 
light-sport aircraft, only certificated airframe and powerplant 
mechanics with inspection authorization and appropriately rated repair 
stations must conduct the annual inspection and ensure compliance with 
ADs and other inspections required to maintain a standard airworthiness 
certificate or other special airworthiness certificate issued to a type 
certificated aircraft.
    Some commenters expressed confusion over what the term ``preventive 
maintenance'' means. As defined in Sec.  1.1, preventive maintenance 
means ``...simple or minor preservation operations and the replacement 
of small standard parts not involving complex assembly operations.'' 
Preventive maintenance operations are listed in appendix A of part 43. 
As the term pertains to special light-sport aircraft, preventive 
maintenance may be performed by the holder of at least a sport pilot 
certificate. That aircraft must be owned or operated by that pilot and 
the work must be performed in accordance with the performance rules 
specified in Sec.  43.13.
    Experimental aircraft do not meet a recognized standard for 
certification, and the FAA has not imposed the maintenance rules in 
part 43 for the continuing airworthiness of these aircraft. Therefore, 
the limitations on the performance of preventive maintenance in part 43 
do not apply, and experimental aircraft may have preventive maintenance 
performed by any individual.
    Light-sport aircraft manufacturers are not included in the list of 
persons authorized to perform maintenance, preventive maintenance, 
rebuilding or alterations, or approve an aircraft for return to 
service, because they are not required to hold an FAA-issued production 
approval or repair station certificate. This lack of FAA certification 
does not prevent the manufacturer from having FAA-certificated persons 
on its staff who are authorized to perform maintenance and inspection 
functions.
Changes
    Paragraphs (c) and (g) of Sec.  43.3 are revised in the final rule 
as discussed above.

Section 43.7 Persons Authorized To Approve Aircraft, Airframe, Aircraft 
Engines, Propellers, Appliances, or Component Parts for Return to 
Service After Maintenance, Preventive Maintenance, Rebuilding, or 
Alteration

    In Sec.  43.7, paragraph (g) is added to enable the repairman 
(light-sport aircraft) with a maintenance rating to approve an aircraft 
certificated as a special light-sport category aircraft for return to 
service. This includes approving both special and experimental light-
sport aircraft for return to service after the performance of either an 
annual condition inspection or a 100-hour inspection. It also includes 
approving a special light-sport aircraft for return to service after 
maintenance is performed on that aircraft.
    Paragraph (h) is added to allow the holder of a sport pilot 
certificate to approve a special light-sport aircraft for return to 
service after performance of preventive maintenance as authorized in 
Sec.  43.3(g).
    For reasons similar to those discussed under Sec.  43.3, light-
sport aircraft manufactures are not authorized to approve aircraft for 
return to service, unless otherwise certificated.
Changes
    Paragraphs (g) and (h) are added to Sec.  43.7 as discussed above.

Section 43.9 Content, Form, and Disposition of Maintenance, Preventive 
Maintenance, and Alterations Records (Except Inspections Performed in 
Accordance With Part 91, Part 125, Sec.  135.411(a)(1), and Sec.  
135.419 of This Chapter)

    Section 43.9 is amended and reorganized for clarity. In the final 
rule, the FAA is adding a new paragraph (d) using the language 
presently at the end of paragraph (a) (beginning with the words ``In 
addition to the entry required * * * ''). This new paragraph contains 
the obligation for persons who perform major repairs and major 
alterations on type-certificated aircraft to record that work as 
prescribed in appendix B to part 43. As stated above, the FAA will not 
require that major repairs and major alterations on non-FAA-approved 
products installed on an aircraft certificated as a special light-sport 
category aircraft meet these requirements. New paragraph (d) is being 
established to facilitate the exception specified in Sec.  43.1(d)(1), 
which states that the repair or alteration form specified in this 
section is not required to be completed when work is performed on a 
non-FAA-approved product. Major repairs and major alterations performed 
on FAA-approved products must still meet the recording requirements in 
part 43. For a complete discussion, see ``V.3.A. Part 43--General 
Issues'' above.
    In addition, although not related to the amendments for the 
recording major repairs and major alterations, the FAA is taking this 
opportunity to revise the heading of Sec.  43.9 and paragraph (c) to 
remove the reference to part 123, which no longer exists.
Changes
    The heading for Sec.  43.9 is revised to remove the reference to 
part 123.
    In paragraph (a), the concluding text (beginning with the words, 
``In addition to the entry required * * * '') is designated as a new 
paragraph (d). In addition, the words, ``required by this paragraph'' 
are changed to ``required by paragraph (a) of this section.''
    In paragraph (c), the reference to part 123 is removed.

V.4. Part 45--Identification and Registration Marking

Section 45.11 General

    Although not proposed in the NPRM, the FAA is including an 
amendment to Sec.  45.11 in the final rule. The change is necessary 
because current Sec.  45.11 sets forth a requirement that an aircraft's 
identification plate must be secured either adjacent to and aft of the 
rearmost entrance door or on the fuselage surface near the tail 
surfaces. Powered parachutes and weight-shift-control aircraft have 
neither entrance doors or tail surfaces. Therefore, the FAA is adding 
an exception in a new paragraph (e) to address powered parachutes and 
weight-shift-control aircraft. Identification plates on these aircraft 
may be secured to the aircraft fuselage exterior so that they are 
legible to a person on the ground.
Changes
    Paragraph (a) is amended to add a reference to the exception in new 
paragraph (e).
    Paragraph (e) is added, as discussed above.
    The changes were not proposed.

Section 45.23 Display of Marks; General

    Section 45.23(b) sets forth the general requirements for displaying 
registration marks (``N'' numbers) on an aircraft, as well as other 
display markings for other types of aircraft. Although not originally 
included in the proposed rule, the FAA is adopting a revision to Sec.  
45.23(b) to respond to commenters' requests that light-sport aircraft 
have additional markings identifying them as light-sport aircraft 
similar to other marking requirements for experimental aircraft. This 
change to Sec.  45.23 adds the requirement for special light-sport 
aircraft certificated under Sec.  91.190 to include the mark ``light-
sport.'' The FAA emphasizes that aircraft having a standard 
airworthiness certificate that

[[Page 44812]]

meet the definition of a light-sport aircraft are not required to have 
the mark ``light-sport'' displayed on the aircraft. Aircraft that are 
required to be marked ``experimental'' also are not required have the 
mark ``light-sport'' displayed on the aircraft.
Changes
    Paragraph (b) is revised to add light-sport aircraft to the list of 
other aircraft to which the section applies. This amendment was not 
proposed.

Section 45.27 Location of Marks; Nonfixed-Wing Aircraft

    The FAA received several comments on the where marks should be 
located on non-fixed-wing aircraft. Some commenters recommended that 
the FAA require powered parachute owners to place markings on the 
airframe and not the airfoil. One commenter requested that markings be 
required on gas tanks. Another commenter wanted to be able to ``swap 
out'' the wings on weight-shift-control aircraft, as they have multiple 
wings that attach directly to one powered fuselage unit, and it only 
takes minutes to change them. The FAA believes that all of these 
commenters' concerns can be addressed by requiring that the markings be 
placed on the fuselage, as that is a permanent structure of these 
aircraft. The FAA has revised the rule language accordingly.
    Another commenter requested that marks be required on the wing or 
the canopy, as is done in Europe. The FAA will allow markings on the 
wings or canopy if the operator wants to place them there; however, 
they will not be required. As discussed above, the markings are 
required on the fuselage. This allows the interchanging of wings 
without having to have the wings and the fuselage recertificated as one 
unit each time they are changed.
Changes
    In paragraph (e), the words ``on any structural member or airfoil'' 
have been changed to ``on any fuselage structural member.''

Section 45.29 Size of Marks

    Some commenters suggested that the rule allow experimental light-
sport aircraft to use 1.5-inch-high markings instead of 3-inch-high 
markings already required for most similar types of aircraft. These 
commenters noted that because some light-sport aircraft are constructed 
using narrow tubular metal spars to form the aircraft's fuselage, there 
is not sufficient area on the side of such aircraft to display 3-inch-
high markings. The FAA disagrees with these observations. Aircraft that 
do not have the required surface area for the display of the required 
3-inch-high markings may be modified easily to be in compliance with 
this requirement through the installation of a plate on the side of the 
aircraft large enough to accommodate the required markings. The FAA 
does not believe that the markings for these aircraft should be smaller 
than those required for other certificated aircraft. The FAA will 
continue to require that all registered aircraft display at least 3-
inch-high markings.
    Some commenters wanted all light-sport aircraft to display 12-inch 
markings, regardless of the type of aircraft. The FAA disagrees that 
all light-sport aircraft must display such marks. While most aircraft 
are required to display 12-inch-high marks, part 45 allows for certain 
types of aircraft and experimental aircraft with airspeeds under 180 
knots CAS to display 3-inch-high marks. The size and speed of light-
sport aircraft does not necessitate the display of marks of a size more 
appropriate for larger and faster aircraft.
Changes
    The proposed rule is adopted without change.

V.5. Part 61--Certification: Pilots, Flight Instructors, and Ground 
Instructors

V.5.A. Part 61--General Issues

V.5.A.i. SFAR No. 89 Conversion Table
    As discussed above, the FAA proposed the sport pilot certification 
provisions as Special Federal Aviation Regulation (SFAR) No. 89. Those 
provisions now have been incorporated into the main body of part 61. 
Please use the chart below to determine how the SFAR section numbers 
correspond to part 61 section numbers.

------------------------------------------------------------------------
              SFAR section                       Part 61 section
------------------------------------------------------------------------
1. What is the purpose of this SFAR?...  Sec.   61.1 Applicability and
                                          definitions.
                                         Sec.   61.301 What is the
                                          purpose of this subpart?
                                         Sec.   61.401 What is the
                                          purpose of this subpart?
                                         Sec.   61.213 Eligibility
                                          requirements.
                                         Sec.   61.215 Ground instructor
                                          privileges.
3. When am I eligible for a certificate  Existing Sec.   61.83,
 under this SFAR?.                        Eligibility requirements for
                                          student pilots, contains the
                                          same requirements as the
                                          proposed rule.
                                         Sec.   61.305 What are the age
                                          and language requirements for
                                          a sport pilot certificate?
                                         Sec.   61.403 What are the age,
                                          language, and pilot
                                          certificate requirements for a
                                          flight instructor certificate
                                          with a sport pilot rating?
5. Does this SFAR expire?..............  Not adopted in final rule.
7. Does a sport pilot certificate        Existing Sec.   61.19, Duration
 issued under this SFAR expire?           of pilot and instructor
                                          certificates, contains the
                                          same requirements as the
                                          proposed rule.
9. What is a light-sport aircraft?.....  Sec.   1.1 General definitions.
11. Who is an authorized instructor?...  Existing Sec.   61.1,
                                          Applicability and definitions,
                                          contains the same requirements
                                          as the proposed rule.
13. Do regulations other than those      Sec.   61.303 If I want to
 contained in this SFAR apply to a        operate a light-sport
 sport pilot?                             aircraft, what operating
                                          limits and endorsement
                                          requirements in this subpart
                                          must I comply with?
15. Must I hold an airman medical        Sec.   61.3 Requirement for
 certificate?.                            certificates, ratings, and
                                          authorization.
                                         Sec.   61.23 Medical
                                          certificates: Requirement and
                                          duration.
17. Am I prohibited from operating a     Sec.   61.53 Prohibition on
 light-sport aircraft if I have a         operations during medical
 medical deficiency?                      deficiency?
  Student Pilot Certificate to Operate
          Light-Sport Aircraft
31. How do I apply for a student pilot   Existing Sec.   61.85,
 certificate to operate light-sport       Application, contains the same
 aircraft?                                requirements as the proposed
                                          rule.
33. (a), (b), and (c): What solo         Sec.   61.87 Solo requirements
 requirements must a student pilot        for student pilots.
 operating light-sport aircraft meet?

[[Page 44813]]

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

[[Page 44814]]

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

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

[[Page 44815]]

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

[[Page 44816]]

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

[[Page 44817]]

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

[[Page 44818]]

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

[[Page 44819]]

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

[[Page 44820]]

which is to hold a pilot certificate in order to be flight instructor.
    Another commenter suggested that the word ``requirement,'' used in 
SFAR No. 89 section 3(b), should be replaced with the word ``reasons.'' 
According to this commenter, ``requirements'' is not the correct word 
because ``requirements'' never prevented anyone from speaking, reading, 
or understanding English. Using the word ``reasons'' would allow for 
consistent usage of the term under current regulations.
FAA Response to Editorial Comments on Proposed Medical Provisions
    The comments requesting editorial changes have merit. The FAA 
adopts medical provisions that more clearly define requirements for 
flight instructors and that avoid the incorrect use of the terminology 
``medical requirements.'' The terminology the FAA uses under existing 
Sec. Sec.  61.123, 61.153, 61.183, and 61.213 is ``medical reasons,'' 
which is correct.
Other Editorial Change
    The FAA is changing the words ``current and valid'' when referring 
to an airman medical certificate to ``valid'' to avoid redundancy. An 
airman medical certificate is ``valid'' provided it has not expired as 
set forth under existing Sec.  61.23. Because there are no recency-of-
experience requirements associated with an airman medical certificate, 
the word ``current'' is redundant and therefore not necessary.

Future Rulemaking on Private Pilots With Weight-Shift-Control or 
Powered Parachute Ratings

    During the process of drafting the final rule, the FAA recognized 
that it did not specifically propose medical eligibility requirements 
for private pilots with a weight-shift-control or powered parachute 
rating. This would have inadvertently defaulted these pilots to a 
requirement to hold at least a third-class airman medical certificate 
to exercise the privileges associated with those ratings. This was not 
the FAA's intent. However, because the FAA did not propose and seek 
public comment on allowing private pilots with a weight-shift-control 
or powered parachute rating to operate those aircraft without holding a 
third-class airman medical certificate, the FAA must initiate future 
rulemaking action. It should be noted that persons wishing to operate 
weight-shift-control aircraft or powered parachutes while exercising 
sport pilot privileges, but not private pilot privileges, may do so 
under this rule. In addition, under current rules, a weight-shift-
control aircraft can be operated as an experimental powered glider, 
with an endorsement for self-launching, without an airman medical 
certificate.
V.5.A.iii. Flight Training and Proficiency Requirements
    As a result of this rulemaking action, the new sport pilot 
certificate has been established with training, experience, and testing 
requirements commensurate with the privileges and limits associated 
with this certificate level. This pilot certificate will fall between 
the part 103 regulations that address ultralight pilot privileges and 
those that address the recreational pilot certificate. Two of the key 
privileges a sport pilot will be granted are: (1) The ability to 
operate a simple, non-complex light-sport aircraft, defined in Sec.  
1.1, that exceed the parameters of an ultralight vehicle; and (2) 
permission to carry a passenger. Light-sport aircraft comprise the 
following categories of aircraft--airplane, gyroplane, glider, balloon, 
airship, powered parachute, and weight-shift-control aircraft.
    Several commenters wished to see the minimum number of hours 
required to obtain a sport pilot certificate raised, while a few 
commenters wished to see the number of hours required lowered.
    The FAA expects that the 20-hour minimum flight time requirement 
for all aircraft (except gliders, balloons, and powered parachutes) is 
adequate to train a person to exercise the privileges of a sport pilot. 
Sport pilots are limited in the types of aircraft they may operate and 
the operations they may conduct. The flight time and flight training 
are minimum requirements that an applicant for a sport pilot 
certificate must meet and even if satisfied, there are several 
additional checks before a sport pilot certificate is issued. 
Importantly, the applicant must be recommended by an authorized 
instructor who endorses the applicant's logbook indicating that he or 
she is prepared to take and pass the practical test. The applicant must 
also have been recommended for and passed a knowledge test on the 
general knowledge requirements necessary to exercise sport pilot 
privileges and operate a light-sport aircraft in the NAS. Once 
recommended by the authorized instructor, the applicant must 
demonstrate to the FAA, or FAA designated examiner, that the practical 
test standards can be met before the certificate is issued.
    The knowledge and flight training requirements, established for a 
sport pilot, requires the ability to comply with the operating rules in 
part 91, the certification rules in part 61, and NTSB rules in 14 CFR 
part 830. After satisfying all of these requirements for a pilot 
certificate, a sport pilot may--
     Operate an aircraft that meets the definition of light-
sport aircraft that does not exceed 87 knots VH and carry 
only one passenger
     Fly only between sunrise and sunset, below 10,000 feet 
MSL, with visual reference to the surface, and when the visibility is 3 
miles or greater
     Operate in class E and G airspace, but not in class A, B, 
C, and D airspace where you need to communicate with ATC, and fly 
cross-country
     Not tow any object, not conduct sales demonstration rides 
if an aircraft salesman, not fly for compensation or hire, or carry a 
passenger for compensation or hire.
    Additionally, to accommodate the approach originally proposed by 
the ultralight industry, the FAA established a building-block approach 
to permit a sport pilot to obtain additional privileges. After meeting 
the requirements for a sport pilot certificate, the pilot must obtain 
additional experience, training, and/or testing to receive an 
endorsement allowing the pilot to--
     Operate a new category or class of light-sport aircraft
     Operate a make and model of light-sport aircraft within a 
different set of aircraft
     Operate a light-sport aircraft that exceeds 87 knots 
VH (but does not exceed 120 knots VH)
     Operate in Class B, C, and D airspace and other airspace 
in which communication with ATC is required.
    One commenter suggested that the training and proficiency 
requirements be made commensurate with the complexity of aircraft on 
which the training is being given. The FAA believes that the rule does 
this. All student pilots, regardless of the certificate levels they are 
seeking, or the complexity of the aircraft, are trained to safely 
operate the aircraft in which they are receiving training in order to 
conduct solo operations. The FAA does not set a minimum time to meet 
the solo requirement, although an endorsement from an authorized flight 
instructor and continued supervision during solo training is required. 
A student pilot then continues training that is specific to the pilot 
certificate he or she is seeking.
    The minimum training required for a sport certificate will be 
appropriate for a light-sport aircraft, in the category the student 
wishes to fly, and in an aircraft that operates at an airspeed below 87 
knots CAS VH (100 mph). Although, the student does have the 
option to operate

[[Page 44821]]

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

[[Page 44822]]

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

[[Page 44823]]

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

[[Page 44824]]

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

[[Page 44825]]

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

[[Page 44826]]

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

[[Page 44827]]

light-sport gyroplanes, will be authorized to be operated by a sport 
pilot to carry a passenger and to receive flight training. If the 
gyroplane industry develops an industry consensus standard through the 
ASTM process (as discussed under Sec.  21.190), the FAA can examine the 
safety performance of gyroplanes that are built according to that 
standard. If there are positive safety benefits for gyroplanes built to 
the consensus standard, the FAA may consider future rulemaking that 
would permit gyroplanes built to the consensus standard to receive a 
special light-sport aircraft airworthiness certificate under Sec.  
21.190 and also allow light-sport kit-built manufactured to a consensus 
standard to receive an experimental light-sport aircraft certificate 
under Sec.  21.191(i)(2). The FAA may favorably consider petitions for 
exemption to allow flight training in an aircraft built to this 
standard to gain operational data to support future rulemaking.
    If the gyroplane industry is unable to agree on a consensus 
standard, the FAA will decide at that time whether to favorably 
consider petitions for exemption to allow training in experimental 
light-sport gyroplanes for compensation or hire or alternative 
arrangements. In addition, the FAA will need to evaluate the safety of 
continuing the current exemption issued to the Popular Rotorcraft 
Association to conduct training for compensation or hire in 
experimental gyroplanes.
V.5.A.viii. Demonstration of Aircraft to Prospective Buyers
    Commenters suggested that the FAA consider allowing aircraft 
salespersons who are sport pilots, flight instructors with a sport 
pilot rating, or recreational pilots to demonstrate aircraft in flight 
to prospective buyers after meeting experience requirements similar to 
those for a private pilot under Sec.  61.113(f). The commenters also 
requested the FAA consider allowing a recreational pilot who is not an 
aircraft salesperson to demonstrate a light-sport aircraft to a 
prospective buyer because a similar privilege was proposed for sport 
pilots.
    In section 75 of SFAR 89 (now Sec.  61.315(c)(9)), the FAA proposed 
that a sport pilot who is not an aircraft salesperson would be 
permitted to demonstrate a light-sport aircraft in flight to a 
prospective buyer. The proposal, however, would not have allowed a 
sport pilot who is an aircraft salesperson to demonstrate a light-sport 
aircraft in flight to a prospective buyer. The FAA did not propose this 
privilege for a flight instructor with a sport pilot rating because 
these types of privileges are typically addressed by the underlying 
pilot certificate. Additionally, Sec.  61.101(d)(12) currently states 
that a recreational pilot is prohibited from demonstrating an aircraft 
in flight to a prospective buyer.
    The FAA maintains that aircraft salespersons must hold at least a 
private pilot certificate to demonstrate an aircraft in flight to a 
perspective buyer. With the addition of ratings at the private pilot 
certificate level for weight-shift-control aircraft and powered 
parachutes, the regulations will now permit appropriately rated private 
pilots who are aircraft salespersons to demonstrate these categories of 
aircraft in flight to prospective buyers.
    The FAA maintains that, for sales demonstrations that are not 
conducted by an aircraft salesperson, a sport pilot or a recreational 
pilot can conduct this activity. Therefore, to ensure that recreational 
pilots have at least the same privileges as sport pilots, the FAA is 
revising Sec.  61.101(d)(12) to allow a recreational pilot to conduct 
sales demonstration flights as long as the pilot is not acting as an 
aircraft salesperson.
V.5.A.ix. Category and Class Discussion: FAA Form 8710-11 Submission
    After further consideration of the NPRM, the FAA is adding a 
requirement to Sec.  61.321 (proposed as SFAR No. 89 section 63) to 
require that the holder of a sport pilot certificate seeking to operate 
in an additional category or class of light-sport aircraft complete an 
application for those privileges on a form and in a manner acceptable 
to the FAA. The FAA expects that FAA Form 8710-11, Sport Pilot 
Certificate and/or Rating Application, will be used for this process. 
Since the sport pilot certificate does not list category and class 
privileges, this form will be used to provide a record of the completed 
proficiency check and will provide a record available to the FAA and 
the NTSB when conducting accident and incident investigations or 
enforcement actions. Also it can provide a method for an airman to 
reconstruct a lost logbook, document endorsements that establish 
additional category and class privileges, or establish proof of 
required endorsements for insurance purposes.
    This requirement will also provide a method to gather additional 
data. Although this will require that additional paperwork be completed 
by airmen and authorized instructors, the FAA believes that the 
requirement is necessary, considering the previously discussed benefits 
to the public and the government. To facilitate compliance with this 
requirement, the FAA has modified the automated procedure, through 
Integrated Airman Certificate and/or Rating Application (IACARA), for 
completing FAA Form 8710-11.
    Pursuant to Sec.  61.423, FAA Form 8710-11 must be signed by the 
recommending instructor. The applicant must present this form to the 
authorized instructor conducting the proficiency check. In accordance 
with Sec.  61.423, the authorized instructor conducting the proficiency 
check must complete, sign and submit FAA Form 8710-11 within 10 days to 
the FAA upon satisfactory completion of the proficiency check. The 
authorized instructor must retain a copy of the form and retain it for 
three years in accordance with the recordkeeping requirements of Sec.  
61.423.

V.5.B. Part 61--Section-by-Section Discussion

    Section 61.1 Applicability and Definitions
    The FAA received comments on the definition of ``cross-country'' in 
Sec.  61.1(b)(3). They also commented on the provisions for pilotage, 
dead reckoning, electronic navigation aids, radio aids, and other 
navigation systems, which were not revised under the proposal. 
Commenters pointed out that the regulation would require training on 
each of these navigation techniques and systems. The commenters said 
that training on each of these requirements could not be accomplished 
for weight-shift-control aircraft and powered parachutes. After 
considering the comments and becoming more familiar with powered 
parachute and weight-shift-control aircraft during the development of 
the practical test standards, the FAA recognizes that training on each 
of these navigation techniques and systems should be required when 
appropriate. Most of these aircraft do not have any electronic 
navigation equipment or radio aids and are not required to demonstrate 
this for the issuance of a sport pilot certificate. Therefore, the FAA 
is changing the final rule to add the words, ``as applicable'' 
paragraph (b)(3)(iii)(B) and (iv)(B). This is also discussed above 
under ``V.5.A.iii. Flight Training and Proficiency Requirements.''
    The FAA also is adding a definition of ``student pilot seeking a 
sport pilot certificate'' to Sec.  61.1. This definition is added to 
differentiate these student pilots from other student pilots. The 
definition specifies that a student pilot seeking a sport pilot 
certificate either receives an endorsement from a certificated flight 
instructor with a sport pilot rating or an endorsement from a 
certificated flight instructor with other

[[Page 44828]]

than a sport pilot rating, which includes a limitation for the 
operation of a light-sport aircraft as specified Sec.  61.89(c). See 
discussion of Sec.  61.89(c) below.
Changes
    The proposed amendments to Sec.  61.1 are adopted with formatting 
and wording changes for improved readability. In addition, the 
following changes are made.
    The proposed amendment to paragraph (b)(2)(iii) is not adopted in 
the final rule. As proposed, the amendment would have added a reference 
to SFAR No. 89, the provisions of which are now incorporated into part 
61. Since existing Sec.  61.1(b)(2)(iii) already contains a reference 
to part 61, the amendment is no longer necessary.
    In the final rule, paragraph (b)(3)(ii) introductory text is 
revised to add the words ``(except for a powered parachute category 
rating)'' after the words ``for a private pilot certificate.'' This 
revision is made because the definition of cross-country time in 
paragraph (b)(3)(iv) addresses persons seeking a private pilot 
certificate with a powered parachute category rating.
    Proposed paragraphs (b)(3)(iii)(A) and (b)(3)(iv)(A) have been 
included in the introductory language of (b)(3)(iii) and (b)(3)(iv) 
respectively. Proposed paragraphs (b)(3)(iii)(B) and (b)(3)(iv)(B) are 
therefore adopted as (b)(3)(iii)(A) and (b)(3)(iv)(A) respectively.
    Proposed paragraphs (b)(3)(iii)(C) and (b)(3)(iv)(C) are adopted as 
(b)(3)(iii)(B) and (b)(3)(iv)(B) respectively, and each is amended by 
adding the words ``as applicable.''
    Paragraph (b)(15) is added to define the term ``student pilot 
seeking a sport pilot certificate.''

Section 61.3 Requirements for Certificates, Ratings, and Authorizations 
(Proposed as SFAR No. 89 Sections 15 and 111)

    The FAA received numerous comments on the topic of medical 
provisions. For a complete discussion of the comments and the FAA's 
responses, see ``V.5.A.ii. Medical Provisions.''
    In the final rule, the provisions of proposed SFAR No. 89 sections 
15 and 111 are found in Sec. Sec.  61.3(c)(2) and 61.23(a), (b), and 
(c). Current Sec. Sec.  61.3(c)(2) excepts persons from having to meet 
the airman medical certificate requirements of the section in certain 
circumstances. That paragraph is amended in the final rule to include 
the medical provisions found in proposed SFAR No. 89 section 15 for 
student pilots seeking a sport pilot certificate and for sport pilots. 
In addition, the paragraph is further amended to require that persons 
using a current and valid U.S. driver's license meet certain 
requirements. If a person has applied for an airman medical 
certificate, that person must have been found eligible for the issuance 
of at least a third-class airman medical certificate at the time of his 
or her most recent application. If a person has been issued an airman 
medical certificate, his or her most recently issued airman medical 
certificate must not have been suspended or revoked. If a person has 
been granted an Authorization, that Authorization must not have been 
withdrawn. Further, a person must not know or have reason to know of 
any medical condition that would make him or her unable to operate a 
light-sport aircraft in a safe manner.
    Proposed SFAR No. 89 section 111 set forth medical provisions for 
flight instructors with a sport pilot rating. The provisions of current 
Sec.  61.3(c)(2)(ii) through (c)(2)(iv) address these flight 
instructors, and a rule change to incorporate proposed section 111 is 
not therefore required.
    See the discussion under ``V.5.A.ii. Medical Provisions.'' In 
addition, Sec.  61.23, which describes what a person needs to satisfy 
medical eligibility requirements, is discussed below.
Changes
    The medical provisions proposed in SFAR No. 89 sections 15 and 111 
are transferred to Sec.  61.3(c)(2) with the following change. New 
language is added to provide that persons may not use a current and 
valid U.S. driver's license as evidence of medical qualification if his 
or her most recent application for an airman medical certificate has 
been denied based on being found not eligible for the issuance of at 
least a third-class airman medical certificate, his or her most 
recently issued airman medical certificate has been suspended or 
revoked, or his or her most recent Authorization has been withdrawn. 
Further, that person must not know or have reason to know of any 
medical condition that would make him or her unable to operate a light-
sport aircraft in a safe manner.

Section 61.5 Certificates and Ratings Issued Under This Part

    Several commenters noted that the proposed rule made no provisions 
for a powered parachute-sea class rating. The FAA assumed that it was 
only necessary to establish a powered parachute category rating and not 
establish separate land and sea class ratings because the FAA was not 
aware that a powered parachute capable of water operations existed. The 
FAA is now aware that design innovation and new use of existing 
technologies has allowed manufactures to design a powered parachute 
with an inflatable wing that is suitable for water operations. 
Therefore, the FAA is establishing both powered parachute-land and 
powered parachute-sea class ratings in Sec.  61.5.
    Several commenters suggested adding additional categories of 
aircraft to this section. All of these suggestions were to add 
ultralight vehicles that the FAA has stated will remain under part 103. 
Some examples are paramotors, paragliders, and unpowered foot-launched 
parachute aircraft. The FAA has been working closely with the 
ultralight industry to establish common definitions and common industry 
standards for these vehicles. Additional categories and classes of 
aircraft may be addressed in future rulemaking. Existing exemptions for 
tandem ultralight training vehicles under part 103 may also be revised 
to address these new categories and classes of aircraft. See the 
discussion under ``III.5.A. Comments on Ultralight Vehicles'' and 
``III.5.B. Future Rulemaking on Ultralight Vehicles.''
    Several other commenters requested that the FAA consider commercial 
pilot certificates with category ratings for powered parachutes and 
weight-shift-control aircraft. They thought that this level of pilot 
certification would be required when the FAA was ready to consider some 
limited commercial operations for these new categories of aircraft. The 
commenters pointed out that powered parachutes and weight-shift-control 
aircraft are ideal for sightseeing, crop dusting, pipeline and 
powerline patrols, aerial photography, and traffic reporting. The FAA 
agrees that limited types of commercial operations may need to be 
considered in the future. If there is a need to require a commercial 
pilot certificate for those types of operations, the FAA may initiate 
rulemaking for that purpose. However, the FAA is not adding training 
and certification requirements that will permit a person to add a 
powered parachute or weight-shift-control category rating to a 
commercial or airline transport pilot (ATP) certificate.
Changes
    In Sec.  61.5, new paragraphs (b)(6)(i) and (ii) are added to 
include class ratings for powered parachute land and powered parachute 
sea, respectively.
    In the final rule also corrects a typographical error in the body 
of the rule text. The paragraph designated ``(i) * * * (5) Sport pilot 
rating'' should

[[Page 44829]]

have read ``(c) * * * (5) Sport pilot rating.''

Section 61.23 Medical Certificates: Requirement and Duration (Proposed 
as SFAR No. 89 Sections 15, 35, and 111)

    The FAA received numerous comments on the topic of medical 
provisions. For a complete discussion of the comments and the FAA's 
responses, see ``V.5.A.ii. Medical Provisions.''
    As noted above, in the final rule, the provisions of proposed SFAR 
No. 89 sections 15 and 111 are found in Sec. Sec.  61.3(c)(2) and 
61.23(a), (b), and (c). Among other things, Sec.  61.23 describes which 
operations do and do not require an airman medical certificate. In the 
final rule, the FAA is adding new paragraph (c) to describe operations 
that require either an airman medical certificate or a U.S. driver's 
license. The FAA notes that the final rule includes a provision that 
all restrictions listed on a current and valid U.S. driver's license, 
as well as those imposed by judicial and administrative order, apply at 
all times when a U.S. driver's license is used to meet the requirements 
of this section. This is also established under the privileges and 
limits for a sport pilot in Sec.  61.315(c)(17). This intent was 
discussed in the preamble of the NPRM for proposed SFAR No. 89 sections 
15 and 35.
    In addition, paragraph (c)(2) is further amended to require that 
persons using a current and valid U.S. driver's license meet certain 
requirements. A person using a driver's license who has recently 
applied for an airman medical certificate must have been found eligible 
for the issuance of at least a third-class airman medical certificate. 
If a person has been issued an airman medical certificate, his or her 
most recently issued airman medical certificate must not have been 
suspended or revoked. If a person has been granted an Authorization, 
his or her most recent Authorization must not have been withdrawn. 
Further, a person must not know or have reason to know of any medical 
condition that would make him or her unable to operate a light-sport 
aircraft in a safe manner.
Changes
    The medical provisions proposed in SFAR No. 89 sections 15, 35, and 
111 are transferred to Sec. Sec.  61.3 and 61.23. Under Sec.  
61.23(c)(2)(i), a requirement is added that each restriction and 
limitation, including those imposed by judicial and administrative 
order on a current and valid U.S. driver's license, apply at all times 
when a U.S. driver's license is used to meet the requirements of this 
section.
    In addition, language is added to paragraph (c)(2) to provide that 
persons may not use a current and valid U.S. driver's license as 
evidence of medical qualification if his or her most recent application 
for an airman medical certificate has been denied based on being found 
not eligible for the issuance of at least a third-class airman medical 
certificate, his or her most recently issued airman medical certificate 
has been suspended or revoked, or his or her most recent Authorization 
has been withdrawn. Further, that person must not know or have reason 
to know of any medical condition that would make him or her unable to 
operate a light-sport aircraft in a safe manner.

Section 61.31 Type Rating Requirements, Additional Training, and 
Authorization Requirements

    Paragraph (k)(1) is amended in the final rule to incorporate 
powered parachutes and weight-shift-control aircraft in the list of 
aircraft for which a category and class rating is not required if the 
aircraft is not type-certificated. The FAA recognized this oversight 
and is correcting it. Additionally, the FAA is making an editorial 
change to remove a reference to the class rating for gliders because 
this class rating no longer exists.
    Under Sec.  61.31(k)(2)(iii), the FAA proposed that, when 
conducting an operation while carrying passengers, the holder of a 
pilot certificate must have a category and class rating when operating 
an aircraft with an experimental certificate or provisional type-
certificate. A few commenters said that this change would be 
unnecessary. They believed that if a person is qualified to fly an 
experimental aircraft, he or she should be qualified to carry 
passengers, regardless of whether he or she holds a category and class 
rating.
    The FAA disagrees with these comments. The operation of 
experimental aircraft by pilots without appropriate category and class 
ratings was previously allowed under Sec.  61.31(k)(2)(iii), and the 
operating limitations for those aircraft permitted the carriage of 
passengers. However, the FAA believes that, in the interest of safety, 
a category and class rating is necessary when carrying a passenger, 
regardless of the aircraft's airworthiness certificate. This is because 
there is an increase in the number of experimental aircraft being 
operated in the NAS, and increased numbers of accidents have been 
attributed to a lack of category and class ratings.
    A few commenters, including the NTSB, suggested that a sport pilot 
should be required to hold a category and class privilege when 
operating an experimental light-sport aircraft regardless of whether he 
or she is carrying a passenger. The FAA agrees with these comments and 
proposed that a sport pilot, regardless of whether he or she is 
carrying a passenger, must hold a specific category and class privilege 
prior to operating any light-sport aircraft. If a sport pilot wishes to 
exercise category and class privileges in an aircraft with an 
experimental certificate, for which a category or class has not been 
established, the FAA will specify in the aircraft's operating 
limitations the specific category and class rating required to operate 
that aircraft. The category and class specified will be based on the 
category and class of an aircraft that has operating characteristics 
similar to that new aircraft. The FAA has the authority to limit the 
carriage of a passenger in the aircraft's operating limitations if this 
is necessary for safe operation.
    The FAA also considered whether a pilot holding a recreational 
pilot certificate or higher, while operating an experimental aircraft 
without a passenger, should be required to hold a category and class 
rating. The FAA does not believe that this is necessary at this time. 
The FAA did not receive any information from commenters to support 
requiring a category and class rating while operating an experimental 
aircraft without a passenger. For operations without a passenger, the 
FAA will continue to address on a case-by-case basis the specific 
requirements for category and class ratings through the operating 
limitations issued for each experimental aircraft.
    To ensure that pilots currently operating under the existing Sec.  
61.31(k)(2)(iii) comply with its revised provisions, the FAA is 
establishing a method for giving credit for previous experience gained 
in an experimental aircraft. This is established in the amendments to 
Sec. Sec.  61.63(k) and 61.165(f). Certificated pilots holding a 
recreational pilot certificate or higher who do not have a category and 
class rating to operate the experimental aircraft, may apply for a 
category and class rating with the limitation ``experimental aircraft 
only,'' and a designation for the make and model aircraft authorized to 
be operated. Pilots seeking this privilege must have logged at least 5 
hours of pilot-in-command time in the same category, class, make, and 
model of aircraft issued an experimental certificate. The applicant is 
required to receive a logbook endorsement from an authorized flight 
instructor who has determined that he or she is proficient to act as 
pilot in

[[Page 44830]]

command of the same category and class of aircraft. Finally, the 5 
hours of flight time must be logged between September 1, 2004 and 
August 31, 2005. Upon satisfaction of these requirements, the FAA will 
issue the applicant a new pilot certificate with the additional 
category and class rating and the limitation ``experimental aircraft 
only'' without any further testing.
    The FAA believes that the 5 hours of pilot-in-command time received 
within the 12-month window ensures recent experience in the category 
and class of experimental aircraft that the applicant intends to 
operate. This, combined with an endorsement from a flight instructor, 
gives the FAA confidence that the applicant has the necessary skills to 
continue operating that make and model of experimental aircraft safely. 
The FAA believes this is sufficient to allow these pilots who have been 
previously operating without a category and class rating under the 
current regulation to continue operations safely. The FAA believes that 
it would be an unnecessary additional burden in these cases to require 
fulfilling the otherwise applicable testing requirements for a category 
and class rating.
    A few commenters, including the NTSB, noted that in the proposed 
rule language for Sec.  61.31(k)(2), the FAA did not recognize that the 
holder of a sport pilot certificate may operate an aircraft without 
having the appropriate category or class rating on the sport pilot 
certificate. This was an oversight. A sport pilot has category and 
class privileges that are authorized through endorsements and annotated 
in the pilot's logbook; therefore, an exception must be made in this 
section for a sport pilot. Accordingly, the FAA is adding Sec.  
61.31(k)(2)(vi).
Changes
    Paragraph (k)(1) is amended in the final rule to incorporate 
powered parachutes and weight-shift-control aircraft in the list of 
aircraft for which a category and class rating is not required if the 
aircraft is not type-certificated. Additionally, the FAA is making an 
editorial change to remove the class rating for gliders because this 
class rating no longer exists. In paragraph (k)(2)(iii), the words 
``experimental or provisional aircraft type certificate, unless the 
operation involves carrying passengers'' are designated as paragraphs 
(A) and (B) and corrected to read ``(A) A provisional type certificate; 
or (B) An experimental certificate, unless the operation involves 
carrying a passenger.''
    New paragraph (k)(2)(vi) is added.

Section 61.45 Practical Tests: Required Aircraft and Equipment

    Currently, an applicant for a certificate or rating must furnish an 
aircraft of U.S. registry with an airworthiness certificate and in a 
category specified in Sec.  61.45(a) to conduct a practical test. 
Commenters noted that the FAA did not propose a change to this section 
to allow use of light-sport category aircraft. The FAA is therefore 
adding references to ``light-sport category'' to paragraphs (a)(1)(ii) 
and (a)(2)(i) to correct this oversight.
    First, in paragraph (a)(1)(ii), the FAA will allow an applicant to 
use a light-sport category aircraft for a practical test because light-
sport category aircraft are designed and manufactured to an FAA-
accepted consensus standard. Therefore, for the purpose of conducting 
the entire flight segment of a practical test, these aircraft are 
considered equivalent to an aircraft issued a standard, limited, or 
primary category certificate.
    Second, to address the addition of light-sport category aircraft to 
paragraph (a)(1)(ii), the FAA is providing in paragraph (a)(2)(i), 
that, at the discretion of the examiner, an applicant may also use an 
aircraft other than one in the standard, limited, or primary category, 
which are currently required by (a)(1)(ii), or a light-sport category 
aircraft. This makes it possible for an applicant to use an aircraft 
with an airworthiness certificate other than that specified in 
paragraph (a)(2)(i) for a practical test. An examiner could, therefore, 
permit the use of an experimental aircraft for a practical test. The 
FAA is leaving use of such an aircraft to the discretion of the 
examiner because experimental aircraft are not designed or manufactured 
to a specific regulatory standard.
    Several commenters stated that the FAA should modify the 
regulations to allow the practical test to be administered in a single-
seat aircraft. They indicated that there are many existing single-seat 
gyroplanes, fixed-wing aircraft, powered parachutes, and weight-shift-
control unregistered ultralight-like aircraft that will be operated 
under this rule. The commenters said that revising Sec.  61.45 to allow 
practical tests in these aircraft would help many pilots that are 
flying single-seat unregistered ultralight-like aircraft to obtain 
their sport pilot certificates without incurring the cost of training 
and testing in a two-seat aircraft with which they are not familiar.
    The FAA agrees with the commenters and is establishing in Sec.  
61.45(f) specific requirements to allow a practical test to be 
conducted in a light-sport aircraft that has a single seat. The FAA 
notes that an ultralight pilot who is currently operating a single-seat 
ultralight-like aircraft that does not meet the definition of an 
ultralight vehicle will need to take a practical test to be issued a 
sport pilot certificate to operate that light-sport aircraft. According 
to information the FAA received from manufacturers, there are a number 
of pilots who intend to purchase single-seat light-sport aircraft, 
rather than ultralight vehicles, and this provision will allow them to 
take the practical test for the sport pilot certificate in these 
aircraft without incurring the cost of additional training and testing 
in a two-seat light-sport aircraft.
    In the past, the FAA has encountered situations where pilots sought 
type ratings or letters of authorization in lieu of type ratings in 
aircraft not designed for two occupants. Testing in those aircraft has 
been accomplished in accordance with established FAA guidance. In these 
cases, testing procedures include observation from the ground or from 
chase airplanes.
    The FAA believes that with certain limitations, it is appropriate 
to allow the practical test for a sport pilot certificate to be 
conducted from the ground by a DPE or an FAA inspector. An examiner 
must agree to conduct the practical test in a single seat aircraft and 
must ensure that the practical test is conducted in accordance with the 
sport pilot practical test standards for single seat aircraft. The 
pilot will have a limitation placed on his or her sport pilot 
certificate limiting operations to a single-seat light-sport aircraft, 
and he or she will not be authorized to carry passengers. Only a DPE or 
an FAA inspector is authorized to remove the limitation. This can be 
accomplished when the sport pilot takes a practical test in a two-place 
light-sport aircraft and conducts additional tasks identified in the 
practical test standards. It can also be accomplished if the sport 
pilot completes the certification requirements for a higher 
certificate, rating, or privilege in a two-place aircraft.
    The FAA received several comments asking how a flight review 
required by Sec.  61.56 would be accomplished in a single-seat 
aircraft. A sport pilot who is issued a certificate with a single-seat 
limitation must complete a flight review every 24 calendar months, as 
required by Sec.  61.56. The flight review is required to establish 
that a sport pilot still maintains the knowledge and skills to exercise 
sport pilot privileges. There are several methods for accomplishing a 
flight review under Sec.  61.56. If the flight review will be 
accomplished in an aircraft, it must be in an aircraft with a

[[Page 44831]]

minimum of two seats, in which the pilot is rated, and with an 
authorized instructor. In addition, the flight review must be conducted 
with a current and qualified authorized instructor who must act as 
pilot in command during the conduct of the flight. Therefore, a flight 
review cannot be conducted in a single seat aircraft.
Changes
    Paragraphs (a)(1)(ii) and (a)(2)(i) are revised to add the words 
``light-sport category.''
    Paragraph (b)(1)(iii) is revised to add an exception to new 
paragraph (f).
    Paragraph (f) is added to allow practical tests in a single-seat 
light-sport aircraft.

Section 61.51 Pilot Logbooks (Proposed SFAR No. 89 Sections 67, 131, 
171, 173, and 175)

    In the final rule, requirements proposed in SFAR No. 89 sections 
67, 131, 171, 173, and 175 are transferred to Sec.  61.51 with minor 
wording changes. Several commenters expressed concern about the ability 
to carry a logbook in an open-cockpit aircraft. They suggested that the 
FAA not require this. The FAA agrees with the commenters' concerns and 
notes that the proposed rule permitted pilots to carry either their 
logbooks or documented proof of all required endorsements on all 
flights. See the discussion of proposed SFAR No. 89 section 67 in the 
NPRM for a complete discussion on what the FAA intended by ``documented 
proof.'' In the final rule, the FAA is changing the words ``documented 
proof of all required endorsements'' to ``other evidence of required 
authorized instructor endorsements.'' This language more closely 
corresponds to language contained in current Sec.  61.51(i). In 
addition, the FAA is not adopting the sentence in the NPRM that read, 
``Documented proof includes a photocopy of the logbook endorsements or 
a pre-printed form that includes the endorsements.'' Instead, the FAA 
will issue guidance material that will provide examples of what 
documents will be considered acceptable as evidence.
Changes
    The provisions of proposed SFAR No. 89 sections 67, 131, 171, 173, 
and 175 are transferred to Sec.  61.51 with the following changes. The 
words ``documented proof of all required endorsements'' are changed to 
``other evidence of required authorized instructor endorsements.'' In 
addition, the FAA is not adopting the sentence in proposed section 67 
that would have described the kinds of documents that would have been 
accepted as documented proof.

Section 61.52 Use of Aeronautical Experience Obtained in Ultralight 
Vehicles (Proposed SFAR No. 89 Sections 135, 153, 175, 177, and 179)

    The proposed requirements in SFAR No. 89 sections 135, 153, 175, 
177 and 179 for using aeronautical experience obtained in ultralight 
vehicles (to include two-seat ultralight trainers) and for logging 
aeronautical experience to meet the requirements for a sport pilot 
certificate or for a flight instructor certificate with a sport pilot 
rating are moved to new Sec.  61.52.
    The FAA received one comment that stated that the agency should not 
allow the crediting of ultralight flight time towards higher 
certificate levels. That commenter, however, provided no justification 
to support this comment. The FAA does not agree with this commenter, 
and the final rule will permit aeronautical experience obtained in an 
ultralight vehicle to be credited towards a sport pilot certificate, a 
flight instructor certificate with a sport pilot rating, and a private 
pilot certificate with a weight-shift-control or powered parachute 
category rating. It will also permit aeronautical experience obtained 
in a two-seat ultralight trainer to be credited toward these 
certificates and ratings.
    The FAA received many other comments that suggested the FAA should 
allow crediting of flight time towards other certificate levels and 
additional privileges. The FAA partially agrees with these commenters 
and is changing the final rule to allow crediting of ultralight 
aeronautical experience not only toward a sport pilot certificate, as 
proposed in the NPRM, but also toward a flight instructor certificate 
with a sport pilot rating, and a private pilot certificate with a 
weight-shift-control or powered parachute category rating. This will 
allow individuals who have gained experience in ultralight vehicles 
while operating with an FAA-recognized ultralight organization to 
receive credit for that experience.
    In the NPRM, the FAA allowed crediting of ultralight experience to 
meet the requirement that, before providing flight training, a flight 
instructor with a sport pilot rating must log at least 5 hours of 
flight time in the make and model of light-sport aircraft in which 
flight training is to be conducted. The FAA is now establishing the 
provisions to credit this experience to meet the requirements of Sec.  
61.415(e) in Sec.  61.52(b).
    In addition, the FAA is also now allowing crediting of ultralight 
experience to qualify for glider or unpowered ultralight towing under 
Sec.  61.69. The experience must be properly documented. This section 
permits the experience gained in an ultralight vehicle to be credited 
only toward a certificate, rating, or privilege when that experience 
was obtained in a category and class of vehicle corresponding to the 
rating or privileges sought. It does not allow crediting of time toward 
private pilot privileges other than weight-shift-control and powered 
parachute.
    Many commenters suggested that the FAA allow sport pilots to 
conduct towing operations. The FAA believes that this privilege should 
be limited to individuals with at least a private pilot certificate. 
This portion of the rule remains unchanged.
    The FAA recognizes that towing of light-sport aircraft is done 
almost exclusively by weight-shift-control and fixed-wing ultralights. 
Larger aircraft are not used because of the speed differential between 
the towing aircraft and the aircraft being towed. The FAA also 
recognizes that limiting towing to pilots with a private pilot 
certificate or higher may inhibit towing operations. This rule provides 
partial relief because of the ability of current weight-shift-control 
and powered parachute pilots to credit their time in ultralight 
vehicles toward the new categories of private pilot certificates. 
Further, such pilots will be able to credit their time towards that 
needed to qualify for towing under Sec.  61.69 in accordance with Sec.  
61.52.
    The FAA has considered allowing the same sort of credit for fixed-
wing ultralight pilots to meet the requirements of a private pilot 
certificate with aircraft category ratings. However, this crediting was 
viewed as a significant change to the aeronautical experience 
requirements for this certificate. The FAA considered such a change 
outside the scope of the original proposal and significant enough to 
justify full public notice and comment. The FAA expects to address this 
issue in a separate future rulemaking and may favorably consider 
exemptions to this rule. See also the more detailed discussion of 
towing by persons with at least a private pilot certificate under Sec.  
61.69.
    Under new Sec.  61.52, the FAA will allow experience obtained in 
ultralight vehicles to meet the requirements of Sec.  61.69. Much of 
this experience has been gained under an exemption that has been 
managed successfully by the USHGA for the last 20 years. Crediting of 
this experience will allow most

[[Page 44832]]

ultralight pilots currently conducting towing operations in weight-
shift-control ultralights under that exemption to meet most of the 
minimum requirements for a private pilot certificate with a weight-
shift-control aircraft category rating and the additional towing 
experience requirements under Sec.  61.69. Additionally, those who hold 
at least a private pilot certificate will be eligible to credit their 
ultralight towing experience in a weight-shift-control ultralight 
vehicle towards the towing experience requirements of Sec.  61.69. For 
more information on crediting flight time obtained in ultralight 
vehicles, refer to the discussion of Sec.  61.329.
Changes
    The proposed requirements in SFAR No. 89 sections 135, 153, 175, 
177, and 179 are moved to new Sec.  61.52 with the following change.
    In paragraph (a)(3), language is added to establish that a person 
may use aeronautical experience obtained in an ultralight vehicle to 
meet the requirements for a private pilot certificate with a weight-
shift-control or powered parachute category rating.

Section 61.53 Prohibition on Operations During Medical Deficiency 
(Proposed as SFAR No. 89 Section 17)

    The FAA received numerous comments on the topic of medical 
provisions. For a complete discussion of the comments and the FAA's 
responses, see ``V.5.A.ii. Medical Provisions.''
Changes
    The applicable medical provisions proposed in SFAR No. 89 section 
17 are transferred to Sec.  61.53(c) without substantive change.

Section 61.63 Additional Aircraft Ratings (Other Than on an Airplane 
Transport Pilot Certificate)

    The FAA is adding a new paragraph (k) to Sec.  61.63 to assist 
pilots currently operating under Sec.  61.31(k)(2)(iii) without a 
category and class rating to comply with the new provisions of that 
paragraph. The revision to Sec.  61.31(k)(2)(iii) and (k)(2)(vi) 
require a category and class rating for the holder of a recreational 
pilot certificate or higher when that pilot operates an aircraft with 
an experimental certificate and carries a passenger. To receive a 
category and class rating to operate these aircraft, a person must log 
at least 5 hours of flight time while acting as pilot in command in the 
same category, class, make, and model of experimental aircraft and 
receive an appropriate endorsement. Other aeronautical knowledge, 
flight proficiency, and aeronautical experience requirements for the 
issuance of the rating do not apply. This flight time must be logged 
between September 1, 2004 and August 31, 2005. Similar provisions are 
enacted for persons holding airline transport pilot certificates in 
Sec.  61.165(f). A pilot who meets these requirements will be issued an 
appropriate category and class rating limited to a specific make and 
model of experimental aircraft. See the discussion of Sec.  61.31.
Changes
    Existing paragraph (k) is redesignated as (l), and a new paragraph 
(k), Category class ratings for the operation of aircraft with 
experimental certificates, is added for certificated pilots holding a 
recreational pilot certificate or higher who do not have a category and 
class rating to operate a specific make and model of experimental 
aircraft. They may apply for a category and class rating limited to a 
specific make and model of experimental aircraft.

Section 61.69 Glider and Unpowered Ultralight Vehicle Towing

    One of the most common issues addressed by commenters was the 
towing of hang gliders, paragliders, and gliders by either ultralight 
vehicles or light-sport aircraft. Of the approximately 4,700 comments 
received, 691 related to eliminating exemptions from Sec. Sec.  91.309 
and 103.1(b). These exemptions allow ultralight pilots to use 
ultralight vehicles to tow hang gliders. In addition, 607 comments 
related to proposed SFAR No. 89 section 73 (b)(12), which would have 
prohibited the towing of any object, including a hang glider, 
paraglider, or glider towing by a light-sport aircraft. The vast 
majority of these commenters opposed the proposed rule.
    Most commenters stated that the proposed rule would adversely 
affect the safety of training in unpowered ultralights, such as hang 
gliders and paragliders. Without the availability of hang glider and 
paraglider towing by ultralights, most commenters noted that the only 
way to learn to fly a hang glider or paraglider is to perform a foot 
launch from an elevated location. Many commenters also noted that these 
flights usually would be conducted without an instructor, unlike 
flights in which towing is involved. Therefore, many commenters argued, 
that without the benefits of being towed by an ultralight and the 
ability to receive tandem instruction while airborne, few people would 
endeavor to learn how to fly hang gliders or paragliders. These 
commenters stated that the proposed rule would have a crippling 
economic effect on hang glider and paraglider training.
    Similarly, many commenters noted that prohibiting hang glider and 
paraglider towing by ultralights would eliminate the sport of hang 
gliding and paragliding in areas of the country without elevated 
terrain. In areas with a relatively flat topography, such as Florida, 
towing by ultralights is the only means of launching a hang glider or 
paraglider. Many commenters who are hang glider and paraglider 
instructors and ultralight tow pilots in Florida were concerned that 
the proposed rule would permanently curtail their operations.
    Many commenters noted that hang glider and paragliding towing by 
ultralights has contributed to the growth of the sport, and that the 
proposed rule would jeopardize the future of the sport. They also noted 
that eliminating hang glider and paraglider towing by ultralights would 
prohibit the display of hang gliders and paragliders at airshows, where 
foot launches usually cannot be accomplished. Commenters added that 
this would further reduce the exposure of the sport and limit its 
growth potential.
    The FAA agrees with the commenters' suggestions that light-sport 
aircraft should be permitted to be used for towing operations. The FAA 
recognizes that towing operations have been conducted safely for over 
20 years using ultralight-like aircraft, which now will be certificated 
as light-sport aircraft. These same aircraft have been operated safely 
under an exemption from Sec. Sec.  91.309 and 103.1(b) held by the 
USHGA since 1984.
    The existing fleet of ultralights conducting towing operations 
consists of fixed-wing ultralight-like aircraft, which the industry 
refers to as ``tugs,'' and weight-shift-control aircraft, both of which 
are specifically designed and equipped to withstand the load of towing 
hang gliders, gliders, and paragliders. These aircraft must meet the 
requirements of Sec.  91.309. The FAA will issue additional guidance 
material to ensure that the aircraft are designed, equipped, and 
maintained, and operated safely. The FAA has not limited the period 
during which the small existing fleet of experimental light-sport 
aircraft that will be used for this purpose. These aircraft may be used 
for towing unless the FAA issues an operating limitation prohibiting 
this activity.
    Newly manufactured aircraft issued a special airworthiness 
certificate in the light-sport category that will be used for towing 
will be designed and manufactured to meet criteria established in the 
consensus standard. If

[[Page 44833]]

the FAA determines that the aircraft was not manufactured in accordance 
with a consensus standard that identifies aircraft requirements for 
towing, the aircraft will be issued an operating limitation prohibiting 
the conduct of towing operations. The FAA will not authorize 
experimental light-sport kit aircraft to be used to conduct these types 
of operations. When an experimental or a special light-sport aircraft 
is used in towing operations for compensation or hire, these aircraft 
must also meet the 100-hour condition inspection requirement 
established for experimental and special light-sport aircraft in 
Sec. Sec.  91.319(g) and 91.327(c), respectively.
    While a substantial number of commenters suggested that sport and 
recreational pilots be allowed to conduct towing operations for 
compensation or hire, the FAA maintains that only private pilots or 
higher should be permitted to conduct these types of operations. Under 
Sec.  61.69, only a private pilot or higher can tow a glider and is 
authorized to conduct towing operations for compensation or hire under 
Sec.  61.113. The FAA is revising the final rule to allow ultralight 
vehicle pilots, qualified under an FAA-recognized ultralight 
organization, to credit experience under Sec.  61.52 towards a private 
pilot certificate and towards the experience requirements of Sec.  
61.69. With the addition of a rating at the private pilot certificate 
level for weight-shift-control aircraft, the regulations will now 
accommodate these types of aircraft that will be used for towing 
operations under this new regulatory framework.
    The FAA notes that for towing operations that are not conducted for 
compensation or hire, a pilot is still required to meet the minimum 
requirements established in Sec.  61.69. Therefore, the FAA does not 
believe it is necessary to allow a sport or recreational pilot to 
conduct towing operations.
    See discussions under Sec. Sec.  61.113, 91.319, and 91.327 for 
more information on changes made regarding private pilots using powered 
ultralight vehicles to tow.
Changes
    Section 61.69 is revised to permit towing of unpowered ultralight 
vehicles by holders of at least a private pilot certificate. In 
addition, all references to ``gliders'' are changed to ``gliders or 
unpowered ultralight vehicles.''

Section 61.87 Solo Requirements for Student Pilots (Proposed as SFAR 
No. 89 Section 33(a), (b), and (c))

    Under section 33 of SFAR No. 89, the FAA proposed solo and solo-
cross country requirements for student pilots operating light-sport 
aircraft. In the final rule, the pre-solo flight training provisions 
are located in Sec.  61.87. Also, the FAA has moved the cross-country 
flight training requirements for student pilots seeking a sport pilot 
certificate with privileges in a weight-shift-control aircraft and a 
powered parachute to Sec.  61.93. Student pilots, student pilots 
seeking a sport pilot certificate, and other pilots seeking privileges 
or a rating in a weight-shift-control aircraft or a powered parachute 
will be trained to the same standard prior to conducting solo or solo 
cross-country flight operations. This is consistent with the solo and 
solo cross-country flight-training requirements for all student pilots 
training in other categories of aircraft.
    After considering the comments and becoming familiar with powered 
parachutes during the development of the practical test standards, the 
FAA recognizes that the requirements for student pilots training on 
meta-stable stalls and partial canopy collapses should be revised.
    In addition, to specify that the maneuvers and procedures for pre-
solo flight training listed in this section also apply to student 
pilots seeking sport pilot privileges in single-engine airplanes, 
gyroplanes, gliders, airships, and balloons, the FAA is adding the 
words ``or privileges'' after the word ``rating'' in the introductory 
text of paragraphs (d), (g), (i), (j), and (k).
    For a complete discussion on specific changes to training and 
proficiency requirements please refer to ``V.5.A.iii. Flight Training 
and Proficiency Requirements.''
Changes
    The proposed provisions of SFAR No. 89 section 33(a), (b), and (c) 
are transferred to new paragraphs (l) and (m) of Sec.  61.87. The 
provisions are modified to remove the powered parachute pre-solo flight 
training requirements pertaining to recovery from partial canopy 
collapse, meta-stable stalls and avoidance.
    In addition, the words ``or privileges'' are added after the word 
``rating'' in the introductory text of paragraphs (d), (g), (i), (j), 
and (k).

Section 61.89 General Limitations (Proposed as SFAR No. 89 Section 35)

    The proposed general limitations in SFAR No. 89 section 35 for 
student pilots seeking a sport pilot certificate are moved to Sec.  
61.89.
    Proposed section 35(e) of SFAR No. 89 would have limited the 
maximum speed a student pilot could operate a light-sport aircraft to 
87 knots CAS. There were many comments on this issue, and they 
criticized the proposed requirement as not being in the interest of 
safety and being unnecessarily restrictive of the manner in which a 
student pilot can learn to fly a light-sport aircraft. Nearly all of 
the commenters disagreed with the need for such a limit, and many 
commenters suggested that stall speed has a far greater impact on 
safety than maximum speed. One commenter noted that this section would 
require instructor pilots to use two sets of aircraft for instruction, 
thus increasing the cost of training. Several commenters suggested that 
it is safer for a student to train in the same aircraft he or she will 
later fly.
    The FAA agrees with commenters and is eliminating this limitation. 
Each student pilot must have a specific make and model endorsement on 
his or her student pilot certificate authorizing solo flight, 
appropriate to the aircraft being operated. For each category, class, 
and make and model of light-sport aircraft a student pilot operates 
that exceeds 87 knots CAS, he or she will get additional training. 
Therefore, imposing a speed limit of 87 knots CAS on student pilot 
seeking a sport pilot certificate is unnecessary. The FAA is 
identifying the specific limitations that only apply to a student pilot 
seeking a sport pilot certificate in paragraph (c) of Sec.  61.89. All 
other limitations on student pilots are noted in current paragraphs (a) 
and (b) of Sec.  61.89. These limitations also apply to student pilots 
seeking a sport pilot certificate.
    New paragraph (c) of Sec.  61.89 identifies those restrictive 
privileges and limitations that distinguish a student pilot seeking a 
sport pilot certificate from other student pilots. This paragraph 
specifies that a student pilot seeking a sport pilot certificate may 
fly only a light-sport aircraft and is prohibited from flying at night 
and above 10,000 feet MSL. The paragraph also restricts the classes of 
airspace and types of airports a sport pilot seeking a sport pilot 
certificate may use without receiving additional training and an 
endorsement. Training for a sport pilot certificate does not include 
training for operating in Class B, C, and D airspace and airports, and 
in other airspace and airports with operational control towers because, 
unlike other student pilots, sport pilots do not have those additional 
privileges. These are additional privileges that are granted with the

[[Page 44834]]

appropriate additional training and endorsements established in Sec.  
61.94 for student pilots seeking a sport pilot certificate and in Sec.  
61.325 for a sport pilot.
    For a complete discussion of changes made to training and 
proficiency requirements, refer to ``V.5.A.iii. Flight Training and 
Proficiency Requirements.''
Changes
    The FAA is transferring the provisions of proposed SFAR No. 89 
section 35 to new paragraph (c) of Sec.  61.89. Other limitations from 
SFAR No. 89 section 35 are found in paragraphs (a) and (b) of the 
existing rule. Also, the 87-knot CAS speed restriction on student 
pilots seeking a sport pilot certificate is removed from the final 
rule.

Section 61.93 Solo Cross-Country Flight Requirements (Proposed as SFAR 
No. 89 Section 33(d), (e), and (f))

    Under section 33 of SFAR No. 89, the FAA proposed solo and solo 
cross-country flight training requirements for student pilots. In the 
final rule, the solo cross-country flight training provisions are 
located under Sec.  61.93. By moving the solo cross-country flight 
training requirements into the existing sections of part 61, both sport 
pilots and private pilots seeking either privileges or a rating in a 
weight-shift-control aircraft or a powered-parachute will be trained to 
the same standard prior to conducting solo cross-country operations. 
This is consistent with the solo cross-country flight training 
requirements for all other categories of aircraft.
    After considering the comments and becoming familiar with powered 
parachute and weight-shift-control aircraft during the development of 
the practical test standards, the FAA recognized that dead reckoning 
should require the aid of a magnetic compass, although one is still not 
required for pilotage. The FAA is therefore adding the words ``as 
appropriate'' to paragraph (l) to allow latitude in determining when 
this requirement must be met.
    Upon further consideration, the FAA realizes it should have 
included different solo cross-country training requirements for weight-
shift-control aircraft and powered parachutes that were consistent with 
the solo cross-country flight training requirements for all other 
categories of light-sport aircraft. When the FAA began incorporating 
these requirements into the section, the agency determined that the 
solo cross-country flight training requirements for operations in a 
weight-shift-control aircraft for takeoff, approach, and landing 
procedures, including crosswind approaches and landings was not 
addressed in the NPRM. Therefore, these provisions are added to 
paragraph (m) of Sec.  61.93. In addition, a new solo cross-country 
flight training requirement for takeoff, approach, and landing 
procedures in a powered parachute (without a requirement for crosswind 
approaches and landings) is added to paragraph (l) of Sec.  61.93. The 
crosswind takeoff and landing requirements were not addressed in this 
section because powered parachutes are not designed for crosswind 
takeoffs and landings.
    For a complete discussion on specific changes to training and 
proficiency requirements please refer to ``V.5.A.iii. Flight Training 
and Proficiency Requirements.''
Changes
    The proposed provisions of SFAR No. 89 section 33(d), (e), and (f) 
are transferred to paragraphs (l) and (m) of Sec.  61.93 with the 
following changes. The requirement for training with the aid of a 
magnetic compass has been revised, and the words ``as appropriate'' are 
added to (l)(1) and (m)(1).
    In paragraph (l)(11), a provision for takeoff, approach, and 
landing procedures is added.
    In paragraph (m)(11), a provision for takeoff, approach, and 
landing procedures, including crosswind approaches and landings, is 
added.

Section 61.94 Student Pilot Seeking a Sport Pilot Certificate or a 
Recreational Pilot Certificate: Operations at Airports Within, and in 
Airspace Located Within, Class B, C, and D Airspace, or at Airports 
With an Operational Control Tower in Other Airspace (Proposed as SFAR 
No. 89 Section 37)

    The FAA is adopting this section with minor wording changes. The 
FAA recognizes that operational control towers may be located in other 
than Class B, C, or D airspace. To ensure that a student pilot seeking 
a sport pilot certificate or a recreational pilot has adequate training 
to safely operate within such airspace and at airports located within 
that airspace, the FAA is adding language to require that the training 
specified within Sec.  61.94 be completed before such operations are 
conducted.
    To facilitate changes made to Sec.  61.101, which permit 
recreational pilots with sufficient training to operate in Class B, C, 
and D airspace, at an airport located in Class B, C, or D airspace, or 
to, from, through, or at an airport having an operational control 
tower, the requirements of Sec.  61.94 will also apply to recreational 
pilots. Although the requirements of Sec.  61.94 are more stringent 
than those found in Sec.  61.95, the requirements to permit the conduct 
of operations in Class B airspace are equivalent for pilots affected by 
either section. For complete discussion of changes made to this 
section, see ``V.5.A.v. Changes to Airspace Restrictions.''
Changes
    The proposed provisions of SFAR No. 89 section 37 are transferred 
to new Sec.  61.94 with the words ``to, from, through, or at an airport 
having an operational control tower'' added, and with other minor 
wording changes. In addition, the heading and paragraph (a) are revised 
to include the words ``or recreational pilot.''

Section 61.95 Operations in Class B Airspace and at Airports Located 
Within Class B Airspace

    The FAA did not propose to amend Sec.  61.95; however, the FAA is 
amending this section to exclude a student pilot seeking a sport pilot 
certificate or a recreational pilot certificate. New Sec.  61.94 is 
added that contains requirements for a student pilot seeking a sport 
pilot certificate or a recreational pilot certificate wishing to obtain 
privileges to operate in Class B airspace or at an airport located in 
Class B airspace. See discussion under ``V.5.A.v. Changes to Airspace 
Restrictions.''
Changes
    Paragraph (c) is added to Sec.  61.95 to provide that the section 
does not apply to a student pilot seeking a sport pilot certificate or 
a recreational pilot certificate.

Section 61.99 Aeronautical Experience

    The FAA did not receive any comments on this section.
Changes
    The proposed amendment is adopted without change.

Section 61.101 Recreational Pilot Privileges and Limits

    There were several comments requesting that the FAA expand the 
privileges for holders of a recreational pilot certificate. Most of 
these comments suggested expanding the distance recreational pilots may 
fly without meeting the requirement of Sec.  61.101 (c) and allowing 
recreational pilots to meet the same medical certification requirements 
as sport pilots.
    Several commenters favored extending proposed sport pilot medical 
provisions to holders of higher-level

[[Page 44835]]

pilot certificates. These commenters contended that the same reasoning 
and justification proposed for sport pilots should apply to other 
pilots. They noted that recreational pilots are subject to many of the 
same operating limitations as sport pilots. These include limits on 
carrying passengers, use of other than fixed-gear aircraft, and 
prohibitions on flight between sunrise and sunset, and when flight or 
surface visibility is less than 3 statue miles. Therefore, the 
commenters believe recreational pilots should not be subject to current 
medical requirements that are more stringent than those for sport 
pilots. They suggested that the FAA review sport pilot data over time 
and consider allowing recreational pilots to meet the sport pilot 
medical requirements that are adopted under this rule.
    The FAA did not consider expanding the applicability of the 
proposed sport pilot medical requirements in this rulemaking action, 
nor would it be within the scope of this action to do so. The FAA 
agrees with commenters that the agency must gain experience with sport 
pilot medical requirements, but the FAA will not consider extending 
these provisions beyond sport pilots and will not grant any petitions 
for exemption or rulemaking requesting that it do so at this time.
    The FAA notes that it is not within the scope of this rulemaking to 
make substantive changes to the privileges of a recreational pilot, 
except where such changes are necessary to maintain consistency with 
the privileges for sport pilots provided under the final rule. The FAA 
also notes that, because recreational pilots are permitted to operate 
larger aircraft, the training requirements for recreational pilots are 
more extensive than for sport pilots.
    Specifically, commenters suggested allowing recreational pilots to 
demonstrate aircraft to prospective buyers, as is allowed for sport 
pilots who are not aircraft salespersons. The FAA agrees and is adding 
a provision permitting holders of a recreational pilot certificate to 
demonstrate aircraft to prospective buyers, provided the recreational 
pilot is not an aircraft salesperson. For a discussion of the privilege 
of demonstrating aircraft to prospective buyers, please refer to 
``V.5.A.viii. Demonstration of Aircraft to Prospective Buyers.'' In 
addition, several commenters suggested that recreational pilots be 
allowed to conduct towing operations. The FAA still maintains that only 
a pilot with at least a private pilot certificate should be authorized 
to conduct towing operations. For a discussion of comments suggesting 
that the privilege of conducting towing operations be added to 
recreational pilot certificate, see the discussion of Sec.  61.69.
    Finally, many commenters suggested that recreational pilot be 
allowed to exercise the privileges of sport pilots. The FAA is revising 
the final rule under Sec.  61.303 to allow a recreational pilot to 
exercise sport pilot privileges if he or she has received the cross-
country training required in Sec.  61.101(c) and holds any other 
endorsements required by subpart J of part 61. The cross-country 
training required in Sec.  61.101(c) will provide a recreational pilot 
with at least the same minimum cross-country training that a sport 
pilot must meet to be eligible for this certificate. For a discussion 
of the changes related to this, see Sec.  61.303.
    When drafting the NPRM, the FAA did not establish aeronautical 
knowledge, flight proficiency, and aeronautical experience requirements 
for recreational pilots to obtain category and class ratings in powered 
parachutes and weight-shift-control aircraft. The proposal, however, 
did not revise Sec.  61.101(d)(2) to prohibit recreational pilots from 
acting as pilot in command of these aircraft. As the FAA will not issue 
ratings for recreational pilots to operate these aircraft, the FAA is 
adding a limitation to Sec.  61.101(d)(2) to specifically prohibit 
recreational pilots from acting as pilot in command of a powered 
parachute or a weight-shift-control aircraft.
    In drafting the NPRM, the FAA did not consider the fact that 
operational control towers may, on occasion, be located in Class G or E 
airspace. To address this omission and therefore require a recreational 
pilot to receive appropriate training prior to conducting operations at 
an airport that has an operational control tower in Class G or E 
airspace, the FAA is revising paragraphs (d) and (e)(7) to add the 
words ``to, from, through, or at an airport having an operational 
control tower.'' For a discussion of the changes related to operations 
in Class B, C, and D airspace, see ``V.5.A.v. Changes to Airspace 
Restrictions.''
Changes
    In the final rule, paragraph (e)(2) is revised to prohibit 
recreational pilots from operating powered parachutes and weight-shift-
control aircraft.
    In addition, paragraph (e)(12) is added to permit holders of a 
recreational pilot certificate to demonstrate aircraft to prospective 
buyers, provided the recreational pilot is not an aircraft salesperson.
    Finally, the FAA is revising paragraphs (d) and (e)(7) to add the 
words ``to, from, through, or at an airport having an operational 
control tower.''

Section 61.107 Flight Proficiency

    As discussed in Sec.  61.5 above, based on several comments, the 
FAA is adding a powered parachute--sea rating. Therefore, the FAA is 
changing Sec.  61.107 to establish the appropriate flight proficiency 
training necessary for seaplane base operations.
    In addition, the FAA is removing proposed paragraph (b)(9)(viii), 
which would have required a person to receive and log ground and flight 
training in slow flight and stalls for a powered parachute rating. See 
discussion under ``V.5.A.iii. Flight Training and Proficiency 
Requirements.''
Changes
    In the final rule, paragraph (b)(9)(iii) is changed to require 
flight proficiency training in seaplane base operations for a powered 
parachute--sea rating. In addition, proposed paragraph (b)(9)(viii) is 
not adopted, and paragraphs (ix) through (xi) are redesignated as 
(viii) through (x) respectively.

Section 61.109 Aeronautical Experience

    Several commenters noted that powered parachutes are not properly 
equipped to engage in operations at night. These commenters suggested 
that the requirement for night flight training be eliminated. The FAA 
agreed with these commenters and although the FAA will not remove the 
requirement for this training, the final rule will provide for a new 
exception to this training requirement in Sec.  61.110. This exception 
will permit a person who does not receive the required night training 
to be issued a certificate with a night flying limitation. See Sec.  
61.110 for a discussion of night flying exceptions.
    A few commenters also suggested that, given the slow speeds at 
which powered parachutes travel, the cross-country training distances 
required under the proposed rule would be excessive. The commenters 
also suggested that the flight proficiency requirements should more 
closely parallel glider and balloon training. The FAA agrees and 
therefore is making changes in the final rule to address these 
comments. For a complete discussion on specific changes to training and 
proficiency requirements refer to ``V.5.A.iii. Flight Training and 
Proficiency Requirements.''
    The FAA notes that in the NPRM, in proposed paragraph (i), in the 
aeronautical experience table describing the training necessary for a 
weight-shift-

[[Page 44836]]

control rating, a paragraph was incorrectly formatted, therefore making 
the table misleading. Under the list of items included under ``(iv) Ten 
hours solo flight time in a weight-shift-control aircraft consisting of 
at least--,'' the requirement for three takeoffs and landings (with 
each landing involving a flight in the traffic pattern) at an airport 
with an operating control tower should have been designated as ``(C)'' 
in the list, rather than as a separate paragraph ``(v).'' In the final 
rule, the FAA is correctly designating that list to indicate that the 
requirement for three takeoffs and landings in a weight-shift-control 
aircraft at an airport with an operating control tower must be 
accomplished as solo flight.
Changes
    The FAA is reformatting proposed paragraph (i) and adopting it with 
the following changes for a powered parachute rating:
    The total flight time requirement is reduced from 40 hours to 25 
hours in a powered parachute.
    The requirement for total flight training with an authorized 
instructor is reduced from 20 to 10 hours, and an additional 
requirement for 30 takeoffs and landings with an authorized instructor 
is being added.
    The requirement for 10 hours of solo flight training is not being 
changed, but the solo takeoff and landing requirement is increased from 
10 to 20.
    A reference to the night flying exceptions specified in Sec.  
61.110 is included in the night flight training requirements, and the 
requirement to conduct one night cross-country flight over 25 NM total 
distance is removed.
    The 3-hour solo cross-country requirement is reduced to 1 hour, and 
the solo cross-country flight distance requirement is reduced from 50 
NM to 25 NM.
    In addition, requirements for a weight-shift-control rating are 
moved to new paragraph (j).
    In paragraph (j), for weight-shift-control aircraft, the FAA is 
reducing the night cross-country flight requirement for a private pilot 
certificate from 100 NM to a required distance of at least 75 nautical 
miles, and the requirement for a solo cross-country flight from 150 
nautical miles to 100 NM. Additionally, the FAA is revising the 
proposal to clarify that the requirement for three takeoffs and 
landings in a weight-shift-control aircraft at an airport with an 
operating control tower must be accomplished as solo flight.

Section 61.110 Night Flying Exceptions

    The FAA did not propose to amend Sec.  61.110, however, the FAA 
received many comments suggesting that a private pilot who wants to 
obtain a weight-shift-control, powered parachute, or gyroplane rating 
should not be required to fly at night if the aircraft is not equipped 
for that operation, or the pilot chooses not to seek those privileges. 
Most aircraft in those three categories are not equipped with the 
aircraft instruments or lighting required under part 91 for night 
operations. Those aircraft are primarily suited for daytime operations 
under visual flight rules.
    The FAA is modifying Sec.  61.110 to permit a person seeking a 
private pilot certificate with a gyroplane, powered parachute, or 
weight-shift-control aircraft rating to obtain that rating without 
complying with the night flying requirements specified in Sec.  
61.109(d)(2), (i)(2), or (j)(2). A private pilot who does not complete 
these requirements for night operations will have a limitation placed 
on his or her pilot certificate stating ``night flying prohibited.'' 
This limitation can be removed at any time by a designated examiner or 
an FAA inspector when the pilot completes the night flying requirements 
established under the appropriate section of part 61.
Changes
    The FAA is adding paragraph (c) to Sec.  61.110 to permit a person 
who does not meet the night flying requirements in Sec.  61.109(d)(2), 
(i)(2), or (j)(2) to be issued a private pilot certificate with the 
limit ``Night flying prohibited.'' This limitation may be removed by an 
examiner if the holder complies with the requirements of Sec.  
61.109(d)(2), (i)(2), or (j)(2), as appropriate.

Section 61.113 Private Pilot Privileges and Limitations: Pilot in 
Command

    The FAA is revising Sec.  61.113(g) to allow a private pilot to act 
as pilot in command while towing an unpowered ultralight vehicle for 
compensation or hire. This change conforms to the revisions made to 
Sec.  61.69. For a discussion of those changes, see Sec.  61.69 above.
Changes
    Paragraph (g) is revised.

Section 61.165 Additional Aircraft Category and Class Ratings

    The FAA is adding a new paragraph (f) to Sec.  61.165 to assist 
airline transport pilots currently operating under Sec.  
61.31(k)(2)(iii) without a category and class rating to comply with the 
new provisions of that paragraph. The revision to Sec.  61.31 
(k)(2)(iii) requires a category and class rating for the holder of a 
pilot certificate when that pilot operates an aircraft with an 
experimental certificate and carries a passenger. To receive a category 
and class rating to operate these aircraft, a person must log at least 
5 hours of flight time while acting as pilot in command in the same 
category, class, make, and model of experimental aircraft and receive 
an appropriate endorsement. Other aeronautical knowledge, flight 
proficiency, and aeronautical experience requirements for the issuance 
of the rating do not apply. This flight time must be logged between 
September 1, 2004 and August 31, 2005. Similar provisions are enacted 
in Sec.  61.63(k) for persons holding other pilot certificates. An 
airline transport pilot who meets these requirements will be issued an 
appropriate category and class rating limited to a specific make and 
model of experimental aircraft. See the discussion of Sec.  61.31.
Changes
    A new paragraph (f), Category class ratings for the operation of 
aircraft with experimental certificates, is added for airline transport 
pilots who do not have a category and class rating to operate the 
experimental aircraft. They may apply for a category and class rating 
limited to a specific make and model of experimental aircraft.

Subpart H--Flight Instructors Other Than Flight Instructors With a 
Sport Pilot Rating

    The FAA is revising the heading of subpart H to include the words 
``other than flight instructors with a sport pilot rating.'' Because of 
the unique requirements that apply to flight instructors with a sport 
pilot rating, the FAA is placing those requirements into a new subpart 
K, rather than into existing subpart H.
Changes
    The heading for subpart H is revised.

Section 61.181 Applicability

    In the final rule, the FAA is revising Sec.  61.181 to make the 
applicability of the section consistent with the newly revised subpart 
H heading (discussed above).
Changes
    Section 61.181 is revised to add the words ``except for flight 
instructor certificates with a sport pilot rating.''

[[Page 44837]]

Section 61.213 Eligibility Requirements (Proposed as SFAR No. 89 
Sections 211 and 213)

    The FAA did not receive any comments on sections 211 and 213 of 
proposed SFAR No. 89. The provisions are therefore transferred to Sec.  
61.213 without substantive change.
Changes
    Paragraphs (a)(4)(i) and (a)(4)(ii) are revised to include the 
requirements of sections 211 and 213 of proposed SFAR No. 89.

Section 61.215 Ground Instructor Privileges (Proposed as SFAR No. 89 
Section 215)

    The FAA did not receive any comments on sections 215 of proposed 
SFAR No. 89. The provisions are therefore transferred to Sec.  61.215 
without substantive change.
Changes
    Paragraph (a) is revised to include the requirements of section 215 
of proposed SFAR No. 89.

Subpart J--Sport Pilots

    The FAA concluded that the certification rules pertaining to sport 
pilots merited their own subpart in part 61. The rules originally 
proposed in SFAR No. 89 pertaining to sport pilots are moved into 
subpart J. A table cross-referencing those sections of proposed SFAR 
No. 89 with corresponding sections of part 61 appears at the beginning 
of this section-by-section analysis for part 61.

Section 61.301 What Is the Purpose of This Subpart? (Proposed as SFAR 
No. 89 Section 1)

    The FAA did not receive any comments on section 1 of proposed SFAR 
No. 89. The provisions applicable to sport pilots and persons seeking 
to exercise sport pilot privileges are therefore transferred to Sec.  
61.301 without substantive change. Section 61.301 provides the user 
with an overview of the requirements prescribed in this subpart.
Changes
    The provisions of section 1 of proposed SFAR No. 89 applicable to 
sport pilots and persons seeking to exercise sport pilot privileges are 
transferred to Sec.  61.301 without substantive change.

Section 61.303 What Operating Limits and Endorsement Requirements of 
This Subpart Apply to My Operation of a Light-Sport Aircraft for the 
Certificates and Ratings I Hold? (Proposed as SFAR No. 89 Section 91)

    The FAA is adding Sec.  61.303 to clarify which operating limits 
and endorsement requirements apply to the operation of a light-sport 
aircraft, depending on the type of certificate or rating a pilot holds 
and the medical eligibility requirements the pilot meets.
    Many comments expressed confusion about the ability to exercise 
sport privileges while holding a higher-level pilot certificate. Many 
commenters also were not certain what privileges they could exercise 
based on their medical eligibility or what privileges they could 
exercise when operating a light-sport aircraft. To clarify the 
operating limits and endorsement requirements for pilots exercising 
sport pilot privileges, the FAA has included a table in Sec.  61.303.
    The FAA has revised the final rule to allow a recreational pilot 
who does not have an airman medical certificate to exercise sport pilot 
privileges if that person has received the cross-country training 
required in Sec.  61.101(c). Proposed SFAR No. 89 section 91 excluded 
recreational pilots from exercising sport pilot privileges because they 
did not have the cross-country training required for a sport pilot. The 
cross-country training required in Sec.  61.101(c) is equivalent to the 
cross-country requirements for sport pilots. See the discussion in 
Sec.  61.101 for more information.
    The FAA is not requiring a pilot who holds a recreational pilot 
certificate or higher who wants to exercise sport pilot privileges to 
have make and model training and a corresponding endorsement. See the 
discussion under ``V.5.A.iv. Make And Model Logbook Endorsements, and 
Sets of Aircraft.''
    In addition, the FAA is requiring persons who hold a recreational 
pilot certificate or higher but not a rating for the category and class 
of light-sport aircraft they seek to operate to comply with the 
limitations in Sec.  61.315, except paragraph (c)(14), and, if a 
private pilot or higher, paragraph (c)(7). Paragraph (c)(14) addresses 
aircraft that have a VH in excess of 87 knots CAS, and paragraph (c)(7) 
addresses requirements for training to operate in Class B, C, and D 
airspace, at an airport located in Class B, C, or D airspace, and to, 
from, through, or at an airport having an operational control tower. As 
these pilots have been trained to operate these aircraft and in these 
types of airspace, the FAA sees no need to require additional 
endorsements.
    Paragraph (b) is added to require that persons using a current and 
valid U.S. driver's license meet certain requirements. A person using a 
U.S. driver's license must comply with each restriction and limitation 
imposed by that license and any judicial or administrative order for 
the operation of a motor vehicle. Also, if a person has applied for an 
airman medical certificate, that person must have been found eligible 
for the issuance of at least a third-class airman medical certificate 
at the time of his or her most recent application. If a person has been 
issued an airman medical certificate, his or her most recently issued 
airman medical certificate must not have been suspended or revoked. If 
a person has been granted an Authorization, his or her most recent 
Authorization must not have been withdrawn. Further, a person must not 
know or have reason to know of any medical condition that would make 
him or her unable to operate a light-sport aircraft in a safe manner. 
See discussion under ``V.5.A.ii. Medical Provisions.''
Changes
    Section 61.303 is added to set forth operating limitations and 
endorsement requirements for persons seeking to operate light-sport 
aircraft. This new section is derived from the proposed provisions of 
SFAR No. 89 section 91. It provides a more detailed description, in a 
table, of the privileges a person may exercise based upon his or her 
medical eligibility and the certificates and endorsements he or she 
holds.
    In the final rule, the introductory text of paragraph (a) prohibits 
a recreational pilot from exercising sport pilot privileges unless that 
person has complied with the cross-country training requirements in 
Sec.  61.101(c).
    In addition, the proposed requirement in SFAR No. 89 section 91 
paragraph 2 for a person holding at least a private pilot's certificate 
and seeking to exercise sport pilot privileges is deleted. That 
provision would have required that person to receive specific training 
for any make and model of light-sport aircraft in which the person has 
not acted as pilot in command is deleted.
    The requirements in paragraphs (a)(1)(iii) and (a)(2)(iii) of the 
final rule reflect the exceptions to the endorsement requirements 
discussed above.
    In addition, paragraph (b) is added to indicate that a person using 
a current and valid U.S. driver's license must meet the applicable 
requirements specified in Sec.  61.23(c)(2).

[[Page 44838]]

Section 61.305 What Are the Age and Language Requirements for a Sport 
Pilot Certificate? (Proposed as SFAR No. 89 Section 3)

    Several commenters suggested lowering the age requirement for 
powered parachute pilots to be equivalent with the age requirements for 
the operation of gliders and balloons because of the simplicity of the 
aircraft. Other commenters suggested lowering the age to solo in all 
categories of light-sport aircraft. These commenters suggested that the 
minimum age requirement to solo in a light-sport aircraft be the same 
as the minimum age requirement to solo in a glider or a balloon. The 
commenters believed that the simple nature of light-sport aircraft 
justified such a change.
    The FAA disagrees with this suggestion. Balloon and glider pilots 
typically operate as part of an organized activity requiring other 
participants; therefore younger pilots are rarely operate these 
aircraft without some level of supervision. Pilots of powered 
parachutes and other categories of light-sport aircraft may frequently 
operate these aircraft without any support personnel or supervision by 
other more experienced pilots. The FAA contends that capabilities of 
these aircraft and the fact that they are frequently operated by a 
single pilot without direct supervision precludes the agency from 
lowering the age limit for solo operations in these aircraft.
Changes
    The provisions of section 3 of proposed SFAR No. 89 addressing the 
eligibility requirements for a sport pilot certificate are transferred 
to Sec.  61.305 without substantive change.

Section 61.307 What Tests Do I Have To Take To Obtain a Sport Pilot 
Certificate? (Proposed as SFAR No. 89 Section 57)

    The FAA received a few comments on the proposed provisions of this 
section. The commenters recommended that the practical tests be 
conducted in accordance with the procedures specified in current 
Sec. Sec.  61.43, 61.45, 61.47, and 61.49. By incorporating the 
provisions of proposed SFAR No. 89 into part 61, the procedures 
specified in those sections apply to practical and knowledge tests 
administered to sport pilot applicants.
    The commenters also recommended that the testing be conducted in 
accordance with FAA Order 8710.3, Pilot Examiner's Handbook. The FAA 
notes that all testing should be done in accordance with applicable FAA 
orders. Such a provisions would be inappropriate for inclusion in this 
rule.
    One commenter recommended that a student pilot be required to pass 
the knowledge test prior to being issued a student pilot certificate. 
This action was not proposed, and the FAA considers such an action to 
be outside the scope of this rulemaking.
    Another commenter recommended that the holder of a private pilot 
certificate or higher be exempt from taking a knowledge test addressing 
the subjects specified in proposed SFAR No. 89 section 51. The FAA 
notes that the holder of a private pilot certificate or higher is not 
required to take a test on the aeronautical knowledge areas specified 
in Sec.  61.309 to exercise the privileges of a sport pilot 
certificate.
    Two commenters recommended that applicants be permitted to take the 
practical test in a single-seat aircraft with the examiner observing 
the test from the ground. This comment is addressed in the discussion 
of Sec.  61.45.
Changes
    The provisions of section 57 of proposed SFAR No. 89 are 
transferred to Sec.  61.307 without substantive change.

Section 61.309 What Aeronautical Knowledge Must I Have To Apply for a 
Sport Pilot Certificate? (Proposed as SFAR No. 89 Section 51)

    The FAA received a few comments on the proposed provisions of this 
section.
    One commenter objected to requiring extensive training for pilots 
who will be permitted to fly ``fat'' ultralights. This comment, the 
removal of tumble entry and tumble avoidance technique training, and 
additional training in risk management are discussed under ``V.5.A.iii. 
Flight Training and Proficiency Requirements.''
    Another commenter suggested that training not be required in 
electronic navigation, while an additional commenter suggested that, if 
the FAA wishes to specifically mandate training in electronic 
navigation systems, the reference to navigation systems should refer to 
electronic navigation systems. The prevalence of electronic navigation 
systems in light-sport aircraft necessitates the aeronautical knowledge 
training be required in these systems. Although most navigation systems 
are electronic, the FAA has retained the generic reference to 
``navigation system.'' to conform to other requirements in part 61.
Changes
    The provisions of section 51 of proposed SFAR No. 89 are 
transferred to Sec.  61.309 with the following modifications.
    The words ``as appropriate'' are added to paragraph (d) regarding 
the use of aeronautical charts for VFR navigation using pilotage, dead 
reckoning, and navigation systems.
    In paragraph (j), the term ``if applicable'' is changed 
``applicable to airplanes and gliders'' to clarify that this 
requirement is only applicable to persons seeking privileges to operate 
those aircraft.
    The requirement in paragraph (k) of proposed SFAR No. 89 section 51 
for tumble entry and tumble avoidance technique training for weight-
shift-control aircraft category privileges is removed.
    The word ``judgment'' is replaced with the words ``risk 
management'' in new paragraph (k).

Section 61.311 What Flight Proficiency Requirements Must I Meet To 
Apply for a Sport Pilot Certificate? (Proposed as SFAR No. 89 Section 
53)

    Upon further consideration of the proposal, the FAA is revising 
ground and flight training requirements pertaining to slow flight and 
stalls. See discussion under ``V.5.A.iii. Flight Training and 
Proficiency Requirements.''
    In addition, the incorporation of proposed SFAR No. 89 into part 61 
necessitates the inclusion of an exception to the flight proficiency 
requirements of this section for registered pilots with FAA-recognized 
ultralight organizations. References to land and sea classes are also 
included for those categories of aircraft for which those classes 
exist.
Changes
    The provisions of section 53 of proposed SFAR No. 89 are 
transferred to Sec.  61.311, with changes.
    In the final rule, the section is revised to include an exception 
for persons who are registered pilots with an FAA-recognized ultralight 
organization and to refer to both land and sea classes for airplane, 
weight-shift-control, and powered parachute categories of light-sport 
aircraft.
    Proposed paragraph (i) is changed to no longer require applicants 
for sport pilot privileges in lighter-than-air aircraft and powered 
parachutes to receive and log slow flight training. It has also been 
changed to no longer require applicants for sport pilot privileges in 
powered parachutes to receive and log stall training. In addition, in 
the final rule, the training requirement for slow flight and stalls is 
split into separate paragraphs (i) and (j),

[[Page 44839]]

specifying those aircraft for which the training is not required.

Section 61.313 What Aeronautical Experience Must I Have To Apply for a 
Sport Pilot Certificate? (Proposed as SFAR No. 89 Section 55)

    See discussion under ``V.5.A.iii. Flight Training and Proficiency 
Requirements.''
Changes
    The provisions of section 55 of proposed SFAR No. 89 are 
transferred to Sec.  61.313, with the following changes.
    References to land and sea classes of aircraft are added to 
paragraphs (a), (g), and (f).
    References to a ``full-stop landing'' are revised to read ``full-
stop landing at a minimum of two points'' in paragraphs (a)(1)(iii), 
(d)(1)(iii), and (h)(1)(iii).
    In paragraph (b), the term ``solo flight time'' is changed to 
``solo flight training.''
    In paragraph (f), the aeronautical experience requirements for 
lighter-than-air category and balloon class privileges, are changed by 
deleting the requirement for one solo cross-country flight of at least 
25 NM.
    In paragraph (g), the aeronautical experience requirements for 
powered parachute category privileges, are changed as follows:
    The requirement for 20 hours total flight time is reduced to 12 
hours.
    The requirement for 15 hours of flight training is reduced to 10 
hours, which must include 20 takeoffs and landings to a full stop in a 
powered parachute with each landing involving flight in the traffic 
pattern at an airport.
    The requirement for 2 hours of cross-country flight training is 
reduced to 1 hour.
    The requirement for 5 hours of solo flight training is reduced to 2 
hours and must include 10 solo takeoffs and landings, and one solo 
flight with a 10-NM leg with a landing at a different airport in lieu 
of the requirement for one solo flight of 25 NM with one 15-NM leg.
    In paragraph (h), the aeronautical experience requirements for 
weight-shift-control aircraft category privileges, is changed by 
reducing the 75 NM solo cross-country requirement to 50 NM.

Section 61.315 What Are the Privileges and Limitations of My Sport 
Pilot Certificate? (Proposed as SFAR No. 89 Sections 73, 75, 77 and 79)

    A few commenters noted that, in many states, a U.S. driver's 
license may be revoked for failure to pay certain taxes, failure to pay 
child support, or other circumstances that do not pertain to flying 
ability. These commenters believed that a person's ability to obtain a 
driver's license may not be related to poor health. The FAA, however, 
maintains the position it took in the proposed rule, that all 
limitations imposed on a driver's license apply to the use of that 
license to establish medical eligibility for a sport pilot certificate.
    To further clarify its position on this issue, the FAA is adding 
the language in Sec.  61.315(c)(17) stating: ``* * * or any limit 
imposed by judicial or administrative order when using your driver's 
license to satisfy a requirement of this part.'' As stated in the 
proposed rule, it is the FAA's intent that, if an individual's driving 
privileges have been suspended, revoked, or restricted for any reason 
by an administrative or judicial body, those same limitations apply to 
the use of that individual's driver's license to establish medical 
eligibility for a sport pilot certificate, regardless of whether the 
terms of those limitations are printed on the individual's driver's 
license or other document, and regardless of whether the restrictions 
imposed were the result of an infraction unrelated to an individual's 
driving or flying ability. If an individual's driving privileges have 
been suspended, revoked, or in any way limited by a court or 
administrative order, the license holder may no longer use his or her 
driver's license to establish medical eligibility for a sport pilot 
certificate.
    A commenter proposed that sport pilots be limited to single-place 
aircraft, and a private pilot certificate be required to fly a two-
place aircraft. The FAA disagrees. The FAA believes that the training 
provided to a sport pilot is sufficient to permit that person to safely 
operate a simple, non-complex aircraft. The FAA believes that carrying 
a passenger does not increase the complexity of the aircraft to warrant 
the additional training required for a higher level certificate. One of 
the stated objectives of the sport pilot certificate is to permit, for 
personal use, the holder of such a certificate to operate a light-sport 
aircraft that has the capability of carrying only two occupants--the 
pilot and one passenger.
    The FAA is also adding language to Sec.  61.315(b)(7) to require 
additional training to operate in Class B, C, and D airspace. For a 
complete discussion of all issues related to operations in class B, C, 
and D airspace, refer to ``V.5.A.v. Changes to Airspace Restrictions.''
    Several commenters suggested that the FAA allow a sport pilot to 
conduct search and rescue operations and said that the aircraft now 
being certificated as light-sport aircraft would be well suited for 
that activity. Although the FAA agrees that these aircraft are well 
suited for the activity, it still believes that this activity should be 
conducted by at least a private pilot who has accomplished the 
additional training and testing requirements at that certificate level.
    For a discussion of demonstrating aircraft to prospective buyers, 
please refer to ``V.5.A.viii. Demonstration of Aircraft to Prospective 
Buyers.''
    For a discussion of comments received requesting towing privileges 
for sport and recreational pilots, see the discussion of Sec.  61.69 
above.
    Section 73 of proposed SFAR No. 89 stated that a sport pilot would 
be limited to sport and recreational flying only. Sport and 
recreational flying, however, was not specifically defined in the NPRM. 
That limitation is removed in the final rule and replaced with 
prohibitions against acting as pilot in command of a light-sport 
aircraft when carrying a passenger or property for compensation or 
hire, for compensation or hire, or in the furtherance of business. This 
change better describes those types of operations it intended to 
restrict when it proposed that a sport pilot would be limited to sport 
and recreational flying only.
    The authority to operate up to 2,000 AGL when above 10,000 feet MSL 
is removed. For further information on this change, see ``V.5.A.vi. 
Changes to Altitude Limitations.''
    Additionally, since light-sport aircraft operated by sport pilots 
are intended to be simple and non-complex, the FAA is adding a 
provision in paragraph (c)(19) to specifically prohibit a sport pilot 
from acting as a pilot flight crewmember on any aircraft for which more 
than one pilot is required by the type certificate of the aircraft or 
the regulations under which the flight is conducted. A similar 
provision currently exists in Sec.  61.101(e) for recreational pilots. 
The two exceptions contained in that paragraph, however, are not 
included in Sec.  61.315.
Changes
    The provisions of sections 73, 75, 77, and 79 of proposed SFAR No. 
89 are transferred to Sec.  61.315, with the following changes.
    In paragraph (c)(1), (c)(2), and (c)(3), prohibitions that a person 
may not act as pilot in command of a light-sport aircraft when carrying 
a passenger or property for compensation or hire, for compensation or 
hire, or in the furtherance of business are added. These provisions are 
added because the FAA is not including in the final rule the limitation 
on sport and recreational

[[Page 44840]]

flying proposed in SFAR No. 89 section 73 paragraph (a).
    In paragraph (c)(7), the words ``or to, from, through, or at an 
airport having an operational control tower'' are added.
    In paragraph (c)(11), the authority to operate up to 2,000 AGL when 
above 10,000 feet MSL is removed.
    In paragraph (c)(17), a provision is added to require a sport pilot 
to comply with any limit imposed by judicial or administrative order 
when using his or her U.S. driver's license to satisfy a requirement of 
part 61.
    Paragraph (c)(19) is added to prohibit a sport pilot from acting as 
a pilot flight crewmember on any aircraft for which more than one pilot 
is required by the type certificate of the aircraft or the regulations 
under which the flight is conducted.

Section 61.317 Is My Sport Pilot Certificate Issued With Aircraft 
Category and Class Ratings? (Proposed as SFAR No. 89 Section 59)

    The FAA did not receive any comments on section 59 of proposed SFAR 
No. 89.
Changes
    The provisions of section 59 of proposed SFAR No. 89 are 
transferred to Sec.  61.317 without substantive change.

Section 61.319 Can I Operate a Make and Model of Aircraft Other Than 
the Make and Model Aircraft for Which I Have Received an Endorsement? 
(Proposed as SFAR No. 89 Section 61)

    The FAA made changes to this section to incorporate the concept of 
make and model endorsements providing privileges to operate any 
aircraft within a set of aircraft. For a discussion of the comments and 
more information on this issue, see ``V.5.A.iv. Make and Model Logbook 
Endorsements, and Sets of Aircraft.''
Changes
    The provisions of section 61 of proposed SFAR No. 89 are 
transferred to Sec.  61.319 and revised to allow the holder of a sport 
pilot certificate with an endorsement to operate a specific make and 
model of light-sport aircraft to operate any other aircraft belonging 
to the same set of aircraft.

Section 61.321 How Do I Obtain Privileges To Operate an Additional 
Category or Class of Light-Sport Aircraft? (Proposed as SFAR No. 89 
Section 63)

    Generally, for a discussion of the comments and changes made to 
this section, see ``V.5.A.iv. Make and Model Logbook Endorsements, and 
Sets of Aircraft.''
    For a discussion of the comments and the changes to the 
requirements in Sec.  61.321 (c) for an applicant to complete an 
application and present this application to the authorized instructor, 
see ``V.5.A.ix. Category and Class Discussion: FAA Form 8710-11 
Submission.''
Changes
    The provisions of section 63 of proposed SFAR No. 89 are 
transferred to Sec.  61.321 with an additional requirement in paragraph 
(c) for sport pilot seeking to operate an additional category or class 
of light-sport aircraft to complete an application for those privileges 
on a form and in a manner acceptable to the FAA. The person must 
present this application to the authorized instructor who conducted the 
proficiency check specified in paragraph (b) of the section.

Section 61.323 How Do I Obtain Privileges To Operate a Make and Model 
of Light-Sport Aircraft in the Same Category and Class Within a 
Different Set of Aircraft? (Proposed as SFAR No. 89 Section 65)

    The FAA made changes to this section to incorporate the concept of 
make and model endorsements providing privileges to operate any 
aircraft within a set of aircraft. For a discussion of the comments and 
changes made to this section, see ``V.5.A.iv. Make and Model Logbook 
Endorsements, and Sets of Aircraft.''
Changes
    The provisions of section 65 of proposed SFAR No. 89 are 
transferred to Sec.  61.323 with changes. The FAA is revising this 
section to allow the holder of a sport pilot certificate with an 
endorsement for a specific make and model light-sport aircraft to 
operate any other aircraft within the same set of aircraft.

Section 61.325 How Do I Obtain Privileges To Operate a Light-Sport 
Aircraft at an Airport Within, or in Airspace Within, Class B, C, and D 
Airspace, or in Other Airspace With an Airport Having an Operational 
Control Tower? (Proposed as SFAR No. 89 Section 81)

    For a discussion of comments and changes to this section, see 
``V.5.A.v. Changes to Airspace Restrictions.''
Changes
    The provisions of section 81 of proposed SFAR No. 89 are 
transferred to Sec.  61.325 with the following change. The FAA is 
adding the words ``at an airport located in Class B, C, or D airspace, 
or to, from, through, or at an airport having an operational control 
tower.''

Section 61.327 How Do I Obtain Privileges To Operate a Light-Sport 
Aircraft That Has a VH Greater Than 87 Knots CAS? (Proposed as SFAR No. 
89 Section 83)

    The FAA received a few comments on proposed section 83 of SFAR No. 
89. The commenters recommended that the FAA eliminate the proposed 
requirement that sport pilots seeking to operate an aircraft with a 
VH greater than 87 knots CAS receive an endorsement from an 
authorized instructor. For the reasons stated in the proposed rule, and 
also because the FAA is eliminating the proposed requirement for a 
specific make and model endorsement for each aircraft a sport pilot 
operates, the FAA has retained this requirement in the final rule.
Changes
    The provisions of section 83 of proposed SFAR No. 89 are 
transferred to Sec.  61.327 without substantive change.

Section 61.329 Are There Special Provisions for Obtaining a Sport Pilot 
Certificate for Persons Who Are Registered Ultralight Pilots With an 
FAA-Recognized Ultralight Organization? (Proposed as SFAR No. 89 
Section 93)

    The FAA received comments suggesting that other organizations not 
mentioned specifically in the preamble of the proposal should be 
considered for crediting of ultralight experience. At the time of the 
NPRM, the FAA stated that it considered only ASC, EAA, and USUA to be 
FAA-recognized ultralight organizations. One commenter specifically 
requested that USHGA be considered an FAA-recognized ultralight 
organization. Some commenters also thought that State associations that 
have required that ultralight pilots meet their requirements should 
have been addressed. Both the final rule and the NPRM do not limit 
those organizations that can be considered as FAA-recognized ultralight 
organizations. The FAA agrees that USHGA should be considered an FAA-
recognized ultralight organization and recognizes it as such. The FAA 
also recognizes that many State associations have now affiliated 
themselves with FAA-recognized ultralight organizations. Ultralight 
pilots in these State associations will be able to become sport pilots 
using the transition provisions of Sec.  61.329, provided they are 
recognized pilots with one of the

[[Page 44841]]

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

[[Page 44842]]

September 1, 2004 and is seeking a sport pilot certificate to provide 
documents provided by an applicant for a sport pilot certificate 
indicate that the person is recognized to operate only the category and 
class of aircraft for which sport pilot privileges are sought.
    Proposed paragraph (c) is removed.
    New paragraph (b) is added as discussed above.

Subpart K--Flight Instructors With a Sport Pilot Rating

    The FAA concluded that the certification rules pertaining to flight 
instructors with a sport pilot rating merited their own subpart in part 
61. Most of the rules originally proposed in SFAR No. 89 pertaining to 
flight instructors were moved into subpart K without change. A table 
with cross-references to the proposed SFAR No. 89 appears at the 
beginning of this section-by-section analysis for part 61.

Section 61.401 What Is the Purpose of This Subpart? (Proposed as SFAR 
No. 89 Section 1)

    The FAA did not receive any comments on section 1 of proposed SFAR 
No. 89. The provisions applicable to flight instructors with a sport 
pilot rating are therefore transferred to Sec.  61.401 without 
substantive change. Section 61.401 provides the user with an overview 
of the requirements prescribed in this subpart.
Changes
    The provisions of section 1 of proposed SFAR No. 89 applicable to 
flight instructors with a sport pilot rating are transferred to Sec.  
61.401 without substantive change.

Section 61.403 What Are the Age, Language, and Pilot Certificate 
Requirements for a Flight Instructor Certificate With a Sport Pilot 
Rating? (Proposed as SFAR No. 89 Section 3)

    The FAA created this section to incorporate the eligibility 
requirements originally contained in SFAR No. 89 section 3. Section 3 
would have required that a flight instructor with a sport pilot rating 
hold a sport or private pilot certificate. Although a number of 
commenters agreed with the FAA's proposal to permit flight instructors 
with a sport pilot rating to possess only a sport pilot certificate, 
the FAA received several comments expressing concern that persons 
holding no more than a sport pilot certificate could serve as flight 
instructors. Commenters noted that the FAA traditionally requires a 
flight instructor to hold a commercial pilot certificate. These 
commenters were specifically concerned that the FAA would be 
certificating flight instructors with an inappropriately low level of 
experience and training, thereby decreasing safety. The FAA believes 
that the training and experience required for a flight instructor 
certificate with a sport pilot rating is appropriate for the types of 
instruction that these flight instructors will provide. The FAA notes 
that these persons will be providing instruction in simple, non-complex 
aircraft with limited operational characteristics. The FAA also notes 
that it has established minimum aeronautical experience requirements in 
Sec.  61.411 for flight instructors with a sport pilot rating that 
exceeds that specified for a sport pilot certificate.
    In the final rule, the FAA revised the language requiring a person 
to ``hold a current and valid sport pilot certificate or a current and 
valid private pilot certificate'' to ``hold a current and valid pilot 
certificate.'' This change permits persons holding recreational, 
commercial, and airline transport pilot certificates to obtain a flight 
instructor certificate with a sport pilot rating. Since the FAA intends 
to permit a person with a sport pilot certificate to obtain a flight 
instructor certificate with a sport pilot rating, the FAA believes that 
persons with higher-level pilot certificates should not be precluded 
from obtaining a flight instructor certificate with a sport pilot 
rating.
Changes
    The provisions of section 3 of proposed SFAR No. 89 addressing the 
eligibility requirements for flight instructors with a sport pilot 
rating are transferred to Sec.  61.403 with the following change. In 
paragraph (c) of the final rule, the language requiring a person to 
``hold a current and valid sport pilot certificate or a current and 
valid private pilot certificate'' is changed to ``hold a current and 
valid pilot certificate.''

Section 61.405 What Tests Do I Have To Take To Obtain a Flight 
Instructor Certificate With a Sport Pilot Rating? (Proposed as SFAR No. 
89 Section 119)

    The FAA created this section to incorporate the testing 
requirements originally contained SFAR No. 89 section 119. The FAA 
received a comment from a national organization representing flight 
instructors recommending changes regarding spin training instructional 
competency and proficiency in weight-shift-control aircraft. In 
addition, several commenters noted, while it is crucial that pilots of 
weight-shift-control aircraft be capable of recognizing and avoiding 
spins, it is not safe for pilots to learn these techniques by actually 
performing them. The FAA supports these recommendations and is removing 
the proposed requirement that a person seeking to provide instruction 
in a weight-shift-control aircraft possess both competency and 
instructional proficiency in stall awareness, spin entry, spins, and 
spin recovery procedures. These requirements are still applicable to 
persons seeking to provide instruction in airplanes and gliders. For 
more information, see ``V.5.A.iii. Flight Training and Proficiency 
Requirements.''
Changes
    The provisions of section 119 of proposed SFAR No. 89 are 
transferred to Sec.  61.405 with the following changes.
    The section is reworded and reorganized for clarity.
    In paragraph (b)(1)(ii) of the final rule (proposed as paragraph 
(b)(3)), the requirement for a person to receive a logbook endorsement 
indicating competency and instructional proficiency in stall awareness, 
spin entry, spins, and spin recovery procedures has been deleted for 
persons seeking privileges to provide instruction in weight-shift-
control aircraft.
    In paragraph (b)(2)(iii) of the final rule (proposed as paragraph 
(b)(4)) is modified as follows.
    A person seeking privileges to provide instruction in a weight-
shift-control aircraft is not required to demonstrate an ability to 
teach stall awareness, spin entry, spins, and spin recovery procedures.
    The term ``practical'' is added before the word ``test.''
    The term ``instructional procedures'' is replaced with 
``instructional competency and proficiency.''
    The term ``applicable light-sport aircraft'' is replaced with 
``applicable category and class of aircraft.''

Section 61.407 What Aeronautical Knowledge Must I Have To Obtain a 
Flight Instructor Certificate With a Sport Pilot Rating? (Proposed SFAR 
No. 89 Section 113)

    The FAA did not receive any comments on this section and is 
adopting the section as proposed except for minor revisions to improve 
clarity.
Changes
    The provisions of section 113 of proposed SFAR No. 89 are 
transferred to Sec.  61.407 with the following changes. Proposed 
paragraphs (b) and (c) are adopted as paragraphs (c) and (b) 
respectively, and in paragraph (c) of the final rule, the words ``for 
the aircraft category and class in which you seek

[[Page 44843]]

flight instructor privileges'' are added after ``applicable to a sport 
pilot certificate.''

Section 61.409 What Flight Proficiency Requirements Must I Meet To 
Apply for a Flight Instructor Certificate With a Sport Pilot Rating? 
(Proposed as SFAR No. 89 Section 115)

    For a discussion on this section, see ``V.5.A.iii. Flight Training 
and Proficiency Requirements.''
Changes
    The provisions of section 115 of proposed SFAR No. 89 are 
transferred to Sec.  61.409 with the following changes.
    In the introductory text of the section, the words ``for airplane 
single-engine, glider, gyroplane, airship, balloon, powered parachute, 
and weight-shift-control privileges'' are replaced with the words ``for 
the aircraft category and class in which you seek flight instructor 
privileges'' are added.
    Paragraph (k) (proposed as paragraph (a)(11)) is changed to no 
longer require applicants for a flight instructor certificate seeking 
instructional privileges in lighter-than-air aircraft and powered 
parachutes to receive and log slow flight training. It is also changed 
to no longer require applicants seeking instructional privileges in 
powered parachutes to receive and log stall training. In addition, in 
the final rule, the training requirement for slow flight and stalls is 
split into separate paragraphs (k) and (l), specifying those aircraft 
for which the training is not required.
    Paragraph (m) (proposed as paragraph (a)(12)) is changed to remove 
the requirement for spin training in a weight-shift-control aircraft, 
requiring it for airplanes and gliders only.
    Paragraph (o) is added to require ``tumble entry and avoidance 
techniques'' maneuvers for weight-shift-control aircraft only.

Section 61.411 What Aeronautical Experience Must I Have To Apply for a 
Flight Instructor Certificate With a Sport Pilot Rating? (Proposed as 
SFAR No. 89 Section 117)

    The FAA received several comments to this section. One commenter 
stated that the FAA should decrease the aeronautical experience 
requirements for flight instructors seeking instructional privileges in 
powered parachutes to 50 hours. Other commenters questioned the need 
for flight instructors to obtain 15 hours of cross-country flight time 
in powered parachutes. Another commenter questioned the need for flight 
instructors to have 15 hours of pilot-in-command time in a weight-
shift-control aircraft. A number of commenters recommended that the FAA 
decrease the requirements for flight instructors seeking instructional 
privileges in airplanes, weight-shift-control aircraft, and powered 
parachutes to 55 hours. One commenter stated that until 2 years ago, 
all three national ultralight organizations required only 55 hours of 
flight time to qualify as an ultralight flight instructor. The 
commenter further noted that two of these three organizations now 
require flight instructors to possess a minimum of 100 hours of flight 
time. A number of commenters stated that the proposed requirements for 
flight instructors should mirror the requirements of these two 
organizations. However, another commenter recommended that all flight 
instructors have at least 250 hours of flight experience. This 
commenter was concerned that sport pilots would be trained by 
instructors who have very little experience themselves.
    The FAA has considered the commenters' concerns and notes that 
there may be legitimate reasons to either increase or decrease the 
aeronautical experience requirements set forth in the NPRM. The FAA 
believes that the aeronautical experience requirements set forth in the 
NPRM establish a reasonable level of minimum aeronautical experience 
for the issuance of flight instructor certificates with a sport pilot 
rating. As the sport pilot rating is a new rating to be added to the 
flight instructor certificate, the FAA will monitor the implementation 
of the rule and may revise aeronautical experience requirements for the 
rating, if the FAA deems such action appropriate.
Changes
    The provisions of section 117 of proposed SFAR No. 89 are 
transferred to Sec.  61.411 with no substantive change.

Section 61.413 What Are the Privileges of My Flight Instructor 
Certificate With a Sport Pilot Rating? (Proposed as SFAR No. 89 Section 
133)

    The FAA identified several privileges that a flight instructor with 
a sport pilot rating would be permitted to exercise that were omitted 
in SFAR No. 89 section 133 of the proposed rule. This omission is being 
corrected in the final rule.
    In addition to the privileges listed in the NPRM, under the final 
rule, the holder of a flight instructor certificate with a sport pilot 
rating is authorized, within the limits of his or her certificate and 
rating, to provide training and logbook endorsements for the following:
    (1) A flight instructor certificate with a sport pilot rating;
    (2) A powered parachute or weight-shift-control aircraft rating;
    (3) An operating privilege for a sport pilot;
    (4) A practical test and knowledge test for a private pilot 
certificate with a powered parachute or weight-shift-control aircraft 
rating or a flight instructor certificate with a sport pilot rating.
    Although the FAA received a few comments on this section that 
addressed towing and the ability to demonstrate light-sport aircraft 
for sale, these privileges are not based upon an individual's flight 
instructor certificate, but rather on that individual's underlying 
pilot certificate. Comments on towing and the demonstration of aircraft 
for sale are discussed in those sections that address the privileges of 
a person's underlying pilot certificate.
Changes
    The provisions of section 133 of proposed SFAR No. 89 are 
transferred to Sec.  61.413 and reorganized for clarity. Also, the 
following changes are made.
    In paragraph (a), the words ``a student pilot certificate to 
operate light-sport aircraft'' are changed to ``a student pilot seeking 
a sport pilot certificate''.
    Paragraph (c) is added to include training and logbook endorsements 
for a flight instructor certificate with a sport pilot rating.
    Paragraph (d) is added to include training and logbook endorsements 
for a powered parachute or weight-shift-control aircraft rating.
    Paragraph (f) is changed by including training and logbook 
endorsements for an operating privilege.
    Paragraphs (g) and (h) (proposed as paragraphs (e) and (f)) are 
amended by adding, after ``for a sport pilot,'' the words 
``certificate, a private pilot certificate with a powered parachute or 
weight-shift-control aircraft rating or a flight instructor certificate 
with a sport pilot rating.''

Section 61.415 What Are the Limits of a Flight Instructor Certificate 
With a Sport Pilot Rating? (Proposed as SFAR No. 89 Section 135)

    Several commenters questioned the need for make and model 
endorsements for flight instructors. Many commenters believed that this 
requirement is unnecessary because of the simple nature of the aircraft 
in which instructors will be providing training. Additionally, many 
commenters questioned the need for flight instructors to obtain 5 hours 
of pilot-in-command time in a specific make and

[[Page 44844]]

model of aircraft prior to providing flight instruction in that 
aircraft. The FAA recognizes that under current Sec.  61.195(f), a 
flight instructor may not provide training required for the issuance of 
a certificate or rating in a multi-engine airplane, helicopter, or 
powered lift unless that instructor has at least 5 hours of pilot-in-
command time in that specific make and model of aircraft. This 
requirement is therefore not applicable to the majority of aircraft in 
which flight instruction is conducted. The FAA notes however that the 
final rule permits a person to serve as a flight instructor if that 
person holds only a sport pilot certificate. In view of the limited 
experience of these certificate holders, the FAA deems it prudent that 
flight instructors with a sport pilot rating obtain at least 5 hours 
pilot-in-command time before conducting flight instruction in a make 
and model of light-sport aircraft within the same set of aircraft as 
that in which the training is provided. For additional discussion, see 
``V.5.A.iv. Make and Model Logbook Endorsements, and Sets of 
Aircraft.''
    Commenters stated that the FAA should allow training to be 
conducted in single-place aircraft. The FAA does not agree that all 
training provided by flight instructors with a sport pilot rating be 
permitted in single-place aircraft. Under current Sec.  61.195(g)(2), 
the FAA requires pre-solo flight training for single-place aircraft to 
be provided in an aircraft that has two pilot stations and is of the 
same category and class applicable to the certificate and rating 
sought. The FAA believes that the commenters did not provide sufficient 
justification to remove this long-standing requirement. The final rule 
requires that pre-solo flight training must be given in an aircraft 
that has two pilot stations and is of the same category and class 
applicable to the certificate, rating, or privilege sought. Section 
61.195(g) ensures that pre-solo fight training is provided by an 
authorized instructor in an aircraft with two pilot stations. Section 
61.415 will apply a similar requirement to persons receiving flight 
instruction from flight instructors with a sport pilot rating. Similar 
to Sec.  61.195(g), pilots being trained by flight instructors with a 
sport pilot rating will have the latitude under Sec.  61.415 to meet 
all other experience and solo training requirements in a single-place 
aircraft.
    As the provisions of proposed SFAR No. 89 have been included in new 
subpart K of part 61, and the applicability of subpart H has been 
revised to exclude flight instructors with a sport pilot rating, the 
limitations that previously applied to all flight instructors in 
subpart H must be included in subpart K for them to apply to flight 
instructors with a sport pilot rating. Therefore, the FAA is now 
including in Sec.  61.415 specific regulatory language to address the 
limits referred to Sec.  61.195(a), (d)(1) through (d)(3), and (d)(5).
Changes
    The FAA is transferring the provisions of proposed SFAR No. 89 
section 135 to Sec.  61.415 and reorganizing them with the following 
revisions.
    In paragraph (a), the description of the limits for providing 
ground or flight training is clarified by addressing training provided 
by a person holding a pilot certificate other than a sport pilot 
certificate.
    Paragraph (e) is revised to incorporate the concept of ``set of 
aircraft,'' and the requirement to obtain aeronautical experience as a 
registered pilot with an FAA-recognized ultralight organization is 
removed. The concept of ``set of aircraft'' is discussed under 
``V.5.A.iv. Make and Model Logbook Endorsements, and Sets of 
Aircraft.'' The use of aeronautical experience obtained in ultralight 
vehicles is addressed in Sec.  61.52 of the final rule.
    Paragraph (f) is revised to incorporate operations to, from, 
through, or at an airport having an operational control tower. (See 
``V.5.A.v. Changes to Airspace Restrictions.'')
    Paragraph (h) is added to require that all training be performed in 
an aircraft that complies with the requirements of Sec.  91.109. This 
corrects an inadvertent omission of a reference to Sec.  61.195(g) in 
the NPRM.
    Paragraph (i) is added to require that flight training must be 
provided in an aircraft that has at least two pilot stations and is of 
the same category and class appropriate to the certificate rating or 
privilege sought. Pre-solo flight training for single-place aircraft 
needs to be provided in an aircraft that has two pilot stations and is 
of the same category and class appropriate to the certificate rating or 
privilege sought.

Section 61.417 Will My Flight Instructor Certificate With a Sport Pilot 
Rating List Aircraft Category and Class Ratings? (Proposed as SFAR No. 
89 Section 123)

    The FAA did not receive any comments on this section. Although it 
was proposed that a person receiving a flight instructor certificate 
with a sport pilot rating receive logbook endorsements for the 
category, class, and make and model aircraft in which the person is 
authorized to provide training, the FAA is removing provisions 
specifying that a person would receive a make and model endorsement. 
The FAA is removing these provisions because the authority to operate 
any make and model of aircraft within a specific set of aircraft is a 
privilege of the person's underlying pilot certificate and not the 
flight instructor certificate. See the discussion ``V.5.A.iv. Make and 
Model Logbook Endorsements, and Sets of Aircraft.''
Changes
    The provisions of section 123 of proposed SFAR No. 89 are 
transferred to Sec.  61.417 with the following change. The words ``make 
and model'' are removed.

Section 61.419 How Do I Obtain Privileges To Provide Training in an 
Additional Category or Class of Light-Sport Aircraft? (Proposed as SFAR 
No. 89 Section 127)

    The FAA received a few comments on this section. One commenter was 
concerned that there will not be enough instructors to provide 
endorsements for instructors seeking to provide training in additional 
categories and classes of aircraft. Another commenter proposed that 
instructors certificated under subpart H of part 61 should not be 
required to complete the proposed proficiency check. The FAA believes 
that the ``grandfathering'' provisions of the final rule will result in 
sufficient numbers of instructors being able to provide the required 
endorsements. The FAA notes that the proficiency check required by 
Sec.  61.419(b) will only apply to flight instructors exercising the 
privileges of a sport pilot rating. The FAA also notes that instructors 
certificated under subpart H are not subject to this requirement.
    For information on changes related to filing applications and 
endorsements, refer to the discussion under ``V.5.A.ix. Category and 
Class Discussion: FAA Form 8710-11 Submission.'' For discussion of make 
and model endorsements, refer to the discussion under ``V.5.A.iv. Make 
and Model Endorsements, and Sets of Aircraft.''
    In addition, the FAA made a minor editorial change to the title and 
the introductory text by deleting the word ``flight'' to be more 
accurate. This change reflects that flight instructors provide both 
ground and flight training.
Changes
    The provisions of section 127 of proposed SFAR No. 89 are 
transferred to Sec.  61.419 with the following changes.
    The title of this section is changed by removing the word 
``flight.'' The word ``flight'' is also removed from the introductory 
text.

[[Page 44845]]

    In paragraph (a), the term ``aeronautical and knowledge experience 
requirements'' is changed to ``aeronautical knowledge and flight 
proficiency requirements.'' This change properly refers to the 
requirements an applicant must meet in Sec. Sec.  61.407 and 61.409.
    Proposed paragraph (b) is split into paragraphs (b) and (d) in the 
final rule for clarity. The logbook endorsement requirement is now in 
paragraph (d) of the final rule. The term ``light-sport aircraft 
privilege'' is changed to ``category and class flight instructor 
privilege'' in paragraphs (b) and (d) of the final rule.
    Paragraph (c) in the final rule is added to require a person to 
complete and present an application to obtain the privileges sought.

Section 61.421 May I Give Myself an Endorsement? (Proposed as SFAR No. 
89 Section 139)

    The FAA received comments noting an error made in the proposed rule 
omitting the word ``not.'' The FAA is correcting the error.
Changes
    The provisions of section 139 of proposed SFAR No. 89 are 
transferred to Sec.  61.421 with the following changes.
    The phrase ``you may give yourself an endorsement'' is changed to 
``you may not give yourself an endorsement,'' as was originally 
intended.
    The FAA is also adding the word ``rating'' to the list of 
endorsements a flight instructor with a sport pilot rating is not 
permitted to give him or herself. This conforms to the list of 
prohibitions specified in Sec.  61.195(i).

Section 61.423 What Are the Recordkeeping Requirements for a Flight 
Instructor With a Sport Pilot Rating? (Proposed as SFAR No. 89 Section 
121)

    The FAA received no comments on this section.
    The FAA notes that the NPRM only referred to the endorsement of a 
person's logbook. Under current rules, a flight instructor is required 
to sign the logbook of any person to whom he or she provides training. 
To clarify that flight instructors with a sport pilot rating must sign 
the logbook of each person to whom they have given flight or ground 
training, the FAA is revising paragraph (a)(1) accordingly.
    The NPRM did not specifically require a flight instructor to retain 
a record of the type of endorsement provided to a person who received 
training. The final rule corrects this omission in paragraph (a)(2).
    The FAA is revising paragraph (a)(2)(iii) to include the words 
``to, from, through, or at an airport having an operational control 
tower.'' This change is discussed under ``V.5.A.v. Changes to Airspace 
Restrictions.''
    The FAA is adding (b) to include a requirement for an instructor to 
complete, sign, and submit to the FAA the application presented to him 
or her by a person seeking to operate or provide training in an 
additional category and class of light-sport aircraft. This application 
must be submitted within 10 days of providing the endorsement. For a 
discussion of this provision, see ``V.5.A.ix. Category and Class 
Discussion: FAA Form 8710-11 Submission.''
Changes
    The provisions of section 121 of proposed SFAR No. 89 are 
transferred to Sec.  61.423 with the following changes.
    The section heading is revised, and the text of the section is 
reorganized for improved readability.
    In paragraph (a)(1) the FAA is clarifying that a flight instructor 
with a sport pilot rating must sign the logbook of each person to whom 
he or she has given training.
    In paragraph (a)(2), a requirement to retain a record of the type 
of endorsement is added.
    Paragraph (a)(2)(iii) is revised to include the words ``to, from, 
through, or at an airport having an operational control tower.''
    Paragraph (b) is added to include a requirement for an instructor 
to complete, sign, and submit to the FAA the application presented to 
him or her by a person seeking to obtain additional category and class 
privileges.

Section 61.425 How Do I Renew My Flight Instructor Certificate? 
(Proposed as SFAR No. 89 Section 195)

    The FAA received no comments requesting changes to this section. 
However a few commenters expressed concerns that current Flight 
Instructor Refresher Clinics (Courses) (FIRCs) may not be a suitable 
means for flight instructors with a sport pilot rating to renew their 
flight instructor certificates. The commenters asked if persons 
providing FIRCs would be given latitude to develop courses specifically 
designed for flight instructors with a sport pilot rating. The FAA 
notes that persons providing FIRCs may specifically tailor those 
courses to the needs of flight instructors with sport pilot ratings. 
Further guidance will be available to FIRC sponsors at a later date.
Changes
    The provisions of section 195 of proposed SFAR No. 89 are 
transferred to Sec.  61.425 without substantive change.

Section 61.427 What Must I Do if My Flight Instructor Certificate With 
a Sport Pilot Rating Expires? (Proposed as SFAR No. 89 Section 197)

    The FAA received no comments on this section.
Changes
    The provisions of section 197 of proposed SFAR No. 89 are 
transferred to Sec.  61.427. The section is modified to note that a 
person may pass a practical test as prescribed in Sec.  61.405(b) or 
Sec.  61.183(h). This change reflects the separation of flight 
instructor requirements into subparts H and K of part 61.

Section 61.429 May I Exercise the Privileges of a Flight Instructor 
Certificate With a Sport Pilot Rating if I Hold a Flight Instructor 
Certificate With Another Rating? (Proposed as SFAR No. 89 Section 151)

    The FAA received several comments on this section. The majority of 
the commenters recommended that the FAA delete or reduce the proposed 
requirement for a person exercising the privileges of a flight 
instructor with a sport pilot rating to have at least 5 hours of pilot-
in-command time in a specific make and model of light-sport aircraft in 
which that person provides training. Other commenters recommended that 
the FAA delete the proposed requirement that a flight instructor 
receive specific training in any make and model of light-sport aircraft 
in which that person has not acted as pilot in command prior to 
providing training. The FAA is retaining the proposed requirement that 
a person exercising the privileges of a flight instructor certificate 
with a sport pilot rating have at least 5 hours of pilot-in-command 
time in a specific make and model of light-sport aircraft prior to 
providing flight training. However, the rule will permit a person with 
this experience to provide flight training in any aircraft within the 
same set of light-sport aircraft as the make and model of aircraft in 
which that person has 5 hours of pilot-in-command time.
    The FAA found that section 151 of proposed SFAR No. 89 did not 
reference commercial pilots with an airship or a balloon rating. As 
these pilots may provide flight instruction under current rules, and 
therefore may be considered authorized instructors, the FAA believes it 
is appropriate to permit these persons to exercise the privileges of a 
flight

[[Page 44846]]

instructor certificate with a sport pilot rating in the classes of 
aircraft in which they are currently authorized to provide training. 
This omission is corrected in the final rule.
    Proposed paragraphs (a)(2) and (a)(3) would have established 
requirements for a person transitioning to a flight instructor 
certificate with a sport pilot rating to receive specific training or 
have 5 hours of pilot-in-command time in any make and model of light-
sport aircraft prior to providing training in that aircraft. This 
requirement to have 5 hours of pilot-in-command time is now set forth 
in Sec.  61.415(e). Training requirements for the operation of makes 
and models of light-sport aircraft are addressed in those sections that 
apply to a person's underlying pilot certificate.
    Paragraph (b) is added in the final rule. This paragraph clarifies 
that the requirements of Sec. Sec.  61.415 and 61.423 also apply to 
flight instructors with other than a sport pilot rating, commercial 
pilots with an airship rating, or commercial pilots with a balloon 
rating, when those persons exercise the privileges of a flight 
instructor certificate with a sport pilot rating.
    Paragraph (c) (proposed as paragraph (b)) is changed to state that, 
to exercise privileges of a flight instructor certificate in a 
category, class, or make and model of light-sport aircraft for which 
one is not currently rated, a person must meet all applicable 
requirements specified in Sec.  61.419 to provide training in an 
additional category or class of light-sport aircraft. In the NPRM, SFAR 
No. 89 section 151(b) referenced sections 127 and 129; however, section 
129 is not being adopted and therefore paragraph (c) only pertains to 
Sec.  61.419, which corresponds to SFAR No. 89 section 127.
Changes
    The provisions of section 151 of proposed SFAR No. 89 are 
transferred to Sec.  61.429 with changes.
    In the introductory text of the section, the words ``a commercial 
pilot certificate with an airship rating, or a commercial pilot 
certificate with a balloon rating issued under this part'' are added.
    In paragraph (a) (proposed as paragraph (a)(1)), the words ``* * 
*on your existing pilot certificate and flight instructor certificate 
when exercising your flight instructor privileges'' are changed to 
read, ``* * *on your flight instructor certificate, commercial pilot 
certificate with an airship rating, or commercial pilot certificate 
with a balloon rating, as appropriate, when exercising your flight 
instructor privileges and the privileges specified in Sec.  61.413.''
    Paragraph (b) is added in the final rule to require persons subject 
to this section to comply with the limits specified in Sec.  61.415 and 
the recordkeeping requirements of Sec.  61.423.
    Paragraph (c) (proposed as paragraph (b)) is changed to state that 
persons subject to this section must meet all applicable requirements 
specified in Sec.  61.419 to provide training in an additional category 
or class of light-sport aircraft.

Section 61.431 Are There Special Provisions for Obtaining a Flight 
Instructor Certificate With a Sport Pilot Rating for Persons Who Are 
Registered Ultralight Flight Instructors With an FAA Recognized 
Ultralight Organization? (Proposed as SFAR No. 89 Section 153)

    The provisions of this section were intended to encourage and 
assist ultralight instructors registered with FAA-recognized ultralight 
organizations to obtain flight instructor certificates with a sport 
pilot rating. The final rule will allow an ultralight flight instructor 
who is registered with an FAA-recognized ultralight organization before 
September 1, 2004 to apply for a flight instructor certificate with a 
sport pilot rating and receive credit for experience and training 
successfully completed with the ultralight organization. The FAA 
believes that the provisions of this section respond to commenters' 
requests to make the transition from basic and advanced ultralight 
flight instructors to flight instructors with a sport pilot rating 
simple and reasonable.
    One commenter stated that the FAA should not require ultralight 
instructors who have thousands of flight hours of ultralight flight 
time to obtain additional training. The FAA believes that this section 
addresses the commenter's concern, as it provides registered ultralight 
instructors with FAA-recognized ultralight organizations a means to 
obtain flight instructor certificates with a sport pilot rating without 
meeting the requirements specified for other applicants.
    A number of commenters recommended that ultralight instructors not 
take knowledge tests for both the sport pilot certificate and a flight 
instructor certificate with a sport pilot rating. Other commenters 
recommended that transitioning ultralight flight instructors not be 
required to take any knowledge test. To ensure standardization, the FAA 
requires all applicants for an underlying pilot certificate to take the 
specific knowledge test applicable to that certificate, and is 
therefore requiring that an applicant pass a knowledge test for both 
his or her underlying pilot certificate and a flight instructor 
certificate with a sport pilot rating.
    Some commenters recommended that ultralight flight instructors 
transitioning to flight instructors with a sport pilot rating not be 
required to pass an ``initial flight check.'' In the interest of safety 
and standardization, the FAA will not issue an initial flight 
instructor certificate without the applicant passing a practical test.
    A number of commenters recommended that the FAA permit ultralight 
instructors to become flight instructors without first obtaining a 
sport pilot certificate. As the privilege to operate an aircraft is 
based upon a person's underlying pilot certificate and not his or her 
flight instructor certificate, the FAA is not adopting the commenter's 
recommendation.
    One commenter recommended that current ultralight instructors with 
specific make and model experience be permitted to provide themselves 
with an endorsement certifying their own proficiency in a particular 
make and model of light-sport aircraft. As this recommendation goes 
against the FAA's long-standing policy against self-endorsements, the 
FAA is also not adopting this commenter's recommendation.
    Other commenters questioned the ability of the FAA to effectuate a 
transition from operations conducted under training exemptions to 
operations conducted in accordance with subpart K. In the final rule, 
the FAA is establishing an effective date for compliance, which will 
permit current ultralight flight instructors to become flight 
instructors with a sport pilot rating and exercise the privileges of 
that certificate in appropriately certificated aircraft without 
disrupting current training programs.
    The FAA originally proposed that any registered ultralight 
instructor with an FAA-recognized ultralight organization would have up 
to 36 months after the effective date of the final rule to apply for a 
flight instructor certificate with a sport pilot rating and receive 
credit for experience and training successfully completed with the 
ultralight organization. Upon further consideration, the FAA concluded 
that it would be in the interest of safety, fairness, and ease of 
administration to limit this provision to ultralight instructors 
registered with those organizations on or before September 1, 2004, but 
provide them with a period of 36 months to avail themselves of the

[[Page 44847]]

provisions of this section. Once the rule is effective, the minimum 
requirements established in Sec.  61.411 must be met by all applicants 
for a flight instructor certificate with a sport pilot rating who were 
not registered ultralight instructors on or before September 1, 2004. 
The FAA believes it is both unnecessary and not in the interest of 
safety to permit these ultralight instructors to meet the provisions of 
this section in lieu of the more stringent requirements of other 
sections in subpart K.
    As proposed, ultralight flight instructors who are registered with 
an FAA-recognized ultralight organization on the effective date of the 
rule would have had 36 months after the effective date of the final 
rule to apply for a flight instructor certificate with a sport pilot 
rating and receive credit for meeting the aeronautical knowledge, 
flight proficiency, and aeronautical experience requirements of subpart 
K. The final rule continues to extend this privilege to ultralight 
flight instructors registered with an FAA-recognized ultralight 
organization on or before September 1, 2004, but not to those 
registered after that date. All applicants must satisfactorily complete 
both FAA knowledge tests and practical tests.
    Consistent with the change in Sec.  61.303, the words ``a current 
recreational pilot certificate and meet the requirements of Sec.  
61.101 (c)'' are added to paragraph (a). As recreational pilots who 
meet the requirements of Sec.  61.101(c) have met aeronautical 
knowledge, flight proficiency, and aeronautical experience requirements 
equal to or greater than those required of sport pilots, the FAA 
contends it would be inappropriate to preclude these pilots from 
obtaining a flight instructor certificate with a sport pilot rating.
    In the final rule, the FAA is clarifying the reference to 
``experience requirements'' in paragraph (b). The revision specifies 
that an applicant need not meet the aeronautical experience requirement 
specified in Sec.  61.407, the flight proficiency requirements 
specified in Sec.  61.409, and the aeronautical experience requirements 
specified in Sec.  61.411. The FAA notes that an applicant is still 
required to meet the minimum flight time requirements in the category 
and class of light-sport aircraft for which privileges are sought. This 
revision is consistent with terminology used in part 61.
    As discussed in Sec.  61.329, the FAA received many comments 
regarding the requirement for notarized documentation of experience 
from the FAA-recognized ultralight organization. Many commenters were 
concerned about the added cost and burden this requirement would 
present. The FAA again agrees with the comments and is replacing the 
requirement for a notarized document with a requirement that an 
applicant provide the FAA with a certified copy of his or her 
ultralight pilot records from the FAA-recognized ultralight 
organization.
    Proposed paragraph (e)(2) is changed in paragraph (d)(2) of the 
final rule to require that documents provided by an applicant for a 
flight instructor certificate with a sport pilot rating indicate that 
the person is recognized to operate and provide training in the 
category and class of aircraft for which instructional privileges are 
sought. This change corresponds to a similar change made in Sec.  
61.329.
Changes
    The provisions of section 153 of proposed SFAR No. 89 are 
transferred to Sec.  61.431. The section is reorganized for clarity, 
and the following changes are made.
    In the introductory text, the words ``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'' 
are changed to ``on or before September 1, 2004, and you want to apply 
for a flight instructor certificate with a sport pilot rating, not 
later than January 31, 2008.''
    In paragraph (a) of the final rule, the words ``a current 
recreational pilot certificate and meet the requirements of Sec.  
61.101(c)'' are added.
    In paragraph (b), the reference to ``experience requirements'' is 
changed in the final rule to include ``the aeronautical knowledge 
requirements specified in Sec.  61.407, the flight proficiency 
requirements specified in Sec.  61.409, and the aeronautical experience 
requirements specified in Sec.  61.411.''
    In paragraph (d) (proposed as paragraph (e)), the requirement to 
``obtain and present upon application a notarized copy'' is changed to 
``submit a certified copy.''
    Proposed paragraph (e)(2) is changed in paragraph (d)(2) of the 
final rule to require that documents provided by an applicant for a 
flight instructor certificate with a sport pilot rating indicate that 
the person is recognized to operate and provide training in the 
category and class of aircraft for which flight instructor privileges 
are sought.

V.6. Part 65--Certification: Airmen Other Than Flight Crew Members

Section 65.85 Airframe Rating; Additional Privileges; and Section 65.87 
Powerplant Rating; Additional Privileges

    The FAA did not propose to amend Sec. Sec.  65.85 and 65.87. They 
are amended in the final rule to allow appropriately certificated 
mechanics with an airframe or powerplant rating the additional 
privilege of performing and inspecting major repairs and major 
alterations to light-sport aircraft issued a special airworthiness 
certificate in the light-sport category and approving them for return 
to service. This privilege to perform and inspect major repairs and 
major alterations and approve a product or part for return to service 
on a light-sport aircraft is limited to products and parts that are not 
produced under an FAA approval, such as those built under a light-sport 
aircraft manufacturer's consensus standard. This rule change gives the 
airframe- or powerplant-rated mechanic the same privilege to perform 
and inspect major repairs and major alterations on special light-sport 
aircraft that this rule grants a repairman (light-sport aircraft) with 
a maintenance rating.
    This privilege is not extended to major repairs and major 
alterations performed on products produced under an FAA approval. A 
mechanic with an airframe or powerplant rating cannot approve a product 
or part for return to service after performing and inspecting a major 
repair or major alteration on a product produced under an FAA approval. 
This work must be performed in accordance with part 43 and other 
applicable provisions of part 65.
    The rule also requires that any major repair or major alteration 
performed on a product or part not produced under an FAA approval 
installed on a special light-sport aircraft be performed in accordance 
with the manufacturer's instructions or instructions developed by a 
person acceptable to the FAA.
Changes
    Sections 65.85 and 65.87 are each amended by designating the 
existing text as paragraph (a), inserting the words, ``Except as 
provided in paragraph (b) of this section'' at the beginning of 
paragraph (a), and adding new paragraph (b) to permit appropriately 
certificated mechanics to perform and inspect major repairs and major 
alterations on products not produced under an FAA approval installed on 
a special light-sport aircraft, as discussed above.

[[Page 44848]]

Section 65.101 Eligibility Requirements: General

    The FAA did not receive any comments on this section.
Changes
    The proposed rule is adopted without substantive change.

Section 65.103 Repairman Certificate: Privileges and Limitations

    The FAA did not propose any amendments to this section. The NPRM, 
however, included a proposed exception to this section in Sec.  
65.107(d). It provides that Sec.  65.103 does not apply to the holder 
of a repairman certificate (light-sport aircraft) while that repairman 
is performing work under that certificate. The more appropriate 
location for this exception is in a new paragraph (c) of Sec.  65.103. 
Placing this exception as new paragraph (c) of Sec.  65.103 parallels 
the structure of paragraph (b) in Sec.  65.101, which includes a 
provision stating that the section does not apply to the issuance of 
repairman certificates (experimental aircraft builder) under Sec.  
65.104. The FAA is making this editorial revision in this final rule.
Changes
    The provisions of proposed Sec.  65.107(d) are added as new 
paragraph (c) of Sec.  65.103 in the final rule.

Section 65.107 Repairman Certificate (Light-Sport Aircraft): 
Eligibility, Privileges and Limits

    Under Sec.  65.107, the FAA proposed requirements for acquiring a 
repairman (light-sport aircraft) certificate. The FAA received numerous 
comments on this proposed section.
    A few commenters felt that the lack of clear guidelines for this 
section made it difficult to comment on its viability. One organization 
reserved opinion on this section, stating that it could not properly 
comment until reviewing the consensus standards that would control 
implementation of this rule. The FAA addresses this comment in the 
discussion of the definition of ``consensus standard'' under Sec.  1.1.
    Several commenters expressed concern that the FAA has been allowing 
repairman standards to steadily decline over the years, and that the 
proposed rule would only further compromise safety. The FAA disagrees 
and points out that the privileges and limitations for repairmen found 
in part 65 have not changed since 1980.
    Some commenters felt that the maintenance training course hour 
requirements were excessive and would inhibit owners of light-sport 
aircraft from performing preventive maintenance on their aircraft. This 
rule establishes a repairman certificate (light-sport aircraft) with 
two ratings--inspection and maintenance. The rule sets the training 
required to qualify for a repairman certificate (light-sport aircraft) 
with an inspection rating at 16 hours. The training required for a 
repairman (light-sport aircraft) certificate with a maintenance rating, 
as adopted in this final rule, depends on the class of aircraft the 
individual repairman wants to maintain. The FAA had to establish a 
training requirement for light sport aircraft repairman certificates 
because, unlike a builder of an amateur-built aircraft, the light-sport 
aircraft owner cannot show that he or she manufactured the major 
portion of the aircraft, and therefore cannot show that he or she would 
have the skills necessary to inspect and maintain the light-sport 
aircraft.
    The FAA notes that this rule will not prohibit owners from 
performing maintenance on experimental light-sport aircraft. Owner-
performed maintenance is allowed. However, all experimental light-sport 
aircraft operating limitations will require that an annual condition 
inspection be performed. The rule allows an owner of an experimental 
light-sport aircraft to perform this inspection only if he or she has 
obtained a repairman certificate (light-sport aircraft) with an 
inspection rating. To obtain the certificate, an applicant must 
complete an FAA-accepted 16-hour course on inspecting the same class of 
light sport aircraft for which the person intends to exercise the 
privileges of the certificate and rating. The repairman certificate 
with an inspection rating will authorize the owner to sign off the 
annual condition inspection for his or her own light-sport aircraft 
issued an experimental certificate under Sec.  21.191(i). If an 
individual wants to maintain other light-sport aircraft as well, he or 
she must earn a repairman (light-sport aircraft) certificate with a 
maintenance rating. That person must take an FAA-accepted course that 
addresses maintenance of the particular class of aircraft that he or 
she desires to work on.
    The NTSB commented that, although the FAA referred to minimum 
training and testing requirements in the NPRM, no test requirement was 
specified. The NTSB stated that applicants for a repairman certificate 
should be required to pass a written examination before being awarded a 
maintenance rating, and that that test should include the general 
knowledge section of the mechanic certificate written test. The FAA 
agrees. The final rule includes a requirement that an applicant must 
take a training course. This training course should contain a written 
test that the applicant should pass with a minimum score of 80%. This 
is discussed in further detail later in this section. The test will 
include the areas of the general knowledge section of the mechanic 
certificate written test that are applicable to light-sport aircraft 
that have been issued a special airworthiness certificate for either 
experimental or special light-sport aircraft.
    As adopted in this final rule, the required hours of training for a 
repairman (light-sport aircraft) certificate with a maintenance rating 
will depend on the class of light-sport aircraft the applicant intends 
to work on. This rating will allow the repairman to perform annual 
condition inspections on both experimental and special light-sport 
aircraft, 100-hour inspections on special light-sport aircraft used for 
flight training and towing, and maintenance on special light-sport 
aircraft. Since the aircraft a repairman with a maintenance rating will 
work on may be used for flight training or towing, and are typically 
operated for compensation or hire, the FAA believes that more training 
should be required for these repairmen than for repairmen with an 
inspection rating.
    A couple of commenters suggested that the requirements might force 
existing ultralight repairmen to work outside the rules or go out of 
business. The FAA disagrees. The rule will standardize maintenance only 
within the special and experimental light-sport aircraft community and 
does not impact those individuals who perform work on ultralight 
vehicles operated under part 103.
    A few commenters expressed concern over the impracticality of 
requiring repairmen to be certificated on each make and model of 
aircraft they intend to maintain. The FAA agrees. The FAA believes that 
the differences between makes and models of aircraft within a specific 
class of aircraft are not extensive enough to require an applicant for 
a repairman certificate with an inspection rating to successfully 
complete a training course for each specific make and model of aircraft 
on which that person intends to perform work. Rather than requiring 
applicants for a repairman certificate (light-sport aircraft) with an 
inspection rating to complete training on each make and model of 
aircraft on which they intend to perform work, the FAA is requiring 
training to be completed for each class of aircraft. Although the FAA 
proposed that persons seeking repairman

[[Page 44849]]

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

[[Page 44850]]

on special light-sport aircraft in accordance with part 43. The FAA has 
therefore included the term ``approve and return to service'' when 
addressing maintenance, preventive, and alterations performed by a 
repairman certificate (light-sport aircraft) with a maintenance rating. 
The FAA is also revising the rule to clarify that the holder of a 
repairman certificate (light-sport aircraft) with a maintenance rating 
may perform both the annual condition inspection and the 100-hour 
inspection required by Sec.  91.327. In addition, the FAA is revising 
the privileges of this repairman to include performing major repairs 
and major alterations on products not produced under an FAA approval 
that have been installed on special light-sport aircraft. This 
privilege is also discussed under part 43 above.
    The FAA is also added new paragraph (d) to prohibit a repairman 
(light-sport aircraft) with a maintenance rating from approving for 
return to service any aircraft or part thereof unless that person has 
previously performed the work concerned satisfactorily. This paragraph 
is added as a result of revisions making part 43 applicable to special 
light-sport aircraft and contains language similar to that contained in 
current Sec.  65.81, which addresses the general privileges and 
limitations of mechanics. It differs from that language to the extent 
that it does not permit a repairman (light-sport aircraft) with a 
maintenance rating to supervise work performed by other persons. 
Similarly, a person who has not previously performed that work may show 
the ability to do the work by performing it to the satisfaction of the 
FAA or certain specified certificate holders.
    The rule is also revised in paragraph (d) of the final rule to 
require that a repairman (light-sport aircraft) with a maintenance 
rating understand the current instructions of the manufacturer and the 
maintenance manuals for the specific operation concerned prior to 
exercising certificate privileges. This provision is identical to 
language found in current Sec.  65.81(b), which sets forth the 
privileges and limitations of a person holding a mechanic certificate 
and is similar to provisions contained in Sec.  65.103(b) for 
repairmen. The new provision is included because a repairman (light-
sport aircraft) with a maintenance rating may perform work and approve 
special light-sport aircraft for return to service under part 43.
Changes
    In paragraph (a)(2)(ii), the words ``make and model of experimental 
light-sport aircraft'' are changed to ``class of experimental light-
sport aircraft.''
    In paragraph (a)(3)(ii), the term ``category of light-sport 
aircraft'' is changed to ``class of light-sport aircraft.'' In 
addition, the requirement to complete ``an 80-hour training course'' is 
changed to a requirement to complete a 120-hour training course for 
airplane class privileges, a 104-hour training course for weight-shift-
control aircraft and powered parachute class privileges.
    In paragraph (b), the words ``may perform a condition inspection on 
an aircraft'' are changed to ``may perform an annual condition 
inspection on a light-sport aircraft.'' In addition, the reference to 
make and model in proposed paragraph (b) is changed to class in 
paragraph (b)(3) of the final rule.
    Proposed paragraph (c) is divided into paragraphs (c)(1) through 
(c)(3) in the final rule. In addition, the words ``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'' are 
changed in paragraph (c)(1) to ``approve and return to service an 
aircraft that has been issued a special airworthiness certificate in 
the light-sport category under Sec.  21.190 of this chapter, or any 
part thereof, after performing or inspecting maintenance (to include 
the annual condition inspection and the 100-hour inspection required by 
Sec.  91.327 of this chapter), preventive maintenance, or an alteration 
(excluding a major repair or a major alteration on a product produced 
under an FAA approval).''
    In paragraph (c)(2), the words ``perform the annual condition 
inspection on a light-sport aircraft that has been issued an 
experimental certificate for operating a light-sport aircraft under 
Sec.  21.191(i) of this chapter'' are added.
    In paragraph (c)(3) of the final rule, the provisions proposed 
paragraph (c) regarding training requirements are revised to read 
``only perform maintenance, preventive maintenance, and an alteration 
on a light-sport aircraft that is in the same class of light-sport 
aircraft for which the holder has completed the training specified in 
paragraph (a)(3)(ii) of this section. Before performing a major repair, 
the holder must complete additional training acceptable to the FAA and 
appropriate to the repair performed.''
    Proposed paragraph (d) is adopted as paragraph (c) of Sec.  65.103.
    A new paragraph (d) is added in the final rule to prohibit a 
repairman (light-sport aircraft) with a maintenance rating from 
approving for return to service any aircraft or part thereof unless 
that person has previously performed the work concerned satisfactorily. 
That paragraph also permits a person who has not previously performed 
that work to show the ability to do the work by performing it to the 
satisfaction of the FAA or certain specified certificate holders. It 
also requires the repairman to understand the current instructions of 
the manufacturer and the maintenance manuals for the specific operation 
concerned prior to exercising certificate privileges.

V.7. Part 91--General Operating and Flight Rules

V.7.A. Part 91--General Issues

    Some commenters expressed concern that a light-sport aircraft with 
operating limitations permitting flights into Class B, C, and D 
airspace would not have the same equipment and inspection requirements 
as standard category aircraft. It was not the FAA's intent to except 
light-sport aircraft from part 91 requirements with regard to required 
equipment to operate in Class B, C, or D airspace. The FAA notes that 
the provisions of Sec. Sec.  91.129, 91.130, and 91.131 will continue 
to apply to light-sport aircraft operated in Class B, C, and D 
airspace. However, the provisions of Sec.  91.205 will not apply to 
experimental or special light-sport aircraft. That section only applies 
to powered civil aircraft with a standard category U.S. airworthiness 
certificate. To ensure that special light-sport aircraft are 
appropriately equipped for the various types of operations for which 
they may be used, the FAA has revised the definition of ``consensus 
standard'' in Sec.  1.1 to include a requirement that the standard 
address minimum equipment requirements. Any aircraft built under a 
consensus standard will therefore have to meet the minimum equipment 
requirements prescribed by that standard to be certificated as a 
special light-sport aircraft. The equipment requirements for 
experimental light-sport aircraft remain identical to current part 91 
requirements.
    Light-sport aircraft issued an experimental light-sport or special 
light-sport airworthiness certificate that are authorized to operate in 
Class B, C, and D airspace must have the equipment for VFR or IFR 
operations specified in the applicable consensus standards and any 
other equipment specified by the operating requirements contained in 
subpart C of part 91. In addition, aircraft that operate under IFR must 
comply with the altimeter tests and inspections required by Sec.  
91.411. Aircraft required to have a transponder must comply with

[[Page 44851]]

the tests and inspections required by Sec.  91.413. These inspections 
and tests must be performed and approved in accordance with appendixes 
E and F of part 43.
    The FAA received comments suggesting that light-sport aircraft 
should not be required to have emergency locator transmitters (ELTs). 
ELT equipment requirements are specified in Sec.  91.207 and apply to 
certain U.S.-registered civil airplanes and operations. The regulatory 
requirements for ELTs are mandated by 49 United States Code section 
44712. The FAA cannot modify Sec.  91.207 to contradict provisions 
contained in the U.S. Code.
    Section 91.207 applies to U.S.-registered civil airplanes, and not 
to all aircraft; therefore, some light sport aircraft will not be 
required to comply with that section. Section 91.207 also contains 
several provisions excepting some airplanes and operations from its 
coverage. An example particularly relevant to light-sport aircraft is 
the exception for aircraft equipped to carry not more than one person. 
The final rule does not modify ELT requirements, as those requirements 
are mandated by statute. Owners and operators should consult Sec.  
91.207 to determine if their aircraft or operation is covered by the 
requirement.
    Several commenters wanted the FAA to amend Sec.  91.215, ATC 
transponder and altitude reporting equipment and use, so that 
transponders would not be required for light-sport aircraft. The FAA 
does not agree with the commenters. Section 91.215 applies to all 
aircraft when flying in certain airspace, unless a specified exception 
applies. Those who wish to operate light-sport aircraft must meet the 
provisions of Sec.  91.215. The manner in which an aircraft is 
certificated, its operational parameters, and the training received by 
the pilot operating that aircraft does not change the FAA's underlying 
rationale for the implementation of Sec.  91.215.
    Two commenters suggested that paragraph (a) of Sec.  91.109, 
Simulated instrument flight instruction, be revised to add a specific 
definition of dual controls for powered parachutes, given the unique 
method of controlling those aircraft. They requested that ``in the case 
of a powered parachute, full dual controls are defined as a 
configuration that allows, while in flight, for the instructor and 
student to manipulate throttle, engine kill switch, and steering 
lines.'' The FAA does not believe a change to the rule is necessary. 
The FAA believes that a prudent flight instructor would not provide 
flight instruction without access to the throttle, engine kill switch, 
and steering lines by both the instructor and student pilot.

V.7.B. Part 91--Section-by-Section Discussion

Section 91.1 Applicability

    The FAA did not receive any comments on this section.
Changes
    The proposed rule is adopted without change.

Section 91.113 Right-of-Way Rules: Except Water Operations

    One commenter asked what rights the new light-sport aircraft 
category will have under the right-of-way rules. The right-of-way rules 
for light-sport aircraft will depend upon the category and class of 
aircraft operated. No distinction will be made for light-sport 
aircraft, other than that based upon category and class. See the 
discussion of Sec.  91.113 in the NPRM.
Changes
    The proposed rule is adopted without change.

Section 91.126 Operating on or in the Vicinity of an Airport in Class G 
Airspace

    One commenter suggested that it is unsafe to allow the operation of 
light-sport aircraft in a traffic pattern with general aviation 
aircraft traveling at higher speeds. The FAA does not agree. The FAA 
currently allows these operations by powered parachutes, weight-shift-
control aircraft and other light-sport aircraft. This practice has not 
proven unsafe, although it does require good operating procedures and 
practices. It requires that pilots have adequate training on operations 
at towered and non-towered airports where the mix of traffic can range 
from a slow J-3 Cub or Flightstar to a Citation jet. The FAA is 
reviewing Advisory Circulars and the Aeronautical Information Manual to 
ensure that they adequately address procedures for weight-shift-
control, powered parachutes and other light-sport aircraft.
    Another commenter suggested that it is unsafe to allow the 
operation of powered parachutes in a traffic pattern with general 
aviation aircraft traveling at higher speeds. The FAA notes that both 
the proposed and final rule require powered parachutes to avoid the 
flow of fixed-wing aircraft.
Changes
    The proposed rule is adopted without change.

Section 91.131 Operations in Class B Airspace

    There were several comments expressing concern about the operation 
of light-sport aircraft in Class B, C, and D airspace. Commenters 
stated that the operation of slower light-sport aircraft in close 
proximity to faster general aviation and commercial aircraft could pose 
difficulty for air traffic controllers. In response to these comments, 
the FAA is changing the final rule to provide that, like a student 
pilot, a sport or a recreational pilot will not be authorized to fly in 
Class B airspace associated with those airports listed in part 91, 
appendix D, section 4. As discussed under ``V.5.A.v. Changes to 
Airspace Restrictions,'' the FAA is also amending part 61 to provide 
that sport pilots operating in airspace having operational control 
towers must receive appropriate training to operate in that airspace.
    Some commenters noted that recreational pilots should be extended 
the same privileges under this section as sport pilots, given that 
recreational pilots are required to meet more extensive training and 
proficiency requirements. The FAA agrees and is revising this section 
to extend the same privileges to recreational pilots, provided the 
recreational pilot has met either the requirements of Sec.  61.101(d) 
or Sec.  61.94. Current Sec.  91.131(b) addresses pilot requirements 
for operations at an airport within Class B airspace or within Class B 
airspace. Paragraph (1)(ii) addresses two types of pilots--student 
pilots, and recreational pilots seeking private pilot certification who 
have met the requirements of Sec.  61.95. In this final rule, 
provisions for persons with at least a private pilot certificate remain 
in (b)(1)(i). Recreational pilots are addressed in (b)(1)(ii) and, in 
response to comments, the FAA is expanding their privileges to match 
those for sport pilots, provided they receive the training specified in 
Sec.  61.101(d) or Sec.  61.94. A new paragraph (b)(1)(iii) contains 
the proposed provision for sport pilots and also includes a provision 
to permit the person to operate at an airport in Class B airspace or 
within Class B airspace if that person has met either the requirements 
of Sec.  61.325 or the requirements for a student pilot seeking a 
recreational pilot certificate under Sec.  61.94. New paragraph 
(b)(1)(iv) provides similar privileges to a student pilot who has met 
either the requirements of Sec.  61.94 or Sec.  61.95, as applicable.
    Proposed paragraph (b)(2) is revised to remove the proposal to 
permit a sport pilot to operate an aircraft at those airports listed in 
part 91, appendix D,

[[Page 44852]]

section 4. This change is discussed in ``V.5.A.v. Changes to Airspace 
Restrictions.''
Changes
    Paragraph (b)(1)(i) of current Sec.  91.131 is revised by deleting 
the word ``or.''
    Current paragraph (b)(1)(ii) is changed in the final rule to 
include requirements for holders of a recreational pilot certificate. 
The current requirements for student pilots are removed and placed in 
new paragraph (b)(1)(iv).
    Proposed paragraph (b)(1)(ii) is reformatted and redesignated as 
(b)(1)(iii) in the final rule, now containing subparagraphs 
(b)(1)(iii)(A) and (B). In final rule paragraph (b)(1)(iii)(A), the 
proposed reference to ``section 81 of SFAR 89'' is changed to ``Sec.  
61.325 of this chapter.'' In addition, in final rule paragraph 
(b)(1)(iii)(B), the words ``the requirements for a student pilot 
seeking a recreational pilot certificate in Sec.  61.94 of this 
chapter'' are added.
    Paragraph (b)(1)(iv), based partially on current (b)(1)(2), is 
added to address the requirements for student pilots to operate at an 
airport in Class B airspace or within Class B airspace.
    Paragraph (b)(2) is changed by revising the proposed reference 
``paragraph (b)(1)(iii) of this section'' to read ``paragraphs 
(b)(1)(ii), (b)(1)(iii) and (b)(1)(iv) of this section.'' In addition, 
the proposed words ``or a sport pilot certificate and has met the 
requirements of section 81 of SFAR 89'' are removed.

Section 91.155 Basic VFR Weather Minimums

    One commenter expressed concern that VFR operations would be 
permitted at night and without lights. The commenter suggested the rule 
be amended to prohibit VFR operation of light-sport aircraft between 
sunrise and sunset, unless the aircraft were equipped with anti-
collision lights visible for at least 3 statute miles. If an aircraft 
were equipped with such lights, the commenter suggested, the FAA should 
allow VFR operations 30 minutes before sunrise and 30 minutes after 
sunset. The FAA notes that the provisions of current Sec.  91.209 apply 
to all aircraft, to include light-sport aircraft.
    Other commenters said that powered parachutes and weight-shift-
control aircraft are generally not safe for night operations without 
altitude instruments, even under VFR conditions, and recommended they 
be eliminated from Sec.  91.155.
    The FAA agrees with comments that night operations are unsafe for 
any aircraft without proper equipment installed. To be operated between 
sunset and sunrise, aircraft must have the aircraft lights required by 
Sec.  91.209, and pilots must be authorized to conduct night 
operations. Additionally, special light-sport aircraft consensus 
standards will be required to address minimum equipment requirements 
for VFR night operations. Experimental light-sport aircraft minimum 
equipment requirements for these operations will be specified in their 
operating limitations. A sport pilot is not authorized to operate at 
night, and a recreational pilot is not authorized to operate between 
sunset and sunrise. A private pilot who does not have a night flying 
prohibition on his or her pilot certificate may operate a light-sport 
aircraft at night if the aircraft is properly equipped. The FAA notes 
that Sec.  61.110 is revised to permit a person to be issued a private 
pilot certificate with a rating in weight-shift-control aircraft, 
powered parachutes, or gyroplanes, even if that person has not 
completed the night flight training requirements for the issuance of 
the certificate and rating. The certificate will, however, carry the 
limitation ``Night flying prohibited.'' See Sec.  61.110 for further 
discussion.
Changes
    In paragraph (b)(2), the words ``between 1 and 3 statute miles'' 
are changed to ``less than 3 statute miles but not less than 1 statute 
mile.''

Section 91.213 Inoperative Instruments and Equipment

    The FAA received two comments on this section. One commenter asked 
if light-sport aircraft must meet the instrument requirements of Sec.  
91.213. Yes, light-sport aircraft must meet the provisions of Sec.  
91.213.
    Another commenter believed that all light-sport aircraft, except 
powered parachutes and weight-shift-control aircraft, are already 
included in current Sec.  91.213(d)(1)(i), and, therefore, paragraph 
(d) should be amended to change the words ``or light-sport aircraft'' 
to say ``powered parachute or weight-shift-control aircraft.'' The FAA 
agrees that the current Sec.  91.213(d) does not specifically address 
powered parachutes or weight-shift-control aircraft. As stated in the 
notice, the FAA intends that the provisions of Sec.  91.213(d) apply to 
all the kinds of light-sport aircraft to include powered parachutes and 
weight-shift-control aircraft. However, to ensure that the provisions 
of this section apply to powered parachutes and weight-shift-control 
aircraft that may exceed the parameters of the light-sport aircraft, 
the FAA is revising the proposed rule language to change the words ``or 
light-sport aircraft'' to ``powered parachute or weight-shift-control 
aircraft.''
Changes
    The proposed rule is adopted without change.

Section 91.309 Towing: Gliders and Unpowered Ultralight Vehicles

    The FAA received numerous comments on eliminating towing exemptions 
from Sec. Sec.  91.309 and 103.1(b) and incorporating the provisions of 
the exemptions in the final rule. Although not proposed, the FAA is 
amending Sec.  91.309 to establish operational requirements for towing 
an unpowered ultralight vehicle by a civil aircraft. Current section 
Sec.  91.309 only addresses requirements for the towing of gliders by 
civil aircraft. Since Sec.  61.69 is amended to establish specific 
experience and training requirements for pilots towing unpowered 
ultralight vehicles, the FAA believes it is also appropriate to 
establish specific requirements to operate a civil aircraft towing an 
unpowered ultralight vehicle. These new operational requirements for 
towing unpowered ultralight vehicles are identical to current 
operational requirements for towing gliders. Prior to this rule, both 
Sec.  61.69 and Sec.  91.309 only contained requirements addressing the 
towing of gliders. See discussion of Sec.  61.69 above.
Changes
    In Sec.  91.309, the section heading, and paragraphs (a) 
introductory text, (a)(3), (a)(5), and (b) are amended by adding the 
words, ``or unpowered ultralight vehicle'' after the word ``glider.''

Section 91.319 Aircraft Having Experimental Certificates: Operating 
Limitations

    Section 91.319(a)(2) of the NPRM proposed an exception to the 
limitation on the use of aircraft with an experimental certificate 
issued under Sec.  21.191(i)(1) for carrying persons or property for 
compensation or hire. The exception would have allowed flight training 
in these aircraft for compensation or hire for an indefinite period.
    As discussed more fully under Sec.  91.327, the FAA is modifying 
how operations for compensation or hire are addressed in the final 
rule. As a result, the FAA is not adopting (a)(2) as proposed, but 
instead is adopting a provision in new paragraph (e) that addresses 
operations conducted for compensation or hire and is not limited to the 
carriage of persons or property for compensation or hire. Section 
91.319(e)

[[Page 44853]]

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

[[Page 44854]]

or to conduct flight training for compensation or hire.
    New paragraph (h) (proposed as paragraph (f)) is changed to also 
require that the justification for the request for deviation authority 
must establish a level of safety equivalent to that provided under the 
regulations for the deviation requested.

Section 91.327 Aircraft Having a Special Airworthiness Certificate in 
the Light-Sport Category: Operating Limitations

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

[[Page 44855]]

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

[[Page 44856]]

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

[[Page 44857]]

vehicle in accordance with Sec.  91.309, or to conduct flight training.
    Proposed paragraph (a)(1) is not adopted.
    In proposed paragraph (a)(2), the compensation or hire provisions 
are retained in paragraph (a) of the final rule; however, the words 
``carrying persons or property'' and ``or for rental'' are removed. The 
paragraph is further revised to permit special light-sport aircraft to 
be used for compensation or hire while towing a glider or an unpowered 
ultralight vehicle in accordance with Sec.  91.309.
    Proposed paragraphs (a)(3) through (a)(5), which addressed 
maintenance, condition inspections, and safety-of-flight issues, are 
revised and moved to paragraph (b) of the final rule, as described 
below.
    Proposed paragraph (b) provisions are moved to paragraph (c) in the 
final rule, as described below.
    Paragraph (b)(1) (proposed as paragraph (a)(3)) is modified in the 
final rule to reflect that special light-sport aircraft must be 
maintained in accordance with the applicable provisions of part 43. In 
addition, the words ``aircraft manufacturer's maintenance and 
inspection procedures'' are changed to ``maintenance and inspection 
procedures developed by the aircraft manufacturer or a person 
acceptable to the FAA.''
    Paragraph (b)(2) (proposed as paragraph (a)(4)) is modified in the 
final rule by changing the words ``aircraft manufacturer's maintenance 
and inspection procedures'' to ``inspection procedures developed by the 
aircraft manufacturer or a person acceptable to the FAA.'' In addition, 
the term ``repairman with a light-sport aircraft maintenance rating'' 
is changed to ``repairman (light-sport aircraft) with a maintenance 
rating.''
    Paragraph (b)(3) is added to the final rule to require an owner or 
operator to comply with all applicable airworthiness directives.
    Paragraph (b)(4) (proposed as paragraph (a)(5)) is modified in the 
final rule to require compliance with safety directives. The paragraph 
also describes procedures for alternative compliance with safety 
directives.
    Paragraph (b)(5) is added to the final rule to require that each 
alteration done after an aircraft's date of manufacture meets the 
applicable and current consensus standard and has been authorized by 
either the manufacturer or a person acceptable to the FAA.
    Paragraph (b)(6) is added in the final rule. The paragraph requires 
that each major alteration to an aircraft product produced under a 
consensus standard is authorized, performed and inspected in accordance 
with maintenance and inspection procedures developed by the 
manufacturer or a person acceptable to the FAA.
    Paragraph (b)(7) is added in the final rule. The paragraph requires 
an owner or operator to comply with the requirements for the recording 
and retention of records for major repairs and major alterations 
performed on type-certificated products.
    Proposed paragraph (c) is moved to paragraph (f) in the final rule, 
as discussed below.
    Paragraph (c) (proposed as paragraph (b)) is expanded in the final 
rule. The proposal addressed aircraft used to provide flight 
instruction. In the final rule, the paragraph addresses aircraft used 
for compensation or hire to tow gliders or unpowered ultralight 
vehicles or to conduct flight training. To be operated for this flight 
instruction or towing, an aircraft must be inspected in accordance with 
inspection procedures developed by the aircraft manufacturer or person 
acceptable to the FAA and approved for return to service in accordance 
with part 43 within the last 100 hours of time in service. 
Alternatively, to meet this requirement, an aircraft can be inspected 
for the issuance of an airworthiness certificate. The original proposal 
only would have permitted a condition inspection to be performed and 
only addressed flight training.
    Paragraph (d) is added in the final rule. It requires the operator 
of a special light-sport aircraft to operate the aircraft in accordance 
with its operating instructions, including the equipment requirements 
specified in the aircraft's equipment list.
    Paragraph (e) is added in the final rule. It contains a requirement 
that the operator of a special light-sport aircraft advise each person 
carried of the special nature of the aircraft and that it does not meet 
the airworthiness requirements for a standard category aircraft.
    Paragraph (f) (proposed as paragraph (c)) is adopted with minor 
wording changes.

Section 91.409 Inspections

    This section is revised to correct the proposed language. The NPRM 
stated that paragraphs (a) and (b) would not apply to ``an aircraft 
that carries the following special airworthiness certificates: special 
flight permit, light-sport aircraft, current experimental, or 
provisional.'' In the final rule, the FAA is eliminating the 
unnecessary reference to special airworthiness certificates. 
Additionally, the FAA is changing the proposed term ``light-sport 
aircraft'' to ``light-sport.'' This change conforms with the 
terminology adopted in part 21.
    Proposed paragraph (c)(1) of this section would have required that 
inspections mandated by paragraphs (a) and (b) not apply to aircraft 
that carry special flight permits, current experimental, light-sport or 
provisional airworthiness certificates. The FAA received one comment 
requesting that the FAA differentiate between the [special] light-sport 
category and the light-sport experimental category because experimental 
aircraft have always had specific limitations to control inspection, 
repair, and alteration. The FAA notes that experimental aircraft, such 
as amateur-built aircraft, are not subject to the inspection 
requirements of paragraphs (a) and (b) and only require an annual 
condition inspection. Special light-sport aircraft are also not subject 
to the inspection requirements of paragraphs (a) and (b); however, the 
operating limitations set forth in Sec.  91.327 impose requirements for 
a condition inspection every 12 calendar months and an inspection 
within the preceding 100 hours of time in service if the aircraft has 
been used for certain operations.
Changes
    Paragraph (c)(1) is adopted with no substantive change.

Appendix D to Part 91

    The introductory text of Section 4 is revised to prohibit sport and 
recreational pilot operations at those 12 airports specified in the 
section. Section 91.131(b)(2) states that no person may take off or 
land a civil aircraft at those airports listed in that section unless 
the pilot in command holds at least a private pilot certificate. 
Section 4 is revised to be consistent with the provisions of Sec.  
91.131(b)(2).
Changes
    The section heading and the introductory text of Section 4 are 
revised as discussed above.

VI. Plain Language

    Executive Order 12866 (58 FR 51735, Oct. 4, 1993) requires each 
agency to write regulations that are simple and easy to understand. In 
the NPRM, the FAA used Plain Language techniques, such as question-and-
answer format, use of pronouns, short sentences, and clear outlining of 
the preamble discussion. One of the questions the FAA asked for the On-
Line Forum was whether readers found the document clear and easy to 
understand. Approximately 70 people responded.

[[Page 44858]]

    About a dozen commenters said they did not find the NPRM easier to 
read, but most did not go into detail.
    About 30 others said that they thought the format of the NPRM was a 
great improvement over other regulations, but that the complexity of 
the subject and the length of the document made it still somewhat 
difficult to follow. Some said they did not like having to read 
references to other regulations elsewhere in 14 CFR that were not 
reproduced in the NPRM, or that they thought those regulations should 
have been rewritten to match the plain language style of the new 
regulations. Some said that they had concerns that some provisions 
could be misinterpreted, or that the NPRM did not answer all of the 
questions they had. The FAA agrees that it would be best to revise all 
of the related sections in 14 CFR in plain language format and 
reproduce them in one document for the reader's convenience; however, 
such a large task would have caused a considerable delay and resulted 
in a much longer document. The FAA is clarifying and simplifying other 
regulations throughout 14 CFR as opportunities arise; that is, when the 
FAA revises any sections of 14 CFR in other rulemaking actions, it is 
using clearer language.
    The remaining commenters (approximately 30) said that they did find 
the NPRM clear and easy to read, and they appreciated the FAA's efforts 
to write it in plain language.

VII. Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the FAA submitted a copy of the information collection 
requirements(s) in this final rule to the Office of Management and 
Budget (OMB) for its review. An agency may not collect or sponsor the 
collection of information, nor may it impose an information collection 
requirement unless it displays a currently valid OMB control number. 
Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.
    This rule contains information collections that are subject to 
review by OMB under the Paperwork Reduction Act of 1995 (Pub. L. 104-
13). OMB approved the collection of this information and assigned OMB 
Control Number 2120-0690. This rule was proposed in the Federal 
Register of February 5, 2002. At that time, the FAA requested public 
comments on the proposed information collection requirements. Some 
commenters stated that it would be an unnecessary expense for 
ultralight pilots seeking a sport pilot certificate to provide 
notarized copies of ultralight association records. The FAA agrees with 
the commenters and is removing the requirement that the copies be 
notarized. See the discussion of Sec.  61.329 above.
    The description of the annual burden is shown below.
    Description of Respondents: Manufacturers, aircraft owners, pilots, 
flight instructors with a sport pilot rating, and maintenance 
personnel.
    Estimated Burden: The FAA expects that this rule will affect those 
dealing with the certification, operation, maintenance, and manufacture 
of light-sport aircraft, as well as flight instructors with a sport 
pilot rating.
    The final rule, which imposes additional reporting and 
recordkeeping requirements, will have the following impacts, by CFR 
part number:

------------------------------------------------------------------------
                                             Time  (in
                  Part                        hours)           Cost
------------------------------------------------------------------------
21......................................       53,849.80      $2,965,211
47......................................        6,134.75         202,194
61 (Pilots).............................       10,676.67       1,185,993
61 (Instructors)........................          376.99          54,039
43, 65, 91 (Maintenance)................           1,316       2,147,791
183.....................................        233.1717          17,841
                                         -----------------
    Total...............................       72,582.38       6,573,069
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                             Time  (in
                Category                      hours)           Cost
------------------------------------------------------------------------
Aircraft certification..................           5,429        $397,027
Pilot and instructor qualifications.....             795          41,537
Maintenance.............................             803          45,479
Miscellaneous...........................          928.39          39,690
                                         -----------------
    Total...............................        7,955.39         523,733
------------------------------------------------------------------------

VIII. International Compatibility

    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. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this regulation.

IX. Economic Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency to 
propose or adopt a regulation only upon a reasoned determination that 
the benefits of the intended regulation justify its costs. Second, the 
Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic impact of regulatory changes on small entities. Third, the 
Trade Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from 
setting standards that create unnecessary obstacles to the foreign 
commerce of the United States. In developing U.S.

[[Page 44859]]

standards, this Trade Agreements Act also requires agencies to consider 
international standards and, where appropriate, use them as the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation).
    In conducting these analyses, FAA has determined this rule (1) has 
benefits that justify its costs, is a ``significant regulatory action'' 
as defined in section 3(f) of Executive Order 12866 and is 
``significant'' as defined in DOT's Regulatory Policies and Procedures; 
(2) will not have a significant economic impact on a substantial number 
of small entities; (3) will not result in an international trade 
disadvantage; and (4) does 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.

Total Costs and Benefits of This Rulemaking

    The estimated cost of this final rule is $221.0 million ($158.4 
million, discounted). The estimated potential benefits fall within the 
range of $85.3 million (the set of preventable NTSB accidents) and 
$325.4 million (the set of preventable NTSB accidents and the 
preventable association accidents). The discount benefits range between 
$57.7 million and $220.3 million.

Who Is Potentially Affected by This Rulemaking?

Private Sector
     All 14,000 pilots of unregistered ultralight-like aircraft 
must obtain sport pilot certifications, must have their aircraft 
inspected and certified, and must have their aircraft maintained by 
appropriately trained repairmen.
     Existing uncertified vehicles that fit the definition of 
light-sport aircraft will not be issued experimental certificates after 
August 31, 2007.
     Manufacturers of aircraft will produce special light sport 
aircraft certificated under Sec.  21.190 that adhere to manufacturer's 
consensus standards.
     New kit-built light-sport aircraft that are produced under 
consensus standards will have to be certified as experimental light-
sport aircraft, under Sec.  21.191(i)(2).
     New factory built light-sport aircraft produced under 
consensus standards may be certified as special light-sport aircraft or 
as experimental light-sport aircraft.
     Current ultralight instructors operating under the part 
103 training exemption that receive a flight instructor certificate 
with a sport pilot rating and plan to continue flight instructing will 
have to replace their existing training aircraft within five years 
after the rule is enacted with a certificated special light-sport 
aircraft (Sec.  21.190) in order to continue to offer training for 
compensation.
     Sport pilot organizations or some for-profit organizations 
will develop training courses for instructors with a sport pilot rating 
to purchase.
     Some existing aircraft will fit the definition of light-
sport aircraft and anyone with a sport pilot certificate will be 
allowed to fly them provided they are only exercising sport pilot 
privileges. Under the current rules a private or recreational pilot 
certificate would be required to operate these aircraft.
     New sport pilot Designated Airworthiness Representatives 
(DARs) for light-sport aircraft will need to take a three-day training 
course in order to issue airworthiness certificates for light sport 
aircraft.
     New Designated Pilot Examiners (DPEs) for sport pilots 
will have to take a five-day training course in order to prepare them 
to examine sport pilots and sport pilot instructors.
     The FAA will work with industry in developing and 
overseeing the consensus standards.
     The FAA will develop Advisory Circulars, orders, and 
articles for the light sport repairman course requirements.
     The FAA will develop and provide training programs for 
Designated Airworthiness Representatives, and Designated Pilot 
Examiners.
     The FAA will appoint, supervise and renew light-sport 
DARs, and sport pilot DPEs.
     The FAA will develop practical test standards and 
knowledge test standards for prospective sport pilots and flight 
instructors with a sport pilot rating applying for certification.
     Each light-sport aircraft issued an experimental 
certificate or a special light-sport airworthiness certificate will be 
registered in the FAA Civil Aviation Registry.
     The NTSB will investigate accidents involving light-sport 
aircraft.
The FAA's Cost Assumptions and Sources of Information
     Discount rate--7%.
     Period of analysis--2004 through 2013.
     All monetary values are expressed in 2002 dollars.
     Number of existing aircraft and pilots/instructors 
affected--15,300.
     The number of new sport pilots is estimated to be 400 for 
each of the first two years. The number of new sport pilots will 
increase by 400 every two years, so by 2012 and 2013 there will be 
2,000 new sport pilots each year for a total of 12,000 new sport pilots 
over ten years. The number of new sport pilot instructors is estimated 
to be 70 for each of the first two years (2004-2005). The number of new 
sport pilot instructors will increase by 20 every two years, so by 2012 
and 2013 there will be 150 new sport pilot instructors each year for a 
total of 1,100 new sport pilot instructors over ten years. The new 
instructors will come from the existing sport pilots or new sport 
pilots from prior years.
     From 2006 to 2013 the affected population of pilots and 
instructors will grow at 6.82 percent a year. This rate was used in 
projecting future accidents.
     Value of fatality avoided--$3.0 million.
     Value of serious injury avoided--$580,700.
     Value of avoiding destroyed aircraft--$18,083.
     Value of avoiding substantially damaged aircraft--$9,041.

Alternatives the FAA Considered

    Alternative One--Status Quo: 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 
the FAA wants to avoid.
    Alternative Two--Strictly Enforce Current Regulations: The second 
alternative is to strictly enforce the current rules that could apply 
to sports pilots. The problem with this is that the existing rules on 
these types of operations and aircraft were developed long before 
sports pilots became a large and growing part of aviation. The current 
rules, if strictly enforced, would result in very costly requirement 
requirements. From 2004 to 2013, the total cost of this alternative 
will be approximately $478 million ($368 million discounted).

Benefits of This Rulemaking

    The FAA has performed an analysis of potential safety benefits of 
this rule. Safety benefits are the number of accidents that may be 
avoided because of the rule, with their attendant fatalities, injuries 
and property damage.
    This analysis estimated accidents prevented from two sets of data. 
One set of data was U.S. Government data--the

[[Page 44860]]

NTSB and NASDAC databases that included accidents involving 
certificated and uncertificated aircraft that meet the definition of 
light-sport aircraft. The second set was from three of the FAA 
recognized ultralight organizations that contained records of accidents 
of aircraft meeting the definition of light-sport aircraft, but were 
not FAA certificated.
    Accidents from the government databases included 19 between 1995 
and 2002 that would likely be prevented by this rule. The projected 
total estimated benefits from avoiding those accidents that were in the 
U.S. Government databases are $85.3 million ($57.7 million, discounted) 
over the next ten years.
    A review of the information from the trade organizations revealed 
that there were 57 accidents between 1995 and 2002 that involved light-
sport type aircraft. The estimated potential benefits fall within the 
range of $85.3 million (the set of preventable NTSB accidents) and 
$325.4 million (the set of preventable NTSB accidents and the 
preventable association accidents). The discounted benefits range 
between $57.7 million and $220.3 million.

Costs of This Rulemaking

    From 2004 to 2013, the total cost of the rule will be approximately 
$221.0 million ($158.4 million, discounted). The total cost of the rule 
consists of private sector costs and government costs. Private sector 
costs will be approximately $202.0 million ($144.5 million, 
discounted), of which $139.5 million ($98.9 million, discounted) 
represent the out-of-pocket costs. Government costs will be 
approximately $18.9 million ($13.9 million, discounted).

Differences in the NPRM Economic Evaluation and the Final Rule Economic 
Evaluation

    Estimated costs and benefits have changed significantly in the 
final rule regulatory evaluation from the NPRM regulatory evaluation. 
The NPRM estimated costs of $40.3 million ($33.9 million, discounted) 
in 1999 dollars, while the final rule cost estimates are $221.0 million 
($158.4 million, discounted) in 2002 dollars. The NPRM estimated 
benefits of $221.4 million ($153.3 million, discounted) and the final 
rule estimates the potential benefits to fall within the range of $85.3 
million and $325.4 million (between $57.7 million and $220.3 million, 
discounted).

X. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit 
regulatory requirements to the scale of the business, organizations, 
and governmental jurisdictions subject to the regulation. The FAA is 
required to determine whether a proposed or final action will have a 
``significant economic impact on a substantial number of small 
entities'' as they are defined in the Act. If the FAA finds that the 
action will have a significant impact, the FAA must do a ``regulatory 
flexibility analysis.''
    Most of the individual sport pilots impacted by this rulemaking are 
people who are flying as a hobby. The Regulatory Flexibility Act does 
not apply to them. However, some of the sport pilot instructors are 
providing instruction as a business endeavor, and in these cases the 
Regulatory Flexibility Act does apply. Costs imposed on instructors are 
between $6,000 and $7,000 over a ten-year period. This cost does not 
include any cost for the maintenance repair class. The rule allows a 
sport pilot with an instructor rating to take this class; the rule does 
not mandate it. For this reason, the cost of this class is not 
considered in this regulatory flexibility determination. On an 
annualized basis, these imposed costs are between $630 and $820, which 
the FAA does not consider as significant costs. Some existing 
instructors will have to acquire a new light sport aircraft within five 
years if they plan to continue instructing student sport pilots. A 
little over a quarter of the new and existing sport pilot instructors 
would be impacted by this provision of the rule. For these instructors, 
if they are not able to sell their old light sport aircraft, the ten 
year imposed cost of this rule could be as high as $11,700 or $1,220 
annualized (in most cases the cost would be less). For some weekend 
instructors these costs may be more than what they may wish to incur, 
and they would stop being instructors. The FAA does not believe this 
will occur, because the FAA believes that most, possibly all, of these 
instructors will be able to sell their old light sport aircraft that 
this rule requires them to replace. By selling their old light sport 
aircraft, these impacted instructors could reduce the ten-year costs 
imposed by this provision to about $6,000, which could reduce their 
annualized costs to $630. The FAA does not consider this to be a 
significant cost. Consequently, the FAA certifies that the rule will 
not have a significant economic impact on a substantial number of sport 
pilot instructors.

XI. International Trade Impact Assessment

    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 will not 
present a significant impediment to either U.S. firms doing business 
aboard or foreign firms doing business in the United States. The 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 will take place is based on the 
premise that the number of the requirements contained in the rule 
(namely, aircraft certification standards) essentially mirrors those 
that already exist internationally.

XII. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) 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 an expenditure of $100 
million or more (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.'' The FAA currently uses an inflation-adjusted value 
of $120.7 million in lieu of $100 million.
    Since the compliance cost of the rule does not exceed $100 million 
in any of the years, the rule does not contain such a mandate. 
Therefore, the requirements of Title II of the Unfunded Mandates Reform 
Act of 1995 do not apply.

XIII. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of

[[Page 44861]]

Executive Order 13132, Federalism. The FAA determined that this action 
will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and therefore does not have federalism implications.

XIV. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312f. and involves no extraordinary 
circumstances.

XV. Energy Impact

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

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, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Teachers.

14 CFR Part 65

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

14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation Safety, 
Noise control, Reporting and recordkeeping requirements.

The Amendments

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR chapter I as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

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

0
2. Amend Sec.  1.1 by adding the following definitions in alphabetical 
order to read as follows:


Sec.  1.1  General definitions.

* * * * *
    Consensus standard means, for the purpose of certificating light-
sport aircraft, an industry-developed consensus standard that applies 
to aircraft design, production, and airworthiness. It includes, but is 
not limited to, standards for aircraft design and performance, required 
equipment, manufacturer quality assurance systems, production 
acceptance test procedures, operating instructions, maintenance and 
inspection procedures, identification and recording of major repairs 
and major alterations, and continued airworthiness.
* * * * *
    Light-sport aircraft means an aircraft, other than a helicopter or 
powered-lift that, since its original certification, has continued to 
meet the following:
    (1) A maximum takeoff weight of not more than--
    (i) 660 pounds (300 kilograms) for lighter-than-air aircraft;
    (ii) 1,320 pounds (600 kilograms) for aircraft not intended for 
operation on water; or
    (iii) 1,430 pounds (650 kilograms) for an aircraft intended for 
operation on water.
    (2) A maximum airspeed in level flight with maximum continuous 
power (VH) of not more than 120 knots CAS under standard 
atmospheric conditions at sea level.
    (3) A maximum never-exceed speed (VNE) of not more than 
120 knots CAS for a glider.
    (4) A maximum stalling speed or minimum steady flight speed without 
the use of lift-enhancing devices (VS1) of not more than 45 
knots CAS at the aircraft's maximum certificated takeoff weight and 
most critical center of gravity.
    (5) A maximum seating capacity of no more than two persons, 
including the pilot.
    (6) A single, reciprocating engine, if powered.
    (7) A fixed or ground-adjustable propeller if a powered aircraft 
other than a powered glider.
    (8) A fixed or autofeathering propeller system if a powered glider.
    (9) A fixed-pitch, semi-rigid, teetering, two-blade rotor system, 
if a gyroplane.
    (10) A nonpressurized cabin, if equipped with a cabin.
    (11) Fixed landing gear, except for an aircraft intended for 
operation on water or a glider.
    (12) Fixed or repositionable landing gear, or a hull, for an 
aircraft intended for operation on water.
    (13) Fixed or retractable landing gear for a glider.
* * * * *
    Powered parachute means a powered aircraft comprised of a flexible 
or semi-rigid wing connected to a fuselage so that the wing is not in 
position for flight until the aircraft is in motion. The fuselage of a 
powered parachute contains the aircraft engine, a seat for each 
occupant and is attached to the aircraft's landing gear.
* * * * *
    Weight-shift-control aircraft means a powered aircraft with a 
framed pivoting wing and a fuselage controllable only in pitch and roll 
by the pilot's ability to change the aircraft's center of gravity with 
respect to the wing. Flight control of the aircraft depends on the 
wing's ability to flexibly deform rather than the use of control 
surfaces.
* * * * *

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

0
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.


0
4. Amend Sec.  21.175 by revising paragraph (b) to read as follows:


Sec.  21.175  Airworthiness certificates: classification.

* * * * *
    (b) Special airworthiness certificates are primary, restricted, 
limited, light-sport, and provisional airworthiness certificates, 
special flight permits, and experimental certificates.

0
5. Amend Sec.  21.181 by redesignating paragraph (a)(3) as paragraph 
(a)(4) and revising it to read as follows, and adding new paragraph 
(a)(3) to read as follows:


Sec.  21.181  Duration.

    (a) * * *
    (3) A special airworthiness certificate in the light-sport category 
is effective as long as--

[[Page 44862]]

    (i) The aircraft meets the definition of a light-sport aircraft;
    (ii) The aircraft conforms to its original configuration, except 
for those alterations performed in accordance with an applicable 
consensus standard and authorized by the aircraft's manufacturer or a 
person acceptable to the FAA;
    (iii) The aircraft has no unsafe condition and is not likely to 
develop an unsafe condition; and
    (iv) The aircraft is registered in the United States.
    (4) An experimental certificate for research and development, 
showing compliance with regulations, crew training, or market surveys 
is effective for 1 year after the date of issue or renewal unless the 
FAA prescribes a shorter period. The duration of an experimental 
certificate issued for operating amateur-built aircraft, exhibition, 
air-racing, operating primary kit-built aircraft, or operating light-
sport aircraft is unlimited, unless the FAA establishes a specific 
period for good cause.
* * * * *

0
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.
* * * * *

0
7. Add Sec.  21.190 to read as follows:


Sec.  21.190  Issue of a special airworthiness certificate for a light-
sport category aircraft.

    (a) Purpose. The FAA issues a special airworthiness certificate in 
the light-sport category to operate a light-sport aircraft, other than 
a gyroplane.
    (b) Eligibility. To be eligible for a special airworthiness 
certificate in the light-sport category:
    (1) An applicant must provide the FAA with--
    (i) The aircraft's operating instructions;
    (ii) The aircraft's maintenance and inspection procedures;
    (iii) The manufacturer's statement of compliance as described in 
paragraph (c) of this section; and
    (iv) The aircraft's flight training supplement.
    (2) The aircraft must not have been previously issued a standard, 
primary, restricted, limited, or provisional airworthiness certificate, 
or an equivalent airworthiness certificate issued by a foreign civil 
aviation authority.
    (3) The aircraft must be inspected by the FAA and found to be in a 
condition for safe operation.
    (c) Manufacturer's statement of compliance for light-sport category 
aircraft. The manufacturer's statement of compliance required in 
paragraph (b)(1)(iii) of this section must--
    (1) Identify the aircraft by make and model, serial number, class, 
date of manufacture, and consensus standard used;
    (2) State that the aircraft meets the provisions of the identified 
consensus standard;
    (3) State that the aircraft conforms to the manufacturer's design 
data, using the manufacturer's quality assurance system that meets the 
identified consensus standard;
    (4) State that the manufacturer will make available to any 
interested person the following documents that meet the identified 
consensus standard:
    (i) The aircraft's operating instructions.
    (ii) The aircraft's maintenance and inspection procedures.
    (iii) The aircraft's flight training supplement.
    (5) State that the manufacturer will monitor and correct safety-of-
flight issues through the issuance of safety directives and a continued 
airworthiness system that meets the identified consensus standard;
    (6) State that at the request of the FAA, the manufacturer will 
provide unrestricted access to its facilities; and
    (7) State that the manufacturer, in accordance with a production 
acceptance test procedure that meets an applicable consensus standard 
has--
    (i) Ground and flight tested the aircraft;
    (ii) Found the aircraft performance acceptable; and
    (iii) Determined that the aircraft is in a condition for safe 
operation.
    (d) Light-sport aircraft manufactured outside the United States. 
For aircraft manufactured outside of the United States to be eligible 
for a special airworthiness certificate in the light-sport category, an 
applicant 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 a Bilateral Airworthiness Agreement concerning 
airplanes or Bilateral Aviation Safety Agreement with associated 
Implementation Procedures for Airworthiness concerning airplanes, or an 
equivalent airworthiness agreement; and
    (2) The aircraft is eligible for an airworthiness certificate, 
flight authorization, or other similar certification in its country of 
manufacture.

0
8. Amend Sec.  21.191 by revising the heading 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. Operating a light-sport 
aircraft that--
    (1) Has not been issued a U.S. or foreign airworthiness certificate 
and does not meet the provisions of Sec.  103.1 of this chapter. An 
experimental certificate will not be issued under this paragraph for 
these aircraft after August 31, 2007;
    (2) Has been assembled--
    (i) From an aircraft kit for which the applicant can provide the 
information required by Sec.  21.193(e); and
    (ii) In accordance with manufacturer's assembly instructions that 
meet an applicable consensus standard; or
    (3) Has been previously issued a special airworthiness certificate 
in the light-sport category under Sec.  21.190.

0
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), an applicant 
must provide the following:
    (1) Evidence that an aircraft of the same make and model was 
manufactured and assembled by the aircraft kit manufacturer and issued 
a special airworthiness certificate in the light-sport category.
    (2) The aircraft's operating instructions.
    (3) The aircraft's maintenance and inspection procedures.
    (4) The manufacturer's statement of compliance for the aircraft kit 
used in the aircraft assembly that meets Sec.  21.190(c), except that 
instead of meeting Sec.  21.190(c)(7), the statement must identify 
assembly instructions for the aircraft that meet an applicable 
consensus standard.
    (5) The aircraft's flight training supplement.
    (6) In addition to paragraphs (e)(1) through (e)(5) of this 
section, for an aircraft kit manufactured outside of the United States, 
evidence that the aircraft kit was manufactured in a country with which 
the United States has a Bilateral Airworthiness Agreement concerning

[[Page 44863]]

airplanes or a Bilateral Aviation Safety Agreement with associated 
Implementation Procedures for Airworthiness concerning airplanes, or an 
equivalent airworthiness agreement.

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

0
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, 44725.


0
11. Amend Sec.  43.1 by:
0
a. Revising the introductory text of paragraph (a);
0
b. Revising paragraph (b); and
0
c. Adding paragraph (d).
    The revisions and additions read as follows:


Sec.  43.1  Applicability.

    (a) Except as provided in paragraphs (b) and (d) of this section, 
this part prescribes rules governing the maintenance, preventive 
maintenance, rebuilding, and alteration of any--
* * * * *
    (b) This part does not apply to any aircraft for which the FAA has 
issued an experimental certificate, unless the FAA has previously 
issued a different kind of airworthiness certificate for that aircraft.
* * * * *
    (d) This part applies to any aircraft issued a special 
airworthiness certificate in the light-sport category except:
    (1) The repair or alteration form specified in Sec. Sec.  43.5(b) 
and 43.9(d) is not required to be completed for products not produced 
under an FAA approval;
    (2) Major repairs and major alterations for products not produced 
under an FAA approval are not required to be recorded in accordance 
with appendix B of this part; and
    (3) The listing of major alterations and major repairs specified in 
paragraphs (a) and (b) of appendix A of this part is not applicable to 
products not produced under an FAA approval.

0
12. Amend Sec.  43.3 by revising paragraphs (c) and (g) to read as 
follows:


Sec.  43.3  Persons authorized to perform maintenance, preventive 
maintenance, rebuilding, and alterations.

* * * * *
    (c) The holder of a repairman certificate may perform maintenance, 
preventive maintenance, and alterations as provided in part 65 of this 
chapter.
* * * * *
    (g) Except for holders of a sport pilot certificate, the holder of 
a pilot certificate issued under part 61 may perform preventive 
maintenance on any aircraft owned or operated by that pilot which is 
not used under part 121, 129, or 135 of this chapter. The holder of a 
sport pilot certificate may perform preventive maintenance on an 
aircraft owned or operated by that pilot and issued a special 
airworthiness certificate in the light-sport category.
* * * * *

0
13. Amend Sec.  43.7 by adding paragraphs (g) and (h) to read as 
follows:


Sec.  43.7  Persons authorized to approve aircraft, airframes, aircraft 
engines, propellers, appliances, or component parts for return to 
service after maintenance, preventive maintenance, rebuilding, or 
alteration.

* * * * *
    (g) The holder of a repairman certificate (light-sport aircraft) 
with a maintenance rating may approve an aircraft issued a special 
airworthiness certificate in light-sport category for return to 
service, as provided in part 65 of this chapter.
    (h) The holder of at least a sport pilot certificate may approve an 
aircraft owned or operated by that pilot and issued a special 
airworthiness certificate in the light-sport category for return to 
service after performing preventive maintenance under the provisions of 
Sec.  43.3(g).

0
14. Amend Sec.  43.9 by:
0
a. Revising the section heading;
0
b. Redesignating the concluding text of paragraph (a) as paragraph (d);
0
c. Revising new paragraph (d); and
0
d. Removing the reference ``123'' from paragraph (c).
    The revisions read as follows:


Sec.  43.9  Content, form, and disposition of maintenance, preventive 
maintenance, rebuilding, and alteration records (except inspections 
performed in accordance with part 91, part 125, Sec.  135.411(a)(1), 
and Sec.  135.419 of this chapter).

* * * * *
    (d) In addition to the entry required by paragraph (a) of this 
section, major repairs and major alterations shall be entered on a 
form, and the form disposed of, in the manner prescribed in appendix B, 
by the person performing the work.

PART 45--IDENTIFICATION AND REGISTRATION MARKING

0
15. The authority citation for part 45 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 44725, 45302-45303, 46104, 46304, 46306, 47122.


0
16. Amend Sec.  45.11 by:
0
a. Amending the third sentence of paragraph (a) to revise the words 
``paragraphs (c) and (d) of this section'' to read ``paragraphs (c), 
(d), and (e) of this section''; and
0
b. Adding paragraph (e) to read as follows.


Sec.  45.11  General.

* * * * *
    (e) For powered parachutes and weight-shift-control aircraft, the 
identification plate prescribed in paragraph (a) of this section must 
be secured to the aircraft fuselage exterior so that it is legible to a 
person on the ground.

0
17. Amend Sec.  45.23 by revising paragraph (b) to read as follows:


Sec.  45.23  Display of marks; general.

* * * * *
    (b) When marks include only the Roman capital letter ``N'' and the 
registration number is displayed on limited, restricted or light-sport 
category aircraft or experimental or provisionally certificated 
aircraft, the operator must also display on that aircraft near each 
entrance to the cabin, cockpit, or pilot station, in letters not less 
than 2 inches nor more than 6 inches high, the words ``limited,'' 
``restricted,'' ``light-sport,'' ``experimental,'' or ``provisional,'' 
as applicable.

0
18. Amend Sec.  45.27 by adding paragraph (e) to read as follows:


Sec.  45.27  Location of marks; non-fixed-wing aircraft.

* * * * *
    (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 
fuselage structural member.

0
19. 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 the 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
* * * * *

[[Page 44864]]

    (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

0
20. 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.


0
21. Amend Sec.  61.1 by:
0
a. Revising paragraphs (b)(3)(i) introductory text and (b)(3)(ii) 
introductory text;
0
b. Redesignating paragraphs (b)(3)(iii), (b)(3)(iv), (b)(3)(v), and 
(b)(15) as paragraphs (b)(3)(v), (b)(3)(vi), (b)(3)(vii), and (b)(16), 
respectively; and
0
c. Adding new paragraphs (b)(3)(iii), (b)(3)(iv), and (b)(15).
    The additions and revisions read as follows:


Sec.  61.1  Applicability and definitions.

* * * * *
    (b) * * *
    (3) * * *
    (i) Except as provided in paragraphs (b)(3)(ii) through (b)(3)(vi) 
of this section, time acquired during flight--
* * * * *
    (ii) For the purpose of meeting the aeronautical experience 
requirements (except for a rotorcraft category rating), for a private 
pilot certificate (except for a powered parachute category rating), a 
commercial pilot certificate, or an instrument rating, or for the 
purpose of exercising recreational pilot privileges (except in a 
rotorcraft) under Sec.  61.101 (c), time acquired during a flight--
* * * * *
    (iii) For the purpose of meeting the aeronautical experience 
requirements for a sport pilot certificate (except for powered 
parachute privileges), time acquired during a flight conducted in an 
appropriate aircraft that--
    (A) Includes a point of landing at least a straight line distance 
of more than 25 nautical miles from the original point of departure; 
and
    (B) Involves, as applicable, 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 a private pilot certificate with a powered parachute 
category rating, time acquired during a flight conducted in an 
appropriate aircraft that--
    (A) Includes a point of landing at least a straight line distance 
of more than 15 nautical miles from the original point of departure; 
and
    (B) Involves, as applicable, the use of dead reckoning; pilotage; 
electronic navigation aids; radio aids; or other navigation systems to 
navigate to the landing point.
* * * * *
    (15) Student pilot seeking a sport pilot certificate means a person 
who has received an endorsement--
    (i) To exercise student pilot privileges from a certificated flight 
instructor with a sport pilot rating; or
    (ii) That includes a limitation for the operation of a light-sport 
aircraft specified in Sec.  61.89(c) issued by a certificated flight 
instructor with other than a sport pilot rating.
* * * * *

0
22. Amend Sec.  61.3 by:
0
a. Revising paragraph (c)(2)(i);
0
b. Redesignating paragraphs (c)(2)(ii) through (c)(2)(vii) as 
paragraphs (c)(2)(vi) through (c)(2)(xi) respectively;
0
c. Revising the reference to ``paragraph (c)(2)(iii)'' to read 
``paragraph (c)(2)(vii)'' in newly redesignated paragraph (c)(2)(viii); 
and
0
d. Adding new paragraphs (c)(2)(ii) through (c)(2)(v).
    The revisions and additions read as follows:


Sec.  61.3  Requirement for certificates, ratings, and authorizations.

* * * * *
    (c) * * *
    (2) * * *
    (i) Is exercising the privileges of a student pilot certificate 
while seeking a pilot certificate with a glider category rating, a 
balloon class rating, or glider or balloon privileges;
    (ii) Is exercising the privileges of a student pilot certificate 
while seeking a sport pilot certificate with other than glider or 
balloon privileges and holds a current and valid U.S. driver's license;
    (iii) Is exercising the privileges of a student pilot certificate 
while seeking a pilot certificate with a weight-shift-control aircraft 
category rating or a powered parachute category rating and holds a 
current and valid U.S. driver's license;
    (iv) Is exercising the privileges of a sport pilot certificate with 
glider or balloon privileges;
    (v) Is exercising the privileges of a sport pilot certificate with 
other than glider or balloon privileges and holds a current and valid 
U.S. driver's license. A person who has applied for or held a medical 
certificate may exercise the privileges of a sport pilot certificate 
using a current and valid U.S. driver's license only if that person--
    (A) Has been found eligible for the issuance of at least a third-
class airman medical certificate at the time of his or her most recent 
application; and
    (B) Has not had his or her most recently issued medical certificate 
suspended or revoked or most recent Authorization for a Special 
Issuance of a Medical Certificate withdrawn.
* * * * *

0
23. Amend Sec.  61.5 by:
0
a. Redesignating paragraphs (a)(1)(ii) through (a)(1)(v) as paragraphs 
(a)(1)(iii) through (a)(1)(vi), respectively;
0
b. Redesignating paragraphs (b)(5) and (b)(6) as paragraphs (b)(7) and 
(b)(8), respectively; and
0
c. Adding new paragraphs (a)(1)(ii), (b)(1)(vi), (b)(1)(vii), (b)(5), 
(b)(6), and (c)(5) to 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--
    (i) Weight-shift-control aircraft land.
    (ii) Weight-shift-control aircraft sea.
    (6) Powered parachute class ratings--
    (i) Powered parachute land.
    (ii) Powered parachute sea.
* * * * *
    (c) * * *
    (5) Sport pilot rating.
* * * * *

0
24. Amend Sec.  61.23 by:
0
a. Revising paragraphs (a) introductory text, (a)(3)(iii), (a)(3)(iv), 
(b) introductory text, and (b)(1) through (b)(4);
0
b. Redesignating paragraph (c) as paragraph (d); and
0
c. Adding new paragraph (c).
    The additions and revisions read as follows:


Sec.  61.23  Medical certificates: Requirement and duration.

    (a) Operations requiring a medical certificate. Except as provided 
in paragraphs (b) and (c) of this section, a person--
* * * * *
    (3) * * *
    (iii) When exercising the privileges of a student pilot 
certificate;

[[Page 44865]]

    (iv) When exercising the privileges of a flight instructor 
certificate, except for a flight instructor certificate with a glider 
category rating or sport pilot rating, if the person is acting as pilot 
in command or is serving as a required flight crewmember; or
* * * * *
    (b) Operations not requiring a medical certificate. A person is not 
required to hold a valid medical certificate--
    (1) When exercising the privileges of a student pilot certificate 
while seeking--
    (i) A sport pilot certificate with glider or balloon privileges; or
    (ii) A pilot certificate with a glider category rating or balloon 
class rating;
    (2) When exercising the privileges of a sport pilot certificate 
with privileges in a glider or balloon;
    (3) When exercising the privileges of a pilot certificate with a 
glider category or balloon class rating;
    (4) When exercising the privileges of a flight instructor 
certificate with--
    (i) A sport pilot rating in a glider or balloon; or
    (ii) A glider category rating;
* * * * *
    (c) Operations requiring either a medical certificate or U.S. 
driver's license. (1) A person must hold and possess either a valid 
medical certificate issued under part 67 of this chapter or a current 
and valid U.S. driver's license when exercising the privileges of--
    (i) A student pilot certificate while seeking sport pilot 
privileges in a light-sport aircraft other than a glider or balloon;
    (ii) A sport pilot certificate in a light-sport aircraft other than 
a glider or balloon; or
    (iii) A flight instructor certificate with a sport pilot rating 
while acting as pilot in command or serving as a required flight 
crewmember of a light-sport aircraft other than a glider or balloon.
    (2) A person using a current and valid U.S. driver's license to 
meet the requirements of this paragraph must--
    (i) Comply with each restriction and limitation imposed by that 
person's U.S. driver's license and any judicial or administrative order 
applying to the operation of a motor vehicle;
    (ii) Have been found eligible for the issuance of at least a third-
class airman medical certificate at the time of his or her most recent 
application (if the person has applied for a medical certificate);
    (iii) Not have had his or her most recently issued medical 
certificate (if the person has held a medical certificate) suspended or 
revoked or most recent Authorization for a Special Issuance of a 
Medical Certificate withdrawn; and
    (iv) Not know or have reason to know of any medical condition that 
would make that person unable to operate a light-sport aircraft in a 
safe manner.
* * * * *

0
25. Amend Sec.  61.31 by:
0
a. Revising paragraphs (k)(1) and (k)(2)(iii);
0
b. Removing the word ``or;'' from the end of paragraph (k)(2)(iv) and 
placing it at the end of paragraph (k)(2)(v); and
0
c. Adding paragraph (k)(2)(vi).
    The addition and revisions read as follows:


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

* * * * *
    (k) * * *
    (1) This section does not require a category and class rating for 
aircraft not type-certificated as airplanes, rotorcraft, gliders, 
lighter-than-air aircraft, powered-lifts, powered parachutes, or 
weight-shift-control aircraft.
    (2) * * *
    (iii) The holder of a pilot certificate when operating an aircraft 
under the authority of--
    (A) A provisional type certificate; or
    (B) An experimental certificate, unless the operation involves 
carrying a passenger;
* * * * *
    (vi) The holder of a sport pilot certificate when operating a 
light-sport aircraft.

0
26. Amend Sec.  61.45 by revising paragraphs (a)(1)(ii), (a)(2)(i), and 
(b)(1)(iii), and adding paragraph (f) to read as follows:


Sec.  61.45  Practical tests: Required aircraft and equipment.

    (a) * * *
    (1) * * *
    (ii) Has a current standard airworthiness certificate or special 
airworthiness certificate in the limited, primary, or light-sport 
category.
    (2) * * *
    (i) An aircraft that has a current airworthiness certificate other 
than a standard airworthiness certificate or special airworthiness 
certificate in the limited, primary, or light-sport category, but that 
otherwise meets the requirements of paragraph (a)(1) of this section;
* * * * *
    (b) * * *
    (1) * * *
    (iii) Except as provided in paragraphs (e) and (f) of this section, 
at least two pilot stations with adequate visibility for each person to 
operate the aircraft safely; and
* * * * *
    (f) Light-sport aircraft with a single seat. A practical test for a 
sport pilot certificate may be conducted in a light-sport aircraft 
having a single seat provided that the--
    (1) Examiner agrees to conduct the test;
    (2) Examiner is in a position to observe the operation of the 
aircraft and evaluate the proficiency of the applicant; and
    (3) Pilot certificate of an applicant successfully passing the test 
is issued a pilot certificate with a limitation ``No passenger carriage 
and flight in a single-seat light-sport aircraft only.''

0
27. Amend Sec.  61.51 by:
0
a. Revising paragraphs (c)(1), (e)(1) introductory text, and (e)(1)(i);
0
b. Redesignating paragraph (i)(3) as (i)(4); and
0
c. Adding new paragraphs (i)(3) and (i)(5).
    The additions and revisions read as follows:


Sec.  61.51  Pilot logbooks.

* * * * *
    (c) * * *
    (1) Apply for a certificate or rating issued under this part or a 
privilege authorized under this part; or
* * * * *
    (e) * * *
    (1) A sport, recreational, private, or commercial pilot may log 
pilot-in-command time only for that flight time during which that 
person--
    (i) Is the sole manipulator of the controls of an aircraft for 
which the pilot is rated or has privileges;
* * * * *
    (i) * * *
    (3) A sport pilot must carry his or her logbook or other evidence 
of required authorized instructor endorsements on all flights.
* * * * *
    (5) A flight instructor with a sport pilot rating must carry his or 
her logbook or other evidence of required authorized instructor 
endorsements on all flights when providing flight training.
0
28. Add Sec.  61.52 to read as follows:


Sec.  61.52  Use of aeronautical experience obtained in ultralight 
vehicles.

    (a) A person may use aeronautical experience obtained in an 
ultralight vehicle to meet the requirements for the following 
certificates and ratings issued under this part:
    (1) A sport pilot certificate.
    (2) A flight instructor certificate with a sport pilot rating;

[[Page 44866]]

    (3) A private pilot certificate with a weight-shift-control or 
powered parachute category rating.
    (b) A person may use aeronautical experience obtained in an 
ultralight vehicle to meet the provisions of Sec. Sec.  61.69 and 
61.415(e).
    (c) A person using aeronautical experience obtained in an 
ultralight vehicle to meet the requirements for a certificate or rating 
specified in paragraph (a) of this section or the requirements of 
paragraph (b) of this section must--
    (1) Have been a registered ultralight pilot with an FAA-recognized 
ultralight organization when that aeronautical experience was obtained;
    (2) Document and log that aeronautical experience in accordance 
with the provisions for logging aeronautical experience specified by an 
FAA-recognized ultralight organization and in accordance with 
provisions for logging pilot time in aircraft as specified in Sec.  
61.51; and
    (3) Obtain the experience in a category and class of vehicle 
corresponding to the rating or privileges sought.

0
29. Amend Sec.  61.53 by adding paragraph (c) to read as follows:


Sec.  61.53  Prohibition on operations during medical deficiency.

* * * * *
    (c) Operations requiring a medical certificate or a U.S. driver's 
license. For operations provided for in Sec.  61.23(c), a person must 
meet the provisions of--
    (1) Paragraph (a) of this section if that person holds a valid 
medical certificate issued under part 67 of this chapter and does not 
hold a current and valid U.S. driver's license.
    (2) Paragraph (b) of this section if that person holds a current 
and valid U.S. driver's license.

0
30. Amend 61.63 by redesignating paragraph (k) as (l), and add new 
paragraph (k) to read as follows:


Sec.  61.63  Additional aircraft ratings (other than on an airplane 
transport pilot certificate).

* * * * *
    (k) Category class ratings for the operation of aircraft with 
experimental certificates: Notwithstanding the provisions of paragraphs 
(b) and (c) of this section, a person holding at least a recreational 
pilot certificate may apply for a category and class rating limited to 
a specific make and model of experimental aircraft, provided--
    (1) The person has logged at least 5 hours flight time while acting 
as pilot in command in the same category, class, make, and model of 
aircraft that has been issued an experimental certificate;
    (2) The person has received a logbook endorsement from an 
authorized instructor who has determined that he or she is proficient 
to act as pilot in command of the same category, class, make, and model 
of aircraft for which application is made; and
    (3) The flight time specified in paragraph (k)(1) of this section 
must be logged between September 1, 2004 and August 31, 2005.
* * * * *

0
31. Revise Sec.  61.69 to read as follows:


Sec.  61.69  Glider and unpowered ultralight vehicle towing: Experience 
and training requirements.

    (a) No person may act as pilot in command for towing a glider or 
unpowered ultralight vehicle unless that person--
    (1) Holds at least a private pilot certificate with a category 
rating for powered aircraft;
    (2) Has logged at least 100 hours of pilot-in-command time in the 
aircraft category, class and type, if required, that the pilot is using 
to tow a glider or unpowered ultralight vehicle;
    (3) Has a logbook endorsement from an authorized instructor who 
certifies that the person has received ground and flight training in 
gliders or unpowered ultralight vehicles and is proficient in--
    (i) The techniques and procedures essential to the safe towing of 
gliders or unpowered ultralight vehicles, including airspeed 
limitations;
    (ii) Emergency procedures;
    (iii) Signals used; and
    (iv) Maximum angles of bank.
    (4) Except as provided in paragraph (b) of this section, has logged 
at least three flights as the sole manipulator of the controls of an 
aircraft towing a glider or unpowered ultralight vehicle simulating 
towing flight procedures while accompanied by a pilot who meets the 
requirements of paragraphs (c) and (d) of this section;
    (5) Except as provided in paragraph (b) of this section, has 
received a logbook endorsement from the pilot, described in paragraph 
(a)(4) of this section, certifying that the person has accomplished at 
least 3 flights in an aircraft while towing a glider or unpowered 
ultralight vehicle, or while simulating towing flight procedures; and
    (6) Within the preceding 12 months has--
    (i) Made at least three actual or simulated tows of a glider or 
unpowered ultralight vehicle while accompanied by a qualified pilot who 
meets the requirements of this section; or
    (ii) Made at least three flights as pilot in command of a glider or 
unpowered ultralight vehicle towed by an aircraft.
    (b) Any person who, before May 17, 1967, has made and logged 10 or 
more flights as pilot in command of an aircraft towing a glider or 
unpowered ultralight vehicle in accordance with a certificate of waiver 
need not comply with paragraphs (a)(4) and (a)(5) of this section.
    (c) The pilot, described in paragraph (a)(4) of this section, who 
endorses the logbook of a person seeking towing privileges must have--
    (1) Met the requirements of this section prior to endorsing the 
logbook of the person seeking towing privileges; and
    (2) Logged at least 10 flights as pilot in command of an aircraft 
while towing a glider or unpowered ultralight vehicle.
    (d) If the pilot described in paragraph (a)(4) of this section 
holds only a private pilot certificate, then that pilot must have--
    (1) Logged at least 100 hours of pilot-in-command time in 
airplanes, or 200 hours of pilot-in-command time in a combination of 
powered and other-than-powered aircraft; and
    (2) Performed and logged at least three flights within the 12 
calendar months preceding the month that pilot accompanies or endorses 
the logbook of a person seeking towing privileges--
    (i) In an aircraft while towing a glider or unpowered ultralight 
vehicle accompanied by another pilot who meets the requirements of this 
section; or
    (ii) As pilot in command of a glider or unpowered ultralight 
vehicle being towed by another aircraft.

0
32. Amend Sec.  61.87 by:
0
a. Adding the words ``or privileges'' after the word ``rating'' in the 
introductory text of paragraphs (d), (g), (i), (j), and (k);
0
b. Redesignating paragraphs (l), (m), and (n) as paragraphs (n), (o) 
and (p), respectively; and
0
c. Adding paragraphs (l) and (m) to read as follows:


Sec.  61.87  Solo requirements for student pilots.

* * * * *
    (l) Maneuvers and procedures for pre-solo flight training in a 
powered parachute. A student pilot who is receiving training for a 
powered parachute rating or privileges 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.

[[Page 44867]]

    (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) Straight glides, and gliding turns in both directions.
    (12) Go-arounds.
    (13) Approaches to landing areas with a simulated engine 
malfunction.
    (14) Procedures for canopy packing and aircraft disassembly.
    (m) Maneuvers and procedures for pre-solo flight training in a 
weight-shift-control aircraft. A student pilot who is receiving 
training for a weight-shift-control aircraft rating or privileges 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) Flight at various airspeeds from maximum cruise to slow flight.
    (10) Emergency procedures and equipment malfunctions.
    (11) Ground reference maneuvers.
    (12) Stall entry, stall, and stall recovery.
    (13) Straight glides, and gliding turns in both directions.
    (14) Go-arounds.
    (15) Approaches to landing areas with a simulated engine 
malfunction.
    (16) Procedures for disassembly.
* * * * *

0
33. Amend Sec.  61.89 by adding paragraph (c) to read as follows:


Sec.  61.89  General limitations.

* * * * *
    (c) A student pilot seeking a sport pilot certificate must comply 
with the provisions of paragraphs (a) and (b) of this section and may 
not act as pilot in command--
    (1) Of an aircraft other than a light-sport aircraft;
    (2) At night;
    (3) At an altitude of more than 10,000 feet MSL; and
    (4) In Class B, C, and D airspace, at an airport located in Class 
B, C, or D airspace, and to, from, through, or on an airport having an 
operational control tower without having received the ground and flight 
training specified in Sec.  61.94 and an endorsement from an authorized 
instructor.

0
34. Amend Sec.  61.93 by adding paragraphs (l) and (m) to read as 
follows:


Sec.  61.93  Solo cross-country flight requirements.

* * * * *
    (l) Maneuvers and procedures for cross-country flight training in a 
powered parachute. A student pilot who is receiving training for cross-
country flight in a powered parachute 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, as appropriate.
    (2) Use of aircraft performance charts pertaining to cross-country 
flight.
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognizing 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 with navigation radios, the use of 
radios for VFR navigation.
    (10) Recognition of weather and upper air conditions favorable for 
the cross-country flight.
    (11) Takeoff, approach and landing procedures.
    (m) Maneuvers and procedures for cross-country flight training in a 
weight-shift-control aircraft. A student pilot who is receiving 
training for cross-country flight in a weight-shift-control aircraft 
must receive and log flight training for 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, as appropriate.
    (2) Use of aircraft performance charts pertaining to cross-country 
flight.
    (3) Procurement and analysis of aeronautical weather reports and 
forecasts, including recognizing 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 use of 
radios for VFR navigation.
    (10) Recognition of weather and upper air conditions favorable for 
the cross-country flight.
    (11) Takeoff, approach and landing procedures, including crosswind 
approaches and landings.

0
35. Add Sec.  61.94 to read as follows:


Sec.  61.94  Student pilot seeking a sport pilot certificate or a 
recreational pilot certificate: Operations at airports within, and in 
airspace located within, Class B, C, and D airspace, or at airports 
with an operational control tower in other airspace.

    (a) A student pilot seeking a sport pilot certificate or a 
recreational pilot certificate who wants to obtain privileges to 
operate in Class B, C, and D airspace, at an airport located in Class 
B, C, or D airspace, and to, from, through, or at an airport having an 
operational control tower, must receive and log ground and flight 
training from an authorized instructor in the following aeronautical 
knowledge areas and areas of operation:
    (1) The use of radios, communications, navigation systems and 
facilities, and radar services.
    (2) Operations at airports with an operating control tower, to 
include three

[[Page 44868]]

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.
    (3) Applicable flight rules of part 91 of this chapter for 
operations in Class B, C, and D airspace and air traffic control 
clearances.
    (4) Ground and flight training for the specific Class B, C, or D 
airspace for which the solo flight is authorized, if applicable, within 
the 90-day period preceding the date of the flight in that airspace. 
The flight training must be received in the specific airspace area for 
which solo flight is authorized.
    (5) Ground and flight training for the specific airport located in 
Class B, C, or D airspace for which the solo flight is authorized, if 
applicable, within the 90-day period preceding the date of the flight 
at that airport. The flight and ground training must be received at the 
specific airport for which solo flight is authorized.
    (b) The authorized instructor who provides the training specified 
in paragraph (a) of this section must provide a logbook endorsement 
that certifies the student has received that training and is proficient 
to conduct solo flight in that specific airspace or at that specific 
airport and in those aeronautical knowledge areas and areas of 
operation specified in this section.

0
36. Amend Sec.  61.95 by adding paragraph (c) to read as follows:


Sec.  61.95  Operations in Class B airspace and at airports located 
within Class B airspace.

* * * * *
    (c) This section does not apply to a student pilot seeking a sport 
pilot certificate or a recreational pilot certificate.

0
37. Amend Sec.  61.99 by revising the introductory text 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--
* * * * *

0
38. Amend Sec.  61.101 by:
0
a. Revising paragraph (b) introductory text and paragraph (c) 
introductory text;
0
b. Redesignating paragraphs (d) through (i) as paragraphs (e) through 
(j), respectively;
0
c. Revising redesignated paragraphs (e) introductory text, (e)(1), 
(e)(2), (e)(7), (e)(11), and (e)(12); and
0
d. Adding new paragraph (d).
0
The addition and revisions 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 
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, 
and D airspace, at an airport located in Class B, C, or D airspace, and 
to, from, through, or at an airport having an operational control 
tower, 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 and 
facilities, and radar services.
    (ii) Operations at airports with an operating control tower to 
include three 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.
    (iii) Applicable flight rules of part 91 of this chapter for 
operations in Class B, C, and D airspace and air traffic control 
clearances;
    (2) Been found proficient in those aeronautical knowledge areas and 
areas of operation specified 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 or readily accessible in 
the aircraft, that certifies the person has received and been found 
proficient in those aeronautical knowledge areas and areas of operation 
specified 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 horsepower; or
    (iv) With retractable landing gear;
    (2) That is classified as a multiengine airplane, powered-lift, 
glider, airship, balloon, powered parachute, or weight-shift-control 
aircraft;
* * * * *
    (7) In Class A, B, C, and D airspace, at an airport located in 
Class B, C, or D airspace, or to, from, through, or at an airport 
having an operational control tower;
* * * * *
    (11) On a flight outside the United States, unless authorized by 
the country in which the flight is conducted;
    (12) To demonstrate that aircraft in flight as an aircraft 
salesperson to a prospective buyer;
* * * * *

0
39. 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 and seaplane base operations, as applicable;
    (iv) Takeoffs, landings, and go-arounds;
    (v) Performance maneuvers;
    (vi) Ground reference maneuvers;
    (vii) Navigation;
    (viii) Night operations, except as provided in Sec.  61.110;
    (ix) Emergency operations; and
    (x) 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.

0
40. Amend Sec.  61.109 by:
0
a. Revising the reference to ``paragraph (i)'' to read ``paragraph 
(k)'' in the introductory text of paragraphs (a), (b), (c), (d), and 
(e);
0
b. Redesignating paragraph (i) as paragraph (k) and revising the 
reference to ``paragraph (i)(2)'' to read ``paragraph (k)(2)'' in 
redesignated paragraph (k)(1); and
0
c. Adding new paragraphs (i) and (j).
    The additions and revisions read as follows:


Sec.  61.109  Aeronautical experience.

* * * * *
    (i) For a powered parachute rating. A person who applies for a 
private pilot

[[Page 44869]]

certificate with a powered parachute category rating must log at least 
25 hours of flight time in a powered parachute that includes at least 
10 hours of flight training with an authorized instructor, including 30 
takeoffs and landings, and 10 hours of solo flight training in the 
areas of operation listed in Sec.  61.107 (b)(9) and the training must 
include at least--
    (1) One hour of cross-country flight training in a powered 
parachute that includes a 1-hour cross-country flight with a landing at 
an airport at least 25 nautical miles from the airport of departure;
    (2) Except as provided in Sec.  61.110, 3 hours of night flight 
training in a powered parachute that includes 10 takeoffs and landings 
(with each landing involving a flight in the traffic pattern) at an 
airport;
    (3) Three hours of 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
    (4) Three hours of solo flight time in a powered parachute, 
consisting of at least--
    (i) One solo cross-country flight with a landing at an airport at 
least 25 nautical miles from the departure airport; and
    (ii) Twenty solo takeoffs and landings to a full stop (with each 
landing involving a flight in a traffic pattern) at an airport, with at 
least 3 takeoffs and landings at an airport with an operating control 
tower.
    (j) For a weight-shift-control aircraft rating. A person who 
applies for a private pilot certificate with a weight-shift-control 
rating must log at least 40 hours of flight time that includes at least 
20 hours of flight training with an authorized instructor and 10 hours 
of solo flight training in the areas listed in Sec.  61.107(b)(10) and 
the training must include at least--
    (1) Three hours of cross-country flight training in a weight-shift-
control aircraft;
    (2) Except as provided in Sec.  61.110, 3 hours of night flight 
training in a weight-shift-control aircraft that includes--
    (i) One cross-country flight over 75 nautical miles total distance; 
and
    (ii) Ten takeoffs and landings (with each landing involving a 
flight in the traffic pattern) at an airport;
    (3) Three hours of 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
    (4) Ten hours of solo flight time in a weight-shift-control 
aircraft, consisting of at least--
    (i) Five hours of solo cross-country time;
    (ii) One solo cross-country flight over 100 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
    (iii) Three takeoffs and landings (with each landing involving a 
flight in the traffic pattern) at an airport with an operating control 
tower.
* * * * *

0
41. Amend Sec.  61.110 by adding paragraph (c) to read as follows:


Sec.  61.110  Night flying exceptions.

* * * * *
    (c) A person who does not meet the night flying requirements in 
Sec.  61.109(d)(2), (i)(2), or (j)(2) may be issued a private pilot 
certificate with the limitation ``Night flying prohibited.'' This 
limitation may be removed by an examiner if the holder complies with 
the requirements of Sec.  61.109(d)(2), (i)(2), or (j)(2), as 
appropriate.

0
42. Amend Sec.  61.113 by revising paragraph (g) to read as follows:


Sec.  61.113  Private pilot privileges and limitations: Pilot in 
command.

* * * * *
    (g) A private pilot who meets the requirements of Sec.  61.69 may 
act as a pilot in command of an aircraft towing a glider or unpowered 
ultralight vehicle.

0
43. Amend 61.165 by adding paragraph (f) to read as follows:


Sec.  61.165  Additional aircraft category and class ratings.

* * * * *
    (f) Category class ratings for the operation of aircraft with 
experimental certificates. Notwithstanding the provisions of paragraphs 
(a) through (e) of this section, a person holding an airline transport 
certificate may apply for a category and class rating limited to a 
specific make and model of experimental aircraft, provided--
    (1) The person has logged at least 5 hours flight time while acting 
as pilot in command in the same category, class, make, and model of 
aircraft that has been issued an experimental certificate;
    (2) The person has received a logbook endorsement from an 
authorized instructor who has determined that he or she is proficient 
to act as pilot in command of the same category, class, make, and model 
of aircraft for which application is made; and
    (3) The flight time specified in paragraph (f)(1) of this section 
must be logged between September 1, 2004 and August 31, 2005.

Subpart H--Flight Instructors Other Than Flight Instructors With a 
Sport Pilot Rating

0
44. Revise the heading of subpart H to read as set forth above.

0
45. Revise Sec.  61.181 to read as follows:


Sec.  61.181  Applicability.

    This subpart prescribes the requirements for the issuance of flight 
instructor certificates and ratings (except for flight instructor 
certificates with a sport pilot rating), the conditions under which 
those certificates and ratings are necessary, and the limitations on 
those certificates and ratings.

0
46. Amend Sec.  61.213 by revising paragraphs (a)(4)(i) and (a)(4)(ii) 
to read as follows:


Sec.  61.213  Eligibility requirements.

    (a) * * *
    (4) * * *
    (i) For a basic ground instructor rating Sec. Sec.  61.97, 61.105, 
and 61.309;
    (ii) For an advanced ground instructor rating Sec. Sec.  61.97, 
61.105, 61.125, 61.155, and 61.309; and
* * * * *

0
47. Amend Sec.  61.215 by revising paragraph (a) to read as follows:


Sec.  61.215  Ground instructor privileges.

    (a) A person who holds a basic ground instructor rating is 
authorized to provide--
    (1) Ground training in the aeronautical knowledge areas required 
for the issuance of a sport pilot certificate, recreational pilot 
certificate, private pilot certificate, or associated ratings under 
this part;
    (2) Ground training required for a sport pilot, recreational pilot, 
and private pilot flight review; and
    (3) A recommendation for a knowledge test required for the issuance 
of a sport pilot certificate, recreational pilot certificate, or 
private pilot certificate under this part.
* * * * *

0
48. Amend part 61 by adding subpart J to read as follows:

Subpart J--Sport Pilots

Sec.
61.301 What is the purpose of this subpart and to whom does it 
apply?
61.303 If I want to operate a light-sport aircraft, what operating 
limits and endorsement requirements in this subpart must I comply 
with?
61.305 What are the age and language requirements for a sport pilot 
certificate?
61.307 What tests do I have to take to obtain a sport pilot 
certificate?

[[Page 44870]]

61.309 What aeronautical knowledge must I have to apply for a sport 
pilot certificate?
61.311 What flight proficiency requirements must I meet to apply for 
a sport pilot certificate?
61.313 What aeronautical experience must I have to apply for a sport 
pilot certificate?
61.315 What are the privileges and limits of my sport pilot 
certificate?
61.317 Is my sport pilot certificate issued with aircraft category 
and class ratings?
61.319 Can I operate a make and model of aircraft other than the 
make and model for which I have received an endorsement?
61.321 How do I obtain privileges to operate an additional category 
or class of light-sport aircraft?
61.323 How do I obtain privileges to operate a make and model of 
lights-port aircraft in the same category and class within a 
different set of aircraft?
61.325 How do I obtain privileges to operate a light-sport aircraft 
at an airport within, or in airspace within, Class B, C, and D 
airspace, or in other airspace with an airport having an operational 
control tower?
61.327 How do I obtain privileges to operate a light-sport aircraft 
that has a VH greater than 87 knots CAS?
61.329 Are there special provisions for obtaining a sport pilot 
certificate for persons who are registered ultralight pilots with an 
FAA-recognized ultralight organization?


Sec.  61.301  What is the purpose of this subpart and to whom does it 
apply?

    (a) This subpart prescribes the following requirements that apply 
to a sport pilot certificate:
    (1) Eligibility.
    (2) Aeronautical knowledge.
    (3) Flight proficiency.
    (4) Aeronautical experience.
    (5) Endorsements.
    (6) Privileges and limits.
    (7) Transition provisions for registered ultralight pilots.
    (b) Other provisions of this part apply to the logging of flight 
time and testing.
    (c) This subpart applies to applicants for, and holders of, sport 
pilot certificates. It also applies to holders of recreational pilot 
certificates and higher, as provided in Sec.  61.303.


Sec.  61.303  If I want to operate a light-sport aircraft, what 
operating limits and endorsement requirements in this subpart must I 
comply with?

    (a) Use the following table to determine what operating limits and 
endorsement requirements in this subpart, if any, apply to you when you 
operate a light-sport aircraft. The medical certificate specified in 
this table must be valid. If you hold a recreational pilot certificate, 
but not a medical certificate, you must comply with cross-country 
requirements in Sec.  61.101 (c), even if your flight does not exceed 
50 nautical miles from your departure airport. You must also comply 
with requirements in other subparts of this part that apply to your 
certificate and the operation you conduct.

----------------------------------------------------------------------------------------------------------------
             If you hold                     And you hold         Then you may operate             And
----------------------------------------------------------------------------------------------------------------
(1) A medical certificate............  (i) A sport pilot        (A) Any light sport      (1) You must hold any
                                        certificate,.            aircraft for which you   other endorsements
                                                                 hold the endorsements    required by this
                                                                 required for its         subpart, and comply
                                                                 category, class, make    with the limitations
                                                                 and model,               in Sec.   61.315.
                                       (ii) At least a          (A) Any light sport      (1) You do not have to
                                        recreational pilot       aircraft in that         hold any of the
                                        certificate with a       category and class,      endorsements required
                                        category and class                                by this subpart, nor
                                        rating,                                           do you have to comply
                                                                                          with the limitations
                                                                                          in Sec.   61.315.
                                       (iii) At least a         (A) That light sport     (1) You must comply
                                        recreational pilot       aircraft, only if you    with the limitations
                                        certificate but not a    hold the endorsements    in Sec.   61.315,
                                        rating for the           required in Sec.         except Sec.
                                        category and class of    61.321 for its           61.315(c)(14) and, if
                                        light sport aircraft     category and class,      a private pilot or
                                        you operate,                                      higher, Sec.
                                                                                          61.315(c)(7).
(2) Only a U.S. driver's license.....  (i) A sport pilot        (A) Any light sport      (1) You must hold any
                                        certificate,             aircraft for which you   other endorsements
                                                                 hold the endorsements    required by this
                                                                 required for its         subpart, and comply
                                                                 category, class, make    with the limitations
                                                                 and model,               in Sec.   61.315.
                                       (ii) At least a          (A) Any light sport      (1) You do not have to
                                        recreational pilot       aircraft in that         hold any of the
                                        certificate with a       category and class,      endorsements required
                                        category and class                                by this subpart, but
                                        rating,                                           you must comply with
                                                                                          the limitations in
                                                                                          Sec.   61.315.
                                       (iii) At least a         (A) That light sport     (1) You must comply
                                        recreational pilot       aircraft, only if you    with the limitations
                                        certificate but not a    hold the endorsements    in Sec.   61.315,
                                        rating for the           required in Sec.         except Sec.
                                        category and class of    61.321 for its           61.315(c)(14) and, if
                                        light-sport aircraft     category and class,      a private pilot or
                                        you operate,                                      higher, Sec.
                                                                                          61.315(c)(7).
(3) Neither a medical certificate nor  (i) A sport pilot        (A) Only a light sport   (1) You must hold any
 a U.S. driver's license                certificate,             glider or balloon for    other endorsements
                                                                 which you hold the       required by this
                                                                 endorsements required    subpart, and comply
                                                                 for its category,        with the limitations
                                                                 class, make and model,   in Sec.   61.315.
                                       (ii) At least a private  (A) Only a light sport   (1) You do not have to
                                        pilot certificate with   glider or balloon in     hold any of the
                                        a category and class     that category and        endorsements required
                                        rating for glider or     class,                   by this subpart, but
                                        balloon,                                          you must comply with
                                                                                          the limitations in
                                                                                          Sec.   61.315.
                                       (iii) At least a         (A) Only a light sport   (1) You must comply
                                        private pilot            glider or balloon, if    with the limitations
                                        certificate but not a    you hold the             in Sec.   61.315,
                                        rating for glider or     endorsements required    except Sec.
                                        balloon,                 in Sec.   61.321 for     61.315(c)(14) and, if
                                                                 its category and         a private pilot or
                                                                 class,                   higher, Sec.
                                                                                          61.315(c)(7).
----------------------------------------------------------------------------------------------------------------

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

[[Page 44871]]

    (2) Have been found eligible for the issuance of at least a third-
class airman medical certificate at the time of his or her most recent 
application (if the person has applied for a medical certificate);
    (3) Not have had his or her most recently issued medical 
certificate (if the person has held a medical certificate) suspended or 
revoked or most recent Authorization for a Special Issuance of a 
Medical Certificate withdrawn; and
    (4) Not know or have reason to know of any medical condition that 
would make that person unable to operate a light-sport aircraft in a 
safe manner.


Sec.  61.305  What are the age and language requirements for a sport 
pilot certificate?

    (a) To be eligible for a sport pilot certificate you must:
    (1) Be at least 17 years old (or 16 years old if you are applying 
to operate a glider or balloon).
    (2) Be able to read, speak, write, and understand English. If you 
cannot read, speak, write, and understand English because of medical 
reasons, the FAA may place limits on your certificate as are necessary 
for the safe operation of light-sport aircraft.


Sec.  61.307  What tests do I have to take to obtain a sport pilot 
certificate?

    To obtain a sport pilot certificate, you must pass the following 
tests:
    (a) Knowledge test. You must pass a knowledge test on the 
applicable aeronautical knowledge areas listed in Sec.  61.309. Before 
you may take the knowledge test for a sport pilot certificate, you must 
receive a logbook endorsement from the authorized instructor who 
trained you or reviewed and evaluated your home-study course on the 
aeronautical knowledge areas listed in Sec.  61.309 certifying you are 
prepared for the test.
    (b) Practical test. You must pass a practical test on the 
applicable areas of operation listed in Sec. Sec.  61.309 and 61.311. 
Before you may 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 Sec. Sec.  61.309 and 61.311 in preparation for the 
practical test. This endorsement certifies that you meet the applicable 
aeronautical knowledge and experience requirements and are prepared for 
the practical test.


Sec.  61.309  What aeronautical knowledge must I have to apply for a 
sport pilot certificate?

    Except as specified in Sec.  61.329, 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, as appropriate.
    (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.
    (h) Weight and balance computations.
    (i) Principles of aerodynamics, powerplants, and aircraft systems.
    (j) Stall awareness, spin entry, spins, and spin recovery 
techniques, as applicable.
    (k) Aeronautical decision making and risk management.
    (l) Preflight actions that include--
    (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 if you encounter delays.


Sec.  61.311  What flight proficiency requirements must I meet to apply 
for a sport pilot certificate?

    Except as specified in Sec.  61.329, 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, as 
appropriate, for airplane single-engine land or sea, glider, gyroplane, 
airship, balloon, powered parachute land or sea, and weight-shift-
control aircraft land or sea 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 only to gliders).
    (h) Navigation.
    (i) Slow flight (not applicable to lighter-than-air aircraft and 
powered parachutes).
    (j) Stalls (not applicable to lighter-than-air aircraft, 
gyroplanes, and powered parachutes).
    (k) Emergency operations.
    (l) Post-flight procedures.


Sec.  61.313  What aeronautical experience must I have to apply for a 
sport pilot certificate?

    Except as specified in Sec.  61.329, use the following table to 
determine the aeronautical experience you must have to apply for a 
sport pilot certificate:

[[Page 44872]]



----------------------------------------------------------------------------------------------------------------
 If you are applying for a sport pilot                                             Which must include at least .
        certificate with . . .              Then you must log at least . . .                    . .
----------------------------------------------------------------------------------------------------------------
(a) Airplane category and single-       (1) 20 hours of flight time, including    (i) 2 hours of cross-country
 engine land or sea class privileges,    at least 15 hours of flight training      flight training, (ii) 10
                                         from an authorized instructor in a        takeoffs and landings to a
                                         single-engine airplane and at least 5     full stop (with each landing
                                         hours of solo flight training in the      involving a flight in the
                                         areas of operation listed in Sec.         traffic pattern) at an
                                         61.311,                                   airport, (iii) One solo cross-
                                                                                   country flight of at least 75
                                                                                   nautical miles total
                                                                                   distance, with a full-stop
                                                                                   landing at a minimum of two
                                                                                   points and one segment of the
                                                                                   flight consisting of a
                                                                                   straight-line distance of at
                                                                                   least 25 nautical miles
                                                                                   between the takeoff and
                                                                                   landing locations, and (iv) 3
                                                                                   hours of flight training on
                                                                                   those areas of operation
                                                                                   specified in Sec.   61.311
                                                                                   preparing for the practical
                                                                                   test within 60 days before
                                                                                   the date of the test.
(b) Glider category privileges, and     (1) 10 hours of flight time in a glider,  (i) Five solo launches and
 you have not logged at least 20 hours   including 10 flights in a glider          landings, and (ii) 3 hours of
 of flight time in a heavier-than-air    receiving flight training from an         flight training on those
 aircraft,                               authorized instructor and at least 2      areas of operation specified
                                         hours of solo flight training in the      in Sec.   61.311 preparing
                                         areas of operation listed in Sec.         for the practical test within
                                         61.311,                                   60 days before the date of
                                                                                   the test.
(c) Glider category privileges, and     (1) 3 hours of flight time in a glider,   (i) Three solo launches and
 you have logged 20 hours flight time    including five flights in a glider        landings, and (ii) 3 hours of
 in a heavier-than-air aircraft,         while receiving flight training from an   flight training on those
                                         authorized instructor and at least 1      areas of operation specified
                                         hour of solo flight training in the       in Sec.   61.311, preparing
                                         areas of operation listed in Sec.         for the practical test within
                                         61.311,                                   60 days before the date of
                                                                                   the test.
(d) Rotorcraft category and gyroplane   (1) 20 hours of flight time, including    (i) 2 hours of cross-country
 class privileges,                       15 hours of flight training from an       flight training, (ii) 10
                                         authorized instructor in a gyroplane      takeoffs and landings to a
                                         and at least 5 hours of solo flight       full stop (with each landing
                                         training in the areas of operation        involving a flight in the
                                         listed in Sec.   61.311,                  traffic pattern) at an
                                                                                   airport, (iii) One solo cross-
                                                                                   country flight of at least 50
                                                                                   nautical miles total
                                                                                   distance, with a full-stop
                                                                                   landing at a minimum of two
                                                                                   points, and one segment of
                                                                                   the flight consisting of a
                                                                                   straight-line distance of at
                                                                                   least 25 nautical miles
                                                                                   between the takeoff and
                                                                                   landing locations, and (iv) 3
                                                                                   hours of flight training on
                                                                                   those areas of operation
                                                                                   specified in Sec.   61.311
                                                                                   preparing for the practical
                                                                                   test within 60 days before
                                                                                   the date of the test.
(e) Lighter-than-air category and       (1) 20 hours of flight time, including    (i) 2 hours of cross-country
 airship class privileges,               15 hours of flight training from an       flight training, (ii) Three
                                         authorized instructor in an airship and   takeoffs and landings to a
                                         at least 3 hours performing the duties    full stop (with each landing
                                         of pilot in command in an airship with    involving a flight in the
                                         an authorized instructor in the areas     traffic pattern) at an
                                         of operation listed in Sec.   61.311,     airport, (iii) One cross-
                                                                                   country flight of at least 25
                                                                                   nautical miles between the
                                                                                   takeoff and landing
                                                                                   locations, and (iv) 3 hours
                                                                                   of flight training on those
                                                                                   areas of operation specified
                                                                                   in Sec.   61.311 preparing
                                                                                   for the practical test within
                                                                                   60 days before the date of
                                                                                   the test.
(f) Lighter-than-air category and       (1) 7 hours of flight time in a balloon,  (i) 2 hours of cross-country
 balloon class privileges,               including three flights with an           flight training, and (ii) 3
                                         authorized instructor and one flight      hours of flight training on
                                         performing the duties of pilot in         those areas of operation
                                         command in a balloon with an authorized   specified in Sec.   61.311
                                         instructor in the areas of operation      preparing for the practical
                                         listed in Sec.   61.311,                  test within 60 days before
                                                                                   the date of the test.

[[Page 44873]]

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

Sec.  61.315  What are the privileges and limits of my sport pilot 
certificate?

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


Sec.  61.317  Is my sport pilot certificate issued with aircraft 
category and class ratings?

    Your sport pilot certificate does not list aircraft category and 
class ratings. When you successfully pass the practical test for a 
sport pilot certificate, regardless of the light-sport aircraft 
privileges you seek, the FAA will issue you a sport pilot certificate 
without any category and class ratings. The FAA will provide you with a 
logbook endorsement for the category, class, and make and model of 
aircraft in which you are authorized to act as pilot in command.


Sec.  61.319  Can I operate a make and model of aircraft other than the 
make and model aircraft for which I have received an endorsement?

    If you hold a sport pilot certificate you may operate any make and 
model of light-sport aircraft in the same category and class and within 
the same set of aircraft as the make and model of aircraft for which 
you have received an endorsement.

[[Page 44874]]

Sec.  61.321  How do I obtain privileges to operate an additional 
category or class of light-sport aircraft?

    If you hold a sport pilot certificate and seek 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 applicable aeronautical knowledge areas 
specified in Sec.  61.309 and areas of operation specified in Sec.  
61.311. The endorsement certifies you have met the aeronautical 
knowledge and flight proficiency 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 trained you on the 
aeronautical knowledge areas and areas of operation specified in 
Sec. Sec.  61.309 and 61.311 for the additional light-sport aircraft 
privilege you seek;
    (c) Complete an application for those privileges on a form and in a 
manner acceptable to the FAA and present this application to the 
authorized instructor who conducted the proficiency check specified in 
paragraph (b) of this section; and
    (d) Receive a logbook endorsement from the instructor who conducted 
the proficiency check specified in paragraph (b) of this section 
certifying you are proficient in the applicable areas of operation and 
aeronautical knowledge areas, and that you are authorized for the 
additional category and class light-sport aircraft privilege.


Sec.  61.323  How do I obtain privileges to operate a make and model of 
light-sport aircraft in the same category and class within a different 
set of aircraft?

    If you hold a sport pilot certificate and seek to operate a make 
and model of light-sport aircraft in the same category and class but 
within a different set of aircraft as the make and model of aircraft 
for which you have received an endorsement, you must--
    (a) Receive and log ground and flight training from an authorized 
instructor in a make and model of light-sport aircraft that is within 
the same set of aircraft as the make and model of aircraft you intend 
to operate;
    (b) Receive a logbook endorsement from the authorized instructor 
who provided you with the aircraft specific training specified in 
paragraph (a) of this section certifying you are proficient to operate 
the specific make and model of light-sport aircraft.


Sec.  61.325  How do I obtain privileges to operate a light-sport 
aircraft at an airport within, or in airspace within, Class B, C, and D 
airspace, or in other airspace with an airport having an operational 
control tower?

    If you hold a sport pilot certificate and seek privileges to 
operate a light-sport aircraft in Class B, C, or D airspace, at an 
airport located in Class B, C, or D airspace, or to, from, through, or 
at an airport having an operational control tower, you must receive and 
log ground and flight training. The authorized instructor who provides 
this training 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 system/
facilities, and radar services.
    (b) Operations at airports with an operating control tower to 
include three 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 part 91 of this chapter for 
operations in Class B, C, and D airspace and air traffic control 
clearances.


Sec.  61.327  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 you seek 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 the authorized instructor 
who provided the training specified in paragraph (a) of this section 
certifying that you are proficient in the operation of light-sport 
aircraft with a VH greater than 87 knots CAS.


Sec.  61.329  Are there special provisions for obtaining a sport pilot 
certificate for persons who are registered ultralight pilots with an 
FAA-recognized ultralight organization?

    (a) If you are a registered ultralight pilot with an FAA-recognized 
ultralight organization use the following table to determine how to 
obtain a sport pilot certificate.

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

[[Page 44875]]

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

    (b) When you successfully pass the practical test for a sport pilot 
certificate, the FAA will issue you a sport pilot certificate without 
any category and class ratings. The FAA will provide you with a logbook 
endorsement for the category, class, and make and model of aircraft in 
which you have successfully passed the practical test and for which you 
are authorized to act as pilot in command. If you meet the provisions 
of paragraph (a)(1) of this section, the FAA will provide you with a 
logbook endorsement for each category, class, and make and model of 
aircraft listed on the ultralight pilot records you provide to the FAA.

0
49. Amend part 61 by adding subpart K to read as follows:

Subpart K--Flight Instructors With a Sport Pilot Rating

Sec.
61.401 What is the purpose of this subpart?
61.403 What are the age, language, and pilot certificate 
requirements for a flight instructor certificate with a sport pilot 
rating?
61.405 What tests do I have to take to obtain a flight instructor 
certificate with a sport pilot rating?
61.407 What aeronautical knowledge must I have to apply for a flight 
instructor certificate with a sport pilot rating?
61.409 What flight proficiency requirements must I meet to apply for 
a flight instructor certificate with a sport pilot rating?
61.411 What aeronautical experience must I have to apply for a 
flight instructor certificate with a sport pilot rating?
61.413 What are the privileges of my flight instructor certificate 
with a sport pilot rating?
61.415 What are the limits of a flight instructor certificate with a 
sport pilot rating?
61.417 Will my flight instructor certificate with a sport pilot 
rating list aircraft category and class ratings?
61.419 How do I obtain privileges to provide training in an 
additional category or class of light-sport aircraft?
61.421 May I give myself an endorsement?
61.423 What are the recordkeeping requirements for a flight 
instructor with a sport pilot rating?
61.425 How do I renew my flight instructor certificate?
61.427 What must I do if my flight instructor certificate with a 
sport pilot rating expires?
61.429 May I exercise the privileges of a flight instructor 
certificate with a sport pilot rating if I hold a flight instructor 
certificate with another rating?
61.431 Are there special provisions for obtaining a flight 
instructor certificate with a sport pilot rating for persons who are 
registered ultralight instructors with an FAA-recognized ultralight 
organization?


Sec.  61.401  What is the purpose of this subpart?

    (a) This part prescribes the following requirements that apply to a 
flight instructor certificate with a sport pilot rating:
    (1) Eligibility.
    (2) Aeronautical knowledge.
    (3) Flight proficiency.
    (4) Endorsements.
    (5) Privileges and limits.
    (6) Transition provisions for registered ultralight flight 
instructors.
    (b) Other provisions of this part apply to the logging of flight 
time and testing.


Sec.  61.403  What are the age, language, and pilot certificate 
requirements for a flight instructor certificate with a sport pilot 
rating?

    To be eligible for a flight instructor certificate with a sport 
pilot rating you must:
    (a) Be at least 18 years old.
    (b) Be able to read, speak, write, and understand English. If you 
cannot read, speak, write, and understand English because of medical 
reasons, the FAA may place limits on your certificate as are necessary 
for the safe operation of light-sport aircraft.
    (c) Hold at least a current and valid sport pilot certificate with 
category and class ratings or privileges, as applicable, that are 
appropriate to the flight instructor privileges sought.


Sec.  61.405  What tests do I have to take to obtain 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 take a knowledge test, you must 
receive a logbook endorsement certifying you are prepared for the test 
from an authorized instructor who trained you or evaluated your home-
study course on the aeronautical knowledge areas listed in Sec.  
61.407. You must pass knowledge tests on--
    (1) The fundamentals of instructing listed in Sec.  61.407(a), 
unless you meet the requirements of Sec.  61.407(c); and
    (2) The aeronautical knowledge areas for a sport pilot certificate 
applicable to the aircraft category and class for which flight 
instructor privileges are sought.
    (b) Practical test.
    (1) Before you take the practical test, you must--
    (i) Receive a logbook endorsement from the authorized instructor 
who provided you with flight training on the areas of operation 
specified in Sec.  61.409 that apply to the category and class of 
aircraft privileges you seek. This endorsement certifies you meet the 
applicable aeronautical knowledge and experience requirements and are 
prepared for the practical test;
    (ii) If you are seeking privileges to provide instruction in an 
airplane or glider, 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 or glider, as appropriate, that is certificated 
for spins;
    (2) You must pass a practical test--
    (i) On the areas of operation listed in Sec.  61.409 that are 
appropriate to the category and class of aircraft privileges you seek;
    (ii) In an aircraft representative of the category and class of 
aircraft for the privileges you seek;
    (iii) In which you demonstrate that you are able to teach stall 
awareness, spin entry, spins, and spin recovery procedures if you are 
seeking privileges to provide instruction in an airplane or glider. If 
you have not failed a practical test based on deficiencies in your 
ability to demonstrate knowledge or skill in these areas and you 
provide the

[[Page 44876]]

endorsement required by paragraph (b)(1)(ii) of this section, an 
examiner may accept the endorsement instead of the demonstration 
required by this paragraph. If you are taking a test because you 
previously failed a test based on not meeting the requirements of this 
paragraph, you must pass a practical test on stall awareness, spin 
entry, spins, and spin recovery instructional competency and 
proficiency in the applicable category and class of aircraft that is 
certificated for spins.


Sec.  61.407  What aeronautical knowledge must I have to apply for a 
flight instructor certificate with a sport pilot rating?

    (a) Except as specified in paragraph (c) of this section you must 
receive and log ground training from an authorized instructor on the 
fundamentals of instruction that includes:
    (1) The learning process.
    (2) Elements of effective teaching.
    (3) Student evaluation and testing.
    (4) Course development.
    (5) Lesson planning.
    (6) Classroom training techniques.
    (b) You must receive and log ground training from an authorized 
instructor on the aeronautical knowledge areas applicable to a sport 
pilot certificate for the aircraft category and class in which you seek 
flight instructor privileges.
    (c) You do not have to meet the requirements of paragraph (a) of 
this section if you--
    (1) Hold a flight instructor certificate or ground instructor 
certificate issued under this part;
    (2) Hold a current teacher's certificate issued by a State, county, 
city, or municipality; or
    (3) Are employed as a teacher at an accredited college or 
university.


Sec.  61.409  What flight proficiency requirements must I meet to apply 
for a flight instructor certificate with a sport pilot rating?

    You must receive and log ground and flight training from an 
authorized instructor on the following areas of operation for the 
aircraft category and class in which you seek flight instructor 
privileges:
    (a) Technical subject areas.
    (b) Preflight preparation.
    (c) Preflight lesson on a maneuver to be performed in flight.
    (d) Preflight procedures.
    (e) Airport, seaplane base, and gliderport operations, as 
applicable.
    (f) Takeoffs (or launches), landings, and go-arounds.
    (g) Fundamentals of flight.
    (h) Performance maneuvers and for gliders, performance speeds.
    (i) Ground reference maneuvers (except for gliders and lighter-
than-air).
    (j) Soaring techniques.
    (k) Slow flight (not applicable to lighter-than-air and powered 
parachutes).
    (l) Stalls (not applicable to lighter-than-air, powered parachutes, 
and gyroplanes).
    (m) Spins (applicable to airplanes and gliders).
    (n) Emergency operations.
    (o) Tumble entry and avoidance techniques (applicable to weight-
shift-control aircraft).
    (p) Post-flight procedures.


Sec.  61.411  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 rating  for .  Then you must log at least . . .  Which must include at least . .
                     . .                                                                        .
----------------------------------------------------------------------------------------------------------------
(a) Airplane category and single-engine class  (1) 150 hours of flight time as   (i) 100 hours of flight time as
 privileges,                                    a pilot,.                         pilot in command in powered
                                                                                  aircraft,
                                                                                 (ii) 50 hours of flight time in
                                                                                  a single-engine airplane,
                                                                                 (iii) 25 hours of cross-country
                                                                                  flight time,
                                                                                 (iv) 10 hours of cross-country
                                                                                  flight time in a single-engine
                                                                                  airplane, and
                                                                                 (v) 15 hours of flight time as
                                                                                  pilot in command in a single-
                                                                                  engine airplane that is a
                                                                                  light-sport aircraft.
(b) Glider category privileges,                (1) 25 hours of 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) Rotorcraft category and gyroplane class    (1) 125 hours of flight time as   (i) 100 hours of flight time as
 privileges,                                    a pilot,.                         pilot in command in powered
                                                                                  aircraft,
                                                                                 (ii) 50 hours of flight time in
                                                                                  a gyroplane,
                                                                                 (iii) 10 hours of cross-country
                                                                                  flight time,
                                                                                 (iv) 3 hours of cross-country
                                                                                  flight time in a gyroplane,
                                                                                  and
                                                                                 (v) 15 hours of flight time as
                                                                                  pilot in command in a
                                                                                  gyroplane that is a light-
                                                                                  sport aircraft.
(d) Lighter-than-air category and airship      (1) 100 hours of flight time as   (i) 40 hours of flight time in
 class privileges,                              a pilot,.                         an airship,
                                                                                 (ii) 20 hours of pilot in
                                                                                  command time in an airship,
                                                                                 (iii) 10 hours of cross-country
                                                                                  flight time,
                                                                                 (iv) 5 hours of cross-country
                                                                                  flight time in an airship, and
                                                                                 (v) 15 hours of flight time as
                                                                                  pilot in command in an airship
                                                                                  that is a light-sport
                                                                                  aircraft.
(e) Lighter-than-air category and balloon      (1) 35 hours of flight time as    (i) 20 hours of flight time in
 class privileges,                              pilot-in-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.

[[Page 44877]]

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

Sec.  61.413  What are the privileges of my flight instructor 
certificate with a sport pilot rating?

    If you hold a fight flight instructor certificate with a sport 
pilot rating, you are authorized, within the limits of your certificate 
and rating, to provide training and logbook endorsements for--
    (a) A student pilot seeking a sport pilot certificate;
    (b) A sport pilot certificate;
    (c) A flight instructor certificate with a sport pilot rating;
    (d) A powered parachute or weight-shift-control aircraft rating;
    (e) Sport pilot privileges;
    (f) A flight review or operating privilege for a sport pilot;
    (g) A practical test for a sport pilot certificate, a private pilot 
certificate with a powered parachute or weight-shift-control aircraft 
rating or a flight instructor certificate with a sport pilot rating;
    (h) A knowledge test for a sport pilot certificate, a private pilot 
certificate with a powered parachute or weight-shift-control aircraft 
rating or a flight instructor certificate with a sport pilot rating; 
and
    (i) A proficiency check for an additional category, class, or make 
and model privilege for a sport pilot certificate or a flight 
instructor certificate with a sport pilot rating.


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

[[Page 44878]]

    (2) For single place aircraft, pre-solo flight training must be 
provided in an aircraft that has two pilot stations and is of the same 
category and class appropriate to the certificate, rating, or privilege 
sought.


Sec.  61.417  Will my flight instructor certificate with a sport pilot 
rating list aircraft category and class ratings?

    Your flight instructor certificate does not list 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 privileges you seek, the FAA will issue you a 
flight instructor certificate with a sport pilot rating without any 
category and class ratings. The FAA will provide you with a logbook 
endorsement for the category and class of light-sport aircraft you are 
authorized to provide training in.


Sec.  61.419  How do I obtain privileges to provide training in an 
additional category or class of light-sport aircraft?

    If you hold a flight instructor certificate with a sport pilot 
rating and seek to provide training in 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 applicable areas of operation specified in Sec.  
61.409 certifying you have met the aeronautical knowledge and flight 
proficiency requirements for the additional category and class flight 
instructor privilege you seek;
    (b) Successfully complete a proficiency check from an authorized 
instructor other than the instructor who trained you on the areas 
specified in Sec.  61.409 for the additional category and class flight 
instructor privilege you seek;
    (c) Complete an application for those privileges on a form and in a 
manner acceptable to the FAA and present this application to the 
authorized instructor who conducted the proficiency check specified in 
paragraph (b) of this section; and
    (d) Receive a logbook endorsement from the instructor who conducted 
the proficiency check specified in paragraph (b) of this section 
certifying you are proficient in the areas of operation and authorized 
for the additional category and class flight instructor privilege.


Sec.  61.421  May I give myself an endorsement?

    No. If you hold a flight instructor certificate with a sport pilot 
rating, you may not give yourself an endorsement for any certificate, 
privilege, rating, flight review, authorization, practical test, 
knowledge test, or proficiency check required by this part.


Sec.  61.423  What are the recordkeeping requirements for a flight 
instructor with a sport pilot rating?

    (a) As a flight instructor with a sport pilot rating you must:
    (1) Sign the logbook of each person to whom you have given flight 
training or ground training.
    (2) Keep a record of the name, date, and type of endorsement for:
    (i) Each person whose logbook or student pilot certificate you have 
endorsed for solo flight privileges.
    (ii) 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, and the results.
    (iii) Each person whose logbook you have endorsed as proficient to 
operate--
    (A) An additional category or class of light-sport aircraft;
    (B) An additional make and model of light-sport aircraft;
    (C) In Class B, C, and D airspace; at an airport located in Class 
B, C, or D airspace; and to, from, through, or at an airport having an 
operational control tower; and
    (D) A light-sport aircraft with a VH greater than 87 
knots CAS.
    (iv) Each person whose logbook you have endorsed as proficient to 
provide flight training in an additional--
    (A) Category or class of light-sport aircraft; and
    (B) Make and model of light-sport aircraft.
    (b) Within 10 days after providing an endorsement for a person to 
operate or provide training in an additional category and class of 
light-sport aircraft you must--
    (1) Complete, sign, and submit to the FAA the application presented 
to you to obtain those privileges; and
    (2) Retain a copy of the form.
    (c) You must keep the records listed in this section for 3 years. 
You may keep these records in a logbook or a separate document.


Sec.  61.425  How do I renew my flight instructor certificate?

    If you hold a flight instructor certificate with a sport pilot 
rating you may renew your certificate in accordance with the provisions 
of Sec.  61.197.


Sec.  61.427  What must I do if my flight instructor certificate with a 
sport pilot rating expires?

    You may exchange your expired flight instructor certificate with a 
sport pilot rating for a new certificate with a sport pilot rating and 
any other rating on that certificate by passing a practical test as 
prescribed in Sec.  61.405(b) or Sec.  61.183(h) for one of the ratings 
listed on the expired flight instructor certificate. The FAA will 
reinstate any privilege authorized by the expired certificate.


Sec.  61.429  May I exercise the privileges of a flight instructor 
certificate with a sport pilot rating if I hold a flight instructor 
certificate with another rating?

    If you hold a current and valid flight instructor certificate, a 
commercial pilot certificate with an airship rating, or a commercial 
pilot certificate with a balloon rating issued under this part, 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:
    (a) You are limited to the aircraft category and class ratings 
listed on your flight instructor certificate, commercial pilot 
certificate with an airship rating, or commercial pilot certificate 
with a balloon rating, as appropriate, when exercising your flight 
instructor privileges and the privileges specified in Sec.  61.413.
    (b) You must comply with the limits specified in Sec.  61.415 and 
the recordkeeping requirements of Sec.  61.423.
    (c) If you want to exercise the privileges of your flight 
instructor certificate, commercial pilot certificate with an airship 
rating, or commercial pilot certificate with a balloon rating, as 
appropriate, in a category, class, or make and model of light-sport 
aircraft for which you are not currently rated, you must meet all 
applicable requirements to provide training in an additional category 
or class of light-sport aircraft specified in Sec.  61.419.


Sec.  61.431  Are there special provisions for obtaining a flight 
instructor certificate with a sport pilot rating for persons who are 
registered ultralight instructors with an FAA-recognized ultralight 
organization?

    If you are a registered ultralight instructor with an FAA-
recognized ultralight organization on or before September 1, 2004, and 
you want to apply for a flight instructor certificate with a sport 
pilot rating, not later than January 31, 2008--
    (a) You must hold either a current and valid sport pilot 
certificate, a current recreational pilot certificate and meet the 
requirements Sec.  61.101(c), or at least a current and valid private 
pilot certificate issued under this part.
    (b) You must meet the eligibility requirements in Sec. Sec.  61.403 
and 61.23. You do not have to meet the

[[Page 44879]]

aeronautical knowledge requirements specified in Sec.  61.407, the 
flight proficiency requirements specified in Sec.  61.409 and the 
aeronautical experience requirements specified in Sec.  61.411, except 
you must meet the minimum total flight time requirements in the 
category and class of light-sport aircraft specified in Sec.  61.411.
    (c) You do not have to meet the aeronautical knowledge requirement 
specified in Sec.  61.407(a) if you have passed an FAA-recognized 
ultralight organization's fundamentals of instruction knowledge test.
    (d) You must submit a certified 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) Indicate that you are recognized to operate and provide 
training in the category and class of aircraft for which you seek 
privileges.
    (e) You must pass the knowledge test and practical test for a 
flight instructor certificate with a sport pilot rating applicable to 
the aircraft category and class for which you seek flight instructor 
privileges.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
50. 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.


0
51. Amend Sec.  65.85 by designating the existing text as paragraph (a) 
and inserting phrase ``Except as provided in paragraph (b) of this 
section,'' at the beginning of new paragraph (a), and adding paragraph 
(b) to read as follows:


Sec.  65.85  Airframe rating; additional privileges.

* * * * *
    (b) A certificated mechanic with an airframe rating can approve and 
return to service an airframe, or any related part or appliance, of an 
aircraft with a special airworthiness certificate in the light-sport 
category after performing and inspecting a major repair or major 
alteration for products that are not produced under an FAA approval 
provided the work was performed in accordance with instructions 
developed by the manufacturer or a person acceptable to the FAA.

0
52. Amend Sec.  65.87 by designating the existing text as paragraph (a) 
and inserting the phrase ``Except as provided in paragraph (b) of this 
section,'' at the beginning of new paragraph (a) and adding paragraph 
(b) to read as follows:


Sec.  65.87  Powerplant rating; additional privileges.

* * * * *
    (b) A certificated mechanic with a powerplant rating can approve 
and return to service a powerplant or propeller, or any related part or 
appliance, of an aircraft with a special airworthiness certificate in 
the light-sport category after performing and inspecting a major repair 
or major alteration for products that are not produced under an FAA 
approval, provided the work was performed in accordance with 
instructions developed by the manufacturer or a person acceptable to 
the FAA.

0
53. 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 the issuance of a repairman 
certificate (experimental aircraft builder) under Sec.  65.104 or to a 
repairman certificate (light-sport aircraft) under Sec.  65.107.

0
54. Amend Sec.  65.103 by adding paragraph (c) to read as follows:


Sec.  65.103  Repairman certificate: Privileges and limitations.

* * * * *
    (c) This section does not apply to the holder of a repairman 
certificate (light-sport aircraft) while that repairman is performing 
work under that certificate.
* * * * *

0
55. 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 your eligibility for a 
repairman certificate (light-sport aircraft) and appropriate rating:

------------------------------------------------------------------------
           To be eligible for                        You must
------------------------------------------------------------------------
(1) A repairman certificate (light-      (i) Be at least 18 years old,
 sport aircraft).                        (ii) Be able to read, speak,
                                          write, and understand English.
                                          If for medical reasons you
                                          cannot meet one of these
                                          requirements, the FAA may
                                          place limits on your repairman
                                          certificate necessary to
                                          safely perform the actions
                                          authorized by the certificate
                                          and rating,
                                         (iii) Demonstrate the requisite
                                          skill to determine whether a
                                          light-sport aircraft is in a
                                          condition for safe operation,
                                          and
                                         (iv) Be a citizen of the United
                                          States, or a citizen of a
                                          foreign country who has been
                                          lawfully admitted for
                                          permanent residence in the
                                          United States.
(2) A repairman certificate (light-      (i) Meet the requirements of
 sport aircraft) with an inspection       paragraph (a)(1) of this
 rating.                                  section, and
                                         (ii) Complete a 16-hour
                                          training course acceptable to
                                          the FAA on inspecting the
                                          particular class of
                                          experimental light-sport
                                          aircraft for which you intend
                                          to exercise the privileges of
                                          this rating.
(3) A repairman certificate (light-      (i) Meet the requirements of
 sport aircraft) with a maintenance       paragraph (a)(1) of this
 rating                                   section, and
                                         (ii) Complete a training course
                                          acceptable to the FAA on
                                          maintaining the particular
                                          class of light-sport aircraft
                                          for which you intend to
                                          exercise the privileges of
                                          this rating. The training
                                          course must, at a minimum,
                                          provide the following number
                                          of hours of instruction:
                                         (A) For airplane class
                                          privileges--120-hours,
                                         (B) For weight-shift control
                                          aircraft class privileges--104
                                          hours,
                                         (C) For powered parachute class
                                          privileges--104 hours,
                                         (D) For lighter than air class
                                          privileges--80 hours,
                                         (E) For glider class
                                          privileges--80 hours.
------------------------------------------------------------------------


[[Page 44880]]

    (b) The holder of a repairman certificate (light-sport aircraft) 
with an inspection rating may perform the annual condition inspection 
on a light-sport aircraft:
    (1) That is owned by the holder;
    (2) That has been issued an experimental certificate for operating 
a light-sport aircraft under Sec.  21.191(i) of this chapter; and
    (3) That is in the same class of light-sport-aircraft for which the 
holder has completed the training specified in paragraph (a)(2)(ii) of 
this section.
    (c) The holder of a repairman certificate (light-sport aircraft) 
with a maintenance rating may--
    (1) Approve and return to service an aircraft that has been issued 
a special airworthiness certificate in the light-sport category under 
Sec.  21.190 of this chapter, or any part thereof, after performing or 
inspecting maintenance (to include the annual condition inspection and 
the 100-hour inspection required by Sec.  91.327 of this chapter), 
preventive maintenance, or an alteration (excluding a major repair or a 
major alteration on a product produced under an FAA approval);
    (2) Perform the annual condition inspection on a light-sport 
aircraft that has been issued an experimental certificate for operating 
a light-sport aircraft under Sec.  21.191(i) of this chapter; and
    (3) Only perform maintenance, preventive maintenance, and an 
alteration on a light-sport aircraft that is in the same class of 
light-sport aircraft for which the holder has completed the training 
specified in paragraph (a)(3)(ii) of this section. Before performing a 
major repair, the holder must complete additional training acceptable 
to the FAA and appropriate to the repair performed.
    (d) The holder of a repairman certificate (light-sport aircraft) 
with a maintenance rating may not approve for return to service any 
aircraft or part thereof unless that person has previously performed 
the work concerned satisfactorily. If that person has not previously 
performed that work, the person may show the ability to do the work by 
performing it to the satisfaction of the FAA, or by performing it under 
the direct supervision of a certificated and appropriately rated 
mechanic, or a certificated repairman, who has had previous experience 
in the specific operation concerned. The repairman may not exercise the 
privileges of the certificate unless the repairman understands the 
current instructions of the manufacturer and the maintenance manuals 
for the specific operation concerned.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
56. 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).


0
57. 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 Sec. Sec.  91.1 through 91.21; Sec. Sec.  
91.101 through 91.143; Sec. Sec.  91.151 through 91.159; Sec. Sec.  
91.167 through 91.193; Sec.  91.203; Sec.  91.205; Sec. Sec.  91.209 
through 91.217; Sec.  91.221; Sec. Sec.  91.303 through 91.319; 
Sec. Sec.  91.323 through 91.327; Sec.  91.605; Sec.  91.609; 
Sec. Sec.  91.703 through 91.715; and Sec.  91.903.
* * * * *

0
58. 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.
* * * * *

0
59. 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.
* * * * *

0
60. Amend Sec.  91.131 by revising paragraphs (b)(1)(i), (b)(1)(ii) and 
(b)(2), and by adding paragraphs (b)(1)(iii) and (b)(1)(iv) to read as 
follows:


Sec.  91.131  Operations in Class B airspace.

* * * * *
    (b) * * *
    (1) * * *
    (i) The pilot in command holds at least a private pilot 
certificate;
    (ii) The pilot in command holds a recreational pilot certificate 
and has met--
    (A) The requirements of Sec.  61.101(d) of this chapter; or
    (B) The requirements for a student pilot seeking a recreational 
pilot certificate in Sec.  61.94 of this chapter;
    (iii) The pilot in command holds a sport pilot certificate and has 
met --
    (A) The requirements of Sec.  61.325 of this chapter; or
    (B) The requirements for a student pilot seeking a recreational 
pilot certificate in Sec.  61.94 of this chapter; or
    (iv) The aircraft is operated by a student pilot who has met the 
requirements of Sec.  61.94 or Sec.  61.95 of this chapter, as 
applicable.
* * * * *
    (2) Notwithstanding the provisions of paragraphs (b)(1)(ii), 
(b)(1)(iii) and (b)(1)(iv) of this section, no person may take off or 
land a civil aircraft at those airports listed in section 4 of appendix 
D to this part unless the pilot in command holds at least a private 
pilot certificate.
* * * * *

0
61. 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 the visibility is less than 3 statute miles but not less than 1 
statute mile during night hours and you are operating in an airport 
traffic pattern within \1/2\ mile of the runway, you may operate an 
airplane, powered parachute, or weight-shift-control aircraft clear of 
clouds.
* * * * *

0
62. 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, powered parachute, or weight-shift-control aircraft, for 
which a master minimum equipment list has not been developed; or
* * * * *

0
63. Amend Sec.  91.309 by revising the section heading and paragraphs 
(a) introductory text, (a)(3), (a)(5), and (b) to read as follows:

[[Page 44881]]

Sec.  91.309  Towing: Gliders and unpowered ultralight vehicles.

    (a) No person may operate a civil aircraft towing a glider or 
unpowered ultralight vehicle unless--
* * * * *
    (3) The towline used has breaking strength not less than 80 percent 
of the maximum certificated operating weight of the glider or unpowered 
ultralight vehicle and not more than twice this operating weight. 
However, the towline used may have a breaking strength more than twice 
the maximum certificated operating weight of the glider or unpowered 
ultralight vehicle if--
    (i) A safety link is installed at the point of attachment of the 
towline to the glider or unpowered ultralight vehicle with a breaking 
strength not less than 80 percent of the maximum certificated operating 
weight of the glider or unpowered ultralight vehicle and not greater 
than twice this operating weight;
    (ii) A safety link is installed at the point of attachment of the 
towline to the towing aircraft with a breaking strength greater, but 
not more than 25 percent greater, than that of the safety link at the 
towed glider or unpowered ultralight vehicle end of the towline and not 
greater than twice the maximum certificated operating weight of the 
glider or unpowered ultralight vehicle;
* * * * *
    (5) The pilots of the towing aircraft and the glider or unpowered 
ultralight vehicle have agreed upon a general course of action, 
including takeoff and release signals, airspeeds, and emergency 
procedures for each pilot.
    (b) No pilot of a civil aircraft may intentionally release a 
towline, after release of a glider or unpowered ultralight vehicle, in 
a manner that endangers the life or property of another.

0
64. Amend Sec.  91.319 by redesignating paragraph (e) as paragraph (h) 
and adding new paragraphs (e), (f) and (g) to read as follows:


Sec.  91.319  Aircraft having experimental certificates: Operating 
limitations.

* * * * *
    (e) No person may operate an aircraft that is issued an 
experimental certificate under Sec.  21.191(i) of this chapter for 
compensation or hire, except a person may operate an aircraft issued an 
experimental certificate under Sec.  21.191(i)(1) for compensation or 
hire to--
    (1) Tow a glider that is a light-sport aircraft or unpowered 
ultralight vehicle in accordance with Sec.  91.309; or
    (2) Conduct flight training in an aircraft which that person 
provides prior to January 31, 2010.
    (f) No person may lease an aircraft that is issued an experimental 
certificate under Sec.  21.191(i) of this chapter, except in accordance 
with paragraph (e)(1) of this section.
    (g) No person may operate an aircraft issued an experimental 
certificate under Sec.  21.191(i)(1) of this chapter to tow a glider 
that is a light-sport aircraft or unpowered ultralight vehicle for 
compensation or hire or to conduct flight training for compensation or 
hire in an aircraft which that persons provides unless within the 
preceding 100 hours of time in service the aircraft has--
    (1) Been inspected by a certificated repairman (light-sport 
aircraft) with a maintenance rating, an appropriately rated mechanic, 
or an appropriately rated repair station in accordance with inspection 
procedures developed by the aircraft manufacturer or a person 
acceptable to the FAA; or
    (2) Received an inspection for the issuance of an airworthiness 
certificate in accordance with part 21 of this chapter.
    (h) The FAA may issue deviation authority providing relief from the 
provisions of paragraph (a) of this section for the purpose of 
conducting 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) An applicant must 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 that establishes a level of 
safety equivalent to that provided under the regulations for the 
deviation requested.
* * * * *

0
65. Add Sec.  91.327 to read as follows:


Sec.  91.327  Aircraft having a special airworthiness certificate in 
the light-sport category: Operating limitations.

    (a) No person may operate an aircraft that has a special 
airworthiness certificate in the light-sport category for compensation 
or hire except--
    (1) To tow a glider or an unpowered ultralight vehicle in 
accordance with Sec.  91.309 of this chapter; or
    (2) To conduct flight training.
    (b) No person may operate an aircraft that has a special 
airworthiness certificate in the light-sport category unless--
    (1) The aircraft is maintained by a certificated repairman with a 
light-sport aircraft maintenance rating, an appropriately rated 
mechanic, or an appropriately rated repair station in accordance with 
the applicable provisions of part 43 of this chapter and maintenance 
and inspection procedures developed by the aircraft manufacturer or a 
person acceptable to the FAA;
    (2) A condition inspection is performed once every 12 calendar 
months by a certificated repairman (light-sport aircraft) with a 
maintenance rating, an appropriately rated mechanic, or an 
appropriately rated repair station in accordance with inspection 
procedures developed by the aircraft manufacturer or a person 
acceptable to the FAA;
    (3) The owner or operator complies with all applicable 
airworthiness directives;
    (4) The owner or operator complies with each safety directive 
applicable to the aircraft that corrects an existing unsafe condition. 
In lieu of complying with a safety directive an owner or operator may--
    (i) Correct the unsafe condition in a manner different from that 
specified in the safety directive provided the person issuing the 
directive concurs with the action; or
    (ii) Obtain an FAA waiver from the provisions of the safety 
directive based on a conclusion that the safety directive was issued 
without adhering to the applicable consensus standard;
    (5) Each alteration accomplished after the aircraft's date of 
manufacture meets the applicable and current consensus standard and has 
been authorized by either the manufacturer or a person acceptable to 
the FAA;
    (6) Each major alteration to an aircraft product produced under a 
consensus standard is authorized, performed and inspected in accordance 
with maintenance and inspection procedures developed by the 
manufacturer or a person acceptable to the FAA; and
    (7) The owner or operator complies with the requirements for the 
recording of major repairs and major alterations performed on type-
certificated products in accordance with Sec.  43.9(d) of this chapter, 
and with the retention requirements in Sec.  91.417.
    (c) No person may operate an aircraft issued a special 
airworthiness certificate in the light-sport category to tow a glider 
or unpowered ultralight vehicle for compensation or hire or conduct 
flight training for compensation or hire in an aircraft which that 
persons provides unless within the preceding 100 hours of time in 
service the aircraft has--
    (1) Been inspected by a certificated repairman with a light-sport 
aircraft maintenance rating, an appropriately rated mechanic, or an 
appropriately

[[Page 44882]]

rated repair station in accordance with inspection procedures developed 
by the aircraft manufacturer or a person acceptable to the FAA and been 
approved for return to service in accordance with part 43 of this 
chapter; or
    (2) Received an inspection for the issuance of an airworthiness 
certificate in accordance with part 21 of this chapter.
    (d) Each person operating an aircraft issued a special 
airworthiness certificate in the light-sport category must operate the 
aircraft in accordance with the aircraft's operating instructions, 
including any provisions for necessary operating equipment specified in 
the aircraft's equipment list.
    (e) Each person operating an aircraft issued a special 
airworthiness certificate in the light-sport category must advise each 
person carried of the special nature of the aircraft and that the 
aircraft does not meet the airworthiness requirements for an aircraft 
issued a standard airworthiness certificate.
    (f) The FAA may prescribe additional limitations that it considers 
necessary.

0
66. Amend Sec.  91.409 by revising paragraph (c)(1) to read as follows:


Sec.  91.409  Inspections.

* * * * *
    (c) * * *
    (1) An aircraft that carries a special flight permit, a current 
experimental certificate, or a light-sport or provisional airworthiness 
certificate;
* * * * *

0
67. Amend Appendix D to part 91 by revising the section heading and 
introductory text of Section 4 to read as follows:

Appendix D to Part 91--Airports/Locations: Special Operating 
Restrictions

* * * * *
    Section 4. Locations at which solo student, sport, and 
recreational pilot activity is not permitted.
    Pursuant to Sec.  91.131(b)(2), solo student, sport, and 
recreational pilot operations are not permitted at any of the 
following airports.
* * * * *

    Issued in Washington, DC, on July 16, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-16577 Filed 7-20-04; 9:33 am]
BILLING CODE 4910-13-P