[4910-13]

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.

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 9-ACE-AVR-SPORTPILOT-QUESTIONS@faa.gov. 

	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  
HYPERLINK "http://dms.dot.gov"  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 Website,
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
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   HYPERLINK
http://www.faa.gov/avr/arm/sbrefa.htm 
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 §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 §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 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 §1.1,
Definition of Light-Sport Aircraft, a sport pilot can operate an
aircraft meeting the light-sport aircraft definition in §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 website
(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; §1.1 definition of
“light-sport aircraft” paragraph (1)--489 comments

Maximum speed in level flight under maximum continuous power for
light-sport aircraft; §1.1 definition of “light-sport aircraft”
paragraph (2)--141 comments

Maximum stall speed limits for light-sport aircraft; §1.1 definition of
“light-sport aircraft” paragraph (4)--62 comments

Fixed or ground-adjustable propellers and repositionable landing gear on
light-sport aircraft; §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; §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; 

§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 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 certificate 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
§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
§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 §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 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.  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 §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



Light-Sport Aircraft Maintenance and Certification Requirements 

	Ultralights, part

103--254 pounds EW

	ELSA under §21.191 (i)-- 1,320 pounds MTOW	SLSA under  §21.190--1,320
pounds MTOW	Amateur-built under §21.191 (g)--No MTOW	Primary aircraft
under §21.24--2,700 pounds MTOW	Standard aircraft under §21.21--No
MTOW

Regist-ration “N” number

	None	Yes	Yes	Yes	Yes	Yes

Airworth-iness 

Certificate	None	Yes	Yes	Yes	Yes	Yes

Operating

privileges and limits (may be restricted by pilot certificate or
aircraft operating limitations)	Day

VFR

Uncong-ested areas only

Class A, B, C, D, and surface-based E airspace; ATC permission required
(no equipment required)

Class E and G airspace

No passengers 

Flight training (under part 103 two-place training exemption) 

Towing (under part 103 towing exemption) 	Day/night

VFR/IFR

Congested and uncongested areas

Class A, B, C, D, E and G airspace; (with part 91 equipment)

One passenger

Limited flight training (5 years under §91.319 (e)(2))

Towing existing fleet (under §91.319 (e)(1)) 	Day/night

VFR/IFR

Congested and uncongested areas

Class A, B, C, D, E and G airspace;  (with part 91 equipment)

One passenger

Flight training and rental

Towing

	Day/night

VFR/IFR

Congested and uncongested areas

Class A, B, C, D, E and G airspace;  (with part 91 equipment)	Day/night

VFR/IFR

Congested and uncongested areas

Class A, B, C, D, E and G airspace;  (with part 91 equipment)

Flight training and rental

Towing	Day/night

VFR/IFR

Congested and uncongested areas

Class A, B, C, D, E and G airspace;  (with part 91 equipment)

Flight training and rental

Com-

mercial operations

Mainten-ance	None	Owner- maintained	Maintenance--

Repairman (LS-M)

Mechanic (A&P)

Part 145 Repair station

Preventive maintenance--

Sport pilot or higher	Owner-maintained

	Maintenance--

Mechanic (A & P)

Part 145 Repair station

Preventive maintenance--

Recreation-al pilot or higher  	Maintenance --

Mechanic (A & P)

Part 145 Repair station

Preventive maintenance – 

Recreation-al pilot or higher

Inspect-ions	None (1)	Annual con-

dition--

Repairman LS –I and LS-M 

Mechanic 

(A & P) 

Part 145 Repair station

100-hour condition (2)--

Repairman LS-M

Mechanic 

(A & P)

Part 145 Repair station

	Annual condition--

Repairman LS - M 

Mechanic (A & P) 

Part 145 Repair station

100-hour condition (3)--

Repairman LS-M

Mechanic (A & P)

Part 145 Repair station

	Annual condition--

Repairman (experimental aircraft builder) 

Mechanic (A & P)

Part 145 repair station

	Annual condition--

Mechanic (A & P)

Part 145 repair station

100-hour condition (4)--

Mechanic (A & P)

Part 145 Repair station	Annual condition--

Mechanic (A & P)

Part 145 Repair station

100-hour condition (4)--

Mechanic (A & P)

Part 145 repair station

Airworth-iness 

Directives	None	None issued against ELSA 	Yes – Type certificated
TC/STC/PMA/TSO-approved products, if installed	None issued against
amateur-built aircraft	Yes	Yes

Safety Directives	None	None	Yes	None	None	None

FAA Type or Product-ion

Certificate	No	No 	No 	No 	Yes	Yes

Consensus Standard	No	No (5)	Yes	No	No	No



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. 

Applies to training aircraft used for compensation until January 31,
2010 , and tow aircraft used for compensation

Applies to aircraft used for flight training or towing for compensation 

Applies to aircraft used for flight instruction for hire – §91.409

ELSA – Kit-built (§21.191(i)(2)(ii)) or aircraft that have been
previously issued a special airworthiness certificate in the light-sport
category (§21.191 (i)(3)) meet consensus standards 



Aircraft Authorized That May Be Operated By Pilots

	Part 103 Ultralight

Weight:

(254 EW)

(496 EW–2-place trainer operating under part 103 exemption)

Aircraft Certification:

None - Ultralight Vehicle	Light-Sport Aircraft

Weight:

(1,320/1,430 Floats and amphibious MTOW)

Aircraft Certification:

ELSA, SLSA, Limited, Restricted, Primary, Standard	Small Aircraft

Weight:

(< 12, 500 MTOW)

Aircraft Certification:

ELSA, SLSA, Limited, Restricted, Primary, Standard

Ultralight pilot 

Ultralight instructor

	Yes	No	No

Sport Pilot	Yes	Yes	Yes, if aircraft meets the definition of
“light-sport aircraft” in §1.1

Recreational Pilot	Yes	Yes	Yes – 4-place/2 passengers;

180 horsepower, single-engine, non-complex

rotorcraft/airplane

Private Pilot	Yes	Yes	Yes

CFI – Sport Pilot	Yes	Yes	Yes, if aircraft meets the definition of
“light-sport aircraft” in §1.1

CFI 	Yes	Yes	Yes





Pilot Certification Eligibility, Training and Testing Requirements

	Medical Eligibility	Training Requirements	Testing Requirements	Add-On
Privileges or Ratings

Ultralight Pilot

	None	None	None	No

Ultralight Instructor	None	None	None	None

Sport Pilot	Current and valid U.S. driver’s license unless §61.303(b)
applies 

Or

Valid medical certificate issued under part 67

Gliders and balloons—Airman medical certificate not required 
Airplane, Gyro, weight-shift-control,

and airships 

20 Hours – Total

15 Hours – Flight training

5 Hours – Solo

2 Hours – Dual Cross Country

1 Solo Cross Country

3 Hours – Prep

(Registered ultralight pilots with FAA-recognized ultralight

organizations may be given credit until January 31, 2007

Other requirements for powered parachutes, gliders, balloons	CFI or
CFI-SP Recommendation –

Knowledge test 

Practical test 

	Cat/Class Privileges–

Training – CFI or CFI-SP

Recommendation –CFI or CFI-SP

Proficiency Check –Different CFI or CFI-SP

Endorsement/Form 8710-11

Make and model (to operate aircraft within a set of aircraft)

Class B, C, D–

VH> 87 Knots CAS--

Training –CFI or CFI-SP

Endorsement - CFI or CFI-SP 



Recreational Pilot	Third-class medical certificate issued under part 67 

Except for gliders and balloons  - Medical eligibility not required
Airplane and Rotorcraft

30 Hours – Total

15 Hours – Flight training

3 Hours – Solo

2 Hours – Flight training cross country-(limited 50 NM range from
departure airport, permitted with additional training (see §61.101 (c))

3 Hours – Prep	CFI Recommendation - 

Knowledge test  

Practical test  

	Cat/Class Rating –

Training – CFI

Recommendation – CFI

Practical test - 

Cat/class rating Issued

(Make and model – training recommended)

Class B, C, D 

Training – CFI

Endorsement - CFI



Private Pilot	Third-class medical issued under part 67 

Except for gliders and balloons -- Medical eligibility not required	For
airplanes:

40 Hours – Total

20 Hours – Flight training

10 Hours – Solo

3 Hours – Flight training cross country

5 Hours – Solo cross country

3 Hours – Prep

3 Hours—Night

3 Hours—Instrument training	CFI Recommendation – 

Knowledge test – 

Practical Test – 

	Cat/Class Rating –

Training – CFI

Recommendation – CFI

Practical Test



Commercial Pilot	Second-class Medical certificate Issued under part 67 

Except for gliders and balloons --Medical eligibility not required	For
airplanes:

250 Hours – Total

Additional flight training requirements for each category and class

	CFI Recommendation – 

Knowledge test – 

Practical Test – 

	Cat/Class Rating –

Training – CFI

Recommendation – CFI

Practical Test 



CFI – Sport Pilot	Current and valid U.S. driver’s license unless
§61.303(b) applies 

 Or

Valid airman medical certificate issued under part 67---Only required
when acting as pilot in command

Gliders and balloons—Airman medical certificate not required 

	150 Hours – Total

Additional flight training requirements for each category and class

Sport Pilot certificate or higher

Category and class privileges or rating

	CFI Recommendation – 

Knowledge test – 

Practical test – 

	Cat/Class Privilege–

Training –CFI or CFI-SP

Recommendation –CFI or CFI-SP

Proficiency check – Different -CFI or CFI-SP

Endorsement/Form 8710-11

Make and model 

  5 hours PIC 

Endorsements—Must have those endorsements required to exercise pilot
privileges in the aircraft

 

CFI 	Valid airman medical certificate issued under part 67--Only
required when acting as pilot in command

Gliders and balloons—Airman medical certificate not required

	ATP or Commercial certificate

(with Instrument Rating if appropriate)

Category/Class Rating

Additional flight training requirements for each category and class	CFI
Recommendation – 

Knowledge test – 

Practical test – 

	Cat/Class Rating –

Training – CFI

Recommendation – CFI

Practical Test 





Airman Certification – Operating Privileges and Limitations

	Ultralight

Pilot

	Sport Pilot	Recreational Pilot	Private Pilot	CFI – Sport Pilot	CFI

Day

	Yes 	Yes 	Yes 	Yes 	Yes 	Yes 

Night	No 	No 	No 	Yes	No if exercising sport or recreational pilot
privileges	Yes

VFR—visibility 3 miles or more	Yes	Yes	Yes	Yes	Yes	Yes

VFR—visibility less than 3 miles	Yes	No	No	Yes	No if exercising sport
or recreational pilot privileges	Yes

IFR	No	No	No	Yes with instrument rating 	No without an instrument rating
Yes with instrument rating

Passenger carriage	No	Yes – One Passenger	Yes – One Passenger	Yes
Yes	Yes

Compensation	No	No	No	Limited 	Limited if exercising sport or
recreational pilot privileges; Yes otherwise	Yes 

Class A airspace	Yes with ATC authorization	No	No	Yes with instrument
rating	No if exercising sport or recreational pilot privileges; Yes
otherwise	Yes with instrument rating

Class B, C, D airspace	Yes with ATC authorization	Yes with training 	Yes
with training 	Yes	Yes (additional training may be required)	Yes

Class E, G airspace	Yes	Yes	Yes	Yes	Yes 	Yes

> 10, 000 MSL	Yes	No	No	Yes	No if exercising sport or recreational pilot
privileges. Yes otherwise 	Yes

< 10, 000 MSL	Yes	Yes	Yes	Yes	Yes	Yes

Cross country	Yes	Yes	Yes with training 	Yes	Yes (for recreational pilot
additional training is required)	Yes

> 120 knots CAS	No	No 	Yes	Yes	No if exercising sport pilot privileges.
Yes otherwise 	Yes

<  87 knots CAS	Yes	Yes	Yes	Yes	Yes 	Yes

>  87 knots CAS	Yes	Yes with training	Yes	Yes	Yes (additional training
may be required)	Yes



Airman Certification—Privileges for Which Additional Training Is
Required



	Ultralight

Pilot

	Sport Pilot	Recreational Pilot	Private Pilot	CFI – Sport Pilot	CFI

Added Cat/Class Privilege	N/A	Yes	N/A	N/A	N/A	N/A

Make and Model 

Privilege	N/A	Yes	N/A	N/A	N/A	N/A

Added Cat/Class Rating	N/A	N/A	Yes	Yes	N/A	Yes

Class B, C, and D	No	Yes	Yes	No	Yes if exercising sport or recreational
pilot privileges	No

> 87 knots CAS	No	Yes	No	No	Yes if exercising sport or recreational
pilot privileges	No

Cross country	No	No	Yes	No	Yes if exercising recreational pilot
privileges 	No

IFR	N/A	N/A	N/A	Yes	N/A	Yes

Tail wheel 	No	Yes	Yes	Yes	Yes	Yes

High- Performance	N/A	N/A	N/A	Yes	N/A	Yes

Complex	No	N/A	Yes	Yes	N/A	Yes

High Altitude	No	N/A	N/A	Yes	N/A	Yes

Type	N/A	N/A	N/A	Yes	N/A	Yes

Towing	No (additional training required if operating under Part 103
exemption)	N/A	N/A	Yes (additional experience required)	N/A	N/A

Sales demo	No	No (N/A if aircraft salesman)	No (N/A if aircraft
salesman)	Yes (additional experience required)	N/A	N/A

Agricultural (non-commercial)	N/A	No	No	No	N/A	N/A

Charitable Flights	N/A	N/A	N/A	Yes (additional experience required)	N/A
N/A

Provide Flight Training	No (additional training required if operating
under part 103 exemption)	N/A	N/A	N/A	Yes	Yes



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.

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 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 §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 §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.   

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
§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 §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 §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 §1.1, and also in
§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 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 §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 §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 
§§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
§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 §91.327 (b), since continued
airworthiness of light-sport aircraft will be controlled by the
operating limitations of the aircraft airworthiness certificate. 

(6)  An 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 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
§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 §91.327 “Safety-of-flight issues.”

In addition, the FAA believes that the consensus standards should also
address —

Manufacturer’s Assembly Instructions.  In proposed §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 §21.193 (e)(4) for the assembly
instructions to meet the consensus standard.  Also, there is a change to
§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 §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 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 §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 §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 §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
standards.     

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 §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 §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 meet 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
§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 §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 §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-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 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 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 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 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 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 §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 §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 §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 §21.191 (i)(1), will be permitted to
conduct similar flight training operations for five years, as provided
for in §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  §21.191 (g) may
be operated in accordance with operating limitations issued under
§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 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 §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 §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 §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
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 §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 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 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 §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 §21.181
(a)(3), the special airworthiness certificate issued under §21.190 (a)
is no longer valid.  However, the aircraft may still be eligible for an
experimental certificate issued under §21.191 (i)(3) with a duration
established by §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.   

Changes

	The proposal is adopted without change.  

Proposed §21.186 (adopted as §21.190—see discussion below)

Proposed §21.186 is renumbered as §21.190 in the final rule.  This is
being done because §21.45, which addresses privileges of the holder or
licensee of a type certificate for a product, refers to §§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 §21.190. 

Section §21.190  Issue of a special airworthiness certificate for a
light-sport category aircraft (proposed as §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
§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 §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 §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 §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 §21.181 (a)(3),
discussed above.  Also, the FAA is addressing alterations to these
aircraft in the operating limitations contained in §91.327.   The
intent of the limitation is to preclude unauthorized alterations,
repairs, and replacement parts.  For additional discussion, see §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 §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 §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 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
§ 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
§1.1 to permit authorized alterations.  The FAA is also adding §91.327
(b)(5) and (b)(6) to better address repairs and alterations.  See the
discussions of those sections.

A commenter questioned if §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 §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 §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 §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 §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 §1.1 under the definition of “consensus
standard” in the proposed rule.  Proposed §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 §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 more detail on FAA participation
in consensus standards in §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 §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 §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 §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 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 §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 §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 §21.191 (g).  There is no “51% build”
requirement for existing unregistered ultralight-like aircraft that are
certificated under §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 in 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 to 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 §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 §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
§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 §21.191 (i)(1) after August 31, 2007.

	The FAA notes that, except as specified in §91.715, §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 §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 the
provisions of §91.203(a) and the statutory provisions of 49 USC
§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 §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
§21.191 (i)(1).  Language has been added to §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 §21.193 (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 §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, §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 §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 §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 §21.191 (i)(2) must also comply
with §21.193(e) and provide a statement of compliance issued by the
aircraft’s manufacturer that contains the information generally
required by §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 §91.319 for
experimental light-sport aircraft certificated under §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
§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 §21.190 from
§21.186.  In addition, the words “sport and recreation and flight
training” are deleted.  These limitations are addressed in operating
limitations specified in §91.319.

	  A few commenters wanted the FAA to amend §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 §91.319.  

In paragraph (i)(2), the term “eligible kit” is changed to
“aircraft kit,” and a reference to §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 assembled
without the supervision and quality system of the manufacturer is
deleted. 

	In paragraph (i)(3), the FAA is changing the reference to §21.190 from
§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 §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 §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 §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 §21.193 (e)(6) is similar to that imposed under
§21.190 (d).  The requirement specified in §21.193 (e)(6) is retained
and modified in a manner similar to §21.190 (d) to better describe the
applicable international agreements.  See discussion of §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, §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 §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 §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
§21.190 (which was proposed as §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 §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.  

	After reviewing public comments on the definition of “light-sport
aircraft” in §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 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 §§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 §43.9 for maintenance;

	(	The falsification and alteration of records prohibitions in §43.12;
and 

	(	The performance requirements in §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 §§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 §§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 § 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, §43.1 now includes maintenance performance and
recording requirements for special light-sport aircraft.  In §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, §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 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 §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 the performance rules specified
in §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 §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 §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 §43.3 (g).

	For reasons similar to those discussed under §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 §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, §135.411(a)(1), and §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 §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 §43.9 and paragraph (c) to remove the
reference to part 123, which no longer exists. 

Changes

The heading for §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
§45.11 in the final rule.  The change is necessary because current
§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 §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
§45.23 adds the requirement for special light-sport aircraft
certificated under §91.190 to include the mark “light-sport.” The
FAA emphasizes that aircraft having a standard airworthiness certificate
that 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?	§61.1  Applicability and
definitions.

§61.301  What is the purpose of this subpart?

§61.401  What is the purpose of this subpart?

§61.213 Eligibility requirements. 

§61.215  Ground instructor privileges.

3. When am I eligible for a certificate under this SFAR?	Existing
§61.83, Eligibility requirements for student pilots, contains the same
requirements as the proposed rule.

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

§ 61.403  What are the age, language, and pilot certificate
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 issued under this SFAR expire?
Existing §61.19, Duration of pilot and instructor certificates,
contains the same requirements as the proposed rule.

9. What is a light-sport aircraft?	§1.1  General definitions

11. Who is an authorized instructor?	Existing §61.1, Applicability and
definitions, contains the same requirements as the proposed rule.

13. Do regulations other than those contained in this SFAR apply to a
sport pilot?	§61.303 If I want to operate a light-sport aircraft, what
operating limits and endorsement requirements in this subpart must I
comply with?

15. Must I hold an airman medical certificate?	§61.3  Requirement for
certificates, ratings, and authorization.

§61.23  Medical certificates:  Requirement and duration. 

17. Am I prohibited from operating a light-sport aircraft if I have a
medical deficiency?	§61.53  Prohibition on operations during medical
deficiency.

Student Pilot Certificate to Operate Light-Sport Aircraft

	31. How do I apply for a student pilot certificate to operate
light-sport aircraft?	Existing §61.85, Application, contains the same
requirements as the proposed rule.

33. (a), (b), and (c): What solo requirements must a student pilot
operating light-sport aircraft meet?	§61.87 Solo requirements for
student pilots.

33. (d), (e), and (f): What solo requirements must a student pilot
operating light-sport aircraft meet?	§61.93  Solo cross-country flight
requirements.

35. Are there any limits on how a student pilot may operate a
light-sport aircraft?	§61.89  General limitations

§61.23  Medical certificates:  Requirement and duration

37. How do I obtain privileges to operate in Class B, C, or D airspace
and at an airport located in Class B, C, or D airspace?	§61.94  Student
pilot seeking a sport pilot certificate or recreational pilot
certificate:  Operations at airports within, and in airspace within,
Class B, C, and D airspace, or at airports with an operational control
tower in other airspace.

Sport Pilot Certificate

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

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

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

57. What tests do I have to take to receive a sport pilot certificate?
§61.307  What tests do I have to take to obtain a sport pilot
certificate? 

59. Will my sport pilot certificate list light-sport aircraft category
and class ratings?	§61.317  Is my sport pilot certificate issued with
aircraft category and class ratings?

61. May I operate all categories, classes, and makes and models of
light-sport aircraft with my sport pilot certificate?	§61.303 If I want
to operate a light-sport aircraft, what operating limits and endorsement
requirements in this subpart must I comply with?

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

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

65. How do I obtain privileges to operate an additional make and model
of light-sport aircraft?	§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? 

67. Must I carry my logbook with me in the aircraft?	§61.51  Pilot
logbooks.

Privileges and Limits of Holders of a Sport Pilot Certificate

	71. What type of aircraft may I fly if I hold a sport pilot
certificate?	§61.303 If I want to 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 operation of light-sport aircraft?
§61.315  What are the privileges and limits of my sport pilot
certificate?

75. May I demonstrate an aircraft in flight to a prospective buyer?
§61.315  What are the privileges and limits of my sport pilot
certificate?  Paragraph (c)(9)

77. May I carry a passenger?	§61.315  What are the privileges and
limits of my sport pilot certificate?

79. May I share operating expenses of a flight with a passenger?
§61.315  What are the privileges and limits of my sport pilot
certificate?  Paragraph (b)

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

83. How do I obtain privileges to operate a light-sport aircraft that
has a VH greater than 87 knots CAS? 	§61.327  How do I obtain
privileges to operate a light-sport aircraft that has a VH greater than
87 knots CAS?

Transitioning to a Sport Pilot Certificate

	91. How do I obtain a sport pilot certificate if I already hold at
least a private pilot certificate issued under 14 CFR part 61?	§61.303 
If I want to operate a light-sport aircraft, what operating limits and
endorsement requirements in this subpart must I comply with?

93. How do I obtain a sport pilot certificate if I do not hold a pilot
certificate issued under 14 CFR part 61, but I have been flying
ultralight vehicles under 14 CFR part 103?	§61.52 Use of aeronautical
experience obtained in ultralight vehicles.

§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 certificate if I don’t hold a pilot
certificate and have never flown an ultralight vehicle?	Subpart
J—Sport Pilots establishes all requirements.



Flight Instructor Certificate With a Sport Pilot Rating

	111. Must I hold an airman medical certificate?	§61.3  Requirement for
certificates, ratings, and authorizations. 

§61.23  Medical certificates:  Requirement and duration.

113. What aeronautical knowledge requirements must I meet to apply for a
flight instructor certificate with a sport pilot rating?	§61.407  What
aeronautical knowledge must I have to obtain a flight instructor
certificate with a sport pilot rating?

115. What training must I have in areas of operation to apply for a
flight instructor certificate with a sport pilot rating?	§61.409  What
flight proficiency requirements must I meet to apply for a flight
instructor certificate with a sport pilot rating?

117. What aeronautical experience must I have to apply for a flight
instructor certificate with a sport pilot rating?	§61.411  What
aeronautical experience must I have to apply for a flight instructor
certificate with a sport pilot rating?

119. What tests do I have to take to get a flight instructor certificate
with a sport pilot rating? 	§61.405  What tests do I have to take to
obtain a flight instructor certificate with a sport pilot rating?

121. What records do I have to keep and for how long?	§61.423  What are
the recordkeeping requirements for a flight instructor with a sport
pilot rating?

123. Will my flight instructor certificate with a sport pilot rating
list light-sport aircraft category and class ratings? 	§61.417  Will my
flight instructor certificate with a sport pilot rating list aircraft
category and class ratings?

125. Am I authorized to provide training in all categories and classes
of light-sport aircraft with my flight instructor certificate with a
sport pilot rating?	§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?

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

129. How do I obtain privileges authorizing me to provide flight
training in an additional make and model of light-sport aircraft? 	 Not
adopted in final rule.

131. Do I need to carry my logbook with me in the aircraft?	§61.51
Pilot logbooks.

133. What privileges do I have if I hold a flight instructor certificate
with a sport pilot rating?	§61.413  What are the privileges of my
flight instructor certificate with a sport pilot rating?

135. What are the limits of a flight instructor certificate with a sport
pilot rating?	§61.52  Use of aeronautical experience obtained in
ultralight vehicles.

§61.415  What are the limits of a flight instructor certificate with a
sport pilot rating?

137. Are there any additional qualifications for training first-time
flight instructor applicants? 	§61.415  What are the limits of a flight
instructor certificate with a sport pilot rating?

139. May I give myself an endorsement?	§61.421  May I give myself an
endorsement?

Transitioning to a Flight Instructor Certificate With a Sport Pilot
Rating

	151. What if I already hold a flight instructor certificate issued
under 14 CFR part 61 and want to exercise the privileges of a flight
instructor certificate with a sport pilot rating?	§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?

153. What if I am only a registered ultralight instructor with an
FAA-recognized ultralight organization?	§61.52 Use of aeronautical
experience obtained in ultralight vehicles

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

155. What if I’ve never provided flight or ground training in an
aircraft or an ultralight vehicle?	

Subpart K—Flight Instructors with a Sport Pilot Rating establishes all
requirements

Pilot Logbooks

	171. How do I log training time and aeronautical experience?	§61.51 
Pilot logbooks



173. How do I log pilot-in-command flight time?	§61.51  Pilot logbooks

175. May I use training time and aeronautical experience logged as a
sport pilot toward a higher certificate or rating issued under 14 CFR
part 61?	§61.51  Pilot logbooks

§61.52  Use of aeronautical experience obtained in ultralight vehicles

177. May I credit training time and aeronautical experience logged as an
ultralight operator toward a sport pilot certificate?	§61.52  Use of
aeronautical experience obtained in ultralight vehicles

179. May I use aeronautical experience I got as the operator of an
ultralight vehicle to meet the requirements for a higher certificate or
rating issued under 14 CFR part 61?	§61.52  Use of aeronautical
experience obtained in ultralight vehicles

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

	191. What recent flight experience requirements must I meet for a sport
pilot certificate?	Existing §61.57 contains the same requirements as
the proposed rule.

193. What are the flight review requirements for a sport pilot
certificate?	Existing §61.56 contains the same requirements as the
proposed rule.

195. How do I renew my flight instructor certificate?	§61.425  How do I
renew my flight instructor certificate?

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

Ground Instructor Privileges

	211. What are the eligibility requirements for a ground instructor
certificate?	§61.213  Eligibility requirements

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

§61.215 Ground instructor privileges

215. What additional privileges do I have if I hold a ground instructor
certificate with an advanced ground instructor rating?	§61.215 Ground
instructor privileges



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 §§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 §§61.3 and 61.23 in the
operating rules where medical 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 §61.53 where medical deficiency provisions are found.  These
provisions are also found in §§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 in 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 §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 §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 §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.

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-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 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
§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 §§61.3, 61.23, and 61.303.

The FAA rescinded its 1995 proposal to allow recreational pilots to
self-evaluate under the provisions of  §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 §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
§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 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 sport pilot certificate?

Response:  Yes.  Deaf individuals are eligible to apply for pilot
certificates.  Deaf individuals interested in piloting should consult
the FAA website at   HYPERLINK "http://www2.faa.gov/avr/afs/deaffaq.htm"
 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 §§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 

§61.183, 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
§§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 §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 §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 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
landing 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 §§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
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 §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
parachuted 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 §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 §§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 §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 §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 §§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 §61.321, which requires that
the appropriate ground and flight training specified in §§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 §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 §§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
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 §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 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 §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 §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 §§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.

	Under the final rule (under §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 §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 (§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
§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 §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 §§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 §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 §61.89, the FAA defines the
limitations for a student pilot seeking a 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 §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
§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 §61.94.     

The FAA is also modifying §61.95 to exclude a student pilot seeking a
sport pilot or recreational pilot certificate from the requirements of
this rule because new §61.94 will apply to persons.  Section 61.94
parallels the requirements of §61.95, although it is more restrictive. 
The required training in §61.94 encompasses training on Class B, C, D
airspace and airport-specific training, as opposed to the training
requirements in §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 §§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, §§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, §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 §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 §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 §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 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 §21.186 (now §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
§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 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 §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 §21.190 and also allow
light-sport kit-built manufactured to a consensus standard to receive an
experimental light-sport aircraft certificate under §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 §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 §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, §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
§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 §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 §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 §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
§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
§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 radios 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 §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 than a sport pilot rating,
which includes a limitation for the operation of a light-sport aircraft
as specified §61.89 (c).  See discussion of §61.89 (c) below.  

Changes

The proposed amendments to §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 §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 §§61.3 (c)(2) and 61.23 (a), (b), and (c). 
Current §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 §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,  §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 §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 §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 §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 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 §§61.3 (c)(2) and 61.23 (a), (b),
and (c).  Among other things, §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 §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 §§61.3 and 61.23.  Under §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 §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 §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 §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
§§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 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 §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 §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 §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 §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 §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 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
§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 §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
§61.56.  If the flight review will be accomplished in an aircraft, it
must be in an aircraft with a 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 §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 §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 §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 §61.52.  

The FAA received one comment that stated that the agency should not
allow the crediting of ultralight fight 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 §61.415 (e) in
§61.52 (b).

In addition, the FAA is also now allowing crediting of ultralight
experience to qualify for glider or unpowered ultralight towing under
§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 §61.69 in accordance with §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
§61.69.   

Under new §61.52, the FAA will allow experience obtained in ultralight
vehicles to meet the requirements of §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 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 §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 §61.69.  For more
information on crediting flight time obtained in ultralight vehicles,
refer to the discussion of §61.329. 

Changes

	The proposed requirements in SFAR No. 89 sections 135, 153, 175, 177,
and 179 are moved to new §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 §61.53 (c) without substantive change.

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

The FAA is adding a new paragraph (k) to §61.63 to assist pilots
currently operating under §61.31 (k)(2)(iii) without a category and
class rating to comply with the new provisions of that paragraph.  The
revision to §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 §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 §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 §§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 §§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 §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 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 §§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
§61.69, only a private pilot or higher can tow a glider and is
authorized to conduct towing operations for compensation or hire under
§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 §61.52 towards a private pilot
certificate and towards the experience requirements of §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 §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 §§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 §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
§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 §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 §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 §61.89.  All other limitations on
student pilots are noted in current paragraphs (a) and (b) of §61.89. 
These limitations also apply to student pilots seeking a sport pilot
certificate.

New paragraph (c) of §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
appropriate additional training and endorsements established in §61.94
for student pilots seeking a sport pilot certificate and in §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 §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 §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 §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 §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 §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 §61.94 be completed before such operations are
conducted.  

To facilitate changes made to §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
§61.94 will also apply to recreational pilots.  Although the
requirements of §61.94 are more stringent than those found in §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
§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 §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 §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 §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 §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 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 §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 §61.303 to allow a recreational pilot to exercise sport
pilot privileges if he or she has received the cross-country training
required in §61.101 (c) and holds any other endorsements required by
subpart J of part 61.  The cross-country training required in §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
§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 §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 §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 §61.5 above, based on several comments, the FAA is
adding a powered parachute--sea rating.  Therefore, the FAA is changing
§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 §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 §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-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 §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 §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 §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 §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 §61.110 to permit a person who does
not meet the night flying requirements in §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 §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 §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
§61.69.  For a discussion of those changes, see §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 §61.165 to assist airline
transport pilots currently operating under §61.31 (k)(2)(iii) without a
category and class rating to comply with the new provisions of that
paragraph.  The revision to §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 §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 §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 §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.” 

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
§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 §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 §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 §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 §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 §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 §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 §61.101 (c) is equivalent to the
cross-country requirements for sport pilots.  See the discussion in
§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 §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
§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 §61.23 (c)(2).  

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 §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
§§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
§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
§61.45.

Changes

	The provisions of section 57 of proposed SFAR No. 89 are transferred to
§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
§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
§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), 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
§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 §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 §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 §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 §61.101 (e) for recreational pilots.  The two exceptions
contained in that paragraph, however, are not included in §61.315. 

Changes

The provisions of sections 73, 75, 77, and 79 of proposed SFAR No. 89
are transferred to §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 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
§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
§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
§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
§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
§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
§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
§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 §61.329, provided they are
recognized pilots with one of the 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 §§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
§61.52.  

The purpose of §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 §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 §61.313.  Registered pilots with FAA-recognized
ultralight organizations, however, may credit ultralight aeronautical
experience toward meeting these requirements in accordance with §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
§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 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 §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 §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 §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 §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
§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 §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 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
§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 §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 §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 model of aircraft prior to
providing flight instruction in that aircraft.  The FAA recognizes that
under current §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 §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 §61.195 (g), pilots
being trained by flight instructors with a sport pilot rating will have
the latitude under §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
§61.415 specific regulatory language to address the limits referred to
§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 §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 §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 §91.109.  This corrects
an inadvertent omission of a reference to §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
§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
§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
§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.  

	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 §§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 §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
§61.195 (i).

Section 61.423  What are the record keeping 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
§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
§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
§61.427.  The section is modified to note that a person may pass a
practical test as prescribed in §61.405 (b) or §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 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
§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 §§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 §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 contains to §61.419, which
corresponds to SFAR No. 89 section 127. 

Changes

The provisions of section 151 of proposed SFAR No. 89 are transferred to
§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 §61.413.”

Paragraph (b) is added in the final rule to require persons subject to
this section to comply with the limits specified in §61.415 and the
recordkeeping requirements of §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 §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 provisions of this
section.  Once the rule is effective, the minimum requirements
established in §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 §61.303, the words “a current
recreational pilot certificate and meet the requirements of §61.101
(c)” are added to paragraph (a).  As recreational pilots who meet the
requirements of §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 §61.407, the flight proficiency requirements specified in
§61.409, and the aeronautical experience requirements specified in
§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 §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 §61.329. 

Changes

The provisions of section 153 of proposed SFAR No. 89 are transferred to
§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 §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 §61.407, the flight proficiency requirements
specified in §61.409, and the aeronautical experience requirements
specified in §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 §§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.

 

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.

§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 §65.107 (d). 
It provides that §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 §65.103.  Placing this exception
as new paragraph (c) of §65.103 parallels the structure of paragraph
(b) in §65.101, which includes a provision stating that the section
does not apply to the issuance of repairman certificates (experimental
aircraft builder) under §65.104.  The FAA is making this editorial
revision in this final rule. 

Changes

The provisions of proposed §65.107 (d) are added as new paragraph (c)
of §65.103 in the final rule.

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

Under §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 §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
§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 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 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
§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 §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 §65.81 (b), which sets forth the privileges
and limitations of a person holding a mechanic certificate and is
similar to provisions contained in §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 §21.186 or §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 §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 §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
§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 §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 §§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 §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 §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 §91.411.  Aircraft
required to have a transponder must comply with the tests and
inspections required by §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 §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 §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 §91.207 to
determine if their aircraft or operation is covered by the requirement.

	Several commenters wanted the FAA to amend §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 §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 §91.215.  

Two commenters suggested that paragraph (a) of §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 §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 §61.101 (d) or
§61.94.  Current §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 §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
§61.101 (d) or §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
§61.325 or the requirements for a student pilot seeking a recreational
pilot certificate under §61.94.  New paragraph (b)(1)(iv) provides
similar privileges to a student pilot who has met either the
requirements of §61.94 or §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, section 4.  This change is discussed in “V.5.A.v. Changes
to Airspace Restrictions.”

Changes

Paragraph (b)(1)(i) of current §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
“§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 §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 §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 §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
§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 §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 §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 §91.213. 
Yes, light-sport aircraft must meet the provisions of §91.213.  

Another commenter believed that all light-sport aircraft, except powered
parachutes and weight-shift-control aircraft, are already included in
current §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 §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 §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
§§91.309 and 103.1 (b) and incorporating the provisions of the
exemptions in the final rule.  Although not proposed, the FAA is
amending §91.309 to establish operational requirements for towing an
unpowered ultralight vehicle by a civil aircraft.  Current section
§91.309 only addresses requirements for the towing of gliders by civil
aircraft.  Since §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 §61.69 and §91.309 only
contained requirements addressing the towing of gliders.  See discussion
of §61.69 above.  

Changes

	In §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 § 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 §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)
reflects the FAA’s intent that light-sport aircraft issued an
experimental certificate under §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 §21.191 (i)(1) when used to tow a glider or an
unpowered ultralight vehicle in accordance with §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, §91.319 (f) is modified to clarify the FAA’s intent
that light-sport aircraft issued an experimental certificate under
§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
§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 §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 §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 §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 §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 §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 §21.191(i)(1) when
used to tow gliders that are light-sport aircraft or unpowered
ultralight vehicles 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 §91.327 (a)):  As discussed earlier in §21.190, the
reference to the use of these aircraft for “sport and recreation”
has been removed.  Proposed §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 §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 §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 §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 §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 §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 §1.1.  This provision has been
revised and addressed in paragraphs (b)(3) and (b)(4).  The reasons for
this are as follows.

As proposed, §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 §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 §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
§21.190, monitor and correct safety-of-flight issues through the
issuance of safety directives.  Accordingly, under §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
§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 §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 §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 §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 §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 §1.1 above.  This change to §91.327 also supports the
requirement in §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 §91.327 (b)(6)):  The FAA is
changing the definition of “consensus standard” in §1.1 to include
a requirement that a consensus standard address the identification of
major repairs and major alterations applicable 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
§§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 §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 §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 §43.9 (d),
and with the retention requirements in §91.417.

Additional Maintenance Requirements for Aircraft Used for Flight
Training and Towing (now §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, §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 §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 §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
§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 §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 §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 §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 §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 vehicle in accordance with §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 §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 §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 §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.  

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 §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:

Part	Time (in hours)	Cost

21	53,849.80	$2,965,211

47	6,134.75	$202,194 

61 (Pilots)	10,676.67	$1,185,993

61 (Instructors)	376.99	$54,039 

43, 65, 91 (Maintenance)	1,316	$2,147,791 

183	233.1717	$17,841 

Total	72,582.38	$6,573,069



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

Category	Time (in hours) 	Cost

Aircraft Certification	5,429	$397,027

Pilot and Instructor Qualifications	795	$41,537

Maintenance	803	$45,479

Miscellaneous	928.39	$39,690

TOTAL	7,955.39	$523,733



	

VIII.  International Compatibility

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. 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 §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 §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
(§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 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, possible 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 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.

XVI.  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

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

PART 1—DEFINITIONS AND ABBREVIATIONS

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

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

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

§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

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

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

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

§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.  

5.  Amend §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:

§21.181  Duration. 

(a)  * * *

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

(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.

*	*	*	*	*

6.  Amend §21.182 by revising paragraph (b)(2) to read as follows:

§21.182  Aircraft identification.

*	*	*	*	*

(b)  * * *

(2)  An experimental certificate for an aircraft not issued for the
purpose of operating amateur-built aircraft, operating primary kit-built
aircraft, or operating light-sport aircraft.

* 	* 	*	 * 	*

7.  Add §21.190 to read as follows:

§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.

8.  Amend §21.191 by revising the heading of paragraph (h) and adding
paragraph (i) to read as follows:

§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 §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 §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 §21.190.

9.  Amend § 21.193 by adding paragraph (e) to read as follows:

§21.193  Experimental certificates:  general.

*	 * 	*	 * 	*

(e)  In the case of a light-sport aircraft assembled from a kit to be
certificated in accordance with §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 §21.190 (c), except that
instead of meeting §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
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

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. 

11.  Amend §43.1 by:

a.  Revising the introductory text of paragraph (a);

b.  Revising paragraph (b); and

c.  Adding paragraph (d).

The revisions and additions read as follows:

§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 §§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.

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

§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. 

*	*	*	*	*

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

§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
§43.3 (g).

	14.  Amend §43.9 by:

a.  Revising the section heading;

b.  Redesignating the concluding text of paragraph (a) as paragraph (d);

c.  Revising new paragraph (d); and

d.   Removing the reference “123” from paragraph (c).  

The revisions read as follows:

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

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.

16.  Amend §45.11 by:

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

b.  Adding paragraph (e) to read as follows.

§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.

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

§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.

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

§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 §45.23.  The marks must be displayed horizontally
and in two diametrically opposite positions on any fuselage structural
member.

19.  Amend §45.29 by revising paragraphs (b)(1)(iii) and (b)(2) to read
as follows:

§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 §21.191 (d),
§21.191 (g), or §21.191 (i) of this chapter to operate as an
exhibition aircraft, an amateur-built aircraft, or a light-sport
aircraft when the maximum cruising speed of the aircraft does not exceed
180 knots CAS; and 

*	 * 	*	 *	 *

(2)  Airships, spherical balloons, nonspherical balloons, powered
parachutes, and weight-shift-control aircraft must be at least 3 inches
high; and

*	 * 	* 	*	 *

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

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.

21.  Amend §61.1 by:

a.  Revising paragraphs (b)(3)(i) introductory text and (b)(3)(ii)
introductory text;  

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 

c.  Adding new paragraphs (b)(3)(iii), (b)(3)(iv), and (b)(15).  

The additions and revisions read as follows: 

§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 §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 §61.89 (c) issued by a certificated flight
instructor with other than a sport pilot rating.

*	 * 	* 	* 	*

22.  Amend §61.3 by:

a.  Revising paragraph (c)(2)(i); 

b.  Redesignating paragraphs (c)(2)(ii) through (c)(2)(vii) as
paragraphs (c)(2)(vi) through (c)(2)(xi) respectively;

c.  Revising the reference to “paragraph (c)(2)(iii)” to read
“paragraph (c)(2)(vii)” in newly redesignated paragraph
(c)(2)(viii); and  

d.  Adding new paragraphs (c)(2)(ii) through (c)(2)(v).

The revisions and additions read as follows:

§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.

* 	*	 * 	* 	*

23.  Amend §61.5 by:

a.  Redesignating paragraphs (a)(1)(ii) through (a)(1)(v) as paragraphs
(a)(1)(iii) through (a)(1)(vi), respectively; 

b.  Redesignating paragraphs (b)(5) and (b)(6) as paragraphs (b)(7)
and (b)(8), respectively; and

c.  Adding new paragraphs (a)(1)(ii), (b)(1)(vi), (b)(1)(vii), (b)(5),
(b)(6), and (c)(5) to read as follows:

§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.

*	 * 	* 	*	*

	 

24.  Amend §61.23 by:

a.  Revising paragraphs (a) introductory text, (a)(3)(iii), (a)(3)(iv),
(b) introductory text, and (b)(1) through (b)(4);

b.  Redesignating paragraph (c) as paragraph (d); and

c.  Adding new paragraph (c).  

The additions and revisions read as follows: 

§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;

(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.

*	 * 	* 	* 	*

    

25.  Amend §61.31 by:

a.  Revising paragraphs (k)(1) and (k)(2)(iii);

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

c.  Adding paragraph (k)(2)(vi).  

The addition and revisions read as follows: 

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

*	 * 	*	 *	 *

* * *

(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.

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

§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.”

27.  Amend §61.51 by:

a.  Revising paragraphs (c)(1), (e)(1) introductory text, and (e)(1)(i);

b.  Redesignating paragraph (i)(3) as (i)(4); and 

c.  Adding new paragraphs (i)(3) and (i)(5).  

The additions and revisions read as follows:

§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.

28.  Add §61.52 to read as follows:

§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; 

(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 §§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 §61.51; and

(3)  Obtain the experience in a category and class of vehicle
corresponding to the rating or privileges sought.

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

§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 §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. 

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

§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.   

*	*	*	*	*

31.  Revise § 61.69 to read as follows:

§ 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. 

32.  Amend §61.87 by:

a.  Adding the words “or privileges” after the word “rating” in
the introductory text of paragraphs (d), (g), (i), (j), and (k);

b.  Redesignating paragraphs (l), (m), and (n) as paragraphs (n), (o)
and (p), respectively; and 

c.  Adding paragraphs (l) and (m) to read as follows:

§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.

(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.

* 	* 	*	 *	 *

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

§ 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 §61.94 and an endorsement from an authorized
instructor.

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

§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.

35.  Add §61.94 to read as follows:

§ 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 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.

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

§ 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.

37.  Amend §61.99 by revising the introductory text to read as follows:

§ 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—

* 	* 	*	 *	 *

38.  Amend §61.101 by:

a.  Revising paragraph (b) introductory text and paragraph (c)
introductory text; 

b.  Redesignating paragraphs (d) through (i) as paragraphs (e) through
(j), respectively; 

c.  Revising redesignated paragraphs (e) introductory text, (e)(1),
(e)(2), (e)(7), (e)(11), and (e)(12); and

d.  Adding new paragraph (d).  

The addition and revisions read as follows:

§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; 

* 	* 	* 	* 	*

39.  Amend §61.107 by adding paragraphs (b)(9) and (b)(10) to read as
follows:

§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 §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 §61.110;

(x)  Emergency operations; and

(xi)  Post-flight procedures.

40.  Amend §61.109 by:

a.  Revising the reference to “paragraph (i)” to read “paragraph
(k)” in the introductory text of paragraphs (a), (b), (c), (d), and
(e); 

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   

c.  Adding new paragraphs (i) and (j).  

The additions and revisions read as follows:

§61.109  Aeronautical experience.

* 	*	 *	 *	 *

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

*	 *	 * 	* 	*

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

§61.110  Night flying exceptions.

* 	*	 *	 * 	*

(c)  A person who does not meet the night flying requirements in
§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 §61.109 (d)(2), (i)(2), or (j)(2), as appropriate.

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

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

* 	* 	*	 * 	* 

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

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

§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

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

45.  Revise §61.181 to read as follows:

§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.

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

§61.213  Eligibility requirements.

	(a)  * * *

(4)  * * *

(i)  For a basic ground instructor rating §§61.97, 61.105, and 61.309;

(ii)  For an advanced ground instructor rating §§61.97, 61.105,
61.125, 61.155, and 61.309; and

*	 * 	* 	* 	*

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

§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. 

* 	* 	*	 * 	*

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?

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?

 

§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 §61.303. 

§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 §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 certificate,	(A)  Any
light sport aircraft for which you hold the endorsements required for
its category, class, make and model,	(1)  You must hold any other
endorsements required by this subpart, and comply with the limitations
in §61.315.  

	(ii)  At least a recreational pilot certificate with a category and
class rating,	(A)  Any light sport aircraft in that category and class,
(1)  You do not have to hold any of the endorsements required by this
subpart, nor do you have to comply with the limitations in §61.315.

	(iii)  At least a recreational pilot certificate but not a rating for
the category and class of light sport aircraft you operate,	(A)  That
light sport aircraft, only if you hold the endorsements required in
§61.321 for its category and class,	(1)  You must comply with the
limitations in §61.315, except §61.315 (c)(14) and, if a private pilot
or higher, §61.315 (c)(7).



(2) Only a U.S. driver’s license,	(i)  A sport pilot certificate,	(A) 
Any light sport aircraft for which you hold the endorsements required
for its category, class, make and model,	(1)  You must hold any other
endorsements required by this subpart, and comply with the limitations
in §61.315.  

	(ii)  At least a   recreational pilot certificate with a category and
class rating,	(A)  Any light sport aircraft in that category and class,
(1) You do not have to hold any of the endorsements required by this
subpart, but you must comply with the limitations in §61.315.   

	(iii)  At least a   recreational pilot certificate but not a rating for
the category and class of light-sport aircraft you operate,	(A)  That
light sport aircraft, only if you hold the endorsements required in
§61.321 for its category and class,	(1)  You must comply with the
limitations in §61.315, except §61.315 (c)(14) and, if a private pilot
or higher, §61.315 (c)(7).  



(3)  Neither a medical certificate nor a U.S. driver’s license,	(i)  A
sport pilot certificate,	(A)  Only a light sport glider or balloon for
which you hold the endorsements required for its category, class, make
and model,	(1)  You must hold any other endorsements required by this
subpart, and comply with the limitations in §61.315.  



	(ii)  At least a private pilot certificate with a category and class
rating for glider or balloon,	(A)  Only a light sport glider or balloon
in that category and class,	(1)  You do not have to hold any of the
endorsements required by this subpart, but you must comply with the
limitations in §61.315.   

	(iii)  At least a private pilot certificate but not a rating for glider
or balloon,	(A)  Only a light sport glider or balloon, if you hold the
endorsements required in §61.321 for its category and class,	(1)  You
must comply with the limitations in §61.315, except §61.315 (c)(14)
and, if a private pilot or higher, §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; 

(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.

§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.

§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 §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 §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 §§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 §§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. 

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

Except as specified in §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.

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

Except as specified in §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).

(j)  Emergency operations.

(k)  Post-flight procedures.

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

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



If you are applying for a sport pilot certificate with…	Then you must
log at least…	Which must include at least…

(a)  Airplane category and single-engine land or sea class privileges,
(1)  20 hours of flight time, including at least 15 hours of flight
training from an authorized instructor in a single-engine airplane and
at least 5 hours of solo flight training in the areas of operation
listed in §61.311,	(i)  2 hours of cross-country flight training,

(ii)  10 takeoffs and landings to a full stop (with each landing
involving a flight in the traffic pattern) at an 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 §61.311 preparing for the practical test within 60 days before the
date of the test.

(b)  Glider category privileges, and you have not logged at least
20 hours of flight time in a heavier-than-air aircraft,	(1)  10 hours
of flight time in a glider, including 10 flights in a glider receiving
flight training from an authorized instructor and at least 2 hours of
solo flight training in the areas of operation listed in §61.311, 	(i) 
Five solo launches and landings, and

(ii)  3 hours of flight training on those areas of operation specified
in §61.311 preparing for the practical test within 60 days before the
date of the test.

(c)  Glider category privileges, and you have logged 20 hours flight
time in a heavier-than-air aircraft,	(1)  3 hours of flight time in a
glider, including five flights in a glider while receiving flight
training from an authorized instructor and at least 1 hour of solo
flight training in the areas of operation listed in § 61.311,	(i) 
Three solo launches and landings, and

(ii)  3 hours of flight training on those areas of operation specified
in §61.311 preparing for the practical test within 60 days before the
date of the test.

(d)  Rotorcraft category and gyroplane class privileges,	(1)  20 hours
of flight time, including 15 hours of flight training from an authorized
instructor in a gyroplane and at least 5 hours of solo flight training
in the areas of operation listed in §61.311,	(i)  2 hours of
cross-country flight training,

(ii)  10 takeoffs and landings to a full stop (with each landing
involving a flight in the 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 §61.311 preparing for the practical test within 60 days before the
date of the test.

(e)  Lighter-than-air category and airship class privileges,	(1)  20
hours of flight time, including 15 hours of flight training from an
authorized instructor in an airship and at least 3 hours performing the
duties of pilot in command in an airship with an authorized instructor
in the areas of operation listed in §61.311,	(i)  2 hours of
cross-country flight training,

(ii)  Three takeoffs and landings to a full stop (with each landing
involving a flight in the traffic pattern) at an 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 §61.311 preparing for the practical test within 60 days before the
date of the test.

(f)  Lighter-than-air category and balloon class privileges,

	(1)  7 hours of flight time in a balloon, including three flights with
an authorized instructor and one flight performing the duties of pilot
in command in a balloon with an authorized instructor in the areas of
operation listed in §61.311,	(i)  2 hours of cross-country flight
training,

 and

(ii)  3 hours of flight training on those areas of operation specified
in §61.311 preparing for the practical test within 60 days before the
date of the test.

(g)  Powered parachute category land or sea class privileges,	(1) 12
hours of flight time in a powered parachute, including 10 hours flight
training and, and at least 2 hours solo flight training in the areas of
operation listed in §61.311. 	(i)  1 hour of cross-country flight
training,

(ii)  20 takeoffs and landings to a full stop in a powered parachute
with each landing involving flight in the traffic pattern at an airport;


(iii)  10 solo takeoffs and landings to a full stop (with each landing
involving a flight in the traffic pattern) at an 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
§61.311 preparing for the practical test within 60 days before the
date of the test.

(h)  Weight-shift-control aircraft category land or sea class
privileges,	(1)  20 hours of flight time, including 15 hours of flight
training from an authorized instructor in a weight-shift-control
aircraft and at least 5 hours of solo flight training in the areas of
operation listed in §61.311,	(i)  2 hours of cross-country flight
training;

(ii)  10 takeoffs and landings to a full stop (with each landing
involving a flight in the 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 §61.311 preparing for the practical test within 60 days before the
date of the test.



§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 §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 §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.

§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 aircraft of
aircraft in which you are authorized to act as pilot in command. 

§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.

§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
§61.309 and areas of operation specified in §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 §§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.  

§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. 

§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.

§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.

§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 an FAA-recognized ultralight
organization on or before September 1, 2004, and you want to apply for a
sport pilot certificate,	(i)  Not later than January 31, 2007--

(A)  Meet the eligibility requirements in §§61.305 and 61.23, but not
the aeronautical knowledge requirements specified in §61.309, the
flight proficiency requirements specified in §61.311, and the
aeronautical experience requirements specified in §61.313,

(B)  Pass the knowledge test for a sport pilot certificate specified in
§61.307 or the knowledge test for a flight instructor certificate with
a sport pilot rating specified in §61.405, 

(C) Pass the practical test for a sport pilot certificate specified in
§61.307, 

(D)  Provide the FAA with a certified copy of your ultralight pilot
records from an FAA-recognized ultralight organization, and those
records must--

(1)  Document that you are a registered ultralight pilot with that
FAA-recognized ultralight organization, and

(2)  Indicate that you are recognized to operate each category and class
of aircraft for which you seek sport pilot privileges. 



(2) A registered ultralight pilot with an FAA-recognized ultralight
organization after  September 1, 2004,  and you want to apply for a
sport pilot certificate,

	(i)  Meet the eligibility requirements in §§61.305 and 61.23,

(ii)  Meet the aeronautical knowledge requirements specified in
§61.309, the flight proficiency requirements specified in §61.311, and
aeronautical experience requirements specified in §61.313; however, you
may credit your ultralight aeronautical experience in accordance with
§61.52  toward the requirements in §§61.309, 61.311, and 61.313,

(iii) Pass the knowledge and practical tests for a sport pilot
certificate specified in §61.307, and 

(iv) Provide the FAA with a certified copy of your ultralight pilot
records from an FAA-recognized ultralight organization, and those
records must--

(A)  Document that you are a registered ultralight pilot with that
FAA-recognized ultralight organization, and

(B)  Indicate that you are recognized to operate the category and class
of aircraft for which you seek sport pilot privileges. 





(b)  When you successfully pass the 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.

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?

§ 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.

§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.

§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 §61.407.  You must
pass knowledge tests on––

(1)  The fundamentals of instructing listed in §61.407 (a), unless you
meet the requirements of §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
§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 §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 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.

§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.

§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.

Slow flight (not applicable to lighter-than-air and powered parachutes).

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.

§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 privileges,	(1)  150
hours of flight time as a pilot,	(i)  100 hours of flight time as 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 privileges,	(1) 125 hours
of flight time as a pilot,	(i)  100 hours of flight time as 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 class privileges,	(1)  100
hours of flight time as a pilot,	(i)  40 hours of flight time in 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 class privileges,	(1)  35
hours of flight time as pilot-in-command,	(i)  20 hours of flight time
in a balloon,

(ii)  10 flights in a balloon, and

(iii)  5 flights as pilot in command in a balloon that is a light-sport
aircraft.  

(f)  Weight-shift-control aircraft category privileges,	(1)  150 hours
of flight time as a pilot,	(i)  100 hours of flight time as 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 a pilot,	(i)  75 hours of flight time as 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.



§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.

§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 §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 §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
§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 §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.

(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.

§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.

§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 §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 §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.	

§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.

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

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.

§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
§61.197. 

§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 §61.405 (b) or §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.  

§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 §61.413.

(b)  You must comply with the limits specified in §61.415 and the
recordkeeping requirements of §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 §61.419.

§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
§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 §§61.403 and 61.23.
 You do not have to meet the aeronautical knowledge requirements
specified in §61.407, the flight proficiency requirements specified in
§61.409 and the aeronautical experience requirements specified in
§61.411, except you must meet the minimum total flight time
requirements in the category and class of light-sport aircraft specified
in §61.411.    

(c)  You do not have to meet the aeronautical knowledge requirement
specified in §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

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.

51.  Amend §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:

§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.

	52.  Amend §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:

§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.

53.  Amend §65.101 by revising paragraph (b) to read as follows:

§65.101  Eligibility requirements: General.

*	*	*	*	*

	(b)  This section does not apply to the issuance of a repairman
certificate (experimental aircraft builder) under §65.104 or to a
repairman certificate (light-sport aircraft) under §65.107.

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

§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.

*	*	*	*	*

55.  Add §65.107 to subpart E to read as follows:

§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-sport aircraft),	(i)  Be at least 18
years old,

(ii)  Be able to read, speak, write, and understand English.  If for
medical reasons you cannot meet one of these requirements, the FAA may
place limits on your repairman certificate necessary to safely perform
the actions authorized by the certificate and rating,

(iii)  Demonstrate the requisite skill to determine whether a
light-sport aircraft is in a condition for safe operation, and

(iv)  Be a citizen of the United States, or a citizen of a foreign
country who has been lawfully admitted for permanent residence in the
United States. 

(2)  A repairman certificate (light-sport aircraft) with an inspection
rating,	(i)  Meet the requirements of paragraph (a)(1) of this section,
and 

(ii)  Complete a 16-hour training course acceptable to the FAA on
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-sport aircraft) with a maintenance
rating,	(i)  Meet the requirements of paragraph (a)(1) of this 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.



(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 §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
§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 §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 §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

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).

57.  Amend §91.1 by revising paragraph (b) to read as follows:

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

*	 *	 * 	* 	*

58.  Amend §91.113 by revising paragraphs (d)(2) and (d)(3) to read as
follows:

§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.

*	 * 	* 	*	 *

59.  Amend §91.126 by revising paragraph (b)(2) to read as follows:

§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. 

* 	* 	* 	* 	*

60.  Amend §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:

§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 §61.101 (d) of this chapter; or

(B)  The requirements for a student pilot seeking a recreational pilot
certificate in §61.94 of this chapter; 

(iii)  The pilot in command holds a sport pilot certificate and has met
--

(A)  The requirements of §61.325 of this chapter; or 

(B)  The requirements for a student pilot seeking a recreational pilot
certificate in §61.94 of this chapter; or

(iv)  The aircraft is operated by a student pilot who has met the
requirements of §61.94 or §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.

*	 *	 *	 *	 *

61.  Amend §91.155 by revising paragraph (b)(2) to read as follows: 

§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. 

*	 * 	*	 *	 *

62.  Amend §91.213 by revising paragraph (d)(1)(i) to read as follows:

§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

* 	*	 * 	*	 *

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

§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.

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

§91.319  Aircraft having experimental certificates:  Operating
limitations.

*     *       *     *     *

(e)  No person may operate an aircraft that is issued an experimental
certificate under §21.191 (i) of this chapter for compensation or hire,
except a person may operate an aircraft issued an experimental
certificate under §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 §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 §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 §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.

*     *     *     *     *

65.  Add §91.327 to read as follows:

§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 §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 §43.9 (d) of this
chapter, and with the retention requirements in §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 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.

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

§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;

*	*	*	*	*

	

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 §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.

/s/ Marion C. Blakey

Administrator

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