[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Proposed Rules]
[Pages 41045-41046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13024]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / 
Proposed Rules  

[[Page 41045]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2018-0926; Notice No. 18-02A]
RIN 2120-AL09


Removal of the Date Restriction for Flight Training in 
Experimental Light Sport Aircraft; Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

-----------------------------------------------------------------------

SUMMARY: The FAA is withdrawing a previously published notice of 
proposed rulemaking that proposed to amend the regulations governing 
the operating limitations for certain experimental light-sport 
aircraft. The rulemaking proposed to remove the date restriction that 
currently prevents flight training on these aircraft and add language 
to permit training in certain experimental light-sport aircraft for 
compensation or hire through existing deviation authority. The FAA is 
withdrawing this action because the FAA is concurrently publishing a 
notice of proposed rulemaking to address the framework of flight 
training in certain aircraft holding special airworthiness 
certificates, which will include experimental light-sport aircraft.

DATES: The NPRM published on October 24, 2018, at 83 FR 53590 is 
withdrawn, as of June 23, 2023.

FOR FURTHER INFORMATION CONTACT: Jabari Raphael, General Aviation and 
Commercial Division, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-1088; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On October 24, 2018, the FAA published a notice of proposed 
rulemaking (NPRM) titled ``Removal of the Date Restriction for Flight 
Training in Experimental Light Sport Aircraft'' in the Federal Register 
\1\ (ELSA NPRM). In the NPRM, the FAA proposed to revise regulations 
concerning the operation of experimental light-sport aircraft (ELSA). 
The rulemaking proposed to amend Sec.  91.319(e)(2) of Title 14 of the 
Code of Federal Regulations (14 CFR) to add language to explicitly 
permit training in ELSA for compensation or hire through existing 
deviation authority provided in Sec.  91.319(h). Through Sec.  
91.319(h), the FAA may issue a letter of deviation authority (LODA) 
providing relief from Sec.  91.319(a) for the purpose of conducting 
flight training; accordingly, the NPRM proposed to add relief from 
paragraph (e)(2) through this established process. The FAA proposed 
this change to increase safety to facilitate the increased availability 
of aircraft with similar performance and handling characteristics to 
light-sport aircraft and ultralights to be used for training.
---------------------------------------------------------------------------

    \1\ 83 FR 53590.
---------------------------------------------------------------------------

    The NPRM comment period closed on November 23, 2018. The FAA 
received a total of 99 comments to the NPRM, submitted by individuals 
and the Experimental Aircraft Association (EAA). All of the comments 
expressed general support for the proposed changes in the NPRM, with 
some comments requesting that the FAA consider additional regulatory 
revisions, which were out of scope of the proposed rule. These comments 
are no longer applicable given the scope of the subsequently discussed 
rulemaking, which is intended to address the framework of flight 
training in ELSA.

Withdrawal of the NPRM

    After publication and comments to the ELSA NPRM were considered, 
the FAA noted a discrepancy between the plain language of Sec.  91.319 
and FAA guidance to its inspectors on the approach to flight training 
in aircraft holding special airworthiness certificates \2\ when no 
compensation is provided for the use of the aircraft. This discrepancy 
resulted in an inability for owners of experimental aircraft, including 
ELSA, to receive and provide compensation for specialized flight 
training and checking without holding a LODA from the FAA. This 
development prompted the FAA to propose a rule change that would 
resolve the discrepancy and better serve the public interest. The FAA 
recognizes that additional regulatory clarification, which is outside 
the scope of the ELSA proposed rule, is necessary to more sufficiently 
define both the permissions and the limitations of flight training for 
compensation or hire in certain aircraft that hold special 
airworthiness certificates.
---------------------------------------------------------------------------

    \2\ Special airworthiness certificates are primary, restricted, 
limited, light-sport, and provisional airworthiness certificates, 
special flight permits, and experimental certificates. See Sec.  
21.175.
---------------------------------------------------------------------------

    The FAA notes that, for experimental aircraft, the discrepancy 
between the regulation and FAA guidance was resolved in section 5604 of 
the James M. Inhofe National Defense Authorization Act for 2023 (Pub. 
L. 117-263). That section directs that flight training, testing, and 
checking in experimental aircraft does not require a LODA from the FAA 
if certain conditions set forth in the legislation are met. The FAA has 
concurrently published an NPRM titled ``Public Aircraft Logging of 
Flight Time, Training in Certain Aircraft Holding Special Airworthiness 
Certificates, and Flight Instructor Privileges,'' \3\ intended to 
codify the legislation for experimental aircraft and expand the terms 
of the legislation to flight training, testing, and checking in other 
aircraft holding special airworthiness certificates. The expanded scope 
of the concurrently published proposed rulemaking will more 
comprehensively address the parameters of flight training in aircraft 
that hold certain special airworthiness certificates including light-
sport aircraft and will create a consistent flight training framework 
for limited category aircraft and experimental aircraft, 
respectively.\4\ Therefore, the FAA is withdrawing the ELSA NPRM, and 
flight training in ELSA will be more appropriately incorporated in the 
aforementioned rulemaking.
---------------------------------------------------------------------------

    \3\ RIN 2120-AL61.
    \4\ The expanded scope will also address flight training in 
primary category aircraft.
---------------------------------------------------------------------------

    The FAA notes that comments received to the ELSA NPRM will not be 
addressed in the ``Public Aircraft Logging of Flight Time, Training in 
Certain Aircraft Holding Special Airworthiness Certificates, and Flight 
Instructor Privileges'' rulemaking because the concurrently published 
NPRM will more comprehensively

[[Page 41046]]

address the flight training in ELSA due to the expanded scope. 
Therefore, while the concurrently published NPRM contains some similar 
provisions, proposed amendments to Sec.  91.319 are significantly 
different from the changes proposed in ELSA and comments to the ELSA 
NPRM are no longer applicable. The public may view and provide comments 
on the concurrently published ``Public Aircraft Logging of Flight Time, 
Training in Certain Aircraft Holding Special Airworthiness 
Certificates, and Flight Instructor Privileges'' NPRM.

Conclusion

    Withdrawal of Notice No. 18-02 does not preclude the FAA from 
issuing rulemaking on the subject in the future or commit the agency to 
any future course of action. The FAA will make necessary changes to the 
Code of Federal Regulations through an NPRM with opportunity for public 
comment in the new rulemaking project.
    Therefore, the FAA withdraws Notice No. 18-02, FR Doc. 2018-23270, 
published at 83 FR 53590 on October 24, 2018.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC.
Wesley L. Mooty,
Acting Deputy Executive Director, Flight Standards Service.
[FR Doc. 2023-13024 Filed 6-22-23; 8:45 am]
BILLING CODE 4910-13-P


