FAA Announces "Fixes" to Sport Pilot Regulations at Sun 'n Fun

April 11 2008 — At the “Meet the FAA” session today at the Sun ’n Fun Fly-In, the FAA revealed long-awaited changes to the sport pilot/light-sport aircraft regulations that–although in draft form—garnered cautious praise from EAA.

Kim Smith, manager of the FAA’s Small Airplane Directorate, announced that a notice of proposed rulemaking (NPRM) would be published in the Federal Register on Tuesday, April 15, containing more than 22 revisions over two years in the making. EAA’s initial evaluation of the draft NPRM shows that the FAA has incorporated most of the revisions advocated by EAA and its members, including:

* Replacing the 10,000-foot MSL limit for sport pilots with “10,000 MSL or 2,000 above ground level (AGL), whichever is higher.”
* Removal of the requirement for aircraft certificated as experimental light-sport aircraft (E-LSA) to comply with the Part 43 maintenance regulations. This means E-LSA can now be maintained like other experimental aircraft.
* Allowing powered parachute and weight-shift trike private pilots to conduct production tests flights for hire.

The largest change: Complete removal of the current Sport Pilot Instructor section, which had been separate from other Certificated Flight Instructors (CFI) in the regulations. Under the draft proposal to be published next week, Sport Pilot Instructor will be on regulatory par with all other ratings available under the previous (Subpart H) flight instructor regulations.

EAA is in the process of evaluating all the implications of this change.

“We’re pleased that this update has been released,” EAA President Tom Poberezny said in Lakeland where he is coordinating EAA’s presence at Sun ’n Fun. “It is not unusual for large rulemaking packages such as the sport pilot/light-sport aircraft regulations to have revisions to deal with unforeseen issues. Our initial review indicates that the FAA has incorporated EAA’s suggested revisions and more.”

EAA government relations staff will continue its review of the proposed revisions and will share its complete analysis with members.

At the session, FAA also announced that previously evaluated and approved amateur-built aircraft kits would be “grandfathered” and not subject to re-evaluation.

FAA Publishing NPRM For Sport Pilot Ops
April 15th NPRM To Bring Sport Pilot "In Line" With Other Certificates

The FAA has proposed amended rules for sport pilots and flight
instructors with a sport pilot rating, in an NPRM entitled,
"Certification of Aircraft and Airmen for the Operation of Light Sport
Aircraft; Modifications to Rules for Sport Pilots and Flight Instructors
With a Sport Pilot Rating."

According to the FAA, they believe "these changes are necessary to
address airman certification issues that have arisen since regulations
for the operation of light-sport aircraft were implemented. These
changes would align the certification requirements for sport pilots and
flight instructors with a sport pilot rating with those requirements
currently applicable to other airmen certificates."

Specific modifications to current Rule-Making include:

1. Replace sport pilot privileges with aircraft category and class
ratings on all pilot certificates.

2. Replace sport pilot flight instructor privileges with aircraft
category ratings on all flight instructor certificates.

3. Remove current provisions for the conduct of proficiency checks
by flight instructors and include provisions for the issuance of
category and class ratings by designated pilot examiners.

4. Place all requirements for flight instructors under a single
subpart (subpart H) of part 61.

5. Require 1 hour of flight training on the control and maneuvering
of an airplane solely by reference to instruments for student pilots
seeking a sport pilot certificate to operate an airplane with a maximum
airspeed in level flight with maximum continuous power (VH) greater than
87 knots calibrated airspeed (CAS) and sport pilots operating airplanes
with a VH greater than 87 knots CAS.

6. Remove the requirement for persons exercising sport pilot
privileges and flight instructors with a sport pilot rating to carry
their logbooks while in flight.

7. Remove the requirement that persons exercising sport pilot
privileges have an aircraft make-and-model endorsement to operate a
specific set of aircraft while adding provisions for endorsements for
the operation of powered parachutes with elliptical wings and aircraft
with a VH less than or equal to 87 knots CAS.

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8. Remove the requirement for all flight instructors to log at
least 5 hours of flight time in a make and model of light-sport aircraft
before providing training in any aircraft from the same set of aircraft
in which that training is given.

9. Permit persons exercising sport pilot privileges and the
privileges of a student pilot seeking a sport pilot certificate to fly
up to an altitude of not more than 10,000 feet mean sea level (MSL) or
2,000 feet above ground level (AGL), whichever is higher.

10. Permit private pilots to receive compensation for production flight
testing of powered parachutes and weight-shift-control aircraft intended
for certification in the light-sport category under §21.190.

11. Revise student sport pilot solo cross-country navigation and
communication flight training requirements.

12. Clarify cross-country distance requirements for private pilots
seeking to operate weight-shift-control aircraft.

13. Revise aeronautical experience requirements at towered airports for
persons seeking to operate a powered parachute or weight-shift-control
aircraft as a private pilot.

14. Remove the requirement for pilots with only a powered parachute or
a weight-shift-control aircraft rating to take a knowledge test for an
additional rating at the same certificate level.

15. Revise the amount of hours of flight training an applicant for a
sport pilot certificate must log within 60 days prior to taking the
practical test.

16. Remove expired ultralight transition provisions and limit the use
of aeronautical experience obtained in ultralight vehicles.

17. Add a requirement for student pilots to obtain endorsements
identical to those proposed for sport pilots in §§61.324 and 61.327.

18. Clarify that an authorized instructor must be in a powered
parachute when providing flight instruction to a student pilot.

19. Remove the requirement for aircraft certificated as experimental
aircraft in the light-sport category to comply with the applicable
maintenance and preventive maintenance requirements of part 43 when
those aircraft have been previously issued a special airworthiness
certificate in the light-sport category.

20. Require aircraft owners or operators to retain a record of the
current status of applicable safety directives for special light-sport
aircraft.

21. Provide for the use of aircraft with a special airworthiness
certificate in the light-sport category in training courses approved
under part 141.

22. Revise the minimum safe-altitude requirements for powered
parachutes and weight-shift-control aircraft.

A 120 day comment period has been specified for the NPRM which is
scheduled for publication, April 15th, 2008.
FMI:
www.faa.gov/regulations_policies/rulemaking/recently_published/media/2901
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