[4910-13]

DEPARTMENT OF TRANSPORTATION

SweeneyCorp
The Sport Pilot Rule

Federal Aviation Administration

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

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

RIN: 2120-AH19

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

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

ADDRESSES: Address your comments to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh St., SW., Washington, DC 20590-0001. You must identify the docket number at the beginning of your comments, and you should submit two copies of your comments.

You may also submit comments through the Internet to http://dms/dot.gov. You may review the public docket containing comments to these proposed regulations in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Dockets Office is on the plaza level at the Department of Transportation building at the address above. Also, you may review public dockets on the Internet at http://dms.dot.gov.

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

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

2. Overview of the Proposal
3. Effects of the Proposal on the Public and Industry
4. Background

1. Current rules
2. The FAA’s reasons for this propsal

2. The Aviation Rulemaking Advisory Committee (ARAC)
3. Section-by-Section Analysis of the Proposal

1. What are the proposed changes to 14 CFR part 1?
2. What are the proposed changes to 14 CFR part 21?
3. What are the proposed changes to 14 CFR part 43?
4. What are the proposed changes to 14 CFR part 45?
5. What are the proposed changes to 14 CFR part 61?
6. What are the proposed changes to 14 CFR part 65?
7. What are the proposed changes to 14 CFR part 91?

2. Paperwork Reduction Act
3. International Compatibility
4. Regulatory Evaluation Summary–Executive Order 12866 and DOT Regulatory Policies and Procedures

1. Economic evaluation
2. Initial regulatory flexibility determination
3. International trade impact statement
4. Initial unfunded mandates assessment

2. Executive Order 13132, Federalism

XI. Environmental Analysis

XII. Energy Impact

I. Public Comment Procedures

The FAA invites you to participate in this rulemaking action by submitting written data, views, or arguments. We also invite comments relating to the environmental, energy, federalism, or economic impact that might result from adopting the proposals in this document. Substantive comments should contain cost estimates. In your comments, identify the regulatory docket or notice number you are commenting on. Submit them in duplicate to the DOT Rules Docket address specified above.

We will file in the docket all comments received, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. The docket is available for public inspection before and after the comment closing date.

We will consider all comments received on or before the closing date before taking action on this proposed rulemaking. We will consider comments filed late as far as possible without incurring expense or delay. We may change the proposals in this document in response to comments.

If you want FAA to acknowledge receipt of your comments include a pre-addressed, stamped postcard. In the message area, identify the document you are commenting on by notice or docket number. We will date stamp the postcard and mail it to you.

We also anticipate holding an electronic public meeting during the comment period. You will be able respond on-line via the Internet to questions that we will ask you regarding this proposal. We will publish a notice in the Federal Register shortly announcing more details about this virtual public meeting.

Availability of Rulemaking Documents

You can get an electronic copy of this document from the Internet by taking the following steps:

(1) Go to the search function of the Department of Transportation’s electronic Docket Management System (DMS) web page (http://dms.dot.gov/search).

(2) On the search page, type in the last four digits of the docket number shown at the beginning of this document. Click on "search."

(3) On the next page, which contains the docket summary information, click on the item you want to see.

You can also get an electronic copy using the Internet through the FAA’s web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the Federal Register’s web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.

You can also get a copy by submitting a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Ave., SW., Washington, DC 20591, or by calling (202) 267-9680. Make sure to identify the docket number or notice number of this rulemaking.

II. Overview of the Proposal

This proposal addresses three major issues:

• Certification of light-sport aircraft;

• Certification of pilots and flight instructors to operate light-sport aircraft; and

• Certification of repairmen to maintain light-sport aircraft.

We discuss these issues in more detail below.

Certification of light-sport aircraft

Light-sport aircraft are small, simple-to-operate, low-performance aircraft. The FAA is proposing to limit these aircraft to a maximum of 2 occupants, a 1,232-lb. (560 kg.) takeoff weight, a 39-knot stall speed, a 115-knot maximum operating speed, a single engine, and fixed landing gear. Refer to the definition of light-sport aircraft in the proposed rule for a complete list of limits for those aircraft. Helicopters and powered lift would not be light-sport aircraft due to their complexity.

The FAA currently issues two major types of airworthiness certificates—standard and special. The special airworthiness certificate includes six categories—primary, restricted, limited, provisional, special flight permits, and experimental. We propose to add a seventh category of special airworthiness certificate—light-sport. You could use aircraft issued a special light-sport airworthiness certificate for sport and recreation, flight training, or rental. The special airworthiness certificate would ensure that aircraft used for these purposes are designed and manufactured to an identified standard. The FAA would exclude gyroplanes for this certificate.

The FAA currently issues special experimental certificates for eight purposes. We propose to add a new purpose—to operate light-sport aircraft—for issuing an experimental certificate. There would be three ways to get an experimental certificate for the purpose of operating light-sport aircraft. First, if you operate a light-sport aircraft that does not meet the existing definition of ultralight vehicle in 14 CFR 103.1, you would have to apply for an experimental airworthiness certificate for your aircraft under this provision. You would have to apply to register your aircraft not later than 24 months after the effective date of the final rule. You would then have your aircraft inspected and an airworthiness certificate issued not later than 36 months after the effective date of the final rule. You could use aircraft with an airworthiness certificate issued for this experimental purpose for sport and recreation, and flight training. For a period of 3 years after the effective date if the final rule, you could operate these aircraft for compensation or hire, while conducting flight training.

Second, you could get an experimental airworthiness certificate for an aircraft you assembled from an eligible kit. You could use these aircraft only for sport and recreation, and flight training.

And finally, you could get an experimental airworthiness certificate to operate a light-sport aircraft if it previously had been issued a special, light-sport aircraft airworthiness certificate and you do not want to comply with the operating limitations associated with a special light-sport certificate. For example, you could do this if you wanted to alter the aircraft without the manufacturer’s authorization, or you choose not to comply with the mandatory safety-of-flight actions. You could use these aircraft only for sport and recreation, and flight training.

Table 1 Proposed new or expanded airworthiness certificate categories and purposes.

Aircraft Airworthiness Certificate

* New airworthiness certificate categories and/or purposes

Certification of pilots and flight instructors to operate light-sport aircraft

The FAA is also proposing two new pilot certificates and two new aircraft category ratings to allow operations of light-sport aircraft. Currently, we issue student, recreational, private, commercial, and airline transport pilot certificates. This proposal would add a student pilot certificate for operating light-sport aircraft and a sport pilot certificate. We would issue the sport pilot certificate and flight instructor certificate with a sport pilot rating without any category and class ratings. However, the applicable aircraft category, class, and make and model privileges would be established through logbook endorsements.

The FAA currently issues airplane, helicopter, gyroplane, glider, balloon, airship, and powered-lift aircraft category ratings. We propose to add powered parachute and weight-shift-control aircraft category ratings for the private pilot certificate. The weight-shift-control aircraft category rating would include land and sea class ratings.

Table 2 Proposed new or expanded pilot/flight instructor categories and class ratings.

Pilot/Flight Instructor Certification

A student pilot operating light sport aircraft, a sport pilot, and a flight instructor with a sport pilot rating could operate or provide training only in a light sport aircraft that meets the definition under 14 CFR part 1. These light sport aircraft could be issued any one of the standard or special airworthiness certificates shown in Table 1.

The FAA proposes to revise recreational pilot certificate privileges to align them with the proposed privileges for sport pilots, primarily to permit operation in Class B, C, and D airspace. To operate in that airspace, you would have to get appropriate training and logbook endorsements. We also propose to revise the training requirements for the private pilot certificate to permit private pilots to operate powered parachutes and weight-shift-control aircraft.

This proposal also addresses flight instructor certification and ground instructor privileges. The FAA would add a new rating for flight instructors–the sport pilot rating–and would revise privileges for ground instructors to train sport pilots and flight instructors with a sport pilot rating.

Certification of repairmen to maintain light-sport aircraft

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

III. Effects of the Proposal on the Public and Industry

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

I own or plan to purchase a light-sport aircraft within 24 months after the rule is effective. How would this proposal affect me?

If you own or plan to purchase an ultralight that meets the definition of ultralight vehicle in part 103 of our regulations (14 CFR part 103), this proposal doesn’t affect you.

If your aircraft or the aircraft you plan to purchase doesn’t meet the definition of ultralight vehicle in 14 CFR part 103, you would have to apply to register your aircraft with the FAA not later than 24 months after the effective date of the final rule. You would then have your aircraft inspected by the FAA (or representative of the FAA) and an experimental, light-sport airworthiness certificate must be issued not later than 36 months after the effective date of the final rule.

If you currently operate an ultralight vehicle under a training exemption and you also have applied to the FAA for aircraft registration, you would be allowed to continue to operate under the training exemption until you are issued an experimental, light-sport airworthiness certificate. If your aircraft does not meet 14 CFR part 103 and you are not authorized to operate under a training exemption, you would not be allowed to operate under 14 CFR part 91 until you register your aircraft with the FAA and receive an airworthiness certificate for your aircraft.

I’d like to buy a ready-to-fly light-sport aircraft and use it for training and rental. How would this proposal affect me?

If you buy a U.S.-manufactured, ready-to-fly light-sport aircraft after the effective date of the final rule and intend to use it for training or rental, you could apply for a special airworthiness certificate in the light-sport category. To get the certificate, you would have to present the following information to the FAA:

• The manufacturer’s statement of compliance;
• The applicable maintenance and inspection procedures;
• The pilot flight training manual;
• The pilot operating handbook; and
• Statements concerning any prior or future alterations.

You’d also have to get the aircraft registered and inspected by the FAA.

If you buy an imported light-sport aircraft, you would have to provide the same information as required for a U.S.-manufactured aircraft, and you would also have to provide the additional information under 14 CFR 21.186(d).

I’d like to buy a light-sport aircraft kit. How would this proposal affect me?

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

• The kit manufacturer’s statement of compliance;
• The applicable maintenance and inspection procedures;
• The pilot flight training manual; and
• The pilot operating handbook.

In addition, you’d have to get the aircraft registered and inspected by the FAA.

I would like to fly a light-sport aircraft and I don’t hold a pilot certificate. How would this proposal affect me?

For most types of light-sport aircraft, including powered parachutes and weight-shift-control aircraft, you would have to obtain at least a sport pilot certificate. First, you would have to get a student pilot certificate for operating light-sport aircraft (called a "student certificate" in this preamble).

To get a student certificate, you would have to—

• Meet certain eligibility requirements related to language and age (at least 16 years old, or 14 years old to operate a glider or balloon);
• Have a U.S. driver’s license or an airman medical certificate;

• Receive and log ground and flight training in specific aeronautical areas; and

• Meet specific requirements for solo and solo cross-country.

As a student certificate holder, you’d be subject to most of the existing limits on student certificate holders. You also couldn’t fly when visibility is less than 3 miles, at night, above certain altitudes and speeds, in certain airspace, contrary to any operating limitation for the aircraft or the pilot, and outside the United States.

To get a sport pilot certificate, you would have to—

• Obtain a student certificate for operating light-sport aircraft;
• Meet certain eligibility requirements related to language and age (at least 17 years old, or 16 years old to operate a glider or balloon);

• Have a U.S. driver’s license or an airman medical certificate;

• Receive and log ground and flight training in specific aeronautical areas;
• Meet aeronautical experience requirements; and
• Pass a knowledge test and a practical test.

The FAA would issue you a sport pilot certificate and your logbook would be endorsed authorizing you privileges in that specific category, class, and make and model of aircraft.

As a sport pilot certificate holder, you couldn’t fly—

• When visibility is less than 3 miles;
• At night;
• Above certain altitudes and speeds;
• In certain airspace;
• For other than sport and recreational purposes;
• Contrary to any operating limitation for the aircraft or the pilot;
• While towing an object;
• While carrying a passenger for compensation or hire; or
• Outside the United States without authorization.

You also couldn’t demonstrate an aircraft in flight if you’re an aircraft salesperson. You could share operating expenses with another pilot.

Once I hold a sport pilot certificate, what must I do to fly a different category, class, or make and model of light-sport aircraft?

To fly an additional make and model of light-sport aircraft, you’d have to receive and log aircraft-specific ground and flight training for the additional make and model from an authorized instructor.

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

I would like to become a light-sport aircraft instructor. How would this proposal affect me?

If you don’t hold a flight instructor certificate issued under 14 CFR part 61, you would have to obtain a flight instructor certificate with a sport pilot rating. To get it, you would have to—

• Meet certain eligibility requirements related to language and age (at least 18 years old);

• Have a sport pilot certificate or a private pilot certificate;

• Receive and log ground training in the fundamentals of instruction;

• Receive and log ground and flight training in specific aeronautical areas;

• Meet aeronautical experience requirements; and

• Pass a knowledge test and a practical test.

The FAA would issue you a flight instructor certificate with a sport pilot rating and your logbook would be endorsed authorizing you privileges to provide training in that specific category, class, and make and model of aircraft.

If you already hold a current and valid flight instructor certificate issued under 14 CFR part 61, you could provide flight training toward a sport pilot certificate without further showing of proficiency. You would be subject to certain limitations.

Once I hold a flight instructor certificate with a sport pilot rating, what must I do to provide training in a different category, class, or make and model of light-sport aircraft?

To provide training in an additional make and model of light-sport aircraft, you’d have to receive and log aircraft-specific ground and flight training for the additional make and model from an authorized instructor.

To provide flight training in another category or class of light-sport aircraft, you’d have to receive and log ground and flight training in certain operational areas from an authorized instructor, and successfully complete a proficiency check from a different authorized instructor.

The authorized instructor who certifies your proficiency authorizing you to provide training for the additional make and model or category and class privileges would endorse your logbook establishing those specific privileges.

I’m an ultralight pilot and an ultralight flight instructor with an FAA-recognized organization. How will this rule affect me?

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

I already have an FAA pilot certificate and want to fly light-sport aircraft. How would the proposal affect me?

If you already have at least a private pilot certificate, you would have to—

• Receive and log specific training for any make and model of light-sport aircraft for which you hold a category and class rating and that you haven’t piloted; and

• Get a logbook endorsement from the authorized instructor who trained you certifying your proficiency.

If you want to add category and class privileges for which you do not have an aircraft category or class rating on your private pilot certificate, you would have to meet the requirements for the addition of those privileges established in this proposal.

Who can perform maintenance, which includes inspections, on a ready-to-fly aircraft with a special, light-sport airworthiness certificate?

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

Who can perform inspections on an aircraft with an experimental, light-sport airworthiness certificate?

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

How do I get a repairman certificate (light-sport aircraft) with a maintenance or inspection rating?

To get a repairman certificate (light-sport aircraft), you would have to—

• Meet certain eligibility requirements relating to age, language, and citizenship or residency;
• Demonstrate the requisite skill to determine whether a light-sport aircraft is in a condition for safe operation; and
• Meet the requirements for one of the following ratings:

For an inspection rating, you would have to—

• Complete a 16-hour training course on the inspection requirements of the particular make and model of light-sport aircraft.

For a maintenance rating, you would have to—

• Complete an 80-hour training course on the maintenance requirements of the particular category of light-sport aircraft.

I manufacture light-sport aircraft. How does this proposal affect me?

If you manufacture aircraft intended for certification as a special, light-sport aircraft, you would have to—

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

I manufacture light-sport aircraft kits. How does this proposal affect me?

If you manufacture aircraft kits, intended to be assembled by the purchaser into aircraft eligible for certification as an experimental aircraft for the purpose of operating light-sport aircraft, you would have to—

• Manufacture at least one ready-to-fly aircraft. For the purposes of this certificate, an aircraft make and model is eligible for a kit if the aircraft make and model has been issued a special, light-sport airworthiness certificate;
• Manufacture the aircraft kit in accordance with standards developed by a consensus of industry and the FAA (consensus standard);
• Attest on a statement of compliance that the kit conforms to the consensus standard.
• Provide complete assembly instructions; and
• Develop and make available the applicable supporting documentation.

Does this proposal impose any requirements on the light-sport aircraft industry?

Yes, industry would have to work with the FAA to develop consensus standards governing the following:

• Design and performance criteria;
• Quality assurance system requirements;
• Completed aircraft production acceptance or "pass-through" test specifications; and
• A system for continued operational safety monitoring.

Although aircraft issued special airworthiness certificates in the light-sport category would not need a type certificate or have to be produced under a production certificate, the FAA proposes that these aircraft meet consensus standards. By consensus standards, we mean standards developed by the industry through a consensus process with FAA participation. Industry would present those standards to the FAA for review and publication in the Federal Register for public comment. After the FAA accepts the consensus standards, we would publish them in the Federal Register.

There would be separate standards for each aircraft class to which FAA could issue a certificate in the light-sport aircraft category. We have determined it is appropriate to use consensus standards, consistent with Office of Management and Budget (OMB) Circular A-119, "Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities," February 10, 1998.

4. Background

1. Current rules

Several FAA regulatory initiatives have addressed sport and recreational general aviation needs:

• We issued regulations regarding ultralight vehicles under 14 CFR part 103 (47 FR 38776; September 2, 1982),

• We created the recreational pilot certificate under 14 CFR part 61 (54 FR 13028; March 29, 1989), and

• We established a new category of aircraft, primary category, under 14 CFR part 21 (57 FR 41367; September 9, 1992).

We discuss these regulatory initiatives below.

Ultralight vehicle regulations

The FAA adopted part 103 in 1982 (47 FR 38776; September 2, 1982) in response to existing and rapidly growing hang glider activity. This activity made our earlier guidance inadequate.

Part 103 defines an ultralight as either an unpowered or powered vehicle with certain weight, speed, and other limitations. An ultralight can carry only one occupant and be used for sport and recreational purposes. It does not have a U.S. or foreign airworthiness certificate. Ultralight vehicle operators must comply with certain operating restrictions. Generally, you can operate these vehicles only between sunrise and sunset; you must yield the right-of-way to all aircraft; you may not operate over congested areas or over any open air assembly of people, and you may not operate for compensation or hire. See part 103 for more information on limits on ultralight vehicles.

Ultralight vehicles are not subject to the aircraft certification requirements of 14 CFR part 21, the maintenance requirements of 14 CFR part 43, the identification and marking requirements of 14 CFR part 45, or the registration requirements of 14 CFR part 47. In addition, to operate one of these vehicles, you do not need to comply with the airman certification requirements in 14 CFR part 61, medical certification requirements in 14 CFR part 67, or the operating rules in 14 CFR part 91.

Recreational pilot certificate regulations

The FAA established the recreational pilot certificate under part 61 in 1989 (54 FR 13028; March 29, 1989). We intended this certificate to be a lower cost alternative to the private pilot certificate. We believed this new certificate would be attractive for persons interested in flying basic, experimental, or homebuilt aircraft.

As a recreational pilot, you may operate a single-engine airplane or rotorcraft certificated for no more than four occupants with a powerplant of no more than 180 horsepower (hp). You are not only subject to the limits of a private pilot, but also have additional limits. These additional limits include not being permitted to carry more than one passenger; tow an object; fly between sunset and sunrise; fly above 10,000 feet MSL or 2,000 feet AGL, whichever is higher; fly without visual reference to the surface; or operate in airspace in which you need to communicate with air traffic control (ATC). See part 61 for information on other limits placed on recreational pilots.

However, in this current rulemaking we are proposing to allow a recreational pilot to operate in airspace in which communication with ATC is required, as long as the pilot receives training on that operation and a logbook endorsement authorizing it. This would parallel a similar privilege we are proposing for sport pilots.

Primary category aircraft regulations

In 1992, the FAA established a new category of aircraft, primary category aircraft, under §§ 21.24 and 21.184 (57 FR 41367, September 9, 1992), because of concerns that the decline in general aviation in the United States was in part due to higher certification costs for aircraft. The new category had simplified procedures for type, production, and airworthiness certification.

Primary category aircraft must be unpowered or have only a single, naturally aspirated engine. They are also subject to speed, weight, and load limits. They may not be used to carry persons or property for hire, although under certain conditions they may be rented or used for flight instruction. See part 21 at the sections listed above for more information about the limits placed on this category of aircraft.

The status of current rules

Despite the efforts discussed above to address sport and recreation general aviation needs, those rules, for various reasons, have not achieved the regulatory goals we set out to achieve. Since we issued the regulations, the state of the art in ultralight vehicles has advanced considerably and our rules are out-of-date. New advancements in technology have improved safety, including light-engine technology and reliability, more effective application of low-speed aerodynamic principles, and new materials. Although part 103 covers ultralight activities, an increasing number of ultralight vehicles are operating outside the current regulations. This is because the vehicles either exceed the part 103 ultralight weight limit (254 pounds) or they have two seats. For many operators, installing any new equipment or using new materials (some of which increase the level of safety) causes the vehicle to exceed the weight requirements of part 103.

Seeing the need for training to reduce accidents, manufacturers have built two-place training vehicles and organizations have established programs to qualify ultralight flight instructors. However, these vehicles do not meet the current definition of ultralight vehicle, and are not manufactured, certificated, or maintained to a standard. So, while the FAA currently does not require certification for ultralight vehicle operators, flight instructors, or vehicles, we issued exemptions to allow these larger ultralights to be used for training, but not for other sport or recreational flight. You can find a detailed discussion of exemptions for two-place ultralight training vehicles in the following documents: Aero Sports Connection (ASC) Exemption No. 6080, docket No. 27953; Experimental Aircraft Association (EAA) Exemption No. 3784, docket No. 23477; United States Hang Glider Association (USHGA) Exemption No. 4721, docket No. 23492; and United States Ultralight Association (USUA) Exemption No. 4274, docket No. 24427.

Neither the recreational pilot certificate nor the primary category airworthiness certificate regulations have accommodated the sport and recreational flying community. Only about half of the recreational pilot certificates we have issued are active. Specifically, as of January 10, 2001, the FAA has issued 638 recreational pilot certificates, but only 336 of those were active. Most initial pilot applicants have chosen to pursue a private pilot certificate, rather than a recreational pilot certificate, because the former provides more benefits for little extra cost. Since the primary category aircraft certification option covers only single-engine airplanes and rotorcraft, it excludes increasingly popular aircraft such as powered parachutes and weight-shift-control aircraft. And, although we intended the certification process for these aircraft to be abbreviated and economical compared to standard category certification, we have not achieved that goal. As of March 14, 2001, we have certificated only two aircraft in the primary category.

Finally, we have received numerous requests for exemptions from part 103, a petition for rulemaking from the United States Ultralight Association (docket No. 25591), and two petitions for exemption relating to powered parachutes, one from North American Powered Parachute Federation (NAPPF) and one from Aero Sports Connection (ASC) (docket No. 29674). The last petition also dealt with weight-shift-control aircraft.

The FAA currently does not have aircraft category ratings or training and certification requirements for powered parachutes and weight-shift-control aircraft in part 61. Before you fly one of these aircraft, you don't have to receive any training specific to them, but you must get a pilot certificate with a rating in another aircraft category and class. This requires pilots to get training in aircraft that do not have the same operating characteristics as the aircraft they will be flying. Although current regulations do not require any additional training in the powered parachute or weight-shift-control aircraft, many pilots exercise reasonable judgement and get that additional training. This significantly increases the cost of getting a pilot certificate to operate powered parachutes and weight-shift-control aircraft without any added benefit to the pilot or to public safety.

B. The FAA’s reason for this proposal

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

The FAA analyzed the existing accident data of ultralights that do not meet part 103 to determine deficiencies in safety. Accident data from the NTSB and part 103 exemption holders show that 36 accidents occurred between 1995-2001 involving aircraft that would meet the proposed definition of light-sport aircraft. Those accidents resulted in 51 fatalities. (The organizations that hold part 103 training exemptions are required to report to the FAA accidents involving two-place training vehicles.) The data indicate that some of these accidents also involve vehicles that are not covered under part 103 and were not used for training under an exemption. Because light-sport flying is becoming more and more popular, there is concern that more accidents could occur without regulatory intervention.

We believe that many of these accidents could have been avoided with this proposed rule. There are many safety benefits of certificating sport pilots, light-sport aircraft, and repairmen who would maintain these aircraft. The FAA has identified a number of factors related to training and certification that contribute to the prevention of accidents. For example, certificated sport pilots would—

1. meet minimum requirements to be eligible to operate aircraft,
2. be trained and tested to a standard,
3. routinely receive notices of FAA safety programs and are eligible to participate in that supplemental training (current operators of ultralight vehicles do not received these notices),
4. be required to be aware of safety- and security-related information contained in Notices to Airmen (NOTAMs), which could impact a flight and potentially reduce accidents (current operators of ultralight vehicles are not required to receive these NOTAMs),
5. be required to receive weather briefings and therefore are better prepared to avoid bad weather (current operators of ultralight vehicles are not required to receive weather briefings),
6. have access to DUAT (direct user access terminal) automated weather service, and
7. be required to complete recurrent training, which would maintain pilot skills.

Under this proposal, certificated sport pilots could credit ultralight flight time toward higher-level certificates, which would increase the experience level and qualification of sport pilots. In addition, sport pilots would receive make and model training, which is not required for any other pilot certificate.

Certificated light-sport aircraft would—

1. be designed, manufactured, tested, and supported according to the latest standard,
2. be manufactured under a quality assurance system that meets a standard,
3. receive safety-of-flight bulletins, similar to airworthiness directives and service bulletins (there are no safety-of-flight bulletins currently being issued to operators of ultralight vehicles),
4. be required to have make- and model-specific training and maintenance instructions,
5. have a make- and model-specific pilot operating handbook for safe operation of the aircraft,
6. have a make- and model-specific maintenance and inspection procedures manual, and
7. be eligible to use airports, which provide more access to maintenance facilities and emergency services. Vehicles without airworthiness certificates typically are not allowed to use airports.

Certificated repairmen (light-sport aircraft) would—

1. meet minimum training and testing requirements, which would ensure that repairmen have the necessary skills to inspect (or maintain) light-sport aircraft and certify that they are safe to fly (currently no certificated repairman or mechanic receives any safety and training information targeted to light-sport aircraft),
2. meet minimum requirements ensuring that the persons working on the aircraft are mature individuals who can read and understand maintenance manuals and instructions. These proposed requirements are similar to requirements for part 145 repair stations and repairmen for amateur-built aircraft,
3. receive FAA’s aircraft-specific safety and training information targeted to repairmen needs,

(4) be trained on how to report faults or failures to the FAA and light-sport aircraft manufacturers. This would greatly improve how light-sport aircraft manufacturers correct faults and make a safer product.

Also, certificating sport pilots, light-sport aircraft, and repairmen would allow the FAA to identify and take certificate action against them. The threat of certificate action could improve compliance with the regulations, and therefore, improve safety.

Certificated sport pilots and operators of light-sport aircraft would have better access to insurance. They would be more widely recognized by existing industry and trade organizations because the pilots and aircraft would meet the same operating rules as all other pilots and aircraft. These organizations would likely publish more safety-related material addressing sport flying.

Finally, the NTSB would investigate any accidents or incidents involving certificated sport pilots or light-sport aircraft, which could help identify ways to improve safety and reduce future accidents. (The NTSB generally does not investigate accidents involving ultralight vehicles.) The FAA bases many of its policy and rule changes on NTSB recommendations following accidents and incidents. Industry also uses NTSB data to develop safety initiatives and new training materials.

The ultralight aircraft industry has urged us to initiate rulemaking to address light-sport aircraft and has received strong support among its members. According to most of these supporters, regulating this industry would significantly increase the popularity of sport flying and would consequently have a positive impact on their businesses. Thriving businesses typically have more resources to improve their products, and, in this case, could produce safer aircraft. We agree with these statements and also believe that regulating this industry would offer other safety enhancements.

Although there would be some costs involved with this proposal, we believe it to be the least costly of the viable alternatives. (Refer to section IX "Regulatory Evaluation Summary" for more details on the costs and benefits of the proposal.) Industry leaders have indicated that regulations ultimately would lower the cost to participate in light-sport aircraft activities, while ensuring appropriate public safety. In a letter sent to the Director of the Office of Management and Budget on August 10, 2001, EAA stated that they see this proposal as an opportunity to decrease the cost of aircraft ownership and operation. The General Aviation Coalition indicated its support of sport pilot and light-sport aircraft regulations to the Administrator at its July 18, 2001, meeting with the FAA Administrator. According to one manufacturer of sport aircraft kits, rules covering these aircraft would benefit public safety in several ways, including: (1) providing appropriate rules for students to learn to fly light-sport aircraft, (2) improving flight instructor training on light-sport aircraft, and (3) providing rules for the continued airworthiness of the aircraft. Another manufacturer states that new regulations would improve pilot skills to fly these aircraft, encourage new flying skills, and would ensure that the aircraft are safe and high quality. Finally, one manufacturer of kit planes believes that regulating the light-sport aircraft certification process would increase safety by eliminating aircraft that do not meet a certain standard.

Several letters were received while the Department of Transportation and the Office of Management and Budget were reviewing this proposal. Buckeye Industries, Inc., Flightstar Sportplanes, and EAA all expressed their support of this proposal and requested expedited review of this proposal. You may find copies of all of the above letters in the docket.

The FAA is especially interested in receiving specific comments regarding the various costs of the proposal and the extent to which the affected public is willing to bear these costs as an acceptable part of business or recreation. These costs can be broken down into the following three components: aircraft certification; annual condition inspection and repairman certification; and sport pilot certificate and flight instructor certification (with a sport pilot rating). Each of these costs is discussed further in section IX "Regulatory Evaluation Summary". The FAA seeks information and data regarding each of these cost areas and if these costs are considered reasonable.

In summary, the FAA believes that these proposed regulations would improve safety and would:

• Provide an economical means for manufacturers to obtain FAA certification for light-sport aircraft;

• Provide an economical means for pilots to obtain a certificate to fly those aircraft;

• Provide a reasonable and appropriate means to overcome the limits of the ultralight regulations, the recreational pilot certificate, and the primary category airworthiness certificate;
• Eliminate the need for exemptions from part 103 to conduct flight training in aircraft that do not meet the requirements of that part;

• Provide the public safe access to general aviation without creating a significant financial barrier; and
• Create more eligible pilots to meet the needs of future airline and military demand.

V. The Aviation Rulemaking Advisory Committee (ARAC)

ARAC’s role in this rulemaking

The FAA established the Aviation Rulemaking Advisory Committee (ARAC) in 1991 to help us by providing input from outside the Federal government on major regulatory issues affecting aviation safety. The ARAC includes representatives of air carriers, manufacturers, general aviation, labor groups, universities, associations, airline passenger groups, and the general public. In 1993, we formed an ARAC working group to review part 103 and recommend whether we needed new or revised standards for sport aircraft (58 FR 47172, September 7, 1993). In 1995, we revised our charge to ARAC (60 FR 33247, June 27, 1995).

The ARAC considered a variety of alternatives to deal with light-sport aircraft issues. In their final recommendation, they focused on three areas. You can read ARAC’s entire report in the docket for this proposed rule.

ARAC’s recommended sport pilot certificate

The ARAC recommended FAA include detailed privileges and limits in part 61, tailored to diverse aircraft types, and appropriate to the low weight and speed of those aircraft. They wanted to enhance safety by providing a pilot certificate for those who wish to exercise pilot privileges that exceed the current limits of part 103. They wanted to achieve this goal without making the certificate requirements so stringent they were economically impractical.

In addition, ARAC recommended FAA allow the training and flight time used to obtain a sport pilot certificate to be applicable to higher-level airmen certificates. They believed this would encourage individuals to obtain a higher-level airman certificate.

ARAC’s airman medical certification recommendations

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

ARAC’s recommended Flight Standards Review Board (FSRB)

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

FAA’s response to the ARAC recommendations

The ARAC working group submitted its recommendations to FAA for review in July, 1998. Much of FAA’s proposal is based on ARAC’s sport pilot certification recommendation, but it also addresses many issues not considered by the ARAC. We decided we needed to cover aircraft and airman certification as well as operational and maintenance issues. Therefore, we have expanded on ARAC’s recommendation and are proposing a complete regulatory solution that would address these issues. Our proposal expands pilot certification and training requirements; addresses the airworthiness certification of light-sport aircraft, to include powered parachutes and weight-shift-control aircraft; establishes a new repairman certificate to ensure continuing airworthiness requirements are met; and revises operational requirements to address these aircraft.

There are several specific points on which FAA does not agree with ARAC. We do not agree we should allow sport pilots to tow objects. We believe pilots who tow objects should have a higher level of experience and training than the sport pilot certificate will allow. Existing regulations allow private pilots to do this. We did not agree with permitting an aircraft salesperson to demonstrate an eligible aircraft in flight to a potential buyer. We believe sales demonstration flights are not consistent with the nature of sport and recreational flying.

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

VI. Section-by-Section Analysis of the Proposal

1. What are the proposed changes to 14 CFR part 1?

Proposed § 1.1 would be revised to add the terms "light-sport aircraft," "consensus standard," "powered parachute," and "weight-shift-control aircraft" to the list of definitions.

Definition of "light-sport aircraft"

This proposal would establish a new category of aircraft—light-sport aircraft that would include airplanes, gliders, gyroplanes, powered parachutes, lighter-than-air, and weight-shift-control aircraft. These aircraft fall between "small aircraft" as defined in current § 1.1 and "ultralight vehicles" as defined in current § 103.1. Helicopters and powered-lift aircraft would be excluded from the definition of light-sport aircraft due to their complex operation, maintenance, design, and manufacture.

A light-sport aircraft would have a maximum takeoff weight of 1,232 lbs (560 kilograms), or a maximum gross weight of 660 lbs (300 kilograms) for lighter-than-air aircraft. These weight limits should accommodate a significant number of aircraft that are simple, low performance, and have no more than two occupants. These aircraft may be manufactured in the United States or another country.

A light-sport aircraft would have a maximum speed in level flight with maximum continuous power (V_H) of 115 knots. This limits the commanded kinetic energy of an aircraft flown by a pilot holding a sport pilot certificate. The FAA chose to use V_H as the limiting speed for powered, light-sport aircraft as it is simple to verify during testing. The FAA believes that aircraft with a V_H greater that 115 knots would be inappropriate for operation by persons with the minimum training and experience of a sport pilot, which prepares them for flying simple, low performance aircraft for sport and recreation. This value is consistent with light-sport aircraft airworthiness design standards adopted by other airworthiness authorities.

An unpowered light-sport aircraft (e.g. glider) would have a maximum never-exceed speed (V_NE) of 115 knots, as V_H is not applicable. This speed limitation also limits the commanded kinetic energy of an aircraft flown by a pilot holding a sport pilot certificate. For a V_NE equal to 80% of the aircraft’s structural design limit speed, a 115-knot V_NE limit for aircraft would mean that structural design limits would preclude gliders with a speed capability in excess of 144 knots from being approved as light-sport aircraft (144 X .80=115).

A light-sport aircraft would have a maximum stall speed in the landing configuration (V_S0) of 39 knots. This value for a maximum stall speed is a characteristic of low-performance aircraft and would assist in ensuring that light-sport aircraft possess handling characteristics commensurate with the training and experience of sport pilots. It is also consistent with foreign airworthiness standards for similar performance aircraft.

A light-sport aircraft would have a maximum stall speed in the landing configuration without the use of lift-enhancement devices (V_S1) of 44 knots. The FAA selected this value to allow for the use of simple lift-enhancing systems that can result in a 5-knot stall speed decrease. With this limit, if more effective lift-enhancement systems are used on the aircraft, the resulting V_S0 would be lowered further . The FAA recognizes that this limitation, combined with the V_S0 limit, also would limit the maximum speed of the aircraft.

A light-sport aircraft would carry no more than two occupants, including the pilot. This limitation is consistent with the size of the aircraft and the limitations of a sport pilot certificate.

A light-sport aircraft would be limited to a single, non-turbine engine, if powered. The FAA believes that the requirement for no more than one engine keeps the aircraft simple and limits speed. The requirement for a non-turbine engine is intended to limit the engine to a simple-to-operate design, such as a conventional reciprocating engine (including a rotary or diesel engine) and would also permit simple alternatives, such as electric engines.

A light sport aircraft, if powered, would be limited to a fixed or ground-adjustable propeller. The FAA determined that a propeller that could not be adjusted in pitch in flight was necessary to limit the operational complexity of the aircraft and would be consistent with the skills necessary to hold a sport pilot certificate.

The cabin of a light-sport aircraft would be unpressurized. Cabin pressurization systems and the associated pressure vessel are complex to design and manufacture and the systems can be difficult to operate. The FAA determined that the requirement for an unpressurized cabin is consistent with the skills necessary to hold a sport pilot certificate and with the philosophy of light-sport aircraft design and manufacture.

A light-sport aircraft would have fixed landing gear, except that for seaplanes, repositionable landing gear that would allow the wheels to be rotated for amphibious operations would be acceptable. Retractable gear systems are complex to design, manufacture, and maintain, and may be complex to operate in flight. The FAA determined that the requirement for fixed landing gear is consistent with the philosophy of keeping light-sport aircraft design, manufacture, and operation simple. Repositionable gear on a seaplane is of simple design and operation. Accordingly, the FAA has determined that repositionable gear would be consistent with the skills necessary to hold a sport pilot certificate as it is analogous to a ground adjustable pitch propeller.

Definition of "consensus standard"

The FAA is proposing that the light-sport aircraft industry develop and reach a consensus on an airworthiness standard that would govern light-sport aircraft—(1) design and performance, (2) quality assurance system requirements, (3) production acceptance test specifications, and (4) continued operational safety monitoring system characteristics. This standard would be used by the manufacturer of an aircraft intended to be issued a special light-sport airworthiness certificate or of a kit intended for certification as a light-sport aircraft. Consensus standard means, for the purpose of certificating light-sport aircraft, an industry-developed consensus airworthiness standard that addresses these four topics, as described below.

(1) Design and performance. The consensus standard would govern light-sport aircraft design and performance. A suitable standard would identify minimum aircraft flight and ground performance standards, in addition to design practices to prohibit, that would ensure a safe aircraft for the operator. It would also establish flight proficiency training requirements that would be applicable to the particular class of light-sport aircraft. Design and performance standards maintained or recognized by other civil aviation authorities (CAA’s) could be selected or otherwise form the basis for a light-sport aircraft airworthiness standard. Examples of commonly used design and performance standards for conventional fixed-wing airplanes are BCAR section S (Britain), TP10141 (Canada), and JAR-VLA (JAA). The light-sport aircraft industry also may choose to utilize other nationally recognized airworthiness design standards for the consensus standards.

(2) Quality assurance. The consensus standard would govern the necessary quality assurance system requirements used in the manufacture of light-sport aircraft. The standard would establish quality assurance procedures so a manufacturer could attest that individual aircraft produced all meet the same minimum safety standards and are built as intended.

(3) Production acceptance. The consensus standard would govern the necessary characteristics of the production acceptance test specifications used in the manufacture of light-sport aircraft. A suitable standard would identify the required final product acceptance test procedures that ensure a completed product is safe and performs as intended.

(4) Safety monitoring. The consensus standard would govern the characteristics of the manufacturer’s continued operational safety monitoring system. The consensus standard would establish reference system requirements for monitoring and correcting safety-of-flight issues. A suitable standard would include a process by which aircraft owners and operators would be notified of occurrences that are hazards to safety of flight and the appropriate corrective action. A suitable standard would ensure that the manufacturer reviews the operational experience of the fleet and corrects any deficiencies. In addition, it would identify processes that would ensure manufacturers learn about problems experienced on aircraft in service. Safety monitoring also would include processes by which manufacturers evaluate the reported problems for their safety of flight. It would also define the processes by which manufacturers develop repairs and communicate them to operators for problems that are determined to be hazards to flight safety.

A suitable consensus standard would also establish the procedures by which the industry reviews and updates the consensus standards. It would establish procedures to periodically review the standard every two years, and to update the standard when if necessary. Industry may chose to initiate a shorter review period.

Definitions of "powered parachute" and "weight-shift-control aircraft"

This proposal would establish two new kinds of light-sport aircraft–powered parachutes and weight-shift-control aircraft. The aircraft would be controlled by a pilot within a suspended fuselage. The inclusion of a fuselage permits the designer of the aircraft to standardize a design based on structural geometry and engineering principles of flight rather than the individual characteristics of the pilot. The definitions describe the characteristics of powered parachutes and weight-shift-control aircraft as they exist today. While the proposed definitions are not intended to hinder future developments of these aircraft designs, they specifically intend to exclude configurations in which the engine and/or wing is mounted on the person operating the aircraft.

A powered parachute would be defined as powered aircraft that derive their lift from a non-rigid wing that inflates into a lifting surface when exposed to a wind. A powered parachute consists of a non-rigid wing, a suspended fuselage, and an engine that is an integral part of the aircraft.

Weight-shift-control aircraft would be defined as powered aircraft with a framed pivoting wing and a fuselage. The aircraft is controllable only in pitch and roll by the pilot’s ability to change the aircraft’s center of gravity. For these two-axis-control aircraft, the line of action of the thrust and the suspended mass of the fuselage would ensure that a laterally applied control force would result in motion about the roll axis. An aircraft with these characteristics, but with three-axis control (i.e. also controllable about the yaw axis) would not meet the definition of a weight-shift control aircraft.

B. What are the proposed changes to 14 CFR part 21?

Proposed § 21.175 would add light-sport aircraft to the list of special airworthiness certificates in current § 21.175(b).

Proposed § 21.181 would be revised to indicate that a light-sport aircraft airworthiness certificate is effective as long as the aircraft is maintained in accordance with its operating limitations and the aircraft is registered in the United States. The FAA notes that the proposal would not require the maintenance requirements of part 43 to apply to these aircraft.

This section also would be revised to indicate that certificates for experimental and primary category kit-built aircraft would be of unlimited duration, unless the FAA finds good cause to establish a specific period.

Proposed § 21.182 would be revised to require all aircraft issued experimental certificates for the purpose of operating light-sport aircraft to be identified under § 45.11.

Proposed § 21.186 would establish the eligibility requirements for the issuance of a special airworthiness certificate in the light-sport category ["special light-sport aircraft"] and the purposes for which the FAA would issue such a certificate. It would set forth the required contents of a manufacturer’s Statement of Compliance for a light-sport aircraft. It also would set forth requirements for importing light-sport aircraft. Special light-sport aircraft are designed and manufactured without an FAA type or production certificate and are accordingly limited to operating for sport and recreation, flight training, or rental.

Only complete, "ready-to-fly" aircraft would be eligible for special light-sport airworthiness certificates. If there is a change to the consensus standard, all newly manufactured aircraft would have to comply with the changed standard. This would ensure that a new aircraft always meets the latest standard. Changes to a consensus standard would not apply retroactively to previously manufactured aircraft, unless required by the changed standard. Industry may agree to apply a change to the consensus standards retroactively. If a change addresses an unsafe condition, it would need to be handled as a mandatory safety-of-flight action.

Aircraft that would be eligible for this certificate would not need a type or production certificate. However, the proposal would require the aircraft manufacturer to attest that the aircraft design and manufacture complies with a consensus standard. The manufacturer would indicate this on a Statement of Compliance, which would be provided to the original purchaser of the aircraft. The person who will be the registered owner of the aircraft will identify and register these aircraft in accordance with 14 CFR parts 45 and 47.

To maintain eligibility for the special light-sport aircraft airworthiness certificate, the operator would be required to comply with operating limitations under the proposed § 91.327 as part of the aircraft’s airworthiness certificate. The operating limitations would also address the maintenance and inspection requirements, preventive maintenance, as well as flight test programs, operations in various airspace classes, and pilot qualification. This is because these aircraft would not have a type certificate and, therefore, would not be required to be maintained in accordance with 14 CFR part 43. Maintenance and inspection procedures required by the operating limitations would meet the scope and detail of Appendix A to 14 CFR part 43. Similar to part 43, a certificated pilot could perform preventive maintenance.

The operating limitations would also require the operator to accomplish any safety-of-flight actions (maintenance or alterations) that the manufacturer deems necessary for continued operational safety. This is proposed because the aircraft would not be manufactured in accordance with a type design and hence the FAA would not issue Airworthiness Directives. If an operator chooses not to perform this maintenance, the special airworthiness certificate in the light-sport category would no longer be valid; however, the operator may still apply for an experimental certificate for the aircraft. These restrictions on the special light-sport aircraft would provide the higher level of safety required for an aircraft to be used for flight training or rental.

The special airworthiness certification option would be in addition to existing methods of obtaining airworthiness certification. No existing airworthiness certification option would be eliminated or restricted for aircraft that meet the definition of light-sport aircraft. An aircraft that meets the proposed definition of light-sport aircraft is not required to have a special light-sport certificate and may be eligible to hold other airworthiness certificates, provided that it meets the applicable requirements of subpart H of part 21.

Aircraft that otherwise meet the light-sport aircraft criteria that are shown via test to have a higher V_H would not be issued a special airworthiness certificate under the terms of this rule. Such higher performance aircraft currently could be type-certificated in other categories such as normal, primary, or special class (e.g., JAR-VLA); and could be operated by the holder of at least a recreational pilot certificate.

An aircraft would no longer be eligible for the special light-sport certificate if it is altered such that it no longer meets the definition of light-sport aircraft. For example, an alteration to a powered aircraft that results in a V_H greater than 115 kts (e.g., installation of a cruise propeller on an aircraft initially certificated with a climb propeller) would render the aircraft ineligible.

The definition of light-sport aircraft includes gyroplanes; however, gyroplanes would not be issued special airworthiness certificates in the light-sport category under proposed § 21.186. The FAA would issue an experimental, operating light-sport aircraft airworthiness certificate under § 21.191(i)(1) to existing gyroplanes that do not meet part 103 but meet the proposed definition of light-sport aircraft. Because gyroplanes could not be certificated under § 21.186, they would not be eligible for airworthiness certificates under § 21.191(i)(2) and (3). The FAA recognizes that this may limit the number and types of gyroplanes that a sport pilot may fly; however, the FAA notes that a sport pilot may fly a gyroplane that has a standard or special category airworthiness certificate provided the aircraft meets the definition of light-sport aircraft.

The FAA may issue special, light-sport aircraft airworthiness certificates to aircraft manufactured before the effective date of the rule. These aircraft would be required to meet the consensus standard in effect at the time of manufacture. To get the certificate you would have to make application for registration not later than 24 months after the e