4910-13

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Parts 43, 61, 91, and 141**

**\[Docket No. ****FAA-****2007-29015; Notice No. 08-03\]**

**RIN 2120‑AJ10**

**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**

**AGENCY:** Federal Aviation Administration (FAA), DOT.

**ACTION:** Notice of proposed rulemaking (NPRM).

**SUMMARY****:** The FAA proposes to amend its rules for sport pilots
and flight instructors with a sport pilot rating. The FAA believes 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.

**DATES:** Send your comments on or before \[[INSERT DATE 120 DAYS AFTER
DATE OF PUBLICATION IN THE FEDERAL REGISTER]{.underline}\].

**ADDRESSES:** You may send comments identified by docket number FAA
2007-29015 using any of the following methods:

-   [Federal eRulemaking Portal]{.underline}: Go to
    [http://www.regulations.gov](http://www.regulations.gov/) and follow
    the online instructions for sending your comments electronically.

-   [Mail]{.underline}: Send comments to the Docket Management Facility;
    U.S. Department of Transportation, 1200 New Jersey Avenue, SE, West
    Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

-   [Hand Delivery or Courier]{.underline}: Bring comments to the Docket
    Management Facility in Room W12-140 of the West Building Ground
    Floor at 1200 New Jersey Avenue, SE, Washington, DC, between 9 a.m.
    and 5 p.m., Monday through Friday, except Federal holidays.

-   [Fax]{.underline}: Fax comments to the Docket Management Facility at
    202-493-2251.

For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

[Privacy]{.underline}: We will post all comments we receive, without
change, to [http://www.regulations.gov](http://dms.dot.gov/), including
any personal information you provide. Using the search function of our
docket web site, anyone can find and read the electronic form of all
comments received into any of our dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). You may review DOT\'s
complete Privacy Act Statement in the [Federal Register]{.underline}
published on April 11, 2000 (65 FR 19477-78) or you may visit
[http://DocketsInfo.dot.gov](http://dms.dot.gov/).

[Docket]{.underline}: To read background documents or comments received,
go to [http://www.regulations.gov](http://dms.dot.gov/) at any time and
follow the online instructions for accessing the docket. Or, go to the
Docket Management Facility in Room W12-140 of the West Building Ground
Floor at 1200 New Jersey Avenue, SE, Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.

**FOR FURTHER INFORMATION CONTACT:** For technical questions concerning
this proposed rule, contact Larry L. Buchanan, Light‑Sport Aviation
Branch, AFS‑610, Regulatory Support Division, Flight Standards Service,
Federal Aviation Administration, 6500 South MacArthur Blvd, Oklahoma
City, OK 73169; telephone (405) 954‑6400; Mailing address: Light‑Sport
Aviation Branch, AFS‑610; P.O. Box 25082; Oklahoma City, OK 73125.

For legal questions concerning this proposed rule, contact Paul Greer,
Regulations Division, AGC-200, Federal Aviation Administration, 800
Independence Ave., SW, Washington, DC 20591; telephone (202) 267-3073.

**SUPPLEMENTARY INFORMATION:**

###  Later in this preamble under "VI. Additional Information," we discuss how you can comment on this proposal and how we will handle your comments. Included in this discussion is related information about the docket, privacy, and the handling of proprietary or confidential business information. We also discuss how you can get a copy of this proposal and related rulemaking documents.

### Authority for this Rulemaking

The FAA's authority to issue rules on aviation safety is found in Title
49 of the United States Code. Subtitle I, Section 106 describes the
authority of the FAA Administrator, including the authority to issue,
rescind, and revise regulations. Subtitle VII, Aviation Programs,
describes in more detail the scope of the agency's authority.

###  This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Chapter 447---Safety Regulation. Under section 44701, the FAA is charged with promoting safe flight of civil aircraft in air commerce by prescribing regulations necessary for safety. Under section 44703, the FAA issues an airman certificate to an individual when we find, after investigation, that the individual is qualified for, and physically able to perform the duties related to, the position authorized by the certificate. In this NPRM, the FAA is proposing to amend the training, qualification, certification, and operating requirements for sport pilots and flight instructors with a sport pilot rating.

### These changes are intended to ensure that these airmen have the training and qualifications necessary to enable them to operate light-sport aircraft safely. For this reason, the proposed changes are within the scope of the FAA's authority and are a reasonable and necessary exercise of our statutory obligations. 

**Guide to Terms and Acronyms Frequently Used in This Document**

AGL---Above ground level

ATC---Air traffic control

CAS---Calibrated airspeed

DPE---Designated pilot examiner

MSL---Mean sea level

NDPER---National Designated Pilot Examiner Registry

PTS\--Practical Test Standards

VFR---Visual flight rules

V~H~---Maximum airspeed in level flight with maximum continuous power

**Table of Contents**

I. Background

II\. Discussion of the Proposed Regulatory Requirements

A. Overview

B. Discussion of Specific Proposals

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 (V~H~) greater
> than 87 knots calibrated airspeed (CAS) and sport pilots operating
> airplanes with a V~H~ 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 V~H~ less than or equal to 87 knots CAS

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

III\. Paperwork Reduction Act

IV\. International Compatibility

V. Regulatory Notices and Analyses

A. Economic Assessment

B. Regulatory Flexibility Determination

C. International Trade Impact Assessment

D. Unfunded Mandates Assessment

E. Executive Order 13132, Federalism

F. Environmental Analysis

G. Regulations That Significantly Affect Energy Supply, Distribution, or
Use

VI\. Additional information

**I. Background**

On July 27, 2004, the FAA issued the "Certification of Aircraft and
Airmen for the Operation of Light‑Sport Aircraft" final rule (69 FR
44772). That rule established the certification and qualification
requirements for sport pilots and flight instructors with a sport pilot
rating in part 61. The rule also established requirements for the
certification, operation, maintenance, and manufacture of light-sport
aircraft. Since the adoption of that rule, the FAA has been evaluating
the process for certificating pilots and flight instructors conducting
operations in light‑sport aircraft and has determined that changes to
these certification requirements are necessary to align the
certification requirements for sport pilots and flight instructors with
a sport pilot rating with those requirements currently applicable to
other airmen certificates and to better serve the sport pilot and
light-sport aircraft community. Through experience gained by the FAA
inspector workforce and information provided by organizations and
individual aircraft owners in the light-sport community, the agency
believes it has a critical understanding of where the 2004 rule may not
adequately reflect the needs of the flying community or may not provide
sufficient regulatory oversight.

II\. Discussion of the Proposed Regulatory Requirements

II\. A. Overview

As stated in the preamble of the 2004 final rule, the FAA adopted the
regulations "to allow individuals to experience sport and recreational
aviation in a manner that is safe for the intended operations, but not
overly burdensome" (69 FR 44774; July 27, 2004). The FAA remains
committed to this philosophy.

Since the implementation of the 2004 final rule, the FAA's Light-Sport
Aviation Branch inspector workforce has had informal discussions with
organizations and individuals in the light-sport community about the
rule's effectiveness. As a result of these discussions, and through
experience gained in administering the 2004 final rule, the FAA has
reviewed the current regulations and believes that some provisions are
unnecessary or redundant and should be modified. The agency has
identified a number of areas where it believes it can provide relief to
the light-sport community without compromising safety. These include---

-   Removing all requirements applicable to "sets of aircraft," to
    include all requirements for specific endorsements to operate an
    aircraft within a particular set of aircraft;

-   Removing the requirement for all sport pilot flight instructors to
    log at least 5 hours of flight time in a particular make and model
    of light-sport aircraft before providing training in the same set of
    aircraft;

-   Eliminating the current requirement for flight training at an
    airport with an operating control tower to be in a powered parachute
    or weight-shift-control aircraft for those persons seeking
    privileges to operate those aircraft;

-   Eliminating the requirement for sport pilots to be trained in the
    use of radios for VFR navigation and communication when the aircraft
    intended to be used by the pilot is not equipped with such
    instruments;

-   Lowering of the amount of hours of flight training that an applicant
    for a sport pilot certificate must log within 60 days prior to
    taking the practical test;

-   Eliminating provisions that would require a person exercising sport
    pilot privileges and flight instructors with a sport rating to carry
    his or her logbook while in flight;

-   Permitting a person exercising sport pilot privileges to fly above
    10,000 feet MSL when that altitude is less than 2,000 feet above the
    surface and proposing less restrictive requirements for the
    operation of powered parachutes and weight-shift-control aircraft in
    other than congested areas;

-   Permitting private pilots to receive compensation for production
    flight testing of powered parachutes or weight-shift- control
    aircraft;

-   Removing the current requirement for experimental aircraft
    certificated 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; and

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

In addition, the FAA's inspector workforce has observed an apparent lack
of standardization in the administration of practical tests leading to
the issuance of category and class privileges for sport pilot
applicants. This lack of standardization has resulted in the FAA's
experiencing difficulties in obtaining documentation that those
practical tests were successfully completed. When documentation that a
person has been awarded privileges to operate a specific category and
class of aircraft is not on file with the FAA, it may be difficult for
that person to demonstrate that those privileges have been awarded,
especially if that person's logbook is lost, destroyed, or unavailable.
The agency, therefore, is proposing to---

-   Replace sport pilot privileges with aircraft category and class
    ratings on all pilot certificates;

-   Replace flight instructor privileges with aircraft category ratings
    on all flight instructor certificates; and

-   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.

By placing privileges to operate a category and class of aircraft as a
rating on a person's sport pilot certificate, the FAA would provide
sport pilots with enhanced recognition of their skills and better
integrate them into the wider aviation community. This action may not
only facilitate further growth in the light-sport industry but may also
lead to broader international recognition of these certificates.

Lastly, after review of the current regulations, the FAA is proposing
the following changes, which the agency believes are necessary to
enhance safety\--

-   Require one hour of flight training on the control and maneuvering
    of an aircraft solely by reference to instruments for sport pilots
    operating airplanes with a V~H~ greater than 87 knots CAS and also
    for student pilots seeking a sport pilot certificate to operate an
    airplane with a V~H~ greater than 87 knots CAS because operators of
    these aircraft are more likely to encounter instrument
    meteorological conditions than operators of other categories of
    aircraft;

-   Require a specific endorsement for sport pilots and student pilots
    seeking a sport pilot certificate for the operation of a powered
    parachute with an elliptical wing and for an aircraft with a V~H~
    less than or equal to 87 knots CAS in order to retain current safety
    requirements that would be deleted if the FAA adopts the proposal to
    remove the requirement that persons exercising sport pilot
    privileges have an aircraft make-and-model endorsement to operate a
    specific set of aircraft; and

-   Require that aircraft owners/operators retain a record of the
    current status of applicable safety directives for special
    light-sport aircraft, which, upon further consideration, the FAA
    believes would close a gap in the 2004 rule.

These and other proposed amendments are discussed in further detail
below.

The FAA notes that some sections the FAA is proposing to be amended in
this NPRM were also proposed to be amended in a separate rulemaking
action, "Pilot, Flight Instructor, and Pilot School Certification,"
published in the [Federal Register]{.underline} on February 7, 2007.
That February 7, 2007, NPRM, however, did not address sport pilot
issues. The specific sections proposed to be revised by this NPRM may
therefore be further revised in the final rule if the amendments
proposed by the February 7, 2007 rulemaking action become final prior to
the proposals contained in this NPRM.

[II.B. Discussion of Specific Proposals]{.underline}

This proposed rule would\--

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 V~H~
greater than 87 knots CAS and sport pilots operating airplanes with a
V~H~ 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 specific regulatory provisions for
endorsements for the operation of powered parachutes with elliptical
wings and aircraft with a V~H~ less than or equal to 87 knots CAS.

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 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.

*II.B.1. Replace sport pilot privileges with aircraft category and class
ratings on all pilot certificates (§§61.1, 61.3, 61.5, 61.7, 61.23,
61.31, 61.51, 61.52, 61.63, 61.87, 61.303, 61.309, 61.311, 61.313,
61.317, and 61.321)*

Currently, to obtain additional aircraft category and class privileges
at the sport pilot level, the holder of a pilot certificate must
complete a proficiency check administered by an authorized instructor.
Upon successful completion of that proficiency check, that person
receives a logbook endorsement from the instructor who administered the
proficiency check. That endorsement permits the person completing the
proficiency check to exercise sport pilot privileges in the category and
class of aircraft in which the proficiency check was administered.

Consistent with the FAA's system for issuing all other pilot
certificates and ratings, the FAA is proposing to require a person
seeking privileges to operate an additional category and class of
light-sport aircraft as a sport pilot to obtain the appropriate category
and class rating. These ratings would be issued after the completion of
a practical test typically administered by an FAA-designated pilot
examiner (DPE). The practice of obtaining privileges to operate a
light-sport aircraft after completion of a proficiency check by an
authorized instructor would be discontinued. Privileges to operate
light-sport aircraft would be indicated as ratings on a person's pilot
certificate rather than by an endorsement in a person's logbook.

As a result of experience gained in administering the July 2004 final
rule, the FAA recognizes that authorized instructors are generally not
trained to administer tests leading to the issuance of certificate
privileges, and that the FAA does not have procedures in place (such as
those used for DPEs) to oversee that activity. Currently, authorized
instructors are not required to receive training in the administration
of proficiency checks or practical tests; however, DPEs tasked with
administering practical tests normally complete a course consisting of
40 hours of initial training prior to receiving their designation as
pilot examiners. These examiners are directly supervised by an aviation
safety inspector and must complete recurrent training consisting of a
10-hour online course and 4 hours of individual training in addition to
completing a flight evaluation from an aviation safety inspector every
year prior to renewal of their designation. A DPE's designation can be
terminated if the FAA determines that person cannot administer a
practical test in accordance with the Practical Test Standards (PTS).

Under the current system of administering proficiency checks, authorized
instructors are not directly supervised by any FAA personnel. The FAA
cannot (absent certificate action) restrict the ability of an authorized
instructor to administer a proficiency check leading to the issuance of
additional sport pilot privileges, even if the performance of the
authorized instructor in administering proficiency checks is
substandard. Additionally, the FAA is experiencing difficulties in
obtaining documentation from authorized instructors indicating that
proficiency checks have been successfully completed. These difficulties
significantly hinder the ability of a person to demonstrate that
privileges to operate a specific category and class of aircraft have
been awarded if that person's logbook containing the appropriate
endorsements for the operation of that category and class of aircraft is
lost, destroyed, or otherwise unavailable.

Issuance of sport pilot certificates with category and class ratings
would conform to the procedures for the issuance of other pilot
certificates and standardizes the manner in which additional privileges
are granted. The proposal would place no additional burden on current
holders of sport pilot (or other) certificates with category and class
privileges obtained through instructor endorsements, provided that the
FAA has a record of those endorsements. To facilitate compliance with
the rule, the FAA would reissue pilot certificates with the category and
class ratings corresponding to the privileges previously granted through
instructor endorsements. Persons receiving these certificates would have
to take no action to accomplish the exchange of their pilot
certificates.

If the FAA does not have a record that a pilot has been granted
privileges through an instructor endorsement, that pilot would have to
complete an airman certificate and/or rating application (FAA Form
8710-11) and present it, along with evidence of the endorsement, to a
designated pilot examiner or FAA inspector, and the FAA would then issue
that person a certificate with corresponding category and class ratings.
For some individuals, this may result in travel time and transportation
cost if there is no closely located DPE or Flight Standards District
Office (FSDO). Persons intending to exercise the privileges of their
current pilot certificates granted through an endorsement would be
required to obtain a new pilot certificate with corresponding category
and class ratings within 2 years of the effective date of the final
rule.

In addition, the PTS for the sport pilot certificate would not be
revised to introduce any requirements as a result of this proposed
change. The proposal would place no burden on current holders of these
certificates, as the FAA would adopt a procedure for certificate
replacement.

*II.B.2. Replace sport pilot flight instructor privileges with aircraft
category ratings on all flight instructor certificates (§§61.181,
61.183, 61.185, 61.187, 61.191, 61.195, and part 61 subpart K )*

For reasons similar to those discussed immediately above, the FAA is
proposing to require a person holding a flight instructor certificate
with a sport pilot rating to obtain sport pilot instructor ratings
indicating appropriate category and class privileges. These new ratings
would be specifically listed on that person's flight instructor
certificate. This change would also apply to flight instructors with
other than a sport pilot rating who have privileges to provide
instruction in light-sport aircraft obtained through an instructor
endorsement. Currently, for a flight instructor to obtain privileges to
provide instruction leading to the issuance of a sport pilot certificate
in an additional category or class of light-sport aircraft, or to the
issuance of a private pilot certificate in a powered parachute or a
weight-shift-control aircraft, the holder of that certificate must
complete a proficiency check administered by an authorized instructor.
Upon successful completion of that proficiency check, that person
receives a logbook endorsement from the instructor who administered the
proficiency check. That endorsement permits the person completing the
proficiency check to provide instruction as a flight instructor with a
sport pilot rating in the category and class of aircraft in which the
proficiency check was administered.

Consistent with the FAA's system for issuing ratings for other flight
instructor certificates, the FAA proposes that a flight instructor
seeking to provide training to operate an additional category and class
of a light-sport aircraft obtain appropriate category and class ratings.
Those ratings would be specifically listed on that person's flight
instructor certificate. These ratings would be issued after the
completion of a practical test administered by a DPE. The practice of
obtaining privileges to provide training in a light-sport aircraft after
completion of a proficiency check by an authorized instructor would be
discontinued. Privileges to provide training in these light-sport
aircraft would be indicated as ratings on that person's flight
instructor certificate rather than as an endorsement in that person's
logbook.

As stated in II.B.1., authorized instructors are neither trained to
administer tests leading to the issuance of certificate privileges nor
directly supervised by FAA personnel. The FAA is also experiencing
difficulties in obtaining documentation from authorized instructors when
administering proficiency checks to flight instructors seeking
additional privileges.

Issuance of flight instructor certificates with sport pilot category and
class ratings would generally conform to the procedures for the issuance
of other ratings on the flight instructor certificate and standardize
the manner in which additional flight instructor privileges are granted.
The proposal would place no additional burden on current holders of
flight instructor certificates with a sport pilot rating or other
instructors with flight instructor privileges issued through an
instructor endorsement, provided that the FAA has a record of these
endorsements. To facilitate compliance with the rule, the FAA would
reissue flight instructor certificates with the category and class
ratings corresponding to the privileges previously granted through
instructor endorsements. This action would occur at the time the flight
instructor applies for renewal or reinstatement of his or her flight
instructor certificate, which may occur as much as 27 calendar months
after the effective date of the rule. If the FAA does not have a record
that a flight instructor with a sport pilot rating has been granted
privileges through an instructor endorsement, that flight instructor
would have to complete an airman certificate and/or rating application
(FAA Form 8710-11) and present it, along with evidence of the
endorsement, to a designated pilot examiner or FAA inspector. The FAA
would then issue that person a flight instructor certificate with
corresponding sport pilot category and class ratings. For some
individuals, this may result in travel time and transportation cost if
there is no closely located DPE or FSDO.

To limit the burden placed on future applicants for a flight instructor
certificate with a sport pilot rating, the FAA would retain the
provisions of current §61.419, which do not require an applicant who
seeks to obtain privileges to provide training in an additional category
or class of light-sport aircraft to take an additional knowledge test.
These provisions would be codified in proposed §61.191 (c), which would
not require a person who applies for an additional sport pilot rating on
a flight instructor certificate to pass a knowledge test on the areas
listed in proposed §61.185 (a)(2)(ii).

*II.B.3. Remove current provisions for the conduct of proficiency checks
by authorized flight instructors and include provisions for the issuance
of category and class ratings by designated pilot examiners (§61.413)*

At this time, flight instructors with a sport pilot rating may perform
proficiency checks leading to the issuance of privileges equivalent to
those of ratings. These checks are performed without any additional
training, and the FAA has observed that there is little standardization
in the administration of these checks and the completion of the
documentation necessary for the issuance of additional sport pilot
privileges. Flight instructors receive no training in the administration
of proficiency checks and their actions in conducting these tests are
not supervised or reviewed by the FAA.

To correct these deficiencies, the FAA is proposing to remove §61.413
(i) to no longer permit flight instructors to administer proficiency
checks leading to the issuance of sport pilot privileges. Privileges
currently obtained in this manner would be replaced with privileges
obtained through the issuance of a rating issued by a DPE specifically
trained to administer practical tests.

*II.B.4. Place all requirements for flight instructors under a single
subpart (subpart H) of part 61 (Part 61 subpart H heading, §§61.5,
61.181, 61.183, 61.185, 61.186, 61.187, 61.189, 61.191, 61.193, 61.195,
61.197, 61.199, and §§61.401 through 61.431)*

The FAA is proposing to move the requirements for flight instructors
with a sport pilot rating currently found in part 61 subpart K (§§61.401
through 61.431) to current part 61 subpart H. All flight instructor
requirements would be located in one subpart. This action would
standardize certification requirements for all flight instructors. The
FAA recognizes that many of the requirements contained in subpart K for
flight instructors with a sport pilot rating are identical to those
contained in subpart H for flight instructors with other ratings. If the
proposed changes for flight instructors currently certificated under
subpart K are adopted, the privileges and limitations of those flight
instructors and the methods by which they are certificated would be so
similar to those of flight instructors currently certificated under
subpart H that separate subparts for the certification of all flight
instructors would no longer be necessary. The FAA believes that
eliminating redundancies caused by the retention of two separate
subparts would clarify requirements applicable to all flight
instructors. This change would significantly reduce confusion
experienced by the flight instructor community, especially among those
flight instructors currently certificated under subpart H who intend to
provide training to persons seeking sport pilot certificates. In
addition, the change would provide all flight instructors with a single
source of information for their certification requirements and the
privileges and limitations applicable to their certificates.

The following table shows the proposed relocation of the subpart K
requirements to subpart H.

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

  Subpart heading---Removed           Subpart heading revised

  §61.401 What is the purpose of this §61.181 Applicability
  subpart?                            

  §61.403 What are the age, language, §61.183 Eligibility requirements
  and pilot certificate requirements  
  for a flight instructor certificate 
  with a sport pilot rating?          

  §61.405 What tests do I have to     §61.183 (f) Eligibility
  take to obtain a flight instructor  requirements
  certificate with a sport pilot      
  rating?                             

  §61.407 What aeronautical knowledge §61.185 Aeronautical knowledge
  must I have to apply for a flight   
  instructor certificate with a sport 
  pilot rating?                       

  §61.409 What flight proficiency     §61.187 Flight proficiency
  requirements must I meet to apply   
  for a flight instructor certificate 
  with a sport pilot rating?          

  §61.411 What aeronautical           §61.186 Aeronautical experience
  experience must I have to apply for requirements for persons applying
  a flight instructor certificate     for a flight instructor certificate
  with a sport pilot rating?          with a sport pilot rating

  §61.413 What are the privileges of  §61.193 Flight instructor
  my flight instructor certificate    privileges
  with a sport pilot rating?          

  §61.415 What are the limits of my   §61.195 Flight instructor
  flight instructor certificate with  limitations and qualifications
  a sport pilot rating?               

  §61.417 Will my flight instructor   §61.5 Certificates and ratings
  certificate with a sport pilot      issued under this part
  rating list aircraft category and   
  class ratings?                      

  §61.419 How do I obtain privileges  §61.191 Additional flight
  to provide training in an           instructor ratings
  additional category or class of     
  light-sport aircraft?               

  §61.421 May I give myself an        §61.195 Flight instructor
  endorsement?                        limitations and qualifications

  §61.423 What are the recordkeeping  §61.189 Flight instructor records
  requirements for a flight           
  instructor certificate with a sport 
  pilot rating?                       

  §61.425 How do I renew my flight    §61.197 Renewal of flight
  instructor certificate?             instructor certificates.

  §61.427 What must I do if my flight §61.199 Expired flight instructor
  instructor certificate with a sport certificates and ratings
  pilot rating expires?               

  §61.429 May I exercise the          §§61.189 Flight instructor records,
  privileges of a flight instructor   61.193 Flight instructor
  certificate with a sport pilot      privileges, and 61.195 Flight
  rating if I hold a flight           instructor limitations and
  instructor certificate with another qualifications
  rating?                             

  §61.431 Are there special           Removed
  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?                       
  ----------------------------------- -----------------------------------

*II.B.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 V~H~ greater than 87 knots CAS and sport pilots operating
airplanes with a V~H~ greater than 87 knots CAS (§§61.89, 61.93, and
61.327)*

Current regulations require student pilots seeking a sport pilot
certificate to receive and log flight training in the control and
maneuvering of an aircraft solely by reference to flight instruments.
This training must be received before conducting a solo cross-country
flight or any flight greater than 25 nautical miles from the airport
from where the flight originated. It also must be received prior to
making a solo flight and landing at any location other than the airport
of origination. These requirements are detailed in §61.93 and are
applicable to persons seeking a student pilot certificate to operate any
category and class of aircraft. That section, however, does not specify
any minimum flight training time to meet these requirements. In
addition, current regulations for the issuance of a sport pilot
certificate do not require an applicant to receive flight training on
the control and maneuvering of any aircraft solely by reference to
instruments.

The FAA is concerned that persons exercising student or sport pilot
privileges in airplanes with a maximum airspeed in level flight with
maximum continuous power (V~H~) greater than 87 knots calibrated
airspeed (CAS) may inadvertently encounter conditions less than those
specified for VFR operations due to their greater speed and range.
Operators of these aircraft are more likely to encounter instrument
meteorological conditions than operators of other categories of
aircraft. In order to enhance the ability of these pilots to
appropriately react to the possibility of encountering instrument
meteorological conditions and the potential consequences of attempting
continued visual flight rule (VFR) flight in instrument meteorological
conditions, the FAA is proposing to require persons operating an
airplane with a V~H~ greater than 87 knots CAS to receive and log 1 hour
of flight training on the control and maneuvering of an aircraft solely
by reference to instruments.

The FAA recognizes that persons may currently be authorized to operate
aircraft with a V~H~ greater than 87 knots CAS. To provide those persons
with a reasonable period of time to obtain this training, the agency is
proposing that the training be completed by 1 year after the effective
date of the final rule. This training would include straight and level
flight, climbs and descents, turns to a heading, and recovery from
unusual flight attitudes. Due to the slower speeds and limited
capabilities of categories and classes of aircraft other than airplanes,
the FAA is not proposing that this requirement be extended to operators
of those categories and classes of aircraft and airplanes with a V~H~
less than or equal to 87 knots CAS. The FAA notes that for training to
be conducted solely by reference to instruments in visual meteorological
conditions, it must be conducted with a view-limiting device.

*II.B.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 (§61.51)*

The FAA is proposing to remove the requirements in §61.51 (i)(3) and
(i)(5) for persons exercising sport pilot privileges and flight
instructors with a sport pilot rating to carry their logbooks while in
flight. Because the FAA is proposing to issue category and class ratings
for sport pilots, the requirement for a sport pilot to carry a logbook
or other evidence of required authorized instructor endorsements would
no longer be necessary. Similarly, because the FAA is also proposing to
issue sport pilot ratings for flight instructors, the requirement for a
flight instructor to carry a logbook or other evidence of required
endorsements would no longer be necessary.

All pilots and flight instructors are required to have their
certificates in their physical possession or readily accessible in the
aircraft when exercising the privileges of that certificate. Because
ratings are listed on pilot and flight instructor certificates, the
proposal, if adopted, would enable the FAA to determine that a pilot or
flight instructor was properly rated to operate or provide instruction
in an aircraft without the need to examine that person's logbook or
other documentation. Any additional endorsements required for a person
to exercise sport pilot privileges need not be in that person's physical
possession or readily accessible in the aircraft; however, a person must
present those required records for inspection upon a reasonable request,
as required by §61.51 (i).

Because all pilots and flight instructors will not have certificates
reflecting the new ratings until 27 months after the effective date of
the proposed provisions, the FAA would not implement the provisions of
this section until after that time.

*II.B.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 specific regulatory provisions for
endorsements for the operation of powered parachutes with elliptical
wings and aircraft with a V~H~ less than or equal to 87 knots CAS
(§§61.315, 61.319, 61.324, and 61.327)*

To operate any aircraft within a set of aircraft, a person exercising
sport pilot privileges must have a logbook endorsement from an
authorized flight instructor for a specific category, class, and make
and model of aircraft within that set of light-sport aircraft. This
requirement is specified in current §61.319, and the procedure for
obtaining the endorsement is found in §61.323. At the time the rules
were adopted, the FAA believed that grouping makes and models of
light-sport aircraft that have similar performance and operating
characteristics as a set of aircraft was an effective means to permit
persons exercising sport pilot privileges to operate any aircraft within
that set once an endorsement to operate any aircraft within that set had
been received.

In implementing the 2004 final rule, the FAA developed standards for
defining and establishing sets of aircraft. Sets of aircraft were
developed for airplanes, weight-shift-control aircraft, powered
parachutes, gyroplanes, and lighter-than-air aircraft. Airplanes, for
example, were grouped into eight specific sets, with four specific sets
for airplanes with a V~H~ less than or equal to 87 knots (tricycle gear,
tailwheel, ski-equipped, and float-equipped), and four identical sets
for airplanes with a V~H~ greater than 87 knots. The FAA has used this
concept of grouping aircraft having similar operating characteristics
successfully in the National Designated Pilot Examiner Registry (NDPER)
program for training and checking pilots operating warbirds and other
vintage aircraft. The FAA believed that incorporating a requirement for
a specific endorsement based on a set of aircraft would ensure that any
person exercising sport pilot privileges would receive additional flight
training appropriate to the aircraft in which operations would be
conducted.

When the various sets of aircraft were being developed to implement the
2004 rule, the FAA required specific endorsements for a person to
operate an aircraft within a set. For example, for a sport pilot to
operate a powered parachute with an elliptical wing or an aircraft with
a V~H~ at or below 87 knots, that person must obtain a make-and-model
endorsement for that set of aircraft. In addition, a specific
endorsement is currently required to operate aircraft with a V~H~
greater than 87 knots. A specific endorsement is also required to
operate an aircraft equipped with a tailwheel. A proficiency check also
is required to operate an airplane---single-engine land or
airplane---single-engine sea. Due to the duplicative nature of currently
required endorsements and proficiency checks, the FAA has determined
that a specific requirement for a make-and-model endorsement to operate
any aircraft within a set of aircraft is redundant, and that safety
concerns can be adequately addressed using existing endorsements and the
additional endorsements set forth in this NPRM.

The FAA is therefore proposing to add §61.315 (c)(20) to specify that
the holder of a sport pilot certificate with a powered parachute rating
may not act as pilot in command of a light-sport aircraft that is a
powered parachute with an elliptical wing unless that holder has met the
endorsement requirements proposed in §61.324. Additionally, the FAA is
also proposing to revise §61.315 (c)(14) to require the holder of a
sport pilot certificate with any category and class rating to meet the
endorsement requirements proposed in §61.327. That section would require
the holder of a sport pilot certificate seeking to operate a light-sport
aircraft that has a V~H~ less than or equal to 87 knots CAS to receive
and log ground and flight training from an authorized instructor. A
person receiving that training would also be required to receive a
logbook endorsement from the authorized instructor who provided that
training certifying that he or she is proficient in the operation of
those aircraft. The current endorsement to operate a light-sport
aircraft with a V~H~ greater than 87 knots CAS would be retained.

The FAA believes that deleting the requirement for set-of-aircraft
endorsements while having specific regulatory provisions for sport
pilots to obtain endorsements to operate powered parachutes with an
elliptical wing, aircraft with a V~H~ less than or equal to 87 knots
CAS, and aircraft with a V~H~ greater than 87 knots CAS would eliminate
redundant endorsement requirements and provide a level of safety
equivalent to that found in the current regulation. The FAA recognizes
that pilots may currently be authorized to operate powered parachutes
with an elliptical wing and aircraft with a V~H~ less than or equal to
87 knots without the endorsements specified in the proposal. The
proposal would not require persons with pilot-in-command time in these
aircraft prior to the effective date of the final rule to obtain these
endorsements.

*II.B.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 in which
that training is given (§61.415)*

The FAA is proposing to eliminate the requirement in §61.415 (e) for
flight instructors exercising the privileges of a sport pilot rating to
have logged 5 hours of flight time in order to provide flight
instruction in a make and model aircraft within a specific set of
aircraft. The FAA has determined that the aeronautical experience
requirements for the issuance of a flight instructor certificate with a
sport pilot rating and the endorsements necessary to exercise those
privileges are sufficient for an instructor to safely provide flight
instruction in any aircraft for which that instructor has privileges. If
an appropriately rated flight instructor has the required endorsements
to operate a specific aircraft, the FAA believes that an additional
requirement to obtain 5 hours of aeronautical experience imposes an
unnecessary burden on the flight instructor and should not be required
to safely provide instruction in that aircraft. The requirement for a
flight instructor to log additional aeronautical experience based on the
specific set of aircraft in which the person intends to provide
instruction would also no longer be necessary if the proposal to
eliminate the requirement in §61.319 for a person exercising sport pilot
privileges to have a make and model endorsement to operate any aircraft
within a specific set of aircraft is adopted.

*II.B.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 MSL or 2,000 feet AGL,
whichever is higher (§§61.89 and 61.315)*

Section 61.89 describes the general limitations for student pilots.
Paragraph (c)(3) of that section states that a student pilot seeking a
sport pilot certificate may not act as pilot in command of an aircraft
at an altitude of more than 10,000 feet mean sea level (MSL). Section
61.315 (c)(11) places the same limitation on sport pilots. The FAA is
proposing to revise §§61.89 (c)(3) and 61.315 (c)(11) by adding the
words "or 2,000 feet AGL \[above ground level\], whichever is higher."
This revision would allow sport pilots and student pilots seeking a
sport pilot certificate to operate in mountainous areas higher than
10,000 feet MSL when such operations are less than 2,000 feet AGL. The
FAA believes that the current regulations unnecessarily burden sport
pilots and students seeking sport pilot certificates who operate
light-sport aircraft in areas of high elevation. These operations can be
performed safely because student pilots seeking a sport pilot
certificate and sport pilots are currently trained in proper preflight
preparation procedures, which include training in aeromedical factors,
such as the effects of hypoxia. In addition, these pilots receive
training in reduced aircraft performance at high-density altitudes and
in the effect of operations at higher altitudes. These pilots are
required to demonstrate knowledge of these factors during the practical
test.

Additionally, many of the new light-sport aircraft are capable of
operating above 10,000 feet MSL. By providing sport pilots with the
ability to better utilize the capabilities of these aircraft and operate
at higher altitudes in mountainous terrain, the proposed revision should
assist in reducing the risks associated with mountain flying. By
restricting operations above 10,000 feet MSL to no more than 2,000 feet
AGL, sport pilots operating light-sport aircraft should not impose a
hazard to high-performance aircraft that routinely operate at higher
altitudes.

*II.B.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 in §21.190
(§61.113)*

The FAA is proposing to add §61.113 (h) to allow a private pilot to act
as pilot in command for compensation or hire when conducting a
production flight test in a powered parachute or a weight-shift-control
aircraft intended for certification in the light-sport category under
§21.190.

The 2004 final rule created two new categories of aircraft--- powered
parachutes and weight-shift-control aircraft. The final rule also
permitted the manufacture of these aircraft for certification in the
light-sport category under §21.190. During the manufacturing process,
these aircraft must undergo a production flight test. For other
categories of aircraft, these production flight tests are carried out by
persons with at least a commercial pilot certificate who can receive
compensation for the conduct of this activity. The final rule, however,
did not create ratings at the commercial pilot level for these two new
categories of aircraft. Since private pilots under the current rule
cannot receive compensation when conducting production flight tests, the
regulations currently do not provide a means for a pilot conducting
production flight tests of powered parachutes or weight-shift-control
aircraft to be compensated for that activity. The FAA recognizes both
the need for production flight tests of these aircraft and the fact that
persons conducting these flight tests may be compensated. The proposal
therefore would provide a means for appropriately rated pilots with
sufficient experience to conduct these flight tests for compensation or
hire. The FAA maintains that these operations should be conducted by a
person who holds at least a private pilot certificate with the
appropriate category and class rating. As reflected in current operating
limitations for special light-sport aircraft, the FAA believes that
pilots conducting a production flight test should have a minimum of 100
hours pilot-in-command time in the same category of aircraft as that
undergoing a production flight test.

The provisions of this rule would only apply to powered parachutes and
weight-shift-control aircraft intended for certification under §21.190.
It would not permit private pilots to be compensated for conducting test
flights of other aircraft that are not intended for certification under
§21.190 (e.g., experimental amateur-built aircraft that meet the
definition of "light-sport aircraft" or aircraft intended for
certification as experimental light-sport aircraft under §21.191 (i)).

*II.B.11. Revise student sport pilot solo cross-country navigation and
communication flight training requirements (§61.93)*

The FAA is proposing to amend §61.93 (e)(9), (e)(12), (h)(9), (k)(9),
and (k)(11) regarding maneuvers and procedures for cross-country flight
training in a single-engine airplane, a gyroplane, and an airship. The
amendment would except student pilots seeking a sport pilot certificate
from the requirement to receive and log flight training on the use of
radios for VFR navigation and two-way communications, unless this
equipment is installed in the aircraft used for the solo cross-country
flight. In addition, the amendment would except student pilots seeking a
sport pilot certificate from the requirement to receive and log flight
training on control and maneuvering solely by reference to flight
instruments, unless operating an airplane with a V~H~ greater than 87
knots CAS. Since sport pilots are not required to be trained in the use
of radios for VFR navigation, two-way communications, and flight by
reference to instruments, the FAA has determined that student pilots
seeking a sport pilot certificate should not be required to receive
training in those maneuvers and procedures unless operating an airplane
with a V~H~ greater than 87 knots CAS.

*II.B.12. Clarify cross-country distance requirements for private pilots
seeking to operate weight-shift-control aircraft (§61.109)*

Currently §61.109 (j)(2)(i) specifies that a person applying for a
private pilot certificate with a weight-shift-control rating must log
"one cross-country flight over 75 nautical miles total distance" at
night with an authorized instructor. Although paragraph (j)(2)(i) uses
the term "cross-country flight," persons applying for this rating
frequently have overlooked the provisions of §61.1 (b)(3)(ii)(B), which
states that for purposes of meeting the aeronautical experience
requirements for a private pilot certificate with a weight-shift-control
rating, cross-country time includes a point of landing at least a
straight-line distance of more than 50 nautical miles from the original
point of departure. To ensure that persons applying for a private pilot
certificate with a weight-shift-control rating complete a cross-country
flight that meets the requirements of both §§61.1 and 61.109 (j), the
FAA is proposing to add language in §61.109 (j), consistent with §61.1,
to indicate that the cross-country flight must include a point of
landing that is a straight-line distance of more than 50 nautical miles
from the original point of departure. The proposal merely clarifies the
existing regulation and would not add any new requirement.

*II.B.13. Revise the aeronautical experience requirements at towered
airports for persons seeking to operate a powered parachute or
weight-shift-control aircraft as a private pilot (§61.109)*

The FAA is proposing to revise the aeronautical experience requirements
for a private pilot certificate with a powered parachute rating in
§61.109 (i)(4)(ii) and for a weight-shift-control aircraft rating in
§61.109 (j)(4)(iii). These paragraphs currently state that training for
powered parachute and weight-shift control aircraft ratings must include
at least 3 takeoffs and landings (with each landing involving a flight
in a traffic pattern) at an airport with an operating control tower.
These paragraphs also require that the takeoffs and landings be
performed in the specific category of aircraft for which a rating is
sought while in solo flight. The FAA is proposing to permit these
takeoffs and landings to be performed in any category of aircraft and in
either solo or dual flight.

Currently, many persons seeking to obtain ratings in powered parachutes
or weight-shift-control aircraft experience difficulty in conducting
operations at tower-controlled airports. These aircraft frequently
experience difficulty operating in the traffic pattern with other
categories and classes of aircraft due to their slower speeds, flight
characteristics, and operating limitations. This proposal would allow
persons seeking these ratings to conduct operations at tower-controlled
airports without the burden of having to conduct these operations in a
powered parachute or weight-shift-control aircraft while in solo flight.
This proposal would provide applicants with additional flexibility in
obtaining the aeronautical experience necessary to conduct operations at
tower-controlled airports. An applicant would not only be permitted to
obtain the necessary aeronautical experience in the category of aircraft
for which a rating is sought while in solo flight, but also in dual
flight in any category of aircraft.

*II.B.14. Remove the requirement for pilots with only powered parachute
and weight-shift-control aircraft ratings to take a knowledge test for
an additional rating at the same certificate level (§61.63)*

The FAA is proposing to amend §61.63 (b)(5) and (c)(5) to permit persons
who hold powered parachute and weight-shift-control aircraft category
ratings to apply for a pilot certificate with an additional category or
class rating without taking an additional knowledge test. Knowledge
tests for applicants for category or class ratings for powered aircraft
at the same certificate level address identical aeronautical knowledge
areas. Persons who hold a category rating for a powered aircraft (other
than powered parachutes and weight-shift-control aircraft) are not
currently required to take a knowledge test when applying for an
additional category or class rating for a powered aircraft at their
certificate level.

The 2004 final rule created two additional categories and classes of
powered aircraft. In that rule, applicants who hold category ratings for
powered parachutes or weight-shift-control aircraft seeking additional
category and class ratings were not provided the same relief as that
provided to persons who hold category and class ratings for other
powered aircraft. The FAA is therefore proposing to amend §61.63 to
provide applicants who hold category ratings for powered parachutes or
weight-shift-control aircraft with this relief.

*II.B.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 (*§*61.313)*

Current §61.313 requires an applicant for a sport pilot certificate to
log at least "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." In developing the aeronautical experience
requirements for the issuance of the sport pilot certificate, the FAA
based this requirement on the corresponding aeronautical experience
requirements for the issuance of higher-level pilot certificates. Those
certificates, however, require applicants to log more flight time than
is required for the issuance of a sport pilot certificate and to prepare
for testing on a higher number of tasks. Due to the lower number of
hours required for a person to apply for a sport pilot certificate and
the lower number of tasks for which preparation is necessary, the number
of hours currently required to be logged within 60 days before the date
of the practical test is proportionately higher than that required for
other certificates. Accordingly, the FAA is proposing to reduce the
number of hours that must be logged in preparation for the practical
test within 60 days of that test from 3 hours to 2 hours, for aircraft
other than gliders. For gliders, the FAA is proposing to reduce the
aeronautical experience that must be logged in preparation for the
practical test from 3 hours to 3 training flights. The FAA believes that
these proposed changes would better correspond to the time required to
prepare for the practical test and recognize the unique characteristics
of gliders. The FAA, however, is not reducing the total number of hours
required for the issuance of any category and class of sport pilot
certificate.

*II.B.16. Remove expired ultralight transition provisions and limit the
use of aeronautical experience obtained in ultralight vehicles (§§61.52,
61.301, 61.309, 61.311, 61.313, 61.329, and 61.431)*

Current §§61.329 and 61.431 describe special provisions for obtaining
sport pilot certificates and flight instructor certificates with a sport
pilot rating for persons who are registered with FAA-recognized
ultralight organizations. These sections were intended to provide a
means for pilots and flight instructors who received training from an
FAA-recognized ultralight organization to transition to sport pilot
certificates and flight instructor certificates with a sport pilot
rating. As provided in the rules, the transition period for obtaining a
sport pilot certificate expired on January 31, 2007, and the transition
period for obtaining a flight instructor certificate with a sport pilot
rating expired on January 31, 2008. Because January 31, 2007, and
January 31, 2008, have passed, the FAA is proposing to remove §61.329
(except for the ultralight pilot record provisions of paragraph
(a)(2)(iv), which will be transferred to §61.52) and §61.431. In
addition, the FAA intends to amend §§61.309, 61.311, and 61.313 to
remove references to §61.329. The reference to the expired transition
provisions in §61.301 (a)(7) would also be removed.

Additionally, the proposal would revise §61.52 (a) and (b) to permit
persons to use aeronautical experience obtained in ultralight vehicles
to meet the requirements for certain airman certificates and ratings and
also to meet the provisions of §61.69 until January 31, 2012. The FAA
originally adopted the provisions of current §61.52 to facilitate the
process for operators of ultralight vehicles to obtain airman
certificates established by the 2004 rule and to meet the requirements
of §61.69. The FAA did not intend for these transition provisions to be
indefinite in duration. Since operators of ultralight vehicles should
have transitioned to the new airman certificates prior to the date of
this proposal, or have used their aeronautical experience to meet the
provisions of §61.69, the FAA believes that retaining the provisions for
the use of aeronautical experience in §61.52 is no longer warranted. The
FAA recognizes, however, that operators of ultralight vehicles may have
acquired aeronautical experience in ultralight vehicles with the intent
of obtaining airman certificates established by the 2004 rule, or to
meet the experience requirements of §61.69. To provide these persons
with a sufficient amount of time to use this aeronautical experience to
obtain the new certificates, or meet the requirements of §61.69, the FAA
is proposing a date of January 31, 2012, after which the provisions of
§61.52 may no longer be used.

*II.B.17. Add a requirement for student pilots to obtain endorsements
identical to those proposed for sport pilots in proposed §§61.324 and
61.327 (§61.89)*

In §61.89, the FAA is proposing to add paragraphs (c)(5) and (c)(6) to
require student pilots seeking sport pilot certificates to obtain
endorsements identical to those specified in proposed §§61.327 (to
operate a light-sport aircraft based on V~H~ ) and 61.324 (to operate a
powered parachute with an elliptical wing), respectively. Currently,
sport pilots are required to obtain specific endorsements for the
operation of particular light-sport aircraft. These endorsements have
not been required for student pilots seeking a sport pilot certificate
because these student pilots are required to have a specific
make-and-model endorsement for each aircraft they operate. If a student
pilot does not obtain the endorsements required for holders of sport
pilot certificates, the student pilot is precluded from operating the
corresponding light-sport aircraft upon issuance of the sport pilot
certificate. By requiring student pilots seeking a sport pilot
certificate to receive these identical endorsements while exercising
student pilot privileges, the FAA would ensure that newly certificated
sport pilots would be able to continue to operate those aircraft in
which they have exercised pilot-in-command privileges as student pilots.

*II.B.18. Clarify that an authorized instructor must be in a powered
parachute when providing flight instruction to a student pilot
(§61.313)*

In §61.313 (g)(1), which describes the requirements for logging
aeronautical experience to obtain powered parachute category land or sea
class ratings, the FAA is proposing to add the words "from an authorized
instructor in a powered parachute aircraft" to clarify that an
authorized instructor must be in the aircraft for a student pilot to log
flight training time. The FAA is concerned that there is confusion in
the sport pilot community whether paragraph (g)(1) allows for "radio
flight training" (i.e., flight training when an authorized instructor is
not in the aircraft), which was not the FAA's intent. The proposed
change would be consistent with other provisions for logging the
aeronautical experience necessary to apply for a sport pilot certificate
and would clarify that all flight training must be received from an
authorized instructor in flight in an aircraft, as specified in
§61.1(b)(6).

Also in §61.313 (g)(1), the FAA is changing the words "at least 2 hours
of solo flight training" to "at least 2 hours of solo flight time." The
word "training" implies that an instructor should be in the aircraft,
which is not appropriate in a solo flight time requirement.

*II.B.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 (§43.1)*

Currently, aircraft that have been issued a special airworthiness
certificate in the light-sport category must continue to meet the
applicable maintenance and preventive maintenance requirements of part
43 when those aircraft are subsequently certificated as experimental
light-sport aircraft under §21.191 (i)(3).

A manufacturer may produce a special light-sport aircraft for
certification under the provisions of §21.190 and the maintenance
provisions of part 43 will apply to that aircraft. The manufacturer may
continue to produce that same aircraft as an aircraft kit under the
provisions of §21.191 (i)(2), and part 43 will not apply to the
maintenance of that aircraft. However, that same aircraft, when
originally certificated under §21.190 and subsequently re-certificated
as an experimental light-sport aircraft under the provisions of
§21.191(i)(3) must continue to comply with the provisions of part 43.
Additionally, these rules preclude non-certificated persons from
performing maintenance on aircraft originally certificated under §21.190
and subsequently re-certificated under §21.191 (i)(3), even though these
experimental aircraft are restricted to personal use. When originally
proposing these rules, the FAA's intent was to have identical
maintenance requirements for all aircraft certificated under §21.191 (i)
regardless of whether they were previously certificated in another
category. The current maintenance rules for these aircraft, however,
negate the underlying rationale for originally adopting the provisions
of §21.191 (i)(3). The FAA is therefore proposing to amend §43.1 to
remove the requirement for aircraft certificated as experimental
aircraft in the light-sport category to comply with the requirements of
part 43 when those aircraft have been previously issued a special
airworthiness certificate in the light-sport category. The proposal
would conform maintenance requirements for aircraft certificated under
§21.191 (i) to the original intent of the 2004 final rule.

*II.B.20. Require aircraft owners or operators to retain a record of the
current status of applicable safety directives for special light-sport
aircraft (§91.417)*

Currently §91.327 (b)(4) specifies that no person may operate an
aircraft that has a special airworthiness certificate in the light-sport
category unless the owner or operator complies with each safety
directive applicable to the aircraft that corrects an existing unsafe
condition. Although owners and operators must comply with these safety
directives, there currently is no requirement to retain a record of the
current status of applicable safety directives or transfer that
information at the time of sale of the aircraft.

Without a requirement to retain and transfer this information, owners,
operators, and FAA safety inspectors are not able to easily determine
whether maintenance actions critical to flight safety have been
accomplished on special light-sport aircraft. This requirement should
have been included in the 2004 final rule. The FAA is therefore
proposing to revise §91.417 (a)(2)(v) to require owners or operators to
retain these records. These records must be transferred in accordance
with the provisions of §91.419.

*II.B.21. Provide for use of aircraft with a special airworthiness
certificate in the light-sport category in training courses approved
under part 141 (§141.39)*

When the 2004 final rule was issued, the FAA did not revise part 141 to
provide for the use of light-sport aircraft in courses approved under
that part. Since that time, the FAA has received requests for special
light-sport aircraft to be used in courses approved under part 141.
Although special light-sport aircraft are not type-certificated
aircraft, they are designed, manufactured, and certificated in
accordance with consensus standards that have been accepted by the FAA.
When part 141 was originally adopted, the FAA did not contemplate the
use of aircraft manufactured in accordance with consensus standards.
Since these aircraft are manufactured in accordance with FAA-accepted
consensus standards, the FAA believes that these aircraft provide an
acceptable level of safety for use in part 141 training courses. To be
used in a course approved under part 141, the aircraft also would have
to be properly equipped for performing the tasks specified in the
training course in which the aircraft would be used. The FAA is
therefore proposing to revise § 141.39 (b) to permit the use of special
light-sport aircraft in training courses that are approved under
part 141.

*II.B.22. Revise minimum safe-altitude requirements for powered
parachutes and weight-shift-control aircraft, and balloons (§91.119)*

Currently pilots of powered parachutes and weight-shift control aircraft
must remain at least 1,000 feet above the highest obstacle within a
horizontal radius of 2,000 feet when operating over any congested area
of a city, town, or settlement, or over any open-air assembly of
persons. When operating over other than congested areas, powered
parachutes and weight-shift-control aircraft must be operated at an
altitude of 500 feet above the surface, except when operating over open
water or sparsely populated areas. When operating over these areas,
these aircraft may not be operated closer than 500 feet to any person,
vessel, vehicle, or structure. The restrictions specified for operations
over congested areas and other than congested areas are not applicable
when necessary for the takeoff or landing of the aircraft.

While the FAA believes that current operating restrictions for powered
parachutes and weight-shift control aircraft over congested areas are
appropriate, the agency believes that current restrictions on the
operation of powered parachutes and weight-shift control aircraft over
other than congested areas are overly restrictive.

The FAA recognizes that the operational characteristics (lower maximum
gross weights, slower speeds, and lower climb rates) of powered
parachutes and weight-shift control aircraft enable them to safely
operate over other than congested areas at altitudes lower than those at
which other aircraft are routinely operated. Additionally, many of these
aircraft have been designed with the intent of conducting operations at
altitudes below those permitted by the current regulation. Requiring
these aircraft to operate at altitudes more appropriate to other
categories and classes of aircraft significantly decreases their utility
to owners and operators. In the event of a forced landing, the slower
speeds, lower weights, and greater maneuverability of these aircraft
allow for shorter landing distances and lower impact forces. The FAA is
therefore proposing to amend §91.119 to allow powered parachutes and
weight-shift-control aircraft to be operated over other than congested
areas at less than 500 feet above the surface, provided the operation is
conducted without hazard to persons or property on the surface.

**III. Paperwork Reduction Act**

Information collection requirements associated with the proposed
amendments to part 61 to replace sport pilot privileges with aircraft
category and class ratings on all pilot certificates and to replace
sport pilot flight instructor privileges with aircraft category ratings
on all flight instructor certificates have been approved previously by
the Office of Management and Budget (OMB) under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and assigned OMB
Control Number 2120-0690. This rulemaking action would ensure that sport
pilots and flight instructors with a sport pilot rating are in
compliance with the FAA's existing requirement that a record of their
logbook endorsements are on file with the FAA.

Information collection requirements associated with the proposed
amendment to §91.419 to require owners and operators of special
light-sport aircraft (SLSAs) to retain a record of the current status of
applicable safety directives and transfer that information at the time
of the sale of that aircraft would be a new information collection
requirement. As required by the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), the FAA has submitted the information requirements
associated with this proposal to the Office of Management and Budget for
its review. A summary of those requirements is as follows.

[Use]{.underline}: The information will be used to enable safety
inspectors, in situations such as accident investigations, to determine
whether required maintenance actions were accomplished on SLSAs.

[Respondents]{.underline}: There are currently 927 registered SLSAs
(expected to increase by 75 aircraft every 2 years). However, the FAA
does not know the exact numbers of owners and operators. The FAA expects
the number of owners and operators would be fewer than 927.

[Frequency]{.underline}: Owners and operators of SLSAs would retain and
transfer records on the status of safety directives only when safety
directives have been issued on their SLSAs. The FAA estimates that it
would take an owner operator 2 hours per year to comply with the
requirement.

[Annual Burden Estimate]{.underline}:

There would be no annualized cost to the Federal government. For owners
and operators, the total hour burden would be 21,540 hours over a
10-year period. The average number of hours each year would be 2,154,
computed as follows:

  ----------------- ----------------- ----------------- -----------------
  Year              Number of SLSA    Hours Per         Total Hour Burden
                    Aircraft          Aircraft          

  2008              927               2                 1854

  2009              927               2                 1854

  2010              1002              2                 2004

  2011              1002              2                 2004

  2012              1077              2                 2154

  2013              1077              2                 2154

  2014              1152              2                 2304

  2015              1152              2                 2304

  2016              1227              2                 2454

  2017              1227              2                 2454

  Total                                                 21540

  Average                                               2154
  ----------------- ----------------- ----------------- -----------------

The total cost burden, assuming the value of an owner or operator's time
is \$31.50 per hour, would be \$678,510 (\$467,646 discounted). The
annualized cost would be \$66,584 per year (\$467,646 multiplied by
0.14238 (the capital recovery factor)).

The agency is soliciting comments to---

\(1\) Evaluate whether the proposed information requirement is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;

\(2\) Evaluate the accuracy of the agency\'s estimate of the burden;

\(3\) Enhance the quality, utility, and clarity of the information to be
collected; and

\(4\) Minimize the burden of collecting information on those who are to
respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.

Individuals and organizations may send comments on the information
collection requirement by \[[INSERT DATE 60 DAYS AFTER PUBLICATION IN
THE FEDERAL REGISTER]{.underline}\], and should direct them to the
address listed in the Addresses section at the end of this preamble.
Comments also should be submitted to the Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention: Desk
Officer for FAA, New Executive Building, Room 10202, 725 17th Street,
NW, Washington, DC  20053.

According to the 1995 amendments to the Paperwork Reduction Act (5 CFR
1320.8(b)(2)(vi)), 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. The OMB control
number for this information collection will be published in the [Federal
Register]{.underline}, after the Office of Management and Budget
approves it.

**IV. 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 these
proposed regulations.

**V. Regulatory Notices and Analyses**

[V.A. Economic Assessment]{.underline}

Changes to Federal regulations must undergo several economic analyses.
First, Executive Order 12866 directs that each Federal agency shall
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 (Public Law 96-354) requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (Public Law 96-39) prohibits agencies
from setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, this Trade
Act requires agencies to consider international standards and, where
appropriate, that they be 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 with base year of
1995). This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this proposed rule. We suggest readers seeking
greater detail read the full regulatory evaluation, a copy of which we
have placed in the docket for this rulemaking.

In conducting these analyses, FAA has determined that this proposed
rule: (1) has benefits that justify its costs, (2) is not an
economically "significant regulatory action" as defined in section 3(f)
of Executive Order 12866, (3) is not "significant" as defined in DOT\'s
Regulatory Policies and Procedures; (4) would not have a significant
economic impact on a substantial number of small entities; (5) would not
create unnecessary obstacles to the foreign commerce of the United
States; and (6) would not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector by exceeding the threshold
identified above. These analyses are summarized below.

*Costs and Benefits*: The total cost of this rule would be approximately
\$8.2 million (\$5.8 million, discounted). Much of this cost (\$4.3
million) is attributed to new training requirements for sport pilots who
fly aircraft with a V~H~ greater than 87 knots CAS. Another substantial
portion of the cost (\$3.0 million) is attributed to changes to the way
in which sport pilot practical exams are administered. Benefits include
increased safety for sport pilots flying in conditions requiring
navigation by reference to instruments, the ability for pilots of
powered parachutes and weight-shift-control aircraft to fly at lower
altitudes in other-than-congested areas, and the ability for sport
pilots to possess certificates with ratings similar to those of other
pilots.

[V.B. Regulatory Flexibility Determination]{.underline}

The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA)
establishes "as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions subject
to regulation. To achieve this principle, agencies are required to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions to assure that such proposals are given
serious consideration." The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.

Agencies must perform a review to determine whether a rule will have a
significant economic impact on a substantial number of small entities.
If the agency determines that it will, the agency must prepare a
regulatory flexibility analysis as described in the RFA.

However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.

This proposed rule would impose minimal costs on individuals who are or
are in the process of becoming sport pilots. Most of these individuals
fly for sport or recreation, and therefore the Regulatory Flexibility
Act does not apply to them. However, the rule would impose costs on
flight instructors with sport pilot ratings who provide instruction as a
business endeavor, and in this case the Regulatory Flexibility Act does
apply. The estimated 390 current instructors who have already filed the
correct paperwork with the FAA would pay nothing. The estimated 210
instructors who have not filed the proper paperwork would incur a
one-time cost of approximately \$130 each, which the FAA does not
consider a significant cost. Therefore, the FAA certifies that this
proposed rule would not have a significant economic impact on a
substantial number of flight instructors with a sport pilot rating
engaged in a business endeavor. The FAA requests comments from affected
entities on this finding and determination.

[V.C. International Trade Impact Assessment]{.underline}

The Trade Agreements Act of 1979 (Public Law 96-39) prohibits Federal
agencies from establishing any standards or engaging in 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. The FAA has assessed the potential
effect of this proposed rule and has determined that it would have no
significant impact on international trade.

[V.D. Unfunded Mandates Assessment]{.underline}

Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4)
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 with the base year 1995) 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 \$128.1
million in lieu of \$100 million. This proposed rule does not contain
such a mandate.

[V.E. Executive Order 13132, Federalism]{.underline}

The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on 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, would not have federalism implications.

[V.F. Environmental Analysis]{.underline}

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 proposed
rulemaking action qualifies for the categorical exclusion identified in
paragraph 307(k) and involves no extraordinary circumstances.

[V.G. Regulations that Significantly Affect Energy Supply, Distribution,
or Use]{.underline}

The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not a
"significant energy action" under the executive order because it is not
a "significant regulatory action" under Executive Order 12866, and it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

**VI. Additional Information**

[Comments Invited]{.underline}:

The FAA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. We also invite comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting the proposals in this document. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, please send only
one copy of written comments, or if you are filing comments
electronically, please submit your comments only one time.

We will file in the docket all comments we receive, as well as a report
summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay. We
may change this proposal in light of the comments we receive.

[Availability of Rulemaking Documents]{.underline}

You can get an electronic copy of rulemaking documents using the
Internet by---

1.  Searching the Federal eRulemaking Portal
    ([http://www.regulations.gov](http://dms.dot.gov/search));

```{=html}
<!-- -->
```
1.  Visiting the FAA's Regulations and Policies web page at
    http://www.faa.gov/regulations_policies/; or

2.  Accessing the Government Printing Office's web page at
    http://www.gpoaccess.gov/fr/index.html.

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

You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the internet through the Federal eRulemaking Portal referenced in
paragraph (1).

**List of Subjects**

[14 CFR Part 43]{.underline}

Aircraft, Aviation safety.

[14 CFR Part 61]{.underline}

Aircraft, Airmen, Recreation and recreation areas, Teachers.

[14 CFR Part 91]{.underline}

Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.

[14 CFR Part 141]{.underline}

Airmen, Educational facilities, Schools.

**The Proposed Amendments**

In consideration of the foregoing, the FAA proposes to amend parts 43,
61, 91, and 141 of title 14 Code of Federal Regulations (14 CFR parts
43, 61, 91, and 141) as follows:

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

1.  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.

> 2\. Amend §43.1 by revising paragraph (b) to read as follows:

**§43.1 Applicability.**

\* \* \* \* \*

\(b\) 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, other than a special
airworthiness certificate in the light-sport category, for that
aircraft.

\* \* \* \* \*

**PART 61---CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS**

3\. 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.

4\. Amend §61.1 by revising paragraphs (b)(3)(iii) introductory text and
(b)(3)(iv) introductory text to read as follows:

**§ 61.1 Applicability and definitions.**

\* \* \* \* \*

\(b\) \* \* \*

\(3\) \* \* \*

\(iii\) For the purpose of meeting the aeronautical experience
requirements for a sport pilot certificate (except for a powered
parachute rating), time acquired during a flight conducted in an
appropriate aircraft that---

\* \* \* \* \*

\(iv\) For the purpose of meeting the aeronautical experience
requirements for a sport pilot certificate with a powered parachute
rating or a private pilot certificate with a powered parachute category
rating, time acquired during a flight conducted in an appropriate
aircraft that---

\* \* \* \* \*

5\. Amend §61.3 by revising paragraphs (c)(2)(i), (c)(2)(ii),
(c)(2)(iv), and (c)(2)(v) introductory text to 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 or a balloon
class rating;

\(ii\) Is exercising the privileges of a student pilot certificate while
seeking a sport pilot certificate with other than glider or balloon
ratings 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 ratings;

\(v\) Is exercising the privileges of a sport pilot certificate with
other than glider or balloon ratings 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---

\* \* \* \* \*

6\. Amend §61.5 by revising paragraph (c)(5) to read as follows:

**§ 61.5 Certificates and ratings issued under this part.**

\* \* \* \* \*

\(c\) \* \* \*

\(5\) Sport pilot ratings\--

\(i\) Sport pilot \--airplane single-engine.

\(ii\) Sport pilot \--weight-shift control aircraft.

\(iii\) Sport pilot \--powered parachute.

\(iv\) Sport pilot \--rotorcraft-gyroplane.

\(v\) Sport pilot \--glider.

\(vi\) Sport pilot \--lighter-than-air airship.

\(vii\) Sport pilot \--lighter-than-air balloon.

\* \* \* \* \*

7\. Amend §61.7 by adding paragraphs (c), (d), and (e) to read as
follows:

**§61.7 Obsolete certificates and ratings.**

\* \* \* \* \*

\(c\) Prior to \[[TWO YEARS FROM EFFECTIVE DATE OF FINAL
RULE]{.underline}\], the holder of a sport pilot certificate without a
category and class rating whose logbook has been endorsed for sport
pilot privileges in a specific category and class of aircraft may-

\(1\) Exercise the privileges of a sport pilot certificate with a
corresponding category and class rating; and

\(2\) Exchange that certificate for a sport pilot certificate with a
category and class rating corresponding to the privileges previously
held.

\(d\) Prior to \[[TWO YEARS FROM EFFECTIVE DATE OF FINAL
RULE]{.underline}\], the holder of a recreational pilot certificate or
higher whose logbook has been endorsed for sport pilot privileges in a
specific category and class of aircraft may---

\(1\) Exercise the privileges of a sport pilot with a category and class
rating in an aircraft corresponding to the category and class of
aircraft specified in that pilot's logbook endorsement; and

\(2\) Exchange that certificate for a recreational pilot certificate or
higher with a category and class rating corresponding to the sport pilot
privileges previously held.

\(e\) A flight instructor certificate with a sport pilot rating issued
before \[[EFFECTIVE DATE OF FINAL RULE]{.underline}\] is equivalent to a
flight instructor certificate with a sport pilot rating and the
appropriate aircraft category and class rating. A flight instructor
certificate with other than a sport pilot rating held by a person who
has the privileges of a flight instructor certificate with a sport pilot
rating is equivalent to a flight instructor certificate with the
corresponding flight instructor ratings and sport pilot category and
class ratings. The holder of a flight instructor certificate who has
sport pilot privileges not listed on that certificate may not exercise
those privileges after \[[TWENTY SEVEN CALENDAR MONTHS FROM EFFECTIVE
DATE OF FINAL RULE]{.underline}\].

8\. Amend §61.23 by:

a\. Revising paragraph (b)(1);

b\. Removing paragraph (b)(2);

c\. Redesignating paragraphs (b)(3) through (b)(8) as paragraphs (b)(2)
through (b)(7) respectively; and

d\. Revising newly redesignated paragraph (b)(3)(i).

The revisions read as follows:

**§61.23 Medical certificates: Requirement and duration.**

\* \* \* \* \*

\(b\) \* \* \*

\(1\) When exercising the privileges of a student pilot certificate
while seeking a pilot certificate with a glider category rating or
balloon class rating;

\* \* \* \* \*

\(3\) \* \* \*

\(i\) A sport pilot-glider rating or sport pilot-lighter-than air
balloon rating; or

\* \* \* \* \*

**§ 61.31 \[Amended\]**

9\. Amend §61.31 by:

a\. Adding the word "or" after the semicolon at the end of paragraph
(k)(2)(iv);

b\. Removing the semicolon and the word "or" at the end of paragraph
(k)(2)(v) and adding a period in their place; and

c\. Removing paragraph (k)(2)(vi).

10\. Amend §61.51 by:

a\. Revising paragraphs (c)(1) and (e)(1)(i);

b\. Removing paragraphs (i)(3) and (i)(5); and

c\. Redesignating paragraph (i)(4) as (i)(3).

The revision reads as follows:

**§ 61.51 Pilot logbooks.**

\* \* \* \* \*

\(c\) \* \* \*

\(1\) Apply for a certificate or rating issued under this part; or

\* \* \* \* \*

\(e\) \* \* \*

\(1\) \* \* \*

\(i\) Is the sole manipulator of the controls of an aircraft for which
the pilot is rated;

\* \* \* \* \*

11\. Amend §61.52 by revising paragraphs (a) introductory text, (b),
(c)(2) and (c)(3), and adding paragraph (c)(4) to read as follows:

**§ 61.52 Use of aeronautical experience obtained in ultralight
vehicles.**

\(a\) Before January 31, 2012, 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:

\* \* \* \* \*

\(b\) Before January 31, 2012, a person may use aeronautical experience
obtained in an ultralight vehicle to meet the provisions of §61.69.

\(c\) \* \* \*

\(2\) Document and log that aeronautical experience in accordance with
the provisions for logging aeronautical experience specified by an
FAA-recognized organization and in accordance with the provisions for
logging pilot time in aircraft as specified in §61.51;

\(3\) Obtain the aeronautical experience in a category and class of
vehicle that is appropriate to the rating sought; and

\(4\) Provide the FAA with a certified copy of his or her ultralight
pilot records from an FAA-recognized ultralight organization, that ---

\(i\) Document that he or she is a registered ultralight pilot with that
FAA-recognized ultralight organization; and

\(ii\) Indicate that he or she is recognized to operate the category and
class of aircraft for which sport pilot privileges are sought.

12\. Amend §61.63 by revising paragraphs (b)(5) and (c)(5) to read as
follows:

**§61.63 Additional aircraft ratings (other than on an airline transport
pilot certificate).**

\* \* \* \* \*

\(b\) \* \* \*

\(5\) Need not take an additional knowledge test, provided the applicant
holds an airplane, rotorcraft, powered-lift, weight-shift-control
aircraft, powered parachute, or airship rating at that pilot certificate
level.

\(c\) \* \* \*

\(5\) Need not take an additional knowledge test, provided the applicant
holds an airplane, rotorcraft, powered-lift, weight-shift-control
aircraft, powered parachute, or airship rating at that pilot certificate
level.

\* \* \* \* \*

13\. Amend §61.87 by revising the introductory text of paragraphs (d),
(g), (i), (j), (l), and (m) to read as follows:

**§ 61.87 Solo requirements for student pilots.**

\* \* \* \* \*

\(d\) [Maneuvers and procedures for pre-solo flight training in a
single-engine airplane]{.underline}. A student pilot who is receiving
training for a single-engine airplane rating must receive and log flight
training for the following maneuvers and procedures:

\* \* \* \* \*

\(g\) [Maneuvers and procedures for pre-solo flight training in a
gyroplane]{.underline}. A student pilot who is receiving training for a
gyroplane rating must receive and log flight training for the following
maneuvers and procedures:

\* \* \* \* \*

\(i\) [Maneuvers and procedures for pre-solo flight training in a
glider]{.underline}. A student pilot who is receiving training for a
glider rating must receive and log flight training for the following
maneuvers and procedures:

\* \* \* \* \*

\(j\) [Maneuvers and procedures for pre-solo flight training in an
airship]{.underline}. A student pilot who is receiving training for an
airship rating must receive and log flight training for the following
maneuvers and procedures:

\* \* \* \* \*

\(l\) [Maneuvers and procedures for pre-solo flight training in a
powered parachute]{.underline}. A student pilot who is receiving
training for a powered parachute rating must receive and log flight
training for the following maneuvers and procedures:

\* \* \* \* \*

\(m\) [Maneuvers and procedures for pre-solo flight training in a
weight-shift-control aircraft]{.underline}. A student pilot who is
receiving training for a weight-shift-control aircraft rating must
receive and log flight training for the following maneuvers and
procedures:

\* \* \* \* \*

14\. Amend §61.89 by:

a\. Revising paragraph (c)(3);

b\. Removing the period from the end of paragraph (c)(4) and adding a
semi-colon; and

c\. Adding paragraphs (c)(5), (c)(6), and (c)(7).

The revision and additions read as follows:

**§61.89 General limitations.**

\* \* \* \* \*

\(c\) \* \* \*

\(3\) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL,
whichever is higher;

\* \* \* \* \*

\(5\) Of a light-sport aircraft without having received the applicable
ground training, flight training, and instructor endorsements specified
in §61.327 (a) and (b);

\(6\) Prior to conducting a cross-country flight in a light-sport
aircraft without having received the applicable ground training, flight
training, and instructor endorsements specified in §61.327 (c); and

\(7\) Of a powered parachute with an elliptical wing without having
received the ground training, flight training, and instructor
endorsement specified in §61.324.

15\. Amend §61.93 by revising paragraphs (e)(9), (e)(12), (h)(9),
(k)(9), and (k)(11) to read as follows:

**§61.93 Solo cross-country flight requirements.**

\* \* \* \* \*

\(e\) \* \* \*

\(9\) Use of radios for VFR navigation and two-way communication, except
that a student pilot seeking a sport pilot certificate must only receive
and log flight training on the use of radios installed in the aircraft
to be flown;

\* \* \* \* \*

\(12\) Control and maneuvering solely by reference to flight
instruments, including straight and level flight, turns, descents,
climbs, use of radio aids, and ATC directives. For student pilots
seeking a sport pilot certificate, the provisions of this paragraph only
apply when receiving training for cross-country flight in an airplane
that has a V~H~ greater than 87 knots CAS.

\* \* \* \* \*

\(h\) \* \* \*

\(9\) Use of radios for VFR navigation and two-way communication, except
that a student pilot seeking a sport pilot certificate must only receive
and log flight training on the use of radios installed in the aircraft
to be flown; and

\* \* \* \* \*

\(k\) \* \* \*

\(9\) Use of radios for VFR navigation and two-way communication, except
that a student pilot seeking a sport pilot certificate must only receive
and log flight training on the use of radios installed in the aircraft
to be flown;

\* \* \* \* \*

\(11\) Control of the airship solely by reference to flight instruments,
except for a student pilot seeking a sport pilot certificate; and

\* \* \* \* \*

16\. Amend §61.109 by:

a\. Removing the word "and" at the end of paragraphs (i)(3) and (j)(3);

b\. Revising paragraphs (i)(4)(ii) and (j)(2)(i);

c\. Adding the word "and" to the end of paragraph (j)(4)(i);

d\. Removing paragraph (j)(4)(iii); and

e\. Adding paragraphs (i)(5) and (j)(5).

The revisions and additions read as follows:

**§ 61.109 Aeronautical experience.**

\* \* \* \* \*

\(i\) \* \* \*

\(4\) \* \* \*

\(ii\) Twenty solo takeoffs and landings to a full stop (with each
landing involving a flight in a traffic pattern) at an airport; and

\(5\) Three takeoffs and landings (with each landing involving a flight
in the traffic pattern) in an aircraft at an airport with an operating
control tower.

\(j\) \* \* \*

\(2\) \* \* \*

\(i\) One cross-country flight of over 75 nautical miles total distance
that includes a point of landing that is a straight-line distance of
more than 50 nautical miles from the original point of departure; and

\* \* \* \* \*

\(5\) Three takeoffs and landings (with each landing involving a flight
in the traffic pattern) in an aircraft at an airport with an operating
control tower.

\* \* \* \* \*

17\. Amend §61.113 by:

a\. Amending paragraph (a) by removing the words "paragraphs (b) through
(g)" and adding in their place the words "paragraphs (b) through (h)";
and

b\. Adding paragraph (h) to read as follows:

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

\* \* \* \* \*

\(h\) A private pilot may act as pilot in command for the purpose of
conducting a production flight test in a light-sport aircraft intended
for certification in the light-sport category under §21.190 of this
chapter, provided that---

(1) The aircraft is a powered parachute or a weight-shift-control
    aircraft; and

(2) The person has at least 100 hours of pilot-in-command time in the
    category and class of aircraft flown.

**Subpart H---Flight Instructors**

18\. Revise the heading of subpart H of part 61 to read as set forth
above.

**§61.181 \[Amended\]**

19\. Amend §61.181 by removing the words "(except for flight instructor
certificates with a sport pilot rating)."

20\. Amend §61.183 by revising paragraphs (c) and (j) to read as
follows:

**§61.183 Eligibility requirements.**

\* \* \* \* \*

\(c\) Hold---

\(1\) Either a commercial pilot certificate or airline transport pilot
certificate with:

\(i\) An aircraft category and class rating that is appropriate to the
flight instructor rating sought; and

\(ii\) An instrument rating, or privileges on that person's pilot
certificate that are appropriate to the flight instructor rating sought,
if applying for\--

\(A\) A flight instructor certificate with an airplane category and
single-engine class rating;

\(B\) A flight instructor certificate with an airplane category and
multiengine class rating;

\(C\) A flight instructor certificate with a powered-lift rating; or

\(D\) A flight instructor certificate with an instrument rating; or

\(2\) At least a sport pilot certificate with a category and class
rating appropriate to the flight instructor rating sought, if seeking a
flight instructor certificate with a sport pilot rating.

\* \* \* \* \*

\(j\) Log---

\(1\) At least 15 hours as pilot in command in the category and class of
aircraft that is appropriate to the flight instructor rating sought, if
applying for a flight instructor certificate with other than a sport
pilot rating; or

\(2\) The aeronautical experience specified in §61.186, if applying for
a flight instructor certificate with a sport pilot rating; and

\* \* \* \* \*

21\. Amend §61.185 by revising paragraph (a)(2) to read as follows:

**§61.185 Aeronautical knowledge.**

\(a\) \* \* \*

\(2\) The aeronautical knowledge areas for---

\(i\) A recreational, private, and commercial pilot certificate
applicable to the aircraft category for which flight instructor
privileges are sought, if applying for a flight instructor certificate
with other than a sport pilot rating; or

\(ii\) A sport pilot certificate applicable to the aircraft category for
which flight instructor privileges are sought, if applying for a flight
instructor certificate with a sport pilot rating; and

\* \* \* \* \*

22\. Add §61.186 to read as follows:

**§61.186 Aeronautical experience requirements for persons applying for
a flight instructor certificate with a sport pilot rating.**

A person applying for a flight instructor certificate with a sport pilot
rating must meet the aeronautical experience requirements specified in
the following table:

+-----------------------+-----------------------+-----------------------+
| A person applying for | Must log at least...  | Which must include at |
| a flight instructor   |                       | least...              |
| certificate with a    |                       |                       |
| sport pilot rating    |                       |                       |
| for...                |                       |                       |
+-----------------------+-----------------------+-----------------------+
| \(a\) Airplane        | \(1\) 150 hours of    | \(i\) 100 hours of    |
| category with a       | flight time as a      | flight time as pilot  |
| single-engine class   | pilot,                | in command in a       |
| rating,               |                       | powered aircraft,     |
|                       | \(2\) \[Reserved\]    |                       |
|                       |                       | \(ii\) 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 | \(1\) 25 hours of     |                       |
| rating,               | flight time as pilot  |                       |
|                       | in command of 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      | \(1\) 125 hours of    | \(i\) 100 hours of    |
| category with a       | flight time as a      | flight time as pilot  |
| gyroplane class       | pilot,                | in command in a       |
| rating,               |                       | powered aircraft,     |
|                       | \(2\) \[Reserved\]    |                       |
|                       |                       | \(ii\) 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. |
+-----------------------+-----------------------+-----------------------+
| \(d\)                 | \(1\) 100 hours of    | \(i\) 40 hours of     |
| Lighter-than-air      | flight time as a      | flight time in an     |
| category with an      | pilot,                | airship,              |
| airship class rating, |                       |                       |
|                       | \(2\) \[Reserved\]    | \(ii\) 20 hours of    |
|                       |                       | flight time as pilot  |
|                       |                       | in command 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. |
+-----------------------+-----------------------+-----------------------+
| \(e\)                 | \(1\) 35 hours of     | \(i\) 20 hours of     |
| Lighter-than-air      | flight time as pilot  | flight time in a      |
| category with a       | in command,           | balloon,              |
| balloon class rating, |                       |                       |
|                       | \(2\) \[Reserved\]    | \(ii\) 10 flights in  |
|                       |                       | a balloon, and        |
|                       |                       |                       |
|                       |                       | \(iii\) 5 flights as  |
|                       |                       | pilot in command in a |
|                       |                       | balloon that is a     |
|                       |                       | light-sport aircraft. |
+-----------------------+-----------------------+-----------------------+
| \(f\)                 | \(1\) 150 hours of    | \(i\) 100 hours of    |
| Weight-shift-control  | flight time as a      | flight time as pilot  |
| aircraft category     | pilot,                | in command in a       |
| rating,               |                       | powered aircraft,     |
|                       | \(2\) \[Reserved\]    |                       |
|                       |                       | \(ii\) 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 a      |
|                       |                       | pilot in command in a |
|                       |                       | weight-shift-control  |
|                       |                       | aircraft that is a    |
|                       |                       | light-sport aircraft. |
+-----------------------+-----------------------+-----------------------+
| \(g\)                 | \(1\) 100 hours of    | \(i\) 75 hours of     |
| Powered-parachute     | flight time as a      | flight time as a      |
| category rating,      | pilot,                | pilot in command in a |
|                       |                       | powered aircraft,     |
|                       | \(2\) \[Reserved\]    |                       |
|                       |                       | \(ii\) 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.             |
+-----------------------+-----------------------+-----------------------+

23\. Amend §61.187 by adding paragraph (b)(8) to read as follows:

**§61.187 Flight proficiency.**

\* \* \* \* \*

\(b\) \* \* \*

\(8\) For a sport pilot rating with the appropriate aircraft category
and class rating:

\(i\) Fundamentals of instructing;

\(ii\) Technical subject areas;

\(iii\) Preflight preparation;

\(iv\) Preflight lesson on a maneuver to be performed in flight;

\(v\) Preflight procedures;

\(vi\) Airport, seaplane base, and gliderport operations, as applicable;

\(vii\) Takeoffs (or launches), landings, and go-arounds;

\(viii\) Fundamentals of flight;

\(ix\) Performance maneuvers, and for gliders, performance speeds;

\(x\) Ground reference maneuvers (except for gliders and
lighter-than-air);

\(xi\) Soaring techniques;

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

\(xiii\) Stalls (not applicable to lighter-than-air, powered parachutes,
and gyroplanes);

\(xiv\) Spins (applicable to airplanes and gliders);

\(xv\) Emergency operations;

\(xvi\) Tumble entry and avoidance techniques (applicable to
weight-shift-control aircraft); and

\(xvii\) Post-flight procedures.

\* \* \* \* \*

24\. Amend §61.191 by adding paragraph (c) to read as follows:

**§61.191 Additional flight instructor ratings.**

\* \* \* \* \*

\(c\) A person who applies for an additional sport pilot rating on a
flight instructor certificate is not required to pass the knowledge test
on the areas listed in §61.185 (a)(2)(ii).

25\. Revise §61.193 to read as follows:

**61.193 Flight instructor privileges.**

\(a\) A person who holds a flight instructor certificate with other than
a sport pilot rating is authorized, within the limits of that person's
flight instructor certificate and ratings, to provide training and
endorsements that are required for and relate to---

\(1\) A student pilot certificate;

\(2\) A pilot certificate;

\(3\) A flight instructor certificate;

\(4\) A ground instructor certificate;

\(5\) An aircraft rating;

\(6\) A flight review, an operating privilege, or recency-of-experience
requirement of this part;

\(7\) A practical test; and

\(8\) A knowledge test.

\(b\) A person who holds a flight instructor certificate with a sport
pilot rating is authorized, within the limits of that person's flight
instructor certificate and rating, to provide training and endorsements
that are required for, and relate to---

\(1\) A student pilot certificate seeking a sport pilot certificate;

\(2\) A sport pilot certificate;

\(3\) A flight instructor certificate with a sport pilot rating;

\(4\) An aircraft rating for a sport pilot;

\(5\) A flight review;

\(6\) An operating privilege or recency-of-experience requirement of
this part for a person exercising the privileges of a sport pilot;

\(7\) 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;
and

\(8\) 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.

26\. Amend §61.195 by adding paragraphs (d)(7) and (k) to read as
follows:

**§61.195 Flight instructor limitations and qualifications.**

\* \* \* \* \*

\(d\) \* \* \*

\(7\) Student pilot's certificate and logbook of a student pilot seeking
a sport pilot certificate 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 flight instructor has---

\(i\) 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.

\* \* \* \* \*

\(k\) [Additional limitations for a flight instructor with a sport pilot
rating]{.underline}. A flight instructor with a sport pilot rating may
only provide flight instruction in a light-sport aircraft and must
have---

\(1\) At least a private pilot certificate with the applicable category
and class ratings at any certificate level to provide training for a
private pilot certificate with a powered parachute or
weight-shift-control aircraft rating;

\(2\) The endorsement specified in §61.324 or be otherwise authorized to
operate a powered parachute with an elliptical wing to provide training
in a powered parachute with an elliptical wing;

\(3\) The endorsement specified in §61.327 (a) or be otherwise
authorized to operate a light-sport aircraft with a V~H~ greater than 87
knots CAS to provide training in a light-sport aircraft with a V~H~
greater than 87 knots CAS;

\(4\) The endorsement specified in §61.327 (b) or be otherwise
authorized to operate a light-sport aircraft with a V~H~ less than or
equal to 87 knots CAS to provide training in a light-sport aircraft with
a V~H~ less than or equal to 87 knots CAS; and

\(5\) The endorsement specified in §61.325 or be otherwise authorized to
conduct operations 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 to provide training in this airspace
and at these airports.

**§61.301 \[Amended\]**

27\. Amend §61.301 by removing paragraph (a)(7).

28\. Amend §61.303 by:

a\. Removing the words "light sport" adding the words "light-sport" in
their place in paragraphs (a)(1)(ii)(A) introductory text and
(a)(2)(ii)(A) introductory text; and

b\. Revising the introductory text of paragraphs (a)(1)(i)(A),
(a)(1)(ii), (a)(1)(iii)(A), (a)(2)(i)(A), (a)(2)(ii), (a)(2)(iii)(A),
(a)(3)(i)(A), (a)(3)(ii)(A), and (a)(3)(iii)(A), and paragraph
(a)(3)(ii)(A)([1)]{.underline} to read as follows:

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

\(a\) \* \* \*

  ------------------- ------------------ ----------------- -------------------
  If you hold         And you hold       Then you may      And
                                         operate           

  \(1\) \* \* \*      \(i\) \* \* \*     \(A\) Any         ([1]{.underline})
                                         light-sport       \* \* \*
                                         aircraft for      
                                         which you hold    
                                         the appropriate   
                                         category and      
                                         class rating,     

                      \(ii\) At least a  \(A\) \* \* \*    ([1]{.underline})
                      recreational pilot                   \* \* \*
                      certificate with a                   
                      category and class                   
                      rating at that                       
                      certificate level                    
                      or higher,                           

                      \(iii\) \* \* \*   \(A\) That        ([1]{.underline})
                                         light-sport       \* \* \*
                                         aircraft, only if 
                                         you hold the      
                                         appropriate       
                                         category and      
                                         class rating,     

  \(2\) \* \* \*      \(i\) \* \* \*     \(A\) Any         ([1]{.underline})
                                         light-sport       \*\*\*
                                         aircraft for      
                                         which you hold    
                                         the appropriate   
                                         category and      
                                         class rating,     

                      \(ii\) At least a  \(A\) \* \* \*    ([1]{.underline})
                      recreational pilot                   \* \* \*
                      certificate with a                   
                      category and class                   
                      rating at that                       
                      certificate level                    
                      or higher,                           

                      \(iii\) \* \* \*   \(A\) That        ([1]{.underline})
                                         light-sport       \* \* \*
                                         aircraft, only if 
                                         you hold the      
                                         appropriate       
                                         category and      
                                         class rating,     

  \(3\) \* \* \*      \(i\) \* \* \*     \(A\) Any         ([1]{.underline})
                                         light-sport       \* \* \*
                                         glider or balloon 
                                         for which you     
                                         hold the          
                                         appropriate       
                                         category and      
                                         class rating,     

                      \(ii\) \* \* \*    \(A\) Any         ([1]{.underline})
                                         light-sport       You do not have to
                                         glider or balloon hold any of the
                                         in that category  endorsements
                                         and class,        required by this
                                                           subpart, nor do you
                                                           have to comply with
                                                           the limitations in
                                                           § 61.315.

                      \(iii\) \* \* \*   \(A\) Any         ([1]{.underline})
                                         light-sport       \* \* \*
                                         glider or         
                                         balloon, only if  
                                         you hold the      
                                         glider category   
                                         or balloon class  
                                         rating,           
  ------------------- ------------------ ----------------- -------------------

\* \* \* \* \*

**§61.309 \[Amended\]**

29\. Amend §61.309 introductory text by removing the words "Except as
specified in §61.329, to" and adding the word "To" to the beginning of
the sentence.

30\. Amend §61.311 by revising the introductory text to read as follows:

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

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 ratings:

\* \* \* \* \*

31\. Amend §61.313 by:

a\. Removing the words "Except as specified in §61.329, use" from the
introductory text and adding the word "Use" to the beginning of the
sentence;

b\. Removing the numeral "3" and adding in its place the numeral "2" in
paragraphs (a)(1)(iv), (d)(1)(iv), (e)(1)(iv), (f)(1)(ii), (g)(1)(v) and
(h)(1)(iv);

c\. Revising the introductory text of paragraphs (a) through (h);

d\. Revising paragraph (g)(1) introductory text; and

e\. Revising paragraphs (b)(1)(ii) and (c)(1)(ii).

The revisions read as follows:

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

\* \* \* \* \*

+----------------------+----------------------+------------------------+
| If you are applying  | Then you must log at | Which must include at  |
| for a sport pilot    | least...             | least....              |
| certificate with...  |                      |                        |
+----------------------+----------------------+------------------------+
| \(a\) Airplane       | \(1\) \* \* \*       | \* \* \* \* \*         |
| category and         |                      |                        |
| single-engine land   |                      |                        |
| or sea class         |                      |                        |
| ratings,             |                      |                        |
+----------------------+----------------------+------------------------+
| \(b\) Glider         | \(1\) \* \* \*       | \* \* \* \* \*         |
| category rating, and |                      |                        |
| you have not logged  |                      | \(ii\) at least 3      |
| at least 20 hours of |                      | training flights on    |
| flight time in       |                      | those areas of         |
| heavier-than-air     |                      | operation specified in |
| aircraft,            |                      | §61.311 preparing for  |
|                      |                      | the practical test     |
|                      |                      | within 60 days before  |
|                      |                      | the date of the test.  |
+----------------------+----------------------+------------------------+
| \(c\) Glider         | \(1\) \* \* \*       | \* \* \* \* \*         |
| category rating, and |                      |                        |
| you have logged at   |                      | \(ii\) at least 3      |
| least 20 hours of    |                      | training flights on    |
| flight time in       |                      | those areas of         |
| heavier-than-air     |                      | operation specified in |
| aircraft,            |                      | §61.311 preparing for  |
|                      |                      | the practical test     |
|                      |                      | within 60 days before  |
|                      |                      | the date of the test.  |
+----------------------+----------------------+------------------------+
| \(d\) Rotorcraft     | \(1\) \* \* \*       | \* \* \* \* \*         |
| category and         |                      |                        |
| gyroplane class      |                      |                        |
| ratings,             |                      |                        |
+----------------------+----------------------+------------------------+
| \(e\)                | \(1\) \* \* \*       | \* \* \* \* \*         |
| Lighter-than-air     |                      |                        |
| category and airship |                      |                        |
| class ratings,       |                      |                        |
+----------------------+----------------------+------------------------+
| \(f\)                | \(1\) \* \* \*       | \* \* \* \* \*         |
| Lighter-than-air     |                      |                        |
| category and balloon |                      |                        |
| class ratings,       |                      |                        |
+----------------------+----------------------+------------------------+
| \(g\) Powered        | \(1\) 12 hours of    | \* \* \* \* \*         |
| parachute category   | flight time in a     |                        |
| land or sea class    | powered parachute,   |                        |
| ratings,             | including 10 hours   |                        |
|                      | of flight training   |                        |
|                      | in a powered         |                        |
|                      | parachute from an    |                        |
|                      | authorized           |                        |
|                      | instructor, and at   |                        |
|                      | least 2 hours of     |                        |
|                      | solo flight time in  |                        |
|                      | a powered parachute  |                        |
|                      | on the areas of      |                        |
|                      | operation listed in  |                        |
|                      | § 61.311,            |                        |
+----------------------+----------------------+------------------------+
| \(h\)                | \(1\) \* \* \*       | \* \* \* \* \*         |
| Weight-shift-control |                      |                        |
| aircraft category    |                      |                        |
| land or sea class    |                      |                        |
| ratings,             |                      |                        |
+----------------------+----------------------+------------------------+

32\. Amend § 61.315 by revising paragraphs (c)(11), (c)(14), and (c)(16)
and adding paragraph (c)(20) to read as follows:

**§ 61.315 What are the privileges and limits of my sport pilot
certificate?**

\* \* \* \* \*

\(c\) \* \* \*

\(11\) At an altitude of more than 10,000 feet MSL, or 2,000 feet AGL,
whichever is higher.

\* \* \* \* \*

\(14\) If the aircraft has:

\(i\) A V~H~ greater than 87 knots CAS, unless you have met the
requirements of §61.327 (a).

\(ii\) A V~H~ less than or equal to 87 knots CAS, unless you have met
the requirements of §61.327 (b) or have logged pilot-in-command time in
an aircraft with a V~H~ less than or equal to 87 knots CAS before
(insert effective date of final rule).

\* \* \* \* \*

\(16\) Contrary to any limit on your pilot certificate or airman medical
certificate, or any other limit or endorsement from an authorized
instructor.

\* \* \* \* \*

\(20\) That is a powered parachute with an elliptical wing, unless you
have met the requirements specified in §61.324.

33\. Revise §61.317 to read as follows:

**§ 61.317 Is my sport pilot certificate issued with aircraft category
and class ratings?**

Your sport pilot certificate will list aircraft category and class
ratings. When you successfully pass the practical test for a sport pilot
certificate, regardless of the light-sport aircraft rating you seek, the
FAA will issue a sport pilot certificate with the appropriate aircraft
category and class rating.

**§61.319 \[Removed and reserved\]**

> 34\. Remove and reserve §61.319.

**§61.321 \[Removed and reserved\]**

35\. Remove and reserve §61.321.

**§61.323 \[Removed and reserved\]**

36\. Remove and reserve §61.323.

37\. Add §61.324 to read as follows:

**§ 61.324 How do I obtain privileges to operate a powered parachute
with an elliptical wing?**

\(a\) Except as specified in paragraph (b) of this section, if you hold
a sport pilot certificate with a powered parachute rating and you seek
to operate a powered parachute with an elliptical wing you must --

\(1\) Receive and log ground and flight training from an authorized
instructor in a powered parachute with an elliptical wing; and

\(2\) Receive a logbook endorsement from the authorized instructor who
provided you with the training specified in paragraph (a) of this
section certifying that you are proficient to operate a powered
parachute with an elliptical wing.

\(b\) The training and endorsements required by paragraph (a) of this
section are not required if you have logged flight time as pilot in
command of a powered parachute with an elliptical wing prior to
\[[EFFECTIVE DATE OF THE FINAL RULE]{.underline}\].

38\. Revise §61.327 to read as follows:

**§61.327 Are there specific endorsement requirements to operate
light-sport aircraft based on V~H~?**

\(a\) If you hold a sport pilot certificate and you seek to operate a
light-sport aircraft that has a V~H~ greater than 87 knots CAS you
must---

\(1\) Receive and log ground and flight training from an authorized
instructor in an aircraft that has a V~H~ greater than 87 knots CAS; and

\(2\) Receive a logbook endorsement from the authorized instructor who
provided the training specified in paragraph (a)(1) of this section
certifying that you are proficient in the operation of light-sport
aircraft with a V~H~ greater than 87 knots CAS.

\(b\) Except as specified in paragraph (d) of this section, if you hold
a sport pilot certificate and you seek to operate a light-sport aircraft
that has a V~H~ less than or equal to 87 knots CAS you must---

\(1\) Receive and log ground and flight training from an authorized
instructor in an aircraft that has a V~H~ less than or equal to 87 knots
CAS; and

\(2\) Receive a logbook endorsement from the authorized instructor who
provided the training specified in paragraph (b)(1) of this section
certifying that you are proficient in the operation of light-sport
aircraft with a V~H~ less than or equal to 87 knots CAS.

\(c\) If you hold a sport pilot certificate and you seek to operate a
light-sport aircraft that is an airplane and has a V~H~ greater than 87
knots CAS after \[[ONE YEAR AFTER THE EFFECTIVE DATE OF THE FINAL
RULE]{.underline}\], you must receive and log 1 hour of flight training
in a single-engine airplane that has a V~H~ greater than 87 knots CAS on
the control and maneuvering of an airplane solely by reference to
instruments, including straight and level flight, climbs and descents,
turns to a heading, and recovery from unusual flight attitudes.

\(d\) The training and endorsements required by paragraph (b) of this
section are not required if you have logged flight time as pilot in
command of an aircraft with a V~H~ less than or equal to 87 knots CAS
prior to \[[EFFECTIVE DATE OF THE FINAL RULE]{.underline}\].

**§61.329 \[Removed\]**

39\. Remove §61.329.

**§§61.401 through 61.431 (Subpart K) \[Removed\]**

> 40\. Remove subpart K consisting of §§61.401 through 61.431.

**PART 91---GENERAL OPERATING AND FLIGHT RULES**

> 41\. 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, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506--46507, 47122, 47508, 47528--47531,
articles 12 and 29 of the Convention on International Civil Aviation (61
Stat. 1180).

> 42\. Amend §91.119 by revising paragraph (d) to read as follows:

**§91.119 Minimum safe altitudes: General.**

\* \* \* \* \*

\(d\) [Helicopters, powered parachutes, and weight-shift-control
aircraft.]{.underline} If the operation is conducted without hazard to
persons or property on the surface---

\(1\) A helicopter may be operated at less than the minimums prescribed
in paragraph (b) or (c) of this section, provided each person operating
the helicopter complies with any routes or altitudes specifically
prescribed for helicopters by the FAA; and

\(2\) A powered parachute or weight-shift-control aircraft may be
operated at less than the minimums prescribed in paragraph (c) of this
section.

> 43\. Amend §91.417 by revising paragraph (a)(2)(v) to read as follows:

**§91.417 Maintenance records.**

\(a\) \* \* \*

\(2\) \* \* \*

\(v\) The current status of applicable airworthiness directives (AD) and
safety directives including, for each, the method of compliance, the AD
or safety directive number and revision date. If the AD or safety
directive involves recurring action, the time and date when the next
action is required.

\* \* \* \* \*

##### PART 141---PILOT SCHOOLS

> 44\. The authority citation for part 141 continues to read as follows:

Authority:   49 U.S.C. 106(g), 40113, 44701--44703, 44707, 44709, 44711,
45102--45103, 45301--45302.

> 45\. Amend §141.39 by revising paragraph (b) to read as follows:

**§141.39 Aircraft.**

\* \* \* \* \*

\(b\) Each aircraft must be certificated with a standard airworthiness
certificate, a primary airworthiness certificate, or a special
airworthiness certificate in the light-sport category unless the
Administrator determines that due to the nature of the approved course,
an aircraft not having a standard airworthiness certificate, a primary
airworthiness certificate, or a special airworthiness certificate in the
light-sport category may be used;

\* \* \* \* \*

Issued in Washington, DC on April 9, 2008.

James J. Ballough

Director, Flight Standards Service