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U.S. Department of Transportation

**FEDERAL AVIATION ADMINISTRATION**

> REGULATORY EVALUATION

**[Additional Revisions to the Certification of Aircraft and Airmen For
the Operation of Light- Sport Aircraft]{.underline}**

**NOTICE OF PROPOSED RULEMAKING**

**(14 CFR PARTS 43, 61, 91, 141)**

Office of Aviation Policy and Plans

Operations Regulatory Analysis Branch, APO-310

Marquise J. McGraw

February 28, 2008

**TABLE OF CONTENTS**

[**EXECUTIVE SUMMARY** i](#executive-summary)

[**I.** **INTRODUCTION** 1](#i.-introduction)

[**II.** **BACKGROUND** 1](#ii.-background)

[**III.** **ASSUMPTIONS** 5](#iii.-assumptions)

[**IV.** **COST OF PROPOSED CHANGES** 6](#iv.-cost-of-proposed-changes)

[**V.** **BENEFITS OF THE PROPOSED RULE**
14](#__RefHeading___Toc178650493)

[**VI.** **CONCLUSION** 15](#vi.-conclusion)

# EXECUTIVE SUMMARY

This Notice of Proposed Rulemaking (NPRM) proposes to amend the rules
for sport pilots and flight instructors with a sport pilot rating. The
FAA believes these changes are necessary to address pilot 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 airman certificates.

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
maximum airspeed in level flight with maximum continuous power (V~H~)
greater than 87 knots calibrated air speed (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.

[]{.mark}

The FAA has determined that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
This proposed rule would have no significant impact on international
trade. This proposed rule does not contain an unfunded mandate.

[]{.mark}

# I. INTRODUCTION

The FAA proposes to amend and reorganize some of the certification rules
for sport pilots and flight instructors with a sport pilot rating. The
FAA believes these proposed changes are necessary to improve safety for
sport pilots and flight instructors with sport pilot ratings. One
intended effect of these proposed changes is to ensure more acceptable
quality control of the certification process for sport pilots and flight
instructors with sport pilot ratings. These proposed changes would
enable the FAA to have a more effective regulatory oversight of these
airmen. These proposed changes would also increase safety in light-sport
aviation by adding new training requirements for sport pilots flying
aircraft with a V~H~ greater than 87 knots calibrated airspeed (CAS) and
by requiring completion of a practical test in lieu of a proficiency
check administered by an authorized instructor to obtain category and
class privileges. In addition, the proposed rule would change minimum
safe altitude rules for pilots of powered parachutes and
weight-shift-control aircraft operating in other than congested areas,
allowing these pilots to more fully utilize the capabilities of their
aircraft.

[]{.mark}

# II. 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 adopting this rule, the FAA has been evaluating the
process for certificating sport pilots and flight instructors with a
sport pilot rating. The FAA has determined that changes to pilot and
flight instructor certification requirements are necessary to better
manage the light-sport aviation program and improve safety.

Under the current regulation, if the holder of a pilot certificate
wishes to gain additional aircraft category and class privileges at the
sport pilot level, he or she need only complete a proficiency check
administered by an authorized instructor. On successful completion of a
proficiency check, the authorized instructor provides the certificate
holder with a logbook endorsement to exercise sport pilot privileges in
the category and class of aircraft for which that proficiency check was
administered. The authorized instructor is also required to send FAA
Form 8710-11 to the FAA.

Authorized instructors, unlike FAA-designated pilot examiners (DPEs),
are not required to receive training on giving proficiency checks or
practical tests. Because many instructors may not be familiar with the
FAA's procedures, the FAA does not have records for all sport pilots who
have been granted privileges through instructor endorsements. The FAA
now believes that a person seeking privileges to operate an additional
category and class of light-sport aircraft as a sport pilot should get
the suitable category and class rating. This would be consistent with
the system for issuing all other FAA pilot certificates and ratings and
ensure that records of airman qualification are readily available to the
FAA and the National Transportation Safety Board (NTSB) during accident
and incident investigations or enforcement actions. This would
effectively end the current practice of authorized instructors
administering proficiency checks, as DPEs would assume this
responsibility. In addition, a pilot possessing a certificate indicating
his or her current ratings could verify his or her credentials in case
original documents were lost or destroyed. Listing a pilot's
qualifications on his or her airman certificate would also remove the
need for a pilot to carry a logbook in flight.

The proposed rule would affect new applicants, current holders of sport
pilot certificates, and holders of other pilot certificates with sport
pilot privileges. If adopted, the rule would require a new applicant for
sport pilot privileges in a category and class of aircraft to complete a
practical test given by a DPE. A current holder of a pilot certificate
with sport pilot privileges that is not on record with the FAA would
have to present evidence of endorsements to a DPE or an FAA inspector to
get a new sport pilot certificate indicating his or her current ratings.

The proposed rule would eliminate the requirement for holding a
make-and-model endorsement for a specific type of aircraft. It would,
however, add specific regulatory provisions for endorsements for the
operation of powered parachutes with elliptical wings and aircraft with
a V~H~ of less than or equal to 87 knots CAS. Pilots who hold
recreational pilot certificates and higher, who are already required to
earn privileges to operate additional categories and classes of aircraft
through a DPE, would not be affected.

The FAA is proposing to require that flight instructors with a sport
pilot rating earn sport pilot instructor ratings indicating suitable
category and class privileges on their flight instructor certificates.
Regulations for flight instructors with a sport pilot rating (part 61
subpart K) would be moved to subpart H to eliminate confusion by
standardizing certification requirements for all flight instructors.

The FAA also believes that current training requirements for sport
pilots seeking to operate light sport aircraft with a V~H~ greater than
87 knots CAS should be revised. Specifically, many sport pilots operate
aircraft with instrument flying capabilities, but have not received
training on how to utilize those capabilities. Also, many student pilots
find it difficult to meet the requirement of receiving three hours of
training in the sixty days before taking a practical exam. The proposed
rule would address these issues while incorporating other changes that
would clarify the light-sport aviation rules and better serve the
light-sport aviation community.

The FAA seeks to revise minimum safe-altitude requirements for powered
parachutes and weight-shift-control aircraft. Currently, powered
parachutes and weight-shift-control aircraft pilots 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. 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 in 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. ASSUMPTIONS

In this analysis, the FAA estimated future costs for a 10-year period,
from 2008 to 2017. As required by the Office of Management and Budget,
the present value of this stream of costs was calculated using a
discount factor of 7 percent. All costs in this analysis are in 2006
dollars.

*Population*

Population of current sport pilots -- 5,000

Population of current instructors with a sport pilot rating -- 600

Sport pilot population growth rate -- population will increase by 400
pilots every two years

*Reprinting/ Re-Application*

Estimated percentage of pilots and instructors who would have to
complete a new FAA Form 8710.11 application -- 35%

Average time spent to complete a new application -- 10 minutes

Average time required for FAA to review a new application -- 15 minutes

Average time required for FAA to reprint a certificate -- 10 minutes

Postage cost - \$0.41 per certificate

Average time spent driving to/from FSDO if new application required -- 2
hours

Car costs - \$45

Value of Sport Pilot time - \$31.50/hr

Sport Pilot Instructor wage rate - \$37.43/hr

DPE wage rate - \$108.01/hr

Clerical FAA burdened wage rate[^1] - \$27.17/hr

*Instrument Training*

Aircraft Rental for Instrument Training - \$95.00/hr

Time required in the air for instrument training -- 1 hour

Total time required with an instructor for instrument training -- 2
hours

Estimated percentage of sport pilots required to take instrument
training -- 50%

Number of airplanes affected by instrument training -- 927, to increase
by 75 airplanes every two years

*Practical Exams*

Average Cost of Practical Exam when given by an Authorized Instructor -
\$200

Average Cost of Practical Exam when given by a Designated Pilot
Examiner - \$350

# 

# IV. COST OF PROPOSED CHANGES

[a. Cost for Pilots Who Automatically Receive New
Certificates]{.underline}

Pilots who were previously given proficiency checks and cleared to fly
by authorized instructors would have to get a sport pilot certificate
with the proper endorsements. In cases where the authorized instructor
provided the relevant information to the FAA, this would result in
minimal burden on these pilots, who would automatically receive a new
certificate in the mail.

The FAA estimates that roughly 3,250 sport pilots[^2] would receive new
certificates automatically. Similarly, roughly 390 authorized
instructors[^3] would receive new certificates automatically. The total
number of affected pilots and instructors who would automatically
receive new certificates is 3,640. Multiplying that sum by the wage rate
and amount of time spent by the FAA clerical employee to enter the
application (\$27.17\*1/6\*3640) gives a cost of \$16,483. Adding this
to mailing costs (\$0.41\*3640= \$1,492) yields a total cost of \$17,976
(\$16,800 discounted) that would accrue to the FAA.

[b. Cost for Pilots and Instructors Who Will Need To File a New
Application]{.underline}

The FAA estimates that roughly 1,750 sport pilots[^4] would be required
to resubmit a new FAA Form 8710.11. The total cost to pilots was
determined by multiplying the number of pilot applications by the value
of his or her time and time spent completing a new application
(1,750\*\$31.50\*1/6 = \$9,188). This was then added to travel costs,
which includes the value of the pilot's travel time (1,750\*\$31.50\*2 =
\$110,250) and car costs (1,750\*\$45.00 = \$78,750). Finally, to
estimate processing costs the number of applications was multiplied by
the DPE's wage rate and time spent examining the application
(1,750\*\$108.01\*1/4 = \$47,254). Therefore, the total cost for pilots
in this group would be about \$245,000 (\$229,000 discounted).

The FAA also estimates that roughly 210 authorized instructors[^5] would
be affected by the rule. The total cost of the rule for instructors was
determined by multiplying the number of applications by the instructor's
wage and time spent completing a new application (210\*\$37.43\*1/6 =
\$1,310). This was then added to travel costs, which includes the value
of the pilot's travel time (210\*\$37.43\*2 = \$15,721) and car costs
(210\*\$45.00 = \$9,450). Finally, to estimate processing costs the
number of applications was multiplied by the DPE's wage rate and time
spent on the application (210\*\$108.01\*1/4 = \$5,671). Therefore, the
total cost for instructors in this group would be about \$32,000
(\$30,000 discounted).

Once the new pilot and instructor applications have been completed, an
FAA employee would have to enter the data into the FAA records, and the
agency would issue the certificates. There are a total of 1,960
applications that will be entered. Multiplying that sum by the wage rate
and amount of time spent by the FAA clerical employee to do so
(\$27.17\*1/6\*1960) gives a cost of \$8,876 (\$8,296 discounted) that
would accrue to the FAA.

The total cost for reissuing certificates to pilots and instructors
without a current form 8710.11 on file would be roughly \$286,000
(\$277,000 discounted).

[c. Additional Instrument Training Requirements for Pilots of Airplanes
with a V~H~ Greater Than 87 Knots CAS]{.underline}

The rule proposes to adjust training requirements for a particular group
of sport pilots. The proposed rule would require all sport pilots flying
airplanes with a V~H~ greater than 87 knots CAS to receive an
endorsement which would be earned by completing one hour of instrument
flight training. The FAA estimates that this training may require up to
two hours of a pilot's and flight instructor's time. One hour of this
training must be logged in the air, while the other hour may be needed
to obtain and return a rental airplane, to complete ground instruction,
to fill out documents upon completion of the training, etc. There would
also be a new endorsement required for affected pilots. On completion of
this training, which may be taken during initial student training or
after, these pilots would receive a logbook endorsement.

The FAA estimates that over 10 years, 12,500 sport pilots would be
subject to the extra training. The cost of this training was estimated
by first multiplying the total number of affected pilots by the
authorized instructor's wage and the total hours necessary for training
(12,500\*\$37.43\*2 = \$935,750). Added to this were the value of the
pilot's time during training (12,500\*\$31.50\*2 = \$787,500), travel
costs (12,500\*(\$45+ \$31.50\*2) = \$1,350,000) and plane rental costs
(12,500\*\$95 = \$1,187,500). Over a ten-year period the total cost of
earning this required endorsement would be \$4.26 million (\$3.06
million, discounted). Table 1 below shows how these costs were
calculated.

![](media/image2.png){width="6.990972222222222in" height="2.40625in"}

[d. Special Endorsement for Powered Parachutes with Elliptical
Wings]{.underline}

The FAA is also proposing to require sport pilots (and student pilots
seeking a sport pilot certificate) to receive a logbook endorsement if
they desire to operate powered parachutes with elliptical wings.
However, if a pilot is already authorized to operate such an aircraft,
an endorsement would not be required. Therefore, current pilots would
not have to take any action as a result of this rulemaking. Future
pilots would receive such an endorsement upon completion of their
training. Since the FAA anticipates no additional training would be
required to receive this endorsement in excess of the normal training
necessary to operate this type of aircraft, this provision would not add
any additional costs to this rulemaking.

[e. Maintenance Requirements and Records for Special Light-Sport
Aircraft (SLSA)]{.underline}

The proposed rule includes clarifications and revisions for operators of
experimental light-sport aircraft. It would amend §43.1 to except
experimental light-sport aircraft previously certificated as special
light-sport aircraft from the maintenance and preventive maintenance
requirements of Part 43. The proposed rule would require owners and
operators to retain a record of the current status of applicable safety
directives and to transfer that information at the time of sale of the
aircraft. It is estimated that operators would spend no more than two
hours per aircraft per year complying with this requirement. As a
result, the FAA expects that operators would incur a cost of
approximately \$680,000 (\$470,000 discounted) over a ten-year period.
Table 2 below shows how these costs were calculated.

![](media/image3.png){width="4.56875in" height="2.69375in"}

[f. Changes to Sport Pilot Practical Test Administration]{.underline}

Currently, authorized instructors are allowed to issue privileges to
operate a light-sport aircraft after the completion of a proficiency
check. The FAA is modifying this practice by requiring completion of a
practical test typically administered by an FAA-designated pilot
examiner. DPEs typically charge more than authorized instructors for a
practical exam. In Table 3 below, the change in cost is estimated by
computing the average difference between the prices charged by a DPE and
an authorized instructor. This difference is then multiplied by the
projected number of total sport pilot certifications to give the total
cost. As shown in Table 3 below, the FAA estimates that this change will
cost approximately \$3.0 million (\$2.0 million, discounted).

![](media/image4.png){width="6.183333333333334in"
height="2.6222222222222222in"}

[g. Changes to Minimum Altitude Requirements]{.underline}

The FAA is 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 any person or property on the surface. Since
the proposed rule allows pilots of these aircraft to fly at a lower
altitude than currently allowed over other than congested areas, no
extra costs would be incurred.

[h. Other Miscellaneous Changes]{.underline}

The proposed rule includes a number of no-cost clarifications and
revisions. The proposed rule would clarify the cross-country distance
requirements for weight-shift-control aircraft private pilot training.
However, this clarification would not impose any new requirements on
pilots or instructors and thus would impose no extra costs. The proposed
rule would also clarify that an authorized instructor must be on board a
powered parachute when providing flight instruction to a student pilot.
Since this is required under current regulations, this would not impose
any additional costs.

This rulemaking would also reduce the hours of flight training an
applicant must receive during the 60 days before taking a practical
test. This training requirement would be reduced from three hours to
two, 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 proposed rule would also remove the
requirement for student pilots seeking a sport pilot certificate to
receive training on the use of radios for VFR navigation and two-way
communications. However, these changes will not lead to any changes in
the total amount of training time required to obtain certification, and
thus there would be no change in costs.

The proposed rule would remove all expired ultralight transition
provisions. The proposed rule also contemplates allowing private pilots
with powered parachute and weight-shift-control aircraft ratings to
receive compensation for production flight testing, which again would
incur no costs. The removal of all expired ultralight transition
provisions from Part 61 does not affect the cost of this rule. The rule
would also allow for the use of special light-sport aircraft in FAA
approved courses under Part 141, which would not result in added costs.
Similarly, provisions of the rule that serve to clarify current practice
or that affect the placement of regulations in the Code of Federal
Regulations would also incur no extra costs.

[i. Total Cost of this Rulemaking]{.underline}

As shown in Table 4 below, the FAA estimates that the total cost of this
rulemaking would be \$8.2 million (\$5.8 million, discounted). The FAA
requests comments on whether these changes in aggregate would result in
other noticeable costs and requests that all comments be accompanied by
clear and detailed supporting economic documentation.

# ![](media/image5.png){width="6.3125in" height="2.1638888888888888in"}

[]{#__RefHeading___Toc178650493 .anchor}

**V. BENEFITS OF THE PROPOSED RULE**

Currently, sport pilots who fly airplanes with a V~H~ greater than 87
knots CAS are not required to receive any specific amount of flight
training on the use of instruments. The proposed rule would require all
persons exercising sport pilot privileges in an airplane with a V~H~ of
greater than 87 knots CAS receive an endorsement for instrument
training. This endorsement can only be obtained through one hour of
flight training with an authorized instructor. This rulemaking would
increase safety by reducing the potential of an accident, especially at
night or in bad weather. Such knowledge is necessary because airplanes
with a V~H~ greater that 87 knots CAS are more likely to be used on
cross-country flights. On these flights, pilots will have a greater
chance of encountering unforecasted meteorological conditions. If a
sport pilot does encounter instrument meteorological conditions, this
basic instrument training would increase the likelihood of the pilot to
be able to safely return to visual meteorological conditions and land
the airplane.

Pilots of powered parachutes and weight-shift-control aircraft would
also benefit from this rulemaking. They would be allowed to safely
operate over other-than-congested areas at altitudes of less than 500
feet, provided the operation is conducted without hazard to persons or
property on the surface. Many of these aircraft have been designed with
the intent of conducting operations at altitudes below those permitted
by the current regulations. This rulemaking would allow these operators
to fly at lower altitudes legally. This would allow sport pilots to more
fully utilize the operational characteristics of their aircraft.

Another benefit to sport pilots is that the FAA would now have an
enhanced ability to replace lost, destroyed, or otherwise unavailable
airman credentials. Currently, authorized instructors place the proper
endorsements for the operation of a category and class of light-sport
aircraft in a pilot's logbook. If the logbook is lost, destroyed, or
otherwise becomes unavailable, it is difficult for a person to obtain
proof that he or she was granted privileges to fly a specific type of
aircraft unless a record has not been submitted to the FAA. This
rulemaking would remove this burden on pilots by issuing certificates
with ratings that can be easily verified and replaced if necessary.

Finally, the proposed rule would benefit those pilots of powered
parachutes or weight-shift-control aircraft who desire to engage in
production flight testing. The rule would allow these pilots to receive
compensation for production flight testing of a special light-sport
aircraft.

# VI. CONCLUSION

The FAA concludes that the proposed rule would improve aviation safety
while imposing only moderate costs on the FAA and members of the sport
pilot community. Therefore, the FAA has determined the proposed rule
would be cost-beneficial. The FAA requests comments on this
determination.

[^1]: The average FAA clerical worker earns at the FG-07 level; their
    hourly rate, including all benefits, in 2006, was \$27.17 per hour.
    All hourly wage rates for government employees are increased by
    32.45% to account for all fringe benefits. This fringe benefits
    factor was derived from Table 4-5, page 4-22, of the Economic Values
    for Evaluation of Federal Aviation Administration Investments and
    Regulatory Programs (Values), DOT; this Draft Final Report, dated
    December 31, 2004 can be found at the FAA website at
    http://www.faa.gov/regulations_policies/policy_guidance/benefit_cost/.
    For this computation, the FAA is using the 2006 Locality Pay Table
    for the Washington, D.C. area; an FG-07, step 5 earned \$19.91 per
    hour. Multiplying this by 1.3245 equals \$27.17 per hour.

[^2]: 5,000 sport pilots x 0.65

[^3]: 600 authorized instructors x 0.65

[^4]: 5,000 sport pilots x 0.35

[^5]: 600 authorized instructors x 0.35