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

FINAL RULE 

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

Office of Aviation Policy and Plans 

Operations Regulatory Analysis Branch, APO-310 

May 2009 
TABLE OF CONTENTS

EXECUTIVE SUMMARY ............................................................................................................. i 

I. INTRODUCTION .................................................................................................................. 1 

II. BACKGROUND .................................................................................................................... 1 

III. CHANGES FROM THE PROPOSED RULE TO THE FINAL RULE................................. 3 

IV. COST OF THE FINAL RULE ............................................................................................... 7 

V. BENEFITS OF THE FINAL RULE..................................................................................... 10 

VI. DETERMINATION ............................................................................................................. 11 
i

EXECUTIVE SUMMARY 

This final rule will amend the rules for sport pilots and flight instructors with a sport pilot 

rating. The FAA believes these changes are necessary to better manage the sport pilot 

program. 

The total cost of this rule will be roughly $683,000 ($472,000 discounted). This cost is due to 

the new requirement that owners and operators of special light-sport aircraft keep a record of 

the current status of applicable safety directives and to transfer that information on sale of the 

aircraft. This rule will benefit sport pilots by establishing more appropriate training 

requirements and eliminating unnecessary endorsements. Additionally, this rule will benefit 

pilots of powered parachutes and weight-shift-control aircraft by allowing them to fly at lower 

altitudes legally, enabling them to better take advantage of their aircraft’s features and 

abilities. Also, this rule will increase the maximum altitude at which sport pilots (or student 

pilots seeking sport pilot privileges) may fly, up to a maximum of 10,000 ft MSL or 2,000 ft 

AGL, whichever is higher. The FAA believes the benefits of this final rule justify its costs; 

therefore, this rule is cost-beneficial. 

The FAA has determined that this final rule will not have a significant economic impact on a 

substantial number of small entities. This final rule will have no significant impact on 

international trade. This final rule does not contain an unfunded mandate. 
1

I. INTRODUCTION 

This final rule will amend the rules for sport pilots and flight instructors with a sport pilot rating. 

The FAA believes these changes are necessary to better manage the sport pilot program. 

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 

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 rule and has since 

proposed several changes, most of which either clarify current regulations or provide relief to 

sport pilots, student pilots seeking a sport pilot certificate and flight instructors with a sport pilot 

rating. The FAA believes these changes will improve the sport pilot program. 

This final rule will do the following: 

• remove the requirement that persons exercising sport pilot privileges have an aircraft 

make-and-model endorsement to operate a specific set of aircraft; 

• 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; 

• allow anyone 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; 
2

• allow 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; 

• revise solo cross-country navigation and communication flight training requirements for 

student pilots seeking a sport pilot certificate; 

• clarify cross-country distance requirements for private pilots seeking to operate weightshift-control aircraft; 

• revise the aeronautical experience requirements pertaining to operations at towered 

airports for anyone seeking to operate a powered parachute or weight-shift-control 

aircraft as a private pilot; 

• remove the requirement for pilots with powered parachute and weight-shift-control 

aircraft ratings to take a knowledge test for another rating at the same certificate level; 

• revise the number of hours of flight training an applicant for a sport pilot certificate must 

log within the preceding 2 calendar months from the month of the practical test; 

• remove expired ultralight transition provisions and limit the use of aeronautical 

experience gained in ultralight aircraft; 

• clarify that an authorized instructor must be in a powered parachute when providing 

flight instruction to a student pilot; 

• remove the requirement for aircraft certificated as experimental light-sport aircraft under 

§21.191 (i) 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; 

Deleted: within 60 days before taking 

the practical test
3

• require aircraft owners or operators to keep a record of the current status of applicable 

safety directives for special light-sport aircraft; 

• provide for use of aircraft with a special airworthiness certificate in the light-sport 

category in training courses approved under part 141; and 

• revise minimum safe-altitude requirements for powered parachutes and weight-shiftcontrol aircraft. 

III. CHANGES FROM THE PROPOSED RULE TO THE FINAL RULE 

As well as those changes that will be enacted as discussed above in Section II, the FAA 

originally proposed to change the way sport pilots and sport pilot instructors were certificated. 

These proposed changes 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 and class ratings on all flight instructor certificates; and (3) remove current provisions 

for the conduct of proficiency checks by flight instructors and include provisions for the issuance 

of category and class ratings, typically by designated pilot examiners. The regulatory evaluation 

for the NPRM included the costs of these proposals. 

Currently, for a holder of a pilot certificate to earn added aircraft category and class privileges at 

the sport pilot level, that person must complete a proficiency check provided by an authorized 

instructor. On successful completion of that proficiency check, that person receives a logbook 

endorsement from the instructor. That endorsement allows the person to exercise sport pilot 

privileges in the category and class of aircraft in which the proficiency check was administered. 

Deleted: 
4

Similarly, for a flight instructor to earn privileges to provide instruction leading to the issuance 

of a sport pilot certificate in an added 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, that person 

must complete a proficiency check given by an authorized instructor. On successful completion 

of that proficiency check, that person receives a logbook endorsement from the instructor who 

gave the proficiency check. That endorsement allows 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. 

The FAA introduced these proposals because of concerns the agency may not be receiving 

documentation from authorized instructors after proficiency checks have been successfully 

completed. This led to the following concerns: (1) if there were an accident or incident, it may 

not be possible to determine if an individual was authorized and qualified to operate the aircraft; 

(2) if a person lost his or her logbook, it could hinder that person’s ability to prove that he or she 

had privileges to operate a specific category and class of aircraft; and (3) if the FAA does not 

know which pilots are authorized to exercise added category and class privileges through 

logbook endorsements, the agency cannot provide safety information to affected pilots. 

With these concerns in mind, the FAA proposed that holders of sport pilot (or other) certificates 

with category and class privileges obtained through instructor endorsements be issued pilot 

certificates with the category and class ratings corresponding to the privileges previously granted 

through instructor endorsements; and flight instructors with a sport pilot rating obtain 
5

appropriate category and class ratings, which would be indicated on that person’s flight 

instructor certificate. 

Under the Notice of Proposed Rulemaking (NPRM), there would have not been any added 

burden on current certificate holders if the FAA had a record of their endorsements. However, 

those whose records were not on file with the FAA would have had to complete an Airman 

Certificate and/or Rating Application- Sport Pilot (FAA Form 8710-11). This would be 

presented, with evidence of their endorsements, to a designated pilot examiner or FAA inspector 

before the FAA would issue that person a certificate with corresponding category and class 

ratings. However, as discussed in the preamble to the NPRM, the FAA is withdrawing the 

proposal to remove the requirement for persons exercising sport pilot privileges and flight 

instructors with a sport pilot rating to have to carry their logbooks while in flight. 

The FAA also had proposed the practice of gaining privileges to operate a light-sport aircraft 

after completion of a proficiency check by an authorized instructor would be discontinued. 

Instead, ratings (indicated on a person’s pilot certificate rather than by endorsement in a 

logbook) would be issued after completing a practical test typically given by an FAA-designated 

pilot examiner (DPE). The FAA’s rationale for proposing to require applicants to take a 

practical test from a DPE was that DPEs receive initial and recurrent training in giving practical 

tests, and they are directly supervised by an aviation safety inspector. Also, 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. In contrast, authorized instructors are generally 

Deleted: P

Deleted: proposed requirement for 

Deleted: not 
6

not trained to give tests leading to the issuance of certificate privileges, and the FAA does not 

have procedures in place to oversee this. 

In a related proposal, the FAA sought comments on whether to move the requirements for flight 

instructors with a sport pilot rating currently found in part 61 subpart K to part 61 subpart H so 

that all flight instructor requirements would be located in one subpart and standardized. As 

stated in the NPRM, if the proposed changes for issuing flight instructor certificates with a sport 

pilot rating were 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. 

In light of several unfavorable comments received, the FAA has decided to withdraw the 

portions of the NPRM related to replacing sport pilot and sport pilot flight instructor 

privileges with aircraft category and class ratings. In addition, the FAA is withdrawing 

the proposed requirement that proficiency checks be replaced by practical tests conducted 

by the FAA or DPEs instead of authorized instructors, as well as the proposal to move all 

requirements for flight instructors with a sport pilot rating from subpart K to subpart H. 

Instead, the FAA is employing non-regulatory measures to address the agency’s concern 

that flight instructors have not been filing the appropriate documentation with the FAA, 

leading to the FAA’s airman database being incomplete. (Further details can be found in 

the preamble to the Final Rule.) 

Deleted: P
7

The FAA also believed, in the NPRM, that current training requirements for sport pilots seeking 

to operate light sport aircraft with a VH greater than 87 knots CAS should be changed. 

Specifically, many sport pilots operate aircraft with instrument flying capabilities, but have not 

received training on how to use those capabilities. The proposed rule would 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 VH greater than 87 

knots CAS. This training would also apply to sport pilots operating airplanes with a VH greater 

than 87 knots CAS. After receiving several comments in opposition, the FAA has decided to 

withdraw this proposal. 

IV. COST OF THE FINAL RULE 

In this analysis, the FAA estimated future costs for a 10-year period, from 2010 to 2019. 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. In addition, it is assumed the number of special 

light-sport aircraft pilots grows by 2.86 percent per year.1

 All costs in this analysis are in 2008 

dollars. 

The final rule will include clarifications and revisions for operators of light-sport aircraft. It will 

amend §43.1 to except experimental light-sport aircraft previously certificated as special lightsport aircraft from the maintenance and preventive maintenance requirements of Part 43. The 

final rule will require owners and operators to keep a record of the current status of applicable 

safety directives and to transfer that information when the aircraft is later sold. It is estimated 

 

1

 This growth rate was estimated from data provided by the Light Sport Aviation Branch, AFS-610. 
8

that operators will spend no more than two hours per aircraft per year complying with this 

requirement. As a result, the FAA expects that operators will incur a cost of roughly $683,200 

($472,400 discounted) over a ten-year period. Table 1 below shows how these costs were 

calculated. 

Table 1: SLSA Maintenance Requirement Costs 

Year 

Number 

of SLSA 

Aircraft 

Hours 

Required 

Per 

Aircraft 

Value of 

Pilot / 

Operator 

Time 

Total 

Cost 

Discount 

Factor 

Discounted 

Cost 

 a b c a x b x c 

2010 953 2 $31.50 $60,039 0.93458 $56,111

2011 980 2 $31.50 $61,740 0.87344 $53,926

2012 1008 2 $31.50 $63,504 0.81630 $51,838

2013 1037 2 $31.50 $65,331 0.76290 $49,841

2014 1066 2 $31.50 $67,158 0.71299 $47,883

2015 1096 2 $31.50 $69,048 0.66634 $46,010

2016 1127 2 $31.50 $71,001 0.62275 $44,216

2017 1159 2 $31.50 $73,017 0.58201 $42,497

2018 1192 2 $31.50 $75,096 0.54393 $40,847

2019 1226 2 $31.50 $77,238 0.50835 $39,264

 $683,172 $472,432

The final rule includes some provisions that will provide relief to sport pilots and student pilots 

seeking a sport pilot certificate and flight instructors with a sport pilot rating. Although there 

may be some cost savings resulting from these provisions, the FAA is unable to quantify them. 

The final rule will remove the requirement for pilots with only powered parachute and weightshift-control aircraft ratings to take a knowledge test for another rating at the same certificate 

level (see §61.63). It will also reduce the number of hours of flight training an applicant for most 

types of sport pilot privileges must log within the preceding 2 calendar months from the month of the 

practical test from three to two (see §61.313). For those seeking a sport pilot certificate with (1) 

powered-parachute category land or sea class privileges or (2) lighter-than-air category and 

balloon-class privileges, this rule will only require that one hour be logged within the preceding 2 

Deleted: training that applicants for 

most types of sport pilot privileges must 

log within 60 days prior to taking the 

practical test
9

calendar months from the month of the practical test. For gliders, this rule will reduce the 

aeronautical experience that must be logged in preparation for the practical test from 3 hours to 3 

training flights. This rule will 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, unless those radios are installed in the aircraft to be flown. 

The final rule also includes provisions that are relieving to owners of experimental light-sport 

aircraft and sport pilot instructors. It will remove the requirement for an aircraft certificated as 

an 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 (see §43.1). It will also allow 

for use of aircraft with a special airworthiness certificate in the light-sport category in training 

courses approved under part 141 (see §141.39). It will 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 (see §61.415). 

The final rule also includes several no-cost clarifications and revisions. It will amend §91.119 to 

allow powered parachutes and weight-shift-control aircraft to be operated over other-thancongested areas at less than 500 feet above the surface, provided the operation is conducted 

without hazard to any person or property on the surface. It will also allow anyone 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 ft AGL, whichever is higher. It will 

clarify the cross-country distance requirements for weight-shift-control aircraft private pilot 

Deleted: within the 60-day period 

before the practical test
10

training. However, this clarification will not impose any new requirements on pilots or 

instructors and thus will impose no extra costs. The rule will 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 will not impose any extra costs. 

The final rule will remove all expired ultralight transition provisions. The removal of all expired 

ultralight transition provisions from Part 61 will not affect the cost of this rule. Similarly, 

provisions of the rule that serve to clarify current practice or that affect the placement of 

regulations in the Code of Federal Regulations will also incur no added costs. 

As a result, the FAA estimates the total cost of this rulemaking to be $683,200 ($472,400 

discounted). This cost comes from the final rule requirement that owners and operators keep a 

record of the current status of applicable safety directives. 

V. BENEFITS OF THE FINAL RULE 

This rule benefits sport pilots, student pilots seeking a sport pilot certificate, and flight 

instructors with a sport pilot rating in several ways; however, the FAA is unable to quantify 

them. Pilots of powered parachutes and weight-shift-control aircraft will benefit, as they will 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 people or property on the surface. Many 

of these aircraft have been designed with the intent of conducting operations at altitudes below 

those allowed by the current regulations. This rulemaking will allow these operators to fly at 

lower altitudes, enabling them to more fully use the features of their aircraft. Conversely, this 

Deleted: legally
11

rule also increases the maximum altitude that sport pilots or anyone seeking sport pilot privileges 

may fly at up to a maximum of 10,000 ft MSL or 2,000 ft AGL, whichever is higher. 

The final rule will benefit those pilots of powered parachutes or weight-shift-control aircraft who 

wish to engage in production flight-testing. The rule will allow these pilots to receive 

compensation for production flight-testing of a special light-sport aircraft. This final rule will 

benefit those who buy special light-sport aircraft, as the new owners will have all the applicable 

safety directives for their aircraft and can use that information to more safely operate their 

aircraft. Finally, the final rule clarifies several existing regulations, resulting in easier program 

administration for both the FAA and those in the field. 

VI. DETERMINATION 

The FAA concludes the final rule will improve aviation safety by ensuring that directives are up 

to date while imposing only small costs on members of the sport pilot community. In addition, 

the other provisions are either relieving or impose either no or minimal cost without degrading 

safety. Therefore, the FAA has determined the rule will be cost-beneficial.