''"'-' Exemption No. 10071 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

AERO SPORTS CONNECTION, INC. 

for an exemption from § 21.l91(i)(l) 

ofTitleM, Codeof 

Federal Regulations 

Regulatory Docket No. FAA-2009-0344 

CORRECTED COPY 

The FAA is reissuing Denial of Exemption No. 10071 to correct an error found on page 4, 

line 1. The phrase "not void" has been collected to read "now void. 

DENIAL OF EXEMPTION 

By letter dated March 27,2009, Mr. James G. Stephenson, Aero Sports Connection, Inc. 

(ASC), P.O. Box 589, Marshall, MI 49068, petitioned the Federal Aviation Administration 

(FAA) on behalf of ASC for an exemption from § 21.191(iXl) of Title 14, Code of Federal 

Regulations (14 CFR). The proposed exemption, if granted, would enable ASC members who 

hold experimental light sport aircraft (ELSA) airworthiness certificates of limited expiry to be 

issued amended certificates with unlimited expiry. The petitioner is requesting these 

conversions be allowed until January 31, 2012. 

The petitioner requests relief from the following regulation: 

Section 21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

>x * * * * 

(i) Operating light-sport aircraft. Operating a light-sport aircraft that -

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(I) Has not been issued a U.S. or foreign airworthiness certificate and does not meet the 

provisions of § 103.1 of this chapter. An experimental certificate will not be issued under this 

paragraph for these aircraft after January 31, 2008; 

The January 31, 2008, date in paragraph (i)(l) was extended to January 31, 2010, for ASC 

members by Exemption No. 6080H issue by the FAA on January 18, 2008 (Regulatory 

Docket No, FAA-2000-8425). Further extension of Exemption No. 608QH beyond 

January 31, 2010, was denied by the FAA in Exemption No. 10026 on March 23, 2010 

(Regulatory Docket No, FAA.2000-8425). 

The petitioner supports it& request with the following information: 

ASC proposes "to operate an exemption process similar to that established under exemption 

6080(H)," to permit airworthiness certificate amendment or re-inspection to unlimited expiry 

until January 31, 2012. ASC requests a two year extension of conversion privileges. ASC 

states its request would "allow amendment or re-inspection such the Airworthiness Certificate 

and Operating Limitations may be corrected." 

ASC notes that "§ 21.191(i)(l) may not be used after January 31,2008," (January 31, 2010, 

with Exemption No. 6080H ) to certificate aircraft in the experimental aircraft light-sport 

category. ASC ftuther states that if these aircraft fail to convert to the unlimited expiry by the 

deadline, "diey will not be able to enter the system and thus creating a major expense to the 

owners." 

ASC references conditions specified in FAA Order 8130.2, Airworthiness Certification of 

Aircraft and Related Products, Change 3 (April 18, 2007), which specifies the Airworthiness 

Certificates of these aircraft will expire on January 31,2010. ASC also claims the Operating 

Limitations for these aircraft have an expiration date of January 31, 2010. ASC states that 

"This dual imposition makes for a significant loss of potential." ASC asserts there would be 

no adverse effect on safety by issuing airworthiness certificates after January 31, 2010. 

ASC' S public interest statement notes that "if these aircraft become unusable they will cost 

owners value." It also claims "They will also become attractive hazards, promoting illegal 

operation." In addition ASC states "This deadline extension is the last hope for most of these 

aircraft." "They will not meet the amateur built rules." ASC asserts that it is in the public 

interest to obtain the safety benefits resulting from completing the conversion for those 

aircraft needing conversion to imlimited airworthiness certificate duration. 

ASC's equivalent safety argument is that there is no adverse effect on safety by permitting 

those aircraft to be issued an unlimited airworthiness certificate after the January 31,2010 

deadline. This argument is based on the claim that ultralight-like aircraft that meet the 

definition of light-sport aircraft are no longer permitted to conduct operations without 

airworthiness certificates under exemptions to 14 CFR § 103.1 after January 31, 2008, and 

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ultralight-like aircraft that have been registered are not permitted to be operated unless a valid 

airworthiness certificate has been issued for those aircraft. 

The FAA'S analysis is as follows: 

A summary of the petition was published in the Federal Register on July 30, 2009 

(74 FR 38082). We received one negative comment. ASC's asserts this new request for 

exemption would not set precedent and does not differ from the original grant of Exemption 

No. 6080H to the ELSA operating fleet. The FAA disagrees. Exemption No. 6080H was 

issued to permit an additional two years to obtain an initial airworthiness certificate. This 

petition is to grant an additional two years to change an existing airworthiness certificate with 

limited duration to one of unlimited duration. 

The FAA has considered fully the petitioner's request and finds that a grant of exemption 

would not be in the public interest, and the petitioner has not shown how an exemption would 

not adversely affect safety. 

The final rule. Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft, 

which added § 21.191(i)(l), established a deadline for the issuance of experimental 

certificates to operate a light-sport aircraft (Docket No. FAA-2001-11133, 69 FR 44772, 

July 27, 2004). The rule states that the FAA will not issue an experimental certificate under 

§ 21.191(i)(l) after January 31,2008. The FAA subsequently issued Exemption No. 6080H 

to ASC extending the deadline for issuance of these experimental certificates until 

January 31, 2010. The exemption allowed applicants to complete certain actions necessary for 

the issuance of experimental certificates for aircraft that had already been registered by 

January 31, 2008. This petition would permit those ASC member aircraft that met either the 

January 31, 2008, rule deadline or January 31,2010, exemption deadline, and that received an 

experimental airworthiness certificate with an expiration date, to be covered by a further 

extension of Exemption No. 6080H until January 31,2012. ASC wants these aircraft to be 

allowed to obtain an experimental airworthiness certificate under the authority of the nowexpired § 21.191 (i)( 1) privilege. 

In its petition, ASC correctly notes the 2004 rule established a period of more than 5 years for 

applicants to obtain airworthiness certificates to operate a light-sport aircraft under 

§ 21.191(i)(l). Exemption No. 6080H already extended those 5 years to 7 years. ASC's 

explanation for extension to 9 years is not deemed sufficient for a general grant of exemption 

to an organization. Without knowing the specifics of each application, we cannot presume 

that all applicants are equally situation and that relief is appropriate. 

Section 21-191(i)(l) applies only to those aircraft that have never been issued a U.S. or 

foreign airworthiness cenificate. In this petition these aircraft have already received an 

airworthiness certificate. Until the expiration of that airworthiness certificate, the applicant 

could have applied to change the expiration date at any time under the provisions of § 21.177. 

If liie applicant allowed their airworthiness certificate to expire without taking action to 

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extend its life, that airworthiness certificate is now void. The FAA does not plan to extend the 

expiration date of § 21,191(i)(l) and has denied the ASC requested extension of Exemption 

No. 6080H . The FAA no longer grants experimental certificates for light-sport aircraft under 

§ 2Ll91(i)(l). 

The intent of § 21.191(i)(l) was to allow an adequate number of aircraft and instructors to 

conduct light-sport pilot training for the "transitioning" community. In this petition for 

exemption, ASC states it is not requesting the authorization to use these aircraft to train 

"transitioning" community. In this petition for exemption, ASC states it is not requesting the 

authorization to use these aircraft to train transitioning pilots. Therefore, the FAA had 

determined the conditions necessitating the grant of Exemption No. 6080H no longer exists. 

The FAA determined that adequate resources were available to complete the re-issuance of 

certificates of airworthiness with unlimited duration prior to January 31, 2010, The ASC has 

not substantiated that an extension of § 21.191 (i)( 1) to January 31,2012, would be in the 

interest of the public. 

The FAA's Decision: 

In consideration of the foregoing, I find that a grant of exemption would not be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, 

delegated to me by the Administrator, the petition of Aero Sports Connection, Inc. for an 

exemption from 14 CFR § 21.191(i)(l) is hereby denied. 

Issued in Washington, DC, on May 26,2010. 

Sincerely, 

^¥\tUommiM^ 1 

K.C. Yanamuia 

Acting Director, Aircraft Certification Service 

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