Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Proposed Rules 20181 

(including the official position 

description), not the employee’s 

personal qualifications. 

New section 351.403(a)(2)(ii) provides 

that to establish a competitive level 

comprised of pay band positions, an 

agency may supplement an employee’s 

official position description with other 

applicable records that document the 

employee’s actual duties and 

responsibilities. 

Revisions to Competitive Area 

New section 351.402(e) provides that 

when a competitive area defined under 

section 351.402(b) includes pay band 

positions and positions not covered by 

a pay band, the agency may, at its 

discretion, define a competitive area 

otherwise consistent with section 

351.402 to include only pay band 

positions. Section 351.402(b) is revised 

to include a reference to new section 

351.402(e). 

Examples of Separate Competitive Area 

for Pay Band Positions 

Example 1 

Under section 351.402(b) an agency 

defines its activities in Memphis and 

Vicksburg to be in the same competitive 

area. At present this competitive area 

would include GS, FWS, and pay band 

positions. 

At its option the agency may apply 

new section 351.402(e) and define a 

separate competitive area that includes 

only its pay band positions in Memphis 

and Vicksburg. Under section 

351.402(e), the competitive area for pay 

band positions must otherwise conform 

to section 351.402(b), that is, be based 

on the same organizational unit and 

geographical location as the remaining 

positions (i.e., the GS and FWS 

positions in the original competitive 

area). 

Example 2 

Under current regulations, an agency 

defines its headquarters to be one 

competitive area that includes GS, FWS, 

and pay band positions. 

At its option the agency may apply 

new section 351.402(e) and define a 

separate competitive area that includes 

only its pay band positions in the 

headquarters. Under section 351.402(e) 

the competitive area for pay band 

positions must still be based on the 

same organizational unit and 

geographical location as the remaining 

positions, that is the GS and FWS 

positions that were in the original 

competitive area (the entire 

headquarters). 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only certain Federal 

employees. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

List of Subjects in 5 CFR Part 351 

Administrative practice and 

procedure, Government employees. 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

Accordingly, OPM proposes to amend 

part 351 of title 5, Code of Federal 

Regulations, as follows: 

PART 351—REDUCTION IN FORCE 

1. The authority citation for part 351 

continues to read as follows: 

Authority: 5 U.S.C. 1302, 3502, 3503; sec. 

351.801 also issued under E.O. 12828, 58 FR 

2965. 

2. In § 351.402, paragraph (b) is 

revised, and paragraph (e) is added, to 

read as follows: 

§ 351.402 Competitive area. 

* * * * * 

(b) A competitive area must be 

defined solely in terms of the agency’s 

organizational unit(s) and geographical 

location and, except as provided in 

paragraph (e) of this section, it must 

include all employees within the 

competitive area so defined. A 

competitive area may consist of all or 

part of an agency. The minimum 

competitive area is a subdivision of the 

agency under separate administration 

within the local commuting area. 

* * * * * 

(e) When a competitive area defined 

under paragraph (b) of this section 

includes pay band positions and 

positions not covered by a pay band, the 

agency may, at its discretion, define a 

separate (and additional) competitive 

area, otherwise consistent with 

paragraph (b) of this section, to include 

only pay band positions. The original 

competitive area would then include 

only the remaining positions, i.e., those 

positions not covered by a pay band. 

3. In § 351.403, paragraph (a)(2) is 

revised to read as follows: 

§ 351.403 Competitive level. 

(a) * * * 

(2)(i) Except as provided in paragraph 

(a)(2)(ii) of this section for pay band 

positions, competitive level 

determinations are based on each 

employee’s official position of record 

(including the official position 

description), not the employee’s 

personal qualifications. 

(ii) To establish a competitive level 

comprised of pay band positions, an 

agency may supplement an employee’s 

official position of record with other 

applicable records that document the 

employee’s actual duties and 

responsibilities. 

* * * * * 

[FR Doc. E8–7968 Filed 4–14–08; 8:45 am] 

BILLING CODE 6325–39–P 

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 August 13, 2008. 

ADDRESSES: You may send comments 

identified by docket number FAA 2007–

29015 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: 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. 


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• Hand Delivery or Courier: 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: 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: We will post all comments 

we receive, without change, to http:// 

www.regulations.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 published on 

April 11, 2000 (65 FR 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.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 

VH—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 (VH) greater 

than 87 knots calibrated airspeed (CAS) 

and sport pilots operating airplanes with 

a VH 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 

VH 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 crosscountry 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 weightshift-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 


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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-shiftcontrol 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 lightsport 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 


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instruments for sport pilots operating 

airplanes with a VH greater than 87 

knots CAS and also for student pilots 

seeking a sport pilot certificate to 

operate an airplane with a VH 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 VH 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 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 

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 VH greater than 87 knots 

CAS and sport pilots operating airplanes 

with a VH 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 VH

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 weightshift-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 lightsport 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 lightsport 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 FAAdesignated 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 lightsport 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 


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Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Proposed Rules 20185 

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 


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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 lightsport 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 with a sport pilot rating Subpart H—Flight instructors other than flight instructors with a sport 

pilot rating 

Subpart heading—Removed Subpart heading revised. 

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

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

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

§ 61.407 What aeronautical knowledge must I have to apply for a 

flight instructor certificate with a sport pilot rating? 

§ 61.185 Aeronautical knowledge. 

§ 61.409 What flight proficiency requirements must I meet to apply for 

a flight instructor certificate with a sport pilot rating? 

§ 61.187 Flight proficiency. 

§ 61.411 What aeronautical experience must I have to apply for a 

flight instructor certificate with a sport pilot rating? 

§ 61.186 Aeronautical experience requirements for persons applying 

for a flight instructor certificate with a sport pilot rating. 

§ 61.413 What are the privileges of my flight instructor certificate with 

a sport pilot rating? 

§ 61.193 Flight instructor privileges. 

§ 61.415 What are the limits of my flight instructor certificate with a 

sport pilot rating? 

§ 61.195 Flight instructor limitations and qualifications. 

§ 61.417 Will my flight instructor certificate with a sport pilot rating list 

aircraft category and class ratings? 

§ 61.5 Certificates and ratings issued under this part. 

§ 61.419 How do I obtain privileges to provide training in an additional 

category or class of light-sport aircraft? 

§ 61.191 Additional flight instructor ratings. 

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

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

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

§ 61.427 What must I do if my flight instructor certificate with a sport 

pilot rating expires? 

§ 61.199 Expired flight instructor certificates and ratings. 

§ 61.429 May I exercise the privileges of a flight instructor certificate 

with a sport pilot rating if I hold a flight instructor certificate with another rating? 

§§ 61.189 Flight instructor records, 61.193 Flight instructor privileges, and 61.195 Flight instructor limitations and qualifications. 


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Subpart K—Flight instructors with a sport pilot rating Subpart H—Flight instructors other than flight instructors with a sport 

pilot rating 

§ 61.431 Are there special 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? 

Removed. 

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 VH greater than 87 knots 

CAS and sport pilots operating airplanes 

with a VH 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 (VH) 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 VH 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 VH 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 VH 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 VH

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 lightsport 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 VH less than or equal 

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equipped, and float-equipped), and four 

identical sets for airplanes with a VH

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 VH at or below 87 knots, 

that person must obtain a make-andmodel endorsement for that set of 

aircraft. In addition, a specific 

endorsement is currently required to 

operate aircraft with a VH 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—singleengine 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 VH 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 lightsport aircraft with a VH 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 VH less than or equal to 

87 knots CAS, and aircraft with a VH

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 VH

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 lightsport 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. 


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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-shiftcontrol 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 lightsport 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 VH 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 VH 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-shiftcontrol 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 crosscountry 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-shiftcontrol 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-shiftcontrol 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. 


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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-shiftcontrol 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 FAArecognized ultralight organizations. 

These sections were intended to provide 

a means for pilots and flight instructors 

who received training from an FAArecognized 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 VH) 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 makeand-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-incommand privileges as student pilots. 


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Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Proposed Rules 20191 

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 lightsport 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 of 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 weightshift-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 


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20192 Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Proposed Rules 

current restrictions on the operation of 

powered parachutes and weight-shiftcontrol 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 lightsport 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: 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: 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: 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 

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 aircraft 

Hours per 

aircraft 

Total hour 

burden 

2008 ........................................................................................................................... 927 2 1,854 

2009 ........................................................................................................................... 927 2 1,854 

2010 ........................................................................................................................... 1002 2 2,004 

2011 ........................................................................................................................... 1002 2 2,004 

2012 ........................................................................................................................... 1077 2 2,154 

2013 ........................................................................................................................... 1077 2 2,154 

2014 ........................................................................................................................... 1152 2 2,304 

2015 ........................................................................................................................... 1152 2 2,304 

2016 ........................................................................................................................... 1227 2 2,454 

2017 ........................................................................................................................... 1227 2 2,454 

Total ....................................................................................................................... .............................. .............................. 21,540 

Average .................................................................................................................. .............................. .............................. 2,154 

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 June 16, 2008, 

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 


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Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Proposed Rules 20193 

Register, 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 

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 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 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 (Pub. L. 

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 

VH 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 

The Regulatory Flexibility Act of 1980 

(Pub. L. 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-forprofit 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 onetime 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 

The Trade Agreements Act of 1979 

(Pub. L. 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 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 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. 


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V.E. Executive Order 13132, Federalism 

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 

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 

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 

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 

You can get an electronic copy of 

rulemaking documents using the 

Internet by—

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

3. 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 

SW., 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 

Aircraft, Aviation safety. 

14 CFR Part 61 

Aircraft, Airmen, Recreation and 

recreation areas, Teachers. 

14 CFR Part 91 

Aircraft, Airmen, Aviation safety, 

Reporting and recordkeeping 

requirements. 

14 CFR Part 141 

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 


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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], 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], 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] 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]. 

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, poweredlift, 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 

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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 presolo flight training in a single-engine 

airplane. 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 presolo flight training in a gyroplane. 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 presolo flight training in a glider. 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 presolo flight training in an airship. 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 presolo flight training in a powered 

parachute. 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-shiftcontrol aircraft. A student pilot who is 

receiving training for a weight-shiftcontrol 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 

semicolon; 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 crosscountry flight in an airplane that has a 

VH 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. 


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§ 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 a flight instructor certificate with a sport pilot rating for . . . Must log at least . . . Which must include at least . . . 

(a) Airplane category with a single-engine class 

rating, 

(1) 150 hours of flight time as a pilot, (i) 100 hours of flight time as pilot in command in a powered aircraft, 

(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 lightsport aircraft. 

(2) [Reserved]. 

(b) Glider category rating, .................................. (1) 25 hours of 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 category with a gyroplane class 

rating, 

(1) 125 hours of flight time as a pilot, (i) 100 hours of flight time as pilot in command in a powered aircraft, 

(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. 

(2) [Reserved]. 

(d) Lighter-than-air category with an airship 

class rating, 

(1) 100 hours of flight time as a pilot, ............. (i) 40 hours of flight time in an airship, 

(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. 

(2) [Reserved]. 

(e) Lighter-than-air category with a balloon 

class rating, 

(1) 35 hours of flight time as pilot in command, (i) 20 hours of flight time in a balloon, 

(ii) 10 flights in a balloon, and 


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A person applying for a flight instructor certificate with a sport pilot rating for . . . Must log at least . . . Which must include at least . . . 

(iii) 5 flights as pilot in command in a balloon 

that is a light-sport aircraft. 

(2) [Reserved]. .................................................

(f) Weight-shift-control aircraft category rating, (1) 150 hours of flight time as a pilot, ............. (i) 100 hours of flight time as a pilot in command in a powered aircraft, 

(ii) 50 hours of flight time in a weight-shiftcontrol 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. 

(2) [Reserved]. 

(g) Powered-parachute category rating, (1) 100 hours of flight time as a pilot, ............. (i) 75 hours of flight time as a pilot in command in a powered aircraft, 

(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. 

(2) [Reserved]. 

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 lighterthan-air, powered parachutes, and 

gyroplanes); 

(xiv) Spins (applicable to airplanes 

and gliders); 

(xv) Emergency operations; 

(xvi) Tumble entry and avoidance 

techniques (applicable to weight-shiftcontrol 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 recencyof-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 weightshift-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 weightshift-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. A 


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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 weightshift-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 VH

greater than 87 knots CAS to provide 

training in a light-sport aircraft with a 

VH 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 VH

less than or equal to 87 knots CAS to 

provide training in a light-sport aircraft 

with a VH 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) 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 operate And 

(1) * * * ......................................... (i) * * * ......................................... (A) Any light-sport aircraft for 

which you hold the appropriate 

category and class rating, 

(1) * * * 

(ii) At least a recreational pilot 

certificate with a category and 

class rating at that certificate 

level or higher, 

(A) * * * ........................................ (1) * * * 

(iii) * * * ........................................ (A) That light-sport aircraft, only if 

you hold the appropriate category and class rating, 

(1) * * * 

(2) * * * ......................................... (i) * * * ......................................... (A) Any light-sport aircraft for 

which you hold the appropriate 

category and class rating, 

(1) * * * 

(ii) At least a recreational pilot 

certificate with a category and 

class rating at that certificate 

level or higher, 

(A) * * * ........................................ (1) * * * 

(iii) * * * ........................................ (A) That light-sport aircraft, only if 

you hold the appropriate category and class ratings, 

(1) * * * 

(3) * * * ......................................... (i) * * * ......................................... (A) Any light-sport glider or balloon for which you hold the appropriate category and class 

rating, 

(1) * * * 

(ii) * * * ........................................ (A) Any light-sport glider or balloon in that category and class, (1) You do not have to hold any 

of the endorsements required 

by this subpart, nor do you 

have to balloon in comply with 

the limitations in § 61.315. 

(iii) * * * ........................................ (A) Any light-sport glider or balloon, only if you hold the glider 

category or balloon class rating, 

(1) * * * 

* * * * * 

§ 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-shiftcontrol 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 


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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 for a sport pilot certificate 

with . . . Then you must log at least . . . Which must include at least . . . 

(a) Airplane category and single-engine land or 

sea class ratings, 

(1) * * * ........................................................... * * * 

(b) Glider category rating, and you have not 

logged at least 20 hours of flight time in 

heavier-than-air aircraft, 

(1) * * * ........................................................... * * * (ii) at least 3 training flights on those 

areas of operation specified in § 61.311 preparing for the practical test within 60 days 

before the date of the test. 

(c) Glider category rating, and you have logged 

at least 20 hours of flight time in heavierthan-air craft, 

(1) * * * ........................................................... * * * (ii) at least 3 training flights on those 

areas of operation specified in § 61.311 preparing for the practical test within 60 days 

before the date of the test. 

(d) Rotorcraft category and gyroplane class ratings, (1) * * * ........................................................... * * * 

(e) Lighter-than-air category and airship class 

ratings, 

(1) * * * ........................................................... * * * 

(f) Lighter-than-air category and balloon class 

ratings, 

(1) * * * ........................................................... * * * 

(g) Powered parachute category land or sea 

class ratings, 

(1) 12 hours of flight time in a powered parachute, 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) Weight-shift-control aircraft category land or 

sea class ratings, 

(1) * * * ........................................................... * * * 

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 VH greater than 87 knots CAS, 

unless you have met the requirements of 

§ 61.327(a). 

(ii) A VH 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 VH 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]. 

38. Revise § 61.327 to read as follows: 

§ 61.327 Are there specific endorsement 

requirements to operate light-sport aircraft 

based on VH? 

(a) If you hold a sport pilot certificate 

and you seek to operate a light-sport 

aircraft that has a VH 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 VH 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 VH 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 VH less 

than or equal to 87 knots CAS you 

must—

(1) Receive and log ground and flight 

training from an authorized instructor in 


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an aircraft that has a VH 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 

VH 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 VH

greater than 87 knots CAS after [ONE 

YEAR AFTER THE EFFECTIVE DATE 

OF THE FINAL RULE], you must receive 

and log 1 hour of flight training in a 

single-engine airplane that has a VH

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 VH less than or equal to 

87 knots CAS prior to [EFFECTIVE 

DATE OF THE FINAL RULE]. 

§ 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. 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 weightshift-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 lightsport category may be used; 

* * * * * 

Issued in Washington, DC on April 9, 2008. 

James J. Ballough, 

Director, Flight Standards Service. 

[FR Doc. 08–1127 Filed 4–11–08; 8:45am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–124590–07] 

RIN 1545–BG11 

Guidance Regarding Foreign Base 

Company Sales Income; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to a notice of 

proposed rulemaking. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking (REG–124590–07) that was 

published in the Federal Register on 

Thursday, February 28, 2008 (73 FR 

10716) providing guidance relating to 

foreign base company sales income, as 

defined in section 954(d), in cases in 

which personal property sold by a 

controlled foreign corporation (CFC) is 

manufactured, produced, or constructed 

pursuant to a contract manufacturing 

arrangement or by one or more branches 

of the CFC. 

FOR FURTHER INFORMATION CONTACT: 

Ethan Atticks at (202) 622–3840 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The correction notice that is the 

subject of this document is under 

section 954 of the Internal Revenue 

Code. 

Need for Correction 

As published, a notice of proposed 

rulemaking (REG–124590–07) contains 

errors that may prove to be misleading 

and are in need of clarification. 

Correction of Publication 

Accordingly, the publication of a 

notice of proposed rulemaking (REG–

124590–07), which was the subject of 

FR Doc. E8–3557, is corrected as 

follows: 

1. On page 10717, column 1, in the 

preamble, under the paragraph heading 

‘‘B. The Branch Rule’’, line 7 from the 

bottom of the paragraph, the language 

‘‘CFC and constitutes FBCSI of the 

CFC.’’ is corrected to read ‘‘CFC and 

constitutes FBCSI of the CFC. See 

section 954(d)(2).’’. 

2. On page 10718, column 1, in the 

preamble, under the paragraph heading 

‘‘C. Legal Developments’’, line 4 from 

the bottom of the first paragraph, the 

language ‘‘considered the activities of a 

separate’’ is corrected to read ‘‘treated as 

the activities of a separate’’. 

3. On page 10718, column 2, in the 

preamble, under the paragraph heading 

‘‘Explanation of Provisions’’, line 11 

from the bottom of the column, the 

language ‘‘and/or a branch of the CFC, 

is involved’’ is corrected to read ‘‘and/ 

or a branch of the CFC, is otherwise 

involved’’. 

4. On page 10718, column 3, in the 

preamble, under the paragraph heading 

‘‘A. Application of the Manufacturing 

Exception Where the Physical 

Manufacturing Test Is Not Satisfied by 

the CFC but the CFC Is Involved in the 

Manufacturing Process—Substantial 

Contribution to Manufacturing’’, lines 2 

and 3 of the first paragraph, the 

language ‘‘income from the purchase of 

personal property from any person and 


rfrederick on PROD1PC67 with PROPOSALS