commenters, the FAA took into consideration that it takes fewer skills
generally to maintain light-sport aircraft than other more complex
aircraft.  For example, it takes less than 2 hours to remove and replace
the fabric, or sails, on the wings of many light-sport aircraft.  In
comparison, replacing the fabric on the wings of an aircraft
type-certificated under CAR 3 takes a week or more because of the number
of steps involved.  The additional training time required for airplane,
weight-shift-control aircraft, and powered parachute classes will ensure
that FAA-approved products, such as type-certificated engines and
propellers, will be properly maintained and inspected to an FAA
performance standard and properly recorded in the aircraft records.

Commenters pointed out that the proposed 80-hour training requirement
for a repairman (light-sport aircraft) with a maintenance rating
compares poorly with the 1,900 hours of required training for an
airframe and powerplant rating at a part 147 aviation maintenance
technician school.  The FAA notes that the required airframe and
powerplant curriculum subjects in appendix B of part 147 includes many
technical subjects that are not relevant to light-sport aircraft (for
example, turbine and radial engine maintenance, engine overhauls,
autopilots, ice protection, cabin pressurization systems, helicopter
maintenance, constant speed propellers, propeller governors, turbo
chargers, superchargers, and turbine driven auxiliary power units).  In
addition, while a mechanic with an airframe and powerplant rating is
trained on all aircraft types a repairman (light-sport rating) with a
maintenance rating is trained in one class of aircraft such as powered
parachutes, weight-shift-control aircraft, or airplanes, so the number
of training hours can be significantly reduced to address only that
class of aircraft.  If the repairman with a maintenance rating wants to
become rated in another light-sport class of aircraft, he or she will
have to take another FAA-acceptable course for that specific class of
aircraft.

Furthermore, this rule does not allow a repairman (light-sport aircraft)
to perform major repairs, such as welding of tubing and exhaust systems
unless that repairman has received additional training acceptable to the
FAA, such as training from a manufacturer or other industry-accepted
training providers prior to performing the work.

The FAA will look at five areas in deciding whether to accept a training
course design.  They are:

The recommended passing grade for the written test in a training course
is 80 percent.

All training should be taught to a level 3 standard.  Level 3 training
is training in which the student actually performs a task with
supervision or additional instruction.

All courses should meet the training guidance in FAA advisory material
or its educational equivalent, and each course must be accepted by the
FAA.

The course outline should include training on multiple aircraft within
the same class of light-sport aircraft.  Maintenance subjects such as
engine theory, inspection, repair, troubleshooting, servicing,
propeller, weight and balance, rigging, fuel and lubricating systems,
flight controls, landing gear, electrical system, ballistic parachutes,
and structural repairs for several makes and model aircraft will be
covered.  Applicable Federal aviation regulations will also be taught.

The student will have to pass a final written test on all subjects
covered before a certificate of training will be issued by the training
facility.

While the FAA considers the number of training hours adequate at this
point in time, FAA may amend the regulation if the number of training
hours or subjects taught are found insufficient to ensure aviation
safety.

	Several commenters wanted the FAA to extend repairman (light-sport
aircraft) privileges to experimental, amateur built or older
type-certificated aircraft.  It is not within the scope of this
rulemaking to extend repairman (light-sport aircraft) privileges to
those performing work on aircraft other than experimental or special
light-sport aircraft.

	Since the FAA revised part 43 to make it applicable to special
light-sport aircraft, in paragraph (c) of the final rule, the FAA must
revise the privileges of a person holding a repairman certificate
(light-sport aircraft) with a maintenance rating to recognize that the
person will be performing maintenance on special light-sport aircraft in
accordance with part 43.  The FAA has therefore included the term
“approve and return to service” when addressing maintenance,
preventive, and alterations performed by a repairman certificate
(light-sport aircraft) with a maintenance rating.  The FAA is also
revising the rule to clarify that the holder of a repairman certificate
(light-sport aircraft) with a maintenance rating may perform both the
annual condition inspection and the 100-hour inspection required by
§91.327.  In addition, the FAA is revising the privileges of this
repairman to include performing major repairs and major alterations on
products not produced under an FAA approval that have been installed on
special light-sport aircraft.  This privilege is also discussed under
part 43 above.

	The FAA is also added new paragraph (d) to prohibit a repairman
(light-sport aircraft) with a maintenance rating from approving for
return to service any aircraft or part thereof unless that person has
previously performed the work concerned satisfactorily.  This paragraph
is added as a result of revisions making part 43 applicable to special
light-sport aircraft and contains language similar to that contained in
current §65.81, which addresses the general privileges and limitations
of mechanics.  It differs from that language to the extent that it does
not permit a repairman (light-sport aircraft) with a maintenance rating
to supervise work performed by other persons.  Similarly, a person who
has not previously performed that work may show the ability to do the
work by performing it to the satisfaction of the FAA or certain
specified certificate holders.

The rule is also revised in paragraph (d) of the final rule to require
that a repairman (light-sport aircraft) with a maintenance rating
understand the current instructions of the manufacturer and the
maintenance manuals for the specific operation concerned prior to
exercising certificate privileges.  This provision is identical to
language found in current §65.81 (b), which sets forth the privileges
and limitations of a person holding a mechanic certificate and is
similar to provisions contained in §65.103 (b) for repairmen.  The new
provision is included because a repairman (light-sport aircraft) with a
maintenance rating may perform work and approve special light-sport
aircraft for return to service under part 43.

Changes

In paragraph (a)(2)(ii), the words “make and model of experimental
light-sport aircraft” are changed to  “class of experimental
light-sport aircraft.”

In paragraph (a)(3)(ii), the term “category of light-sport aircraft”
is changed to “class of light-sport aircraft.”  In addition, the
requirement to complete “an 80-hour training course” is changed to a
requirement to complete a 120-hour training course for airplane class
privileges, a 104-hour training course for weight-shift-control aircraft
and powered parachute class privileges.

In paragraph (b), the words “may perform a condition inspection on an
aircraft” are changed to “may perform an annual condition inspection
on a light-sport aircraft.”  In addition, the reference to make and
model in proposed paragraph (b) is changed to class in paragraph (b)(3)
of the final rule.

	Proposed paragraph (c) is divided into paragraphs (c)(1) through (c)(3)
in the final rule.  In addition, the words “perform maintenance on a
light-sport aircraft that has a special airworthiness certificate issued
under §21.186 or §21.191 (i) of this chapter” are changed in
paragraph (c)(1) to “approve and return to service an aircraft that
has been issued a special airworthiness certificate in the light-sport
category under §21.190 of this chapter, or any part thereof, after
performing or inspecting maintenance (to include the annual condition
inspection and the 100-hour inspection required by §91.327 of this
chapter), preventive maintenance, or an alteration (excluding a major
repair or a major alteration on a product produced under an FAA
approval).”

	In paragraph (c)(2), the words “perform the annual condition
inspection on a light-sport aircraft that has been issued an
experimental certificate for operating a light-sport aircraft under
§21.191 (i) of this chapter” are added.

	In paragraph (c)(3) of the final rule, the provisions proposed
paragraph (c) regarding training requirements are revised to read
“only perform maintenance, preventive maintenance, and an alteration
on a light-sport aircraft that is in the same class of light-sport
aircraft for which the holder has completed the training specified in
paragraph (a)(3)(ii) of this section.  Before performing a major repair,
the holder must complete additional training acceptable to the FAA and
appropriate to the repair performed.”

	Proposed paragraph (d) is adopted as paragraph (c) of §65.103.

	A new paragraph (d) is added in the final rule to prohibit a repairman
(light-sport aircraft) with a maintenance rating from approving for
return to service any aircraft or part thereof unless that person has
previously performed the work concerned satisfactorily.  That paragraph
also permits a person who has not previously performed that work to show
the ability to do the work by performing it to the satisfaction of the
FAA or certain specified certificate holders.  It also requires the
repairman to understand the current instructions of the manufacturer and
the maintenance manuals for the specific operation concerned prior to
exercising certificate privileges.

V.7.  Part 91 —General Operating And Flight Rules

V.7.A. Part 91--General Issues

Some commenters expressed concern that a light-sport aircraft with
operating limitations permitting flights into Class B, C, and D airspace
would not have the same equipment and inspection requirements as
standard category aircraft.  It was not the FAA’s intent to except
light-sport aircraft from part 91 requirements with regard to required
equipment to operate in Class B, C, or D airspace.  The FAA notes that
the provisions of §§91.129, 91.130, and 91.131 will continue to apply
to light-sport aircraft operated in Class B, C, and D airspace.
However, the provisions of §91.205 will not apply to experimental or
special light-sport aircraft.  That section only applies to powered
civil aircraft with a standard category U.S. airworthiness certificate.
To ensure that special light-sport aircraft are appropriately equipped
for the various types of operations for which they may be used, the FAA
has revised the definition of “consensus standard” in §1.1 to
include a requirement that the standard address minimum equipment
requirements.  Any aircraft built under a consensus standard will
therefore have to meet the minimum equipment requirements prescribed by
that standard to be certificated as a special light-sport aircraft.  The
equipment requirements for experimental light-sport aircraft remain
identical to current part 91 requirements.

	Light-sport aircraft issued an experimental light-sport or special
light-sport airworthiness certificate that are authorized to operate in
Class B, C, and D airspace must have the equipment for VFR or IFR
operations specified in the applicable consensus standards and any other
equipment specified by the operating requirements contained in subpart C
of part 91.  In addition, aircraft that operate under IFR must comply
with the altimeter tests and inspections required by §91.411.  Aircraft
required to have a transponder must comply with the tests and
inspections required by §91.413.  These inspections and tests must be
performed and approved in accordance with appendixes E and F of part 43.

The FAA received comments suggesting that light-sport aircraft should
not be required to have emergency locator transmitters (ELTs).  ELT
equipment requirements are specified in §91.207 and apply to certain
U.S.-registered civil airplanes and operations.  The regulatory
requirements for ELTs are mandated by 49 United States Code section
44712.  The FAA cannot modify §91.207 to contradict provisions
contained in the U.S. Code.

Section 91.207 applies to U.S.-registered civil airplanes, and not to
all aircraft; therefore, some light sport aircraft will not be required
to comply with that section.  Section 91.207 also contains several
provisions excepting some airplanes and operations from its coverage.
An example particularly relevant to light-sport aircraft is the
exception for aircraft equipped to carry not more than one person.  The
final rule does not modify ELT requirements, as those requirements are
mandated by statute.  Owners and operators should consult §91.207 to
determine if their aircraft or operation is covered by the requirement.

	Several commenters wanted the FAA to amend §91.215, ATC transponder
and altitude reporting equipment and use, so that transponders would not
be required for light-sport aircraft. The FAA does not agree with the
commenters.  Section 91.215 applies to all aircraft when flying in
certain airspace, unless a specified exception applies.  Those who wish
to operate light-sport aircraft must meet the provisions of §91.215.
The manner in which an aircraft is certificated, its operational
parameters, and the training received by the pilot operating that
aircraft does not change the FAA’s underlying rationale for the
implementation of §91.215.

Two commenters suggested that paragraph (a) of §91.109, Simulated
instrument flight instruction, be revised to add a specific definition
of dual controls for powered parachutes, given the unique method of
controlling those aircraft.  They requested that “in the case of a
powered parachute, full dual controls are defined as a configuration
that allows, while in flight, for the instructor and student to
manipulate throttle, engine kill switch, and steering lines.”  The FAA
does not believe a change to the rule is necessary.  The FAA believes
that a prudent flight instructor would not provide flight instruction
without access to the throttle, engine kill switch, and steering lines
by both the instructor and student pilot.

V.7.B. Part 91--Section-by-Section Discussion

Section 91.1  Applicability

The FAA did not receive any comments on this section.

Changes

The proposed rule is adopted without change.

Section 91.113  Right-of-way rules: Except water operations

	One commenter asked what rights the new light-sport aircraft category
will have under the right-of-way rules.  The right-of-way rules for
light-sport aircraft will depend upon the category and class of aircraft
operated.  No distinction will be made for light-sport aircraft, other
than that based upon category and class.  See the discussion of §91.113
in the NPRM.

Changes

	The proposed rule is adopted without change.

Section 91.126  Operating on or in the vicinity of an airport in Class G
airspace

One commenter suggested that it is unsafe to allow the operation of
light-sport aircraft in a traffic pattern with general aviation aircraft
traveling at higher speeds.  The FAA does not agree.  The FAA currently
allows these operations by powered parachutes, weight-shift-control
aircraft and other light-sport aircraft.  This practice has not proven
unsafe, although it does require good operating procedures and
practices.  It requires that pilots have adequate training on operations
at towered and non-towered airports where the mix of traffic can range
from a slow J-3 Cub or Flightstar to a Citation jet.  The FAA is
reviewing Advisory Circulars and the Aeronautical Information Manual to
ensure that they adequately address procedures for weight-shift-control,
powered parachutes and other light-sport aircraft.

Another commenter suggested that it is unsafe to allow the operation of
powered parachutes in a traffic pattern with general aviation aircraft
traveling at higher speeds.  The FAA notes that both the proposed and
final rule require powered parachutes to avoid the flow of fixed-wing
aircraft.

Changes

	The proposed rule is adopted without change.

Section 91.131 Operations in Class B airspace

There were several comments expressing concern about the operation of
light-sport aircraft in Class B, C, and D airspace.  Commenters stated
that the operation of slower light-sport aircraft in close proximity to
faster general aviation and commercial aircraft could pose difficulty
for air traffic controllers.  In response to these comments, the FAA is
changing the final rule to provide that, like a student pilot, a sport
or a recreational pilot will not be authorized to fly in Class B
airspace associated with those airports listed in part 91, appendix D,
section 4.  As discussed under “V.5.A.v. Changes to Airspace
Restrictions,” the FAA is also amending part 61 to provide that sport
pilots operating in airspace having operational control towers must
receive appropriate training to operate in that airspace.

Some commenters noted that recreational pilots should be extended the
same privileges under this section as sport pilots, given that
recreational pilots are required to meet more extensive training and
proficiency requirements.  The FAA agrees and is revising this section
to extend the same privileges to recreational pilots, provided the
recreational pilot has met either the requirements of §61.101 (d) or
§61.94.  Current §91.131 (b) addresses pilot requirements for
operations at an airport within Class B airspace or within Class B
airspace.  Paragraph (1) (ii) addresses two types of pilots--student
pilots, and recreational pilots seeking private pilot certification who
have met the requirements of §61.95.  In this final rule, provisions
for persons with at least a private pilot certificate remain in
(b)(1)(i).  Recreational pilots are addressed in (b)(1)(ii) and, in
response to comments, the FAA is expanding their privileges to match
those for sport pilots, provided they receive the training specified in
§61.101 (d) or §61.94.  A new paragraph (b)(1)(iii) contains the
proposed provision for sport pilots and also includes a provision to
permit the person to operate at an airport in Class B airspace or within
Class B airspace if that person has met either the requirements of
§61.325 or the requirements for a student pilot seeking a recreational
pilot certificate under §61.94.  New paragraph (b)(1)(iv) provides
similar privileges to a student pilot who has met either the
requirements of §61.94 or §61.95, as applicable.

Proposed paragraph (b)(2) is revised to remove the proposal to permit a
sport pilot to operate an aircraft at those airports listed in part 91,
appendix D, section 4.  This change is discussed in “V.5.A.v. Changes
to Airspace Restrictions.”

Changes

Paragraph (b)(1)(i) of current §91.131 is revised by deleting the word
“or.”

 Current paragraph (b)(1)(ii) is changed in the final rule to include
requirements for holders of a recreational pilot certificate.  The
current requirements for student pilots are removed and placed in new
paragraph (b)(1)(iv).

Proposed paragraph (b)(1)(ii) is reformatted and redesignated as
(b)(1)(iii) in the final rule, now containing subparagraphs
(b)(1)(iii)(A) and (B).  In final rule paragraph (b)(1)(iii)(A), the
proposed reference to “section 81 of SFAR 89” is changed to
“§61.325 of this chapter.”  In addition, in final rule paragraph
(b)(1)(iii)(B), the words “the requirements for a student pilot
seeking a recreational pilot certificate in §61.94 of this chapter”
are added.

Paragraph (b)(1)(iv), based partially on current (b)(1)(2), is added to
address the requirements for student pilots to operate at an airport in
Class B airspace or within Class B airspace.

Paragraph (b)(2) is changed by revising the proposed reference
“paragraph (b)(1)(iii) of this section” to read “paragraphs
(b)(1)(ii), (b)(1)(iii) and (b)(1)(iv) of this section.”  In addition,
the proposed words “or a sport pilot certificate and has met the
requirements of section 81 of SFAR 89” are removed.

Section 91.155  Basic VFR weather minimums

One commenter expressed concern that VFR operations would be permitted
at night and without lights.  The commenter suggested the rule be
amended to prohibit VFR operation of light-sport aircraft between
sunrise and sunset, unless the aircraft were equipped with
anti-collision lights visible for at least 3 statute miles.  If an
aircraft were equipped with such lights, the commenter suggested, the
FAA should allow VFR operations 30 minutes before sunrise and 30 minutes
after sunset.  The FAA notes that the provisions of current §91.209
apply to all aircraft, to include light-sport aircraft.

Other commenters said that powered parachutes and weight-shift-control
aircraft are generally not safe for night operations without altitude
instruments, even under VFR conditions, and recommended they be
eliminated from §91.155.

The FAA agrees with comments that night operations are unsafe for any
aircraft without proper equipment installed.  To be operated between
sunset and sunrise, aircraft must have the aircraft lights required by
§91.209, and pilots must be authorized to conduct night operations.
Additionally, special light-sport aircraft consensus standards will be
required to address minimum equipment requirements for VFR night
operations.  Experimental light-sport aircraft minimum equipment
requirements for these operations will be specified in their operating
limitations.  A sport pilot is not authorized to operate at night, and a
recreational pilot is not authorized to operate between sunset and
sunrise.  A private pilot who does not have a night flying prohibition
on his or her pilot certificate may operate a light-sport aircraft at
night if the aircraft is properly equipped.  The FAA notes that §61.110
is revised to permit a person to be issued a private pilot certificate
with a rating in weight-shift-control aircraft, powered parachutes, or
gyroplanes, even if that person has not completed the night flight
training requirements for the issuance of the certificate and rating.
The certificate will, however, carry the limitation “Night flying
prohibited.”  See §61.110 for further discussion.

Changes

	In paragraph (b)(2), the words “between 1 and 3 statute miles” are
changed to “less than 3 statute miles but not less than 1 statute
mile.”

Section 91.213 Inoperative instruments and equipment

	The FAA received two comments on this section.  One commenter asked if
light-sport aircraft must meet the instrument requirements of §91.213.
Yes, light-sport aircraft must meet the provisions of §91.213.

Another commenter believed that all light-sport aircraft, except powered
parachutes and weight-shift-control aircraft, are already included in
current §91.213 (d)(1)(i), and, therefore, paragraph (d) should be
amended to change the words “or light-sport aircraft” to say
“powered parachute or weight-shift-control aircraft.”  The FAA
agrees that the current §91.213 (d) does not specifically address
powered parachutes or weight-shift-control aircraft.  As stated in the
notice, the FAA intends that the provisions of §91.213 (d) apply to all
the kinds of light-sport aircraft to include powered parachutes and
weight-shift-control aircraft.  However, to ensure that the provisions
of this section apply to powered parachutes and weight-shift-control
aircraft that may exceed the parameters of the light-sport aircraft, the
FAA is revising the proposed rule language to change the words “or
light-sport aircraft” to “powered parachute or weight-shift-control
aircraft.”

Changes

	The proposed rule is adopted without change.

Section 91.309  Towing: Gliders and unpowered ultralight vehicles

The FAA received numerous comments on eliminating towing exemptions from
§§91.309 and 103.1 (b) and incorporating the provisions of the
exemptions in the final rule.  Although not proposed, the FAA is
amending §91.309 to establish operational requirements for towing an
unpowered ultralight vehicle by a civil aircraft.  Current section
§91.309 only addresses requirements for the towing of gliders by civil
aircraft.  Since §61.69 is amended to establish specific experience and
training requirements for pilots towing unpowered ultralight vehicles,
the FAA believes it is also appropriate to establish specific
requirements to operate a civil aircraft towing an unpowered ultralight
vehicle.  These new operational requirements for towing unpowered
ultralight vehicles are identical to current operational requirements
for towing gliders.  Prior to this rule, both §61.69 and §91.309 only
contained requirements addressing the towing of gliders.  See discussion
of §61.69 above.

Changes

	In §91.309, the section heading, and paragraphs (a) introductory text,
(a)(3), (a)(5), and (b) are amended by adding the words, “or unpowered
ultralight vehicle” after the word “glider.”

Section 91.319  Aircraft having experimental certificates: Operating
limitations

Section 91.319 (a)(2) of the NPRM proposed an exception to the
limitation on the use of aircraft with an experimental certificate
issued under § 21.191 (i)(1) for carrying persons or property for
compensation or hire.  The exception would have allowed flight training
in these aircraft for compensation or hire for an indefinite period.

As discussed more fully under §91.327, the FAA is modifying how
operations for compensation or hire are addressed in the final rule.  As
a result, the FAA is not adopting (a)(2) as proposed, but instead is
adopting a provision in new paragraph (e) that addresses operations
conducted for compensation or hire and is not limited to the carriage of
persons or property for compensation or hire.  Section 91.319 (e)
reflects the FAA’s intent that light-sport aircraft issued an
experimental certificate under §21.191 (i) should not generally be used
for compensation or hire.  Section 91.319 (e) allows exceptions to the
general rule only for light-sport aircraft issued an experimental
certificate under §21.191 (i)(1) when used to tow a glider or an
unpowered ultralight vehicle in accordance with §91.309 or to conduct
flight training in an aircraft that the person conducting flight
training provides for up to 5 years after the rule becomes effective.

Additionally, §91.319 (f) is modified to clarify the FAA’s intent
that light-sport aircraft issued an experimental certificate under
§21.191 (i) should not generally be used for lease or rental.  These
experimental aircraft are for personal use, and do not meet a design
standard, nor are they manufactured, or maintained at the same level as
special light-sport aircraft, primary, or standard category aircraft.
Therefore, they should not be made available to general public for lease
or rental, except when used to tow a glider that is a light-sport
aircraft or unpowered ultralight vehicle.  Paragraph (f) prohibits a
person who owns an aircraft issued an experimental certificate under
§21.191 (i) from leasing that aircraft, except when the aircraft is
used to tow a glider that is a light-sport aircraft or unpowered
ultralight vehicle.  The FAA notes that other regulations may also
impose additional limitations on the use of experimental light-sport
aircraft for compensation or hire, such as those that specify the
privileges of a person’s airman certificate and those that relate to
commercial operators.

The FAA stated in the proposed rule that aircraft operating limitations
would address the maintenance requirements for these experimental
aircraft.  Comments requested that the FAA require increased inspections
of these aircraft if they are used for compensation or hire such as when
they are being used for flight training.  The FAA agrees.  Paragraph (g)
is added to specify that experimental light-sport aircraft that are used
for flight training or towing must be inspected by an appropriately
rated mechanic, repairman (light-sport aircraft) with a maintenance
rating, or a repair station within the preceding 100 hours of time in
service.  The FAA is adopting this requirement to ensure a higher degree
of safety when these aircraft are used for compensation or hire.
Further, the added stress that an aircraft may be subjected to when used
in towing operations supports additional inspection requirements.

Paragraph (h) of the final rule (proposed as paragraph (f)) also is
revised to require that a request for deviation authority contain a
justification that establishes a level of safety equivalent to that
provided under the regulations for the deviation requested.  The FAA has
determined that the specific regulatory language must require an
equivalent level of safety to remain consistent with requirements for an
exemption.  This is necessary because this deviation authority process
is intended to supplement the exemption process for this rule and
establish a way within the regulatory structure to approve flight
training for compensation or hire without the need for a person to
submit a petition for exemption.

 	The FAA received numerous comments expressing concern about curtailing
exemptions permitting the carrying of passengers in two-seat ultralight
vehicles for compensation or hire.  Many of these commenters
specifically directed their remarks to the prohibition of carrying
passengers in aircraft issued experimental certificates under §21.191
and the ending of the two-seat ultralight training exemptions from part
103.  Numerous commenters stated that completely eliminating the
operation of two-seat ultralight-like aircraft for compensation or hire
after 36 months appears arbitrary.  The FAA notes, however, that the
training exemptions do not provide authority to conduct operations other
than flight training in two-seat ultralight-like aircraft for
compensation or hire.

Some commenters asked about the continuation of existing training
exemptions for two-place training vehicles.  After the rule becomes
effective, the FAA intends to continue the existing flight training
exemptions to provide ultralight flight instructors with adequate time
to transition to the new system of certificates and ratings and continue
current operations.  During this time, these ultralight flight
instructors should take action to obtain the newly required airman
certificates and those certificates necessary to operate their aircraft
under the new rules.  The FAA does not anticipate allowing instructors,
other than those afforded relief under the current training exemptions,
to avail themselves of the benefits of these exemptions.  New
instructors will have to meet the provision of the new rules.  The FAA
has reissued these part 103 training exemptions with an expiration date
of January 31, 2008.

Based on the comments, the FAA has also decided to extend the period
during which aircraft certificated under §21.191 (i) and currently
operated under part 103 training exemptions may be used to conduct
flight training for compensation or hire.  The final rule extends this
period from 36 months to 60 months.  After this time, these aircraft
will no longer be permitted to be used for flight training for
compensation or hire.

The additional time provided under paragraph (e)(2) for instructors to
provide flight training in these aircraft for compensation or hire will
ease some financial difficulties for those ultralight instructors
transitioning to FAA-certificated flight instructors with sport pilot
ratings.

The FAA believes that extending the period during which a person may
conduct flight training for compensation or hire in light-sport aircraft
issued an airworthiness certificate under §21.191 (i) will help to
decrease the financial burden for persons providing flight instruction
in these kinds of aircraft.  This action will provide these instructors
with additional time in which to purchase special light-sport aircraft
to provide flight instruction under the rule, thereby delaying
replacement costs.  In addition, this action should further expand the
growth of the industry as a whole.  The FAA believes this rule may open
new markets, provide more investment capital, and expand the
availability of insurance coverage.  These effects will allow
instructors providing flight training in these aircraft to take
advantage of the same opportunities as other general aviation
instructors, such as those gained from being affiliated with flying
clubs or flight schools.  For more information, see the economic
regulatory evaluation, which is in the public docket for this
rulemaking.

Changes

Paragraph (e) (proposed as (a)(2)) is added with the following changes.
The words “carrying persons or property” are removed.  In addition,
provisions to permit towing a glider that is a light-sport aircraft or
an unpowered vehicle in accordance with §91.309 and to permit a person
to conduct flight training in an aircraft which that person provides
prior to January 31, 2010.

New paragraph (f) is added to prohibit a person who owns an aircraft
issued an experimental certificate under §21.191 (i) from leasing that
aircraft unless the aircraft is operated in accordance with new
paragraph (e)(1).

New paragraph (g) is added provide 100-hour inspection requirements for
aircraft issued an experimental certificate under §21.191(i)(1) when
used to tow gliders that are light-sport aircraft or unpowered
ultralight vehicles or to conduct flight training for compensation or
hire.

New paragraph (h) (proposed as paragraph (f)) is changed to also require
that the justification for the request for deviation authority must
establish a level of safety equivalent to that provided under the
regulations for the deviation requested.

Section 91.327  Aircraft having a special airworthiness certificate in
the light-sport category:  Operating limitations

Purpose (now §91.327 (a)):  As discussed earlier in §21.190, the
reference to the use of these aircraft for “sport and recreation”
has been removed.  Proposed §91.327 (a)(1) specified that special
light-sport aircraft could only be operated for the purpose for which
the certificate was issued.  The term “sport and recreation,”
however, was not defined in the NPRM, and its removal from §21.190
makes it necessary to specify the operating limitations for these
aircraft in this paragraph.  In revising this paragraph, the FAA has
more clearly specified the operating limitations that were implied by
the use of the term “sport and recreation.”

Section 91.327 (a) is modified to clarify the FAA’s intent that
special light-sport aircraft should not generally be used for
compensation or hire.  Section 91.327 (a)(1) and (a)(2) allow exceptions
to the general rule only for towing a glider or an unpowered vehicle and
for flight training.  The use of special light-sport aircraft to engage
in towing operations is discussed under §61.69.

The FAA is also removing the term “rental” because the term
“compensation or hire” provides a more accurate description under
existing interpretations, decisions, and cases of those operations the
FAA intends to restrict.  This revision does not limit the ability of a
person to rent a special light-sport aircraft; however, it does limit
those operations that a person may conduct when operating the aircraft.

Maintenance (Now §91.327 (b)(1)):  Proposed paragraph (a)(3) addressed
maintenance of light-sport aircraft.  In the final rule, it is revised
and moved to paragraph (b)(1).  The proposal prohibited operation of a
special light-sport aircraft unless the aircraft was maintained in
accordance with the manufacturer’s maintenance and inspection
procedures by a certificated repairman with a light-sport aircraft
maintenance rating, an appropriately rated mechanic, or an appropriately
rated repair station.

The FAA received several comments requesting that part 43 be used as a
standard for maintenance and inspections performed on light-sport
aircraft.  	As described in the part 43 discussion earlier in this
preamble, the final rule adopts this recommendation.  Section 91.327
(b)(1) now requires that the aircraft be maintained in accordance with
the applicable provisions of part 43 and maintenance and inspection
procedures developed by the manufacturer or a person acceptable to the
FAA.   For the purpose of this section, “a person acceptable to the
FAA” includes the following:

The manufacturer that issued the statement of compliance.

Any person who has assumed, and is properly exercising, the original
manufacturer’s responsibility for carrying out the continued
airworthiness procedures described in the consensus standard.

The holder of an FAA-approved technical standard order (TSO)
authorization, parts manufacturer approval (PMA), type certificate (TC),
or supplemental type certificate (STC) for a product or part installed
on the aircraft.

Any person authorized by the manufacturer to produce modification or
replacement parts in accordance with the applicable consensus standard
addressing “qualification of third-party modification or replacement
parts.”

The term “person acceptable to the FAA” is not intended to include
FAA designees.  Under the terms of their delegation, individual FAA
designees are not authorized to make design changes or other
modifications to aircraft having a special airworthiness certificate in
the light-sport category.

Condition inspections (now §91.327 (b)(2)):  In the NPRM, paragraph
(a)(4) would have required a condition inspection once every 12 calendar
months, in accordance with the aircraft manufacturer’s maintenance and
inspection procedures, by a certificated repairman with a light-sport
aircraft maintenance rating, an appropriately rated mechanic, or an
appropriately rated repair station.  The FAA, upon further review, is
taking out the words “in accordance with the aircraft manufacturer’s
maintenance and inspection procedures” and replacing them with “in
accordance with inspection procedures developed by the aircraft
manufacturer or a person acceptable to the FAA.”

This change is being made for two reasons.  First, the FAA wants to
clarify that only inspection actions, and not other maintenance tasks,
are performed during an annual condition inspection.  The condition
inspection required by this part is a visual inspection to determine if
the aircraft is in a condition for safe operation.  If the FAA retained
the word “maintenance” in the paragraph, it would imply that
maintenance other than an inspection could be performed during the
course of an annual condition inspection.  All of these additional
maintenance functions such as overhaul, repair, preservation and
replacement of parts are not part of an annual condition inspection.

Second, the words “person acceptable to the FAA” are included to
allow an individual acceptable to the FAA to assume the continued
airworthiness responsibilities for an aircraft design from a
manufacturer who is no longer in business or can no longer support the
aircraft.  This change will permit a person acceptable to the FAA to
develop inspection procedures for special light-sport aircraft that meet
the requirements of the consensus standards for that category of
aircraft.

	Two commenters expressed concern over the requirement for a condition
inspection once every 12 calendar months for individuals living in
Alaska.  They stated that requiring an annual condition inspection would
pose a unique hardship given the difficulty and expense of finding a
qualified inspector in Alaska.  The FAA has considered the unique
circumstances of persons living in Alaska, but believes this requirement
is necessary to provide an adequate level of safety.  In addition, the
requirement for an annual inspection is the same requirement that is
imposed on type-certificated and amateur-built aircraft.  The FAA points
out that more persons will be eligible to perform the annual condition
inspection of special light-sport aircraft than can perform the annual
inspection on other aircraft.  Under the rule, a repairman (light-sport
aircraft) with a maintenance rating, as well as a mechanic with an
airframe and powerplant rating and a certificated repair station can
conduct this annual condition inspection.

Safety-of-flight issues (Airworthiness Directives and Safety Directives)
(now §91.327 (b)(3) and (b)(4)):  Proposed paragraph (a)(5) would have
required the owner or operator to comply with a program for monitoring
and correcting safety-of-flight issues specified by the manufacturer (in
the statement of compliance for the aircraft), or by a person acceptable
to the FAA.  The FAA expected that any such program would meet a
consensus standard, as defined in §1.1.  This provision has been
revised and addressed in paragraphs (b)(3) and (b)(4).  The reasons for
this are as follows.

As proposed, §91.327 would not have specified compliance with ADs on
special light-sport aircraft.  At the time of the NPRM, it was not
expected that light-sport aircraft would contain type-certificated
products or other parts produced under an FAA-approval.  Safety issues
would have been addressed in safety-of-flight bulletins issued under the
consensus standard.  The FAA stated in the proposed rule that, in lieu
of issuing ADs on light-sport aircraft, it would rely on certificate
action if public safety required.  See the discussion of “continued
airworthiness” under “Definition of Consensus Standards” in §1.1.
 The FAA did not entirely, however, preclude the possibility of issuing
ADs against special light-sport aircraft.  In the NPRM, the FAA said it
would issue ADs for special light-sport aircraft if public safety
required, or as a consequence of a serious breakdown in the fulfillment
of a manufacturer’s responsibility to support its aircraft.

The FAA issues ADs to correct an existing unsafe condition in a product
when the condition is likely to exist or develop in other products of
the same type design.  They are issued for engines, propellers, and
other products approved under a TC or an STC, or that are manufactured
under a production certificate, a PMA, or a TSO authorization.

As the result of comments on the NPRM, the maximum takeoff weight for
light-sport aircraft is increased so that products, such as more
reliable type-certificated engines and propellers, can be installed on
these aircraft.  Installation of type certificated engines, propellers
and other products described in the preceding paragraph means that the
FAA must address maintenance performance and recording procedures for
complying with ADs issued for such products if they are installed on
special light-sport aircraft.  This is necessary because such products
will have continued airworthiness instructions provided as a part of
their FAA approval.  As a result, paragraph (b)(3) adds a requirement
that the owner or operator comply with all applicable ADs for
FAA-approved products installed on special light-sport aircraft.

The FAA notes that an owner or operator may request an alternate means
of compliance with an AD.  An owner or operator can contact the FAA
person whose name is given in the applicable AD and ask for approval to
correct the unsafe condition in a manner different than required by the
AD.

The FAA is adding a requirement in paragraph (b)(4) that owners or
operators of special light-sport aircraft comply with safety directives
that correct unsafe conditions.  The definition of “consensus
standard,” as specified in §1.1, requires that the standard include
provisions for maintaining the continued airworthiness of these
aircraft.  Under this process, a manufacturer, or successor to the
manufacturer who is responsible for continued airworthiness, must, under
§21.190, monitor and correct safety-of-flight issues through the
issuance of safety directives.  Accordingly, under §91.327 (b)(4), the
FAA is adopting operating limitations that require compliance with these
Safety Directives.  This prohibits the operation of a special
light-sport aircraft with a known unsafe condition.  The final rule also
requires compliance with applicable Safety Directives.  These safety
directives may be issued by persons other than the manufacturer who are
acceptable to the FAA, such as licensees authorized by the manufacturer
or successors.

Safety Directives may be issued only to correct unsafe conditions that
are likely to occur in other aircraft of the same make and model.
Safety Directives should not address problems unique to a single
aircraft, nor should they be used for product improvements or
enhancements.  Safety-of-flight determinations are made, and Safety
Directives issued, in accordance with the consensus standard for
continued airworthiness.  Section 91.327 (b)(4) permits, and consensus
standard will include, procedures for an owner or operator to request
approval for other means of correcting unsafe conditions that differ
from the means described in a Safety Directive.

A special light-sport aircraft will be considered ineligible for a
special light-sport category airworthiness certificate if an applicable
Safety Directive or an AD has not been complied with.  If an owner or
operator decides not to comply with a Safety Directive, his or her
aircraft may be re-certificated as an experimental aircraft under
§21.191 (i)(3).  Owners and operators of experimental light-sport
aircraft are not required to comply with Safety Directives.

	If an operator would like to maintain the special light-sport aircraft
airworthiness certificate without following a Safety Directive, there
are two ways to do this.

(1)  The owner or operator may approach the person that issued the
Safety Directive and request permission to use a different method to
correct the unsafe condition, as specified under §91.327 (b)(3)(i).
The person issuing the safety directive must concur that the method
specified is satisfactory.

(2)  If the first method is not satisfactory, and the owner or operator
has evidence that the Safety Directive was issued for reasons not
related to safety, the owner or operator may provide this evidence to
the FAA and request a waiver to operate the aircraft without complying
with the Safety Directive, as specified in §91.327 (b)(3)(ii).  The FAA
will establish a procedure for FAA Aircraft Certification Service review
of waiver requests.  This review will examine whether the manufacturer
followed the criteria in the consensus standard and issued the Safety
Directive to correct an unsafe condition.  This waiver request procedure
will be described in the guidance material for the rule.

Alterations (now §91.327 (b)(5)):  Paragraph (b)(5) adds a prohibition
against operating a special light-sport aircraft unless each alteration
made after its date of manufacture meets the applicable consensus
standard and has been authorized by either the manufacturer or a person
acceptable to the FAA.  If an aircraft has been improperly altered,
contains unauthorized parts, or has been repaired outside the limits
specified in the manufacturer’s maintenance and inspection procedures
manual, the aircraft will no longer meet the consensus standard and is
not considered safe to fly.  This determination is similar to that made
for type-certificated aircraft.  A type-certificated aircraft that has
been improperly altered, or has unapproved parts installed, no longer
meets its type design and is considered unairworthy.  This operating
limitation is consistent with the change to the definition of
“consensus standard” in §1.1, which includes a requirement that the
consensus standard address the identification and recording of major
repairs and major alterations.  See discussion of “consensus
standard” in §1.1 above.  This change to §91.327 also supports the
requirement in §21.181 (a)(3)(ii) that a special airworthiness
certificate in the light-sport category is effective as long as the
aircraft conforms to its original configuration, except for those
properly authorized alterations performed in accordance with an
applicable consensus standard.

Major repairs and major alterations (now §91.327 (b)(6)):  The FAA is
changing the definition of “consensus standard” in §1.1 to include
a requirement that a consensus standard address the identification of
major repairs and major alterations applicable to special light-sport
aircraft and how those major repairs and major alterations are recorded.
 The aircraft consensus standard should allow for the identification of
major repairs and major alterations by the manufacturer, or person
acceptable to the FAA, on parts produced under a consensus standard.  In
addition, the consensus standard should identify how major alterations
will be authorized by the manufacturer and how major repairs and
alterations will be recorded.

The reason the FAA is now requiring that manufacturers identify major
repairs and major alterations and how those repairs and alterations will
be recorded is that design data that meets the aircraft consensus
standard is only FAA-accepted data, not FAA-approved data.   Therefore,
the FAA is not requiring the use of approved data for repairs or
alterations on products produced without an FAA approval, or the use of
a form that requires the listing of approved data for a major repair or
major alteration on products produced without an FAA approval and
installed on special light-sport aircraft.

The final rule does not require persons performing work on special
light-sport aircraft to use FAA Form 337 for major repairs and major
alterations on products produced without an FAA approval, as required by
§§43.5 (b) and 43.9 (d).  They do not have to use the list of major
repairs and major alterations in part 43 appendix A sections (a) and (b)
for products produced without an FAA approval.  They also are not
required to record major repairs and major alterations in accordance
with part 43 appendix B for those parts and products produced without an
FAA approval, such as those manufactured under a consensus standard.
For additional discussion, see part 43 above.

Recordkeeping requirements for major repairs and major alterations
performed on type-certificated products (now §91.327 (b)(7)):  Several
commenters requested a higher weight limit for special light-sport
category aircraft for the purpose of installing type-certificated
engines and propellers.  As discussed in §91.327 (b)(1) and in part 43,
the FAA determined that it is necessary that the performance and
recording of maintenance work on these aircraft generally meet the
requirements of part 43.  This paragraph of the rule specifically
requires the owner or operator to comply with the recordkeeping
requirements for the recording of major repairs and major alterations
performed on type-certificated products in accordance with §43.9 (d),
and with the retention requirements in §91.417.

Additional Maintenance Requirements for Aircraft Used for Flight
Training and Towing (now §91.327 (c)):

Proposed paragraph (b)(2) would have addressed special inspection
requirements for special light-sport aircraft used for flight training.
These special requirements were proposed to insure a higher degree of
safety when these aircraft are used for this type of operation.  As
discussed above, §91.327 (a) has been changed to allow both flight
training and towing gliders and unpowered ultralight vehicles as
exceptions to the general prohibition against use of these aircraft for
compensation or hire.  To ensure a higher level of safety for aircraft
used in operations in which compensation may be provided, the FAA will
require 100-hour inspections for aircraft used for towing a glider or
unpowered ultralight vehicle for compensation.  This new requirement is
in addition to the originally proposed requirement for a 100-hour
inspection when the aircraft is used for flight training.  Further, the
FAA believes that added aircraft stress placed on these aircraft as a
result of their use in towing operations necessitates this additional
inspection requirement.

As originally proposed, paragraph (b)(2) would have required one type of
inspection within 100 hours of time in service.  That inspection
requirement is contained in paragraph (c)(1) of the final rule.
Paragraph (c)(2) is added in the final rule to allow a second type of
inspection to satisfy the 100-hour requirement for aircraft that are
used in towing or flight training.  An inspection for the issuance of an
airworthiness certificate in accordance with part 21 is acceptable as a
replacement for the 100-hour inspection.  This change is added to the
rule because, before an airworthiness certificate is issued for an
aircraft, it must be inspected and determined to be safe to fly.  The
inspection for the issuance of a special airworthiness certificate in
the light-sport category is similar in scope and detail to 100-hour
inspection.  Therefore the FAA has determined that requiring two similar
inspections within the first 100-hour time period after an aircraft is
issued its airworthiness certificate is not necessary.

Operating instructions (now §91.327 (d)):  New paragraph (d) requires
the operator of a special light-sport aircraft to operate the aircraft
in accordance with the aircraft manufacturer’s operating instructions.
 It also requires the operator to have the necessary equipment on board
the aircraft for the type of operation conducted, as specified in the
aircraft’s equipment list.  As proposed in §21.186, the FAA would
have required a person seeking a special light-sport category
airworthiness certificate to submit a pilot operating handbook (renamed
“operating instructions” in the final rule).  That handbook,
however, would not have required FAA approval.  Therefore, current
§91.9, which requires compliance with the operating limitations
specified in the approved flight manual, would not have applied.  This
provision corrects that oversight and requires a pilot to operate the
aircraft in accordance with its operating instructions.  Additionally,
the FAA notes that these operating instructions will specify equipment
necessary for particular types of flight operations.  This new
requirement is necessary because §91.205, which specifies instrument
and equipment requirements for particular flight operations, does not
apply to aircraft that are not issued standard airworthiness
certificates.

Passenger warnings (now §91.327 (e)):  New paragraph (e) of the final
rule requires that the operator of a special light-sport aircraft advise
each person of the nature of the aircraft, and that it does not meet the
airworthiness requirements for an aircraft issued a standard
airworthiness certificate.  The requirement for passenger warning is
consistent with the warning requirements for other non-type-certificated
aircraft, but was inadvertently omitted from the proposed rule.  The
final rule corrects this oversight.  Some commenters, noting and
recommending correction of the FAA’s oversight, asked whether placards
could be used to provide this warning.  Placards are acceptable if
displayed so that a passenger can readily see and take note of the
warning.

Additional limitations (now §91.327 (f)):  This paragraph was
originally proposed as paragraph (c).  It states that the FAA may impose
additional limitations on special light-sport aircraft that the FAA
considers necessary.  The proposed paragraph is adopted with minor
wording changes.  Note that under this provision, the FAA may consider
limiting the passengers that can be carried on these aircraft if
operational experience demonstrates such a need.

Changes

Proposed §91.327 is revised and reorganized in the final rule, as
follows.

Paragraph (a) is revised to more clearly specify the operating
limitations for a special light-sport aircraft, and to indicate that
these aircraft may not be used for compensation or hire except to tow a
glider or unpowered ultralight vehicle in accordance with §91.309, or
to conduct flight training.

Proposed paragraph (a)(1) is not adopted.

In proposed paragraph (a)(2), the compensation or hire provisions are
retained in paragraph (a) of the final rule; however, the words
“carrying persons or property” and “or for rental” are removed.
The paragraph is further revised to permit special light-sport aircraft
to be used for compensation or hire while towing a glider or an
unpowered ultralight vehicle in accordance with §91.309.

Proposed paragraphs (a)(3) through (a)(5), which addressed maintenance,
condition inspections, and safety-of-flight issues, are revised and
moved to paragraph (b) of the final rule, as described below.

Proposed paragraph (b) provisions are moved to paragraph (c) in the
final rule, as described below.

Paragraph (b)(1) (proposed as paragraph (a)(3)) is modified in the final
rule to reflect that special light-sport aircraft must be maintained in
accordance with the applicable provisions of part 43.  In addition, the
words “aircraft manufacturer’s maintenance and inspection
procedures” are changed to “maintenance and inspection procedures
developed by the aircraft manufacturer or a person acceptable to the
FAA.”

Paragraph (b)(2) (proposed as paragraph (a)(4)) is modified in the final
rule by changing the words “aircraft manufacturer’s maintenance and
inspection procedures” to “inspection procedures developed by the
aircraft manufacturer or a person acceptable to the FAA.”  In
addition, the term “repairman with a light-sport aircraft maintenance
rating” is changed to “repairman (light-sport aircraft) with a
maintenance rating.”

	Paragraph (b)(3) is added to the final rule to require an owner or
operator to comply with all applicable airworthiness directives.

Paragraph (b)(4) (proposed as paragraph (a)(5)) is modified in the final
rule to require compliance with safety directives.  The paragraph also
describes procedures for alternative compliance with safety directives.

	Paragraph (b)(5) is added to the final rule to require that each
alteration done after an aircraft’s date of manufacture meets the
applicable and current consensus standard and has been authorized by
either the manufacturer or a person acceptable to the FAA.

	Paragraph (b)(6) is added in the final rule.  The paragraph requires
that each major alteration to an aircraft product produced under a
consensus standard is authorized, performed and inspected in accordance
with maintenance and inspection procedures developed by the manufacturer
or a person acceptable to the FAA.

	Paragraph (b)(7) is added in the final rule.  The paragraph requires an
owner or operator to comply with the requirements for the recording and
retention of records for major repairs and major alterations performed
on type-certificated products.

	Proposed paragraph (c) is moved to paragraph (f) in the final rule, as
discussed below.

	Paragraph (c) (proposed as paragraph (b)) is expanded in the final
rule.  The proposal addressed aircraft used to provide flight
instruction.  In the final rule, the paragraph addresses aircraft used
for compensation or hire to tow gliders or unpowered ultralight vehicles
or to conduct flight training.  To be operated for this flight
instruction or towing, an aircraft must be inspected in accordance with
inspection procedures developed by the aircraft manufacturer or person
acceptable to the FAA and approved for return to service in accordance
with part 43 within the last 100 hours of time in service.
Alternatively, to meet this requirement, an aircraft can be inspected
for the issuance of an airworthiness certificate.  The original proposal
only would have permitted a condition inspection to be performed and
only addressed flight training.

Paragraph (d) is added in the final rule.  It requires the operator of a
special light-sport aircraft to operate the aircraft in accordance with
its operating instructions, including the equipment requirements
specified in the aircraft’s equipment list.

	Paragraph (e) is added in the final rule.  It contains a requirement
that the operator of a special light-sport aircraft advise each person
carried of the special nature of the aircraft and that it does not meet
the airworthiness requirements for a standard category aircraft.

Paragraph (f) (proposed as paragraph (c)) is adopted with minor wording
changes.

Section 91.409  Inspections

This section is revised to correct the proposed language.  The NPRM
stated that paragraphs (a) and (b) would not apply to “an aircraft
that carries the following special airworthiness certificates: special
flight permit, light-sport aircraft, current experimental, or
provisional.”  In the final rule, the FAA is eliminating the
unnecessary reference to special airworthiness certificates.
Additionally, the FAA is changing the proposed term “light-sport
aircraft” to “light-sport.”  This change conforms with the
terminology adopted in part 21.

	Proposed paragraph (c)(1) of this section would have required that
inspections mandated by paragraphs (a) and (b) not apply to aircraft
that carry special flight permits, current experimental, light-sport or
provisional airworthiness certificates.  The FAA received one comment
requesting that the FAA differentiate between the [special] light-sport
category and the light-sport experimental category because experimental
aircraft have always had specific limitations to control inspection,
repair, and alteration.  The FAA notes that experimental aircraft, such
as amateur-built aircraft, are not subject to the inspection
requirements of paragraphs (a) and (b) and only require an annual
condition inspection.  Special light-sport aircraft are also not subject
to the inspection requirements of paragraphs (a) and (b); however, the
operating limitations set forth in §91.327 impose requirements for a
condition inspection every 12 calendar months and an inspection within
the preceding 100 hours of time in service if the aircraft has been used
for certain operations.

Changes

Paragraph (c)(1) is adopted with no substantive change.

Appendix D to Part 91

	The introductory text of Section 4 is revised to prohibit sport and
recreational pilot operations at those 12 airports specified in the
section.  Section 91.131 (b)(2) states that no person may take off or
land a civil aircraft at those airports listed in that section unless
the pilot in command holds at least a private pilot certificate.
Section 4 is revised to be consistent with the provisions of §91.131
(b)(2).

Changes

	The section heading and the introductory text of Section 4 are revised
as discussed above.

VI.  Plain Language

Executive Order 12866 (58 FR 51735, Oct. 4, 1993) requires each agency
to write regulations that are simple and easy to understand.  In the
NPRM, the FAA used Plain Language techniques, such as
question-and-answer format, use of pronouns, short sentences, and clear
outlining of the preamble discussion.  One of the questions the FAA
asked for the On-Line Forum was whether readers found the document clear
and easy to understand.  Approximately 70 people responded.

About a dozen commenters said they did not find the NPRM easier to read,
but most did not go into detail.

About 30 others said that they thought the format of the NPRM was a
great improvement over other regulations, but that the complexity of the
subject and the length of the document made it still somewhat difficult
to follow.  Some said they did not like having to read references to
other regulations elsewhere in 14 CFR that were not reproduced in the
NPRM, or that they thought those regulations should have been rewritten
to match the plain language style of the new regulations.  Some said
that they had concerns that some provisions could be misinterpreted, or
that the NPRM did not answer all of the questions they had.  The FAA
agrees that it would be best to revise all of the related sections in 14
CFR in plain language format and reproduce them in one document for the
reader’s convenience; however, such a large task would have caused a
considerable delay and resulted in a much longer document.  The FAA is
clarifying and simplifying other regulations throughout 14 CFR as
opportunities arise; that is, when the FAA revises any sections of 14
CFR in other rulemaking actions, it is using clearer language.

The remaining commenters (approximately 30) said that they did find the
NPRM clear and easy to read, and they appreciated the FAA’s efforts to
write it in plain language.

VII.  Paperwork Reduction Act

As required by the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), the FAA submitted a copy of the information
collection requirements(s) in this final rule to the Office of
Management and Budget (OMB) for its review.  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.  Persons are not required to respond to a collection
of information unless it displays a currently valid OMB control number.

	This rule contains information collections that are subject to review
by OMB under the Paperwork Reduction Act of 1995 (Pub. L. 104-13).  OMB
approved the collection of this information and assigned OMB Control
Number 2120-0690.  This rule was proposed in the Federal Register of
February 5, 2002.  At that time, the                FAA requested public
comments on the proposed information collection requirements.  Some
commenters stated that it would be an unnecessary expense for ultralight
pilots seeking a sport pilot certificate to provide notarized copies of
ultralight association records.  The FAA agrees with the commenters and
is removing the requirement that the copies be notarized.  See the
discussion of §61.329 above.

The description of the annual burden is shown below.

	Description of Respondents:  Manufacturers, aircraft owners, pilots,
flight instructors with a sport pilot rating, and maintenance personnel.

	Estimated Burden:  The FAA expects that this rule will affect those
dealing with the certification, operation, maintenance, and manufacture
of light-sport aircraft, as well as flight instructors with a sport
pilot rating.

The final rule, which imposes additional reporting and recordkeeping
requirements, will have the following impacts, by CFR part number:

Part	Time (in hours)	Cost

21	53,849.80	$2,965,211

47	6,134.75	$202,194

61 (Pilots)	10,676.67	$1,185,993

61 (Instructors)	376.99	$54,039

43, 65, 91 (Maintenance)	1,316	$2,147,791

183	233.1717	$17,841

Total	72,582.38	$6,573,069

	The regulation will increase paperwork for the Federal government, as
shown in the following table:

Category	Time (in hours) 	Cost

Aircraft Certification	5,429	$397,027

Pilot and Instructor Qualifications	795	$41,537

Maintenance	803	$45,479

Miscellaneous	928.39	$39,690

TOTAL	7,955.39	$523,733

VIII.  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 this
regulation.

IX.  Economic Assessment

	Changes to Federal regulations must undergo several economic analyses.
First, Executive Order 12866 directs each Federal agency to 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 requires agencies to analyze the economic impact
of regulatory changes on small entities.  Third, the Trade Agreements
Act (19 U.S.C. 2531-2533) prohibits agencies from setting standards that
create unnecessary obstacles to the foreign commerce of the United
States.  In developing U.S. standards, this Trade Agreements Act also
requires agencies to consider international standards and, where
appropriate, use them as the basis of U.S. standards.  Fourth, the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires
agencies to prepare a written assessment of the costs, benefits, and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100 million
or more annually (adjusted for inflation).

	In conducting these analyses, FAA has determined this rule (1) has
benefits that justify its costs, is a “significant regulatory
action” as defined in section 3(f) of Executive Order 12866 and is
“significant” as defined in DOT's Regulatory Policies and
Procedures; (2) will not have a significant economic impact on a
substantial number of small entities; (3) will not result in an
international trade disadvantage; and (4) does not impose an unfunded
mandate on State, local, or tribal governments, or on the private
sector.  These analyses, available in the docket, are summarized below.

Total Costs and Benefits of this Rulemaking

The estimated cost of this final rule is $221.0 million  ($158.4
million, discounted).  The estimated potential benefits fall within the
range of $85.3 million (the set of preventable NTSB accidents) and
$325.4 million (the set of preventable NTSB accidents and the
preventable association accidents).  The discount benefits range between
$57.7 million and $220.3 million.

Who is Potentially Affected by this Rulemaking

Private Sector

All 14,000 pilots of unregistered ultralight-like aircraft must obtain
sport pilot certifications, must have their aircraft inspected and
certified, and must have their aircraft maintained by appropriately
trained repairmen.

Existing uncertified vehicles that fit the definition of light-sport
aircraft will not be issued experimental certificates after August 31,
2007.

 Manufacturers of aircraft will produce special light sport aircraft
certificated under §21.190 that adhere to manufacturer’s consensus
standards.

New kit-built light-sport aircraft that are produced under consensus
standards will have to be certified as experimental light-sport
aircraft, under §21.191(i)(2).

New factory built light-sport aircraft produced under consensus
standards may be certified as special light-sport aircraft or as
experimental light-sport aircraft.

Current ultralight instructors operating under the part 103 training
exemption that receive a flight instructor certificate with a sport
pilot rating and plan to continue flight instructing will have to
replace their existing training aircraft within five years after the
rule is enacted with a certificated special light-sport aircraft
(§21.190) in order to continue to offer training for compensation.

Sport pilot organizations or some for-profit organizations will develop
training courses for instructors with a sport pilot rating to purchase.

Some existing aircraft will fit the definition of light-sport aircraft
and anyone with a sport pilot certificate will be allowed to fly them
provided they are only exercising sport pilot privileges.  Under the
current rules a private or recreational pilot certificate would be
required to operate these aircraft.

New sport pilot Designated Airworthiness Representatives (DARs) for
light-sport aircraft will need to take a three-day training course in
order to issue airworthiness certificates for light sport aircraft.

New Designated Pilot Examiners (DPEs) for sport pilots will have to take
a five-day training course in order to prepare them to examine sport
pilots and sport pilot instructors.

The FAA will work with industry in developing and overseeing the
consensus standards.

The FAA will develop Advisory Circulars, orders, and articles for the
light sport repairman course requirements.

The FAA will develop and provide training programs for Designated
Airworthiness Representatives, and Designated Pilot Examiners.

The FAA will appoint, supervise and renew light-sport DARs, and sport
pilot DPEs.

The FAA will develop practical test standards and knowledge test
standards for prospective sport pilots and flight instructors with a
sport pilot rating applying for certification.

Each light-sport aircraft issued an experimental certificate or a
special light-sport airworthiness certificate will be registered in the
FAA Civil Aviation Registry.

The NTSB will investigate accidents involving light-sport aircraft.

The FAA’s Cost Assumptions and Sources of Information

 Discount rate – 7%

 Period of analysis – 2004 through 2013

All monetary values are expressed in 2002 dollars.

 Number of existing aircraft and pilots/instructors affected – 15,300

The number of new sport pilots is estimated to be 400 for each of the
first two years.  The number of new sport pilots will increase by 400
every two years, so by 2012 and 2013 there will be 2,000 new sport
pilots each year for a total of 12,000 new sport pilots over ten years.
The number of new sport pilot instructors is estimated to be 70 for each
of the first two years (2004-2005).  The number of new sport pilot
instructors will increase by 20 every two years, so by 2012 and 2013
there will be 150 new sport pilot instructors each year for a total of
1,100 new sport pilot instructors over ten years.  The new instructors
will come from the existing sport pilots or new sport pilots from prior
years.

From 2006 to 2013 the affected population of pilots and instructors will
grow at 6.82 percent a year.  This rate was used in projecting future
accidents.

Value of fatality avoided - $3.0 million

Value of serious injury avoided - $580,700

Value of avoiding destroyed aircraft - $18,083

Value of avoiding substantially damaged aircraft - $9,041

Alternatives The FAA Considered

	Alternative One – Status Quo:  The status quo represents a situation
in which the FAA would issue training exemptions from part 103
indefinitely.  This would perpetuate “rulemaking by exemption,”
which the FAA wants to avoid.

	Alternative Two – Strictly Enforce Current Regulations:  The second
alternative is to strictly enforce the current rules that could apply to
sports pilots.  The problem with this is that the existing rules on
these types of operations and aircraft were developed long before sports
pilots became a large and growing part of aviation.  The current rules,
if strictly enforced, would result in very costly requirement
requirements.  From 2004 to 2013, the total cost of this alternative
will be approximately $478 million ($368 million discounted).

Benefits of This Rulemaking

The FAA has performed an analysis of potential safety benefits of this
rule.  Safety benefits are the number of accidents that may be avoided
because of the rule, with their attendant fatalities, injuries and
property damage.

	This analysis estimated accidents prevented from two sets of data.  One
set of data was U.S. Government data – the NTSB and NASDAC databases
that included accidents involving certificated and uncertificated
aircraft that meet the definition of light-sport aircraft.  The second
set was from three of the FAA recognized ultralight organizations that
contained records of accidents of aircraft meeting the definition of
light-sport aircraft, but were not FAA certificated.

Accidents from the government databases included 19 between 1995 and
2002 that would likely be prevented by this rule.  The projected total
estimated benefits from avoiding those accidents that were in the U.S.
Government databases are $85.3 million ($57.7 million, discounted) over
the next ten years.

A review of the information from the trade organizations revealed that
there were 57 accidents between 1995 and 2002 that involved light-sport
type aircraft.  The estimated potential benefits fall within the range
of $85.3 million (the set of preventable NTSB accidents) and $325.4
million (the set of preventable NTSB accidents and the preventable
association accidents).  The discounted benefits range between $57.7
million and $220.3 million.

Costs of this Rulemaking

From 2004 to 2013, the total cost of the rule will be approximately
$221.0 million ($158.4 million, discounted).  The total cost of the rule
consists of private sector costs and government costs.  Private sector
costs will be approximately $202.0 million ($144.5 million, discounted),
of which $139.5 million ($98.9 million, discounted) represent the
out-of-pocket costs.  Government costs will be approximately $18.9
million ($13.9 million, discounted).

Differences in the NPRM Economic Evaluation and the Final Rule Economic
Evaluation

       Estimated costs and benefits have changed significantly in the
final rule regulatory evaluation from the NPRM regulatory evaluation.
The NPRM estimated costs of $40.3 million ($33.9 million, discounted) in
1999 dollars, while the final rule cost estimates are $221.0 million
($158.4 million, discounted) in 2002 dollars.  The NPRM estimated
benefits of $221.4 million ($153.3 million, discounted) and the final
rule estimates the potential benefits to fall within the range of $85.3
million and $325.4 million (between $57.7 million and $220.3 million,
discounted).

X.  Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit
regulatory requirements to the scale of the business, organizations, and
governmental jurisdictions subject to the regulation.  The FAA is
required to determine whether a proposed or final action will have a
“significant economic impact on a substantial number of small
entities” as they are defined in the Act.  If the FAA finds that the
action will have a significant impact, the FAA must do a “regulatory
flexibility analysis.”

Most of the individual sport pilots impacted by this rulemaking are
people who are flying as a hobby.  The Regulatory Flexibility Act does
not apply to them.  However, some of the sport pilot instructors are
providing instruction as a business endeavor, and in these cases the
Regulatory Flexibility Act does apply.  Costs imposed on instructors are
between $6,000 and $7,000 over a ten-year period.  This cost does not
include any cost for the maintenance repair class.  The rule allows a
sport pilot with an instructor rating to take this class; the rule does
not mandate it.  For this reason, the cost of this class is not
considered in this regulatory flexibility determination.  On an
annualized basis, these imposed costs are between $630 and $820, which
the FAA does not consider as significant costs.  Some existing
instructors will have to acquire a new light sport aircraft within five
years if they plan to continue instructing student sport pilots.  A
little over a quarter of the new and existing sport pilot instructors
would be impacted by this provision of the rule.  For these instructors,
if they are not able to sell their old light sport aircraft, the ten
year imposed cost of this rule could be as high as $11,700 or $1,220
annualized (in most cases the cost would be less).  For some weekend
instructors these costs may be more than what they may wish to incur,
and they would stop being instructors.  The FAA does not believe this
will occur, because the FAA believes that most, possible all, of these
instructors will be able to sell their old light sport aircraft that
this rule requires them to replace.  By selling their old light sport
aircraft, these impacted instructors could reduce the ten-year costs
imposed by this provision to about $6,000, which could reduce their
annualized costs to $630.  The FAA does not consider this to be a
significant cost.  Consequently, the FAA certifies that the rule will
not have a significant economic impact on a substantial number of sport
pilot instructors.

XI.   International Trade Impact Assessment

The Trade Agreement Act of 1979 prohibits Federal agencies from engaging
in any standards or 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.  This
effort includes both barriers affecting the export of American goods and
services to foreign countries and barriers affecting the import of
foreign goods and services into the United States.

In accordance with the above statute, the FAA has assessed the potential
effect of the proposal and has determined that it will not present a
significant impediment to either U.S. firms doing business aboard or
foreign firms doing business in the United States.

The rule is expected to stimulate a great deal of growth for the
light-sport aircraft aviation industry in the United States and abroad.
The belief that no significant trade disadvantage will take place is
based on the premise that the number of the requirements contained in
the rule (namely, aircraft certification standards) essentially mirrors
those that already exist internationally.

XII.   Unfunded Mandates Assessment

The Unfunded Mandates Reform Act of 1995 (the Act) is intended, among
other things, to curb the practice of imposing unfunded Federal mandates
on State, local, and tribal governments.

Title II of the Act 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) 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 $120.7 million in lieu
of $100 million.

Since the compliance cost of the rule does not exceed $100 million in
any of the years, the rule does not contain such a mandate.  Therefore,
the requirements of Title II of the Unfunded Mandates Reform Act of 1995
do not apply.

XIII.  Executive Order 13132, Federalism

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

XIV.  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 rulemaking
action qualifies for the categorical exclusion identified in paragraph
312f. and involves no extraordinary circumstances.

XV.  Energy Impact

The energy impact of this rule has been assessed in accordance with the
Energy Policy and Conservation Act (EPCA) Public Law 94-163, as amended
(42 U.S.C. 6362) and FAA Order 1053.1.  The FAA has determined that
the final rule is not a major regulatory action under the provisions of
the EPCA.

XVI.  List of Subjects

14 CFR Part 1

Air transportation.

14 CFR Part 21

	Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.

14 CFR Part 43

	Aircraft, Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 45

	Aircraft, Exports, Signs and symbols.

14 CFR Part 61

	Aircraft, Airmen, Recreation and recreation areas, Reporting and
recordkeeping requirements, Teachers.

14 CFR Part 65

	Air traffic controllers, Aircraft, Airmen, Airports, Reporting and
recordkeeping requirements.

14 CFR Part 91

	Air traffic control, Aircraft, Airmen, Airports, Aviation Safety, Noise
control, Reporting and recordkeeping requirements.

The Amendments

In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR chapter I as follows:

PART 1—DEFINITIONS AND ABBREVIATIONS

1.  The authority citation for part 1 continues to read as follows:

Authority:  49 U.S.C. 106(g), 40113, 44701.

2.  Amend §1.1 by adding the following definitions in alphabetical
order to read as follows:

§1.1  General definitions.

* 	*	 *	 * 	*

Consensus standard means, for the purpose of certificating light-sport
aircraft, an industry-developed consensus standard that applies to
aircraft design, production, and airworthiness.  It includes, but is not
limited to, standards for aircraft design and performance, required
equipment, manufacturer quality assurance systems, production acceptance
test procedures, operating instructions, maintenance and inspection
procedures, identification and recording of major repairs and major
alterations, and continued airworthiness.

*	 *	 * 	* 	*

Light-sport aircraft means an aircraft, other than a helicopter or
powered-lift that, since its original certification, has continued to
meet the following:

(1)  A maximum takeoff weight of not more than––

(i)  660 pounds (300 kilograms) for lighter-than-air aircraft;

(ii)  1,320 pounds (600 kilograms) for aircraft not intended for
operation on water; or

(iii)  1,430 pounds (650 kilograms) for an aircraft intended for
operation on water.

(2)  A maximum airspeed in level flight with maximum continuous power
(VH) of not more than 120 knots CAS under standard atmospheric
conditions at sea level.

(3)  A maximum never-exceed speed (VNE) of not more than 120 knots CAS
for a glider.

(4)  A maximum stalling speed or minimum steady flight speed without the
use of lift-enhancing devices (VS1) of not more than 45 knots CAS at the
aircraft’s maximum certificated takeoff weight and most critical
center of gravity.

(5)  A maximum seating capacity of no more than two persons, including
the pilot.

(6)  A single, reciprocating engine, if powered.

(7)  A fixed or ground-adjustable propeller if a powered aircraft other
than a  powered glider.

(8)  A fixed or autofeathering propeller system if a powered glider.

(9)  A fixed-pitch, semi-rigid, teetering, two-blade rotor system, if a
gyroplane.

(10)  A nonpressurized cabin, if equipped with a cabin.

(11)  Fixed landing gear, except for an aircraft intended for operation
on water or a glider.

(12)  Fixed or repositionable landing gear, or a hull, for an aircraft
intended for operation on water.

(13)  Fixed or retractable landing gear for a glider.

*	*	*	*	*

Powered parachute means a powered aircraft comprised of a flexible or
semi-rigid wing connected to a fuselage so that the wing is not in
position for flight until the aircraft is in motion.  The fuselage of a
powered parachute contains the aircraft engine, a seat for each occupant
and is attached to the aircraft’s landing gear.

*	*	*	*	*

Weight-shift-control aircraft means a powered aircraft with a framed
pivoting wing and a fuselage controllable only in pitch and roll by the
pilot’s ability to change the aircraft’s center of gravity with
respect to the wing.  Flight control of the aircraft depends on the
wing’s ability to flexibly deform rather than the use of control
surfaces.

*	*	*	*	*

PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

3.  The authority citation for part 21 continues to read as follows:

Authority:  42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701-44702,
44707, 44709, 44711, 44713, 44715, 45303.

4.  Amend §21.175 by revising paragraph (b) to read as follows:

§21.175  Airworthiness certificates:  classification.

*	*	*	*	*

(b)  Special airworthiness certificates are primary, restricted,
limited, light-sport, and provisional airworthiness certificates,
special flight permits, and experimental certificates.

5.  Amend §21.181 by redesignating paragraph (a)(3) as paragraph (a)(4)
and revising it to read as follows, and adding new paragraph (a)(3) to
read as follows:

§21.181  Duration.

(a)  * * *

(3)  A special airworthiness certificate in the light-sport category is
effective as long as—

(i)  The aircraft meets the definition of a light-sport aircraft;

(ii)  The aircraft conforms to its original configuration, except for
those alterations performed in accordance with an applicable consensus
standard and authorized by the aircraft’s manufacturer or a person
acceptable to the FAA;

(iii)  The aircraft has no unsafe condition and is not likely to develop
an unsafe condition; and

(iv)  The aircraft is registered in the United States.

(4)  An experimental certificate for research and development, showing
compliance with regulations, crew training, or market surveys is
effective for 1 year after the date of issue or renewal unless the FAA
prescribes a shorter period.  The duration of an experimental
certificate issued for operating amateur-built aircraft, exhibition,
air-racing, operating primary kit-built aircraft, or operating
light-sport aircraft is unlimited, unless the FAA establishes a specific
period for good cause.

*	*	*	*	*

6.  Amend §21.182 by revising paragraph (b)(2) to read as follows:

§21.182  Aircraft identification.

*	*	*	*	*

(b)  * * *

(2)  An experimental certificate for an aircraft not issued for the
purpose of operating amateur-built aircraft, operating primary kit-built
aircraft, or operating light-sport aircraft.

* 	* 	*	 * 	*

7.  Add §21.190 to read as follows:

§21.190  Issue of a special airworthiness certificate for a light-sport
category aircraft.

(a)  Purpose.  The FAA issues a special airworthiness certificate in the
light-sport category to operate a light-sport aircraft, other than a
gyroplane.

(b)  Eligibility.  To be eligible for a special airworthiness
certificate in the light-sport category:

(1)  An applicant must provide the FAA with—

(i)  The aircraft’s operating instructions;

(ii)  The aircraft’s maintenance and inspection procedures;

(iii)  The manufacturer’s statement of compliance as described in
paragraph (c) of this section; and

(iv)  The aircraft’s flight training supplement.

(2)  The aircraft must not have been previously issued a standard,
primary, restricted, limited, or provisional airworthiness certificate,
or an equivalent airworthiness certificate issued by a foreign civil
aviation authority.

(3)  The aircraft must be inspected by the FAA and found to be in a
condition for safe operation.

(c)  Manufacturer’s statement of compliance for light-sport category
aircraft.  The manufacturer’s statement of compliance required in
paragraph (b)(1)(iii) of this section must––

(1)  Identify the aircraft by make and model, serial number, class,

date of manufacture, and consensus standard used;

(2)  State that the aircraft meets the provisions of the identified
consensus standard;

(3)  State that the aircraft conforms to the manufacturer’s design
data, using the manufacturer’s quality assurance system that meets the
identified consensus standard;

(4)  State that the manufacturer will make available to any interested
person the following documents that meet the identified consensus
standard:

(i)  The aircraft’s operating instructions.

(ii)  The aircraft’s maintenance and inspection procedures.

(iii)  The aircraft’s flight training supplement.

(5)  State that the manufacturer will monitor and correct
safety-of-flight issues through the issuance of safety directives and a
continued airworthiness system that meets the identified consensus
standard;

(6)  State that at the request of the FAA, the manufacturer will provide
unrestricted access to its facilities; and

(7)  State that the manufacturer, in accordance with a production
acceptance test procedure that meets an applicable consensus standard
has—

(i)  Ground and flight tested the aircraft;

(ii)  Found the aircraft performance acceptable; and

(iii)  Determined that the aircraft is in a condition for safe
operation.

(d)  Light-sport aircraft manufactured outside the United States.  For
aircraft manufactured outside of the United States to be eligible for a
special airworthiness certificate in the light-sport category, an
applicant must meet the requirements of paragraph (b) of this section
and provide to the FAA evidence that––

(1)  The aircraft was manufactured in a country with which the United
States has a Bilateral Airworthiness Agreement concerning airplanes or
Bilateral Aviation Safety Agreement with associated Implementation
Procedures for Airworthiness concerning airplanes, or an equivalent
airworthiness agreement; and

(2)  The aircraft is eligible for an airworthiness certificate, flight
authorization, or other similar certification in its country of
manufacture.

8.  Amend §21.191 by revising the heading of paragraph (h) and adding
paragraph (i) to read as follows:

§21.191  Experimental certificates.

* 	* 	*	 * 	*

(h)  Operating primary kit-built aircraft.  *  *  *

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

(1)  Has not been issued a U.S. or foreign airworthiness certificate and
does not meet the provisions of §103.1 of this chapter.  An
experimental certificate will not be issued under this paragraph for
these aircraft after August 31, 2007;

(2)  Has been assembled—

(i)   From an aircraft kit for which the applicant can provide the
information required by §21.193 (e); and

(ii)  In accordance with manufacturer’s assembly instructions that
meet an applicable consensus standard; or

(3)  Has been previously issued a special airworthiness certificate in
the light-sport category under §21.190.

9.  Amend § 21.193 by adding paragraph (e) to read as follows:

§21.193  Experimental certificates:  general.

*	 * 	*	 * 	*

(e)  In the case of a light-sport aircraft assembled from a kit to be
certificated in accordance with §21.191 (i)(2), an applicant must
provide the following:

(1)  Evidence that an aircraft of the same make and model was
manufactured and assembled by the aircraft kit manufacturer and issued a
special airworthiness certificate in the light-sport category.

(2)  The aircraft’s operating instructions.

(3)  The aircraft’s maintenance and inspection procedures.

(4)  The manufacturer’s statement of compliance for the aircraft kit
used in the aircraft assembly that meets §21.190 (c), except that
instead of meeting §21.190 (c)(7), the statement must identify assembly
instructions for the aircraft that meet an applicable consensus
standard.

(5)  The aircraft’s flight training supplement.

(6)  In addition to paragraphs (e)(1) through (e)(5) of this section,
for an aircraft kit manufactured outside of the United States, evidence
that the aircraft kit was manufactured in a country with which the
United States has a Bilateral Airworthiness Agreement concerning
airplanes or a Bilateral Aviation Safety Agreement with associated
Implementation Procedures for Airworthiness concerning airplanes, or an
equivalent airworthiness agreement.

PART 43—MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING,
AND ALTERATION

10.  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.

11.  Amend §43.1 by:

a.  Revising the introductory text of paragraph (a);

b.  Revising paragraph (b); and

c.  Adding paragraph (d).

The revisions and additions read as follows:

§43.1  Applicability.

(a)  Except as provided in paragraphs (b) and (d) of this section, this
part prescribes rules governing the maintenance, preventive maintenance,
rebuilding, and alteration of any—

*	*	*	*	*

(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 for that aircraft.

*	*	*	*	*

(d)  This part applies to any aircraft issued a special airworthiness
certificate in the light-sport category except:

(1)  The repair or alteration form specified in §§43.5 (b) and 43.9
(d) is not required to be completed for products not produced under an
FAA approval;

(2)  Major repairs and major alterations for products not produced under
an FAA approval are not required to be recorded in accordance with
appendix B of this part; and

(3)  The listing of major alterations and major repairs specified in
paragraphs (a) and (b) of appendix A of this part is not applicable to
products not produced under an FAA approval.

12.  Amend §43.3 by revising paragraphs (c) and (g) to read as follows:

§43.3  Persons authorized to perform maintenance, preventive
maintenance, rebuilding, and alterations.

*	*	*	*	*

	(c)  The holder of a repairman certificate may perform maintenance,
preventive maintenance, and alterations as provided in part 65 of this
chapter.

*	*	*	*	*

	(g)  Except for holders of a sport pilot certificate, the holder of a
pilot certificate issued under part 61 may perform preventive
maintenance on any aircraft owned or operated by that pilot which is not
used under part 121, 129, or 135 of this chapter.  The holder of a sport
pilot certificate may perform preventive maintenance on an aircraft
owned or operated by that pilot and issued a special airworthiness
certificate in the light-sport category.

*	*	*	*	*

13.  Amend §43.7 by adding paragraphs (g) and (h) to read as follows:

§43.7  Persons authorized to approve aircraft, airframes, aircraft
engines, propellers, appliances, or component parts for return to
service after maintenance, preventive maintenance, rebuilding, or
alteration.

*	*	*	*	*

	(g)  The holder of a repairman certificate (light-sport aircraft) with
a maintenance rating may approve an aircraft issued a special
airworthiness certificate in light-sport category for return to service,
as provided in part 65 of this chapter.

	(h)  The holder of at least a sport pilot certificate may approve an
aircraft owned or operated by that pilot and issued a special
airworthiness certificate in the light-sport category for return to
service after performing preventive maintenance under the provisions of
§43.3 (g).

	14.  Amend §43.9 by:

a.  Revising the section heading;

b.  Redesignating the concluding text of paragraph (a) as paragraph (d);

c.  Revising new paragraph (d); and

d.   Removing the reference “123” from paragraph (c).

The revisions read as follows:

§43.9  Content, form, and disposition of maintenance, preventive
maintenance, rebuilding, and alteration records (except inspections
performed in accordance with part 91, part 125, §135.411 (a)(1), and
§135.419 of this chapter).

*	*	*	*	*

(d)  In addition to the entry required by paragraph (a) of this section,
major repairs and major alterations shall be entered on a form, and the
form disposed of, in the manner prescribed in appendix B, by the person
performing the work.

PART 45—IDENTIFICATION AND REGISTRATION MARKING

15.  The authority citation for part 45 continues to read as follows:

Authority:  49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-44105,
44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-44713, 44725,
45302-45303, 46104, 46304, 46306, 47122.

16.  Amend §45.11 by:

a.  Amending the third sentence of paragraph (a) to revise the words
“paragraphs (c) and (d) of this section” to read “paragraphs (c),
(d), and (e) of this section”; and

b.  Adding paragraph (e) to read as follows.

§45.11  General.

*	*	*	*	*

(e)  For powered parachutes and weight-shift-control aircraft, the
identification plate prescribed in paragraph (a) of this section must be
secured to the aircraft fuselage exterior so that it is legible to a
person on the ground.

17.  Amend §45.23 by revising paragraph (b) to read as follows:

§45.23  Display of marks; general.

* 	* 	*	* 	*

(b)  When marks include only the Roman capital letter “N” and the
registration number is displayed on limited, restricted or light-sport
category aircraft or experimental or provisionally certificated
aircraft, the operator must also display on that aircraft near each
entrance to the cabin, cockpit, or pilot station, in letters not less
than 2 inches nor more than 6 inches high, the words “limited,”
“restricted,’’ “light-sport,” “experimental,” or
“provisional,” as applicable.

18.  Amend §45.27 by adding paragraph (e) to read as follows:

§45.27  Location of marks; non-fixed-wing aircraft.

* 	*	 *	 * 	*

(e)  Powered parachute and weight-shift-control aircraft.  Each operator
of a powered parachute or a weight-shift-control aircraft must display
the marks required by §45.23.  The marks must be displayed horizontally
and in two diametrically opposite positions on any fuselage structural
member.

19.  Amend §45.29 by revising paragraphs (b)(1)(iii) and (b)(2) to read
as follows:

§45.29  Size of marks.

* 	*	 * 	* 	*

(b)  * * *

(1)  * * *

(iii)  Marks at least 3 inches high may be displayed on an aircraft for
which the FAA has issued an experimental certificate under §21.191 (d),
§21.191 (g), or §21.191 (i) of this chapter to operate as an
exhibition aircraft, an amateur-built aircraft, or a light-sport
aircraft when the maximum cruising speed of the aircraft does not exceed
180 knots CAS; and

*	 * 	*	 *	 *

(2)  Airships, spherical balloons, nonspherical balloons, powered
parachutes, and weight-shift-control aircraft must be at least 3 inches
high; and

*	 * 	* 	*	 *

PART 61—CERTIFICATION:  PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

20.  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.

21.  Amend §61.1 by:

a.  Revising paragraphs (b)(3)(i) introductory text and (b)(3)(ii)
introductory text;

b.  Redesignating paragraphs (b)(3)(iii), (b)(3)(iv), (b)(3)(v), and
(b)(15) as paragraphs (b)(3)(v), (b)(3)(vi), (b)(3)(vii), and (b)(16),
respectively; and

c.  Adding new paragraphs (b)(3)(iii), (b)(3)(iv), and (b)(15).

The additions and revisions read as follows:

§61.1  Applicability and definitions.

* 	* 	*	 *	 *

(b)  * * *

(3)  * * *

(i)  Except as provided in paragraphs (b)(3)(ii) through (b)(3)(vi) of
this section, time acquired during flight—

* 	* 	*	 * 	*

	(ii)  For the purpose of meeting the aeronautical experience
requirements (except for a rotorcraft category rating), for a private
pilot certificate (except for a powered parachute category rating), a
commercial pilot certificate, or an instrument rating, or for the
purpose of exercising recreational pilot privileges (except in a
rotorcraft) under §61.101 (c), time acquired during a flight—

*	*	*	*	*

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

(A)  Includes a point of landing at least a straight line distance of
more than 25 nautical miles from the original point of departure; and

(B)  Involves,  as applicable, the use of dead reckoning; pilotage;
electronic navigation aids; radio aids; or other navigation systems to
navigate to the landing point.

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

(A)  Includes a point of landing at least a straight line distance of
more than 15 nautical miles from the original point of departure; and

(B)  Involves, as applicable, the use of dead reckoning; pilotage;
electronic navigation aids; radio aids; or other navigation systems to
navigate to the landing point.

* 	* 	* 	* 	*

(15)  Student pilot seeking a sport pilot certificate means a person who
has received an endorsement—

(i)  To exercise student pilot privileges from a certificated flight
instructor with a sport pilot rating; or

(ii)  That includes a limitation for the operation of a light-sport
aircraft specified in §61.89 (c) issued by a certificated flight
instructor with other than a sport pilot rating.

*	 * 	* 	* 	*

22.  Amend §61.3 by:

a.  Revising paragraph (c)(2)(i);

b.  Redesignating paragraphs (c)(2)(ii) through (c)(2)(vii) as
paragraphs (c)(2)(vi) through (c)(2)(xi) respectively;

c.  Revising the reference to “paragraph (c)(2)(iii)” to read
“paragraph (c)(2)(vii)” in newly redesignated paragraph
(c)(2)(viii); and

d.  Adding new paragraphs (c)(2)(ii) through (c)(2)(v).

The revisions and additions 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, a balloon
class rating, or glider or balloon privileges;

(ii)  Is exercising the privileges of a student pilot certificate while
seeking a sport pilot certificate with other than glider or balloon
privileges and holds a current and valid U.S. driver’s license;

(iii)  Is exercising the privileges of a student pilot certificate while
seeking a pilot certificate with a weight-shift-control aircraft
category rating or a powered parachute category rating 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 privileges;

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

(A)  Has been found eligible for the issuance of at least a third-class
airman medical certificate at the time of his or her most recent
application; and

(B)  Has not had his or her most recently issued medical certificate
suspended or revoked or most recent Authorization for a Special Issuance
of a Medical Certificate withdrawn.

* 	*	 * 	* 	*

23.  Amend §61.5 by:

a.  Redesignating paragraphs (a)(1)(ii) through (a)(1)(v) as paragraphs
(a)(1)(iii) through (a)(1)(vi), respectively;

b.  Redesignating paragraphs (b)(5) and (b)(6) as paragraphs (b)(7)
and (b)(8), respectively; and

c.  Adding new paragraphs (a)(1)(ii), (b)(1)(vi), (b)(1)(vii), (b)(5),
(b)(6), and (c)(5) to read as follows:

§61.5  Certificates and ratings issued under this part.

(a)  * * *

(1)  * * *

(ii)  Sport pilot.

*	 * 	*	 *	 *

(b)  *  *  *

(1)  * * *

(vi)  Powered parachute.

(vii)  Weight-shift-control aircraft.

*	 * 	* 	* 	*

(5)  Weight-shift-control aircraft class ratings–

(i)  Weight-shift-control aircraft land.

(ii)  Weight-shift-control aircraft sea.

(6)  Powered parachute class ratings–

(i)  Powered parachute land.

(ii)  Powered parachute sea.

* 	*	 *	 *	 *

(c)  * * *

(5)  Sport pilot rating.

*	 * 	* 	*	*

24.  Amend §61.23 by:

a.  Revising paragraphs (a) introductory text, (a)(3)(iii), (a)(3)(iv),
(b) introductory text, and (b)(1) through (b)(4);

b.  Redesignating paragraph (c) as paragraph (d); and

c.  Adding new paragraph (c).

The additions and revisions read as follows:

§61.23  Medical certificates:  Requirement and duration.

(a)  Operations requiring a medical certificate.  Except as provided in
paragraphs (b) and (c) of this section, a person--

* 	*	 * 	* 	*

(3)  * * *

(iii)  When exercising the privileges of a student pilot certificate;

(iv)  When exercising the privileges of a flight instructor certificate,
except for a flight instructor certificate with a glider category rating
or sport pilot rating, if the person is acting as pilot in command or is
serving as a required flight crewmember; or

*	*	* 	* 	*

(b)  Operations not requiring a medical certificate.  A person is not
required to hold a valid medical certificate--

(1)  When exercising the privileges of a student pilot certificate while
seeking–

(i)  A sport pilot certificate with glider or balloon privileges; or

(ii)  A pilot certificate with a glider category rating or balloon class
rating;

(2)  When exercising the privileges of a sport pilot certificate with
privileges in a glider or balloon;

(3)  When exercising the privileges of a pilot certificate with a glider
category or balloon class rating;

(4)  When exercising the privileges of a flight instructor certificate
with–

(i)  A sport pilot rating in a glider or balloon; or

(ii)  A glider category rating;

*	 *	 * 	* 	*

(c)  Operations requiring either a medical certificate or U.S. driver's
license.  (1) A person must hold and possess either a valid medical
certificate issued under part 67 of this chapter or a current and valid
U.S. driver's license when exercising the privileges of—

(i)  A student pilot certificate while seeking sport pilot privileges in
a light-sport aircraft other than a glider or balloon;

(ii)  A sport pilot certificate in a light-sport aircraft other than a
glider or balloon; or

(iii)  A flight instructor certificate with a sport pilot rating while
acting as pilot in command or serving as a required flight crewmember of
 a light-sport aircraft other than a glider or balloon.

(2)  A person using a current and valid U.S. driver’s license to meet
the requirements of this paragraph must--

(i)  Comply with each restriction and limitation imposed by that
person’s U.S. driver’s license and any judicial or administrative
order applying to the operation of a motor vehicle;

 (ii)  Have been found eligible for the issuance of at least a
third-class airman medical certificate at the time of his or her most
recent application (if the person has applied for a medical
certificate);

(iii)  Not have had his or her most recently issued medical certificate
(if the person has held a medical certificate) suspended or revoked or
most recent Authorization for a Special Issuance of a Medical
Certificate withdrawn; and

(iv)  Not know or have reason to know of any medical condition that
would make that person unable to operate a light-sport aircraft in a
safe manner.

*	 * 	* 	* 	*

25.  Amend §61.31 by:

a.  Revising paragraphs (k)(1) and (k)(2)(iii);

b.  Removing the word “or;” from the end of paragraph (k)(2)(iv) and
placing it at the end of paragraph (k)(2)(v); and

c.  Adding paragraph (k)(2)(vi).

The addition and revisions read as follows:

§ 61.31  Type rating requirements, additional training, and
authorization requirements.

*	 * 	*	 *	 *

* * *

(1)  This section does not require a category and class rating for
aircraft not type-certificated as airplanes, rotorcraft, gliders,
lighter-than-air aircraft, powered-lifts, powered parachutes, or
weight-shift-control aircraft.

(2)  * * *

(iii)  The holder of a pilot certificate when operating an aircraft
under the authority of--

(A)  A provisional type certificate; or

(B)  An experimental certificate, unless the operation involves carrying
a passenger;

*	*	*	*	*

	(vi)  The holder of a sport pilot certificate when operating a
light-sport aircraft.

26.  Amend §61.45 by revising paragraphs (a)(1)(ii), (a)(2)(i), and
(b)(1)(iii), and adding paragraph (f) to read as follows:

§61.45  Practical tests:  Required aircraft and equipment.

(a)  * * *

(1)  * * *

(ii)  Has a current standard airworthiness certificate or special
airworthiness certificate in the limited, primary, or light-sport
category.

(2)  * * *

(i)  An aircraft that has a current airworthiness certificate other than
a standard airworthiness certificate or special airworthiness
certificate in the limited, primary, or light-sport category, but that
otherwise meets the requirements of paragraph (a)(1) of this section;

*	 *	 * 	*	 *

(b)  * * *

(1)  * * *

(iii)  Except as provided in paragraphs (e) and (f) of this section, at
least two pilot stations with adequate visibility for each person to
operate the aircraft safely; and

* 	* 	*	 * 	*

(f)  Light-sport aircraft with a single seat.  A practical test for a
sport pilot certificate may be conducted in a light-sport aircraft
having a single seat provided that the–

(1)  Examiner agrees to conduct the test;

(2)  Examiner is in a position to observe the operation of the aircraft
and evaluate the proficiency of the applicant; and

(3)  Pilot certificate of an applicant successfully passing the test is
issued a pilot certificate with a limitation “No passenger carriage
and flight in a single-seat light-sport aircraft only.”

27.  Amend §61.51 by:

a.  Revising paragraphs (c)(1), (e)(1) introductory text, and (e)(1)(i);

b.  Redesignating paragraph (i)(3) as (i)(4); and

c.  Adding new paragraphs (i)(3) and (i)(5).

The additions and revisions read as follows:

§61.51  Pilot logbooks.

*	*	*	*	*

	(c)  * * *

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

*          *          *          *         *

	(e)  * * *

	(1)  A sport, recreational, private, or commercial pilot may log
pilot-in-command time only for that flight time during which that
person–

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

*	 *	 *	 * 	*

(i)  * * *

(3)  A sport pilot must carry his or her logbook or other evidence of
required authorized instructor endorsements on all flights.

*	 * 	* 	* 	*

	(5)  A flight instructor with a sport pilot rating must carry his or
her logbook or other evidence of required authorized instructor
endorsements on all flights when providing flight training.

28.  Add §61.52 to read as follows:

§61.52  Use of aeronautical experience obtained in ultralight vehicles.

(a)  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:

(1)  A sport pilot certificate.

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

(3)  A private pilot certificate with a weight-shift-control or powered
parachute category rating.

(b)  A person may use aeronautical experience obtained in an ultralight
vehicle to meet the provisions of §§61.69 and 61.415 (e).

(c)  A person using aeronautical experience obtained in an ultralight
vehicle to meet the requirements for a certificate or rating specified
in paragraph (a) of this section or the requirements of paragraph (b) of
this section must–

(1)  Have been a registered ultralight pilot with an FAA-recognized
ultralight organization when that aeronautical experience was obtained;

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

(3)  Obtain the experience in a category and class of vehicle
corresponding to the rating or privileges sought.

29.  Amend §61.53 by adding paragraph (c) to read as follows:

§61.53  Prohibition on operations during medical deficiency.

* 	* 	* 	*	 *

(c)  Operations requiring a medical certificate or a U.S. driver’s
license.  For operations provided for in §61.23 (c), a person must meet
the provisions of —

(1)  Paragraph (a) of this section if that person holds a valid medical
certificate issued under part 67 of this chapter and does not hold a
current and valid U.S. driver’s license.

(2)  Paragraph (b) of this section if that person holds a current and
valid U.S. driver’s license.

30.  Amend 61.63 by redesignating paragraph (k) as (l), and add new
paragraph (k) to read as follows:

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

*	*	*	*	*

(k)  Category class ratings for the operation of aircraft with
experimental certificates:    Notwithstanding the provisions of
paragraphs (b) and (c) of this section, a person holding at least a
recreational pilot certificate may apply for a category and class rating
limited to a specific make and model of experimental aircraft,
provided—

(1)  The person has logged at least 5 hours flight time while acting as
pilot in command in the same category, class, make, and model of
aircraft that has been issued an experimental certificate;

(2) The person has received a logbook endorsement from an authorized
instructor who has determined that he or she is proficient to act as
pilot in command of the same category, class, make, and model of
aircraft for which application is made; and

(3)  The flight time specified in paragraph (k)(1) of this section must
be logged between September 1, 2004 and August 31, 2005.

*	*	*	*	*

31.  Revise § 61.69 to read as follows:

§ 61.69  Glider and unpowered ultralight vehicle towing:  Experience
and training requirements.

(a)  No person may act as pilot in command for towing a glider or
unpowered ultralight vehicle unless that person–

(1)  Holds at least a private pilot certificate with a category rating
for powered aircraft;

(2)  Has logged at least 100 hours of pilot-in-command time in the
aircraft category, class and type, if required, that the pilot is using
to tow a glider or unpowered ultralight vehicle;

(3)  Has a logbook endorsement from an authorized instructor who
certifies that the person has received ground and flight training in
gliders or unpowered ultralight vehicles and is proficient in--

(i)  The techniques and procedures essential to the safe towing of
gliders or unpowered ultralight vehicles, including airspeed
limitations;

(ii)  Emergency procedures;

(iii)  Signals used; and

(iv)  Maximum angles of bank.

(4)  Except as provided in paragraph (b) of this section, has logged at
least three flights as the sole manipulator of the controls of an
aircraft towing a glider or unpowered ultralight vehicle simulating
towing flight procedures while accompanied by a pilot who meets the
requirements of paragraphs (c) and (d) of this section;

(5)  Except as provided in paragraph (b) of this section, has received a
logbook endorsement from the pilot, described in paragraph (a)(4) of
this section, certifying that the person has accomplished at least 3
flights in an aircraft while towing a glider or unpowered ultralight
vehicle, or while simulating towing flight procedures; and

(6)  Within the preceding 12 months has–

(i)  Made at least three actual or simulated tows of a glider or
unpowered ultralight vehicle while accompanied by a qualified pilot who
meets the requirements of this section; or

(ii)  Made at least three flights as pilot in command of a glider or
unpowered ultralight vehicle towed by an aircraft.

(b)  Any person who, before May 17, 1967, has made and logged 10 or more
flights as pilot in command of an aircraft towing a glider or unpowered
ultralight vehicle in  accordance with a certificate of waiver need not
comply with paragraphs (a)(4) and (a)(5) of this section.

(c)  The pilot, described in paragraph (a)(4) of this section, who
endorses the logbook of a person seeking towing privileges must have–

(1)  Met the requirements of this section prior to endorsing the logbook
of the person seeking towing privileges; and

(2)  Logged at least 10 flights as pilot in command of an aircraft while
towing a glider or unpowered ultralight vehicle.

(d)  If the pilot described in paragraph (a)(4) of this section holds
only a private pilot certificate, then that pilot must have–

(1)  Logged at least 100 hours of pilot-in-command time in airplanes, or
200 hours of pilot-in-command time in a combination of powered and
other-than-powered aircraft; and

(2)  Performed and logged at least three flights within the 12 calendar
months preceding the month that pilot accompanies or endorses the
logbook of a person seeking towing privileges –

(i)  In an aircraft while towing a glider or unpowered ultralight
vehicle accompanied by another pilot who meets the requirements of this
section; or

(ii)  As pilot in command of a glider or unpowered ultralight vehicle
being towed by another aircraft.

32.  Amend §61.87 by:

a.  Adding the words “or privileges” after the word “rating” in
the introductory text of paragraphs (d), (g), (i), (j), and (k);

b.  Redesignating paragraphs (l), (m), and (n) as paragraphs (n), (o)
and (p), respectively; and

c.  Adding paragraphs (l) and (m) to read as follows:

§61.87  Solo requirements for student pilots.

*	 * 	* 	*	 *

(l)  Maneuvers and procedures for pre-solo flight training in a powered
parachute.  A student pilot who is receiving training for a powered
parachute rating or privileges must receive and log flight training for
the following maneuvers and procedures:

(1)  Proper flight preparation procedures, including preflight planning
and preparation, preflight assembly and rigging, aircraft systems, and
powerplant operations.

(2)  Taxiing or surface operations, including run-ups.

(3)  Takeoffs and landings, including normal and crosswind.

(4)  Straight and level flight, and turns in both directions.

(5)  Climbs, and climbing turns in both directions.

(6)  Airport traffic patterns, including entry and departure procedures.

(7)  Collision avoidance, windshear avoidance, and wake turbulence
avoidance.

(8)  Descents, and descending turns in both directions.

(9)  Emergency procedures and equipment malfunctions.

(10)  Ground reference maneuvers.

(11)  Straight glides, and gliding turns in both directions.

(12)  Go-arounds.

(13)  Approaches to landing areas with a simulated engine malfunction.

(14)  Procedures for canopy packing and aircraft disassembly.

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

(1)  Proper flight preparation procedures, including preflight planning
and preparation, preflight assembly and rigging, aircraft systems, and
powerplant operations.

(2)  Taxiing or surface operations, including run-ups.

(3)  Takeoffs and landings, including normal and crosswind.

(4)  Straight and level flight, and turns in both directions.

(5)  Climbs, and climbing turns in both directions.

(6)  Airport traffic patterns, including entry and departure procedures.

(7)  Collision avoidance, windshear avoidance, and wake turbulence
avoidance.

(8)  Descents, and descending turns in both directions.

(9)  Flight at various airspeeds from maximum cruise to slow flight.

(10)  Emergency procedures and equipment malfunctions.

(11)  Ground reference maneuvers.

(12)  Stall entry, stall, and stall recovery.

(13)  Straight glides, and gliding turns in both directions.

(14)  Go-arounds.

(15)  Approaches to landing areas with a simulated engine malfunction.

(16)  Procedures for disassembly.

* 	* 	*	 *	 *

33.  Amend §61.89 by adding paragraph (c) to read as follows:

§ 61.89  General limitations.

*	 * 	*	 *	 *

(c)  A student pilot seeking a sport pilot certificate must comply with
the provisions of paragraphs (a) and (b) of this section and may not act
as pilot in command—

(1)  Of an aircraft other than a light-sport aircraft;

(2)  At night;

(3)  At an altitude of more than 10,000 feet MSL; and

(4)  In Class B, C, and D airspace, at an airport located in Class B, C,
or D airspace, and to, from, through, or on an airport having an
operational control tower without having received the ground and flight
training specified in §61.94 and an endorsement from an authorized
instructor.

34.  Amend §61.93 by adding paragraphs (l) and (m) to read as follows:

§61.93  Solo cross-country flight requirements.

*	 *	 * 	* 	*

(l)  Maneuvers and procedures for cross-country flight training in a
powered parachute.  A student pilot who is receiving training for
cross-country flight in a powered parachute must receive and log flight
training in the following maneuvers and procedures:

(1)  Use of aeronautical charts for VFR navigation using pilotage and
dead reckoning with the aid of a magnetic compass, as appropriate.

(2)  Use of aircraft performance charts pertaining to cross-country
flight.

(3)  Procurement and analysis of aeronautical weather reports and
forecasts, including recognizing critical weather situations and
estimating visibility while in flight.

(4)  Emergency procedures.

(5)  Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach.

(6)  Procedures and operating practices for collision avoidance, wake
turbulence precautions, and windshear avoidance.

(7)  Recognition, avoidance, and operational restrictions of hazardous
terrain features in the geographical area where the cross-country flight
will be flown.

(8)  Procedures for operating the instruments and equipment installed in
the aircraft to be flown, including recognition and use of the proper
operational procedures and indications.

(9)  If equipped for flight with navigation radios, the use of radios
for VFR navigation.

(10)  Recognition of weather and upper air conditions favorable for the
cross-country flight.

(11)  Takeoff, approach and landing procedures.

(m)  Maneuvers and procedures for cross-country flight training in a
weight-shift-control aircraft.  A student pilot who is receiving
training for cross-country flight in a weight-shift-control aircraft
must receive and log flight training for the following maneuvers and
procedures:

(1)  Use of aeronautical charts for VFR navigation using pilotage and
dead reckoning with the aid of a magnetic compass, as appropriate.

(2)  Use of aircraft performance charts pertaining to cross-country
flight.

(3)  Procurement and analysis of aeronautical weather reports and
forecasts, including recognizing critical weather situations and
estimating visibility while in flight.

(4)  Emergency procedures.

(5)  Traffic pattern procedures that include area departure, area
arrival, entry into the traffic pattern, and approach.

(6)  Procedures and operating practices for collision avoidance, wake
turbulence precautions, and windshear avoidance.

(7)  Recognition, avoidance, and operational restrictions of hazardous
terrain features in the geographical area where the cross-country flight
will be flown.

(8)  Procedures for operating the instruments and equipment installed in
the aircraft to be flown, including recognition and use of the proper
operational procedures and indications.

(9)  If equipped for flight using navigation radios, the use of radios
for VFR navigation.

(10)  Recognition of weather and upper air conditions favorable for the
cross-country flight.

(11)  Takeoff, approach and landing procedures, including crosswind
approaches and landings.

35.  Add §61.94 to read as follows:

§ 61.94   Student pilot seeking a sport pilot certificate or a
recreational pilot certificate:  Operations at airports within, and in
airspace located within, Class B, C, and D airspace, or at airports with
an operational control tower in other airspace.

(a)  A student pilot seeking a sport pilot certificate or a recreational
pilot certificate who wants to obtain privileges to operate 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, must receive and log ground and flight training from an
authorized instructor in the following aeronautical knowledge areas and