[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Proposed Rules]
[Page 20181-20201]
[DOCID:fr15ap08-20]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 43, 61, 91, and 141

[Docket No. FAA-2007-29015; Notice No. 08-03]
RIN 2120-AJ10

Certification of Aircraft and Airmen for the Operation of Light-
Sport Aircraft; Modifications to Rules for Sport Pilots and Flight
Instructors With a Sport Pilot Rating

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to amend its rules for sport pilots and
flight instructors with a sport pilot rating. The FAA believes these
changes are necessary to address airman certification issues that have
arisen since regulations for the operation of light-sport aircraft were
implemented. These changes would align the certification requirements
for sport pilots and flight instructors with a sport pilot rating with
those requirements currently applicable to other airmen certificates.

DATES: Send your comments on or before August 13, 2008.

ADDRESSES: You may send comments identified by docket number FAA 2007-
29015 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

     Hand Delivery or Courier: Bring comments to the Docket
Management Facility in Room W12-140 of the West Building Ground Floor
at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
    For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the electronic form of all comments received into any of
our dockets, including the name of the individual sending the comment
(or signing the comment for an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78) or you
may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time and follow the online
instructions for accessing the docket. Or, go to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this proposed rule, contact Larry L. Buchanan, Light-Sport Aviation
Branch, AFS-610, Regulatory Support Division, Flight Standards Service,
Federal Aviation Administration, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169; telephone<PHONE_NUMBER>; Mailing address: Light-Sport
Aviation Branch, AFS-610; P.O. Box 25082; Oklahoma City, OK 73125.
    For legal questions concerning this proposed rule, contact Paul
Greer, Regulations Division, AGC-200, Federal Aviation Administration,
800 Independence Ave., SW., Washington, DC 20591; telephone (202) 267-
3073.

SUPPLEMENTARY INFORMATION: Later in this preamble under ``VI.
Additional Information,'' we discuss how you can comment on this
proposal and how we will handle your comments. Included in this
discussion is related information about the docket, privacy, and the
handling of proprietary or confidential business information. We also
discuss how you can get a copy of this proposal and related rulemaking
documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator, including the authority to
issue, rescind, and revise regulations. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Chapter 447--Safety Regulation. Under section
44701, the FAA is charged with promoting safe flight of civil aircraft
in air commerce by prescribing regulations necessary for safety. Under
section 44703, the FAA issues an airman certificate to an individual
when we find, after investigation, that the individual is qualified
for, and physically able to perform the duties related to, the position
authorized by the certificate. In this NPRM, the FAA is proposing to
amend the training, qualification, certification, and operating
requirements for sport pilots and flight instructors with a sport pilot
rating.
    These changes are intended to ensure that these airmen have the
training and qualifications necessary to enable them to operate light-
sport aircraft safely. For this reason, the proposed changes are within
the scope of the FAA's authority and are a reasonable and necessary
exercise of our statutory obligations.

Guide to Terms and Acronyms Frequently Used in This Document

AGL--Above Ground Level
ATC--Air Traffic Control
CAS--Calibrated Airspeed
DPE--Designated Pilot Examiner
MSL--Mean Sea Level
NDPER--National Designated Pilot Examiner Registry
PTS--Practical Test Standards
VFR--Visual Flight Rules
VH--Maximum airspeed in level flight with maximum
continuous power

Table of Contents

I. Background
II. Discussion of the Proposed Regulatory Requirements
    A. Overview
    B. Discussion of Specific Proposals
    1. Replace sport pilot privileges with aircraft category and
class ratings on all pilot certificates
    2. Replace sport pilot flight instructor privileges with
aircraft category ratings on all flight instructor certificates
    3. Remove current provisions for the conduct of proficiency
checks by flight instructors and include provisions for the issuance
of category and class ratings by designated pilot examiners
    4. Place all requirements for flight instructors under a single
subpart (subpart H) of part 61
    5. Require 1 hour of flight training on the control and
maneuvering of an airplane solely by reference to instruments for
student pilots seeking a sport pilot certificate to operate an
airplane with a maximum airspeed in level flight with maximum
continuous power (VH) greater than 87 knots calibrated
airspeed (CAS) and sport pilots operating airplanes with a
VH greater than 87 knots CAS
    6. Remove the requirement for persons exercising sport pilot
privileges and flight instructors with a sport pilot rating to carry
their logbooks while in flight
    7. Remove the requirement that persons exercising sport pilot
privileges have an aircraft make-and-model endorsement to operate a
specific set of aircraft while adding provisions for endorsements
for the operation of powered parachutes with elliptical wings and
aircraft with a VH less than or equal to 87 knots CAS
    8. Remove the requirement for all flight instructors to log at
least 5 hours of flight time in a make and model of light-sport
aircraft before providing training in any aircraft from the same set
of aircraft in which that training is given
    9. Permit persons exercising sport pilot privileges and the
privileges of a student pilot seeking a sport pilot certificate to
fly up to an altitude of not more than 10,000 feet mean sea level
(MSL) or 2,000 feet above ground level (AGL), whichever is higher
    10. Permit private pilots to receive compensation for production
flight testing of powered parachutes and weight-shift-control
aircraft intended for certification in the light-sport category
under Sec.  21.190
    11. Revise student sport pilot solo cross-country navigation and
communication flight training requirements
    12. Clarify cross-country distance requirements for private
pilots seeking to operate weight-shift-control aircraft
    13. Revise aeronautical experience requirements at towered
airports for persons seeking to operate a powered parachute or
weight-shift-control aircraft as a private pilot
    14. Remove the requirement for pilots with only a powered
parachute or a weight-shift-control aircraft rating to take a
knowledge test for an additional rating at the same certificate
level
    15. Revise the amount of hours of flight training an applicant
for a sport pilot certificate must log within 60 days prior to
taking the practical test
    16. Remove expired ultralight transition provisions and limit
the use of aeronautical experience obtained in ultralight vehicles
    17. Add a requirement for student pilots to obtain endorsements
identical to those proposed for sport pilots in Sec. Sec.  61.324
and 61.327
    18. Clarify that an authorized instructor must be in a powered
parachute when providing flight instruction to a student pilot

    19. Remove the requirement for aircraft certificated as
experimental aircraft in the light-sport category to comply with the
applicable maintenance and preventive maintenance requirements of
part 43 when those aircraft have been previously issued a special
airworthiness certificate in the light-sport category
    20. Require aircraft owners or operators to retain a record of
the current status of applicable safety directives for special
light-sport aircraft
    21. Provide for the use of aircraft with a special airworthiness
certificate in the light-sport category in training courses approved
under part 141
    22. Revise the minimum safe-altitude requirements for powered
parachutes and weight-shift-control aircraft
III. Paperwork Reduction Act
IV. International Compatibility
V. Regulatory Notices and Analyses
    A. Economic Assessment
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Executive Order 13132, Federalism
    F. Environmental Analysis
    G. Regulations That Significantly Affect Energy Supply,
Distribution, or Use
VI. Additional Information

I. Background

    On July 27, 2004, the FAA issued the ``Certification of Aircraft
and Airmen for the Operation of Light-Sport Aircraft'' final rule (69
FR 44772). That rule established the certification and qualification
requirements for sport pilots and flight instructors with a sport pilot
rating in part 61. The rule also established requirements for the
certification, operation, maintenance, and manufacture of light-sport
aircraft. Since the adoption of that rule, the FAA has been evaluating
the process for certificating pilots and flight instructors conducting
operations in light-sport aircraft and has determined that changes to
these certification requirements are necessary to align the
certification requirements for sport pilots and flight instructors with
a sport pilot rating with those requirements currently applicable to
other airmen certificates and to better serve the sport pilot and
light-sport aircraft community. Through experience gained by the FAA
inspector workforce and information provided by organizations and
individual aircraft owners in the light-sport community, the agency
believes it has a critical understanding of where the 2004 rule may not
adequately reflect the needs of the flying community or may not provide
sufficient regulatory oversight.

II. Discussion of the Proposed Regulatory Requirements

II. A. Overview

    As stated in the preamble of the 2004 final rule, the FAA adopted
the regulations ``to allow individuals to experience sport and
recreational aviation in a manner that is safe for the intended
operations, but not overly burdensome'' (69 FR 44774; July 27, 2004).
The FAA remains committed to this philosophy.
    Since the implementation of the 2004 final rule, the FAA's Light-
Sport Aviation Branch inspector workforce has had informal discussions
with organizations and individuals in the light-sport community about
the rule's effectiveness. As a result of these discussions, and through
experience gained in administering the 2004 final rule, the FAA has
reviewed the current regulations and believes that some provisions are
unnecessary or redundant and should be modified. The agency has
identified a number of areas where it believes it can provide relief to
the light-sport community without compromising safety. These include--
     Removing all requirements applicable to ``sets of
aircraft,'' to include all requirements for specific endorsements to
operate an aircraft within a particular set of aircraft;
     Removing the requirement for all sport pilot flight
instructors to log at least 5 hours of flight time in a particular make
and model of light-sport aircraft before providing training in the same
set of aircraft;
     Eliminating the current requirement for flight training at
an airport with an operating control tower to be in a powered parachute
or weight-shift-control aircraft for those persons seeking privileges
to operate those aircraft;
     Eliminating the requirement for sport pilots to be trained
in the use of radios for VFR navigation and communication when the
aircraft intended to be used by the pilot is not equipped with such
instruments;
     Lowering of the amount of hours of flight training that an
applicant for a sport pilot certificate must log within 60 days prior
to taking the practical test;
     Eliminating provisions that would require a person
exercising sport pilot privileges and flight instructors with a sport
rating to carry his or her logbook while in flight;
     Permitting a person exercising sport pilot privileges to
fly above 10,000 feet MSL when that altitude is less than 2,000 feet
above the surface and proposing less restrictive requirements for the
operation of powered parachutes and weight-shift-control aircraft in
other than congested areas;
     Permitting private pilots to receive compensation for
production flight testing of powered parachutes or weight-shift-control
aircraft;
     Removing the current requirement for experimental aircraft
certificated in the light-sport category to comply with the applicable
maintenance and preventive maintenance requirements of part 43 when
those aircraft have been previously issued a special airworthiness
certificate in the light-sport category; and
     Providing for the use of aircraft with a special
airworthiness certificate in the light-sport category in training
courses approved under part 141.
    In addition, the FAA's inspector workforce has observed an apparent
lack of standardization in the administration of practical tests
leading to the issuance of category and class privileges for sport
pilot applicants. This lack of standardization has resulted in the
FAA's experiencing difficulties in obtaining documentation that those
practical tests were successfully completed. When documentation that a
person has been awarded privileges to operate a specific category and
class of aircraft is not on file with the FAA, it may be difficult for
that person to demonstrate that those privileges have been awarded,
especially if that person's logbook is lost, destroyed, or unavailable.
The agency, therefore, is proposing to--
     Replace sport pilot privileges with aircraft category and
class ratings on all pilot certificates;
     Replace flight instructor privileges with aircraft
category ratings on all flight instructor certificates; and
     Remove current provisions for the conduct of proficiency
checks by flight instructors and include provisions for the issuance of
category and class ratings by designated pilot examiners.
    By placing privileges to operate a category and class of aircraft
as a rating on a person's sport pilot certificate, the FAA would
provide sport pilots with enhanced recognition of their skills and
better integrate them into the wider aviation community. This action
may not only facilitate further growth in the light-sport industry but
may also lead to broader international recognition of these
certificates.
    Lastly, after review of the current regulations, the FAA is
proposing the following changes, which the agency believes are
necessary to enhance safety--
     Require one hour of flight training on the control and
maneuvering of an aircraft solely by reference to

instruments for sport pilots operating airplanes with a VH
greater than 87 knots CAS and also for student pilots seeking a sport
pilot certificate to operate an airplane with a VH greater
than 87 knots CAS because operators of these aircraft are more likely
to encounter instrument meteorological conditions than operators of
other categories of aircraft;
     Require a specific endorsement for sport pilots and
student pilots seeking a sport pilot certificate for the operation of a
powered parachute with an elliptical wing and for an aircraft with a
VH less than or equal to 87 knots CAS in order to retain
current safety requirements that would be deleted if the FAA adopts the
proposal to remove the requirement that persons exercising sport pilot
privileges have an aircraft make-and-model endorsement to operate a
specific set of aircraft; and
     Require that aircraft owners/operators retain a record of
the current status of applicable safety directives for special light-
sport aircraft, which, upon further consideration, the FAA believes
would close a gap in the 2004 rule.
    These and other proposed amendments are discussed in further detail
below.
    The FAA notes that some sections the FAA is proposing to be amended
in this NPRM were also proposed to be amended in a separate rulemaking
action, ``Pilot, Flight Instructor, and Pilot School Certification,''
published in the Federal Register on February 7, 2007. That February 7,
2007, NPRM, however, did not address sport pilot issues. The specific
sections proposed to be revised by this NPRM may therefore be further
revised in the final rule if the amendments proposed by the February 7,
2007 rulemaking action become final prior to the proposals contained in
this NPRM.

II.B. Discussion of Specific Proposals

    This proposed rule would--
    1. Replace sport pilot privileges with aircraft category and class
ratings on all pilot certificates.
    2. Replace sport pilot flight instructor privileges with aircraft
category ratings on all flight instructor certificates.
    3. Remove current provisions for the conduct of proficiency checks
by flight instructors and include provisions for the issuance of
category and class ratings by designated pilot examiners.
    4. Place all requirements for flight instructors under a single
subpart (subpart H) of part 61.
    5. Require 1 hour of flight training on the control and maneuvering
of an airplane solely by reference to instruments for student pilots
seeking a sport pilot certificate to operate an airplane with a
VH greater than 87 knots CAS and sport pilots operating
airplanes with a VH greater than 87 knots CAS.
    6. Remove the requirement for persons exercising sport pilot
privileges and flight instructors with a sport pilot rating to carry
their logbooks while in flight.
    7. Remove the requirement that persons exercising sport pilot
privileges have an aircraft make-and-model endorsement to operate a
specific set of aircraft while adding specific regulatory provisions
for endorsements for the operation of powered parachutes with
elliptical wings and aircraft with a VH less than or equal
to 87 knots CAS.
    8. Remove the requirement for all flight instructors to log at
least 5 hours of flight time in a make and model of light-sport
aircraft before providing training in any aircraft from the same set of
aircraft in which that training is given.
    9. Permit persons exercising sport pilot privileges and the
privileges of a student pilot seeking a sport pilot certificate to fly
up to an altitude of not more than 10,000 feet mean sea level (MSL) or
2,000 feet above ground level (AGL), whichever is higher.
    10. Permit private pilots to receive compensation for production
flight testing powered parachutes and weight-shift-control aircraft
intended for certification in the light-sport category under Sec.
21.190.
    11. Revise student sport pilot solo cross-country navigation and
communication flight training requirements.
    12. Clarify cross-country distance requirements for private pilots
seeking to operate weight-shift-control aircraft.
    13. Revise aeronautical experience requirements at towered airports
for persons seeking to operate a powered parachute or weight-shift-
control aircraft as a private pilot.
    14. Remove the requirement for pilots with only a powered parachute
or a weight-shift-control aircraft rating to take a knowledge test for
an additional rating at the same certificate level.
    15. Revise the amount of hours of flight training an applicant for
a sport pilot certificate must log within 60 days prior to taking the
practical test.
    16. Remove expired ultralight transition provisions and limit the
use of aeronautical experience obtained in ultralight vehicles.
    17. Add a requirement for student pilots to obtain endorsements
identical to those proposed for sport pilots in Sec. Sec.  61.324 and
61.327.
    18. Clarify that an authorized instructor must be in a powered
parachute when providing flight instruction to a student pilot.
    19. Remove the requirement for aircraft certificated as
experimental aircraft in the light-sport category to comply with the
applicable maintenance and preventive maintenance requirements of part
43 when those aircraft have been previously issued a special
airworthiness certificate in the light-sport category.
    20. Require aircraft owners or operators to retain a record of the
current status of applicable safety directives for special light-sport
aircraft.
    21. Provide for the use of aircraft with a special airworthiness
certificate in the light-sport category in training courses approved
under part 141.
    22. Revise the minimum safe-altitude requirements for powered
parachutes and weight-shift-control aircraft.
II.B.1. Replace sport pilot privileges with aircraft category and class
ratings on all pilot certificates (Sec. Sec.  61.1, 61.3, 61.5, 61.7,
61.23, 61.31, 61.51, 61.52, 61.63, 61.87, 61.303, 61.309, 61.311,
61.313, 61.317, and 61.321)
    Currently, to obtain additional aircraft category and class
privileges at the sport pilot level, the holder of a pilot certificate
must complete a proficiency check administered by an authorized
instructor. Upon successful completion of that proficiency check, that
person receives a logbook endorsement from the instructor who
administered the proficiency check. That endorsement permits the person
completing the proficiency check to exercise sport pilot privileges in
the category and class of aircraft in which the proficiency check was
administered.
    Consistent with the FAA's system for issuing all other pilot
certificates and ratings, the FAA is proposing to require a person
seeking privileges to operate an additional category and class of
light-sport aircraft as a sport pilot to obtain the appropriate
category and class rating. These ratings would be issued after the
completion of a practical test typically administered by an FAA-
designated pilot examiner (DPE). The practice of obtaining privileges
to operate a light-sport aircraft after completion of a proficiency
check by an authorized instructor would be discontinued. Privileges to
operate light-sport aircraft would be indicated as ratings on a
person's pilot certificate rather than by an endorsement in a person's
logbook.
    As a result of experience gained in administering the July 2004
final rule, the FAA recognizes that authorized instructors are
generally not trained to

administer tests leading to the issuance of certificate privileges, and
that the FAA does not have procedures in place (such as those used for
DPEs) to oversee that activity. Currently, authorized instructors are
not required to receive training in the administration of proficiency
checks or practical tests; however, DPEs tasked with administering
practical tests normally complete a course consisting of 40 hours of
initial training prior to receiving their designation as pilot
examiners. These examiners are directly supervised by an aviation
safety inspector and must complete recurrent training consisting of a
10-hour online course and 4 hours of individual training in addition to
completing a flight evaluation from an aviation safety inspector every
year prior to renewal of their designation. A DPE's designation can be
terminated if the FAA determines that person cannot administer a
practical test in accordance with the Practical Test Standards (PTS).
    Under the current system of administering proficiency checks,
authorized instructors are not directly supervised by any FAA
personnel. The FAA cannot (absent certificate action) restrict the
ability of an authorized instructor to administer a proficiency check
leading to the issuance of additional sport pilot privileges, even if
the performance of the authorized instructor in administering
proficiency checks is substandard. Additionally, the FAA is
experiencing difficulties in obtaining documentation from authorized
instructors indicating that proficiency checks have been successfully
completed. These difficulties significantly hinder the ability of a
person to demonstrate that privileges to operate a specific category
and class of aircraft have been awarded if that person's logbook
containing the appropriate endorsements for the operation of that
category and class of aircraft is lost, destroyed, or otherwise
unavailable.
    Issuance of sport pilot certificates with category and class
ratings would conform to the procedures for the issuance of other pilot
certificates and standardizes the manner in which additional privileges
are granted. The proposal would place no additional burden on current
holders of sport pilot (or other) certificates with category and class
privileges obtained through instructor endorsements, provided that the
FAA has a record of those endorsements. To facilitate compliance with
the rule, the FAA would reissue pilot certificates with the category
and class ratings corresponding to the privileges previously granted
through instructor endorsements. Persons receiving these certificates
would have to take no action to accomplish the exchange of their pilot
certificates.
    If the FAA does not have a record that a pilot has been granted
privileges through an instructor endorsement, that pilot would have to
complete an airman certificate and/or rating application (FAA Form
8710-11) and present it, along with evidence of the endorsement, to a
designated pilot examiner or FAA inspector, and the FAA would then
issue that person a certificate with corresponding category and class
ratings. For some individuals, this may result in travel time and
transportation cost if there is no closely located DPE or Flight
Standards District Office (FSDO). Persons intending to exercise the
privileges of their current pilot certificates granted through an
endorsement would be required to obtain a new pilot certificate with
corresponding category and class ratings within 2 years of the
effective date of the final rule.
    In addition, the PTS for the sport pilot certificate would not be
revised to introduce any requirements as a result of this proposed
change. The proposal would place no burden on current holders of these
certificates, as the FAA would adopt a procedure for certificate
replacement.
II.B.2. Replace sport pilot flight instructor privileges with aircraft
category ratings on all flight instructor certificates (Sec. Sec.
61.181, 61.183, 61.185, 61.187, 61.191, 61.195, and part 61 subpart K)
    For reasons similar to those discussed immediately above, the FAA
is proposing to require a person holding a flight instructor
certificate with a sport pilot rating to obtain sport pilot instructor
ratings indicating appropriate category and class privileges. These new
ratings would be specifically listed on that person's flight instructor
certificate. This change would also apply to flight instructors with
other than a sport pilot rating who have privileges to provide
instruction in light-sport aircraft obtained through an instructor
endorsement. Currently, for a flight instructor to obtain privileges to
provide instruction leading to the issuance of a sport pilot
certificate in an additional category or class of light-sport aircraft,
or to the issuance of a private pilot certificate in a powered
parachute or a weight-shift-control aircraft, the holder of that
certificate must complete a proficiency check administered by an
authorized instructor. Upon successful completion of that proficiency
check, that person receives a logbook endorsement from the instructor
who administered the proficiency check. That endorsement permits the
person completing the proficiency check to provide instruction as a
flight instructor with a sport pilot rating in the category and class
of aircraft in which the proficiency check was administered.
    Consistent with the FAA's system for issuing ratings for other
flight instructor certificates, the FAA proposes that a flight
instructor seeking to provide training to operate an additional
category and class of a light-sport aircraft obtain appropriate
category and class ratings. Those ratings would be specifically listed
on that person's flight instructor certificate. These ratings would be
issued after the completion of a practical test administered by a DPE.
The practice of obtaining privileges to provide training in a light-
sport aircraft after completion of a proficiency check by an authorized
instructor would be discontinued. Privileges to provide training in
these light-sport aircraft would be indicated as ratings on that
person's flight instructor certificate rather than as an endorsement in
that person's logbook.
    As stated in II.B.1., authorized instructors are neither trained to
administer tests leading to the issuance of certificate privileges nor
directly supervised by FAA personnel. The FAA is also experiencing
difficulties in obtaining documentation from authorized instructors
when administering proficiency checks to flight instructors seeking
additional privileges.
    Issuance of flight instructor certificates with sport pilot
category and class ratings would generally conform to the procedures
for the issuance of other ratings on the flight instructor certificate
and standardize the manner in which additional flight instructor
privileges are granted. The proposal would place no additional burden
on current holders of flight instructor certificates with a sport pilot
rating or other instructors with flight instructor privileges issued
through an instructor endorsement, provided that the FAA has a record
of these endorsements. To facilitate compliance with the rule, the FAA
would reissue flight instructor certificates with the category and
class ratings corresponding to the privileges previously granted
through instructor endorsements. This action would occur at the time
the flight instructor applies for renewal or reinstatement of his or
her flight instructor certificate, which may occur as much as 27
calendar months after the effective date of the rule. If the FAA does
not have a record that a flight instructor with a sport pilot rating
has been granted privileges

through an instructor endorsement, that flight instructor would have to
complete an airman certificate and/or rating application (FAA Form
8710-11) and present it, along with evidence of the endorsement, to a
designated pilot examiner or FAA inspector. The FAA would then issue
that person a flight instructor certificate with corresponding sport
pilot category and class ratings. For some individuals, this may result
in travel time and transportation cost if there is no closely located
DPE or FSDO.
    To limit the burden placed on future applicants for a flight
instructor certificate with a sport pilot rating, the FAA would retain
the provisions of current Sec.  61.419, which do not require an
applicant who seeks to obtain privileges to provide training in an
additional category or class of light-sport aircraft to take an
additional knowledge test. These provisions would be codified in
proposed Sec.  61.191(c), which would not require a person who applies
for an additional sport pilot rating on a flight instructor certificate
to pass a knowledge test on the areas listed in proposed Sec.
61.185(a)(2)(ii).
II.B.3. Remove current provisions for the conduct of proficiency checks
by authorized flight instructors and include provisions for the
issuance of category and class ratings by designated pilot examiners
(Sec.  61.413)
    At this time, flight instructors with a sport pilot rating may
perform proficiency checks leading to the issuance of privileges
equivalent to those of ratings. These checks are performed without any
additional training, and the FAA has observed that there is little
standardization in the administration of these checks and the
completion of the documentation necessary for the issuance of
additional sport pilot privileges. Flight instructors receive no
training in the administration of proficiency checks and their actions
in conducting these tests are not supervised or reviewed by the FAA.
    To correct these deficiencies, the FAA is proposing to remove Sec.
61.413(i) to no longer permit flight instructors to administer
proficiency checks leading to the issuance of sport pilot privileges.
Privileges currently obtained in this manner would be replaced with
privileges obtained through the issuance of a rating issued by a DPE
specifically trained to administer practical tests.
II.B.4. Place all requirements for flight instructors under a single
subpart (subpart H) of part 61 (Part 61 subpart H heading, Sec. Sec.
61.5, 61.181, 61.183, 61.185, 61.186, 61.187, 61.189, 61.191, 61.193,
61.195, 61.197, 61.199, and Sec. Sec.  61.401 through 61.431)
    The FAA is proposing to move the requirements for flight
instructors with a sport pilot rating currently found in part 61
subpart K (Sec. Sec.  61.401 through 61.431) to current part 61 subpart
H. All flight instructor requirements would be located in one subpart.
This action would standardize certification requirements for all flight
instructors. The FAA recognizes that many of the requirements contained
in subpart K for flight instructors with a sport pilot rating are
identical to those contained in subpart H for flight instructors with
other ratings. If the proposed changes for flight instructors currently
certificated under subpart K are adopted, the privileges and
limitations of those flight instructors and the methods by which they
are certificated would be so similar to those of flight instructors
currently certificated under subpart H that separate subparts for the
certification of all flight instructors would no longer be necessary.
The FAA believes that eliminating redundancies caused by the retention
of two separate subparts would clarify requirements applicable to all
flight instructors. This change would significantly reduce confusion
experienced by the flight instructor community, especially among those
flight instructors currently certificated under subpart H who intend to
provide training to persons seeking sport pilot certificates. In
addition, the change would provide all flight instructors with a single
source of information for their certification requirements and the
privileges and limitations applicable to their certificates.
    The following table shows the proposed relocation of the subpart K
requirements to subpart H.

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                                                  Subpart H--Flight
Subpart K--Flight instructors with a sport     instructors other than
               pilot rating                   flight instructors with a
                                                 sport pilot rating
------------------------------------------------------------------------
Subpart heading--Removed                    Subpart heading revised.
Sec.   61.401 What is the purpose of this   Sec.   61.181 Applicability.
 subpart?
Sec.   61.403 What are the age, language,   Sec.   61.183 Eligibility
 and pilot certificate requirements for a    requirements.
 flight instructor certificate with a
 sport pilot rating?
Sec.   61.405 What tests do I have to take  Sec.   61.183(f) Eligibility
 to obtain a flight instructor certificate   requirements.
 with a sport pilot rating?
Sec.   61.407 What aeronautical knowledge   Sec.   61.185 Aeronautical
 must I have to apply for a flight           knowledge.
 instructor certificate with a sport pilot
 rating?
Sec.   61.409 What flight proficiency       Sec.   61.187 Flight
 requirements must I meet to apply for a     proficiency.
 flight instructor certificate with a
 sport pilot rating?
Sec.   61.411 What aeronautical experience  Sec.   61.186 Aeronautical
 must I have to apply for a flight           experience requirements for
 instructor certificate with a sport pilot   persons applying for a
 rating?                                     flight instructor
                                             certificate with a sport
                                             pilot rating.
Sec.   61.413 What are the privileges of    Sec.   61.193 Flight
 my flight instructor certificate with a     instructor privileges.
 sport pilot rating?
Sec.   61.415 What are the limits of my     Sec.   61.195 Flight
 flight instructor certificate with a        instructor limitations and
 sport pilot rating?                         qualifications.
Sec.   61.417 Will my flight instructor     Sec.   61.5 Certificates and
 certificate with a sport pilot rating       ratings issued under this
 list aircraft category and class ratings?   part.
Sec.   61.419 How do I obtain privileges    Sec.   61.191 Additional
 to provide training in an additional        flight instructor ratings.
 category or class of light-sport
 aircraft?
Sec.   61.421 May I give myself an          Sec.   61.195 Flight
 endorsement?                                instructor limitations and
                                             qualifications.
Sec.   61.423 What are the recordkeeping    Sec.   61.189 Flight
 requirements for a flight instructor        instructor records.
 certificate with a sport pilot rating?
Sec.   61.425 How do I renew my flight      Sec.   61.197 Renewal of
 instructor certificate?                     flight instructor
                                             certificates.
Sec.   61.427 What must I do if my flight   Sec.   61.199 Expired flight
 instructor certificate with a sport pilot   instructor certificates and
 rating expires?                             ratings.
Sec.   61.429 May I exercise the            Sec.  Sec.   61.189 Flight
 privileges of a flight instructor           instructor records, 61.193
 certificate with a sport pilot rating if    Flight instructor
 I hold a flight instructor certificate      privileges, and 61.195
 with another rating?                        Flight instructor
                                             limitations and
                                             qualifications.

Sec.   61.431 Are there special provisions  Removed.
 for obtaining a flight instructor
 certificate with a sport pilot rating for
 persons who are registered ultralight
 instructors with an FAA-recognized
 ultralight organization?
------------------------------------------------------------------------

II.B.5. Require 1 hour of flight training on the control and
maneuvering of an airplane solely by reference to instruments for
student pilots seeking a sport pilot certificate to operate an airplane
with a VH greater than 87 knots CAS and sport pilots
operating airplanes with a VH greater than 87 knots CAS
(Sec. Sec.  61.89, 61.93, and 61.327)
    Current regulations require student pilots seeking a sport pilot
certificate to receive and log flight training in the control and
maneuvering of an aircraft solely by reference to flight instruments.
This training must be received before conducting a solo cross-country
flight or any flight greater than 25 nautical miles from the airport
from where the flight originated. It also must be received prior to
making a solo flight and landing at any location other than the airport
of origination. These requirements are detailed in Sec.  61.93 and are
applicable to persons seeking a student pilot certificate to operate
any category and class of aircraft. That section, however, does not
specify any minimum flight training time to meet these requirements. In
addition, current regulations for the issuance of a sport pilot
certificate do not require an applicant to receive flight training on
the control and maneuvering of any aircraft solely by reference to
instruments.
    The FAA is concerned that persons exercising student or sport pilot
privileges in airplanes with a maximum airspeed in level flight with
maximum continuous power (VH) greater than 87 knots calibrated airspeed
(CAS) may inadvertently encounter conditions less than those specified
for VFR operations due to their greater speed and range. Operators of
these aircraft are more likely to encounter instrument meteorological
conditions than operators of other categories of aircraft. In order to
enhance the ability of these pilots to appropriately react to the
possibility of encountering instrument meteorological conditions and
the potential consequences of attempting continued visual flight rule
(VFR) flight in instrument meteorological conditions, the FAA is
proposing to require persons operating an airplane with a VH greater
than 87 knots CAS to receive and log 1 hour of flight training on the
control and maneuvering of an aircraft solely by reference to
instruments.
    The FAA recognizes that persons may currently be authorized to
operate aircraft with a VH greater than 87 knots CAS. To provide those
persons with a reasonable period of time to obtain this training, the
agency is proposing that the training be completed by 1 year after the
effective date of the final rule. This training would include straight
and level flight, climbs and descents, turns to a heading, and recovery
from unusual flight attitudes. Due to the slower speeds and limited
capabilities of categories and classes of aircraft other than
airplanes, the FAA is not proposing that this requirement be extended
to operators of those categories and classes of aircraft and airplanes
with a VH less than or equal to 87 knots CAS. The FAA notes that for
training to be conducted solely by reference to instruments in visual
meteorological conditions, it must be conducted with a view-limiting
device.
II.B.6. Remove the requirement for persons exercising sport pilot
privileges and flight instructors with a sport pilot rating to carry
their logbooks while in flight (Sec.  61.51)
    The FAA is proposing to remove the requirements in Sec.
61.51(i)(3) and (i)(5) for persons exercising sport pilot privileges
and flight instructors with a sport pilot rating to carry their
logbooks while in flight. Because the FAA is proposing to issue
category and class ratings for sport pilots, the requirement for a
sport pilot to carry a logbook or other evidence of required authorized
instructor endorsements would no longer be necessary. Similarly,
because the FAA is also proposing to issue sport pilot ratings for
flight instructors, the requirement for a flight instructor to carry a
logbook or other evidence of required endorsements would no longer be
necessary.
    All pilots and flight instructors are required to have their
certificates in their physical possession or readily accessible in the
aircraft when exercising the privileges of that certificate. Because
ratings are listed on pilot and flight instructor certificates, the
proposal, if adopted, would enable the FAA to determine that a pilot or
flight instructor was properly rated to operate or provide instruction
in an aircraft without the need to examine that person's logbook or
other documentation. Any additional endorsements required for a person
to exercise sport pilot privileges need not be in that person's
physical possession or readily accessible in the aircraft; however, a
person must present those required records for inspection upon a
reasonable request, as required by Sec.  61.51(i).
    Because all pilots and flight instructors will not have
certificates reflecting the new ratings until 27 months after the
effective date of the proposed provisions, the FAA would not implement
the provisions of this section until after that time.
II.B.7. Remove the requirement that persons exercising sport pilot
privileges have an aircraft make-and-model endorsement to operate a
specific set of aircraft while adding specific regulatory provisions
for endorsements for the operation of powered parachutes with
elliptical wings and aircraft with a VH less than or equal
to 87 knots CAS (Sec. Sec.  61.315, 61.319, 61.324, and 61.327)
    To operate any aircraft within a set of aircraft, a person
exercising sport pilot privileges must have a logbook endorsement from
an authorized flight instructor for a specific category, class, and
make and model of aircraft within that set of light-sport aircraft.
This requirement is specified in current Sec.  61.319, and the
procedure for obtaining the endorsement is found in Sec.  61.323. At
the time the rules were adopted, the FAA believed that grouping makes
and models of light-sport aircraft that have similar performance and
operating characteristics as a set of aircraft was an effective means
to permit persons exercising sport pilot privileges to operate any
aircraft within that set once an endorsement to operate any aircraft
within that set had been received.
    In implementing the 2004 final rule, the FAA developed standards
for defining and establishing sets of aircraft. Sets of aircraft were
developed for airplanes, weight-shift-control aircraft, powered
parachutes, gyroplanes, and lighter-than-air aircraft. Airplanes, for
example, were grouped into eight specific sets, with four specific sets
for airplanes with a VH less than or equal to 87 knots (tricycle gear,
tailwheel, ski-

equipped, and float-equipped), and four identical sets for airplanes
with a VH greater than 87 knots. The FAA has used this concept of
grouping aircraft having similar operating characteristics successfully
in the National Designated Pilot Examiner Registry (NDPER) program for
training and checking pilots operating warbirds and other vintage
aircraft. The FAA believed that incorporating a requirement for a
specific endorsement based on a set of aircraft would ensure that any
person exercising sport pilot privileges would receive additional
flight training appropriate to the aircraft in which operations would
be conducted.
    When the various sets of aircraft were being developed to implement
the 2004 rule, the FAA required specific endorsements for a person to
operate an aircraft within a set. For example, for a sport pilot to
operate a powered parachute with an elliptical wing or an aircraft with
a VH at or below 87 knots, that person must obtain a make-and-model
endorsement for that set of aircraft. In addition, a specific
endorsement is currently required to operate aircraft with a VH greater
than 87 knots. A specific endorsement is also required to operate an
aircraft equipped with a tailwheel. A proficiency check also is
required to operate an airplane--single-engine land or airplane--
single-engine sea. Due to the duplicative nature of currently required
endorsements and proficiency checks, the FAA has determined that a
specific requirement for a make-and-model endorsement to operate any
aircraft within a set of aircraft is redundant, and that safety
concerns can be adequately addressed using existing endorsements and
the additional endorsements set forth in this NPRM.
    The FAA is therefore proposing to add Sec.  61.315(c)(20) to
specify that the holder of a sport pilot certificate with a powered
parachute rating may not act as pilot in command of a light-sport
aircraft that is a powered parachute with an elliptical wing unless
that holder has met the endorsement requirements proposed in Sec.
61.324. Additionally, the FAA is also proposing to revise Sec.
61.315(c)(14) to require the holder of a sport pilot certificate with
any category and class rating to meet the endorsement requirements
proposed in Sec.  61.327. That section would require the holder of a
sport pilot certificate seeking to operate a light-sport aircraft that
has a VH less than or equal to 87 knots CAS to receive and log ground
and flight training from an authorized instructor. A person receiving
that training would also be required to receive a logbook endorsement
from the authorized instructor who provided that training certifying
that he or she is proficient in the operation of those aircraft. The
current endorsement to operate a light-sport aircraft with a VH greater
than 87 knots CAS would be retained.
    The FAA believes that deleting the requirement for set-of-aircraft
endorsements while having specific regulatory provisions for sport
pilots to obtain endorsements to operate powered parachutes with an
elliptical wing, aircraft with a VH less than or equal to 87 knots CAS,
and aircraft with a VH greater than 87 knots CAS would eliminate
redundant endorsement requirements and provide a level of safety
equivalent to that found in the current regulation. The FAA recognizes
that pilots may currently be authorized to operate powered parachutes
with an elliptical wing and aircraft with a VH less than or equal to 87
knots without the endorsements specified in the proposal. The proposal
would not require persons with pilot-in-command time in these aircraft
prior to the effective date of the final rule to obtain these
endorsements.
II.B.8. Remove the requirement for all flight instructors to log at
least 5 hours of flight time in a make and model of light-sport
aircraft before providing training in any aircraft from the same set in
which that training is given (Sec.  61.415)
    The FAA is proposing to eliminate the requirement in Sec.
61.415(e) for flight instructors exercising the privileges of a sport
pilot rating to have logged 5 hours of flight time in order to provide
flight instruction in a make and model aircraft within a specific set
of aircraft. The FAA has determined that the aeronautical experience
requirements for the issuance of a flight instructor certificate with a
sport pilot rating and the endorsements necessary to exercise those
privileges are sufficient for an instructor to safely provide flight
instruction in any aircraft for which that instructor has privileges.
If an appropriately rated flight instructor has the required
endorsements to operate a specific aircraft, the FAA believes that an
additional requirement to obtain 5 hours of aeronautical experience
imposes an unnecessary burden on the flight instructor and should not
be required to safely provide instruction in that aircraft. The
requirement for a flight instructor to log additional aeronautical
experience based on the specific set of aircraft in which the person
intends to provide instruction would also no longer be necessary if the
proposal to eliminate the requirement in Sec.  61.319 for a person
exercising sport pilot privileges to have a make and model endorsement
to operate any aircraft within a specific set of aircraft is adopted.
II.B.9. Permit persons exercising sport pilot privileges and the
privileges of a student pilot seeking a sport pilot certificate to fly
up to an altitude of not more than 10,000 feet MSL or 2,000 feet AGL,
whichever is higher (Sec. Sec.  61.89 and 61.315)
    Section 61.89 describes the general limitations for student pilots.
Paragraph (c)(3) of that section states that a student pilot seeking a
sport pilot certificate may not act as pilot in command of an aircraft
at an altitude of more than 10,000 feet mean sea level (MSL). Section
61.315(c)(11) places the same limitation on sport pilots. The FAA is
proposing to revise Sec. Sec.  61.89(c)(3) and 61.315(c)(11) by adding
the words ``or 2,000 feet AGL [above ground level], whichever is
higher.'' This revision would allow sport pilots and student pilots
seeking a sport pilot certificate to operate in mountainous areas
higher than 10,000 feet MSL when such operations are less than 2,000
feet AGL. The FAA believes that the current regulations unnecessarily
burden sport pilots and students seeking sport pilot certificates who
operate light-sport aircraft in areas of high elevation. These
operations can be performed safely because student pilots seeking a
sport pilot certificate and sport pilots are currently trained in
proper preflight preparation procedures, which include training in
aeromedical factors, such as the effects of hypoxia. In addition, these
pilots receive training in reduced aircraft performance at high-density
altitudes and in the effect of operations at higher altitudes. These
pilots are required to demonstrate knowledge of these factors during
the practical test.
    Additionally, many of the new light-sport aircraft are capable of
operating above 10,000 feet MSL. By providing sport pilots with the
ability to better utilize the capabilities of these aircraft and
operate at higher altitudes in mountainous terrain, the proposed
revision should assist in reducing the risks associated with mountain
flying. By restricting operations above 10,000 feet MSL to no more than
2,000 feet AGL, sport pilots operating light-sport aircraft should not
impose a hazard to high-performance aircraft that routinely operate at
higher altitudes.

II.B.10. Permit private pilots to receive compensation for production
flight testing of powered parachutes and weight-shift-control aircraft
intended for certification in the light-sport category in Sec.  21.190
(Sec.  61.113)
    The FAA is proposing to add Sec.  61.113(h) to allow a private
pilot to act as pilot in command for compensation or hire when
conducting a production flight test in a powered parachute or a weight-
shift-control aircraft intended for certification in the light-sport
category under Sec.  21.190.
    The 2004 final rule created two new categories of aircraft-powered
parachutes and weight-shift-control aircraft. The final rule also
permitted the manufacture of these aircraft for certification in the
light-sport category under Sec.  21.190. During the manufacturing
process, these aircraft must undergo a production flight test. For
other categories of aircraft, these production flight tests are carried
out by persons with at least a commercial pilot certificate who can
receive compensation for the conduct of this activity. The final rule,
however, did not create ratings at the commercial pilot level for these
two new categories of aircraft. Since private pilots under the current
rule cannot receive compensation when conducting production flight
tests, the regulations currently do not provide a means for a pilot
conducting production flight tests of powered parachutes or weight-
shift-control aircraft to be compensated for that activity. The FAA
recognizes both the need for production flight tests of these aircraft
and the fact that persons conducting these flight tests may be
compensated. The proposal therefore would provide a means for
appropriately rated pilots with sufficient experience to conduct these
flight tests for compensation or hire. The FAA maintains that these
operations should be conducted by a person who holds at least a private
pilot certificate with the appropriate category and class rating. As
reflected in current operating limitations for special light-sport
aircraft, the FAA believes that pilots conducting a production flight
test should have a minimum of 100 hours pilot-in-command time in the
same category of aircraft as that undergoing a production flight test.
    The provisions of this rule would only apply to powered parachutes
and weight-shift-control aircraft intended for certification under
Sec.  21.190. It would not permit private pilots to be compensated for
conducting test flights of other aircraft that are not intended for
certification under Sec.  21.190 (e.g., experimental amateur-built
aircraft that meet the definition of ``light-sport aircraft'' or
aircraft intended for certification as experimental light-sport
aircraft under Sec.  21.191(i)).
II.B.11. Revise student sport pilot solo cross-country navigation and
communication flight training requirements (Sec.  61.93)
    The FAA is proposing to amend Sec.  61.93(e)(9), (e)(12), (h)(9),
(k)(9), and (k)(11) regarding maneuvers and procedures for cross-
country flight training in a single-engine airplane, a gyroplane, and
an airship. The amendment would except student pilots seeking a sport
pilot certificate from the requirement to receive and log flight
training on the use of radios for VFR navigation and two-way
communications, unless this equipment is installed in the aircraft used
for the solo cross-country flight. In addition, the amendment would
except student pilots seeking a sport pilot certificate from the
requirement to receive and log flight training on control and
maneuvering solely by reference to flight instruments, unless operating
an airplane with a VH greater than 87 knots CAS. Since sport pilots are
not required to be trained in the use of radios for VFR navigation,
two-way communications, and flight by reference to instruments, the FAA
has determined that student pilots seeking a sport pilot certificate
should not be required to receive training in those maneuvers and
procedures unless operating an airplane with a VH greater than 87 knots
CAS.
II.B.12. Clarify cross-country distance requirements for private pilots
seeking to operate weight-shift-control aircraft (Sec.  61.109)
    Currently Sec.  61.109(j)(2)(i) specifies that a person applying
for a private pilot certificate with a weight-shift-control rating must
log ``one cross-country flight over 75 nautical miles total distance''
at night with an authorized instructor. Although paragraph (j)(2)(i)
uses the term ``cross-country flight,'' persons applying for this
rating frequently have overlooked the provisions of Sec.
61.1(b)(3)(ii)(B), which states that for purposes of meeting the
aeronautical experience requirements for a private pilot certificate
with a weight-shift-control rating, cross-country time includes a point
of landing at least a straight-line distance of more than 50 nautical
miles from the original point of departure. To ensure that persons
applying for a private pilot certificate with a weight-shift-control
rating complete a cross-country flight that meets the requirements of
both Sec. Sec.  61.1 and 61.109(j), the FAA is proposing to add
language in Sec.  61.109(j), consistent with Sec.  61.1, to indicate
that the cross-country flight must include a point of landing that is a
straight-line distance of more than 50 nautical miles from the original
point of departure. The proposal merely clarifies the existing
regulation and would not add any new requirement.
II.B.13. Revise the aeronautical experience requirements at towered
airports for persons seeking to operate a powered parachute or weight-
shift-control aircraft as a private pilot (Sec.  61.109)
    The FAA is proposing to revise the aeronautical experience
requirements for a private pilot certificate with a powered parachute
rating in Sec.  61.109(i)(4)(ii) and for a weight-shift-control
aircraft rating in Sec.  61.109(j)(4)(iii). These paragraphs currently
state that training for powered parachute and weight-shift-control
aircraft ratings must include at least 3 takeoffs and landings (with
each landing involving a flight in a traffic pattern) at an airport
with an operating control tower. These paragraphs also require that the
takeoffs and landings be performed in the specific category of aircraft
for which a rating is sought while in solo flight. The FAA is proposing
to permit these takeoffs and landings to be performed in any category
of aircraft and in either solo or dual flight.
    Currently, many persons seeking to obtain ratings in powered
parachutes or weight-shift-control aircraft experience difficulty in
conducting operations at tower-controlled airports. These aircraft
frequently experience difficulty operating in the traffic pattern with
other categories and classes of aircraft due to their slower speeds,
flight characteristics, and operating limitations. This proposal would
allow persons seeking these ratings to conduct operations at tower-
controlled airports without the burden of having to conduct these
operations in a powered parachute or weight-shift-control aircraft
while in solo flight. This proposal would provide applicants with
additional flexibility in obtaining the aeronautical experience
necessary to conduct operations at tower-controlled airports. An
applicant would not only be permitted to obtain the necessary
aeronautical experience in the category of aircraft for which a rating
is sought while in solo flight, but also in dual flight in any category
of aircraft.

II.B.14. Remove the requirement for pilots with only powered parachute
and weight-shift-control aircraft ratings to take a knowledge test for
an additional rating at the same certificate level (Sec.  61.63)
    The FAA is proposing to amend Sec.  61.63(b)(5) and (c)(5) to
permit persons who hold powered parachute and weight-shift-control
aircraft category ratings to apply for a pilot certificate with an
additional category or class rating without taking an additional
knowledge test. Knowledge tests for applicants for category or class
ratings for powered aircraft at the same certificate level address
identical aeronautical knowledge areas. Persons who hold a category
rating for a powered aircraft (other than powered parachutes and
weight-shift-control aircraft) are not currently required to take a
knowledge test when applying for an additional category or class rating
for a powered aircraft at their certificate level.
    The 2004 final rule created two additional categories and classes
of powered aircraft. In that rule, applicants who hold category ratings
for powered parachutes or weight-shift-control aircraft seeking
additional category and class ratings were not provided the same relief
as that provided to persons who hold category and class ratings for
other powered aircraft. The FAA is therefore proposing to amend Sec.
61.63 to provide applicants who hold category ratings for powered
parachutes or weight-shift-control aircraft with this relief.
II.B.15. Revise the amount of hours of flight training an applicant for
a sport pilot certificate must log within 60 days prior to taking the
practical test (Sec.  61.313)
    Current Sec.  61.313 requires an applicant for a sport pilot
certificate to log at least ``3 hours of flight training on those areas
of operation specified in Sec.  61.311 preparing for the practical
test, within 60 days before the date of the test.'' In developing the
aeronautical experience requirements for the issuance of the sport
pilot certificate, the FAA based this requirement on the corresponding
aeronautical experience requirements for the issuance of higher-level
pilot certificates. Those certificates, however, require applicants to
log more flight time than is required for the issuance of a sport pilot
certificate and to prepare for testing on a higher number of tasks. Due
to the lower number of hours required for a person to apply for a sport
pilot certificate and the lower number of tasks for which preparation
is necessary, the number of hours currently required to be logged
within 60 days before the date of the practical test is proportionately
higher than that required for other certificates. Accordingly, the FAA
is proposing to reduce the number of hours that must be logged in
preparation for the practical test within 60 days of that test from 3
hours to 2 hours, for aircraft other than gliders. For gliders, the FAA
is proposing to reduce the aeronautical experience that must be logged
in preparation for the practical test from 3 hours to 3 training
flights. The FAA believes that these proposed changes would better
correspond to the time required to prepare for the practical test and
recognize the unique characteristics of gliders. The FAA, however, is
not reducing the total number of hours required for the issuance of any
category and class of sport pilot certificate.
II.B.16. Remove expired ultralight transition provisions and limit the
use of aeronautical experience obtained in ultralight vehicles
(Sec. Sec.  61.52, 61.301, 61.309, 61.311, 61.313, 61.329, and 61.431)
    Current Sec. Sec.  61.329 and 61.431 describe special provisions
for obtaining sport pilot certificates and flight instructor
certificates with a sport pilot rating for persons who are registered
with FAA-recognized ultralight organizations. These sections were
intended to provide a means for pilots and flight instructors who
received training from an FAA-recognized ultralight organization to
transition to sport pilot certificates and flight instructor
certificates with a sport pilot rating. As provided in the rules, the
transition period for obtaining a sport pilot certificate expired on
January 31, 2007, and the transition period for obtaining a flight
instructor certificate with a sport pilot rating expired on January 31,
2008. Because January 31, 2007, and January 31, 2008, have passed, the
FAA is proposing to remove Sec.  61.329 (except for the ultralight
pilot record provisions of paragraph (a)(2)(iv), which will be
transferred to Sec.  61.52) and Sec.  61.431. In addition, the FAA
intends to amend Sec. Sec.  61.309, 61.311, and 61.313 to remove
references to Sec.  61.329. The reference to the expired transition
provisions in Sec.  61.301(a)(7) would also be removed.
    Additionally, the proposal would revise Sec.  61.52(a) and (b) to
permit persons to use aeronautical experience obtained in ultralight
vehicles to meet the requirements for certain airman certificates and
ratings and also to meet the provisions of Sec.  61.69 until January
31, 2012. The FAA originally adopted the provisions of current Sec.
61.52 to facilitate the process for operators of ultralight vehicles to
obtain airman certificates established by the 2004 rule and to meet the
requirements of Sec.  61.69. The FAA did not intend for these
transition provisions to be indefinite in duration. Since operators of
ultralight vehicles should have transitioned to the new airman
certificates prior to the date of this proposal, or have used their
aeronautical experience to meet the provisions of Sec.  61.69, the FAA
believes that retaining the provisions for the use of aeronautical
experience in Sec.  61.52 is no longer warranted. The FAA recognizes,
however, that operators of ultralight vehicles may have acquired
aeronautical experience in ultralight vehicles with the intent of
obtaining airman certificates established by the 2004 rule, or to meet
the experience requirements of Sec.  61.69. To provide these persons
with a sufficient amount of time to use this aeronautical experience to
obtain the new certificates, or meet the requirements of Sec.  61.69,
the FAA is proposing a date of January 31, 2012, after which the
provisions of Sec.  61.52 may no longer be used.
II.B.17. Add a requirement for student pilots to obtain endorsements
identical to those proposed for sport pilots in proposed Sec. Sec.
61.324 and 61.327 (Sec.  61.89)
    In Sec.  61.89, the FAA is proposing to add paragraphs (c)(5) and
(c)(6) to require student pilots seeking sport pilot certificates to
obtain endorsements identical to those specified in proposed Sec. Sec.
61.327 (to operate a light-sport aircraft based on VH) and
61.324 (to operate a powered parachute with an elliptical wing),
respectively. Currently, sport pilots are required to obtain specific
endorsements for the operation of particular light-sport aircraft.
These endorsements have not been required for student pilots seeking a
sport pilot certificate because these student pilots are required to
have a specific make-and-model endorsement for each aircraft they
operate. If a student pilot does not obtain the endorsements required
for holders of sport pilot certificates, the student pilot is precluded
from operating the corresponding light-sport aircraft upon issuance of
the sport pilot certificate. By requiring student pilots seeking a
sport pilot certificate to receive these identical endorsements while
exercising student pilot privileges, the FAA would ensure that newly
certificated sport pilots would be able to continue to operate those
aircraft in which they have exercised pilot-in-command privileges as
student pilots.

II.B.18. Clarify that an authorized instructor must be in a powered
parachute when providing flight instruction to a student pilot (Sec.
61.313)
    In Sec.  61.313(g)(1), which describes the requirements for logging
aeronautical experience to obtain powered parachute category land or
sea class ratings, the FAA is proposing to add the words ``from an
authorized instructor in a powered parachute aircraft'' to clarify that
an authorized instructor must be in the aircraft for a student pilot to
log flight training time. The FAA is concerned that there is confusion
in the sport pilot community whether paragraph (g)(1) allows for
``radio flight training'' (i.e., flight training when an authorized
instructor is not in the aircraft), which was not the FAA's intent. The
proposed change would be consistent with other provisions for logging
the aeronautical experience necessary to apply for a sport pilot
certificate and would clarify that all flight training must be received
from an authorized instructor in flight in an aircraft, as specified in
Sec.  61.1(b)(6).
    Also in Sec.  61.313(g)(1), the FAA is changing the words ``at
least 2 hours of solo flight training'' to ``at least 2 hours of solo
flight time.'' The word ``training'' implies that an instructor should
be in the aircraft, which is not appropriate in a solo flight time
requirement.
II.B.19. Remove the requirement for aircraft certificated as
experimental aircraft in the light-sport category to comply with the
applicable maintenance and preventive maintenance requirements of part
43 when those aircraft have been previously issued a special
airworthiness certificate in the light-sport category (Sec.  43.1)
    Currently, aircraft that have been issued a special airworthiness
certificate in the light-sport category must continue to meet the
applicable maintenance and preventive maintenance requirements of part
43 when those aircraft are subsequently certificated as experimental
light-sport aircraft under Sec.  21.191(i)(3).
    A manufacturer may produce a special light-sport aircraft for
certification under the provisions of Sec.  21.190 and the maintenance
provisions of part 43 will apply to that aircraft. The manufacturer may
continue to produce that same aircraft as an aircraft kit under the
provisions of Sec.  21.191(i)(2), and part 43 will not apply to the
maintenance of that aircraft. However, that same aircraft, when
originally certificated under Sec.  21.190 and subsequently re-
certificated as an experimental light-sport aircraft under the
provisions of Sec.  21.191(i)(3) must continue to comply with the
provisions of part 43. Additionally, these rules preclude non-
certificated persons from performing maintenance on aircraft originally
certificated under Sec.  21.190 and subsequently re-certificated under
Sec.  21.191(i)(3), even though these experimental aircraft are
restricted to personal use. When originally proposing these rules, the
FAA's intent was to have identical maintenance requirements for all
aircraft certificated under Sec.  21.191(i) regardless of whether they
were previously certificated in another category. The current
maintenance rules for these aircraft, however, negate the underlying
rationale for originally adopting the provisions of Sec.  21.191(i)(3).
The FAA is therefore proposing to amend Sec.  43.1 to remove the
requirement for aircraft certificated as experimental aircraft in the
light-sport category to comply with the requirements of part 43 when
those aircraft have been previously issued a special airworthiness
certificate in the light-sport category. The proposal would conform
maintenance requirements for aircraft certificated under Sec.
21.191(i) to the original intent of the 2004 final rule.
II.B.20. Require aircraft owners or operators to retain a record of the
current status of applicable safety directives for special light-sport
aircraft (Sec.  91.417)
    Currently Sec.  91.327(b)(4) specifies that no person may operate
an aircraft that has a special airworthiness certificate in the light-
sport category unless the owner or operator complies with each safety
directive applicable to the aircraft that corrects an existing unsafe
condition. Although owners and operators must comply with these safety
directives, there currently is no requirement to retain a record of the
current status of applicable safety directives or transfer of that
information at the time of sale of the aircraft.
    Without a requirement to retain and transfer this information,
owners, operators, and FAA safety inspectors are not able to easily
determine whether maintenance actions critical to flight safety have
been accomplished on special light-sport aircraft. This requirement
should have been included in the 2004 final rule. The FAA is therefore
proposing to revise Sec.  91.417(a)(2)(v) to require owners or
operators to retain these records. These records must be transferred in
accordance with the provisions of Sec.  91.419.
II.B.21. Provide for use of aircraft with a special airworthiness
certificate in the light-sport category in training courses approved
under part 141 (Sec.  141.39)
    When the 2004 final rule was issued, the FAA did not revise part
141 to provide for the use of light-sport aircraft in courses approved
under that part. Since that time, the FAA has received requests for
special light-sport aircraft to be used in courses approved under part
141. Although special light-sport aircraft are not type-certificated
aircraft, they are designed, manufactured, and certificated in
accordance with consensus standards that have been accepted by the FAA.
When part 141 was originally adopted, the FAA did not contemplate the
use of aircraft manufactured in accordance with consensus standards.
Since these aircraft are manufactured in accordance with FAA-accepted
consensus standards, the FAA believes that these aircraft provide an
acceptable level of safety for use in part 141 training courses. To be
used in a course approved under part 141, the aircraft also would have
to be properly equipped for performing the tasks specified in the
training course in which the aircraft would be used. The FAA is
therefore proposing to revise Sec.  141.39(b) to permit the use of
special light-sport aircraft in training courses that are approved
under part 141.
II.B.22. Revise minimum safe-altitude requirements for powered
parachutes and weight-shift-control aircraft, and balloons (Sec.
91.119)
    Currently pilots of powered parachutes and weight-shift-control
aircraft must remain at least 1,000 feet above the highest obstacle
within a horizontal radius of 2,000 feet when operating over any
congested area of a city, town, or settlement, or over any open-air
assembly of persons. When operating over other than congested areas,
powered parachutes and weight-shift-control aircraft must be operated
at an altitude of 500 feet above the surface, except when operating
over open water or sparsely populated areas. When operating over these
areas, these aircraft may not be operated closer than 500 feet to any
person, vessel, vehicle, or structure. The restrictions specified for
operations over congested areas and other than congested areas are not
applicable when necessary for the takeoff or landing of the aircraft.
    While the FAA believes that current operating restrictions for
powered parachutes and weight-shift-control aircraft over congested
areas are appropriate, the agency believes that

current restrictions on the operation of powered parachutes and weight-
shift-control aircraft over other than congested areas are overly
restrictive.
    The FAA recognizes that the operational characteristics (lower
maximum gross weights, slower speeds, and lower climb rates) of powered
parachutes and weight-shift control aircraft enable them to safely
operate over other than congested areas at altitudes lower than those
at which other aircraft are routinely operated. Additionally, many of
these aircraft have been designed with the intent of conducting
operations at altitudes below those permitted by the current
regulation. Requiring these aircraft to operate at altitudes more
appropriate to other categories and classes of aircraft significantly
decreases their utility to owners and operators. In the event of a
forced landing, the slower speeds, lower weights, and greater
maneuverability of these aircraft allow for shorter landing distances
and lower impact forces. The FAA is therefore proposing to amend Sec.
91.119 to allow powered parachutes and weight-shift-control aircraft to
be operated over other than congested areas at less than 500 feet above
the surface, provided the operation is conducted without hazard to
persons or property on the surface.

III. Paperwork Reduction Act

    Information collection requirements associated with the proposed
amendments to part 61 to replace sport pilot privileges with aircraft
category and class ratings on all pilot certificates and to replace
sport pilot flight instructor privileges with aircraft category ratings
on all flight instructor certificates have been approved previously by
the Office of Management and Budget (OMB) under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and assigned OMB
Control Number 2120-0690. This rulemaking action would ensure that
sport pilots and flight instructors with a sport pilot rating are in
compliance with the FAA's existing requirement that a record of their
logbook endorsements are on file with the FAA.
    Information collection requirements associated with the proposed
amendment to Sec.  91.419 to require owners and operators of special
light-sport aircraft (SLSAs) to retain a record of the current status
of applicable safety directives and transfer that information at the
time of the sale of that aircraft would be a new information collection
requirement. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted the information requirements
associated with this proposal to the Office of Management and Budget
for its review. A summary of those requirements is as follows.
    Use: The information will be used to enable safety inspectors, in
situations such as accident investigations, to determine whether
required maintenance actions were accomplished on SLSAs.
    Respondents: There are currently 927 registered SLSAs (expected to
increase by 75 aircraft every 2 years). However, the FAA does not know
the exact numbers of owners and operators. The FAA expects the number
of owners and operators would be fewer than 927.
    Frequency: Owners and operators of SLSAs would retain and transfer
records on the status of safety directives only when safety directives
have been issued on their SLSAs. The FAA estimates that it would take
an owner operator 2 hours per year to comply with the requirement.
    Annual Burden Estimate
    There would be no annualized cost to the Federal government. For
owners and operators, the total hour burden would be 21,540 hours over
a 10-year period. The average number of hours each year would be 2,154,
computed as follows:

----------------------------------------------------------------------------------------------------------------
                                                           Number of SLSA        Hours per
                          Year                                aircraft           aircraft      Total hour burden
----------------------------------------------------------------------------------------------------------------
2008...................................................                927                  2              1,854
2009...................................................                927                  2              1,854
2010...................................................               1002                  2              2,004
2011...................................................               1002                  2              2,004
2012...................................................               1077                  2              2,154
2013...................................................               1077                  2              2,154
2014...................................................               1152                  2              2,304
2015...................................................               1152                  2              2,304
2016...................................................               1227                  2              2,454
2017...................................................               1227                  2              2,454
                                                                                ------------------
  Total................................................  .................  .................             21,540
                                                                                ------------------
  Average..............................................  .................  .................              2,154
----------------------------------------------------------------------------------------------------------------

    The total cost burden, assuming the value of an owner or operator's
time is $31.50 per hour, would be $678,510 ($467,646 discounted). The
annualized cost would be $66,584 per year ($467,646 multiplied by
0.14238 (the capital recovery factor)).
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to
be collected; and
    (4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
    Individuals and organizations may send comments on the information
collection requirement by June 16, 2008, and should direct them to the
address listed in the Addresses section at the end of this preamble.
Comments also should be submitted to the Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention: Desk
Officer for FAA, New Executive Building, Room 10202, 725 17th Street,
NW., Washington, DC 20053.
    According to the 1995 amendments to the Paperwork Reduction Act (5
CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the
collection of information, nor may it impose an information collection
requirement unless it displays a currently valid OMB control number.
The OMB control number for this information collection will be
published in the Federal

Register, after the Office of Management and Budget approves it.

IV. International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.

V. Regulatory Notices and Analyses

V.A. Economic Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule. We suggest readers seeking
greater detail read the full regulatory evaluation, a copy of which we
have placed in the docket for this rulemaking.
    In conducting these analyses, FAA has determined that this proposed
rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) would not have a
significant economic impact on a substantial number of small entities;
(5) would not create unnecessary obstacles to the foreign commerce of
the United States; and (6) would not impose an unfunded mandate on
State, local, or tribal governments, or on the private sector by
exceeding the threshold identified above. These analyses are summarized
below.
    Costs and Benefits: The total cost of this rule would be
approximately $8.2 million ($5.8 million, discounted). Much of this
cost ($4.3 million) is attributed to new training requirements for
sport pilots who fly aircraft with a VH greater than 87
knots CAS. Another substantial portion of the cost ($3.0 million) is
attributed to changes to the way in which sport pilot practical exams
are administered. Benefits include increased safety for sport pilots
flying in conditions requiring navigation by reference to instruments,
the ability for pilots of powered parachutes and weight-shift-control
aircraft to fly at lower altitudes in other-than-congested areas, and
the ability for sport pilots to possess certificates with ratings
similar to those of other pilots.

V.B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)(RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    This proposed rule would impose minimal costs on individuals who
are or are in the process of becoming sport pilots. Most of these
individuals fly for sport or recreation, and therefore the Regulatory
Flexibility Act does not apply to them. However, the rule would impose
costs on flight instructors with sport pilot ratings who provide
instruction as a business endeavor, and in this case the Regulatory
Flexibility Act does apply. The estimated 390 current instructors who
have already filed the correct paperwork with the FAA would pay
nothing. The estimated 210 instructors who have not filed the proper
paperwork would incur a one-time cost of approximately $130 each, which
the FAA does not consider a significant cost. Therefore, the FAA
certifies that this proposed rule would not have a significant economic
impact on a substantial number of flight instructors with a sport pilot
rating engaged in a business endeavor. The FAA requests comments from
affected entities on this finding and determination.

V.C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this proposed rule and has determined that it would
have no significant impact on international trade.

V.D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $128.1 million in lieu of $100 million. This proposed rule does not
contain such a mandate.

V.E. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, would not have federalism implications.

V.F. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 307(k) and involves no
extraordinary circumstances.

V.G. Regulations That Significantly Affect Energy Supply, Distribution,
or Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.

VI. Additional Information

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
    We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://
www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://
www.faa.gov/regulations--policies/; or
    3. Accessing the Government Printing Office's Web page at http://
www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Be sure
to identify the docket number, notice number, or amendment number of
this rulemaking.
    You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the Internet through the Federal eRulemaking Portal referenced in
paragraph (1).

List of Subjects

14 CFR Part 43

    Aircraft, Aviation safety.

14 CFR Part 61

    Aircraft, Airmen, Recreation and recreation areas, Teachers.

14 CFR Part 91

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 141

    Airmen, Educational facilities, Schools.

The Proposed Amendments

    In consideration of the foregoing, the FAA proposes to amend parts
43, 61, 91, and 141 of title 14 Code of Federal Regulations (14 CFR
parts 43, 61, 91, and 141) as follows:

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

    1. The authority citation for part 43 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707,
44711, 44713, 44717, 44725.

    2. Amend Sec.  43.1 by revising paragraph (b) to read as follows:

Sec.  43.1  Applicability.

* * * * *
    (b) This part does not apply to any aircraft for which the FAA has
issued an experimental certificate, unless the FAA has previously
issued a different kind of airworthiness certificate, other than a
special airworthiness certificate in the light-sport category, for that
aircraft.
* * * * *

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

    3. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    4. Amend Sec.  61.1 by revising paragraphs (b)(3)(iii) introductory
text and (b)(3)(iv) introductory text to read as follows:

Sec.  61.1  Applicability and definitions.

* * * * *
    (b) * * *
    (3) * * *
    (iii) For the purpose of meeting the aeronautical experience
requirements for a sport pilot certificate (except for a powered
parachute rating), time acquired during a flight conducted in an
appropriate aircraft that--
* * * * *
    (iv) For the purpose of meeting the aeronautical experience
requirements for a sport pilot certificate with a powered parachute
rating or a private pilot certificate with a powered parachute category
rating, time acquired during a flight conducted in an appropriate
aircraft that--
* * * * *
    5. Amend Sec.  61.3 by revising paragraphs (c)(2)(i), (c)(2)(ii),
(c)(2)(iv), and (c)(2)(v) introductory text to read as follows:

Sec.  61.3  Requirement for certificates, ratings, and authorizations.

* * * * *
    (c) * * *
    (2) * * *
    (i) Is exercising the privileges of a student pilot certificate
while seeking a pilot certificate with a glider category rating or a
balloon class rating;
    (ii) Is exercising the privileges of a student pilot certificate
while seeking a sport pilot certificate with other than

glider or balloon ratings and holds a current and valid U.S. driver's
license;
* * * * *
    (iv) Is exercising the privileges of a sport pilot certificate with
glider or balloon ratings;
    (v) Is exercising the privileges of a sport pilot certificate with
other than glider or balloon ratings and holds a current and valid U.S.
driver's license. A person who has applied for or held a medical
certificate may exercise the privileges of a sport pilot certificate
using a current and valid U.S. driver's license only if that person--
* * * * *
    6. Amend Sec.  61.5 by revising paragraph (c)(5) to read as
follows:

Sec.  61.5  Certificates and ratings issued under this part.

* * * * *
    (c) * * *
    (5) Sport pilot ratings--
    (i) Sport pilot--airplane single-engine.
    (ii) Sport pilot--weight-shift control aircraft.
    (iii) Sport pilot--powered parachute.
    (iv) Sport pilot--rotorcraft-gyroplane.
    (v) Sport pilot--glider.
    (vi) Sport pilot--lighter-than-air airship.
    (vii) Sport pilot--lighter-than-air balloon.
* * * * *
    7. Amend Sec.  61.7 by adding paragraphs (c), (d), and (e) to read
as follows:

Sec.  61.7  Obsolete certificates and ratings.

* * * * *
    (c) Prior to [TWO YEARS FROM EFFECTIVE DATE OF FINAL RULE], the
holder of a sport pilot certificate without a category and class rating
whose logbook has been endorsed for sport pilot privileges in a
specific category and class of aircraft may--
    (1) Exercise the privileges of a sport pilot certificate with a
corresponding category and class rating; and
    (2) Exchange that certificate for a sport pilot certificate with a
category and class rating corresponding to the privileges previously
held.
    (d) Prior to [TWO YEARS FROM EFFECTIVE DATE OF FINAL RULE], the
holder of a recreational pilot certificate or higher whose logbook has
been endorsed for sport pilot privileges in a specific category and
class of aircraft may--
    (1) Exercise the privileges of a sport pilot with a category and
class rating in an aircraft corresponding to the category and class of
aircraft specified in that pilot's logbook endorsement; and
    (2) Exchange that certificate for a recreational pilot certificate
or higher with a category and class rating corresponding to the sport
pilot privileges previously held.
    (e) A flight instructor certificate with a sport pilot rating
issued before [EFFECTIVE DATE OF FINAL RULE] is equivalent to a flight
instructor certificate with a sport pilot rating and the appropriate
aircraft category and class rating. A flight instructor certificate
with other than a sport pilot rating held by a person who has the
privileges of a flight instructor certificate with a sport pilot rating
is equivalent to a flight instructor certificate with the corresponding
flight instructor ratings and sport pilot category and class ratings.
The holder of a flight instructor certificate who has sport pilot
privileges not listed on that certificate may not exercise those
privileges after [TWENTY SEVEN CALENDAR MONTHS FROM EFFECTIVE DATE OF
FINAL RULE].
    8. Amend Sec.  61.23 by:
    a. Revising paragraph (b)(1);
    b. Removing paragraph (b)(2);
    c. Redesignating paragraphs (b)(3) through (b)(8) as paragraphs
(b)(2) through (b)(7) respectively; and
    d. Revising newly redesignated paragraph (b)(3)(i).
    The revisions read as follows:

Sec.  61.23  Medical certificates: Requirement and duration.

* * * * *
    (b) * * *
    (1) When exercising the privileges of a student pilot certificate
while seeking a pilot certificate with a glider category rating or
balloon class rating;
* * * * *
    (3) * * *
    (i) A sport pilot-glider rating or sport pilot-lighter-than air
balloon rating; or
* * * * *

Sec.  61.31  [Amended]

    9. Amend Sec.  61.31 by:
    a. Adding the word ``or'' after the semicolon at the end of
paragraph (k)(2)(iv);
    b. Removing the semicolon and the word ``or'' at the end of
paragraph (k)(2)(v) and adding a period in their place; and
    c. Removing paragraph (k)(2)(vi).
    10. Amend Sec.  61.51 by:
    a. Revising paragraphs (c)(1) and (e)(1)(i);
    b. Removing paragraphs (i)(3) and (i)(5); and
    c. Redesignating paragraph (i)(4) as (i)(3).
    The revision reads as follows:

Sec.  61.51  Pilot logbooks.

* * * * *
    (c) * * *
    (1) Apply for a certificate or rating issued under this part; or
* * * * *
    (e) * * *
    (1) * * *
    (i) Is the sole manipulator of the controls of an aircraft for
which the pilot is rated;
* * * * *
    11. Amend Sec.  61.52 by revising paragraphs (a) introductory text,
(b), (c)(2) and (c)(3), and adding paragraph (c)(4) to read as follows:

Sec.  61.52  Use of aeronautical experience obtained in ultralight
vehicles.

    (a) Before January 31, 2012, a person may use aeronautical
experience obtained in an ultralight vehicle to meet the requirements
for the following certificates and ratings issued under this part:
* * * * *
    (b) Before January 31, 2012, a person may use aeronautical
experience obtained in an ultralight vehicle to meet the provisions of
Sec.  61.69.
    (c) * * *
    (2) Document and log that aeronautical experience in accordance
with the provisions for logging aeronautical experience specified by an
FAA-recognized organization and in accordance with the provisions for
logging pilot time in aircraft as specified in Sec.  61.51;
    (3) Obtain the aeronautical experience in a category and class of
vehicle that is appropriate to the rating sought; and
    (4) Provide the FAA with a certified copy of his or her ultralight
pilot records from an FAA-recognized ultralight organization, that--
    (i) Document that he or she is a registered ultralight pilot with
that FAA-recognized ultralight organization; and
    (ii) Indicate that he or she is recognized to operate the category
and class of aircraft for which sport pilot privileges are sought.
    12. Amend Sec.  61.63 by revising paragraphs (b)(5) and (c)(5) to
read as follows:

Sec.  61.63  Additional aircraft ratings (other than on an airline
transport pilot certificate).

* * * * *
    (b) * * *
    (5) Need not take an additional knowledge test, provided the
applicant holds an airplane, rotorcraft, powered-lift, weight-shift-
control aircraft, powered parachute, or airship rating at that pilot
certificate level.
    (c) * * *
    (5) Need not take an additional knowledge test, provided the
applicant holds an airplane, rotorcraft, powered-

lift, weight-shift-control aircraft, powered parachute, or airship
rating at that pilot certificate level.
* * * * *
    13. Amend Sec.  61.87 by revising the introductory text of
paragraphs (d), (g), (i), (j), (l), and (m) to read as follows:

Sec.  61.87  Solo requirements for student pilots.

* * * * *
    (d) Maneuvers and procedures for pre-solo flight training in a
single-engine airplane. A student pilot who is receiving training for a
single-engine airplane rating must receive and log flight training for
the following maneuvers and procedures:
* * * * *
    (g) Maneuvers and procedures for pre-solo flight training in a
gyroplane. A student pilot who is receiving training for a gyroplane
rating must receive and log flight training for the following maneuvers
and procedures:
* * * * *
    (i) Maneuvers and procedures for pre-solo flight training in a
glider. A student pilot who is receiving training for a glider rating
must receive and log flight training for the following maneuvers and
procedures:
* * * * *
    (j) Maneuvers and procedures for pre-solo flight training in an
airship. A student pilot who is receiving training for an airship
rating must receive and log flight training for the following maneuvers
and procedures:
* * * * *
    (l) Maneuvers and procedures for pre-solo flight training in a
powered parachute. A student pilot who is receiving training for a
powered parachute rating must receive and log flight training for the
following maneuvers and procedures:
* * * * *
    (m) Maneuvers and procedures for pre-solo flight training in a
weight-shift-control aircraft. A student pilot who is receiving
training for a weight-shift-control aircraft rating must receive and
log flight training for the following maneuvers and procedures:
* * * * *
    14. Amend Sec.  61.89 by:
    a. Revising paragraph (c)(3);
    b. Removing the period from the end of paragraph (c)(4) and adding
a semicolon; and
    c. Adding paragraphs (c)(5), (c)(6), and (c)(7).
    The revision and additions read as follows:

Sec.  61.89  General limitations.

* * * * *
    (c) * * *
    (3) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL,
whichever is higher;
* * * * *
    (5) Of a light-sport aircraft without having received the
applicable ground training, flight training, and instructor
endorsements specified in Sec.  61.327 (a) and (b);
    (6) Prior to conducting a cross-country flight in a light-sport
aircraft without having received the applicable ground training, flight
training, and instructor endorsements specified in Sec.  61.327 (c);
and
    (7) Of a powered parachute with an elliptical wing without having
received the ground training, flight training, and instructor
endorsement specified in Sec.  61.324.
    15. Amend Sec.  61.93 by revising paragraphs (e)(9), (e)(12),
(h)(9), (k)(9), and (k)(11) to read as follows:

Sec.  61.93  Solo cross-country flight requirements.

* * * * *
    (e) * * *
    (9) Use of radios for VFR navigation and two-way communication,
except that a student pilot seeking a sport pilot certificate must only
receive and log flight training on the use of radios installed in the
aircraft to be flown;
* * * * *
    (12) Control and maneuvering solely by reference to flight
instruments, including straight and level flight, turns, descents,
climbs, use of radio aids, and ATC directives. For student pilots
seeking a sport pilot certificate, the provisions of this paragraph
only apply when receiving training for cross-country flight in an
airplane that has a VH greater than 87 knots CAS.
* * * * *
    (h) * * *
    (9) Use of radios for VFR navigation and two-way communication,
except that a student pilot seeking a sport pilot certificate must only
receive and log flight training on the use of radios installed in the
aircraft to be flown; and
* * * * *
    (k) * * *
    (9) Use of radios for VFR navigation and two-way communication,
except that a student pilot seeking a sport pilot certificate must only
receive and log flight training on the use of radios installed in the
aircraft to be flown;
* * * * *
    (11) Control of the airship solely by reference to flight
instruments, except for a student pilot seeking a sport pilot
certificate; and
* * * * *
    16. Amend Sec.  61.109 by:
    a. Removing the word ``and'' at the end of paragraphs (i)(3) and
(j)(3);
    b. Revising paragraphs (i)(4)(ii) and (j)(2)(i);
    c. Adding the word ``and'' to the end of paragraph (j)(4)(i);
    d. Removing paragraph (j)(4)(iii); and
    e. Adding paragraphs (i)(5) and (j)(5).
    The revisions and additions read as follows:

Sec.  61.109  Aeronautical experience.

* * * * *
    (i) * * *
    (4) * * *
    (ii) Twenty solo takeoffs and landings to a full stop (with each
landing involving a flight in a traffic pattern) at an airport; and
    (5) Three takeoffs and landings (with each landing involving a
flight in the traffic pattern) in an aircraft at an airport with an
operating control tower.
    (j) * * *
    (2) * * *
    (i) One cross-country flight of over 75 nautical miles total
distance that includes a point of landing that is a straight-line
distance of more than 50 nautical miles from the original point of
departure; and
* * * * *
    (5) Three takeoffs and landings (with each landing involving a
flight in the traffic pattern) in an aircraft at an airport with an
operating control tower.
* * * * *
    17. Amend Sec.  61.113 by:
    a. Amending paragraph (a) by removing the words ``paragraphs (b)
through (g)'' and adding in their place the words ``paragraphs (b)
through (h)''; and
    b. Adding paragraph (h) to read as follows:

Sec.  61.113  Private pilot privileges and limitations: Pilot in
command.

* * * * *
    (h) A private pilot may act as pilot in command for the purpose of
conducting a production flight test in a light-sport aircraft intended
for certification in the light-sport category under Sec.  21.190 of
this chapter, provided that--
    (1) The aircraft is a powered parachute or a weight-shift-control
aircraft; and
    (2) The person has at least 100 hours of pilot-in-command time in
the category and class of aircraft flown.

Subpart H--Flight Instructors

    18. Revise the heading of subpart H of part 61 to read as set forth
above.

Sec.  61.181  [Amended]

    19. Amend Sec.  61.181 by removing the words ``(except for flight
instructor certificates with a sport pilot rating).''
    20. Amend Sec.  61.183 by revising paragraphs (c) and (j) to read
as follows:

Sec.  61.183  Eligibility requirements.

* * * * *
    (c) Hold--
    (1) Either a commercial pilot certificate or airline transport
pilot certificate with:
    (i) An aircraft category and class rating that is appropriate to
the flight instructor rating sought; and
    (ii) An instrument rating, or privileges on that person's pilot
certificate that are appropriate to the flight instructor rating
sought, if applying for--
    (A) A flight instructor certificate with an airplane category and
single-engine class rating;
    (B) A flight instructor certificate with an airplane category and
multiengine class rating;
    (C) A flight instructor certificate with a powered-lift rating; or
    (D) A flight instructor certificate with an instrument rating; or
    (2) At least a sport pilot certificate with a category and class
rating appropriate to the flight instructor rating sought, if seeking a
flight instructor certificate with a sport pilot rating.
* * * * *
    (j) Log--
    (1) At least 15 hours as pilot in command in the category and class
of aircraft that is appropriate to the flight instructor rating sought,
if applying for a flight instructor certificate with other than a sport
pilot rating; or
    (2) The aeronautical experience specified in Sec.  61.186, if
applying for a flight instructor certificate with a sport pilot rating;
and
* * * * *
    21. Amend Sec.  61.185 by revising paragraph (a)(2) to read as
follows:

Sec.  61.185  Aeronautical knowledge.

    (a) * * *
    (2) The aeronautical knowledge areas for--
    (i) A recreational, private, and commercial pilot certificate
applicable to the aircraft category for which flight instructor
privileges are sought, if applying for a flight instructor certificate
with other than a sport pilot rating; or
    (ii) A sport pilot certificate applicable to the aircraft category
for which flight instructor privileges are sought, if applying for a
flight instructor certificate with a sport pilot rating; and
* * * * *
    22. Add Sec.  61.186 to read as follows:

Sec.  61.186  Aeronautical experience requirements for persons applying
for a flight instructor certificate with a sport pilot rating.

    A person applying for a flight instructor certificate with a sport
pilot rating must meet the aeronautical experience requirements
specified in the following table:

------------------------------------------------------------------------
   A person applying for a
      flight instructor        Must log at least .   Which must include
  certificate with a sport             . .             at least . . .
   pilot rating for . . .
------------------------------------------------------------------------
(a) Airplane category with a  (1) 150 hours of      (i) 100 hours of
 single-engine class rating,   flight time as a      flight time as
                               pilot,                pilot in command in
                                                     a powered aircraft,
                                                    (ii) 50 hours of
                                                     flight time in a
                                                     single-engine
                                                     airplane,
                                                    (iii) 25 hours of
                                                     cross-country
                                                     flight time,
                                                    (iv) 10 hours of
                                                     cross-country
                                                     flight time in a
                                                     single-engine
                                                     airplane, and
                                                    (v) 15 hours of
                                                     flight time as
                                                     pilot in command in
                                                     a single-engine
                                                     airplane that is a
                                                     light-sport
                                                     aircraft.
                              (2) [Reserved].       ....................
(b) Glider category rating,.  (1) 25 hours of
                               flight time as
                               pilot in command of
                               a glider, 100
                               flights in a
                               glider, and 15
                               flights as pilot in
                               command in a glider
                               that is a light-
                               sport aircraft; or
                              (2) 100 hours in      ....................
                               heavier-than-air
                               aircraft, 20
                               flights in a
                               glider, and 15
                               flights as pilot in
                               command in a glider
                               that is a light-
                               sport aircraft.
(c) Rotorcraft category with  (1) 125 hours of      (i) 100 hours of
 a gyroplane class rating,     flight time as a      flight time as
                               pilot,                pilot in command in
                                                     a powered aircraft,
                                                    (ii) 50 hours of
                                                     flight time in a
                                                     gyroplane,
                                                    (iii) 10 hours of
                                                     cross-country
                                                     flight time,
                                                    (iv) 3 hours of
                                                     cross-country
                                                     flight time in a
                                                     gyroplane, and
                                                    (v) 15 hours of
                                                     flight time as
                                                     pilot in command in
                                                     a gyroplane that is
                                                     a light-sport
                                                     aircraft.
                              (2) [Reserved].       ....................
(d) Lighter-than-air          (1) 100 hours of      (i) 40 hours of
 category with an airship      flight time as a      flight time in an
 class rating,                 pilot,.               airship,
                                                    (ii) 20 hours of
                                                     flight time as
                                                     pilot in command in
                                                     an airship,
                                                    (iii) 10 hours of
                                                     cross-country
                                                     flight time,
                                                    (iv) 5 hours of
                                                     cross-country
                                                     flight time in an
                                                     airship, and
                                                    (v) 15 hours of
                                                     flight time as
                                                     pilot in command in
                                                     an airship that is
                                                     a light-sport
                                                     aircraft.
                              (2) [Reserved].       ....................
(e) Lighter-than-air          (1) 35 hours of       (i) 20 hours of
 category with a balloon       flight time as        flight time in a
 class rating,                 pilot in command,     balloon,
                                                    (ii) 10 flights in a
                                                     balloon, and

                                                    (iii) 5 flights as
                                                     pilot in command in
                                                     a balloon that is a
                                                     light-sport
                                                     aircraft.
                              (2) [Reserved]......  ....................
(f) Weight-shift-control      (1) 150 hours of      (i) 100 hours of
 aircraft category rating,     flight time as a      flight time as a
                               pilot,.               pilot in command in
                                                     a powered aircraft,
                                                    (ii) 50 hours of
                                                     flight time in a
                                                     weight-shift-
                                                     control aircraft,
                                                    (iii) 25 hours of
                                                     cross-country
                                                     flight time,
                                                    (iv) 10 hours of
                                                     cross-country
                                                     flight time in a
                                                     weight-shift-
                                                     control aircraft,
                                                     and
                                                    (v) 15 hours of
                                                     flight time as a
                                                     pilot in command in
                                                     a weight-shift-
                                                     control aircraft
                                                     that is a light-
                                                     sport aircraft.
                              (2) [Reserved].       ....................
(g) Powered-parachute         (1) 100 hours of      (i) 75 hours of
 category rating,              flight time as a      flight time as a
                               pilot,.               pilot in command in
                                                     a powered aircraft,
                                                    (ii) 50 hours of
                                                     flight time in a
                                                     powered parachute,
                                                    (iii) 15 hours of
                                                     cross-country
                                                     flight time,
                                                    (iv) 5 hours of
                                                     cross-country
                                                     flight time in a
                                                     powered parachute,
                                                     and
                                                    (v) 15 hours of
                                                     flight time as
                                                     pilot in command in
                                                     a powered parachute
                                                     that is a light-
                                                     sport aircraft.
                              (2) [Reserved].       ....................
------------------------------------------------------------------------

    23. Amend Sec.  61.187 by adding paragraph (b)(8) to read as
follows:

Sec.  61.187  Flight proficiency.

* * * * *
    (b) * * *
    (8) For a sport pilot rating with the appropriate aircraft category
and class rating:
    (i) Fundamentals of instructing;
    (ii) Technical subject areas;
    (iii) Preflight preparation;
    (iv) Preflight lesson on a maneuver to be performed in flight;
    (v) Preflight procedures;
    (vi) Airport, seaplane base, and gliderport operations, as
applicable;
    (vii) Takeoffs (or launches), landings, and go-arounds;
    (viii) Fundamentals of flight;
    (ix) Performance maneuvers, and for gliders, performance speeds;
    (x) Ground reference maneuvers (except for gliders and lighter-
than-air);
    (xi) Soaring techniques;
    (xii) Slow flight (not applicable to lighter-than-air and powered
parachutes)
    (xiii) Stalls (not applicable to lighter-than-air, powered
parachutes, and gyroplanes);
    (xiv) Spins (applicable to airplanes and gliders);
    (xv) Emergency operations;
    (xvi) Tumble entry and avoidance techniques (applicable to weight-
shift-control aircraft); and
    (xvii) Post-flight procedures.
* * * * *
    24. Amend Sec.  61.191 by adding paragraph (c) to read as follows:

Sec.  61.191  Additional flight instructor ratings.

* * * * *
    (c) A person who applies for an additional sport pilot rating on a
flight instructor certificate is not required to pass the knowledge
test on the areas listed in Sec.  61.185 (a)(2)(ii).
    25. Revise Sec.  61.193 to read as follows:

61.193  Flight instructor privileges.

    (a) A person who holds a flight instructor certificate with other
than a sport pilot rating is authorized, within the limits of that
person's flight instructor certificate and ratings, to provide training
and endorsements that are required for and relate to--
    (1) A student pilot certificate;
    (2) A pilot certificate;
    (3) A flight instructor certificate;
    (4) A ground instructor certificate;
    (5) An aircraft rating;
    (6) A flight review, an operating privilege, or recency-of-
experience requirement of this part;
    (7) A practical test; and
    (8) A knowledge test.
    (b) A person who holds a flight instructor certificate with a sport
pilot rating is authorized, within the limits of that person's flight
instructor certificate and rating, to provide training and endorsements
that are required for, and relate to--
    (1) A student pilot certificate seeking a sport pilot certificate;
    (2) A sport pilot certificate;
    (3) A flight instructor certificate with a sport pilot rating;
    (4) An aircraft rating for a sport pilot;
    (5) A flight review;
    (6) An operating privilege or recency-of-experience requirement of
this part for a person exercising the privileges of a sport pilot;
    (7) A practical test for a sport pilot certificate, a private pilot
certificate with a powered parachute or weight-shift-control aircraft
rating, or a flight instructor certificate with a sport pilot rating;
and
    (8) A knowledge test for a sport pilot certificate, a private pilot
certificate with a powered parachute or weight-shift-control aircraft
rating, or a flight instructor certificate with a sport pilot rating.
    26. Amend Sec.  61.195 by adding paragraphs (d)(7) and (k) to read
as follows: