pilot with a greater operational privilege than a recreational pilot,
which is a higher grade of pilot certificate than the sport pilot
certificate. In other words, doing so would permit a sport pilot to be
afforded a privilege that is reserved for a private pilot certificate
holder without requiring the sport pilot to receive the additional
training and experience that a private pilot applicant must receive and
without requiring the sport pilot to be tested to same standards as a
private pilot applicant.
    The FAA expects that, without a maximum seating capacity set forth
in the proposed regulation, the other proposed aircraft limitations in
Sec.  61.316 would indirectly prevent aircraft that sport pilots may
fly from having more than four seats. The FAA recognizes; however, that
it might be possible that some airplanes to have more than four seats
and still meet the proposed aircraft limitations. As a general matter,
airplanes with more than four seats become larger and more complex and
require increasing pilot skills to operate safely. The FAA finds that
permitting sport pilots to operate an airplane with more than four
seats would introduce an unacceptable increase in risk to operations in
the national airspace system (NAS). An airplane with 5, 6, or 7 seats
would have a longer fuselage, a significant increase in weight, and
need for a more powerful powerplant compared to a two- or four-seat
airplane. As a result, the control pressures to operate the airplane
would be greater and increase workload on the pilot. Additionally, the
larger powerplants would create significantly more torque and affect
directional control of the airplane. For example, increased torque
would impose increased demand on the pilot to maintain directional
control during the takeoff and climb. Upon evaluating the
characteristics of larger airplanes that have more than four seats, the
FAA finds that those larger airplanes have significantly different
handling characteristics than an airplane with just two- or four-seats.
Those different handling characteristics require more demanding
operational skills than those skills required to operate a two- or
four-seat airplane. The FAA finds that the skills required to safely
operate an airplane that has more than four seats require a higher
grade of pilot certificate that includes additional experience,
training, and testing that is greater than what a sport pilot is
required to accomplish. For these reasons, the FAA is proposing a four-
seat limitation for the airplanes that a sport pilot seeks to operate.
Accordingly, the FAA is proposing a limitation in Sec.  61.316(c) that
would permit sport pilots to operate

airplanes with a maximum seating capacity of four persons. However, the
FAA proposes to retain the current operational limitation for sport
pilots to carry no more than one passenger in any aircraft that a sport
pilot can operate. The FAA finds that this limitation is consistent
with sport pilot operations today and with the use of the FAA's safety
continuum, which the FAA uses to assess risk.
2. Directional Control and Controlled Descent of Powered Aircraft
    Currently, the light-sport aircraft definition does not expressly
require an aircraft to have the capability to maintain directional
control and a controlled descent in the event of a powerplant failure.
The omission of this requirement in the regulations does not present a
safety concern at this time because this control requirement is
inherent in airplane manufacture and design and the light-sport
aircraft definition excludes helicopters and powered-lift. For example,
airplanes have the ability to maintain directional control and a
controlled descent in the event of a partial or total powerplant
failure. Given the aerodynamics, a pilot can normally glide the
airplane to a safe landing if the powerplant stops functioning.
    As discussed in section IV.E.8 of this preamble, the FAA is
proposing to permit sport pilots to operate certain kinds of
helicopters. However, the ability to maintain directional control and a
controlled descent in the event of a powerplant failure is not inherent
in all new helicopter designs (specifically multicopters). Some new
helicopters may not possess the ability to autorotate to a safe landing
in the event of a powerplant failure.
    To fit the construct of the FAA safety continuum, as well as the
expectation for the use of new aircraft that can be safely operated by
sport pilots, the FAA has determined that any aircraft (except balloons
and airships) that a sport pilot operates must have the capability to
establish a controlled descent and directional control in the event of
a partial or complete power plant failure. Therefore, the FAA proposes
in Sec.  61.316(h) that a person with a sport pilot certificate may
only act as PIC for those powered aircraft (which could include
multicopters) whereby the loss of partial power would not adversely
affect the directional control of the aircraft. Specifically, Sec.
61.316 describes the sport pilot aircraft performance limitations and
would require in proposed paragraph (h) that powered aircraft must
provide the pilot an ability to maintain directional control and
controlled descent in the event of a powerplant failure. As proposed,
if the aircraft does not possess these capabilities (excluding balloons
and airships), a sport pilot would not be able to act as PIC of the
aircraft. This requirement would ensure that any aircraft a sport pilot
operates is simple to control in the event of a powerplant failure,
consistent with the aircraft that sport pilots are currently permitted
to operate. Therefore, while the FAA proposes to expand the types of
aircraft that sport pilots may operate, the FAA intends to permit sport
pilots to operate only those aircraft that would require skills
commensurate with the skills of a sport pilot today.
    Notably, despite the implicit inclusion of this feature for
airplanes, the FAA is not proposing to limit this requirement to
helicopters. The FAA reasons that manufacturers may contemplate future
airplane or other aircraft designs that do not include an inherent
aerodynamic ability for the pilot to maintain directional control and a
controlled descent in the event of a powerplant failure. The FAA
proposes to impose this requirement for all powered aircraft that a
sport pilot may seek to operate as PIC so advancements in airplane
technology would include this feature. This requirement would
appropriately mitigate the risk to persons both on board the aircraft
and on the ground that may be impacted by a powerplant failure
emergency.
3. Sport Pilot Operational Privileges
    Section 61.315 currently specifies the privileges and limitations
of a sport pilot certificate. Currently, under Sec.  61.315(c)(5),
sport pilots are prohibited from conducting night operations. Also, the
Sec.  1.1 light-sport aircraft definition currently prohibits sport
pilots from operating aircraft equipped with retractable landing gear
(except for amphibious aircraft and gliders) and aircraft with a
controllable pitch propeller. However, the FAA contends that, with the
completion of additional training and obtaining a flight instructor
qualifying endorsement, sport pilots can safely conduct these types of
flight operations. Therefore, the FAA is proposing to add an exception
to Sec.  61.315(c)(5) that would permit a sport pilot to conduct night
operations if the sport pilot meets certain training, endorsement, and
experience requirements, which the FAA is proposing in new Sec.
61.329. These provisions are discussed in greater detail in the next
section. Likewise, the FAA is proposing to add a new provision, in
Sec.  61.315(c)(20), that would prohibit sport pilots from acting as
PIC of an airplane with a retractable landing gear or a controllable
pitch propeller unless a sport pilot meets the training and endorsement
requirements proposed in Sec.  61.331.
    Specifically, the FAA currently uses additional training and
instructor endorsements to enable certain flight operations, including
the operation of complex, high altitude, and tailwheel airplanes.\54\
These instructor endorsements are used today and are a proven method to
validate pilot proficiency and qualifications. The following sections
discuss these proposals in greater detail.
---------------------------------------------------------------------------

    \54\ See Sec.  61.31(e), (f), (g), and (i).
---------------------------------------------------------------------------

4. Night Operations
    As previously discussed, sport pilots are currently prohibited from
conducting night operations. Section 1.1 defines ``night'' as the time
between the end of evening civil twilight and the beginning of morning
civil twilight, as published in the Air Almanac, converted to local
time. In support of the proposal to permit sport pilots to conduct
night operations, the FAA acknowledges that many states in the U.S.
have reduced daylight hours during the winter months. During those days
with reduced daylight, sport pilots may be under pressure to complete a
flight even after sunset due to weather or delays from unexpected
events. A sport pilot who conducts an operation at night, as defined in
Sec.  1.1, is in non-compliance with the current prohibition in Sec.
61.315(c)(5). The FAA emphasizes that non-compliance with the FAA's
regulations is unacceptable and subject to compliance or enforcement
action. The FAA recognizes, however, that the reduced daylight hours in
many northern states may result in sport pilots experiencing pressure
to conduct flights before night. Due to unforeseen circumstances, these
flights may become marginally non-compliant as they near the end of
evening civil twilight. Because a sport pilot is not currently required
to receive training for operating at night, any sport pilot operations
that occur after the end of evening civil twilight create a safety
risk. To mitigate that risk, the FAA proposes to permit sport pilots to
qualify to operate at night by meeting certain training and experience
requirements and by obtaining an endorsement from an authorized
instructor. The FAA finds that, with this added training, the window of
time during which sport pilots may conduct operations would be expanded
thereby promoting better aeronautical decision-making by reducing the
pressure on sport pilots to

conduct flights within a certain period of time.
    Specifically, to validate that sport pilots possess the necessary
skill to safely navigate at night, the FAA proposes the following risk-
mitigation training requirements in new Sec.  61.329. Under proposed
Sec.  61.329(a) a sport pilot must receive at least three hours of
flight training at night from an authorized instructor and receive a
logbook endorsement certifying that they are proficient in the
operation of the aircraft at night. In addition, proposed Sec.
61.329(b) requires that the sport pilot conduct at least one cross-
country night flight, with a landing at an airport of at least 25
nautical miles from the departure airport, except for powered
parachutes. Proposed Sec.  61.329(c) would require the sport pilot to
accomplish at least ten takeoffs and landings at night with an
authorized instructor. Proposed Sec.  61.329(d) would also set forth
certain medical requirements: the PIC must either hold a medical
certificate issued under part 67, subpart D, Third-Class Airman Medical
Certificate, or meet the requirements of Sec.  61.23(c)(3) as long as
the person holds a valid U.S. driver's license. Additionally, the
operation would be required to be conducted consistent with Sec.
61.113(i). If there is any conflict between Sec.  61.113(i) and
proposed Sec.  61.315(d)(4), then proposed Sec.  61.315(d)(4) would
take precedence.
    A sport pilot may receive the night training and endorsement
specified in Sec.  61.329 from a person who holds either a flight
instructor certificate issued under subpart H of part 61 or a flight
instructor certificate with a sport pilot rating. However, before a
flight instructor with a sport pilot rating may provide the night
training and endorsement to a sport pilot seeking night privileges, the
flight instructor must first receive the training and endorsement
themselves. The FAA is, therefore, proposing to amend Sec.  61.415,
which prescribes the limits of a flight instructor certificate with a
sport pilot rating, by adding new paragraph (n) to state that a flight
instructor with a sport pilot rating may not provide training in an
aircraft at night unless they have completed the night training and
endorsement requirements specified in proposed Sec.  61.329. The FAA
notes that, upon publication of the final rule, there would be no sport
pilot instructors who satisfy the new night training and endorsement
requirements of Sec.  61.329. Thus, as an initial matter, sport pilot
instructors would receive the night training and endorsement from a
subpart H flight instructor.
    The FAA notes that the requirements in proposed Sec.  61.329
largely mirror those required of private pilots who conduct operations
at night as set forth by Sec.  61.109, as well as current sport pilot
experience requirements under Sec.  61.313. The FAA recognizes that
these training requirements are appropriate for private pilots to
obtain the knowledge and skills necessary to conduct night operations
safely and reasons that a sport pilot should conduct the same night
training requirements before acting as PIC at night. After this
training has been completed, the sport pilot would receive the
endorsement from the authorized instructor, at which point they would
be able to conduct night operations.
    Currently, Sec.  61.315(c)(5) explicitly restricts a sport pilot
from acting as PIC at night. Therefore, as previously stated, the FAA
proposes to amend Sec.  61.315(c)(5) by adding an exception for sport
pilots who seek privileges to operate an aircraft at night. Amended
Sec.  61.315(c)(5) would restrict night operations, except as provided
in proposed Sec.  61.329, which would contain the night operation
training, experience and endorsement requirements. The FAA notes that a
sport pilot seeking to act as PIC of an aircraft carrying a passenger
at night would be required to satisfy the recent flight experience
requirements in current Sec.  61.57(b).\55\
---------------------------------------------------------------------------

    \55\ Section 61.57(b)(1) states that, except as provided in
Sec.  61.57(e), no person may act as PIC of an aircraft carrying
passengers during the period beginning 1 hour after sunset and
ending 1 hour before sunrise, unless within the preceding 90 days
that person has made at least three takeoffs and three landings to a
full stop during the period beginning 1 hour after sunset and ending
1 hour before sunrise, and (i) that person acted as sole manipulator
of the flight controls, and (ii) the required takeoffs and landings
were performed in an aircraft of the same category, class, and type
(if a type rating is required).
---------------------------------------------------------------------------

5. Airplanes With a Controllable Pitch Propeller or Aircraft With a
Retractable Landing Gear
    The FAA proposes to allow sport pilots to operate an airplane with
a controllable pitch propeller or an aircraft equipped with retractable
landing gear. The FAA contends that, similar to obtaining the
privileges to conduct night operations, additional training and flight
instructor endorsements would adequately qualify sport pilots to
operate these aircraft safely. Assumptions made in the 2004 final rule
suggesting that allowing a retractable landing gear would add
unnecessary complexity and would not provide a safety benefit
conflicted with other allowable privileges.\56\ Subsequent amendments
were made to the light-sport aircraft definition to permit retractable
landing gear for amphibious light-sport airplanes and gliders.\57\ The
FAA contends that additional training and endorsements would allow
sport pilots to operate airplanes with a controllable pitch propeller
or aircraft with retractable landing gear even when not intended for
water operations.
---------------------------------------------------------------------------

    \56\ See e.g., 69 FR 44800 (``The FAA reiterates its original
position that for aircraft other than gliders, retractable landing
gear is inconsistent with the simplicity of the light-sport
aircraft, and the training requirements for the sport pilot.'').
    \57\ 72 FR 19661.
---------------------------------------------------------------------------

    Currently, there is a population of sport pilot certificate holders
who have never been permitted to operate an airplane with a
controllable pitch propeller or an aircraft with retractable landing
gear. The FAA finds that permitting these sport pilots to operate
aircraft with these new capabilities without first receiving training
would introduce an unacceptable safety risk to the NAS. To mitigate
this risk, the FAA proposes to require the sport pilot to receive
training and an endorsement from an authorized instructor validating
proficiency. The FAA finds that requiring training in the operation of
an airplane with a controllable pitch propeller or an aircraft with
retractable landing gear would allow the sport pilot to become
proficient with the use of these specific designs and capabilities
before acting as PIC in the aircraft. Additionally, requiring the sport
pilot to receive an endorsement from an authorized instructor
certifying that the sport pilot is proficient in the operation of the
aircraft that contains either a controllable pitch propeller or
retractable landing gear would provide assurance that the pilot has
acquired the skills necessary to operate those aircraft safely.
    To enable sport pilots to operate airplanes with a controllable
pitch propeller or aircraft with a retractable landing gear safely, the
FAA finds it necessary to propose several new provisions. First, the
FAA is proposing to amend current Sec.  61.315, which contains the
operational limitations of a sport pilot certificate, by adding new
paragraph (c)(20). Proposed Sec.  61.315(c)(20) would prohibit a sport
pilot from operating an airplane with a controllable pitch propeller or
an aircraft with retractable landing gear unless the sport pilot meets
the requirements specified in proposed Sec.  61.331. The FAA proposes
to place the aforementioned training and endorsement requirements in
new Sec.  61.331. Additionally, because

controllable pitch propellers and retractable landing gear are design
characteristics of an aircraft and the FAA would permit sport pilots to
operate aircraft with those characteristics only if certain conditions
are met, the FAA finds it necessary to carry those characteristics over
to newly proposed Sec.  61.316. Specifically, the FAA proposes in Sec.
61.316(b) to permit a sport pilot to act as PIC of an aircraft that,
since its original certification, has retractable landing gear or a
controllable pitch propeller if the sport pilot meets the training and
endorsement requirements specified in proposed Sec.  61.331.
    With respect to the training and endorsement requirements in
proposed Sec.  61.331, the FAA recognizes that a controllable pitch
propeller and retractable landing gear are features of a complex
airplane. Section 61.1 defines complex airplane to mean an airplane
that has retractable landing gear, flaps, and a controllable pitch
propeller. Notably, however, airplanes may contain only one of these
three features (e.g., only a controllable pitch propeller or only
retractable landing gear). For the reasons explained above, the FAA
finds it necessary to require sport pilots to receive training and an
endorsement from an authorized instructor for the operation of an
airplane that has only one of these features. It is possible, however,
for a sport pilot to receive training and an endorsement from an
authorized instructor in a complex airplane pursuant to Sec.  61.31(e).
In this event, the FAA finds that the endorsement certifying that the
pilot is proficient in the operation of a complex airplane should also
count towards the endorsement that is proposed in Sec.  61.331 for an
airplane that has only a controllable pitch propeller or an aircraft
that has only retractable landing gear. Therefore, the FAA proposes
rule language in Sec.  61.331(a)(1) and (b)(1) to ensure that a sport
pilot who has received the endorsement required under Sec.  61.31(e)
would not be required to receive a duplicative endorsement under
proposed Sec.  61.331.
    The FAA notes that it is not proposing a minimum number of hours of
training, similar to the lack of mandated training hours required in
Sec.  61.31(e) for the operation of a complex airplane.\58\ Rather, the
authorized instructor is tasked with determining the appropriate amount
of training required, to culminate in the authorized instructor
attesting to proficiency with an endorsement. The FAA has permitted
training and instructor endorsements for all other grades of pilot
certificate for these same privileges, including student pilots, and
contends that this is also appropriate for sport pilots.
---------------------------------------------------------------------------

    \58\ Section 61.1 defines complex airplanes. Section 61.31(e)
specifies the training and endorsement requirements.
---------------------------------------------------------------------------

    Furthermore, consistent with the FAA's proposed amendment to
current Sec.  61.415 to address the night training and endorsement for
sport pilot instructors, the FAA finds it necessary to amend Sec.
61.415 by adding proposed (l), which would require a sport pilot
instructor to receive training and an endorsement in an airplane with a
controllable pitch propeller or an aircraft with retractable landing
gear, as appropriate, before providing flight training to a sport pilot
in an aircraft with one of those features.
6. Model-Specific Endorsement for Aircraft Certificated With a
Simplified Flight Controls Designation (Sec. Sec.  61.9, 61.31, 61.415,
and 61.429)
    As discussed in section IV.E.6 of this preamble, the FAA is
proposing to establish a simplified flight controls designation in
proposed Sec.  22.180. Aircraft with a simplified flight controls
design and designation would not have traditional flight controls
available to the pilot. Currently, the FAA does not have a regulatory
mechanism to require flight training and an instructor endorsement to
validate proficiency for pilots seeking to operate aircraft
certificated with a simplified flight controls designation.
    The FAA recognizes that simplified flight control designs will vary
from one aircraft to another (i.e., model to model). As such, piloting
would not involve the commonality of experience that exists in aircraft
with traditional flight controls.\59\ Therefore, it is important that a
pilot be qualified and validate competency for each simplified flight
control make and model \60\ of aircraft to validate competency in that
unique design.\61\ Furthermore, aircraft with simplified flight control
designations may be operated by pilots other than sport pilots,
resulting in the same safety concerns for pilots with higher grades of
pilot certificates. Therefore, any qualification requirements to
address the simplified flight control systems must apply broadly to
persons who hold pilot certificates issued under part 61. Thus, the FAA
proposes this qualification for simplified flight controls be attained
by a training and endorsement and, in some cases, a practical test.
---------------------------------------------------------------------------

    \59\ Unlike aircraft with simplified flight controls
designation, there is commonality with traditional flight control
systems. For example, airplanes have a control yoke, rudder pedals,
trim, and a throttle. Helicopters have a cyclic, collective,
throttle and anti-torque pedals.
    \60\ The FAA proposes to use the terms ``make and model'' in
Sec.  61.31(l) consistent with the manner in which they are used
throughout part 61. Therefore, as a general matter, ``make'' refers
to the manufacturer of the aircraft (e.g., Cessna, Piper, Cirrus,
etc.). ``Model'' refers to the specific aircraft model (e.g., C152,
C172, PA28-112, SR20, etc.).
    \61\ This is similar to the current requirement for student
pilots to receive a model-specific endorsement under Sec.  61.87(n)
before conducting PIC operations.
---------------------------------------------------------------------------

    This section describes the requirements for pilots to act as PIC of
an aircraft with a simplified flight controls designation. Section
IV.E.7 further describes scenarios pertaining to practical tests where
(1) a person seeks a pilot certificate in an aircraft with simplified
flight controls, (2) a person has a pilot certificate with a simplified
flight controls model-specific limitation and seeks to operate another
model of aircraft category and class with a simplified flight controls
designation, and (3) a person has a pilot certificate not limited to
simplified flight controls (i.e., the person can act as PIC of an
aircraft with traditional flight controls) but seeks to obtain
privileges to act as PIC of a make and model with a simplified flight
controls designation.
    Due to the differing characteristics, as previously discussed, the
FAA finds that additional training specific to the particular make and
model of aircraft with a simplified flight controls designation is
necessary to ensure a pilot is sufficiently proficient in the operation
of that aircraft. Therefore, the FAA proposes to amend Sec.  61.31 by
adding new paragraph (l) to contain the qualification requirements for
persons seeking to act as PIC of any aircraft with a simplified flight
control designation. Specifically, proposed Sec.  61.31(l)(1) would
require pilots seeking to act as PIC of aircraft certificated with a
simplified flight controls designation to obtain model-specific
training in that aircraft from an authorized instructor. Additionally,
proposed Sec.  61.31(l)(2) would require the pilot to receive a logbook
endorsement from an authorized instructor who has found the pilot
proficient in the safe operation of that model-specific aircraft and
the associated simplified flight control system. The FAA's proposal
would permit any certificated pilot, regardless of certificate level,
who holds the appropriate category and class to operate a simplified
flight control-designated aircraft only after receiving the model-
specific training and endorsement from an authorized flight instructor
specific to the safe operation of each simplified flight control
designated aircraft.

    The authorized instructor in proposed Sec.  61.31(l) may be a
subpart H instructor or a sport pilot instructor. Before an instructor
may provide flight training in an aircraft with a simplified flight
controls designation, the instructor would be required to first receive
the model-specific training and the accompanying endorsement to
validate that the instructor is proficient in the safe operation of the
aircraft. Because this would be a limitation in the sport pilot
instructor logbook until the sport pilot instructor meets certain
conditions, the FAA is proposing to amend current Sec.  61.415 by
adding new paragraph (m). Proposed Sec.  61.415(m) would expressly
limit the sport pilot instructor from providing training in an aircraft
with simplified flight controls design and designation unless the sport
pilot has received the model-specific training and endorsement required
under proposed Sec.  61.31(l). Additionally, the FAA is proposing an
amendment to current Sec.  61.429, which contains the requirements for
a subpart H instructor seeking to exercise the privileges of a flight
instructor certificate with a sport pilot rating. Specifically, the FAA
is proposing to add new paragraph (d) to current Sec.  61.429 to state
that a subpart H instructor seeking to exercise the privileges of their
flight instructor certificate in a model-specific aircraft that has a
simplified flight controls designation must meet the training and
endorsement requirements specified in proposed Sec.  61.31(l) before
providing any flight training in the aircraft.
    Initially, there would be no flight instructors who are qualified
to provide flight training in an aircraft that has a simplified flight
controls designation because the training and endorsement requirements
in proposed Sec.  61.31(l) are new. Thus, no one has yet received the
training or endorsement necessary to act as PIC. The FAA is proposing
to add new paragraph (m) to current Sec.  61.195 to address this issue.
The FAA intends for proposed Sec.  61.195(m) to provide the initial
cadre of flight instructors with an alternative to the training and
endorsement requirements in proposed Sec.  61.31(l) to enable industry
to build the initial cadre of flight instructors who could provide the
training and endorsement for aircraft with simplified flight control
designations.
    Specifically, proposed Sec.  61.195(m) would permit instructor
pilots that work with the manufacturer of aircraft with the simplified
flight controls designation to provide training and endorsements to the
initial cadre of authorized instructors and pilot examiners. This
proposed provision would allow for the initial operation of aircraft
with the simplified flight controls designation during and after the
aircraft certification process for these new aircraft. An instructor
pilot at the manufacturer for the aircraft would be one of the only
individuals with significant experience operating the model-specific
aircraft with simplified flight controls. Additionally, the instructor
pilots are generally tasked with developing and validating training for
the aircraft for the manufacturer. The FAA finds that the duties of an
instructor pilot establish intricate knowledge of the aircraft's
systems and components. The FAA has determined that it would be
beneficial to leverage the experience these instructor pilots have to
create the initial cadre of authorized instructors who may provide
training under proposed Sec.  61.31(l).
    To mitigate any safety risk that may result from allowing an
instructor pilot to provide training in a model-specific aircraft, the
FAA has decided to narrowly confine the training population to include
only subpart H instructors. Thus, the FAA is proposing the provisions
as a limitation to the flight instructor certificate pursuant to Sec.
61.195 and not to sport pilot instructors. Because an instructor pilot
would have significant experience in the model-specific aircraft and
the training population would be narrowly confined, the FAA finds that
proposed Sec.  61.195(m) would not adversely affect safety.
    In developing this proposal, the FAA recognized that any
aeronautical experience obtained in an aircraft with a simplified
flight controls designation would not be equal to the aeronautical
experience obtained piloting aircraft with traditional flight controls.
However, because aircraft with simplified flight controls designation
would fall within the same category and class of aircraft as aircraft
with traditional flight controls, pilots could seek to build flight
time for higher certificates and ratings in much more simplistic
aircraft. The FAA finds that aeronautical experience in aircraft with
simplified flight controls designations would diminish the aeronautical
experience in aircraft with traditional flight controls that is
necessary to reinforce piloting skills in traditionally equipped
aircraft. With that understanding, the FAA is proposing that any pilot
time acquired while operating an airplane or helicopter with a
simplified flight controls design and designation may not be used to
satisfy certain pilot-in-command flight time requirements for a higher-
grade certificate. Those pilot time experience limitations can be found
in newly proposed Sec.  61.9. For example, under proposed Sec.
61.9(b), a person seeking a commercial pilot certificate with a
rotorcraft category helicopter class rating may not use pilot time
acquired in a helicopter with simplified flight control designation to
meet the PIC flight time experience requirement in Sec.
61.129(c)(2)(i), which requires 35 hours of PIC flight time in a
helicopter. PIC experience in a helicopter with a simplified flight
controls does not provide the same skills and experience a commercial
pilot needs to conduct commercial operations in a helicopter with
traditional flight controls that include unique skills like the conduct
of an autorotation. Once a pilot obtains a helicopter class rating on
their commercial pilot certificate, that pilot has commercial pilot
privileges in many legacy helicopters as a general matter. It is
therefore important for an applicant seeking a helicopter class rating
on a commercial pilot certificate to continue to obtain the class-
specific PIC flight time in a helicopter that has traditional flight
controls.
7. Conducting Practical Tests in an Aircraft Certificated With a
Simplified Flight Controls Designation (Sec.  61.45)
    Section 61.43 provides the general procedures for conducting a
practical test. The completion of a practical test for a certificate or
rating consists of performing the tasks specified in the areas of
operation applicable to the airman certificate or rating sought. These
tasks and maneuvers are contained in the ACS or the PTS, as
appropriate. Current production aircraft, as well as those that obtain
a simplified flight control designation in the future, may not be able
to accomplish all the tasks required during the conduct of a practical
test. For example, these aircraft may be unable to perform an
aerodynamic stall or steep turns during a practical test, which are
typically tested as an area of operation in the practical test. To
account for these operational limitations, current Sec.  61.45(b)(2)
permits an applicant to use an aircraft with operating characteristics
that preclude the applicant from performing all of the tasks required
for the practical test; however, the applicant's pilot certificate is
issued with an appropriate limitation.
    The FAA recognizes that those aircraft having simplified flight
controls may not be able to perform all of the tasks required by the
ACS or PTS, as applicable. Applicants would be able to use the
provision of Sec.  61.45(b)(2) to complete the practical test in such
an aircraft; however, they would receive a limitation on their
certificate specific to

the make and model of aircraft with simplified flight controls that
they tested in. Because the current rule language in Sec.  61.45(b)(2)
already provides for the issuance of a limitation in this instance, the
FAA finds it unnecessary to propose an amendment to the provision. The
FAA would, however, develop guidance to explain that, in the event an
applicant uses an aircraft with simplified flight controls designation
that is not capable of performing all the required tasks for a
practical test, the aircraft limitation would be issued pursuant to
Sec.  61.45(b)(2). The limitation would likely be a model-specific
limitation to effectively identify the aircraft the test was
accomplished in and limit the pilot from operating another aircraft
that may be able to perform tasks and maneuvers that the pilot was not
trained or tested on.
    Further, because simplified flight control characteristics may vary
among aircraft due to rapid advances in aircraft automation and flight
control technology, the FAA believes that additional safeguards are
necessary for those practical tests taken in aircraft with simplified
flight controls. Specifically, the FAA proposes new paragraph (g),
which would set forth the requirements for an applicant taking a
practical test for an initial pilot certificate, rating, or privilege
in an aircraft with a simplified flight control designation. First, the
examiner would have to agree to conduct the test in proposed Sec.
61.45(g)(1). Additionally, the FAA proposes in Sec.  61.45(g)(2) that
the examiner also hold the appropriate category and class rating or
privilege, the appropriate simplified flight controls training and
model-specific endorsement, and an FAA authorization to conduct the
test. It is important that the examiner is familiar with the make and
model of the simplified flight control-designated aircraft before
issuing a practical test to conduct the test safely and is familiar
with the standards that an applicant must meet so as to demonstrate
competency. The FAA finds that examiners must become familiar with the
make and model through the training and endorsement requirements
themselves before conducting a practical test in the same aircraft.
Proposed Sec.  61.45(g)(3) would require the examiner to have the
ability to assume control of the aircraft at any time to enable the
safe conduct of the test, should the applicant perform poorly during
the test and possibly put the aircraft in an unsafe flight condition.
    Pilot applicants that successfully complete a practical test in one
of these aircraft would then be issued a pilot certificate with a
model-specific limitation \62\ per Sec.  61.45(b)(2) and proposed Sec.
61.45(g)(4). Pursuant to Sec.  61.45(g)(4), the model-specific
limitation would be issued subject to the requirements of proposed
Sec.  61.45(h), which would explicitly limit a pilot who receives a
category and class rating or privilege with a simplified flight
controls limitation to operation of only that make and model of
aircraft. Proposed Sec.  61.45(h) would also detail the requirements
under which a pilot could operate a different aircraft. First, if the
pilot seeks to operate another make and model of aircraft with a
simplified flight controls designation in the same category and class,
then the person would be required to only receive training and an
endorsement in accordance with proposed Sec.  61.31(l). The person
would not be required to take another practical test because the
similarities between classes of aircraft are such that a training and
endorsement would be sufficient to address operational differences with
the simplified flight controls designs. However, should the pilot seek
to operate a different category and class of aircraft with a simplified
flight controls designation, the person would be required to
successfully complete a practical test for that category and class of
aircraft under proposed Sec.  61.45(h)(2). This proposal is no
different to the current status quo whereby a person holds a
certificate with a category and class rating and seeks to operate an
aircraft in a different category and class rating. Additionally, should
a pilot who holds category and class ratings and is limited to acting
as PIC of aircraft with simplified flight controls (i.e., has taken a
practical test for those category and class ratings in only an aircraft
with simplified flight controls) seek to act as PIC of an aircraft
without a simplified flight controls designation, the person would also
be required to successfully complete a practical test for that category
and class of aircraft with traditional flight controls under proposed
Sec.  61.45(h)(2).\63\ A practical test would be required to address
the more significant operational differences between, first, different
categories and classes of aircraft and, second, aircraft with a
simplified flight controls designation and those with traditional
flight controls.
---------------------------------------------------------------------------

    \62\ Model-specific refers to the make and model of light-sport
category aircraft that the applicant uses to test to receive a sport
pilot certificate.
    \63\ Because sport pilots are limited already to acting as PIC
of rotorcraft-helicopters with simplified flight controls, a sport
pilot seeking to act as PIC of another make and model of rotorcraft-
helicopter with simplified flight controls would need only complete
the training and endorsement in proposed Sec.  61.31(l). By
contrast, a sport pilot who holds airplane-single engine ratings
limited to a make and model of airplane with simplified flight
controls would be required to take a practical test if seeking to
operate a single engine airplane with traditional flight controls.
Likewise, a private pilot who took the private pilot practical test
for single engine airplane ratings in a Sec.  21.190 airplane with a
simplified flight controls designation would be required to complete
another practical test in an aircraft with traditional flight
controls.
---------------------------------------------------------------------------

    For instructional purposes, the following table presents a sampling
of scenarios pertaining to when a pilot is authorized or is seeking to
operate an aircraft with simplified flight controls and the proposed
requirements.

                      Table 1--Airman Certification Simplified Flight Controls Requirements
----------------------------------------------------------------------------------------------------------------
                                                                Then you must complete--
           If you hold a--              And you are seeking--                              Regulatory reference
----------------------------------------------------------------------------------------------------------------
Sport Pilot Certificate with           To operate another       The training and         Proposed Sec.
 Rotorcraft-Helicopter Simplified       model of rotorcraft-     endorsement required     61.45(h)(1).
 Flight Controls Privilege with Model   helicopter with          by proposed Sec.
 Specific Limitation.                   simplified flight        61.31(l).
                                        controls.
Sport Pilot Certificate with           A private pilot          The requirements to      Part 61, subpart E,
 Rotorcraft-Helicopter Simplified       certificate with         receive a private        subject to proposed
 Flight Controls Privilege with Model   rotorcraft-helicopter    pilot certificate, to    Sec.   61.9.
 Specific Limitation.                   rating (regardless of    include a practical
                                        a simplified flight      test.
                                        controls designation).

Private Pilot Certificate with a       To operate another       The training and         Proposed Sec.
 Rotorcraft Category and Helicopter     model of rotorcraft-     endorsement required     61.45(h)(1).
 Class Rating, Simplified Flight        helicopter with          by proposed Sec.
 Controls Model Specific Limitation.    simplified flight        61.31(l).
                                        controls.
Private Pilot Certificate with a       To operate a Rotorcraft- A practical test.......  Proposed Sec.
 Rotorcraft Category and Helicopter     Helicopter without                                61.45(h)(2).
 Class Rating, Simplified Flight        Simplified Flight
 Controls Limitation.                   Controls.
Private Pilot Certificate with a       To operate an airplane   The requirements to add  Proposed Sec.
 Rotorcraft Category and Helicopter     with simplified flight   another category and     61.45(2) & part 61,
 Class Rating, Simplified Flight        controls.                class rating on a        subpart E.
 Controls Limitation.                                            private pilot
                                                                 certificate, to
                                                                 include a practical
                                                                 test.
Private Pilot Certificate with a       To operate a Rotorcraft  The training and         Proposed Sec.
 Rotorcraft Category and Helicopter     Helicopter with          endorsement required     61.31(l).
 Class Rating (no simplified flight     Simplified Flight        by proposed Sec.
 controls model limitation).            Controls.                61.31(l).
----------------------------------------------------------------------------------------------------------------

8. New Rotorcraft-Helicopter Privilege for Sport Pilots and Sport Pilot
Instructors
    Sport pilots and flight instructors with a sport pilot rating are
currently unable to obtain a rotorcraft-helicopter (also referred in to
in this preamble simply as helicopter) privilege because helicopters
are excluded from the definition of light-sport aircraft.\64\ The FAA
did not include helicopters within the light-sport aircraft definition
in 2004 because of helicopters' complexity in design, maintenance,
manufacture, and operation.\65\ At the time, the FAA did not anticipate
that manufacturers would design simple-to-operate, low-performance
helicopters that fit within the scope of the privileges afforded to the
holder of a sport pilot certificate.
---------------------------------------------------------------------------

    \64\ See Sec.  1.1, Light-sport aircraft.
    \65\ 69 FR 44869, 44793 (July 27, 2004).
---------------------------------------------------------------------------

    The FAA recognizes that manufacturers now have access to new
technology enabling simple-to-fly helicopter designs not envisioned in
2004. For example, manufacturers have developed multicopters \66\ with
flight controls that would satisfy the simplified flight controls
criteria during the aircraft certification process, as previously
discussed. Aircraft with simplified flight controls may lack a typical
helicopter cyclic or collective control and instead could use a
joystick or steering wheel and push button controls (subject to certain
requirements) \67\ or a touchscreen interface that greatly reduce the
piloting skills necessary to fly the aircraft. As discussed more fully
in the discussion of proposed Sec.  22.180, the aircraft certification
process would establish the criteria for the simplified flight controls
designation, which would include standards for the pilot interface, the
loss of control prevention, and the ability for the pilot to safely
discontinue flight.
---------------------------------------------------------------------------

    \66\ A multicopter is a rotorcraft that can have more than one
rotor providing lift. Although multicopters are helicopters by
definition, multicopters differ from the conventional helicopter
models originally considered during the 2004 rulemaking because the
takeoff and landing are intended to be automated and not require
extensive pilot training and skill.
    \67\ For example, as previously discussed, a joystick controller
that is used to select flight commands or move a cursor on a display
could qualify as a simplified flight control design.
---------------------------------------------------------------------------

    The FAA proposes to amend part 61, subpart J, to allow sport pilots
to operate certain simple-to-fly helicopters. Specifically, the FAA
proposes to permit sport pilots to operate new helicopters certificated
under the proposed Sec.  21.190 that include the simplified flight
control designation. First, the FAA is proposing a limitation in Sec.
61.316(a)(9) that would limit the kinds of helicopters that sport
pilots may operate to those helicopters that have been certificated
with a simplified flight controls design and designation. To facilitate
integration of new simplified flight control helicopter operations
under this subpart, the FAA also proposes amendments to Sec. Sec.
61.311 and 61.313, which are discussed below. The FAA's current
proposal aligns with the original intent of the 2004 final rule
promulgating the sport pilot certificate and light-sport aircraft
definition, which was to allow sport pilots to operate simple-to-fly
aircraft.
    To facilitate helicopter operations for sport pilots, the FAA
proposes in Sec.  61.311 to include ``helicopter'' in the list of
aircraft to which flight proficiency requirements apply and to add
helicopter-specific areas of operation and tasks that would apply to
sport pilot certificate applicants seeking a rotorcraft-helicopter
privilege. These areas of operation are key to attaining competency in
the operation of helicopters and are not otherwise covered by existing
areas of operation. Sport pilots seeking a helicopter simplified flight
controls privilege will still need to accomplish the other areas of
operation listed in current Sec.  61.311, as appropriate. Therefore,
the FAA would require that a sport pilot applicant log ground and
flight training from an authorized instructor on heliport operations in
proposed Sec.  61.311(c) and hovering maneuvers in proposed Sec.
61.311(d) in addition to the existing areas of operation and tasks
applicable to helicopters (e.g., takeoffs, landings, performance
maneuvers). While these proposed areas of operation and their
applicable tasks would be applicable specifically to helicopters,
conversely, the FAA recognizes that there are areas of operation that
are inherently inapplicable to helicopters: specifically, ground
reference maneuvers, slow flight, and stalls. Therefore, the FAA
proposes to except helicopters from these areas of operation in the
flight proficiency requirements of Sec.  61.311.\68\ As discussed in
the following section, because the practical test for a sport pilot
certificate for a rotorcraft-helicopter rating would include these
areas of operation, training should involve proficiency for the tasks
listed under the applicable areas of operation in the regulation, which
are reflected in the Sport Pilot Helicopter ACS (see section IV.E.9).
---------------------------------------------------------------------------

    \68\ The FAA notes that the paragraph designations of the areas
of operation in Sec.  61.311 would change based on the addition of
helicopter-specific areas of operation.
---------------------------------------------------------------------------

    Because of the unique operations and tasks associated with
helicopter

operations in the national airspace system, applicants must obtain
certain and specialized training and experience, as with any person
seeking a certificate, rating, or privilege. These unique operating
characteristics include the ability to hover over specific locations,
operate in confined spaces and land in unique locations such as sloped
terrain, buildings, or other man-made structures. As a result, the FAA
contends that helicopter operations impose an unacceptable risk to the
general public and other aircraft operating in the national airspace
system unless an applicant accomplishes these minimum helicopter flight
experience and training requirements.
    First, with the proposed addition of flight simulation training
device and aviation training device credit paragraphs in Sec.  61.313,
as discussed in section IV.E.11 of this preamble, the FAA proposes to
renumber Sec.  61.313. Specifically, current Sec.  61.313(a) through
(h) would become Sec.  61.313(a)(1) through (8). As subsequently
discussed, the FAA proposes to establish the aeronautical experience
requirements for the newly proposed rotorcraft-helicopter privileges,
which would be Sec.  61.313(a)(9). As proposed, an applicant for a
sport pilot certificate who seeks to obtain a helicopter rating would
be required to log at least 30 hours of helicopter flight time, 15
hours of flight training, and 5 hours of solo flight. The FAA proposes
these minimum experience requirements because the minimum recreational
pilot grade of pilot certificate seeking a helicopter rating requires
comparable minimum experience requirements.
    The FAA contends that the minimum experience requirements for a
recreational pilot to obtain a helicopter rating would also be
appropriate for a sport pilot certificate because the operational
limitations for sport pilots are virtually identical to those for
recreational pilots. For example, both sport pilots and recreational
pilots are limited to carrying only one passenger, operations below
10,000 feet MSL, a minimum of 3 miles of visibility, prohibition to
operate in class A/B/C/D airspace, and a prohibition for night
operations. One substantive difference is that recreational pilot
applicants are required to obtain 10 more total hours of experience.
Another difference is that recreational pilots have more restrictive
cross-country operational limitations. However, because helicopters
have unique operating capabilities and limitations and additional risks
to mitigate including those associated low altitude operations, the FAA
contends that the minimum training and experience requirements for
recreational pilots seeking an initial helicopter rating is also
appropriate for sport pilot applicants.
    Proposed Sec.  61.313(a)(9) would also require applicants to
complete at least:
     two hours of flight training enroute to an airport more
than 25 nautical miles from where the applicant normally trains;
     three takeoffs and landings at the airport located more
than 25 nautical miles from where the applicant normally trains;
     three hours of solo flying in the aircraft for the rating
sought on the applicable areas listed in Sec.  61.98; and
     three hours of flight training with an authorized
instructor on the areas specified in Sec.  61.311 in preparation for
the practical test within the preceding two calendar months from the
month of the test.
    For the reasons explained in the preceding paragraphs, the FAA
proposes these aeronautical experience requirements for sport pilots
seeking to add rotorcraft-helicopter privileges because of the unique
operational capability of helicopters and the experience requirements
listed for a recreational pilot with almost identical operating
privileges.
    In addition to proposing to allow sport pilots to hold privileges
for helicopters, the FAA is likewise proposing to allow sport pilot
instructors to obtain or add helicopter privileges to their instructor
privileges. Upon reviewing the current flight proficiency requirements
in Sec.  61.409 and the current aeronautical experience requirements in
Sec.  61.411, the FAA finds that a sport pilot instructor seeking a
helicopter privilege should meet similar flight proficiency and
experience requirements as a sport pilot instructor seeking an airplane
category single-engine class privilege. As explained in section
IV.E.10, a person seeking to add a helicopter privilege to a sport
pilot instructor certificate would be required to successfully complete
a knowledge and practical test, consistent with the FAA's proposal to
require a person seeking a sport pilot instructor certificate with an
airplane single-engine class privilege to complete a knowledge and
practical test.
    Under proposed Sec.  61.409, flight instructors would be required
to log ground and flight training on the areas of operation that apply
to other categories of aircraft, as appropriate, and on the newly
proposed areas of operation that are applicable only to helicopters.
Specifically, the FAA proposes to add areas of operation that would
require a person seeking a sport pilot instructor certificate with a
helicopter privilege to receive training on heliport operations and
hovering maneuvers. The FAA notes that these two additional areas of
operation are consistent with the areas of operation that the FAA
proposes to add to the areas of operation in the flight proficiency
requirements of Sec.  61.311 for a person seeking a sport pilot
certificate with a helicopter privilege. Finally, the FAA also proposes
to add a ``special operations'' area of operation for helicopters. The
base tasks under ``special operations'' are contained with the Sport
Pilot Helicopter ACS under the area of operation labeled ``takeoffs,
landings, and go-arounds''; therefore, there is no discrepancy between
the foundational flight proficiency expectations from a sport pilot to
a sport pilot flight instructor pertaining to these special operation
tasks. Rather, the FAA is simply aligning the formatting and
organization of the Sport Pilot Flight Instructor Helicopter ACS (as it
pertains to special operations) with that of the Flight Instructor
Helicopter ACS.
    While these proposed areas of operation and their applicable tasks
would be applicable specifically to helicopters, conversely, the FAA
recognizes that there are areas of operation that are inherently
inapplicable to helicopters: specifically, ground reference maneuvers,
slow flight, and stalls. Therefore, the FAA proposes to except
helicopters from these areas of operation in the flight proficiency
requirements of Sec.  61.409.\69\ As discussed in the following
section, because the practical test for a sport pilot certificate for a
rotorcraft-helicopter rating would include these areas of operation,
training should involve proficiency for the tasks listed under the
applicable areas of operation in the regulation, which are reflected in
the Sport Pilot Flight Instructor Helicopter ACS (see section IV.E.9).
---------------------------------------------------------------------------

    \69\ The FAA notes that the paragraph designations of the areas
of operation in Sec.  61.409 would change based on the addition of
helicopter-specific areas of operation. Additionally, during the
pendency of this rulemaking, the FAA noted a technical omission in
the area of operation ``soaring techniques.'' Specifically, soaring
techniques are only applicable to gliders, yet this specificity is
not present in the regulatory text. Therefore, the FAA proposes to
add applicability language indicating this area of operation is only
for gliders.
---------------------------------------------------------------------------

    In addition, the FAA proposes to add new aeronautical experience
requirements to current Sec.  61.411 for applicants seeking a sport
pilot instructor certificate with a helicopter privilege. The FAA has
determined that the aeronautical experience required for instructional
privileges in a helicopter

should mirror the aeronautical experience required for instructional
privileges in an airplane. Specifically, proposed Sec.  61.411(h)(1)
would require an applicant for a flight instructor certificate with a
sport pilot rating seeking a rotorcraft-helicopter privilege to
complete at least 150 hours of flight time as a pilot. Under proposed
Sec.  61.411(h), this flight time must include at least:
     100 hours of flight time as PIC in powered aircraft;
     50 hours of flight time in a rotorcraft-helicopter;
     25 hours of cross-country flight time;
     10 hours of cross-country flight time in a rotorcraft-
helicopter; and
     15 hours of flight time as PIC in a helicopter.
    The FAA reasons that helicopter experience requirements for a sport
pilot instructor should be consistent with the airplane experience
requirements for a sport pilot instructor for the following reasons.
Helicopters and airplanes are the predominant aircraft that operate in
the NAS. With the helicopter privilege being a new privilege to be
added to the sport pilot instructor certificate, the FAA finds it
reasonable to take a conservative approach and mirror the aeronautical
experience requirements that apply to a sport pilot instructor seeking
an airplane single-engine privilege. Those aeronautical experience
requirements in Sec.  61.411 that apply to a person seeking
instructional privileges in a single-engine airplane have been deemed a
reasonable level of minimum aeronautical experience since 2004. The FAA
does not find any reason to adopt lesser experience requirements for a
helicopter privilege at this time given that both airplanes and
helicopters have broad access to the NAS, extensive operational
capabilities, and are likely the greatest volume of privileges sought
by flight instructors.
    The FAA recognizes that, initially, there would be no sport pilot
instructors who are qualified to provide training for a sport pilot
helicopter privilege. To provide flight training to a sport pilot
seeking a helicopter privilege, the sport pilot instructor must first
obtain the helicopter privilege on their sport pilot certificate before
being eligible to obtain the necessary privileges on their sport pilot
instructor certificate. In addition, because sport pilots would be
limited to operating helicopters with simplified flight control
designations, a sport pilot instructor would also be required to obtain
the training and endorsement for aircraft with a simplified flight
controls designation required by proposed Sec.  61.31(l).
    To address the initial lack of qualified sport pilot instructors,
the FAA is proposing to rely on subpart H instructors who already hold
rotorcraft category helicopter class ratings on their flight instructor
certificates. As discussed in the previous section, the FAA is
proposing an amendment to Sec.  61.195(m) that would enable these
subpart H flight instructors to receive training and an endorsement at
a manufacturer for helicopters with simplified flight controls. Upon
obtaining the training and endorsement from an instructor pilot at the
manufacturer, the subpart H instructor would be qualified to provide
flight training to a sport pilot instructor or a sport pilot who seeks
to obtain a helicopter privilege and the Sec.  61.31(l) training and
endorsement. This initial reliance on subpart H flight instructors
would establish the initial groups of sport pilots and sport pilot
instructors with helicopter privileges.
    In summary, the FAA seeks to facilitate the operation of certain
simple to fly helicopter (i.e., those with simplified flight controls
design and designation) for sport pilots and sport pilot flight
instructors. The FAA's proposed amendments to Sec. Sec.  61.311,
61.313, 61.409, and 61.411 would validate that sport pilots seeking to
operate simplified flight control rotorcraft-helicopters and flight
instructors who instruct in these aircraft are sufficiently trained and
tested. As a result, the FAA's proposals balance the demand to enable
these helicopter operations while maintaining a rigorous level of
training and checking to enable safe operations in the NAS. Sport
pilots or flight instructors with a sport pilot rating will not be
permitted to operate helicopters without the simplified flight controls
design and designation.
9. Sport Pilot and Sport Pilot Flight Instructor for Rotorcraft-
Helicopter; Incorporation by Reference
    Currently, the required tasks, criteria, and standards for
successful completion of a practical test are outlined for sport pilots
in three published PTS.\70\ However, because helicopters cannot be
certificated under the current Sec.  21.190 and a rotorcraft-helicopter
privilege is not available to sport pilots because by definition a
helicopter cannot be a light-sport aircraft, a PTS does not currently
exist for sport pilots seeking a rotorcraft category, helicopter class
privilege.
---------------------------------------------------------------------------

    \70\ Sport Pilot and Sport Pilot Flight Instructor Rating
Practical Test Standards for Airplane Category, Rotorcraft Category,
and Glider Category; Sport Pilot and Sport Pilot Flight Instructor
Rating Practical Test Standards for Lighter-Than-Air Category; Sport
Pilot and Sport Pilot Flight Instructor Rating Practical Test
Standards for Powered Parachute Category and Weight-Shift-Control
Category.
---------------------------------------------------------------------------

    In collaboration with the aviation industry and the FAA's routine
review processes, the FAA previously identified the need for a new,
systematic approach to testing that would (1) provide clearer
standards, (2) consolidate redundant tasks, and (3) connect the
standards for knowledge, risk management, and skills to the knowledge
and practical tests. Therefore, the FAA began to establish the ACSs in
2011 to enhance the testing standard for the knowledge and practical
tests. The goal in creating the ACS was to drive a systematic approach
to the airman certification process, including knowledge test question
development and the conduct of the practical test. In cooperation with
the ACS Working Group, established through the Aviation Rulemaking
Advisory Committee (ARAC),\71\ the FAA integrated ``aeronautical
knowledge'' and ``risk management'' elements into the existing areas of
operations and tasks set forth in the PTS. Therefore, the ACS is a
comprehensive presentation integrating the standards for what an
applicant must know, consider, and do to demonstrate proficiency to
pass the tests required for issuance of the applicable airman
certificate or rating.
---------------------------------------------------------------------------

    \71\ The ARAC is a body established under the Federal Advisory
Committee Act. 5 U.S.C. app. 2. The ARAC ACS Working Group is
comprised of the FAA, advocacy groups, instructor groups, training
providers, academic institutions, and labor organizations.
---------------------------------------------------------------------------

    Because the FAA is actively converting all PTSs to ACSs in
collaboration with the ACS Working Group, the FAA does not find it
appropriate to draft a Sport Pilot PTS for Rotorcraft-Helicopter, as
the other Sport Pilot testing standards are situated. Rather, the FAA
has drafted two new ACSs for helicopters with simplified flight
controls: (1) Sport Pilot for Helicopter--Simplified Flight Controls
ACS, FAA-S-ACS-26 (Sport Pilot Helicopter ACS) and (2) Sport Flight
Instructor for Helicopter--Simplified Flight Controls ACS (Sport Flight
Instructor Helicopter ACS). Each ACS establishes the aeronautical
knowledge, risk management, and flight proficiency standards for sport
pilot practical tests and flight instructor proficiency checks for
light-sport category aircraft in the rotorcraft-helicopter class for
sport pilots and for sport pilots with a flight instructor rating. The
Sport Pilot Helicopter ACS contains the following areas of operation:
preflight preparation;

preflight procedures; airport and heliport operations; hovering
maneuvers; takeoffs, landings, and go-arounds; performance maneuvers;
navigation; emergency operations; and post-flight procedures.
Similarly, the Sport Flight Instructor for Helicopter contains the
following areas of operation: fundamentals of instructing; technical
subject areas; preflight preparation; preflight lesson on a maneuver to
be performed in flight; preflight procedures; airport and heliport
operations; hovering maneuvers; takeoffs, landings, and go-arounds;
fundamentals of flight; performance maneuvers; emergency operations;
special operations; and postflight procedures.
    Similar to the current practical test and PTS/ACS framework for
sport pilots, the FAA proposes to incorporate the two ACSs into the
regulations to delineate what an applicant must demonstrate on a
practical test to attain privileges for a sport pilot certificate with
a rotorcraft-helicopter privilege or flight instructor certificate with
sport pilot rating and rotorcraft-helicopter privilege. First, the FAA
proposes to revise Sec.  61.307, which sets forth the required tests an
applicant must take to obtain a sport pilot certificate. Specifically,
proposed new Sec.  61.307(b)(1) would precisely reflect the standards
that a person must successfully demonstrate on a practical test for a
sport pilot certificate with rotorcraft-helicopter privilege: those
knowledge, risk management, and skill elements for each area of
operation on the Sport Pilot Helicopter ACS. Proposed new Sec.
61.307(b)(2) provides the required incorporation by reference language,
including how the Sport Pilot Helicopter ACS is made readily available
to the public. Similarly, the FAA proposes to revise Sec.  61.405,
which sets forth the required tests an applicant must obtain to obtain
a flight instructor certificate with a sport pilot rating. Proposed new
Sec.  61.405(b)(3) would precisely reflect the standards that a person
must successfully demonstrate on a practical test for a flight
instructor certificate with a sport pilot certificate rotorcraft-
helicopter privilege (i.e., those knowledge, risk management, and skill
elements for each area of operation on the Sport Flight Instructor
Helicopter ACS). Proposed new Sec.  61.405(b)(4) provides the required
incorporation by reference language and how the Sport Flight Instructor
Helicopter ACS is made available to the public.
    Incorporation by reference is a mechanism that allows Federal
agencies to comply with the requirements of the Administrative
Procedure Act (APA) to publish rules in the Federal Register and the
CFR by referring to material published elsewhere.\72\ Material that is
incorporated by reference has the same legal status as if it were
published in full in the Federal Register. In accordance with 5 U.S.C.
552(a) and 1 CFR part 51,\73\ the FAA makes the Sport Pilot ACS for
Rotorcraft-Helicopter reasonably available to interested parties by
providing free online public access to view on the FAA Training and
Testing website at faa.gov/training_testing. The ACS is available for
download, free of charge, at the provided web address. The FAA will
continue to provide the ACS to interested parties in this manner. In
addition to the free online material on the FAA's website, printable
versions are available from the FAA. Additionally, all ACSs proposed to
be incorporated by reference are contained in the docket for this NPRM
for inspection.
---------------------------------------------------------------------------

    \72\ 5 U.S.C. 552(a), which states, ``except to the extent that
a person has actual or timely notice of the terms thereof, a person
may not in any manner be required to resort to, or be adversely
affected by, a matter required to be published in the Federal
Register and not so published. For the purpose of this paragraph,
matter reasonably available to the class of persons affected thereby
is deemed published in the Federal Register when incorporated by
reference therein with the approval of the Director of the Federal
Register.''
    \73\ 5 U.S.C. 552(a) requires that matter incorporated by
reference be ``reasonably available'' as a condition of its
eligibility. Further, 1 CFR 51.5(a)(2) requires that agencies
seeking to incorporate material by reference discuss in the preamble
of the proposed rule the ways that the material it proposes to
incorporate by reference is reasonably available to interested
parties and how interested parties can obtain the material.
---------------------------------------------------------------------------

    The FAA recognizes that on December 12, 2022, the FAA published the
Airman Certification Standards and Practical Test Standards for Airmen;
Incorporation by Reference (ACS IBR) NPRM.\74\ As it pertains to this
NPRM, the ACS IBR NPRM proposed to revise certain part 61 regulations
to incorporate the three aforementioned PTSs into the requirements for
sport pilots (see footnote 70). The FAA will reconcile this proposal
with the ACS IBR final rule as appropriate.
---------------------------------------------------------------------------

    \74\ 87 FR 75955.
---------------------------------------------------------------------------

10. Require Sport Pilots and Flight Instructors With a Sport Pilot
Rating Seeking To Add an Airplane or Helicopter Privilege To Accomplish
a Knowledge and Practical Test
    Currently, to obtain a sport pilot certificate or a flight
instructor certificate with a sport pilot rating, a person must pass a
practical test with an examiner in the category and class of aircraft
for the initial privileges for that certificate.\75\ Once a person
possesses a sport pilot certificate or flight instructor certificate
with a sport pilot rating and wishes to add privileges to their
certificate, the person must pass a proficiency check with an
authorized instructor rather than a practical test with an
examiner.\76\ This proficiency check requirement currently applies to a
person seeking to add an airplane single engine privilege to their
certificate. Specifically, under the current framework of Sec.  61.321,
a person seeking to obtain privileges to operate an additional category
or class of aircraft must (1) receive a logbook endorsement validating
they received training on certain aeronautical knowledge and flight
proficiency requirements; (2) complete a proficiency check; and (3)
receive an endorsement certifying they are proficient in the applicable
areas of operation and aeronautical knowledge areas; and (4) complete
an application. Similarly, under the current framework of Sec.  61.419,
a certificated flight instructor with a sport pilot rating seeking to
provide training in an additional category or class of aircraft must
meet the same qualifying conditions (i.e., training, endorsements, and
a proficiency check).
---------------------------------------------------------------------------

    \75\ 14 CFR 61.307, 61.405.
    \76\ 14 CFR 61.321, 61.419.
---------------------------------------------------------------------------

    Given the proposed expansion of certificated light-sport category
aircraft that a sport pilot may operate and the addition of rotorcraft-
helicopters as light-sport category aircraft, the FAA contends that a
proficiency check with an authorized instructor is no longer a
sufficient method of evaluation or validation when qualifying a sport
pilot or flight instructor with a sport pilot rating to operate or
provide training in an airplane or helicopter in the national airspace
system. Therefore, the FAA is proposing to amend Sec. Sec.  61.321 and
61.419 to require sport pilots and flight instructors with a sport
pilot rating seeking to add an airplane or helicopter privilege to
their existing sport pilot certificate or flight instructor
certificate, to accomplish a knowledge test and practical test under
Sec. Sec.  61.307 and 61.405, respectively.
    With the expansion of the aircraft models, weight, and speed that a
sport pilot may operate under proposed Sec.  61.316, performance and
design limitations and the proposed addition of a rotorcraft-helicopter
privilege, the FAA contends that a knowledge and practical test is
necessary to appropriately validate that a sport pilot can conduct
these airplane and helicopter operations safely. The rigor of an FAA
knowledge and practical test

using FAA-approved certification standards is significantly greater
than that of a proficiency check conducted by a flight instructor. FAA
examiners are trained and qualified annually to validate that the
conduct of a practical test meets specific standards and criteria
during the evaluation of an applicant. The FAA believes that the use of
the airmen certification standards qualifying a pilot for a
certificate, rating, or privilege will appropriately mitigate the risk
associated with the expansion of flight operations by sport pilots in
the NAS. In other words, the aircraft may now vary and perform in such
an extensive way such that a proficiency check can no longer adequately
validate that a pilot can proficiently operate a light-sport category
airplane single engine or rotorcraft-helicopter safely in the national
airspace system.
    Therefore, the proposed knowledge and practical test requirement
would validate competency by replacing the regulatory requirements in
Sec. Sec.  61.321 and 61.419 that currently permit the conduct of a
proficiency check to obtain a new airplane or helicopter privilege for
sport pilots and other pilots who hold a higher grade of certificate
who want to add that category and class privilege at the sport pilot
level.\77\ Specifically, proposed Sec.  61.321(e) would require a
person who seeks to add an airplane single-engine land or sea or
rotorcraft-helicopter land or sea privilege to their pilot certificate
to accomplish a knowledge and practical test for that category
privilege, as specified in Sec.  61.309. Similarly, proposed Sec.
61.419(e) would require a person who seeks to add an airplane single
engine land or sea or rotorcraft-helicopter land or sea privilege to
their sport pilot flight instructor certificate to accomplish a
knowledge and practical test for that category privilege, as specified
in Sec.  61.405. Because these regulations require compliance with
Sec. Sec.  61.307 and 61.419, the practical tests would be aligned to
the Sport Pilot Helicopter ACS as proposed in Sec. Sec.  61.307(b)(1)
and 61.405(b)(3), as applicable, for a rotorcraft-helicopter privilege.
As previously noted, the ACS IBR rulemaking would address the material
on practical tests for an airplane single engine privilege in the
light-sport category, and the FAA will reconcile the proposals as the
respective rulemakings progress. The FAA notes that it is retaining
Sec. Sec.  61.321(a) and (c) and 61.419(a) and (c); therefore, these
pilots must complete the required training and obtain an authorized
instructor recommendation before evaluation by an examiner authorized
by the FAA.
---------------------------------------------------------------------------

    \77\ The FAA notes that the provision would apply if a pilot
held a higher grade certificate as well. For example, if a pilot
held a commercial pilot certificate with rotorcraft category and
helicopter class ratings and sought to operate a light sprot
category airplane single engine land, the pilot would be required to
take the practical test under this proposal.
---------------------------------------------------------------------------

11. Aviation Training Device or Flight Simulation Training Device
Credit, Removal of Certain Light-Sport Aircraft References, and Other
Amendments
    The FAA proposes two additional amendments to support modernization
of the sport pilot regulations. Currently, the FAA does not permit the
use of FSTDs or ATDs to meet sport pilot experience requirements for a
certificate or rating. First, the FAA proposes to permit sport pilot
applicants to use a qualified FSTD or a FAA-approved ATD (basic or
advanced) to meet some of the experience requirements for a sport pilot
certificate through the proposed Sec.  61.313(b). Specifically, the FAA
would permit sport pilots to use up to 2.5 hours of training credit in
an FSTD and ATD representing the appropriate category and class of
aircraft to meet the experience requirements of part 61. The FAA notes
that the time in an FSTD or an ATD may be combined to meet the 2.5
hours of training, but the proposed regulation does not permit 2.5
hours in each device independently to count towards the experience
requirements.\78\
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    \78\ For example, a person may complete 1 hour of training in an
FSTD and 1.5 hours in an ATD to meet the 2.5 hours comprehensively.
However, a person may not count 2.5 hours in an FSTD and 2.5 hours
in an ATD.
---------------------------------------------------------------------------

    The FSTD and ATD credit allowance proposal is consistent with the
FAA's long-standing regulations throughout part 61 that allow
simulation credit under certain circumstances. Furthermore, for those
part 61 flight schools or those flight school operators who possess a
part 141 air agency certificate, this proposal provides training device
credit for pilots pursuing an initial pilot certificate or rating. In
support, the FAA reasons that permitting the use of FAA evaluated,
qualified, and approved FSTDs and ATDs allows students to conduct
procedural tasks of various maneuvers in advance of doing those same
tasks in an aircraft, thereby reducing the risk of making mistakes
during the flight portion of the training and when practicing emergency
procedures. Allowing pilot time credit in an FSTD and ATD reduces risk
for those students or pilots in training, who then will accomplish
those same tasks or maneuvers in an aircraft. Moreover, conducting
training in FSTDs and ATDs reduces cost, teaches safe operational
procedures in advance of flight operations, permits practicing
emergency procedures without undue risk, and ultimately reduces risk
during pilot training.
    Second, the FAA proposes conforming amendments to remove reference
to light-sport aircraft in Sec. Sec.  61.45, 61.313, and 61.325. The
removal of the reference to light-sport aircraft in subpart J is
consistent with the FAA's proposal to remove the definition for these
aircraft in Sec.  1.1. Where appropriate, the FAA proposes that the
reference to light-sport aircraft will be replaced with a reference to
newly proposed Sec.  61.316, which sets forth the performance
limitations for the aircraft a sport pilot may operate. As explained in
section IV.B.2 of this preamble, this change in terminology is
accompanied by broadening some of the limitations that currently exist
in the definition of light-sport aircraft in Sec.  1.1.
    Section 61.3 speaks to pilot certificates, ratings, and
authorizations that are required to operate aircraft in the United
States. Currently, the privileges provided in Sec.  61.313 are not
codified in Sec.  61.3. The FAA also proposes a conforming amendment to
Sec.  61.3 that adds a new paragraph requiring that a sport pilot
exercising the privileges listed in Sec.  61.313 receives a qualifying
logbook endorsement for the appropriate category and class privilege,
as applicable. This clarification to Sec.  61.3 is required because
sport pilots do not obtain a rating issued on a sport pilot
certificate, but instead they receive an endorsement in their logbook
facilitating the appropriate category and class ``privilege,'' as
referenced in Sec.  61.317.
    Finally, during this rulemaking, the FAA noted that Sec.  61.305 is
improperly formatted, as it sets forth a paragraph (a) but no
corresponding paragraph (b). Therefore, the FAA is proposing to
redesignate existing paragraph (a) as introductory text, existing
paragraph (a)(1) as new paragraph (a), and existing paragraph (a)(2) as
new paragraph (b). There are no substantive changes proposed for this
section; these are only formatting corrections.

F. Repairman (Light-Sport) Certificates

    Part 65 provides the requirements for certification of airmen other
than flight crewmembers, including certification of a repairman (light-
sport aircraft) in subpart E. In addition to meeting the general
eligibility requirements (e.g., age, language) set forth by Sec.
65.107(a)(1), an applicant for a repairman certificate (light-sport
aircraft) must complete

specified training requirements.\79\ These specific training
requirements are first dependent on whether an applicant seeks an
inspection rating or a maintenance rating (or a combination
thereof).\80\
---------------------------------------------------------------------------

    \79\ As discussed in the 2004 final rule, the FAA established
training requirements for a repairman (light-sport aircraft)
certificate because owners of these aircraft cannot show that the
owner manufactured the major portion of the aircraft, unlike a
builder of an experimental amateur-built aircraft, and therefore
cannot show that the owner would have the skill necessary to inspect
and maintain the light-sport aircraft. 69 FR 44848.
    \80\ A person must meet the eligibility requirements set forth
by Sec.  65.107(a)(1) for a repairman certificate (light sport
aircraft) before the person is eligible for an inspection rating or
maintenance rating pursuant to Sec.  65.107(a)(2)(i) and (3)(i).
---------------------------------------------------------------------------

    For an inspection rating, a person must complete a 16-hour training
course acceptable to the FAA on inspecting the particular class of
experimental light-sport aircraft for which the person intends to
exercise the privileges of this rating. For a maintenance rating,
instructional hours are dependent on the class of aircraft on which the
repairman intends to exercise the privileges of the certificate and
rating. The specific hours for each class of aircraft are the minimum
required to demonstrate a person is sufficiently knowledgeable about
the class of aircraft they perform work on. For example, a repairman
certificate (light-sport aircraft) with a maintenance rating and
airplane class privileges requires 120 hours of instruction in a
training course pursuant to Sec.  65.107(a)(3)(ii)(A), whereas a
maintenance rating with weight-shift control aircraft class privileges
requires 104 hours of instruction pursuant to Sec.
65.107(A)(3)(ii)(B).\81\
---------------------------------------------------------------------------

    \81\ Section 65.107(a)(3)(ii) also provides training course
instruction hour requirements for powered parachute class
privileges, lighter than air class privileges, and glider class
privileges.
---------------------------------------------------------------------------

    The holder of a repairman certificate (light-sport aircraft) with
an inspection rating is limited to performing the annual condition
inspection on an aircraft that is owned by the holder, that has been
issued an experimental certificate for operating light-sport aircraft
under Sec.  21.191 and that is in the same class of aircraft for which
the holder has completed training. The holder of a repairman
certificate (light-sport aircraft) with a maintenance rating is limited
to performing or inspecting maintenance on, and approving for return to
service, aircraft issued a special airworthiness certificate in the
light-sport category under Sec.  21.190, performing the annual
condition inspection on aircraft that have an experimental certificate
for operating light-sport aircraft under Sec.  21.191 and that is in
the same class of aircraft for which the holder has completed training.
    The repairman certificate identifies the rating (i.e., inspection
or maintenance) held and the appropriate privileges/limitations of each
rating by class, which are set forth by Sec.  65.107(b) through (d), as
applicable. For example, if the applicant meets the eligibility
requirements and has completed the applicable training for conducting
maintenance on the glider class of light-sport aircraft, the repairman
certificate would list ``Maintenance--glider'' in the privileges and
limitations section of the airman certificate. Therefore, that person
could only exercise the privileges and limitations set forth by Sec.
65.107(c) and (d) on the glider class of aircraft.
    Further, under Sec.  65.107(d), a certificated repairman (light-
sport aircraft) with a maintenance rating is not permitted to approve
for return to service an aircraft (or any part thereof) unless that
person has previously performed the work concerned satisfactorily. If
the person has not previously performed such work, then the person may
show the ability to do the work by performing it to the satisfaction of
the FAA or under direct supervision of certain persons.\82\ These
requirements (i.e., class specific privileges/limitations and
performance history) provide for a repairman who is sufficiently
experienced and knowledgeable on the aircraft and the specific work
being performed.
---------------------------------------------------------------------------

    \82\ These persons include an appropriately rated mechanic, or a
certificated repairman, who has previous experience in the
operations concerned, as provided in Sec.  65.107(d).
---------------------------------------------------------------------------

1. Revisions to Terminology (``Light-Sport Aircraft'' and ``Class'')
    The FAA is proposing several amendments to terminology to maintain
clarity with the subsequently discussed substantive proposals.
Currently, the term ``light-sport aircraft'' is defined in Sec.  1.1;
however, because the FAA is proposing to remove the definition of
``light-sport aircraft'' from Sec.  1.1, as discussed in section
IV.B.2, the FAA proposes to remove the term throughout subpart D of
part 65.
    First, the FAA proposes to change the certificate title from
``repairman certificate (light-sport aircraft)'' to ``repairman
certificate (light-sport).'' Because future aircraft certificated in
the light-sport category will not necessarily conform to the current
definition of light-sport aircraft, the FAA seeks to reduce confusion
as to the designation of current light-sport aircraft versus future
aircraft with a special airworthiness certificate in the light-sport
category. Specifically, these repairman certificates would simply be
issued as a repairman certificate (light-sport) after the
implementation of a final rule.
    The FAA notes that, should this proposal be adopted, repairman
certificates issued before an effective date specified in the final
rule would be valid without additional training or reissuance to
account for the broader scope of light-sport category aircraft
characteristics. Preserving the privileges of repairman certificates
issued before the effective date of the final rule, despite the
expansion of aircraft upon which the holder of the certificate may
perform work, would not result in a reduction in safety for several
reasons. The repairman certificate extends privileges only for the
category \83\ of aircraft that a person has received training and
testing on, regardless of time of issuance. Additionally, the
limitations found in current Sec.  65.107(d) are retained in this
proposal.\84\ Thus, a certificated light-sport repairman with a
maintenance rating is, and would continue to be, restricted from
approving for return to service any aircraft or part thereof unless the
repairman previously performed the work satisfactorily, shows the
ability to do the work by performing it to the satisfaction of the FAA
or performs the work under direct supervision of certain defined
persons. The FAA is not proposing changes to existing privileges or
limitations of either rating. The FAA finds the existing requirements,
as discussed, adequately address the expansion of aircraft that could
be inspected or maintained under the current repairman certificate.
---------------------------------------------------------------------------

    \83\ The term ``category'' in this instance is used in the
context of airman certification as defined in Sec.  1.1. As
subsequently discussed, the FAA is proposing to replace the term
``class'' as used in Sec.  65.107 with ``category.''
    \84\ As subsequently discussed, current Sec.  65.107(d) would
relocate to new Sec.  65.109(c) under this proposal.
---------------------------------------------------------------------------

    Second, the FAA proposes to remove the term ``light-sport
aircraft'' to indicate the category of aircraft a repairman is
certificated to work on and, instead, refer only to ``aircraft'' in
these instances. Rather, the regulations would directly cross-reference
the appropriate aircraft as provided in part 21 that a repairman
(light-sport) could inspect and maintain. For example, proposed Sec.
65.109(a) (which would be a new section as part of a reorganization, as
subsequently discussed) would provide the privileges of a repairman
certificate (light-sport) with an

inspection rating and would set forth the type of aircraft a holder may
perform the annual condition inspection on in proposed Sec.
65.109(a)(2).
    Third, the FAA proposes to replace references to ``class'' of
aircraft with ``category'' of aircraft in the proposed amendments to
Sec. Sec.  65.107 and 65.109.\85\ Section 1.1 sets forth definitions
for category and class. Both terms are defined, first, as used with
respect to the certification, ratings, privileges, and limitations of
airmen and, second, as used with respect to the certification of
aircraft. Under Sec.  65.107, the references to ``class'' are used in
the context of classes of aircraft certification, not airmen
certification. For example, Sec.  65.107(a)(3)(ii) sets forth the
training course hours of instruction required for airplanes, weight-
shift control aircraft, powered parachutes, lighter than air aircraft,
and gliders, which are labeled as classes. These aircraft are, in fact,
classes under the definition provided in Sec.  1.1 for class as used
with respect to aircraft certification.
---------------------------------------------------------------------------

    \85\ As subsequently discussed, the FAA proposes to bifurcate
Sec.  65.107 into two sections; therefore, proposed Sec.  65.109 is
a new section, but contains largely the same information as set
forth in current Sec.  65.107(b) through (d).
---------------------------------------------------------------------------

    The FAA has determined using the term ``category'' in the context
of airman certification as defined in Sec.  1.1,\86\ is more
appropriate because Sec.  65.107 specifically prescribes repairman
certification, ratings, privileges, and limitations (i.e., airman
certification \87\). Therefore, the FAA is proposing to replace the
term ``class'' in Sec.  65.107 with ``category'' as follows:
---------------------------------------------------------------------------

    \86\ Section 1.1 defines category, as used with respect to the
certification, ratings, privileges, and limitations of airmen, as a
broad classification of aircraft. Examples include: airplane;
rotorcraft; glider; and lighter-than-air.
    \87\ The FAA notes that part 65 designation of category and
class aligns with the aircraft category and classes as specified in
Sec.  61.5(b)(1).

------------------------------------------------------------------------
                                               . . . is replaced with
  The term ``class'' as used in current:       ``category'' as used in
                                                      proposed:
------------------------------------------------------------------------
Sec.   65.107(a)(2)(ii)...................  Sec.   65.107(c).
Sec.   65.107(a)(3)(ii)...................  Sec.   65.107(d).
Sec.   65.107(b)(3).......................  Sec.   65.109(a)(3).
Sec.   65.107(c)(3).......................  Sec.   65.109(b)(3).
------------------------------------------------------------------------

    Additionally, the existing regulations in Sec.  65.107(a)(2)(ii)
and (a)(3)(ii) include the term ``particular'' as a modifier to
``class.'' The FAA has received numerous inquiries seeking
clarification as to what is meant by ``particular'' in these instances.
Given the FAA's proposal to replace the term class with the term
category, the FAA finds the modifier of ``particular'' as superfluous,
as there is no distinction between a ``particular category'' and a
category. Accordingly, the FAA proposes to remove the term
``particular'' from this section.
    Finally, where existing Sec.  65.107(c)(1) \88\ uses the term
``approve and return to service'' in the context of repairman
certificate privileges, the FAA is proposing to revise to ``approve for
return to service.'' Because an aircraft is not in service until it is
flown or operated, the holder of a repairman or mechanic certificate
cannot ``return'' the aircraft to service under the privileges of that
certificate as flying an aircraft is not a privilege bestowed by any
regulation in part 65. The FAA acknowledged the problem with the
phrasing and its inconsistency with the language in the part 43
maintenance regulations in a legal interpretation,\89\ where the FAA
stated that the wording of the phrase could be improved by removing the
word ``and'' and replacing it with ``for.'' Accordingly, the FAA is
proposing to revise the language in Sec. Sec.  65.81(a), 65.85(a) and
(b), and 65.87(a) and (b), and proposed Sec.  65.109(b) (currently
housed in Sec.  65.107(c)(1); the relocation of this regulation is
subsequently explained) to more accurately capture the intended
privileges of the certificate. Additionally, the FAA proposes to revise
certain gender references within those regulations.
---------------------------------------------------------------------------

    \88\ As subsequently discussed, current Sec.  65.107(c) would
relocate to new Sec.  65.109(b) under this proposal.
    \89\ Legal Interpretation to Wayne A. Forshey (July 9, 2010).
---------------------------------------------------------------------------

2. Light-Sport Repairman Training Courses
    As previously discussed, a person must meet certain eligibility
requirements set forth by Sec.  65.107 to obtain a repairman (light-
sport aircraft) certificate. Specifically, Sec.  65.107 sets forth a
table establishing the general applicability requirements, as well as
the specific requirements to obtain an inspection rating and a
maintenance rating. After two decades of implementation and receiving
stakeholder feedback, the FAA recognizes that the section is difficult
to navigate. Therefore, the FAA proposes to reorganize the table into
paragraphs, which the FAA believes will improve readability and
understanding of the requirements.
    Specifically, proposed Sec.  65.107 would set forth only the
eligibility and training course requirements, while new proposed Sec.
65.109 would set forth the privileges and limitations. Within Sec.
65.107, proposed paragraph (a) would provide the ratings that may be
issued on a repairman certificate (light-sport); \90\ proposed
paragraph (b) would set forth the general requirements for a repairman
certificate (light-sport); proposed paragraph (c) would set forth the
training course requirement for an inspection rating; proposed
paragraph (d) would set forth the training course requirement for a
maintenance rating, and proposed paragraph (e) would set forth certain
parameters that training course providers are expected to meet. Within
new Sec.  65.109, proposed paragraph (a) would set forth the privileges
and limitations of an inspection rating, proposed paragraph (b) would
set forth the privileges and limitations of a maintenance rating, and
proposed paragraph (c) would set forth additional limitations for
repairman certificate (light-sport). Table 2 is provided for clarity.
---------------------------------------------------------------------------

    \90\ This paragraph is new to explicitly state the ratings that
the FAA may issue on a repairman (light-sport) certificate. Current
Sec.  65.107 only implies that the FAA may issue these ratings.

                                 Table 2
------------------------------------------------------------------------
                                      Contains the       Reorganized in
       Current regulation:         requirements for:       proposed:
------------------------------------------------------------------------
Sec.   65.107(a)(2) and (3).....  Ratings............   Sec.   65.107(a)
N/A.............................  General eligibility          \91\ Sec.
                                   requirements,               65.107(b)
                                   including a
                                   requirement for a
                                   test.
Sec.   65.107(a)(2).............  Inspection rating     Sec.   65.107(c)
                                   training
                                   requirements.
Sec.   65.107(a)(3).............  Maintenance rating    Sec.   65.107(d)
                                   training
                                   requirements.
new.............................  Training course       Sec.   65.107(e)
                                   providers.
Sec.   65.107(b)................  Inspection rating     Sec.   65.109(a)
                                   privileges and
                                   limitations.

Sec.   65.107(c)................  Maintenance rating    Sec.   65.109(b)
                                   privileges and
                                   limitations.
Sec.   65.107(d)................  Additional            Sec.   65.109(c)
                                   limitations for
                                   repairman (light-
                                   sport) certificate
                                   holders.
------------------------------------------------------------------------

3. Training Course Content for Maintenance Rating & Incorporation by
Reference (1 CFR Part 51)
---------------------------------------------------------------------------

    \91\ The FAA notes a minor change in the proposed regulatory
text pertaining to the eligibility requirement to read, speak,
write, and understand English for a repairman certificate (light-
sport). Currently, Sec.  65.107(a)(1)(ii) states that if a person is
prevented from reading, speaking, writing, or understanding English
due to a medical reason, the FAA may place a limitation on the
repairman certificate, as necessary, to ensure safe performance of
the actions authorized by the certificate and rating. However, in
practice, the FAA issues an exemption to the repairman applicant in
conjunction with the application (on FAA Form 8610-3) and temporary
airman certificate (FAA Form 8060-4). The temporary certificate (and
subsequent permanent certificate) would then list the conditions and
limitations from the requirement to read, speak, write, and/or
understand English (as applicable) as granted under the part 11
exemption. This practice is in alignment with the treatment of all
other persons certificated under part 65 who have an identified
obstacle to meeting the English requirements. Therefore, the FAA is
removing the limitation direction as superfluous in proposed Sec.
65.107(b)(2).
---------------------------------------------------------------------------

    As discussed, current Sec.  65.107 sets out the training
requirements for a repairman certificate (light-sport aircraft) for
maintenance and inspection ratings. Currently, the requirements set
forth training course instruction hours for these ratings (i.e., a 16-
hour training course under Sec.  65.107(a)(2) for an inspection rating
and/or varied hours of instruction under Sec.  65.107(a)(3) for a
maintenance rating, which as noted depend on the aircraft class for the
privileges sought). In the 2004 final rule, the FAA declined to align
the curriculum content for a repairman certificate (light-sport
aircraft) with a maintenance rating with the training and curriculum
subjects for maintenance in part 147 (aviation maintenance technician
schools), which were located in then-appendices B, C, and D, because
many of the technical subjects set forth at that time were not relevant
to light-sport aircraft.\92\ Therefore, the FAA implemented varied
training hour requirements dependent on the class of aircraft after
finding that differing training hours were required to address distinct
knowledge elements between classes.\93\ The FAA no longer believes this
is the best approach for maintenance training courses for repairman
(light-sport) and proposes the revisions described in this section,
which would require repairman to have the appropriate knowledge and
skills to maintain light-sport category aircraft and subsequently
demonstrate the requisite skill to determine whether the aircraft is in
a condition for safe operations. The FAA does not propose changes,
however, to the inspection training course requirements.
---------------------------------------------------------------------------

    \92\ 69 FR 44849.
    \93\ Id. Distinct knowledge elements between classes could
include part 39 and part 43 requirements; type-certificated engines,
floats, and composite structures; and two- and four-cycle engines
and electrical systems.
---------------------------------------------------------------------------

    Since the 2004 final rule, the FAA has published the Aviation
Mechanic General, Airframe, and Powerplant ACS (Mechanic ACS). The
Mechanic ACS is required as the training curriculum for aviation
maintenance technician schools certificated under part 147 \94\ and as
the testing standard (as of the implementation date of August 1, 2023)
for all mechanic certificates issued under part 65.\95\ An ACS is a
comprehensive presentation that integrates standards for what an
applicant must know, consider, and do to demonstrate proficiency to
pass the tests required for the issuance of a certificate or rating.
The Mechanic ACS includes high-level subjects (e.g., Fundamentals of
Electricity and Electronics, Flight Controls, Engine Inspection), which
are broken down into components that include knowledge, risk
management, and skill elements relevant to that subject.
---------------------------------------------------------------------------

    \94\ 14 CFR 147.17.
    \95\ 14 CFR 65.75(a) and 65.79(b).
---------------------------------------------------------------------------

    Notwithstanding that a repairman is limited in the scope of their
privileges to performing maintenance and inspection on light-sport
category aircraft, former light-sport category aircraft and light-sport
kit-built aircraft, as well as being limited to the aircraft category
on which they have received the requisite training, a repairman
nevertheless performs the same type of work as a mechanic. As such, it
is reasonable to expect a repairman to demonstrate similar knowledge
and skills as mechanics (limited in scope applicable to the aircraft
category they will work on). The FAA proposes that the Mechanic ACS
would most efficiently and effectively set forth the important
knowledge and skill elements that should be included in a training
course for a maintenance rating on a repairman certificate (light-
sport). In other words, using the Mechanic ACS as a standard for
repairman training, but limited in scope as appropriate to the category
of aircraft for which the repairman intends to exercise the privileges
of the certificate, provides a flexible and performance-based standard
for repairman training.
    For these reasons, the FAA is proposing to replace the currently
specified aircraft class and training hour requirements for a
maintenance rating with a performance-based standard for repairman
(light-sport) training that will support existing and future categories
of aircraft. As such, the FAA is proposing to require training courses
to, at a minimum, include the knowledge, risk management, and skill
elements for each subject contained in the Mechanic ACS, as appropriate
to the category of aircraft being taught. Additionally, the FAA is
removing the hours requirement for a maintenance rating training course
in each category of aircraft. Similar to the training curriculum for
part 147 certificated aviation maintenance technician schools, the
Mechanic ACS provides a comprehensive set of standards such that allows
a training course provider to offer a training timeline that is best
suited to that particular training course and that category of
aircraft, while requiring that the applicant receives training on all
important subject areas to maintain safety.\96\ Therefore, proposed
Sec.  65.107(d) requires a person seeking a maintenance rating to
complete a training course accepted by the Administrator that includes
the knowledge, risk management, and skill elements for each subject
contained in the Mechanic ACS appropriate to the category of aircraft
for which the person intends to exercise the privileges of the

rating (in addition to meeting the general eligibility requirements in
proposed Sec.  65.107(a), which are largely unchanged from the current
requirements of Sec.  65.107(a)(1)).\97\
---------------------------------------------------------------------------

    \96\ The FAA believes the hours of training maintenance rating
course providers are required to design their courses to under the
existing regulations would be similar to the hours training course
providers would include in new/revised courses meeting the proposal
because those courses should already be teaching students the
required information on how to maintain their class of aircraft.
However, the level of detail offered by each course provider could
add or remove hours from the course.
    \97\ The changes to Sec.  65.107(a) are described in section
V.F.2.
---------------------------------------------------------------------------

    In 2022, the Mechanic ACS was incorporated by reference \98\ into
part 65 as the testing standard for issuance of a mechanic certificate
under part 65, subpart D.\99\ As a result of the proposal to use the
Mechanic ACS as a standard under proposed Sec.  65.107(d), the FAA
proposes to amend Sec.  65.23(a)(2) to add Sec.  65.107 in the
referenced regulations for which the incorporation by reference of the
Mechanic ACS applies. In accordance with 5 U.S.C. 552(a) and 1 CFR part
51,\100\ the FAA makes the Mechanic ACS reasonably available to
interested parties by providing free online public access to view on
the FAA ACS website at: faa.gov/training_testing/testing/acs.
Additionally, the Mechanic ACS is available for download, free of
charge, at the provided web address.
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    \98\ Incorporation by reference is a mechanism that allows
Federal agencies to comply with the requirements of the
Administrative Procedure Act (APA) to publish rules in the Federal
Register and the Code of Federal Regulations by referring to
material published elsewhere. Material that is incorporated by
reference has the same legal status as if it were published in full
in the Federal Register. Because 5 U.S.C. 552(a) requires the
Director of the Federal Register to approve material to be
incorporated by reference, incorporation by reference is governed by
the Office of the Federal Register and as promulgated in its
regulations: 1 CFR part 51. Specifically, 1 CFR part 51 provides
certain requirements that a regulatory incorporation by reference
must contain.
    \99\ Aviation Maintenance Technician Schools, Interim Final
Rule, 87 FR 31391 (May 24, 2022).
    \100\ Section 552(a) of title 5, United States Code, requires
that matter incorporated by reference be ``reasonably available'' as
a condition of its eligibility. Further, 1 CFR 51.5(b)(2) requires
that agencies seeking to incorporate material by reference discuss
in the preamble of the final rule, the ways that the material it
incorporates by reference are reasonably available to interested
parties, and how interested parties can obtain the material.
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    The FAA notes that it is not proposing any revisions to the current
training course content for an inspection rating. Applicants for a
repairman certificate (light-sport) with an inspection rating must
complete a 16-hour training course acceptable to the FAA on inspecting
the particular class of aircraft for which the applicant intends to
exercise the privileges of the inspection rating pursuant to current
Sec.  65.107(a)(2)(ii), which is proposed Sec.  65.107(c) in the
reorganization. As discussed in the original implementation of the
inspection rating training course, the 16-hour course is designed to
train an individual owner with no background in aviation maintenance or
inspection to perform a satisfactory annual condition inspection on
their experimental light-sport aircraft and, based on that inspection,
make a determination if that aircraft is safe to fly. Given this
limited scope of privileges of the inspection rating (i.e., annual
condition inspections only) compared to the broad scope of privileges
of a maintenance rating (i.e., all inspections and maintenance), the
FAA is not proposing any changes to this requirement relative to
training course content.
    As a result of the proposed change to training course standards for
the maintenance rating, existing course providers would need to review
their existing training courses to determine if those courses include
the appropriate knowledge, risk management, and skill elements from the
Mechanic ACS. If revision is necessary, the course provider would have
to submit the revised course to the FAA for acceptance. To allow for a
transition period between the current and proposed training standards,
the FAA would delay the compliance requirement for having a training
course containing the knowledge, risk management, and skill elements of
the Mechanic ACS. The FAA will allow for a 6-month compliance
timeframe, as evidenced in proposed Sec.  65.107(d)(1). During that
time period, both an hours-based training course (developed under
current regulations) or an ACS-based training course (developed under
the proposed regulations) may be accepted by the FAA for issuance of
the maintenance rating on a repairman certificate (light-sport).
However, an applicant for a repairman certificate (light-sport) with a
maintenance rating who seeks privileges for one of the new categories
of aircraft (i.e., rotorcraft or powered-lift), would only be eligible
for the certificate if the training was an ACS-based training course,
since hours-based training courses developed under current regulations
do not address these aircraft categories.
    The FAA notes that the agency will continue its current practice of
accepting these training courses, providing an acceptance letter to the
course provider, and maintaining a web-based computer database record
on all accepted training providers available to both industry and FAA
personnel.\101\ However, the FAA currently issues course acceptance
with a 24-month expiration. Current practice mandates that the FAA will
notify a training course provider 60 days before the end of the
acceptance period, at which time the training provider must reapply for
continuing authority to provide the training. Because these training
courses will now be aligned with the ACS, the FAA does not see a need
to limit the course acceptance timeframe for light-sport repairman
inspection or maintenance rating training courses to reexamine a
training course provider's training course content. Therefore, a
training course that is found acceptable to the FAA will no longer
require a 24-month re-application process and will continue to be
acceptable, until such time as it is found to be not acceptable (see
section IV.F.5 for further discussion on acceptability).
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    \101\ FAA Order 8000.84B.
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4. Training Course Exams
    In 2004, the NTSB commented on the FAA's proposal pertaining to the
training required of repairman (light-sport aircraft) applicants and
suggested that the FAA implement a testing requirement.\102\ Currently,
training providers issue a written exam to students, successful
completion of which is measured at 80%. However, neither the
examination nor the 80% passing standard are codified within the
regulation. In alignment with the NTSB, the FAA continues to believe
that a test is an important step within the airman certification
process; specifically, the written exam serves as a benchmark to
determine if an applicant possesses the appropriate knowledge to obtain
the privileges of a repairman certificate. In other words, the FAA
finds that a written test establishes the requisite level of safety
required of a certificated repairman today. As such, the FAA is
proposing to add a requirement in proposed Sec.  65.107(b), which is
the new section for the general eligibility requirements, to require an
applicant for an inspection or maintenance rating to pass a written
exam administered by the training course provider that covers the
content of the training course. Rather than memorializing an 80% pass
rate as dictated by FAA policy, the minimum passing grade requirement
(70 percent) that applies to all part 65 tests in Sec.  65.17(b) would
apply to Sec.  65.107(b).
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    \102\ 69 FR 44848. As discussed in the 2004 final rule, the FAA
stated that a training course should contain a written test that the
applicant should pass with a minimum score of 80%.
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5. Basis for Training Course Acceptance
    Pursuant to Sec.  65.107(a)(2)(ii) and (a)(3)(iii), a training
course must be acceptable to the FAA. When the FAA implemented these
training courses, the 2004 final rule indicated that the FAA would look
at five areas in the determination of acceptability. These

areas included: passing grade, adherence to training guidance in FAA
advisory material, the provider's training course outline, and the
final written test. Additionally, the FAA referenced the appendices,
curriculum subjects, and level 3 training standard, as defined in part
147 at that time.\103\ The FAA developed guidance materials that direct
a prospective training course provider to submit specified information
such as information regarding the provider, the course outline, a
description of training aids used in the course, handbooks, sample
certificates of completion, course tests, a description of the
instructors qualifications, a schedule of where and when training will
be provided, and a description of the facilities if the course is
provided at a fixed location. However, these desired components are not
situated in the regulations.
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    \103\ 69 FR 44849.
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    The FAA believes it is crucial to set minimum standards for
training course providers to provide quality training for those persons
seeking a repairman certificate (light-sport) with associated ratings.
FAA Advisory Circular 65-32A provides guidance to stakeholders on the
acceptability of a training course, among other topics related to the
certification of repairman (light-sport aircraft). The FAA proposes to
codify provisions in AC 65-32A to add a requirement in new Sec.
65.107(e) that requires the training course provider to deliver the
course (1) using facilities, equipment, and materials appropriate to
the training course content being taught and (2) by instructors who are
appropriately qualified to teach the course content. The FAA interprets
``appropriate'' facilities, equipment, and materials to mean those
elements are sufficiently suited to instruct in the curriculum the
training course offered.\104\ Similarly, the FAA interprets
``appropriately qualified'' to mean an instructor is demonstrably
qualified to teach the course content. This demonstration may include
educational credentials, certifications, or practical experience that
aligns with the subject matter that the instructor teaches.
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    \104\ To illustrate, if the training course includes a skill
requirement that an applicant must perform on a specific piece of
equipment (as listed in the Mechanic ACS), the course provider must
have that piece of equipment (e.g., where the course requires a
student to be able to perform a skill requirement to service a
battery, the course provider must have an aircraft battery in a
condition that will allow a student to demonstrate the appropriate
servicing requirements to be considered to have equipment
appropriate to the training course content being sought).
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    For either an inspection or maintenance rating, the training course
which must be completed to obtain a repairman certificate (light-sport)
must be found acceptable to the FAA, including evaluation of these
elements. Because the FAA uses these training courses as the basis for
issuance of a repairman certificate, the FAA has determined each course
must be reviewed and accepted by the FAA to facilitate issuance of
repairman certificates by individual aviation safety inspectors. AC 65-
32A provides information on how to submit training course materials to
the FAA for acceptance. The FAA maintains a list of accepted courses
that it makes available to the public. FAA personnel who issue
repairman certificates use this this list to verify an applicant for a
repairman certificate (light-sport aircraft) has attended a training
course found acceptable to the FAA.
    Additionally, while one eligibility element for a repairman
certificate (light-sport) is that a person complete a training course,
the current regulatory text lacks the explicit steps between completing
the training and receiving the certificate. Therefore, the FAA proposes
two clarifying amendments. First, proposed Sec.  65.107(c) and (d),
which set forth the eligibility requirements, would require an
applicant to successfully complete a training program and demonstrate
completion of the training program. This demonstration is most
logically done through a certificate of completion issued by the
training provider.\105\ Therefore, the FAA proposes to require in Sec.
61.107(e) that training course providers issue each student a
certificate of completion after the student has completed the training
and passed the test. This documentation will ensure that an applicant
has the means to demonstrate to the FAA that they have met the
requirements for the certificate or rating. The training provider would
be required to issue a certificate of completion that includes, at
least, the name of the training provider, the FAA course acceptance
number, the rating applicable to the training course (i.e., inspection
rating or maintenance rating), the category of aircraft the training
was based on, and the date of completion of the training.
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    \105\ The FAA notes that the regulatory text would not limit
acceptable demonstration of completion to only a certificate of
completion. While the FAA prefers an applicant to present a
certificate of completion to demonstrate completion of the training
program, the FAA intends to permit flexibility by accepting other
documentary evidence without having to seek an exemption (e.g., in a
case where a person has lost their certificate).
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    On November 28, 2017, the FAA published Notice N8900.444, ``Meaning
of the Terms `Acceptable to' and `Accepted by' for Use by Aviation
Safety Inspectors,'' to explain how each of the terms are used, which
has since been incorporated into FAA Order 8900.1.\106\ Where the term
``accepted by the FAA'' is used, it means the item at issue must be
submitted to the FAA for review and acceptance before use. Where the
term ``acceptable to the FAA'' is used, it means the item is not
normally privy to the FAA's active review and acceptance before its
use, although the FAA will exercise its oversight responsibilities.
While the current regulation requires the training course to be
``acceptable to'' the FAA, the FAA finds that in practice these
training courses are instead ``accepted by'' the FAA through the
previously discussed process. As such, the FAA proposes to change the
term ``acceptable to'' to ``accepted by'' in proposed Sec.  65.107(c)
for inspection rating training courses and Sec.  65.107(d) for
maintenance rating training courses. The FAA notes that should a
training course change, it would no longer be considered to be accepted
by the FAA and, therefore, the training course provider would be
required to resubmit the training course for acceptance by the FAA.
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    \106\ FAA Order 8900.1, Volume 3, Chapter 1, Section 1.
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6. Repairman Certificate (Light-Sport) for Rotorcraft
    Under current regulations the FAA may issue a repairman certificate
(light-sport aircraft) with an inspection rating for aircraft in the
gyroplane class; however, the FAA does not currently issue a
maintenance rating applicable to gyroplanes. In the 2004 final rule,
gyroplanes were included in the light-sport aircraft definition to
permit a sport pilot to fly the small gyroplanes that were then
available on the market. At the time, the FAA did not intend to
certificate gyroplanes under Sec.  21.190.\107\ Because the primary
purpose of the maintenance rating is to perform maintenance on aircraft
certificated in accordance with Sec.  21.190, the FAA concluded it
would be unnecessary to issue a maintenance rating with gyroplane
privileges. As a result, there are no gyroplane training course
instruction hours requirements in Sec.  65.107(a)(3)(ii). In effect,
this means that, currently, it is not possible to attain a maintenance
rating with gyroplane class privileges on a repairman certificate
(light-sport aircraft). The FAA currently only issues the inspection
rating with a gyroplane privilege/limitation, specific to aircraft

owned by the applicant/holder of the repairman (light-sport aircraft)
certificate.
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    \107\ 69 FR 44799.
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    The proposals in this rulemaking to expand aircraft certificated
under Sec.  21.190 to rotorcraft and powered-lift would facilitate the
possibility to obtain a light-sport repairman certificate in the
rotorcraft category and powered-lift category, which are not currently
available pursuant to the existing definition of light-sport aircraft
in Sec.  1.1. Under this proposal, the new rotorcraft category
encompasses both gyroplanes and helicopters. Because the FAA proposes
to expand the aircraft certification parameters for a light-sport
category aircraft, the FAA recognizes that both the gyroplane and