rating.  It will also permit aeronautical experience obtained in a
two-seat ultralight trainer to be credited toward these certificates and
ratings.

The FAA received many other comments that suggested the FAA should allow
crediting of flight time towards other certificate levels and additional
privileges.  The FAA partially agrees with these commenters and is
changing the final rule to allow crediting of ultralight aeronautical
experience not only toward a sport pilot certificate, as proposed in the
NPRM, but also toward a flight instructor certificate with a sport pilot
rating, and a private pilot certificate with a weight-shift-control or
powered parachute category rating.  This will allow individuals who have
gained experience in ultralight vehicles while operating with an
FAA-recognized ultralight organization to receive credit for that
experience.

In the NPRM, the FAA allowed crediting of ultralight experience to meet
the requirement that, before providing flight training, a flight
instructor with a sport pilot rating must log at least 5 hours of flight
time in the make and model of light-sport aircraft in which flight
training is to be conducted.  The FAA is now establishing the provisions
to credit this experience to meet the requirements of §61.415 (e) in
§61.52 (b).

In addition, the FAA is also now allowing crediting of ultralight
experience to qualify for glider or unpowered ultralight towing under
§61.69.  The experience must be properly documented.  This section
permits the experience gained in an ultralight vehicle to be credited
only toward a certificate, rating, or privilege when that experience was
obtained in a category and class of vehicle corresponding to the rating
or privileges sought.  It does not allow crediting of time toward
private pilot privileges other than weight-shift-control and powered
parachute.

Many commenters suggested that the FAA allow sport pilots to conduct
towing operations.  The FAA believes that this privilege should be
limited to individuals with at least a private pilot certificate.  This
portion of the rule remains unchanged.

The FAA recognizes that towing of light-sport aircraft is done almost
exclusively by weight-shift-control and fixed-wing ultralights.  Larger
aircraft are not used because of the speed differential between the
towing aircraft and the aircraft being towed.  The FAA also recognizes
that limiting towing to pilots with a private pilot certificate or
higher may inhibit towing operations.  This rule provides partial relief
because of the ability of current weight-shift-control and powered
parachute pilots to credit their time in ultralight vehicles toward the
new categories of private pilot certificates.  Further, such pilots will
be able to credit their time towards that needed to qualify for towing
under §61.69 in accordance with §61.52.

The FAA has considered allowing the same sort of credit for fixed-wing
ultralight pilots to meet the requirements of a private pilot
certificate with aircraft category ratings.  However, this crediting was
viewed as a significant change to the aeronautical experience
requirements for this certificate.  The FAA considered such a change
outside the scope of the original proposal and significant enough to
justify full public notice and comment.  The FAA expects to address this
issue in a separate future rulemaking and may favorably consider
exemptions to this rule.  See also the more detailed discussion of
towing by persons with at least a private pilot certificate under
§61.69.

Under new §61.52, the FAA will allow experience obtained in ultralight
vehicles to meet the requirements of §61.69.  Much of this experience
has been gained under an exemption that has been managed successfully by
the USHGA for the last 20 years.  Crediting of this experience will
allow most ultralight pilots currently conducting towing operations in
weight-shift-control ultralights under that exemption to meet most of
the minimum requirements for a private pilot certificate with a
weight-shift-control aircraft category rating and the additional towing
experience requirements under §61.69.  Additionally, those who hold at
least a private pilot certificate will be eligible to credit their
ultralight towing experience in a weight-shift-control ultralight
vehicle towards the towing experience requirements of §61.69.  For more
information on crediting flight time obtained in ultralight vehicles,
refer to the discussion of §61.329.

Changes

	The proposed requirements in SFAR No. 89 sections 135, 153, 175, 177,
and 179 are moved to new §61.52 with the following change.

In paragraph (a)(3), language is added to establish that a person may
use aeronautical experience obtained in an ultralight vehicle to meet
the requirements for a private pilot certificate with a
weight-shift-control or powered parachute category rating.

Section 61.53  Prohibition on operations during medical deficiency
(proposed as SFAR No. 89 section 17)

The FAA received numerous comments on the topic of medical provisions.
For a complete discussion of the comments and the FAA’s responses, see
“V.5.A.ii. Medical Provisions.”

Changes

	The applicable medical provisions proposed in SFAR No. 89 section 17
are transferred to §61.53 (c) without substantive change.

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

The FAA is adding a new paragraph (k) to §61.63 to assist pilots
currently operating under §61.31 (k)(2)(iii) without a category and
class rating to comply with the new provisions of that paragraph.  The
revision to §61.31 (k)(2)(iii) and (k)(2)(vi) require a category and
class rating for the holder of a recreational pilot certificate or
higher when that pilot operates an aircraft with an experimental
certificate and carries a passenger.  To receive a category and class
rating to operate these aircraft, a person must log at least 5 hours of
flight time while acting as pilot in command in the same category,
class, make, and model of experimental aircraft and receive an
appropriate endorsement.  Other aeronautical knowledge, flight
proficiency, and aeronautical experience requirements for the issuance
of the rating do not apply.  This flight time must be logged between
September 1, 2004 and August 31, 2005.  Similar provisions are enacted
for persons holding airline transport pilot certificates in §61.165
(f).  A pilot who meets these requirements will be issued an appropriate
category and class rating limited to a specific make and model of
experimental aircraft.  See the discussion of §61.31.

Changes

	Existing paragraph (k) is redesignated as (l), and a new paragraph (k),
Category class ratings for the operation of aircraft with experimental
certificates, is added for certificated pilots holding a recreational
pilot certificate or higher who do not have a category and class rating
to operate a specific make and model of experimental aircraft.  They may
apply for a category and class rating limited to a specific make and
model of experimental aircraft.

Section 61.69  Glider and unpowered ultralight vehicle towing

One of the most common issues addressed by commenters was the towing of
hang gliders, paragliders, and gliders by either ultralight vehicles or
light-sport aircraft.  Of the approximately 4,700 comments received,
691 related to eliminating exemptions from §§91.309 and 103.1 (b).
These exemptions allow ultralight pilots to use ultralight vehicles to
tow hang gliders.  In addition, 607 comments related to proposed SFAR
No. 89 section 73 (b)(12), which would have prohibited the towing of
any object, including a hang glider, paraglider, or glider towing by a
light-sport aircraft.  The vast majority of these commenters opposed the
proposed rule.

Most commenters stated that the proposed rule would adversely affect the
safety of training in unpowered ultralights, such as hang gliders and
paragliders.  Without the availability of hang glider and paraglider
towing by ultralights, most commenters noted that the only way to learn
to fly a hang glider or paraglider is to perform a foot launch from an
elevated location.  Many commenters also noted that these flights
usually would be conducted without an instructor, unlike flights in
which towing is involved.  Therefore, many commenters argued, that
without the benefits of being towed by an ultralight and the ability to
receive tandem instruction while airborne, few people would endeavor to
learn how to fly hang gliders or paragliders.  These commenters stated
that the proposed rule would have a crippling economic effect on hang
glider and paraglider training.

Similarly, many commenters noted that prohibiting hang glider and
paraglider towing by ultralights would eliminate the sport of hang
gliding and paragliding in areas of the country without elevated
terrain.  In areas with a relatively flat topography, such as Florida,
towing by ultralights is the only means of launching a hang glider or
paraglider.  Many commenters who are hang glider and paraglider
instructors and ultralight tow pilots in Florida were concerned that the
proposed rule would permanently curtail their operations.

Many commenters noted that hang glider and paragliding towing by
ultralights has contributed to the growth of the sport, and that the
proposed rule would jeopardize the future of the sport.  They also noted
that eliminating hang glider and paraglider towing by ultralights would
prohibit the display of hang gliders and paragliders at airshows, where
foot launches usually cannot be accomplished.  Commenters added that
this would further reduce the exposure of the sport and limit its growth
potential.

The FAA agrees with the commenters’ suggestions that light-sport
aircraft should be permitted to be used for towing operations.  The FAA
recognizes that towing operations have been conducted safely for over 20
years using ultralight-like aircraft, which now will be certificated as
light-sport aircraft.  These same aircraft have been operated safely
under an exemption from §§91.309 and 103.1(b) held by the USHGA since
1984.

The existing fleet of ultralights conducting towing operations consists
of fixed-wing ultralight-like aircraft, which the industry refers to as
“tugs,” and weight-shift-control aircraft, both of which are
specifically designed and equipped to withstand the load of towing hang
gliders, gliders, and paragliders.  These aircraft must meet the
requirements of §91.309.  The FAA will issue additional guidance
material to ensure that the aircraft are designed, equipped, and
maintained, and operated safely.  The FAA has not limited the period
during which the small existing fleet of experimental light-sport
aircraft that will be used for this purpose.  These aircraft may be used
for towing unless the FAA issues an operating limitation prohibiting
this activity.

Newly manufactured aircraft issued a special airworthiness certificate
in the light-sport category that will be used for towing will be
designed and manufactured to meet criteria established in the consensus
standard.  If the FAA determines that the aircraft was not manufactured
in accordance with a consensus standard that identifies aircraft
requirements for towing, the aircraft will be issued an operating
limitation prohibiting the conduct of towing operations.   The FAA will
not authorize experimental light-sport kit aircraft to be used to
conduct these types of operations.  When an experimental or a special
light-sport aircraft is used in towing operations for compensation or
hire, these aircraft must also meet the 100-hour condition inspection
requirement established for experimental and special light-sport
aircraft in §§91.319 (g) and 91.327 (c), respectively.

While a substantial number of commenters suggested that sport and
recreational pilots be allowed to conduct towing operations for
compensation or hire, the FAA maintains that only private pilots or
higher should be permitted to conduct these types of operations.  Under
§61.69, only a private pilot or higher can tow a glider and is
authorized to conduct towing operations for compensation or hire under
§61.113.  The FAA is revising the final rule to allow ultralight
vehicle pilots, qualified under an FAA-recognized ultralight
organization, to credit experience under §61.52 towards a private pilot
certificate and towards the experience requirements of §61.69.  With
the addition of a rating at the private pilot certificate level for
weight-shift-control aircraft, the regulations will now accommodate
these types of aircraft that will be used for towing operations under
this new regulatory framework.

The FAA notes that for towing operations that are not conducted for
compensation or hire, a pilot is still required to meet the minimum
requirements established in §61.69.  Therefore, the FAA does not
believe it is necessary to allow a sport or recreational pilot to
conduct towing operations.

See discussions under §§61.113, 91,319, and 91.327 for more
information on changes made regarding private pilots using powered
ultralight vehicles to tow.

Changes

Section 61.69 is revised to permit towing of unpowered ultralight
vehicles by holders of at least a private pilot certificate.  In
addition, all references to “gliders” are changed to “gliders or
unpowered ultralight vehicles.”

Section 61.87  Solo requirements for student pilots (proposed as SFAR
No. 89

section 33 (a), (b), and (c))

Under section 33 of SFAR No. 89, the FAA proposed solo and solo-cross
country requirements for student pilots operating light-sport aircraft.
In the final rule, the pre-solo flight training provisions are located
in §61.87.  Also, the FAA has moved the cross-country flight training
requirements for student pilots seeking a sport pilot certificate with
privileges in a weight-shift-control aircraft and a powered parachute to
§61.93.  Student pilots, student pilots seeking a sport pilot
certificate, and other pilots seeking privileges or a rating in a
weight-shift-control aircraft or a powered parachute will be trained to
the same standard prior to conducting solo or solo cross-country flight
operations.  This is consistent with the solo and solo cross-country
flight-training requirements for all student pilots training in other
categories of aircraft.

After considering the comments and becoming familiar with powered
parachutes during the development of the practical test standards, the
FAA recognizes that the requirements for student pilots training on
meta-stable stalls and partial canopy collapses should be revised.

In addition, to specify that the maneuvers and procedures for pre-solo
flight training listed in this section also apply to student pilots
seeking sport pilot privileges in single-engine airplanes, gyroplanes,
gliders, airships, and balloons, the FAA is adding the words “or
privileges” after the word “rating” in the introductory text of
paragraphs (d), (g), (i), (j), and (k).

For a complete discussion on specific changes to training and
proficiency requirements please refer to “V.5.A.iii. Flight Training
and Proficiency Requirements.”

Changes

	The proposed provisions of SFAR No. 89 section 33 (a), (b), and (c) are
transferred to new paragraphs (l) and (m) of §61.87.  The provisions
are modified to remove the powered parachute pre-solo flight training
requirements pertaining to recovery from partial canopy collapse,
meta-stable stalls and avoidance.

In addition, the words “or privileges” are added after the word
“rating” in the introductory text of paragraphs (d), (g), (i), (j),
and (k).

Section 61.89  General limitations (proposed as SFAR No. 89 section 35)

The proposed general limitations in SFAR No. 89 section 35 for student
pilots seeking a sport pilot certificate are moved to §61.89.

Proposed section 35 (e) of SFAR No. 89 would have limited the maximum
speed a student pilot could operate a light-sport aircraft to
87 knots CAS.  There were many comments on this issue, and they
criticized the proposed requirement as not being in the interest of
safety and being unnecessarily restrictive of the manner in which a
student pilot can learn to fly a light-sport aircraft.  Nearly all of
the commenters disagreed with the need for such a limit, and many
commenters suggested that stall speed has a far greater impact on safety
than maximum speed.  One commenter noted that this section would require
instructor pilots to use two sets of aircraft for instruction, thus
increasing the cost of training.  Several commenters suggested that it
is safer for a student to train in the same aircraft he or she will
later fly.

The FAA agrees with commenters and is eliminating this limitation.  Each
student pilot must have a specific make and model endorsement on his or
her student pilot certificate authorizing solo flight, appropriate to
the aircraft being operated.   For each category, class, and make and
model of light-sport aircraft a student pilot operates that exceeds 87
knots CAS, he or she will get additional training.  Therefore, imposing
a speed limit of 87 knots CAS on student pilot seeking a sport pilot
certificate is unnecessary.  The FAA is identifying the specific
limitations that only apply to a student pilot seeking a sport pilot
certificate in paragraph (c) of §61.89.  All other limitations on
student pilots are noted in current paragraphs (a) and (b) of §61.89.
These limitations also apply to student pilots seeking a sport pilot
certificate.

New paragraph (c) of §61.89 identifies those restrictive privileges and
limitations that distinguish a student pilot seeking a sport pilot
certificate from other student pilots.  This paragraph specifies that a
student pilot seeking a sport pilot certificate may fly only a
light-sport aircraft and is prohibited from flying at night and above
10,000 feet MSL.  The paragraph also restricts the classes of airspace
and types of airports a sport pilot seeking a sport pilot certificate
may use without receiving additional training and an endorsement.
Training for a sport pilot certificate does not include training for
operating in Class B, C, and D airspace and airports, and in other
airspace and airports with operational control towers because, unlike
other student pilots, sport pilots do not have those additional
privileges.  These are additional privileges that are granted with the
appropriate additional training and endorsements established in §61.94
for student pilots seeking a sport pilot certificate and in §61.325 for
a sport pilot.

For a complete discussion of changes made to training and proficiency
requirements, refer to “V.5.A.iii. Flight Training and Proficiency
Requirements.”

Changes

The FAA is transferring the provisions of proposed SFAR No. 89 section
35 to new paragraph (c) of §61.89.  Other limitations from SFAR No. 89
section 35 are found in paragraphs (a) and (b) of the existing rule.
Also, the 87-knot CAS speed restriction on student pilots seeking a
sport pilot certificate is removed from the final rule.

Section 61.93  Solo cross-country flight requirements (proposed as SFAR
No. 89

section 33 (d), (e), and (f))

Under section 33 of SFAR No. 89, the FAA proposed solo and solo
cross-country flight training requirements for student pilots.  In the
final rule, the solo cross-country flight training provisions are
located under §61.93.  By moving the solo cross-country flight training
requirements into the existing sections of part 61, both sport pilots
and private pilots seeking either privileges or a rating in a
weight-shift-control aircraft or a powered-parachute will be trained to
the same standard prior to conducting solo cross-country operations.
This is consistent with the solo cross-country flight training
requirements for all other categories of aircraft.

After considering the comments and becoming familiar with powered
parachute and weight-shift-control aircraft during the development of
the practical test standards, the FAA recognized that dead reckoning
should require the aid of a magnetic compass, although one is still not
required for pilotage.  The FAA is therefore adding the words “as
appropriate” to paragraph (l) to allow latitude in determining when
this requirement must be met.

Upon further consideration, the FAA realizes it should have included
different solo cross-country training requirements for
weight-shift-control aircraft and powered parachutes that were
consistent with the solo cross-country flight training requirements for
all other categories of light-sport aircraft.  When the FAA began
incorporating these requirements into the section, the agency determined
that the solo cross-country flight training requirements for operations
in a weight-shift-control aircraft for takeoff, approach, and landing
procedures, including crosswind approaches and landings was not
addressed in the NPRM.  Therefore, these provisions are added to
paragraph (m) of §61.93.  In addition, a new solo cross-country flight
training requirement for takeoff, approach, and landing procedures in a
powered parachute (without a requirement for crosswind approaches and
landings) is added to paragraph (l) of §61.93.  The crosswind takeoff
and landing requirements were not addressed in this section because
powered parachutes are not designed for crosswind takeoffs and landings.

For a complete discussion on specific changes to training and
proficiency requirements please refer to “V.5.A.iii. Flight Training
and Proficiency Requirements.”

Changes

	The proposed provisions of SFAR No. 89 section 33 (d), (e), and (f) are
transferred to paragraphs (l) and (m) of §61.93 with the following
changes.

The requirement for training with the aid of a magnetic compass has been
revised, and the words “as appropriate” are added to (l)(1) and
(m)(1).

	In paragraph (l)(11), a provision for takeoff, approach, and landing
procedures is added.

In paragraph (m)(11), a provision for takeoff, approach, and landing
procedures, including crosswind approaches and landings, is added.

Section 61.94  Student pilot seeking a sport pilot certificate or a
recreational pilot certificate:  Operations at airports within, and in
airspace located within, Class B, C, and D airspace, or at airports with
an operational control tower in other airspace  (proposed as SFAR No. 89
section 37)

	The FAA is adopting this section with minor wording changes.  The FAA
recognizes that operational control towers may be located in other than
Class B, C, or D airspace.  To ensure that a student pilot seeking a
sport pilot certificate or a recreational pilot has adequate training to
safely operate within such airspace and at airports located within that
airspace, the FAA is adding language to require that the training
specified within §61.94 be completed before such operations are
conducted.

To facilitate changes made to §61.101, which permit recreational pilots
with sufficient training to operate in Class B, C, and D airspace, at an
airport located in Class B, C, or D airspace, or to, from, through, or
at an airport having an operational control tower, the requirements of
§61.94 will also apply to recreational pilots.  Although the
requirements of §61.94 are more stringent than those found in §61.95,
the requirements to permit the conduct of operations in Class B airspace
are equivalent for pilots affected by either section.  For complete
discussion of changes made to this section, see “V.5.A.v. Changes to
Airspace Restrictions.”

Changes

The proposed provisions of SFAR No. 89 section 37 are transferred to new
§61.94 with the words “to, from, through, or at an airport having an
operational control tower” added, and with other minor wording
changes.  In addition, the heading and paragraph (a) are revised to
include the words “or recreational pilot.”

Section 61.95  Operations in Class B airspace and at airports located
within Class B airspace

	The FAA did not propose to amend §61.95; however, the FAA is amending
this section to exclude a student pilot seeking a sport pilot
certificate or a recreational pilot certificate.  New §61.94 is added
that contains requirements for a student pilot seeking a sport pilot
certificate or a recreational pilot certificate wishing to obtain
privileges to operate in Class B airspace or at an airport located in
Class B airspace.  See discussion under “V.5.A.v. Changes to Airspace
Restrictions.”

Changes

Paragraph (c) is added to §61.95 to provide that the section does not
apply to a student pilot seeking a sport pilot certificate or a
recreational pilot certificate.

Section 61.99  Aeronautical experience

	The FAA did not receive any comments on this section.

Changes

	The proposed amendment is adopted without change.

Section 61.101  Recreational pilot privileges and limits

There were several comments requesting that the FAA expand the
privileges for holders of a recreational pilot certificate.  Most of
these comments suggested expanding the distance recreational pilots may
fly without meeting the requirement of §61.101 (c) and allowing
recreational pilots to meet the same medical certification requirements
as sport pilots.

Several commenters favored extending proposed sport pilot medical
provisions to holders of higher-level pilot certificates.  These
commenters contended that the same reasoning and justification proposed
for sport pilots should apply to other pilots.  They noted that
recreational pilots are subject to many of the same operating
limitations as sport pilots. These include limits on carrying
passengers, use of other than fixed-gear aircraft, and prohibitions on
flight between sunrise and sunset, and when flight or surface visibility
is less than 3 statue miles.  Therefore, the commenters believe
recreational pilots should not be subject to current medical
requirements that are more stringent than those for sport pilots.  They
suggested that the FAA review sport pilot data over time and consider
allowing recreational pilots to meet the sport pilot medical
requirements that are adopted under this rule.

The FAA did not consider expanding the applicability of the proposed
sport pilot medical requirements in this rulemaking action, nor would it
be within the scope of this action to do so.  The FAA agrees with
commenters that the agency must gain experience with sport pilot medical
requirements, but the FAA will not consider extending these provisions
beyond sport pilots and will not grant any petitions for exemption or
rulemaking requesting that it do so at this time.

The FAA notes that it is not within the scope of this rulemaking to make
substantive changes to the privileges of a recreational pilot, except
where such changes are necessary to maintain consistency with the
privileges for sport pilots provided under the final rule.  The FAA also
notes that, because recreational pilots are permitted to operate larger
aircraft, the training requirements for recreational pilots are more
extensive than for sport pilots.

Specifically, commenters suggested allowing recreational pilots to
demonstrate aircraft to prospective buyers, as is allowed for sport
pilots who are not aircraft salespersons.  The FAA agrees and is adding
a provision permitting holders of a recreational pilot certificate to
demonstrate aircraft to prospective buyers, provided the recreational
pilot is not an aircraft salesperson.   For a discussion of the
privilege of demonstrating aircraft to prospective buyers, please refer
to “V.5.A.viii. Demonstration of Aircraft to Prospective Buyers.”
In addition, several commenters suggested that recreational pilots be
allowed to conduct towing operations. The FAA still maintains that only
a pilot with at least a private pilot certificate should be authorized
to conduct towing operations. For a discussion of comments suggesting
that the privilege of conducting towing operations be added to
recreational pilot certificate, see the discussion of §61.69.

Finally, many commenters suggested that recreational pilot be allowed to
exercise the privileges of sport pilots.  The FAA is revising the final
rule under §61.303 to allow a recreational pilot to exercise sport
pilot privileges if he or she has received the cross-country training
required in §61.101 (c) and holds any other endorsements required by
subpart J of part 61.  The cross-country training required in §61.101
(c) will provide a recreational pilot with at least the same minimum
cross-country training that a sport pilot must meet to be eligible for
this certificate.  For a discussion of the changes related to this, see
§61.303.

When drafting the NPRM, the FAA did not establish aeronautical
knowledge, flight proficiency, and aeronautical experience requirements
for recreational pilots to obtain category and class ratings in powered
parachutes and weight-shift-control aircraft.  The proposal, however,
did not revise §61.101 (d)(2) to prohibit recreational pilots from
acting as pilot in command of these aircraft.  As the FAA will not issue
ratings for recreational pilots to operate these aircraft, the FAA is
adding a limitation to §61.101 (d)(2) to specifically prohibit
recreational pilots from acting as pilot in command of a powered
parachute or a weight-shift-control aircraft.

In drafting the NPRM, the FAA did not consider the fact that operational
control towers may, on occasion, be located in Class G or E airspace.
To address this omission and therefore require a recreational pilot to
receive appropriate training prior to conducting operations at an
airport that has an operational control tower in Class G or E airspace,
the FAA is revising paragraphs (d) and (e)(7) to add the words “to,
from, through, or at an airport having an operational control tower.”
For a discussion of the changes related to operations in Class B, C, and
D airspace, see “V.5.A.v. Changes to Airspace Restrictions.”

Changes

In the final rule, paragraph (e)(2) is revised to prohibit recreational
pilots from operating powered parachutes and weight-shift-control
aircraft.

In addition, paragraph (e)(12) is added to permit holders of a
recreational pilot certificate to demonstrate aircraft to prospective
buyers, provided the recreational pilot is not an aircraft salesperson.

Finally, the FAA is revising paragraphs (d) and (e)(7) to add the words
“to, from, through, or at an airport having an operational control
tower.”

Section 61.107  Flight proficiency

	As discussed in §61.5 above, based on several comments, the FAA is
adding a powered parachute--sea rating.  Therefore, the FAA is changing
§61.107 to establish the appropriate flight proficiency training
necessary for seaplane base operations.

In addition, the FAA is removing proposed paragraph (b)(9)(viii), which
would have required a person to receive and log ground and flight
training in slow flight and stalls for a powered parachute rating.  See
discussion under “V.5.A.iii. Flight Training and Proficiency
Requirements.”

Changes

In the final rule, paragraph (b)(9)(iii) is changed to require flight
proficiency training in seaplane base operations for a powered
parachute--sea rating.  In addition, proposed paragraph (b)(9)(viii) is
not adopted, and paragraphs (ix) through (xi) are redesignated as (viii)
through (x) respectively.

Section 61.109  Aeronautical experience

Several commenters noted that powered parachutes are not properly
equipped to engage in operations at night.  These commenters suggested
that the requirement for night flight training be eliminated.  The FAA
agreed with these commenters and although the FAA will not remove the
requirement for this training, the final rule will provide for a new
exception to this training requirement in §61.110.  This exception will
permit a person who does not receive the required night training to be
issued a certificate with a night flying limitation.  See §61.110 for a
discussion of night flying exceptions.

A few commenters also suggested that, given the slow speeds at which
powered parachutes travel, the cross-country training distances required
under the proposed rule would be excessive.  The commenters also
suggested that the flight proficiency requirements should more closely
parallel glider and balloon training.  The FAA agrees and therefore is
making changes in the final rule to address these comments.  For a
complete discussion on specific changes to training and proficiency
requirements refer to “V.5.A.iii. Flight Training and Proficiency
Requirements.”

The FAA notes that in the NPRM, in proposed paragraph (i), in the
aeronautical experience table describing the training necessary for a
weight-shift-control rating, a paragraph was incorrectly formatted,
therefore making the table misleading.  Under the list of items included
under “(iv) Ten hours solo flight time in a weight-shift-control
aircraft consisting of at least--,” the requirement for three takeoffs
and landings (with each landing involving a flight in the traffic
pattern) at an airport with an operating control tower should have been
designated as “(C)” in the list, rather than as a separate paragraph
“(v).”  In the final rule, the FAA is correctly designating that
list to indicate that the requirement for three takeoffs and landings in
a weight-shift-control aircraft at an airport with an operating control
tower must be accomplished as solo flight.

Changes

The FAA is reformatting proposed paragraph (i) and adopting it with the
following changes for a powered parachute rating:

The total flight time requirement is reduced from 40 hours to 25 hours
in a powered parachute.

The requirement for total flight training with an authorized instructor
is reduced from 20 to 10 hours, and an additional requirement for 30
takeoffs and landings with an authorized instructor is being added.

The requirement for 10 hours of solo flight training is not being
changed, but the solo takeoff and landing requirement is increased from
10 to 20.

A reference to the night flying exceptions specified in §61.110 is
included in the night flight training requirements, and the requirement
to conduct one night cross-country flight over 25 NM total distance is
removed.

The 3-hour solo cross-country requirement is reduced to 1 hour, and the
solo cross-country flight distance requirement is reduced from 50 NM to
25 NM.

In addition, requirements for a weight-shift-control rating are moved to
new paragraph (j).

In paragraph (j), for weight-shift-control aircraft, the FAA is reducing
the night cross-country flight requirement for a private pilot
certificate from 100 NM to a required distance of at least 75 nautical
miles, and the requirement for a solo cross-country flight from 150
nautical miles to 100 NM.  Additionally, the FAA is revising the
proposal to clarify that the requirement for three takeoffs and landings
in a weight-shift-control aircraft at an airport with an operating
control tower must be accomplished as solo flight.

Section 61.110  Night flying exceptions

The FAA did not propose to amend §61.110, however, the FAA received
many comments suggesting that a private pilot who wants to obtain a
weight-shift-control, powered parachute, or gyroplane rating should not
be required to fly at night if the aircraft is not equipped for that
operation, or the pilot chooses not to seek those privileges.  Most
aircraft in those three categories are not equipped with the aircraft
instruments or lighting required under part 91 for night operations.
Those aircraft are primarily suited for daytime operations under visual
flight rules.

The FAA is modifying §61.110 to permit a person seeking a private pilot
certificate with a gyroplane, powered parachute, or weight-shift-control
aircraft rating to obtain that rating without complying with the night
flying requirements specified in §61.109 (d)(2), (i)(2), or (j)(2).  A
private pilot who does not complete these requirements for night
operations will have a limitation placed on his or her pilot certificate
stating “night flying prohibited.”  This limitation can be removed
at any time by a designated examiner or an FAA inspector when the pilot
completes the night flying requirements established under the
appropriate section of part 61.

Changes

The FAA is adding paragraph (c) to §61.110 to permit a person who does
not meet the night flying requirements in §61.109 (d)(2), (i)(2), or
(j)(2) to be issued a private pilot certificate with the limit “Night
flying prohibited.”  This limitation may be removed by an examiner if
the holder complies with the requirements of §61.109 (d)(2), (i)(2), or
(j)(2), as appropriate.

Section 61.113  Private pilot privileges and limitations:  Pilot in
command

	The FAA is revising §61.113 (g) to allow a private pilot to act as
pilot in command while towing an unpowered ultralight vehicle for
compensation or hire.  This change conforms to the revisions made to
§61.69.  For a discussion of those changes, see §61.69 above.

Changes

Paragraph (g) is revised.

Section 61.165  Additional aircraft category and class ratings.

The FAA is adding a new paragraph (f) to §61.165 to assist airline
transport pilots currently operating under §61.31 (k)(2)(iii) without a
category and class rating to comply with the new provisions of that
paragraph.  The revision to §61.31 (k)(2)(iii) requires a category and
class rating for the holder of a pilot certificate when that pilot
operates an aircraft with an experimental certificate and carries a
passenger.  To receive a category and class rating to operate these
aircraft, a person must log at least 5 hours of flight time while acting
as pilot in command in the same category, class, make, and model of
experimental aircraft and receive an appropriate endorsement.  Other
aeronautical knowledge, flight proficiency, and aeronautical experience
requirements for the issuance of the rating do not apply.  This flight
time must be logged between September 1, 2004 and August 31, 2005.
Similar provisions are enacted in §61.63 (k) for persons holding other
pilot certificates.  An airline transport pilot who meets these
requirements will be issued an appropriate category and class rating
limited to a specific make and model of experimental aircraft.  See the
discussion of §61.31.

Changes

	A new paragraph (f), Category class ratings for the operation of
aircraft with experimental certificates, is added for airline transport
pilots who do not have a category and class rating to operate the
experimental aircraft.  They may apply for a category and class rating
limited to a specific make and model of experimental aircraft.

Subpart H—Flight Instructors Other Than Flight Instructors with a
Sport Pilot Rating

	The FAA is revising the heading of subpart H to include the words
“other than flight instructors with a sport pilot rating.”  Because
of the unique requirements that apply to flight instructors with a sport
pilot rating, the FAA is placing those requirements into a new subpart
K, rather than into existing subpart H.

Changes

	The heading for subpart H is revised.

Section 61.181  Applicability

	In the final rule, the FAA is revising §61.181 to make the
applicability of the section consistent with the newly revised subpart H
heading (discussed above).

Changes

	Section 61.181 is revised to add the words “except for flight
instructor certificates with a sport pilot rating.”

Section 61.213  Eligibility requirements (proposed as SFAR No. 89
sections 211 and 213)

	The FAA did not receive any comments on sections 211 and 213 of
proposed SFAR No. 89.  The provisions are therefore transferred to
§61.213 without substantive change.

Changes

	Paragraphs (a)(4)(i) and (a)(4)(ii) are revised to include the
requirements of sections 211 and 213 of proposed SFAR No. 89.

Section 61.215 Ground instructor privileges (proposed as SFAR No. 89
section 215)

The FAA did not receive any comments on sections 215 of proposed SFAR
No. 89.  The provisions are therefore transferred to §61.215 without
substantive change.

Changes

	Paragraph (a) is revised to include the requirements of section 215 of
proposed SFAR No. 89.

Subpart J--Sport Pilots

	The FAA concluded that the certification rules pertaining to sport
pilots merited their own subpart in part 61.  The rules originally
proposed in SFAR No. 89 pertaining to sport pilots are moved into
subpart J.  A table cross-referencing those sections of proposed SFAR
No. 89 with corresponding sections of part 61 appears at the beginning
of this section-by-section analysis for part 61.

Section 61.301  What is the purpose of this subpart? (proposed as SFAR
No. 89

section 1)

	The FAA did not receive any comments on section 1 of proposed SFAR No.
89.  The provisions applicable to sport pilots and persons seeking to
exercise sport pilot privileges are therefore transferred to §61.301
without substantive change.  Section 61.301 provides the user with an
overview of the requirements prescribed in this subpart.

Changes

	The provisions of section 1 of proposed SFAR No. 89 applicable to sport
pilots and persons seeking to exercise sport pilot privileges are
transferred to §61.301 without substantive change.

Section 61.303  What operating limits and endorsement requirements of
this subpart apply to my operation of a light-sport aircraft for the
certificates and ratings I hold? (proposed as SFAR No. 89 section 91)

	The FAA is adding §61.303 to clarify which operating limits and
endorsement requirements apply to the operation of a light-sport
aircraft, depending on the type of certificate or rating a pilot holds
and the medical eligibility requirements the pilot meets.

Many comments expressed confusion about the ability to exercise sport
privileges while holding a higher-level pilot certificate.  Many
commenters also were not certain what privileges they could exercise
based on their medical eligibility or what privileges they could
exercise when operating a light-sport aircraft.  To clarify the
operating limits and endorsement requirements for pilots exercising
sport pilot privileges, the FAA has included a table in §61.303.

The FAA has revised the final rule to allow a recreational pilot who
does not have an airman medical certificate to exercise sport pilot
privileges if that person has received the cross-country training
required in §61.101 (c).  Proposed SFAR No. 89 section 91 excluded
recreational pilots from exercising sport pilot privileges because they
did not have the cross-country training required for a sport pilot.  The
cross-country training required in §61.101 (c) is equivalent to the
cross-country requirements for sport pilots.  See the discussion in
§61.101 for more information.

The FAA is not requiring a pilot who holds a recreational pilot
certificate or higher who wants to exercise sport pilot privileges to
have make and model training and a corresponding endorsement.  See the
discussion under “V.5.A.iv. Make And Model Logbook Endorsements, and
Sets of Aircraft.”

In addition, the FAA is requiring persons who hold a recreational pilot
certificate or higher but not a rating for the category and class of
light-sport aircraft they seek to operate to comply with the limitations
in §61.315, except paragraph (c)(14), and, if a private pilot or
higher, paragraph (c)(7).  Paragraph (c)(14) addresses aircraft that
have a VH in excess of 87 knots CAS, and paragraph (c)(7) addresses
requirements for training to operate in Class B, C, and D airspace, at
an airport located in Class B, C, or D airspace, and to, from, through,
or at an airport having an operational control tower.  As these pilots
have been trained to operate these aircraft and in these types of
airspace, the FAA sees no need to require additional endorsements.

Paragraph (b) is added to require that persons using a current and valid
U.S. driver’s license meet certain requirements.  A person using a
U.S. driver’s license must comply with each restriction and limitation
imposed by that license and any judicial or administrative order for the
operation of a motor vehicle.  Also, if a person has applied for an
airman medical certificate, that person must have been found eligible
for the issuance of at least a third-class airman medical certificate at
the time of his or her most recent application.  If a person has been
issued an airman medical certificate, his or her most recently issued
airman medical certificate must not have been suspended or revoked.  If
a person has been granted an Authorization, his or her most recent
Authorization must not have been withdrawn.  Further, a person must not
know or have reason to know of any medical condition that would make him
or her unable to operate a light-sport aircraft in a safe manner.  See
discussion under “V.5.A.ii. Medical Provisions.”

Changes

Section 61.303 is added to set forth operating limitations and
endorsement requirements for persons seeking to operate light-sport
aircraft.  This new section is derived from the proposed provisions of
SFAR No. 89 section 91.  It provides a more detailed description, in a
table, of the privileges a person may exercise based upon his or her
medical eligibility and the certificates and endorsements he or she
holds.

In the final rule, the introductory text of paragraph (a) prohibits a
recreational pilot from exercising sport pilot privileges unless that
person has complied with the cross-country training requirements in
§61.101 (c).

In addition, the proposed requirement in SFAR No. 89 section 91
paragraph 2 for a person holding at least a private pilot’s
certificate and seeking to exercise sport pilot privileges is deleted.
That provision would have required that person to receive specific
training for any make and model of light-sport aircraft in which the
person has not acted as pilot in command is deleted.

The requirements in paragraphs (a)(1)(iii) and (a)(2)(iii) of the final
rule reflect the exceptions to the endorsement requirements discussed
above.

In addition, paragraph (b) is added to indicate that a person using a
current and valid U.S. driver’s license must meet the applicable
requirements specified in §61.23 (c)(2).

Section 61.305  What are the age and language requirements for a sport
pilot certificate? (proposed as SFAR No. 89 section 3)

Several commenters suggested lowering the age requirement for powered
parachute pilots to be equivalent with the age requirements for the
operation of gliders and balloons because of the simplicity of the
aircraft.  Other commenters suggested lowering the age to solo in all
categories of light-sport aircraft.  These commenters suggested that the
minimum age requirement to solo in a light-sport aircraft be the same as
the minimum age requirement to solo in a glider or a balloon.  The
commenters believed that the simple nature of light-sport aircraft
justified such a change.

The FAA disagrees with this suggestion.  Balloon and glider pilots
typically operate as part of an organized activity requiring other
participants; therefore younger pilots are rarely operate these aircraft
without some level of supervision.  Pilots of powered parachutes and
other categories of light-sport aircraft may frequently operate these
aircraft without any support personnel or supervision by other more
experienced pilots.  The FAA contends that capabilities of these
aircraft and the fact that they are frequently operated by a single
pilot without direct supervision precludes the agency from lowering the
age limit for solo operations in these aircraft.

Changes

	The provisions of section 3 of proposed SFAR No. 89 addressing the
eligibility requirements for a sport pilot certificate are transferred
to §61.305 without substantive change.

Section 61.307  What tests do I have to take to obtain a sport pilot
certificate?  (proposed as SFAR No. 89 section 57)

	The FAA received a few comments on the proposed provisions of this
section.  The commenters recommended that the practical tests be
conducted in accordance with the procedures specified in current
§§61.43, 61.45, 61.47, and 61.49.  By incorporating the provisions of
proposed SFAR No. 89 into part 61, the procedures specified in those
sections apply to practical and knowledge tests administered to sport
pilot applicants.

The commenters also recommended that the testing be conducted in
accordance with FAA Order 8710.3, Pilot Examiner’s Handbook.  The FAA
notes that all testing should be done in accordance with applicable FAA
orders.  Such a provisions would be inappropriate for inclusion in this
rule.

One commenter recommended that a student pilot be required to pass the
knowledge test prior to being issued a student pilot certificate.  This
action was not proposed, and the FAA considers such an action to be
outside the scope of this rulemaking.

Another commenter recommended that the holder of a private pilot
certificate or higher be exempt from taking a knowledge test addressing
the subjects specified in proposed SFAR No. 89 section 51.  The FAA
notes that the holder of a private pilot certificate or higher is not
required to take a test on the aeronautical knowledge areas specified in
§61.309 to exercise the privileges of a sport pilot certificate.

Two commenters recommended that applicants be permitted to take the
practical test in a single-seat aircraft with the examiner observing the
test from the ground.  This comment is addressed in the discussion of
§61.45.

Changes

	The provisions of section 57 of proposed SFAR No. 89 are transferred to
§61.307 without substantive change.

Section 61.309  What aeronautical knowledge must I have to apply for a
sport pilot certificate? (proposed as SFAR No. 89 section 51)

	The FAA received a few comments on the proposed provisions of this
section.

One commenter objected to requiring extensive training for pilots who
will be permitted to fly “fat” ultralights.  This comment, the
removal of tumble entry and tumble avoidance technique training, and
additional training in risk management are discussed under “V.5.A.iii.
Flight Training and Proficiency Requirements.”

Another commenter suggested that training not be required in electronic
navigation, while an additional commenter suggested that, if the FAA
wishes to specifically mandate training in electronic navigation
systems, the reference to navigation systems should refer to electronic
navigation systems.  The prevalence of electronic navigation systems in
light-sport aircraft necessitates the aeronautical knowledge training be
required in these systems.  Although most navigation systems are
electronic, the FAA has retained the generic reference to “navigation
system.” to conform to other requirements in part 61.

Changes

	The provisions of section 51 of proposed SFAR No. 89 are transferred to
§61.309 with the following modifications.

The words “as appropriate” are added to paragraph (d) regarding the
use of aeronautical charts for VFR navigation using pilotage, dead
reckoning, and navigation systems.

In paragraph (j), the term “if applicable” is changed “applicable
to airplanes and gliders” to clarify that this requirement is only
applicable to persons seeking privileges to operate those aircraft.

	The requirement in paragraph (k) of proposed SFAR No. 89 section 51 for
tumble entry and tumble avoidance technique training for
weight-shift-control aircraft category privileges is removed.

	The word “judgment” is replaced with the words “risk
management” in new paragraph (k).

Section 61.311  What flight proficiency requirements must I meet to
apply for a sport pilot certificate? (proposed as SFAR No. 89 section
53)

Upon further consideration of the proposal, the FAA is revising ground
and flight training requirements pertaining to slow flight and stalls.
See discussion under “V.5.A.iii. Flight Training and Proficiency
Requirements.”

In addition, the incorporation of proposed SFAR No. 89 into part 61
necessitates the inclusion of an exception to the flight proficiency
requirements of this section for registered pilots with FAA-recognized
ultralight organizations.  References to land and sea classes are also
included for those categories of aircraft for which those classes exist.

Changes

The provisions of section 53 of proposed SFAR No. 89 are transferred to
§61.311, with changes.

In the final rule, the section is revised to include an exception for
persons who are registered pilots with an FAA-recognized ultralight
organization and to refer to both land and sea classes for airplane,
weight-shift-control, and powered parachute categories of light-sport
aircraft.

Proposed paragraph (i) is changed to no longer require applicants for
sport pilot privileges in lighter-than-air aircraft and powered
parachutes to receive and log slow flight training.  It has also been
changed to no longer require applicants for sport pilot privileges in
powered parachutes to receive and log stall training.  In addition, in
the final rule, the training requirement for slow flight and stalls is
split into separate paragraphs (i) and (j), specifying those aircraft
for which the training is not required.

Section 61.313  What aeronautical experience must I have to apply for a
sport pilot certificate? (proposed as SFAR No. 89 section 55)

See discussion under “V.5.A.iii. Flight Training and Proficiency
Requirements.”

Changes

The provisions of section 55 of proposed SFAR No. 89 are transferred to
§61.313, with the following changes.

References to land and sea classes of aircraft are added to paragraphs
(a), (g), and (f).

References to a “full-stop landing” are revised to read “full-stop
landing at a minimum of two points” in paragraphs (a)(1)(iii),
(d)(1)(iii), and (h)(1)(iii).

In paragraph (b), the term “solo flight time” is changed to “solo
flight training.”

	In paragraph (f), the aeronautical experience requirements for
lighter-than-air category and balloon class privileges, are changed by
deleting the requirement for one solo cross-country flight of at least
25 NM.

In paragraph (g), the aeronautical experience requirements for powered
parachute category privileges, are changed as follows:

The requirement for 20 hours total flight time is reduced to 12 hours.

	The requirement for 15 hours of flight training is reduced to 10 hours,
which must include 20 takeoffs and landings to a full stop in a powered
parachute with each landing involving flight in the traffic pattern at
an airport.

The requirement for 2 hours of cross-country flight training is reduced
to 1 hour.

	The requirement for 5 hours of solo flight training is reduced to 2
hours and must include 10 solo takeoffs and landings, and one solo
flight with a 10-NM leg with a landing at a different airport in lieu of
the requirement for one solo flight of 25 NM with one 15-NM leg.

	In paragraph (h), the aeronautical experience requirements for
weight-shift-control aircraft category privileges, is changed by
reducing the 75 NM solo cross-country requirement to 50 NM.

Section 61.315  What are the privileges and limitations of my sport
pilot certificate? (proposed as SFAR No. 89 sections 73, 75, 77 and  79)

A few commenters noted that, in many states, a U.S. driver’s license
may be revoked for failure to pay certain taxes, failure to pay child
support, or other circumstances that do not pertain to flying ability.
These commenters believed that a person’s ability to obtain a
driver’s license may not be related to poor health.  The FAA, however,
maintains the position it took in the proposed rule, that all
limitations imposed on a driver’s license apply to the use of that
license to establish medical eligibility for a sport pilot certificate.

To further clarify its position on this issue, the FAA is adding the
language in §61.315 (c)(17) stating: “…or any limit imposed by
judicial or administrative order when using your driver’s license to
satisfy a requirement of this part.”  As stated in the proposed rule,
it is the FAA’s intent that, if an individual’s driving privileges
have been suspended, revoked, or restricted for any reason by an
administrative or judicial body, those same limitations apply to the use
of that individual’s driver’s license to establish medical
eligibility for a sport pilot certificate, regardless of whether the
terms of those limitations are printed on the individual’s driver’s
license or other document, and regardless of whether the restrictions
imposed were the result of an infraction unrelated to an individual’s
driving or flying ability.  If an individual’s driving privileges have
been suspended, revoked, or in any way limited by a court or
administrative order, the license holder may no longer use his or her
driver’s license to establish medical eligibility for a sport pilot
certificate.

A commenter proposed that sport pilots be limited to single-place
aircraft, and a private pilot certificate be required to fly a two-place
aircraft.  The FAA disagrees.  The FAA believes that the training
provided to a sport pilot is sufficient to permit that person to safely
operate a simple, non-complex aircraft.  The FAA believes that carrying
a passenger does not increase the complexity of the aircraft to warrant
the additional training required for a higher level certificate.  One of
the stated objectives of the sport pilot certificate is to permit, for
personal use, the holder of such a certificate to operate a light-sport
aircraft that has the capability of carrying only two occupants—the
pilot and one passenger.

The FAA is also adding language to §61.315 (b)(7) to require additional
training to operate in Class B, C, and D airspace.  For a complete
discussion of all issues related to operations in class B, C, and D
airspace, refer to “V.5.A.v. Changes to Airspace Restrictions.”

Several commenters suggested that the FAA allow a sport pilot to conduct
search and rescue operations and said that the aircraft now being
certificated as light-sport aircraft would be well suited for that
activity.  Although the FAA agrees that these aircraft are well suited
for the activity, it still believes that this activity should be
conducted by at least a private pilot who has accomplished the
additional training and testing requirements at that certificate level.

For a discussion of demonstrating aircraft to prospective buyers, please
refer to “V.5.A.viii. Demonstration of Aircraft to Prospective
Buyers.”

For a discussion of comments received requesting towing privileges for
sport and recreational pilots, see the discussion of §61.69 above.

Section 73 of proposed SFAR No. 89 stated that a sport pilot would be
limited to sport and recreational flying only.  Sport and recreational
flying, however, was not specifically defined in the NPRM.  That
limitation is removed in the final rule and replaced with prohibitions
against acting as pilot in command of a light-sport aircraft when
carrying a passenger or property for compensation or hire, for
compensation or hire, or in the furtherance of business.  This change
better describes those types of operations it intended to restrict when
it proposed that a sport pilot would be limited to sport and
recreational flying only.

The authority to operate up to 2,000 AGL when above 10,000 feet MSL is
removed.  For further information on this change, see “V.5.A.vi.
Changes to Altitude Limitations.”

Additionally, since light-sport aircraft operated by sport pilots are
intended to be simple and non-complex, the FAA is adding a provision in
paragraph (c)(19) to specifically prohibit a sport pilot from acting as
a pilot flight crewmember on any aircraft for which more than one pilot
is required by the type certificate of the aircraft or the regulations
under which the flight is conducted.  A similar provision currently
exists in §61.101 (e) for recreational pilots.  The two exceptions
contained in that paragraph, however, are not included in §61.315.

Changes

The provisions of sections 73, 75, 77, and 79 of proposed SFAR No. 89
are transferred to §61.315, with the following changes.

In paragraph (c)(1), (c)(2), and (c)(3), prohibitions that a person may
not act as pilot in command of a light-sport aircraft when carrying a
passenger or property for compensation or hire, for compensation or
hire, or in the furtherance of business are added.  These provisions are
added because the FAA is not including in the final rule the limitation
on sport and recreational flying proposed in SFAR No. 89 section 73
paragraph (a).

	In paragraph (c)(7), the words “or to, from, through, or at an
airport having an operational control tower” are added.

In paragraph (c)(11), the authority to operate up to 2,000 AGL when
above 10,000 feet MSL is removed.

	In paragraph (c)(17), a provision is added to require a sport pilot to
comply with any limit imposed by judicial or administrative order when
using his or her U.S. driver’s license to satisfy a requirement of
part 61.

	Paragraph (c)(19) is added to prohibit a sport pilot from acting as a
pilot flight crewmember on any aircraft for which more than one pilot is
required by the type certificate of the aircraft or the regulations
under which the flight is conducted.

Section 61.317  Is my sport pilot certificate issued with aircraft
category and class ratings? (proposed as SFAR No. 89 section 59)

The FAA did not receive any comments on section 59 of proposed SFAR No.
89.

Changes

	The provisions of section 59 of proposed SFAR No. 89 are transferred to
§61.317 without substantive change.

Section 61.319  Can I operate a make and model of aircraft other than
the make and model aircraft for which I have received an endorsement?
(proposed as SFAR No. 89 section 61)

The FAA made changes to this section to incorporate the concept of make
and model endorsements providing privileges to operate any aircraft
within a set of aircraft.  For a discussion of the comments and more
information on this issue, see “V.5.A.iv. Make and Model Logbook
Endorsements, and Sets of Aircraft.”

Changes

The provisions of section 61 of proposed SFAR No. 89 are transferred to
§61.319 and revised to allow the holder of a sport pilot certificate
with an endorsement to operate a specific make and model of light-sport
aircraft to operate any other aircraft belonging to the same set of
aircraft.

Section 61.321  How do I obtain privileges to operate an additional
category or class of light-sport aircraft? (proposed as SFAR No. 89
section 63)

	Generally, for a discussion of the comments and changes made to this
section, see “V.5.A.iv. Make and Model Logbook Endorsements, and Sets
of Aircraft.”

For a discussion of the comments and the changes to the requirements in
§61.321 (c) for an applicant to complete an application and present
this application to the authorized instructor, see “V.5.A.ix. Category
and Class Discussion:  FAA Form 8710-11 Submission.”

Changes

The provisions of section 63 of proposed SFAR No. 89 are transferred to
§61.321 with an additional requirement in paragraph (c) for sport pilot
seeking to operate an additional category or class of light-sport
aircraft to complete an application for those privileges on a form and
in a manner acceptable to the FAA.  The person must present this
application to the authorized instructor who conducted the proficiency
check specified in paragraph (b) of the section.

Section 61.323  How do I obtain privileges to operate a make and model
of light-sport aircraft in the same category and class within a
different set of aircraft?  (proposed as SFAR No. 89 section 65)

The FAA made changes to this section to incorporate the concept of make
and model endorsements providing privileges to operate any aircraft
within a set of aircraft.  For a discussion of the comments and changes
made to this section, see “V.5.A.iv. Make and Model Logbook
Endorsements, and Sets of Aircraft.”

Changes

	The provisions of section 65 of proposed SFAR No. 89 are transferred to
§61.323 with changes.  The FAA is revising this section to allow the
holder of a sport pilot certificate with an endorsement for a specific
make and model light-sport aircraft to operate any other aircraft within
the same set of aircraft.

Section 61.325  How do I obtain privileges to operate a light-sport
aircraft at an airport within, or in airspace within, Class B, C, and D
airspace, or in other airspace with an airport having an operational
control tower? (proposed as SFAR No. 89 section 81)

	For a discussion of comments and changes to this section, see
“V.5.A.v. Changes to Airspace Restrictions.”

Changes

	The provisions of section 81 of proposed SFAR No. 89 are transferred to
§61.325 with the following change.  The FAA is adding the words “at
an airport located in Class B, C, or D airspace, or to, from, through,
or at an airport having an operational control tower.”

Section 61.327  How do I obtain privileges to operate a light-sport
aircraft that has a VH greater than 87 knots CAS?  (proposed as SFAR No.
89 section 83)

	The FAA received a few comments on proposed section 83 of SFAR No. 89.
The commenters recommended that the FAA eliminate the proposed
requirement that sport pilots seeking to operate an aircraft with a VH
greater than 87 knots CAS receive an endorsement from an authorized
instructor.  For the reasons stated in the proposed rule, and also
because the FAA is eliminating the proposed requirement for a specific
make and model endorsement for each aircraft a sport pilot operates, the
FAA has retained this requirement in the final rule.

Changes

	The provisions of section 83 of proposed SFAR No. 89 are transferred to
§61.327 without substantive change.

Section 61.329  Are there special provisions for obtaining a sport pilot
certificate for persons who are registered ultralight pilots with an
FAA-recognized ultralight organization?  (proposed as SFAR No. 89
section 93)

	The FAA received comments suggesting that other organizations not
mentioned specifically in the preamble of the proposal should be
considered for crediting of ultralight experience.  At the time of the
NPRM, the FAA stated that it considered only ASC, EAA, and USUA to be
FAA-recognized ultralight organizations.  One commenter specifically
requested that USHGA be considered an FAA-recognized ultralight
organization.  Some commenters also thought that State associations that
have required that ultralight pilots meet their requirements should have
been addressed.  Both the final rule and the NPRM do not limit those
organizations that can be considered as FAA-recognized ultralight
organizations.  The FAA agrees that USHGA should be considered an
FAA-recognized ultralight organization and recognizes it as such.  The
FAA also recognizes that many State associations have now affiliated
themselves with FAA-recognized ultralight organizations.  Ultralight
pilots in these State associations will be able to become sport pilots
using the transition provisions of §61.329, provided they are
recognized pilots with one of the four current FAA-recognized ultralight
organizations.

The FAA originally proposed that any registered ultralight pilot with an
FAA-recognized ultralight organization would have up to 24 months after
the effective date of the final rule to apply for a sport pilot
certificate and receive credit for experience and training successfully
completed with that ultralight organization.  Although there were no
comments on this proposal, the FAA concluded that it would be in the
interest of safety, fairness, and ease of administration to revise the
provisions of the proposal in the final rule.  The final rule permits an
ultralight pilot registered with an FAA-recognized ultralight
organization on or before September 1, 2004 to obtain a sport pilot
certificate without meeting the aeronautical knowledge and flight
proficiency requirements of §§61.309 and 61. 311 provided that person
obtains the sport pilot certificate no later than January 31, 2007.
Ultralight pilots registered with these organizations after September 1,
2004 will be required to meet these aeronautical knowledge and flight
proficiency requirements but may credit experience obtained while a
member of an FAA-recognized ultralight organization in accordance with
§61.52.

The purpose of §61.329 is to provide a means of transition for those
pilots who receive training with FAA-recognized ultralight organizations
to obtain sport pilot certificates.  Under current ultralight training
programs, it is possible for an ultralight pilot to be eligible for a
sport pilot certificate with as little as 10 hours of flight time.
These ultralight pilots need not meet the aeronautical experience
requirements specified in §61.313.  The FAA has determined that this is
acceptable for ultralight pilots registered with an FAA-recognized
organization on or before September 1, 2004 who pass both a knowledge
and practical test before January 31 2007.    But after September 1,
2004,  all pilot applicants must meet the aeronautical experience
requirements of §61.313.  Registered pilots with FAA-recognized
ultralight organizations, however, may credit ultralight aeronautical
experience toward meeting these requirements in accordance with §61.52.
 These requirements will ensure that all applicants meet the same
standards and receive adequate training.  They will also provide a
single measure for assessing an applicant’s qualifications, as all
applicants must demonstrate proficiency and satisfactorily complete both
FAA knowledge and practical tests.

An ultralight pilot registered with an FAA-recognized ultralight
organization before September 1, 2004,  who completes a practical test
no later than January 31, 2007, will be issued a sport pilot certificate
with a logbook endorsement permitting that person to exercise sport
pilot privileges in each category, class, make, and model for which the
FAA-recognized ultralight organization has found him or her proficient
to operate.  Registered ultralight pilots with an FAA-recognized
ultralight organization who were not registered on or before September
1, 2004 and successfully complete the practical test for the sport pilot
certificate will receive a logbook endorsement permitting them to
exercise sport pilot privileges in the category, class, make and model
of aircraft in which the practical test was taken; however they will not
receive a logbook endorsement for each category, class, make, and model
of aircraft they were recognized by an the organization to operate.

The FAA received many comments regarding the requirement for notarized
documentation of experience from the FAA-recognized ultralight
organization.  The commenters were concerned about the added cost and
burden this will present.  The ultralight organizations indicated that
they would have to put notaries on their staffs or take the documents to
a notary, adding cost and burden to the process.

The FAA agrees with the comments and has replaced the requirement for a
notarized document with a requirement that an applicant provide the FAA
with a certified copy of his or her ultralight pilot records from the
FAA-recognized ultralight organization.  The FAA has historically
allowed other organizations to certify graduation certificates and
similar documents and the FAA concluded that is sufficient for this
regulatory requirement.

Many commenters suggested that the FAA allow an applicant who is
concurrently seeking both a sport pilot certificate and a flight
instructor certificate with a sport pilot rating to take only one
knowledge test to meet both aeronautical knowledge requirements.  The
FAA agrees with these commenters and will permit a person seeking a
sport pilot certificate under paragraph (a)(1) to take either the
knowledge test for a sport pilot certificate or the flight instructor
certificate with a sport pilot rating to satisfy the requirements of
this section.  The FAA believes that the applicant will demonstrate a
higher level of knowledge by taking the knowledge test for a flight
instructor certificate for a sport pilot rating.

Proposed paragraphs (a)(3)(ii), which would have required documents from
an FAA-recognized ultralight organization to list each category and
class of ultralight vehicle that the organization recognizes a person as
being qualified to operate, is changed in paragraph (a)(1) of the final
rule to require that the documents indicate that person is recognized to
operate the category and class of aircraft for which sport pilot
privileges are sought.  As a result of this change, the documentation
provided by an applicant under paragraph (a)(1) of the rule need not
show all categories and classes that the organization considers the
applicant qualified to operate, only the category and class of aircraft
for which sport pilot privileges are sought.  Documentation submitted by
an applicant under paragraph (a)(2), however, must show each aircraft a
person is recognized to operate.  This requirement enables the FAA to
provide the applicant with a logbook endorsement permitting operation of
each category, class, make and model listed without further testing.

The FAA has also revised the final rule by adding paragraph (b).  This
paragraph clarifies that the FAA will provide a person who meets the
provisions of paragraph (a)(1) of this section with a logbook
endorsement for each category, class, make, and model of aircraft listed
on the ultralight pilot’s records provided to the FAA, regardless of
the aircraft in which the practical test is taken.

Changes

	The provisions of section 93 of proposed SFAR No. 89 are transferred to
§61.329 with minor reformatting.  Also, the following changes are made.

	In paragraph (a)(1) (proposed as paragraph (a)), the words “not later
than 24 months after the effective date of the final rule” are changed
to “on or before September 1, 2004.”

	In paragraph (a)(1)(i)(B), the FAA is adding a provision that permits a
registered ultralight pilot seeking a sport pilot certificate to pass
either the knowledge test for a sport pilot certificate (as set forth in
the proposal), or the knowledge test for a flight instructor certificate
with a sport pilot rating.

In paragraphs (a)(1)(i)(D) and (a)(2)(iv), the word “notarized” is
changed to “certified.”

Proposed paragraph (b)(4)(ii) is changed in paragraph (a)(2)(iv)(B) of
the final rule to require that a person who is a registered ultralight
pilot on or after September 1, 2004 and is seeking a sport pilot
certificate to provide documents provided by an applicant for a sport
pilot certificate indicate that the person is recognized to operate only
the category and class of aircraft for which sport pilot privileges are
sought.

Proposed paragraph (c) is removed.

	New paragraph (b) is added as discussed above.

Subpart K--Flight Instructors with a Sport Pilot Rating

The FAA concluded that the certification rules pertaining to flight
instructors with a sport pilot rating merited their own subpart in part
61.  Most of the rules originally proposed in SFAR No. 89 pertaining to
flight instructors were moved into subpart K without change.  A table
with cross-references to the proposed SFAR No. 89 appears at the
beginning of this section-by-section analysis for part 61.

Section 61.401  What is the purpose of this subpart? (proposed as SFAR
No. 89 section 1)

	The FAA did not receive any comments on section 1 of proposed SFAR No.
89.  The provisions applicable to flight instructors with a sport pilot
rating are therefore transferred to §61.401 without substantive change.
 Section 61.401 provides the user with an overview of the requirements
prescribed in this subpart.

Changes

	The provisions of section 1 of proposed SFAR No. 89 applicable to
flight instructors with a sport pilot rating are transferred to §61.401
without substantive change.

Section 61.403  What are the age, language, and pilot certificate
requirements for a flight instructor certificate with a sport pilot
rating? (proposed as SFAR No. 89 section 3)

	The FAA created this section to incorporate the eligibility
requirements originally contained in SFAR No. 89 section 3.  Section 3
would have required that a flight instructor with a sport pilot rating
hold a sport or private pilot certificate.  Although a number of
commenters agreed with the FAA’s proposal to permit flight instructors
with a sport pilot rating to possess only a sport pilot certificate, the
FAA received several comments expressing concern that persons holding no
more than a sport pilot certificate could serve as flight instructors.
Commenters noted that the FAA traditionally requires a flight instructor
to hold a commercial pilot certificate.  These commenters were
specifically concerned that the FAA would be certificating flight
instructors with an inappropriately low level of experience and
training, thereby decreasing safety.  The FAA believes that the training
and experience required for a flight instructor certificate with a sport
pilot rating is appropriate for the types of instruction that these
flight instructors will provide.  The FAA notes that these persons will
be providing instruction in simple, non-complex aircraft with limited
operational characteristics.  The FAA also notes that it has established
minimum aeronautical experience requirements in §61.411 for flight
instructors with a sport pilot rating that exceeds that specified for a
sport pilot certificate.

In the final rule, the FAA revised the language requiring a person to
“hold a current and valid sport pilot certificate or a current and
valid private pilot certificate” to “hold a current and valid pilot
certificate.”  This change permits persons holding recreational,
commercial, and airline transport pilot certificates to obtain a flight
instructor certificate with a sport pilot rating.  Since the FAA intends
to permit a person with a sport pilot certificate to obtain a flight
instructor certificate with a sport pilot rating, the FAA believes that
persons with higher-level pilot certificates should not be precluded
from obtaining a flight instructor certificate with a sport pilot
rating.

Changes

	The provisions of section 3 of proposed SFAR No. 89 addressing the
eligibility requirements for flight instructors with a sport pilot
rating are transferred to §61.403 with the following change.  In
paragraph (c) of the final rule, the language requiring a person to
“hold a current and valid sport pilot certificate or a current and
valid private pilot certificate” is changed to “hold a current and
valid pilot certificate.”

Section 61.405  What tests do I have to take to obtain a flight
instructor certificate with a sport pilot rating? (proposed as SFAR No.
89 section 119)

	The FAA created this section to incorporate the testing requirements
originally contained SFAR No. 89 section 119.  The FAA received a
comment from a national organization representing flight instructors
recommending changes regarding spin training instructional competency
and proficiency in weight-shift-control aircraft.  In addition, several
commenters noted, while it is crucial that pilots of
weight-shift-control aircraft be capable of recognizing and avoiding
spins, it is not safe for pilots to learn these techniques by actually
performing them.  The FAA supports these recommendations and is removing
the proposed requirement that a person seeking to provide instruction in
a weight-shift-control aircraft possess both competency and
instructional proficiency in stall awareness, spin entry, spins, and
spin recovery procedures.  These requirements are still applicable to
persons seeking to provide instruction in airplanes and gliders.  For
more information, see “V.5.A.iii.  Flight Training and Proficiency
Requirements.”

Changes

The provisions of section 119 of proposed SFAR No. 89 are transferred to
§61.405 with the following changes.

The section is reworded and reorganized for clarity.

In paragraph (b)(1)(ii) of the final rule (proposed as paragraph
(b)(3)), the requirement for a person to receive a logbook endorsement
indicating competency and instructional proficiency in stall awareness,
spin entry, spins, and spin recovery procedures has been deleted for
persons seeking privileges to provide instruction in
weight-shift-control aircraft.

In paragraph (b)(2)(iii) of the final rule (proposed as paragraph
(b)(4)) is modified as follows.

A person seeking privileges to provide instruction in a
weight-shift-control aircraft is not required to demonstrate an ability
to teach stall awareness, spin entry, spins, and spin recovery
procedures.

The term “practical” is added before the word “test.”

The term “instructional procedures” is replaced with
“instructional competency and proficiency.”

The term “applicable light-sport aircraft” is replaced with
“applicable category and class of aircraft.”

Section 61.407  What aeronautical knowledge must I have to obtain a
flight instructor certificate with a sport pilot rating?  (proposed SFAR
No. 89 section 113)

	The FAA did not receive any comments on this section and is adopting
the section as proposed except for minor revisions to improve clarity.

Changes

	The provisions of section 113 of proposed SFAR No. 89 are transferred
to §61.407 with the following changes.  Proposed paragraphs (b) and (c)
are adopted as paragraphs (c) and (b) respectively, and in paragraph (c)
of the final rule, the words “for the aircraft category and class in
which you seek flight instructor privileges” are added after
“applicable to a sport pilot certificate.”

Section 61.409  What flight proficiency requirements must I meet to
apply for a flight instructor certificate with a sport pilot rating?
(proposed as SFAR No. 89 section 115)

	For a discussion on this section, see “V.5.A.iii.  Flight Training
and Proficiency Requirements.”

Changes

The provisions of section 115 of proposed SFAR No. 89 are transferred to
§61.409 with the following changes.

In the introductory text of the section, the words “for airplane
single-engine, glider, gyroplane, airship, balloon, powered parachute,
and weight-shift-control privileges” are replaced with the words
“for the aircraft category and class in which you seek flight
instructor privileges” are added.

Paragraph (k) (proposed as paragraph (a)(11)) is changed to no longer
require applicants for a flight instructor certificate seeking
instructional privileges in lighter-than-air aircraft and powered
parachutes to receive and log slow flight training.  It is also changed
to no longer require applicants seeking instructional privileges in
powered parachutes to receive and log stall training.  In addition, in
the final rule, the training requirement for slow flight and stalls is
split into separate paragraphs (k) and (l), specifying those aircraft
for which the training is not required.

Paragraph (m) (proposed as paragraph (a)(12)) is changed to remove the
requirement for spin training in a weight-shift-control aircraft,
requiring it for airplanes and gliders only.

Paragraph (o) is added to require “tumble entry and avoidance
techniques” maneuvers for weight-shift-control aircraft only.

Section 61.411  What aeronautical experience must I have to apply for a
flight instructor certificate with a sport pilot rating?  (proposed as
SFAR No. 89 section 117)

	The FAA received several comments to this section.  One commenter
stated that the FAA should decrease the aeronautical experience
requirements for flight instructors seeking instructional privileges in
powered parachutes to 50 hours.  Other commenters questioned the need
for flight instructors to obtain 15 hours of cross-country flight time
in powered parachutes.  Another commenter questioned the need for flight
instructors to have 15 hours of pilot-in-command time in a
weight-shift-control aircraft.  A number of commenters recommended that
the FAA decrease the requirements for flight instructors seeking
instructional privileges in airplanes, weight-shift-control aircraft,
and powered parachutes to 55 hours.  One commenter stated that until 2
years ago, all three national ultralight organizations required only 55
hours of flight time to qualify as an ultralight flight instructor.  The
commenter further noted that two of these three organizations now
require flight instructors to possess a minimum of 100 hours of flight
time.  A number of commenters stated that the proposed requirements for
flight instructors should mirror the requirements of these two
organizations.  However, another commenter recommended that all flight
instructors have at least 250 hours of flight experience.  This
commenter was concerned that sport pilots would be trained by
instructors who have very little experience themselves.

	The FAA has considered the commenters’ concerns and notes that there
may be legitimate reasons to either increase or decrease the
aeronautical experience requirements set forth in the NPRM.   The FAA
believes that the aeronautical experience requirements set forth in the
NPRM establish a reasonable level of minimum aeronautical experience for
the issuance of flight instructor certificates with a sport pilot
rating.  As the sport pilot rating is a new rating to be added to the
flight instructor certificate, the FAA will monitor the implementation
of the rule and may revise aeronautical experience requirements for the
rating, if the FAA deems such action appropriate.

Changes

	The provisions of section 117 of proposed SFAR No. 89 are transferred
to §61.411 with no substantive change.

Section 61.413  What are the privileges of my flight instructor
certificate with a sport pilot rating?  (proposed as SFAR No. 89 section
133)

The FAA identified several privileges that a flight instructor with a
sport pilot rating would be permitted to exercise that were omitted in
SFAR No. 89 section 133 of the proposed rule.  This omission is being
corrected in the final rule.

In addition to the privileges listed in the NPRM, under the final rule,
the holder of a flight instructor certificate with a sport pilot rating
is authorized, within the limits of his or her certificate and rating,
to provide training and logbook endorsements for the following:

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

(2)  A powered parachute or weight-shift-control aircraft rating;

(3)  An operating privilege for a sport pilot;

(4)  A practical test and knowledge test for a private pilot certificate
with a powered parachute or weight-shift-control aircraft rating or a
flight instructor certificate with a sport pilot rating.

Although the FAA received a few comments on this section that addressed
towing and the ability to demonstrate light-sport aircraft for sale,
these privileges are not based upon an individual’s flight instructor
certificate, but rather on that individual’s underlying pilot
certificate.   Comments on towing and the demonstration of aircraft for
sale are discussed in those sections that address the privileges of a
person’s underlying pilot certificate.

Changes

	The provisions of section 133 of proposed SFAR No. 89 are transferred
to §61.413 and reorganized for clarity.  Also, the following changes
are made.

In paragraph (a), the words “a student pilot certificate to operate
light-sport aircraft” are changed to “a student pilot seeking a
sport pilot certificate”

Paragraph (c) is added to include training and logbook endorsements for
a flight instructor certificate with a sport pilot rating.

Paragraph (d) is added to include training and logbook endorsements for
a powered parachute or weight-shift-control aircraft rating.

Paragraph (f) is changed by including training and logbook endorsements
for an operating privilege.

Paragraphs (g) and (h) (proposed as paragraphs (e) and (f)) are amended
by adding, after “for a sport pilot,” the words “certificate, a
private pilot certificate with a powered parachute or
weight-shift-control aircraft rating or a flight instructor certificate
with a sport pilot rating.”

Section 61.415  What are the limits of a flight instructor certificate
with a sport pilot rating?  (proposed as SFAR No. 89 section 135)

Several commenters questioned the need for make and model endorsements
for flight instructors.  Many commenters believed that this requirement
is unnecessary because of the simple nature of the aircraft in which
instructors will be providing training.  Additionally, many commenters
questioned the need for flight instructors to obtain 5 hours of
pilot-in-command time in a specific make and model of aircraft prior to
providing flight instruction in that aircraft.  The FAA recognizes that
under current §61.195 (f), a flight instructor may not provide training
required for the issuance of a certificate or rating in a multi-engine
airplane, helicopter, or powered lift unless that instructor has at
least 5 hours of pilot-in-command time in that specific make and model
of aircraft.  This requirement is therefore not applicable to the
majority of aircraft in which flight instruction is conducted.  The FAA
notes however that the final rule permits a person to serve as a flight
instructor if that person holds only a sport pilot certificate.  In view
of the limited experience of these certificate holders, the FAA deems it
prudent that flight instructors with a sport pilot rating obtain at
least 5 hours pilot-in-command time before conducting flight instruction
in a make and model of light-sport aircraft within the same set of
aircraft as that in which the training is provided.  For additional
discussion, see “V.5.A.iv. Make and Model Logbook Endorsements, and
Sets of Aircraft.”

Commenters stated that the FAA should allow training to be conducted in
single-place aircraft.  The FAA does not agree that all training
provided by flight instructors with a sport pilot rating be permitted in
single-place aircraft.  Under current §61.195 (g)(2), the FAA requires
pre-solo flight training for single-place aircraft to be provided in an
aircraft that has two pilot stations and is of the same category and
class applicable to the certificate and rating sought.  The FAA believes
that the commenters did not provide sufficient justification to remove
this long-standing requirement.  The final rule requires that pre-solo
flight training must be given in an aircraft that has two pilot stations
and is of the same category and class applicable to the certificate,
rating, or privilege sought.  Section 61.195 (g) ensures that pre-solo
fight training is provided by an authorized instructor in an aircraft
with two pilot stations.  Section 61.415 will apply a similar
requirement to persons receiving flight instruction from flight
instructors with a sport pilot rating.  Similar to §61.195 (g), pilots
being trained by flight instructors with a sport pilot rating will have
the latitude under §61.415 to meet all other experience and solo
training requirements in a single-place aircraft.

As the provisions of proposed SFAR No. 89 have been included in new
subpart K of part 61, and the applicability of subpart H has been
revised to exclude flight instructors with a sport pilot rating, the
limitations that previously applied to all flight instructors in subpart
H must be included in subpart K for them to apply to flight instructors
with a sport pilot rating.  Therefore, the FAA is now including in
§61.415 specific regulatory language to address the limits referred to
§61.195 (a), (d)(1) through (d)(3), and (d)(5).

Changes

	The FAA is transferring the provisions of proposed SFAR No. 89 section
135 to §61.415 and reorganizing them with the following revisions.

In paragraph (a), the description of the limits for providing ground or
flight training is clarified by addressing training provided by a person
holding a pilot certificate other than a sport pilot certificate.

Paragraph (e) is revised to incorporate the concept of “set of
aircraft,” and the requirement to obtain aeronautical experience as a
registered pilot with an FAA-recognized ultralight organization is
removed.  The concept of “set of aircraft” is discussed under
“V.5.A.iv. Make and Model Logbook Endorsements, and Sets of
Aircraft.”  The use of aeronautical experience obtained in ultralight
vehicles is addressed in §61.52 of the final rule.

Paragraph (f) is revised to incorporate operations to, from, through, or
at an airport having an operational control tower.  (See “V.5.A.v.
Changes to Airspace Restrictions.”)

Paragraph (h) is added to require that all training be performed in an
aircraft that complies with the requirements of §91.109.  This corrects
an inadvertent omission of a reference to §61.195 (g) in the NPRM.

Paragraph (i) is added to require that flight training must be provided
in an aircraft that has at least two pilot stations and is of the same
category and class appropriate to the certificate rating or privilege
sought.  Pre-solo flight training for single-place aircraft needs to be
provided in an aircraft that has two pilot stations and is of the same
category and class appropriate to the certificate rating or privilege
sought.

Section 61.417  Will my flight instructor certificate with a sport pilot
rating list aircraft category and class ratings?  (proposed as SFAR No.
89 section 123)

The FAA did not receive any comments on this section.  Although it was
proposed that a person receiving a flight instructor certificate with a
sport pilot rating receive logbook endorsements for the category, class,
and make and model aircraft in which the person is authorized to provide
training, the FAA is removing provisions specifying that a person would
receive a make and model endorsement.  The FAA is removing these
provisions because the authority to operate any make and model of
aircraft within a specific set of aircraft is a privilege of the
person’s underlying pilot certificate and not the flight instructor
certificate.    See the discussion “V.5.A.iv. Make and Model Logbook
Endorsements, and Sets of Aircraft.”

Changes

The provisions of section 123 of proposed SFAR No. 89 are transferred to
§61.417 with the following change.  The words “make and model” are
removed.

Section 61.419  How do I obtain privileges to provide training in an
additional category or class of light-sport aircraft?  (proposed as SFAR
No. 89 section 127)

	The FAA received a few comments on this section.  One commenter was
concerned that there will not be enough instructors to provide
endorsements for instructors seeking to provide training in additional
categories and classes of aircraft.  Another commenter proposed that
instructors certificated under subpart H of part 61 should not be
required to complete the proposed proficiency check.  The FAA believes
that the “grandfathering” provisions of the final rule will result
in sufficient numbers of instructors being able to provide the required
endorsements.  The FAA notes that the proficiency check required by
§61.419 (b) will only apply to flight instructors exercising the
privileges of a sport pilot rating.  The FAA also notes that instructors
certificated under subpart H are not subject to this requirement.

For information on changes related to filing applications and
endorsements, refer to the discussion under “V.5.A.ix. Category and
Class Discussion:  FAA Form 8710-11 Submission.”   For discussion of
make and model endorsements, refer to the discussion under “V.5.A.iv.
Make And Model Endorsements, and Sets of Aircraft.”

In addition, the FAA made a minor editorial change to the title and the
introductory text by deleting the word “flight” to be more accurate.
 This change reflects that flight instructors provide both ground and
flight training.

Changes

The provisions of section 127 of proposed SFAR No. 89 are transferred to
§61.419 with the following changes.

The title of this section is changed by removing the word “flight.”
The word “flight” is also removed from the introductory text.

	In paragraph (a), the term “aeronautical and knowledge experience
requirements” is changed to “aeronautical knowledge and flight
proficiency requirements.”  This change properly refers to the
requirements an applicant must meet in §§61.407 and 61.409.  	Proposed
paragraph (b) is split into paragraphs (b) and (d) in the final rule for
clarity.  The logbook endorsement requirement is now in paragraph (d) of
the final rule.  The term “light-sport aircraft privilege” is
changed to “category and class flight instructor privilege” in
paragraphs (b) and (d) of the final rule.

	Paragraph (c) in the final rule is added to require a person to
complete and present an application to obtain the privileges sought.

Section 61.421  May I give myself an endorsement?  (proposed as SFAR No.
89 section 139)

The FAA received comments noting an error made in the proposed rule
omitting the word “not.”  The FAA is correcting the error.

Changes

	The provisions of section 139 of proposed SFAR No. 89 are transferred
to §61.421 with the following changes.

	The phrase “you may give yourself an endorsement” is changed to
“you may not give yourself an endorsement,” as was originally
intended.

The FAA is also adding the word “rating” to the list of endorsements
a flight instructor with a sport pilot rating is not permitted to give
him or herself.  This conforms to the list of prohibitions specified in
§61.195 (i).

Section 61.423  What are the record keeping requirements for a flight
instructor with a sport pilot rating?  (proposed as SFAR No. 89 section
121)

The FAA received no comments on this section.

The FAA notes that the NPRM only referred to the endorsement of a
person’s logbook.  Under current rules, a flight instructor is
required to sign the logbook of any person to whom he or she provides
training.  To clarify that flight instructors with a sport pilot rating
must sign the logbook of each person to whom they have given flight or
ground training, the FAA is revising paragraph (a)(1) accordingly.

The NPRM did not specifically require a flight instructor to retain a
record of the type of endorsement provided to a person who received
training.  The final rule corrects this omission in paragraph (a)(2).

The FAA is revising paragraph (a)(2)(iii) to include the words “to,
from, through, or at an airport having an operational control tower.”
This change is discussed under “V.5.A.v. Changes to Airspace
Restrictions.”

The FAA is adding (b) to include a requirement for an instructor to
complete, sign, and submit to the FAA the application presented to him
or her by a person seeking to operate or provide training in an
additional category and class of light-sport aircraft.  This application
must be submitted within 10 days of providing the endorsement.  For a
discussion of this provision, see “V.5.A.ix. Category and Class
Discussion: FAA Form 8710-11 Submission.”

Changes

The provisions of section 121 of proposed SFAR No. 89 are transferred to
§61.423 with the following changes.

The section heading is revised, and the text of the section is
reorganized for improved readability.

	In paragraph (a)(1) the FAA is clarifying that a flight instructor with
a sport pilot rating must sign the logbook of each person to whom he or
she has given training.

In paragraph (a)(2), a requirement to retain a record of the type of
endorsement is added.

Paragraph (a)(2)(iii) is revised to include the words “to, from,
through, or at an airport having an operational control tower.”

Paragraph (b) is added to include a requirement for an instructor to
complete, sign, and submit to the FAA the application presented to him
or her by a person seeking to obtain additional category and class
privileges.

Section 61.425  How do I renew my flight instructor certificate?
(proposed as SFAR No. 89 section 195)

The FAA received no comments requesting changes to this section. However
a few commenters expressed concerns that current Flight Instructor
Refresher Clinics (Courses) (FIRCs) may not be a suitable means for
flight instructors with a sport pilot rating to renew their flight
instructor certificates.  The commenters asked if persons providing
FIRCs would be given latitude to develop courses specifically designed
for flight instructors with a sport pilot rating.  The FAA notes that
persons providing FIRCs may specifically tailor those courses to the
needs of flight instructors with sport pilot ratings.  Further guidance
will be available to FIRC sponsors at a later date.

Changes

The provisions of section 195 of proposed SFAR No. 89 are transferred to
§61.425 without substantive change.

Section 61.427  What must I do if my flight instructor certificate with
a sport pilot rating expires?  (proposed as SFAR No. 89 section 197)

The FAA received no comments on this section.

Changes

The provisions of section 197 of proposed SFAR No. 89 are transferred to
§61.427.  The section is modified to note that a person may pass a
practical test as prescribed in §61.405 (b) or §61.183 (h).  This
change reflects the separation of flight instructor requirements into
subparts H and K of part 61.

Section 61.429  May I exercise the privileges of a flight instructor
certificate with a sport pilot rating if I hold a flight instructor
certificate with another rating?  (proposed as SFAR No. 89 section 151)

	The FAA received several comments on this section.   The majority of
the commenters recommended that the FAA delete or reduce the proposed
requirement for a person exercising the privileges of a flight
instructor with a sport pilot rating to have at least 5 hours of
pilot-in-command time in a specific make and model of light-sport
aircraft in which that person provides training.  Other commenters
recommended that the FAA delete the proposed requirement that a flight
instructor receive specific training in any make and model of
light-sport aircraft in which that person has not acted as pilot in
command prior to providing training.  The FAA is retaining the proposed
requirement that a person exercising the privileges of a flight
instructor certificate with a sport pilot rating have at least 5 hours
of pilot-in-command time in a specific make and model of light-sport
aircraft prior to providing flight training.  However, the rule will
permit a person with this experience to provide flight training in any
aircraft within the same set of light-sport aircraft as the make and
model of aircraft in which that person has 5 hours of pilot-in-command
time.

The FAA found that section 151 of proposed SFAR No. 89 did not reference
commercial pilots with an airship or a balloon rating.  As these pilots
may provide flight instruction under current rules, and therefore may be
considered authorized instructors, the FAA believes it is appropriate to
permit these persons to exercise the privileges of a flight instructor
certificate with a sport pilot rating in the classes of aircraft in
which they are currently authorized to provide training.  This omission
is corrected in the final rule.

Proposed paragraphs (a)(2) and (a)(3) would have established
requirements for a person transitioning to a flight instructor
certificate with a sport pilot rating to receive specific training or
have 5 hours of pilot-in-command time in any make and model of
light-sport aircraft prior to providing training in that aircraft.  This
requirement to have 5 hours of pilot-in-command time is now set forth in
§61.415 (e).  Training requirements for the operation of makes and
models of light-sport aircraft are addressed in those sections that
apply to a person’s underlying pilot certificate.

Paragraph (b) is added in the final rule.  This paragraph clarifies that
the requirements of §§61.415 and 61.423 also apply to flight
instructors with other than a sport pilot rating, commercial pilots with
an airship rating, or commercial pilots with a balloon rating, when
those persons exercise the privileges of a flight instructor certificate
with a sport pilot rating.

Paragraph (c) (proposed as paragraph (b)) is changed to state that, to
exercise privileges of a flight instructor certificate in a category,
class, or make and model of light-sport aircraft for which one is not
currently rated, a person must meet all applicable requirements
specified in §61.419 to provide training in an additional category or
class of light-sport aircraft.  In the NPRM, SFAR No. 89 section 151 (b)
referenced sections 127 and 129; however, section 129 is not being
adopted and therefore paragraph (c) only contains to §61.419, which
corresponds to SFAR No. 89 section 127.

Changes

The provisions of section 151 of proposed SFAR No. 89 are transferred to
§61.429 with changes.

In the introductory text of the section, the words “a commercial pilot
certificate with an airship rating, or a commercial pilot certificate
with a balloon rating issued under this part” are added.

In paragraph (a) (proposed as paragraph (a)(1)), the words “…on your
existing pilot certificate and flight instructor certificate when
exercising your flight instructor privileges” are changed to read,
“…on your flight instructor certificate, commercial pilot
certificate with an airship rating, or commercial pilot certificate with
a balloon rating, as appropriate, when exercising your flight instructor
privileges and the privileges specified in §61.413.”

Paragraph (b) is added in the final rule to require persons subject to
this section to comply with the limits specified in §61.415 and the
recordkeeping requirements of §61.423.

Paragraph (c) (proposed as paragraph (b)) is changed to state that
persons subject to this section must meet all applicable requirements
specified in §61.419 to provide training in an additional category or
class of light-sport aircraft.

Section 61.431  Are there special provisions for obtaining a flight
instructor certificate with a sport pilot rating for persons who are
registered ultralight flight instructors with an FAA recognized
ultralight organization? (proposed as SFAR No. 89 section 153)

	The provisions of this section were intended to encourage and assist
ultralight instructors registered with FAA-recognized ultralight
organizations to obtain flight instructor certificates with a sport
pilot rating.  The final rule will allow an ultralight flight instructor
who is registered with an FAA-recognized ultralight organization before
September 1, 2004 to apply for a flight instructor certificate with a
sport pilot rating and receive credit for experience and training
successfully completed with the ultralight organization.  The FAA
believes that the provisions of this section respond to commenters’
requests to make the transition from basic and advanced ultralight
flight instructors to flight instructors with a sport pilot rating
simple and reasonable.

	One commenter stated that the FAA should not require ultralight
instructors who have thousands of flight hours of ultralight flight time
to obtain additional training.  The FAA believes that this section
addresses the commenter’s concern, as it provides registered
ultralight instructors with FAA-recognized ultralight organizations a
means to obtain flight instructor certificates with a sport pilot rating
without meeting the requirements specified for other applicants.

A number of commenters recommended that ultralight instructors not take
knowledge tests for both the sport pilot certificate and a flight
instructor certificate with a sport pilot rating.  Other commenters
recommended that transitioning ultralight flight instructors not be
required to take any knowledge test.  To ensure standardization, the FAA
requires all applicants for an underlying pilot certificate to take the
specific knowledge test applicable to that certificate, and is therefore
requiring that an applicant pass a knowledge test for both his or her
underlying pilot certificate and a flight instructor certificate with a
sport pilot rating.

Some commenters recommended that ultralight flight instructors
transitioning to flight instructors with a sport pilot rating not be
required to pass an “initial flight check.”  In the interest of
safety and standardization, the FAA will not issue an initial flight
instructor certificate without the applicant passing a practical test.

	A number of commenters recommended that the FAA permit ultralight
instructors to become flight instructors without first obtaining a sport
pilot certificate.  As the privilege to operate an aircraft is based
upon a person’s underlying pilot certificate and not his or her flight
instructor certificate, the FAA is not adopting the commenter’s
recommendation.

	One commenter recommended that current ultralight instructors with
specific make and model experience be permitted to provide themselves
with an endorsement certifying their own proficiency in a particular
make and model of light-sport aircraft.  As this recommendation goes
against the FAA’s long-standing policy against self-endorsements, the
FAA is also not adopting this commenter’s recommendation.

Other commenters questioned the ability of the FAA to effectuate a
transition from operations conducted under training exemptions to
operations conducted in accordance with subpart K.  In the final rule,
the FAA is establishing an effective date for compliance, which will
permit current ultralight flight instructors to become flight
instructors with a sport pilot rating and exercise the privileges of
that certificate in appropriately certificated aircraft without
disrupting current training programs.

The FAA originally proposed that any registered ultralight instructor
with an FAA-recognized ultralight organization would have up to 36
months after the effective date of the final rule to apply for a flight
instructor certificate with a sport pilot rating and receive credit for
experience and training successfully completed with the ultralight
organization.  Upon further consideration, the FAA concluded that it
would be in the interest of safety, fairness, and ease of administration
to limit this provision to ultralight instructors registered with those
organizations on or before September 1, 2004, but provide them with a
period of 36 months to avail themselves of the provisions of this
section.  Once the rule is effective, the minimum requirements
established in §61.411 must be met by all applicants for a flight
instructor certificate with a sport pilot rating who were not registered
ultralight instructors on or before September 1, 2004.  The FAA believes
it is both unnecessary and not in the interest of safety to permit these
ultralight instructors to meet the provisions of this section in lieu of
the more stringent requirements of other sections in subpart K.

As proposed, ultralight flight instructors who are registered with an
FAA-recognized ultralight organization on the effective date of the rule
would have had 36 months after the effective date of the final rule to
apply for a flight instructor certificate with a sport pilot rating and
receive credit for meeting the aeronautical knowledge, flight
proficiency, and aeronautical experience requirements of subpart K.  The
final rule continues to extend this privilege to ultralight flight
instructors registered with an FAA-recognized ultralight organization on
or before September 1, 2004, but not to those registered after that
date.  All applicants must satisfactorily complete both FAA knowledge
tests and practical tests.

Consistent with the change in §61.303, the words “a current
recreational pilot certificate and meet the requirements of §61.101
(c)” are added to paragraph (a).  As recreational pilots who meet the
requirements of §61.101 (c) have met aeronautical knowledge, flight
proficiency, and aeronautical experience requirements equal to or
greater than those required of sport pilots, the FAA contends it would
be inappropriate to preclude these pilots from obtaining a flight
instructor certificate with a sport pilot rating.

In the final rule, the FAA is clarifying the reference to “experience
requirements” in paragraph (b).  The revision specifies that an
applicant need not meet the aeronautical experience requirement
specified in §61.407, the flight proficiency requirements specified in
§61.409, and the aeronautical experience requirements specified in
§61.411.  The FAA notes that an applicant is still required to meet the
minimum flight time requirements in the category and class of
light-sport aircraft for which privileges are sought.  This revision is
consistent with terminology used in part 61.

As discussed in §61.329, the FAA received many comments regarding the
requirement for notarized documentation of experience from the
FAA-recognized ultralight organization.  Many commenters were concerned
about the added cost and burden this requirement would present.  The FAA
again agrees with the comments and is replacing the requirement for a
notarized document with a requirement that an applicant provide the FAA
with a certified copy of his or her ultralight pilot records from the
FAA-recognized ultralight organization.

Proposed paragraph (e)(2) is changed in paragraph (d)(2) of the final
rule to require that documents provided by an applicant for a flight
instructor certificate with a sport pilot rating indicate that the
person is recognized to operate and provide training in the category and
class of aircraft for which instructional privileges are sought.   This
change corresponds to a similar change made in §61.329.

Changes

The provisions of section 153 of proposed SFAR No. 89 are transferred to
§61.431.  The section is reorganized for clarity, and the following
changes are made.

In the introductory text, the words “not later than [Date 36 months
after the effective date of the final rule], and you want to apply for a
flight instructor certificate with a sport pilot rating” are changed
to “on or before September 1, 2004, and you want to apply for a flight
instructor certificate with a sport pilot rating, not later than January
31, 2008.”

In paragraph (a) of the final rule, the words “a current recreational
pilot certificate and meet the requirements of §61.101 (c)” are
added.

In paragraph (b), the reference to “experience requirements” is
changed in the final rule to include “the aeronautical knowledge
requirements specified in §61.407, the flight proficiency requirements
specified in §61.409, and the aeronautical experience requirements
specified in §61.411.”

In paragraph (d) (proposed as paragraph (e)), the requirement to
“obtain and present upon application a notarized copy” is changed to
“submit a certified copy.”

Proposed paragraph (e)(2) is changed in paragraph (d)(2) of the final
rule to require that documents provided by an applicant for a flight
instructor certificate with a sport pilot rating indicate that the
person is recognized to operate and provide training in the category and
class of aircraft for which flight instructor privileges are sought.

V.6.  Part 65—Certification:  Airmen Other Than Flight Crew Members

Section 65.85  Airframe rating; additional privileges; and

Section 65.87  Powerplant rating; additional privileges

The FAA did not propose to amend §§65.85 and 65.87.  They are amended
in the final rule to allow appropriately certificated mechanics with an
airframe or powerplant rating the additional privilege of performing and
inspecting major repairs and major alterations to light-sport aircraft
issued a special airworthiness certificate in the light-sport category
and approving them for return to service.  This privilege to perform and
inspect major repairs and major alterations and approve a product or
part for return to service on a light-sport aircraft is limited to
products and parts that are not produced under an FAA approval, such as
those built under a light-sport aircraft manufacturer’s consensus
standard.  This rule change gives the airframe- or powerplant-rated
mechanic the same privilege to perform and inspect major repairs and
major alterations on special light-sport aircraft that this rule grants
a repairman (light-sport aircraft) with a maintenance rating.

This privilege is not extended to major repairs and major alterations
performed on products produced under an FAA approval.  A mechanic with
an airframe or powerplant rating cannot approve a product or part for
return to service after performing and inspecting a major repair or
major alteration on a product produced under an FAA approval.  This work
must be performed in accordance with part 43 and other applicable
provisions of part 65.

The rule also requires that any major repair or major alteration
performed on a product or part not produced under an FAA approval
installed on a special light-sport aircraft be performed in accordance
with the manufacturer’s instructions or instructions developed by a
person acceptable to the FAA.

Changes

Sections 65.85 and 65.87 are each amended by designating the existing
text as paragraph (a), inserting the words, “Except as provided in
paragraph (b) of this section” at the beginning of paragraph (a), and
adding new paragraph (b) to permit appropriately certificated mechanics
to perform and inspect major repairs and major alterations on products
not produced under an FAA approval installed on a special light-sport
aircraft, as discussed above.

Section 65.101  Eligibility requirements: General

The FAA did not receive any comments on this section.

Changes

The proposed rule is adopted without substantive change.

§65.103  Repairman certificate: Privileges and limitations

The FAA did not propose any amendments to this section.  The NPRM,
however, included a proposed exception to this section in §65.107 (d).
It provides that §65.103 does not apply to the holder of a repairman
certificate (light-sport aircraft) while that repairman is performing
work under that certificate.  The more appropriate location for this
exception is in a new paragraph (c) of §65.103.  Placing this exception
as new paragraph (c) of §65.103 parallels the structure of paragraph
(b) in §65.101, which includes a provision stating that the section
does not apply to the issuance of repairman certificates (experimental
aircraft builder) under §65.104.  The FAA is making this editorial
revision in this final rule.

Changes

The provisions of proposed §65.107 (d) are added as new paragraph (c)
of §65.103 in the final rule.

Section 65.107  Repairman certificate (light-sport aircraft):
Eligibility, privileges and limits

Under §65.107, the FAA proposed requirements for acquiring a repairman
(light-sport aircraft) certificate.  The FAA received numerous comments
on this proposed section.

A few commenters felt that the lack of clear guidelines for this section
made it difficult to comment on its viability.  One organization
reserved opinion on this section, stating that it could not properly
comment until reviewing the consensus standards that would control
implementation of this rule.  The FAA addresses this comment in the
discussion of the definition of “consensus standard” under §1.1.

Several commenters expressed concern that the FAA has been allowing
repairman standards to steadily decline over the years, and that the
proposed rule would only further compromise safety.  The FAA disagrees
and points out that the privileges and limitations for repairmen found
in part 65 have not changed since 1980.

Some commenters felt that the maintenance training course hour
requirements were excessive and would inhibit owners of light-sport
aircraft from performing preventive maintenance on their aircraft.  This
rule establishes a repairman certificate (light-sport aircraft) with two
ratings--inspection and maintenance.  The rule sets the training
required to qualify for a repairman certificate (light-sport aircraft)
with an inspection rating at 16 hours.  The training required for a
repairman (light-sport aircraft) certificate with a maintenance rating,
as adopted in this final rule, depends on the class of aircraft the
individual repairman wants to maintain.  The FAA had to establish a
training requirement for light sport aircraft repairman certificates
because, unlike a builder of an amateur-built aircraft, the light-sport
aircraft owner cannot show that he or she manufactured the major portion
of the aircraft, and therefore cannot show that he or she would have the
skills necessary to inspect and maintain the light-sport aircraft.

The FAA notes that this rule will not prohibit owners from performing
maintenance on experimental light-sport aircraft. Owner-performed
maintenance is allowed.  However, all experimental light-sport aircraft
operating limitations will require that an annual condition inspection
be performed.  The rule allows an owner of an experimental light-sport
aircraft to perform this inspection only if he or she has obtained a
repairman certificate (light-sport aircraft) with an inspection rating.
To obtain the certificate, an applicant must complete an FAA-accepted
16-hour course on inspecting the same class of light sport aircraft for
which the person intends to exercise the privileges of the certificate
and rating.  The repairman certificate with an inspection rating will
authorize the owner to sign off the annual condition inspection for his
or her own light-sport aircraft issued an experimental certificate under
§21.191 (i).  If an individual wants to maintain other light-sport
aircraft as well, he or she must earn a repairman (light-sport aircraft)
certificate with a maintenance rating.  That person must take an
FAA-accepted course that addresses maintenance of the particular class
of aircraft that he or she desires to work on.

The NTSB commented that, although the FAA referred to minimum training
and testing requirements in the NPRM, no test requirement was specified.
 The NTSB stated that applicants for a repairman certificate should be
required to pass a written examination before being awarded a
maintenance rating, and that that test should include the general
knowledge section of the mechanic certificate written test.  The FAA
agrees.  The final rule includes a requirement that an applicant must
take a training course.  This training course should contain a written
test that the applicant should pass with a minimum score of 80%.  This
is discussed in further detail later in this section.  The test will
include the areas of the general knowledge section of the mechanic
certificate written test that are applicable to light-sport aircraft
that have been issued a special airworthiness certificate for either
experimental or special light-sport aircraft.

As adopted in this final rule, the required hours of training for a
repairman (light-sport aircraft) certificate with a maintenance rating
will depend on the class of light-sport aircraft the applicant intends
to work on.  This rating will allow the repairman to perform annual
condition inspections on both experimental and special light-sport
aircraft, 100-hour inspections on special light-sport aircraft used for
flight training and towing, and maintenance on special light-sport
aircraft.  Since the aircraft a repairman with a maintenance rating will
work on may be used for flight training or towing, and are typically
operated for compensation or hire, the FAA believes that more training
should be required for these repairmen than for repairmen with an
inspection rating.

A couple of commenters suggested that the requirements might force
existing ultralight repairmen to work outside the rules or go out of
business.  The FAA disagrees.  The rule will standardize maintenance
only within the special and experimental light-sport aircraft community
and does not impact those individuals who perform work on ultralight
vehicles operated under part 103.

A few commenters expressed concern over the impracticality of requiring
repairmen to be certificated on each make and model of aircraft they
intend to maintain.  The FAA agrees.  The FAA believes that the
differences between makes and models of aircraft within a specific class
of aircraft are not extensive enough to require an applicant for a
repairman certificate with an inspection rating to successfully complete
a training course for each specific make and model of aircraft on which
that person intends to perform work.  Rather than requiring applicants
for a repairman certificate (light-sport aircraft) with an inspection
rating to complete training on each make and model of aircraft on which
they intend to perform work, the FAA is requiring training to be
completed for each class of aircraft.  Although the FAA proposed that
persons seeking repairman certificate (light-sport aircraft) with a
maintenance rating complete a course on the requirements of a particular
category of light-sport aircraft, the FAA recognizes that, when applied
to aircraft certification, the use of the term “class” is more
appropriate and consistent with the change made for persons seeking a
repairman certificate (light-sport aircraft) with an inspection rating.

Commenters were divided on whether or not the 16-hour training course
requirement for a repairman (light-sport aircraft) with an inspection
rating should be limited to providing privileges for a specific make and
model of experimental light-sport aircraft.  Some thought it was too
long; others thought it was too short.  The 16-hour inspection training
course is designed to train an individual owner with no background in
aviation maintenance or inspection to perform a satisfactory annual
condition inspection on his or her experimental light-sport aircraft
and, on the basis of that inspection, make a determination if that
aircraft is safe to fly.  The FAA understands that some individuals may
have more aviation maintenance experience than others, and part of the
16-hour course they would take may be a review, and that other
individuals taking the training would be receiving new information.
While some individuals will be covering previously learned material, the
FAA believes that to perform an annual condition inspection on an
experimental light-sport aircraft, 16 hours is the minimum amount of
training required to properly train a person with no prior aviation
maintenance experience.

Several commenters thought that the maintenance training course hour
requirements proposed in NPRM were too low to ensure safety.  The FAA
agrees that the required number of hours to obtain a repairman
(light-sport aircraft) certificate, as proposed, would now be
insufficient for some classes of aircraft because the changes adopted in
this final rule will increase the use of FAA-approved products on
special light-sport aircraft.  To exercise the privileges of a repairman
certificate with a maintenance rating on aircraft having a special
airworthiness certificate in the light-sport category, airplane class,
the FAA is requiring 120 hours of FAA-accepted maintenance training, and
104 hours of FAA-accepted maintenance training for weight-shift-control
and powered parachute classes.  These additional hours are needed to:

Address part 39 and part 43 requirements for FAA-approved products.

Include additional training elements, to address items such as
type-certificated engines, floats, and composite structures.

Provide more in-depth training on items such as two- and four-cycle
engines, and electrical systems.

	On the other hand, the FAA believes that 80 hours of training is
adequate to perform the annual condition inspection and routine
maintenance, as defined in the manufacturer’s maintenance and
inspections procedures for gliders and lighter-than-air aircraft.

While even these increases in training hours will not satisfy all