The Bluegrass Ultralight Group   Ultralight Safety Seminar 2001 Jim Stephenson on Sport Pilot

Date: Mon, 12 Feb 2001 19:55:25 -0800 From: "Sam Cox" <lightflyer@email.msn.com> Subject: UL: Sport pilot and Light-Sport Aircraft  On Feb. 9th and 10th at the Airsports Expo in Indianapolis, Arty and I had the privilege to be part of a private briefing by the FAA to the USUA staff on the current state of the Sport pilot program.  It must be noted that because of Ex Parte laws they could not address specific details, i.e. what is the min. number of training hours to receive the Sport pilot rating etc. and other like questions, but did speak very openly about the general direction the project was heading.  On several points those present voiced objection to what we were told, and their response was that the community needed to express those objections in writing during the comment period. AIRMAN CERTIFICATION  Mr. Mike Henry of FAA made the presentation on Airman certification issues.  The FAA expects that in the first two years of Sport pilot there will be 1,000 new Sport pilot instructors, 15,000 new Sport pilots, and from 15,000 to 20,000 new vehicles to be N-numbered. He stated that while the Dept. of Transportation had not approved the Sport pilot program, the most important aspect of it, the D.L. medical, had been discussed with them and it appears at this time that the DOT does not have objection to using it as the medical standard for Sport pilot. From the time that Sport pilot becomes rule, registered ultralight pilots would have a 24 month window of opportunity during which the FAA will accept their documented hours of instruction as meeting the required training hours of the sport pilot certificate. However their solo hours of experience as a ultralight pilot prior to becoming a Sport pilot will not be carried over or count toward a higher ratting. In addition to meeting the time requirements, the applicant will have to take a aeronautical knowledge test administered by a approved FAA testing center, and pass a flight test administered by a FAA Designated Pilot Examiner (DPE).  The Sport pilot rating will allow the holder to fly fixed wing, glider, lighter-than-air, powered parawing, and weight shift vehicles. Rotorcraft will  be excluded from being operated under the Sport pilot certificate. The stated reason was because of the higher number of moving parts and complexity.  A pilot must be 16 years old to solo and hold a student Sport pilot rating. A pilot must be 17 years old to hold the Sport pilot rating and 18 years old to hold a Sport pilot instructor rating.  Mr. Henry offered that it may require 200 hours of flight experience to qualify for the SPI rating.   Registered ultralight instructors would have a 36 month window of opportunity to have their hours of instruction and hours of logged flight experience count toward the SPI rating.  SPI's may be designated by the FAA to administer the SP written and flight test. The FAA has asked all three Ultralight training exemption holders to submit ideas on how to endorse individuals as Designated Pilot Examiners (DPE), Designated Airworthyness Representatives (DAR), and mechanics with a Inspection Authority (SP-IA).  The FAA will issue only two Sport pilot ratings, Sport pilot-Land and Sport pilot -Sea.  All other privileges will be by instructors log book endorsement.  Sport pilots will be limited to flying Light-Sport Aircraft (see below) by daylight VFR only.  They may fly into class B, C, and D airspace with training and a instructors logbook endorsement. AIRCRAFT CERTIFICATION   The aircraft certification portion of the briefings were presented by Mike Kiesov and Scott Sedgewick of the Kansas City, MO. Aircraft certification and maintenance Division. Aircraft flown by Sport pilots are to be known as "Light-Sport Aircraft."  Light-Sport Aircraft will be defined as being two occupants or less, up to 1232# max. take-off weight, have a 39 kt stall speed, a 115 kt Vne speed, single engine, fixed gear, daylight VFR only, etc.  The target aircraft groups are those that exceed the weight or occupant limits of part 103, new aircraft sold as ready to fly for personal flight, as well as training and rental use, aircraft assembled from kits that do not meet the 51 % Amateur-built rule, and aircraft ineligible for Primary category certification..  EXISTING ONE OR TWO PLACE VEHICLES THAT EXCEED PART 103 LIMITS   All existing aircraft which exceeds part 103 will be eligible to be N-numbered and receive an airworthyness certificate as a "Experimental Light-Sport Aircraft."   There will be a 24 month window of opportunity  to make application to the FAA to have your aircraft receive an airworthyness certificate as an Exp. light-sport aircraft.  If you make application on the last day of the window you may operate your aircraft as an Exp. light-sport aircraft until such time as the FAA processes your application and a DAR inspects your plane.  The DAR will assign a designated number of hours and area that you must fly the plane solo till the restrictions are lifted.  On existing planes, the DAR may waive this requirement if evidence exist that the plane has been safely flown for a number of hours prior to the new rule. Operating restrictions will be similar to part 103. EXISTING TRAINERS  Two place aircraft that are registered with one of the training exemption holders, and used for training will be allowed a 36 month window of opportunity to make application to the FAA to become Exp. light-sport aircraft. Two place aircraft registered with one of the exemption holders up to 36 months AFTER Sport pilot becomes rule will be allowed to be used for training for hire for the life of that airplane. AIRCRAFT MANUFACTURED AFTER SPORT PILOT BECOMES RULE   All new aircraft that fit this category manufactured after the Sport pilot becomes rule will be issued a Special Airworthiness Certificate.  All kit built aircraft will receive a "Kit-built Light-Sport Aircraft" airworthiness certificate and a factory built plane will receive a "Special Light-Sport Aircraft" airworthiness certificate. To qualify for these certificates the aircraft must meet "industry standards" for aircraft design (airworthiness), Manufacture (quality assurance), and production.  These "industry standards will be developed by the industry without direct FAA oversight. The FAA will not approve these standards.  Each  kit and completed aircraft that leaves the factory will have a manufacturer's "statement of compliance" to those standards with it.  To sell a Light-Sport kit, the manufacturer must hold a Special airworthiness certificate issued from the FAA for that make and model aircraft. In other words he must have a flying prototype before he can sell kits. The manufacturer must provide with each aircraft/kit a "statement of compliance" that it meets the industry standard.  All aircraft sold as completed must be in a condition for safe flight.  The manufacturer must provide with each aircraft/kit a pilot operating handbook, manufacturer's maintenance schedule, and manufacturer's "statement of compliance."   For aircraft sold completed, the manufacturer is responsible for the continued airworthiness support (must provide newsletters / AD type notices on problems).  ALL aircraft sold as completed aircraft must undergo an inspection every 100 hours by a qualified A&P mechanic.   A manufacturer may sell kit aircraft with up to 99% of the work completed.  The purchaser would then do the remaining 1% of the work (bolt the wings on?) and apply for a "Kit-Built Light Sport Aircraft" airworthyness certificate. The manufacturer would then not be the certificate holder and the "builder" would hold a repairman's certificate and would be responsible to maintain the aircraft per the manufacturers instructions (parts replacement schedule, etc.) and perform the annual condition report. FAA expects ASC/EAA/USUA to develop training programs that would allow a person to purchase a used flying airplane, attend a repairmans class,  then receive a repairman's certificate for that airplane. TRAINERS AND RENTAL PLANES    ALL trainers not grandfather in within the 36 months window of opportunity, and ALL rental aircraft would be required to be 100% factory built.  They would require an inspection every 100 hours performed by a qualified A&P mechanic. NPRM The U.S. Ultralight Association has committed to putting the text of the NPRM on their website (www.usua.com) as soon as it is published.    Mr. Henry stated that the FAA now expects the NPRM to be published sometime in April with a 60 day comment period.  They must consider and reply to each written comment submitted. He stated that they hoped to do that within a 6 month time frame so that the rule could be final by the end of this year. Sam Cox http://www.dfwliteflyers.org

Larry Burke, 
President   Light Aircraft Manufacturers Association   
22 Deer Oaks Court   Pleasanton, 
CA 94588   
925-426-077l (Fax: same)  

Dear Light Aircraft Community: This note is to provide my understanding of the FAA plans regarding the upcoming proposed rulemaking on Sport Aircraft/Sport Pilot. 

Please understand that until the NPRM is issued by the FAA (now planned for sometime after Sun/Fun) what I will report, and what others have already reported in the various magazines is a snapshot in time, and may not accurately reflect what the NPRM will state. 

However it is the latest and best information out of the mouths of the FAA promoting the NPRM,and thus is worth reading about and preparing for a planned FAA presentation on the subject at Sun/Fun. 

The idea here is to think about this and be prepared to ask the FAA lots of questions at Sun/Fun. If, by some act of providence the NPRM come out before Sun/Fun, then all you manufacturers attending will have something to coordinate your comments to.  90 days to comment to this NPRM is a short time indeed considering you all have businesses to run. 

FIRST SOME SUMMARY;           
* There is no plans in the NPRM for light aircraft towing of hang gliders.  This will not be considered until two years have passed after the rule is formalized.      
* Rotorcraft/hovercraft will not be a part of the NPRM.           * If it is called "reposition able" gear rather than retractable, it will be allowed. (This was to avoid FAA HQ problems with retractable gear on float planes)           
* Mike Henry, Manager, General Aviation and Commercial Division Flight Standards Service, AFS-800 is the project manager for the NPRM.  Sue Gardner, who works for Mike, is the national Program Manager for Sport Aviation.  (Mike: michael.henry@faa.gov  Sue:Sue.gardner@faa.gov)  
Mike Gallagher, Manager Small Airplane Directorate, Kansas City is working on the Sport Aircraft side, Scott Sedgwick, works for Mike, is the lead person. (scott.sedgwick@faa.gov)           
* There are two levels of certification for training aircraft.  One requiring manufactures certification meeting some industry (recognized) air worthiness standard plus FAA DAR inspection for new two-place training aircraft,

One requiring manufacturers certification of safe operation (implied meeting some standard)for existing two-place training aircraft (grandfather) Inspection required each l00 hours or annually by a FAA A&E.  Existing A&E can apply for FAA Sport certificate.             .

Note that 2 years will be allowed to submit documentation to grandfather in, even though the aircraft may not be completed or operating.           

* A special experimental category is available, no longer requiring 5l% to be completed by builder for non-training purposes.  But useable by a Sport Pilot for recreational flying with a passenger.  This category also allows the owner to maintain, etc. the aircraft provided the owner has a repairman certificate.  
FAA will issue.           
*After the 90 day comment period, the FAA has up to 6 months to address comments.  Thus the NPRM could maybe be issued in early 2002.           
* Sport Pilot will have student, pilot, and flight instructor certificates issued by the FAA.           
* Sport aircraft will have N-numbers and certificates of airworthiness issued by the FAA.           
* Training will continue as before utilizing current ultralight and heavier two- place trainers, such as USUA etc, but to the new requirements to be defined.  Existing flight instructors, ultralight, will have to pass Sport proficiency.  Could be simple endorsement by CFI. Existing FAA CFI will have to pass proficiency. May be simple endorsement.    

* Drivers license is proposed in lieu of medical for pilots.  FAA is thinking about adding Sport Pilot, with proper log book endorsements, to the regular pilots certificate.    
* Pilots must be checked out in each land and water ultralight, sport light aircraft, hang glider, trike, weight shift, and powered parachute and have a log book endorsement by CFI to operate and carry one only passenger.          
 * Max power cruise speed will be a mandatory part of NPRM, but speed, currently at ll5 kts is negotiable.  LAMA std allows l47 mph (l28 kts).  FAA understands that stating Vs1 at 44 kts really defines top speed, and accordingly need not be specified like European microlights but elements (read that lawyers) of the FAA are demanding it be included.           * Given wgt. allowance is l232 lbs, max T.O., FAA understands that some Cubs and Aeroncas will be included.  Allows flying by Sport Pilots without 3-class medical with CFI endorsement.           
* FAA is meeting with Transport Canada to allow Sport Aircraft to be flown into Canada.           
*  No changes to Part l03, except that the exemption for 2-place training will be discontinued.  All "ultralight" training will be in certified Sport Aircraft 2-place.  Pilots will still be required to meet ultralight standards, and can fly a single place ultralight without certificate and without medical.  Will there be any difference between ultralight pilot and sport pilot training?  Why go to single place when you can fly your friend in a two place? What do you think?           
* The FAA focus with Sport Aircraft is to grandfather in the entire fleet of two-place aircraft, trainers or not, that fit into the Sport Aircraft performance and weight limitations.  This fleet of aircraft may also include new aircraft yet to be offered by the manufacturers, provided the manufacturer applies in the grandfather window of time.  FAA feels that manufacturer may have up to 4 years to grandfather in aircraft as "existing" rather than submit to DAR detail inspections, etc.           
*Simplified process is proposed:  Present to DAR Mfg. affidavit of compliance of aircraft tested and manufactured for safe operation.  DAR inspects airplane. New N-number and certificate is issued by FAA.  (Grandfather)  For new aircraft: note earlier detailed analyses, testing, flight testing, all witnessed by DAR.  Note window of opportunity for "new" aircraft to get in application for grandfathering in time.            * Manufacturer will be accountable for issuing maintenance requirements, and also training requirements to safely operate aircraft.  manufacturer will be responsible for continued safety of aircraft.   AD-like notices are proposed. 

QUESTIONS ASKED: ANSWERS GIVEN BY FAA:
 
Ql: I'm not first owner?  
Apply to FAA with 24 months for Sport experimental certificate. 

Q2: My aircraft exceeded l03 weight. Will I be prosecuted for operating all these years illegally? Nope.  FAA only interested in future. 

Q3: I have a private license without medical and BFI?  Will be able to fly any Sport Aircraft with checkout and CFI logbook endorsement. 

Q4: I'm a current private?  Simple log book endorsement. (see FAA thoughts about private pilots) 

Q5: I'm FAA CFI without medical?  Can train Sport Pilot with CFI endorsement. 

Q6: Problems with taking 2-seat U/L trainer out of Part l03 exemption and putting into FAA commercial world?  We do not see any.  FAA is raising safety certitude from no documents (zero) to some place higher and allowing flying for fun, and carrying a passenger without a private certificate. 

Q7: What about stored Aircraft?  Pass your sport pilot.  Grandfather your aircraft into Sport Experimental. 

Q8: I've flown l03 ultralights for l5 years.  Do I have to go thru new training?  No.  Endorsement in Log book will be sufficient if member of recognized training organization.  (EAA,USUA ASC, etc.)  Your CFI will still quiz you on Sport pilot knowledge and flying skills. Should be easy for you. 

Q9: Member of named organizations, but not registered?  Must be registered to receive credit for hours flown. 

Ql0: Who provides the "new" sport pilot training cirriculum?  The industry provides.  They know best the proficiency requirements for their particular aircraft.  We expect they will coordinate this with the various training facilities and the recognized training organizations. 

Qll: What does "grandfather" existing pilots of all categories mean? You will get credit for your flying hours in whatever, but you will still have to pass the Sport Pilot written, oral, and flight tests. We do not see this a problem.  Probably what your already know, except for a log book endorsement on the aircraft your wish to fly, will be sufficient. 

Ql2: Why have you not including towing of hang gliders?  It is not a commercial operation, done by most of the clubs with owned aircraft. HQ decided.  Please submit during the comment period.  (I would suggest writing to Bill Henry now)  What about towing small gliders? 

Ql3: Existing U/L trainers to be Grandfathered?  Yes. (refer to earlier summary) 

Ql4: Maintenance details required?  FAA said they would pass on this one.  Manufacturers' comments? 

Ql5: If a pilot is also A&E, can do own maintenance?  FAA does not know for sure, but suggests that some knowledge of the sport aircraft would also be required.  A certificate to work on Sport Aircraft once knowledge is demonstrated? 

Ql6: Qualified A&E can charge for repairs. 

Ql7: Until exemption expires, hang gliders can continue to be towed. Please submit during comment period. 

Ql8: Most owners of aircraft under Sport Aircraft, except for those used for training, will be Grandfathered in as Sport Aircraft Repairpersons.  (I almost said "repairmen") 

Ql9: In Flight Standards our culture is really limited to inspection of air transport safety oversight for air carriers.  We have neither the resources or charter to mess with General Aviation or Sport Aircraft/Sport Pilot.  We expect the industry to be self-regulating. We plan to file, but not review any of the documentation submitted to us.  The DAR will see the details for "new" aircraft used as trainers, but we will rely entirely on their reports to us.  If the DAR says to Grandfather and issue numbers and a certificate, we will do so.  
If the DAR says the "new" aircraft meets some recognized airworthiness and manufacturing quality control standards and is ready for an number and certificate, that's good enough for us.  Our whole purpose her is to legitimize carrying of a passenger for fun, to train as before, but in heavier aircraft than the Part l03 training exemption, and to allow pilot certification without medical.  In turn, we want some certitude for the benefit of HQ (read that lawyers) that the aircraft meets some requirement so notarized by the manufacturer. 
 The requirements need be no more stringent than the manufacturers are now building their historically safe aircraft to. 

Q20: Key thing is to be checked out with log book endorsement in each light aircraft one chooses to operate.  Given that and your Sport Pilot rating and your driver's license, and your ready to carry passengers for fun. If you wish to forward your comments to me and also the FAA, right now is a good time, then I will be made aware of what the community is thinking.   I am meeting regularly with the FAA during this period prior to the  NPRM, but that will all stop once the NPRM is released for comment.  Then things become formal.  

If you have your own methods of communicating with the FAA of course that is fine.  I am not saying I have all the answers, but yours truely presently has the FAA ear, and if you wish, representing your wishes will carry a lot more influence during the discussion period than each manufacturer piecemeal.