By Joe Gregor
At the end of this 90-day period the FAA will consider and respond to comments concerning the impact and structure of the proposed changes to Federal Regulation. This article presents a summary of the proposed new certification structure, outlines the specifics of the method proposed for transitioning pilots and aircraft, and discusses some of the implications of the rules for our sports. Much of this material may seem peripheral to you, especially if you are a mountain pilot, but trust me when I tell you that it is relevant. This proposal would affect our sports, possibly significantly, and especially with regard to our flight parks. This is not a "fun" article, and for that I apologize, but some knowledge of the whole is required in order to understand both how we fit in and what the likely effect will be on our sports. Please make an effort to slog through this as best you can -- it is important.
What we once referred to as Federal Aviation Regulations (FAR's) is now contained within Chapter 14 of the Code of Federal Regulation (14 CFR). The old FAR Part 103 is now known as 14 CFR 103. The "Certification of Aircraft and Airmen for Operation of Light Sport Aircraft, Proposed Rule" (Sport Pilot) is not merely a modification of existing regulation. It is a well-thought-out system designed to govern the certification and regulation of non-Part 103 compliant ultralight aircraft and pilots. In addition to creating a new category of aircraft airworthiness certificate and a new pilot certificate (via the Sport Pilot Special Federal Aviation Regulation), the NPRM proposes to change existing regulations governing private pilots, and aims to eliminate the need for exemptions to Part 103. Some of these changes promise to have a significant impact on the sports of hang gliding and paragliding.
Overview of the NPRM
The Sport Pilot SFAR is designed to address three issues of special importance to the FAA: 1) safety and rules enforcement problems related to the operation of powered ultralights, 2) the continued health and growth of the U.S. general aviation sector, and 3) the elimination of long-term exemptions to Part 103. In order to address these issues the FAA proposes a comprehensive and well-thought-out revision to several sections of 14 CFR. The proposed changes include the creation of a new category of airworthiness certificate and a new pilot certificate.
Overweight and two-place ultralight aircraft, which exceed the specifications for operation under Part 103, could be issued a Light Sport Aircraft (LSA) airworthiness certificate. These aircraft would be limited to two occupants, 1,232 pounds takeoff weight, 39- to 44-knot stall speed (depending on configuration), 115-knot Vmax, single reciprocating engine, fixed-pitch propeller, and fixed landing gear. A new pilot certificate with requirements and privileges below those of a private pilot, the Sport Pilot certificate, would permit pilots to fly LSA with a minimum amount of training commensurate with safety. Sport pilot certificate holders would be restricted to daytime VFR operations below 10,000' MSL (or 2,000' AGL, whichever is higher), would not be permitted to carry passengers for compensation or hire, and would not be permitted to tow any object. Additional training would be required to fly LSA with a maximum level-flight cruising speed greater than 87 knots, or to fly in Class B/C/D airspace.
Light Sport Aircraft
The FAA proposes to create a new "special light sport aircraft" airworthiness certificate, intended for new-built aircraft, designed, constructed and sold under the new rule. A new "experimental light sport aircraft" airworthiness certificate will be created for certifying existing non-Part 103 compliant ultralights, as well as those newly built and sold before the final rule is in place. Aircraft manufacturers would be required to meet certain conditions in order for their products to qualify for certification as special category LSA.
First and foremost, manufacturers would have to develop and adhere to a set of industry "consensus standards" dictating aircraft design and maintenance, manufacturing quality assurance, and production acceptance and testing. Some of these functions are already being performed in one sense or another, but compliance would require extra effort on the part of manufacturers. One manufacturer estimates that it would add $6,000 to the cost of the aircraft they produce. The consensus standards would also require manufacturers to develop and implement a system to monitor and ensure the operational safety of the aircraft that they have produced. This means that manufacturers will be tasked with taking on some of the duties currently performed by the FAA for the general aviation sector -- to investigate incidents and accidents and to issue advisories designed to maintain and improve aviation safety. Manufacturers would be required to monitor the use and accident history of the aircraft they have produced, and take action to maintain the safety of their "fleet." This could impose a significant financial and legal burden on manufacturers. If a manufacturer fails under such a burden, responsibility for monitoring the aircraft must be transferred to another entity. Otherwise, those now unsupported aircraft may (will) lose their special category certification and be effectively grounded unless the owner obtains an experimental certificate for his aircraft.
Maintenance requirements for LSA would parallel those for the general aviation sector. Aircraft must be maintained to standards mandated by the manufacturer in accordance with the industry consensus standards and could not be substantially modified without losing certification. Annual condition inspections by certified maintenance personnel would be required. Aircraft used for flight instruction would require inspection every 100 flying hours as well. Sport Pilot proposes to significantly reduce the burden on owners and pilots by permitting them to perform their own routine maintenance after meeting modest training requirements. These would include completion of a 16-hour maintenance course for the appropriate aircraft, make and model, to maintain an LSA with an "experimental" certificate that the maintainer owns, or an 80-hour course for an LSA with a "special" certificate. It should be noted that PAMA, the Professional Aviation Maintenance Organization, has already taken a negative position on this provision.
Light Sport Pilots
In order to qualify for a sport pilot certificate the prospective pilot would have to meet certain training, flight experience and evaluation requirements. These include completion of an approved ground-training program from a qualified instructor, 20 hours of total flight time including five hours solo, and passage of a written and practical test administered by an FAA-approved, designated pilot examiner (DPE). The required ground training would encompass a wide body of knowledge, including: rules and regulations, weather, the use of aeronautical resources (charts, NOTAMS, the Airmen's Information Manual, etc.), aircraft preflight and in-flight operation, weight and balance, takeoff and landing data calculations, and NTSB accident reporting procedures. Training from a certified instructor and a logbook endorsement would be required before the candidate could take the written and practical tests. The practical test (check ride) must be administered by an instructor other than the one who gave the initial training and logbook endorsement.
The successful sport pilot certificate holder would be permitted to fly an LSA of the same category/class, make and model as used in training. Pilots wishing to transition to a different make and model within the same category/class (to a Moyes Dragonfly from a Kolb FireStar, for example) would require additional training from an authorized instructor who could grant the new privileges via logbook endorsement. Pilots wishing to transition to an LSA of a different category/class (to a three-axis aircraft from a trike, for example) must first obtain training in the new category/class, make and model of aircraft they wish to fly from an authorized instructor. They would then be required to pass a practical test administered by a different authorized instructor. The new privileges would again be granted via logbook endorsement.
Sport Pilot Instructors
Sport Pilot Instructors, in addition to meeting all of the requirements for the Sport Pilot certificate, must receive and log training in a broad range of categories, including: fundamentals of flight, pre-flight procedures, airport operations, in-flight maneuvers (performance, ground reference, slow flight, stalls, spins, etc.), emergency procedures, and post-flight procedures. Instructors must also receive and log ground training in the Fundamentals of Instruction.
Aeronautical experience requirements include 150 hours of flight time with 100 hours as pilot-in-command, 50 hours single-engine, 25 hours cross-country, 10 hours cross-country in a single-engine aircraft, and 15 hours as pilot-in-command in an LSA. Once all of these requirements are met, the candidate is eligible to take the written test and practical tests. Instructors will be authorized to offer instruction for any make and model aircraft in which they have logged more than five hours of flight time. In addition, they must have logged up to 150 hours of flight time (depending on type) in the same category/class as the aircraft in which they wish to give instruction.
Given the large number of available makes and models, this could represent a significant burden on instructors, and/or severely dilute the range of choices a prospective pilot has for obtaining instruction in any particular aircraft. The FAA recognizes this, and the NPRM makes some mention of working with the industry to lump together similar aircraft to mitigate this problem. No specifics are given, however, and this compromise may never materialize.
Sport pilots and sport pilot instructors will be required to meet many of the provisions of 14 CFR 61, just like any other certificated pilot. These include medical certification and currency requirements. The medical will be handled fairly painlessly by requiring that the pilot hold a valid driver's license or FAA medical. If a pilot chooses the driver's-license method he would be limited by any restrictions on that license (such as wearing glasses), and if he lost the license, either physically or by court order, he would be grounded until he got it back again.
Currency requirements include, but are not limited to, the standard three takeoffs and landings per quarter in order to carry passengers, along with a biannual flight review. Instructors will be required to demonstrate a certain minimum level of activity in terms of students trained and successfully granted sport pilot certificates. Instructors falling below the specified level of activity will be required to take and pass a biannual instructor check ride. Instructors will be required to log all ground instruction, flight instruction, certificates, ratings and endorsements they give in the course of their duties.
This has been a quick and dirty outline describing the basic features of the new system, as proposed. It is neither exhaustive nor comprehensive; there is a great deal more to digest. Hopefully, it gives you some idea of the final result the FAA has in mind. How we get from here to there is the next question. There is currently a large community of ultralight pilots operating aircraft that will be required to transition to this new system -- more than 9,000 according to FAA estimates. A great deal of thought has been given to how this transition should be accomplished, and I will discuss that aspect of the NPRM next.
Implementing Sport Pilot
Some provision must be made for obtaining the initial cadre of instructors and DPE's needed to train and certify new sport pilot candidates. The FAA plans to leverage the existing infrastructure within the ultralight community to provide these services. Advanced instructors who are registered with the three FAA-recognized ultralight organizations -- the US Ultralight Association (USUA), the Aero Sports Connection (ASC), and the Experimental Aircraft Association (EAA) -- will be given standard FAA-designated examiner training and "blessed" under 14 CFR Part 183 as representatives of the FAA. (Note that the USHPA is specifically not included here.) This initial cadre of DPE's will train and certify a pool of flight instructors who will, in turn, train and certify new sport pilots. The FAA realizes that this process will take time. Ultralight pilots currently operating under Part 103 may continue to do so for 24 to 36 months after final publication of this rule. After this time, the FAA expects to begin enforcement of all Part 103 provisions.
Transitioning Pilots and Instructors
Ultralight pilots who are current, rated members of the USUA, ASC, or EAA would be given credit for having met the ground training, flight training and flight experience requirements for the sport pilot certificate. They would still be required to pass a written and practical test. Application must be made within 24 months (and completed within 36 months) of publication of the final rule. Ultralight instructors who are members of the "big three" and have passed the Fundamentals of Instruction test would be given credit for having met the aeronautical knowledge, ground training and flight experience requirements for the sport pilot instructor certificate. In order to get their sport pilot instructor certificates they would first have to obtain a sport pilot or private pilot certificate. They would then have to pass a written and practical test for sport pilot instructors. They would still have to meet the 150-hour total flight time in category/class experience requirement, but this could be done using time logged previously as a certified ultralight pilot.
Transitioning Aircraft
There is a large fleet of existing ultralight aircraft that are not legal under Part 103 and fall within the parameters of LSA. In order to permit continued operation of these aircraft, once the 36-month window closes, the FAA proposes to create an "experimental light sport aircraft" airworthiness certificate. The "experimental" certificate is intended for those existing aircraft that meet the requirements to be certified as an LSA, but were built before the agreed-upon industry consensus standards took effect. Application to register these aircraft must be made within 24 months of the effective date of the Sport Pilot SFAR, and certification must be completed within 36 months of this date. During this transition period, owners may continue to operate these aircraft for compensation or hire while conducting flight training. After this time, they may still be used for training, but not for compensation or hire. Owners of "experimental" LSA may apply to the FAA for a "letter of deviation" to continue to operate their aircraft for compensation or hire after the transition period, but only for the conduct of training. A letter of deviation is similar to an exemption, only the decision authority in this case is the Administrator, and letters of deviation do not necessarily expire as do most exemptions. A letter of deviation is normally granted for a specific event or type of event, and must be requested at least 60 days ahead of time.
Implications for the Sports of Hang Gliding and Paragliding
The long-term implications of Sport Pilot on the hang gliding and paragliding community are impossible to predict with accuracy. The new rule, as currently proposed, would no doubt have some effect on the continued availability of tugs capable of towing hang gliders aloft. It can be expected to increase operating costs as well. Much will depend upon the increased understanding the FAA gains, and the adjustments made, as a result of the NPRM comment process.
The near-term effects of the Sport Pilot initiative, as proposed, are more easily deduced. In this regard the ultralight soaring community can be roughly divided into two camps. Mountain pilots who clearly and legally operate under Part 103 (without the need for exemption) can expect business as usual, at least for the near term. Part 103 remains untouched for now. Flatland pilots who utilize aerotowing will see some changes, however.
Effect on Flight Parks
For reasons of safety and efficiency, many of the tugs used at our flight parks fall outside the parameters of Part 103. The power needed to safely and efficiently tow a hang glider aloft, together with safety devices like ballistic chutes and sturdy airframes, make these tugs overweight in many cases. The need to train new tug pilots makes two-place capability important. Under Sport Pilot these tugs will be required to register and operate as light sport aircraft. Owners will have to register their aircraft with the FAA within 24 months of publication of the final rule. The aircraft must then be inspected by a qualified FAA representative and an airworthiness certificate issued within 36 months of that date. If the aircraft was imported, there are additional conditions involving agreements between the civil aviation authorities of the two countries that are beyond the scope of this article, but which may affect some of our operations.
Once the tug is made legal to fly, flight park operators will need to maintain their aircraft in accordance with Federal Regulation. Someone at the shop will probably need to obtain a maintenance certification, so that the flight park can economically maintain its tugs and satisfy the periodic inspection requirements. Presumably, the tug manufacturers will be the ones designing and delivering these training programs. Maintainers will be required to attend a separate training course of the specified number of hours for each make and model aircraft that is owned and operated by the flight park.
Flight park operators would initially have to contend with restrictions on the allowable uses of an "experimental" LSA. The new proposed rule would allow for the use of these aircraft for compensation or hire, but only while conducting flight training, and only during the 36-month transition period. After this transition period, an experimental LSA may no longer be operated for compensation or hire, for any purpose. While the proposed rule does state that a letter of deviation can be requested permitting such use, the NPRM also specifically states: "This provision would not be intended to allow commercial operators to establish training schools using experimental aircraft." Given this, we should not expect to obtain blanket permission allowing our aerotowing operations to continue as before. Expect existing ultralight tugs, as well as any produced and sold before industry consensus standards are developed and implemented, to be restricted in usefulness after the 36-month transition period.
Flight park operators would also need to make provisions for obtaining pilots who can legally fly LSA for the purpose of towing hang gliders aloft. While there is no explicit prohibition against using LSA to tow hang gliders, a sport pilot would be explicitly prohibited from towing any object. The FAA believes that a level of experience and training above that of sport pilot should be required for this type of activity. The NPRM points out that the holder of a Private Pilot certificate may, with proper training and experience, conduct towing operations. This new rule would amend the Private Pilot certificate to include a weight-shift category/class rating, so that private pilots could, with the proper training and endorsements, fly trikes as well as three-axis aircraft. The implications are clear: flight park owners would be required to have their tug drivers certified to the private pilot level with a glider towing endorsement within 36 months of publication of the Sport Pilot SFAR. Restrictions on both the sport pilot and private pilot certificates will require that all operations remain on a cost-sharing basis unless the tug driver has a commercial or higher certificate.
One change that directly impacts upon Part 103 is not a part of the Sport Pilot SFAR proper. Rather, it is one of the stated goals of the NPRM: to eliminate the need for Part 103 exemptions. Key among these, from our perspective, are the USHPA exemptions for towing and tandem operations. Loss of these exemptions would pretty much shut down many of our flight parks, which rely on tandem operations and aerotowing to perform their functions. This has been brought up with FAA officials working on the Sport Pilot issue, and we have been assured that their intention is not to strangle the sport of hang gliding. At the same time, the perpetual-exemption issue must be addressed. Among the proposed solutions is a letter of deviation (as discussed earlier in the context of operating LSA for compensation or hire). There is one wrinkle in this plan: The regulation in question must specifically state that deviations may be authorized. This means that an amendment must be made to Part 103 before we can even apply for a letter to deviate from Part 103.
Potential Long-Term Effects on Part 103
The following is largely speculation, but the potential long-term effects of this NPRM on Part 103 -- the regulation upon which we rely for our primary operation -- are too important to ignore entirely. In that spirit I will highlight two obvious concerns. No doubt others will come to light in the course of time.
There are several provisions within the NPRM that don't affect us directly, but set up conditions that may adversely affect the future integrity of Part 103. One example is the 10,000' MSL altitude restriction on sport pilot certificate holders. This creates a situation in which uncertificated pilots flying unregistered aircraft enjoy greater privileges than certificated pilots flying proven designs. It is easy to see how, in the future, the absurdity of this situation is likely to prompt a call for future amendments to Part 103.
Our chief concern, however, may be for the continued viability of Part 103 itself once the Sport Pilot SFAR becomes law. In addition to service and support, our flight parks serve as an important source of new pilots. Depending on its final form, Sport Pilot may have the effect of reducing our ability to recruit and train these new pilots. In addition, FAA estimates indicate that approximately 9,000 pilots will initially seek sport pilot certification. The vast majority will do so, because they must, in order to continue flying their fat or two-place ultralights. The flying membership of the USUA is approximately 11,000. The numbers seem to indicate that a large percentage, perhaps even a majority, of pilots will be leaving Part 103 to operate under the new Sport Pilot SFAR. Legal users and advocates of Part 103 will be diluted significantly, both in numbers and in clout. Those remaining may be ill equipped to fend off potential future regulatory action aimed at changing or eliminating Part 103.
Summary
The Sport Pilot NPRM lays out a comprehensive system to begin regulating those three-axis, trike, and powered-parachute type ultralights that currently fail to meet the requirements to operate legally under Part 103, for reasons of gross weight, fuel capacity, top speed and payload capability (namely, the ability to carry passengers). By certifying these pilots and their aircraft the FAA believes that it can improve safety by enhancing training, improving aircraft maintenance, and by providing for better enforcement. Sport pilots and light sport aircraft, unlike pilots and aircraft operating under Part 103, will have certificates that can be yanked in the event of non-compliance.
Sport Pilot is also designed to act as a low-cost entry point for prospective pilots who, it is hoped, will move on to higher-level certificates. With the downsizing of the military and the gradual contraction of the general aviation sector, the pipeline for new pilots coming up through the ranks is shrinking. The maintenance of this pipeline is of great importance to the U.S. aviation industry and the economy as a whole. The NPRM proposes to add two new aircraft category/class ratings -- powered parachute and weight-shift control (land/sea) -- to the Private Pilot certificate. Airtime logged while operating as a Sport Pilot may be applied toward the requirements of a higher-level certificate. Sport Pilot is carefully designed to help rejuvenate the general aviation sector and refill that pipeline.
Public safety and economic security are big issues. It is clear that, barring some unforeseen event, Sport Pilot will not go away. Nor is it likely to undergo substantial modification due to the protests of a few fringe users of the national airspace system. Given this, what can or should we do?
First, our best intelligence is that the FAA is not out to shut down our flight parks or otherwise compromise hang gliding and paragliding in the U.S. Any negative effects of the Sport Pilot initiative are unintended. Given this, we can expect officials in Washington to do their best to accommodate our needs, within certain limits. These limits will be set by the resources available to work on the problems and constraints set by the "needs of the many," which this new rule is designed to meet. We will enjoy the greatest likelihood of success if we seek minimal modification of the rule consistent with our own needs. Rights-based arguments will almost certainly fail. Arguments based on safety and economic impact hold the greatest promise for success. Quantitative justifications (numbers) will carry far more weight than qualitative ones.
We should strive to obtain as much as we possibly can in the regulation itself. Promises of future exemptions and approval for letters of deviation are fine, but both are less certain and less durable than being blessed under regulation. The USHPA Sport Pilot Task Force is working on an official statement and a set of recommendations. These should be out by the time you read this article. Read them and consider them carefully before taking any action on your own. We must act as a team if we are to obtain a good result for ourselves and the future.
Key:
ASC Aero Sport Connection
CFR - Code of Federal Regulation
DPE - Designated Pilot Examiner
EAA - Experimental Aircraft Association
FAA - Federal Aviation Administration
FAR - Federal Aviation Regulation
LSA - Light Sport Aircraft
NPRM - Notice of Proposed Rulemaking
SFAR - Special Federal Aviation Regulation
USHPA - You know
USUA - US Ultralight Association
DISCLAIMER: I want to emphasize that this article is intended as a primer. There has been insufficient time thus far to conduct an exhaustive or comprehensive study. In addition, I cannot guarantee 100% accuracy. I encourage you to use this work as a starting point for your own investigations.