www.PSFmagazine.com | December 2018 - January 2019 | 9 8 | December 2018 - January 2019 | Powered Sport Flying Press Pass The faa published a notice of proposed rulemaking (nprm) on 10/24/2018 that would eliminate a prohibition on using experimental light sport aircraft (elsa) for flight training. The old rule was a holdover from when the Sport Pilot Rule was established in 2004. Changing this has long been a priority of the United States Ultralight Association (usua), the Light Aircraft Manufacturers Association (lama) and the Experimental Aircraft Association (eaa). If this rule change becomes reality, then it should expand training opportunities for student pilots and make flight instruction that much more economically viable for sport pilot cfi's. The comment period was a short one, but still nearly 100 people and organizations responded. There was 100% support for such a change, which should make it that much easier to move it through the faa’s rulemaking process. Following are some of the things the faa itself said about the proposed rule. faa Summary The Federal Aviation Administration is proposing to revise its rules concerning the operation of experimental light sport aircraft. The current regulations prohibited the use of these aircraft for flight training for compensation or hire after January 31, 2010. Allowing the use of experimental light sport aircraft for compensation or hire for the purpose of flight training would increase safety by allowing greater access to aircraft that can be used for light sport aircraft and ultralight training. The proposed rule would add language that permits training in experimental light sport aircraft for compensation or hire for the purpose of flight training through existing deviation authority. Executive Summary This rulemaking would amend Title 14 Code of Federal Regulations (cfr) § 91.319(e)(2) to add language that permits training in experimental light sport aircraft (elsa) for compensation or hire through existing deviation authority provided in paragraph (h) of that section. The faa proposes this change to allow for increased availability of flight training aircraft with similar performance and handling characteristics to light sport aircraft and ultralights. This would be accomplished through the issuance of a letter of deviation authority (loda). lodas provide regulatory relief to enable certain operations to be conducted in the interest of safety under specific conditions and limitations. Background Effective September 1, 2004, the faa defined (1) characteristics for a category of simple, small, lightweight, low-performance aircraft; identifying them as light-sport aircraft. (2) Along with defining this group of aircraft, the faa created a new special airworthiness certificate in the light-sport category (special light sport aircraft—slsa) in § 21.190 and added light sport aircraft to the existing special airworthiness certificate in the experimental category (experimental light sport aircraft—elsa) in § 21.191(i). (3) slsa include aircraft manufactured according to an industry consensus standard rather than a type certificate. (4) elsa regulations include provisions for (1) a temporary allowance for migration of so-called “ fat ultralights” that did not conform to 14 cfr part 103, (5) (2) kit-built versions of slsa aircraft, and (3) aircraft previously issued a special airworthiness certificate in the light sport category under § 21.190. Prior to the 2004 light sport rule, the faa had granted exemptions to permit “ fat ultralights”—which did not meet the part 103 requirements—to be used for compensation or hire for the purpose of flight training. Although allowing for greater access to flight training was seen by the faa as having a positive effect on safety, some of the exemptions were used for operations other than for the intended purpose of flight training. With the 2004 light sport rule, the faa eliminated the need for the ultralight flight training exemptions by allowing instructors to conduct flight training in these aircraft until January 31, 2010. As stated in the final rule, a significant purpose of the rule was to certificate those two-seat “ fat-ultralights” previously operated under part 103 training exemptions and those two-seat and single-seat unregistered “ fat-ultralight” aircraft operating outside of the regulations. The faa anticipated that the newly manufactured slsa would replace the former “ fat ultralights” (newly certificated FAA Proposes Rule Change Allowing Training in ELSA Aircraft Support Our Advertisers as elsa) such that flight training in elsa would no longer be necessary. The faa, knowing that the manufacture of the new slsa aircraft would take time, used § 91.319(e) to allow for an extension of the time period to permit the use of properly registered “transitioning” aircraft with elsa airworthiness certificates to be used for flight training by the same owner until January 31, 2010. After that date, those elsa aircraft would no longer be permitted to be used for flight training for compensation or hire and no further ultralight flight training exemptions would be granted. The faa estimated that 60 months would be an adequate amount of time for the new slsa to enter service to replace the elsa and meet flight training demands. The faa also expected that the 60 months would provide the owners of the transitioning elsa with additional time in which to purchase slsa to provide flight instruction under the new rule, thereby delaying replacement costs. In addition, the faa believed the action would further expand the growth of the industry as a whole. However, the anticipated arrival of the new slsa has not materialized in the way that the faa had projected in the final rule, especially for two-seat aircraft used for light sport and ultralight training. There are some two-seat light sport low mass/high drag trainers with slsa airworthiness certificates available on the market for use in flight training, but not in numbers that provide for widespread availability for use in training. Experimental light sport aircraft are good training aircraft for light sport aircraft and ultralight vehicles because they are typically low-mass/high-drag aircraft and have a second seat, which can be occupied by an faa certificated flight instructor. The use of elsa as a training option for light sport aircraft and ultralights provides an avenue for structured flight instruction from an faa certificated flight instructor. While the faa does not see a risk-based need to expand the training requirements for light sport aircraft or ultralights, it does not want to impede individuals who wish to take advantage of flight training that is relevant to the type of aircraft they operate. Additionally, the faa would like to facilitate the availability of training aircraft for new light sport pilots or existing pilots who are transitioning to a low-mass/high-drag aircraft from conventional aircraft. Discussion of the Proposal Recognizing the currently limited supply of adequate aircraft for the flight training of light sport and ultralight operators, the faa proposes to amend § 91.319(e)(2) to add language that permits training in experimental light sport aircraft for compensation or hire through existing deviation authority (loda) provided in paragraph (h) of that section. If adopted, the proposed rule would allow for an owner, operator, or training provider to apply for and receive a training loda, which would allow for the use of experimental light sport aircraft for flight training for compensation or hire. The proposed rule would also allow a flight instructor to receive compensation for providing flight instruction in an experimental light sport aircraft in accordance with the conditions and limitations of a loda.
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