Proposed Rule2023-13024
Removal of the Date Restriction for Flight Training in Experimental Light Sport Aircraft; Withdrawal
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Published
June 23, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is withdrawing a previously published notice of proposed rulemaking that proposed to amend the regulations governing the operating limitations for certain experimental light-sport aircraft. The rulemaking proposed to remove the date restriction that currently prevents flight training on these aircraft and add language to permit training in certain experimental light-sport aircraft for compensation or hire through existing deviation authority. The FAA is withdrawing this action because the FAA is concurrently publishing a notice of proposed rulemaking to address the framework of flight training in certain aircraft holding special airworthiness certificates, which will include experimental light-sport aircraft.
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<title>Federal Register, Volume 88 Issue 120 (Friday, June 23, 2023)</title>
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[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Proposed Rules]
[Pages 41045-41046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13024]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 /
Proposed Rules
[[Page 41045]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2018-0926; Notice No. 18-02A]
RIN 2120-AL09
Removal of the Date Restriction for Flight Training in
Experimental Light Sport Aircraft; Withdrawal
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); withdrawal.
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SUMMARY: The FAA is withdrawing a previously published notice of
proposed rulemaking that proposed to amend the regulations governing
the operating limitations for certain experimental light-sport
aircraft. The rulemaking proposed to remove the date restriction that
currently prevents flight training on these aircraft and add language
to permit training in certain experimental light-sport aircraft for
compensation or hire through existing deviation authority. The FAA is
withdrawing this action because the FAA is concurrently publishing a
notice of proposed rulemaking to address the framework of flight
training in certain aircraft holding special airworthiness
certificates, which will include experimental light-sport aircraft.
DATES: The NPRM published on October 24, 2018, at 83 FR 53590 is
withdrawn, as of June 23, 2023.
FOR FURTHER INFORMATION CONTACT: Jabari Raphael, General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-1088; email <a href="/cdn-cgi/l/email-protection#deb4bfbcbfacb7f0acbfaeb6bfbbb29eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="573d363536253e792536273f36323b1731363679303821">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On October 24, 2018, the FAA published a notice of proposed
rulemaking (NPRM) titled ``Removal of the Date Restriction for Flight
Training in Experimental Light Sport Aircraft'' in the Federal Register
\1\ (ELSA NPRM). In the NPRM, the FAA proposed to revise regulations
concerning the operation of experimental light-sport aircraft (ELSA).
The rulemaking proposed to amend Sec. 91.319(e)(2) of Title 14 of the
Code of Federal Regulations (14 CFR) to add language to explicitly
permit training in ELSA for compensation or hire through existing
deviation authority provided in Sec. 91.319(h). Through Sec.
91.319(h), the FAA may issue a letter of deviation authority (LODA)
providing relief from Sec. 91.319(a) for the purpose of conducting
flight training; accordingly, the NPRM proposed to add relief from
paragraph (e)(2) through this established process. The FAA proposed
this change to increase safety to facilitate the increased availability
of aircraft with similar performance and handling characteristics to
light-sport aircraft and ultralights to be used for training.
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\1\ 83 FR 53590.
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The NPRM comment period closed on November 23, 2018. The FAA
received a total of 99 comments to the NPRM, submitted by individuals
and the Experimental Aircraft Association (EAA). All of the comments
expressed general support for the proposed changes in the NPRM, with
some comments requesting that the FAA consider additional regulatory
revisions, which were out of scope of the proposed rule. These comments
are no longer applicable given the scope of the subsequently discussed
rulemaking, which is intended to address the framework of flight
training in ELSA.
Withdrawal of the NPRM
After publication and comments to the ELSA NPRM were considered,
the FAA noted a discrepancy between the plain language of Sec. 91.319
and FAA guidance to its inspectors on the approach to flight training
in aircraft holding special airworthiness certificates \2\ when no
compensation is provided for the use of the aircraft. This discrepancy
resulted in an inability for owners of experimental aircraft, including
ELSA, to receive and provide compensation for specialized flight
training and checking without holding a LODA from the FAA. This
development prompted the FAA to propose a rule change that would
resolve the discrepancy and better serve the public interest. The FAA
recognizes that additional regulatory clarification, which is outside
the scope of the ELSA proposed rule, is necessary to more sufficiently
define both the permissions and the limitations of flight training for
compensation or hire in certain aircraft that hold special
airworthiness certificates.
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\2\ Special airworthiness certificates are primary, restricted,
limited, light-sport, and provisional airworthiness certificates,
special flight permits, and experimental certificates. See Sec.
21.175.
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The FAA notes that, for experimental aircraft, the discrepancy
between the regulation and FAA guidance was resolved in section 5604 of
the James M. Inhofe National Defense Authorization Act for 2023 (Pub.
L. 117-263). That section directs that flight training, testing, and
checking in experimental aircraft does not require a LODA from the FAA
if certain conditions set forth in the legislation are met. The FAA has
concurrently published an NPRM titled ``Public Aircraft Logging of
Flight Time, Training in Certain Aircraft Holding Special Airworthiness
Certificates, and Flight Instructor Privileges,'' \3\ intended to
codify the legislation for experimental aircraft and expand the terms
of the legislation to flight training, testing, and checking in other
aircraft holding special airworthiness certificates. The expanded scope
of the concurrently published proposed rulemaking will more
comprehensively address the parameters of flight training in aircraft
that hold certain special airworthiness certificates including light-
sport aircraft and will create a consistent flight training framework
for limited category aircraft and experimental aircraft,
respectively.\4\ Therefore, the FAA is withdrawing the ELSA NPRM, and
flight training in ELSA will be more appropriately incorporated in the
aforementioned rulemaking.
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\3\ RIN 2120-AL61.
\4\ The expanded scope will also address flight training in
primary category aircraft.
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The FAA notes that comments received to the ELSA NPRM will not be
addressed in the ``Public Aircraft Logging of Flight Time, Training in
Certain Aircraft Holding Special Airworthiness Certificates, and Flight
Instructor Privileges'' rulemaking because the concurrently published
NPRM will more comprehensively
[[Page 41046]]
address the flight training in ELSA due to the expanded scope.
Therefore, while the concurrently published NPRM contains some similar
provisions, proposed amendments to Sec. 91.319 are significantly
different from the changes proposed in ELSA and comments to the ELSA
NPRM are no longer applicable. The public may view and provide comments
on the concurrently published ``Public Aircraft Logging of Flight Time,
Training in Certain Aircraft Holding Special Airworthiness
Certificates, and Flight Instructor Privileges'' NPRM.
Conclusion
Withdrawal of Notice No. 18-02 does not preclude the FAA from
issuing rulemaking on the subject in the future or commit the agency to
any future course of action. The FAA will make necessary changes to the
Code of Federal Regulations through an NPRM with opportunity for public
comment in the new rulemaking project.
Therefore, the FAA withdraws Notice No. 18-02, FR Doc. 2018-23270,
published at 83 FR 53590 on October 24, 2018.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC.
Wesley L. Mooty,
Acting Deputy Executive Director, Flight Standards Service.
[FR Doc. 2023-13024 Filed 6-22-23; 8:45 am]
BILLING CODE 4910-13-P
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