The United States Ultralight Association recommended 14 changes to NPRM 11133
in its comment to FAA submitted May 6th.
May 6, 2002
Docket Management System Re: Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft; Proposed Rule Docket No. FAA-2001-11133; Notice no. 02-03
BACKGROUND USUA is the authority for national and international activities including competition sanctions, issuance of Colibri badges, and the selection of the U.S. Team for the World Microlight Championships. USUA is an affiliate member of the National Aeronautic Association (NAA) and represents the United States on the FAI International Microlight Commission whose 54 member countries represent 75,000 ultralight and microlight pilots around the globe. USUA is a not-for-profit corporation that receives no advertising money and is in debt to no one. No other organization controls or directs its activities.
USUA personnel have contributed to every significant FAA action affecting the sport and industry since the mid-seventies. Examples include: USUA developed, implemented and continues to operate the original ultralight airmen and vehicle registration safety program per FAA's mandate in the preamble to Part 103. The program has served owners, pilots, instructors and examiners for 20 years. In that time, more than 15,000 pilot and vehicle registrations have been processed. Over 3,000 USUA-registered ultralight examiners and flight instructors have provided dual flight instruction and testing to over 150,000 participants. Most recently, USUA chaired the ARAC Part 103 Working Group through its complete cycle beginning August 17, 1993. An ARAC recommendation was sent to FAA December 21, 1999. USUA also participated as a voting member. USUA is the organization that was born with, and remains steadfastly dedicated to, powered ultralight (and microlight) aviation in America. USUA leadership includes many of those who invented and pioneered powered ultralight aviation. USUA has been reporting the need for assistance from FAA concerning ultralight regulatory issues for over 15 years. INTRODUCTION
Summary of Recommendations 1. The main thrust of this comment is for FAA to establish a second Special Federal Regulation (SFAR) to codify the long-standing FAA exemptions for two-place ultralight training (and towing of hang gliders). This SFAR should be embodied by establishing a second tier as shown here: Two Tiered Concept This two-tiered approach encourages the FAA "Sport Pilot" to be finalized while permitting ultralighters to gain the authority for two-seat recreation use under the more restrictive ultralight regulation. This second option is critical for those who want to fly today's ultralights and who do not mind being relegated to rural areas. In addition to the two-tiered concept, following are comments pertaining to the NPRM without specific consideration for the two-tier concept.
2. Medical Certification 3. FAA Private Pilot to Sport Pilot USUA agrees with the FAA proposal to allow private pilots to add sport pilot privileges. 4. FAA CFI to Sport Pilot CFI USUA agrees with the FAA proposal to allow FAA CFIs to add sport pilot CFI privileges. 5. Private Pilot: Powered Parachute & Trikes The creation of private pilot levels for trike and powered parachute may end up being the most significant part of this proposal although not much attention is directed this way now. This would be good for those private-and-higher FAA certificated pilots who want to transition to powered parachutes, and weight-shift-control aircraft. 6. Overflights of Cities USUA likes the FAA proposal to allow sport pilots to fly over cities and into downtown airports. Additionally, USUA recommends the Ultralight Aircraft SFAR, which would continue the prohibition from flights over congested areas (per FAR 103) for those choosing to fly single and two-place ultralight aircraft, 7. Ultralight pilot to Sport pilot USUA supports the proposed sport pilot option for those ultralight pilots who want to fly two-seat aircraft for fun and recreation in as much as 130 mph aircraft. Again, USUA also recommends a two-tiered approach in which there is the additional option of having (existing ultralight pilot and instructor) programs for pilots of single place craft that modestly exceed the limitations of ultralight vehicle definition, and two-seaters as defined by FAA training exemptions.
8. Notarized Training
9. Examiners & Inspectors 10. Ultralight Instructor to Sport pilot Instructor USUA believes there will be a significant negative impact on the sport and industry if the proposal is adopted since we believe that many experienced instructors with specific knowledge in ultralight-type aircraft operations will cease providing flight instruction. Again, the solution is to create a second option which is the SFAR (Ultralight Aircraft) in which today's ultralight instructor programs are codified without substantial change in program content or in the definition of the ultralight aircraft described by today's training exemptions.
11. Logbook Endorsements
12. Category & Class
13. Light sport aircraft § FAA should include powered paragliders along with powered parachutes. FAA has a good definition and category for powered parachutes, and it makes sense to include powered paragliders as they, too, involve two-place operation for instruction and for recreation § FAA should include an option for gyroplanes to be light sport aircraft. They represent some of the most uncomplicated designs with only a freewheeling overhead rotor and pusher engine. § It is not possible to evaluate the contents of the "consensus standards" airworthiness programs until such standards exist. These standards will determine the cost of compliance for a manufacturer and determine the resultant cost to the consumer.
14. Split Airman and Aircraft portions RATIONALE FOR TWO-TIER CONCEPT
Original USUA Issues Not Addressed USUA has repeated many times in national publications and in petitions to FAA, that in over 19 years of two-place ultralight instruction authorized by FAA exemptions, one thing is very clear: those who learn to fly ultralights with an ultralight instructor in two-place ultralights, learn to fly two place ultralights. Naturally defined scope of aircraft and operations Ultralight Aviation, as a sport and industry, has matured over the past 20 years to be recognized as distinctly unique in Civil Aviation through separate rules (FAR Part 103) and cultural aspects.
As compared to General Aviation, Ultralight Aviation's primary attributes
include: Those who participate in ultralight aviation are defined as a group that tends to fly together, are given separate areas at airshows. Several national advocacy organizations have been formed expressly to serve them. Unpowered ultralights are towed by powered ultralights.
Ultralighting as recreation In the early 1980's, it was demonstrated that ultralighting has a unique culture. Two major General Aviation organizations created ultralight di visions, only to close them several years later when many ultralight division members did not assimilate into the main organization. Ultralight instruction as a part time business In a USUA poll taken in July 2001, only 9% of all ultralight instructors said they provide training full time. The vast majority of instructors responded saying they provide training part-time, usually just on the weekends. Their aim is to help local ultralight owners safely fly their own equipment. Income generated from this training is often used to supplement the cost of operating the ultralight trainer, nothing more. FAA has proposed a requirement that all ultralight instructors who wish to continue offering training become FAA-authorized instructors. In an April 2002 USUA-sponsored seminar, full-time instructors indicated they would accept the additional burden and expense to do so as their business depended on having qualified instructors on staff. The July 2001 poll indicated roughly 40%, of the part-time instructors indicated they could justify the additional burden and expense to become FAA-authorized instructors based on what they understood FAA was going to propose. Many admitted they would discon tinue training in their area. They are also the only instructors within a large geographical region. USUA believes there will be a significant negative safety impact on the sport and industry if the proposal is adopted. Many experienced instructors with specific knowledge in ultralight-type aircraft operations have said that they will discontinue providing flight instruction. Manufacturers will lose aircraft sales as these instructors flood the market with their used trainers when either they are required to stop flying or keep them for recreational use. With an expected decrease in the number of flight instructors, access to flight training for ultralight-type aircraft will be unreasonably burdensome for many. This could lead back to the days of self-training when many well-intentioned enthusiasts died through lack of proper flight instruction.
Embody the training exemption programs in the FAA rules USUA sees no reason to penalize existing ultralight pilots and instructors who want to simply continue doing what they have done for years, which, according to FAA, they have done well and safely.
More privileges with more responsibility
Two Tier basic premise
International precedent Most countries have developed ultralight-specific standards for aircraft and airmen, often delegating administration of programs where the standards are applied to national aero clubs or similar representative groups.
Safety through risk management The chart below depicts the Kinetic Energy of various two-place aircraft operated under current Part 103 training programs compared to the proposed Light Sport Aircraft. Light Sport Aircraft kinetic energy at gross weight and minimum speed is 96% more than the heaviest and fastest ultralight trainer. The limited performance scope of ultralight aircraft has assured that the number of injuries in accidents compared to the number of known accidents is low.
Create Special FAR: Ultralight Aircraft FAA should accommodate the fat single and two-place ultralight aircraft in a dedicated special regulation (Ultralight Aircraft S-FAR), which is associated with Part 103 (Ultralight Vehicles). In this S-FAR FAA could require registration of these aircraft in order to provide safety information to the owners, and otherwise allow flight operations, including training for compensation to continue as it has during 20 years of the FAA exemptions for flight training with two-seaters. These ultralight aircraft would have more restrictions than light sport aircraft such as no flight over congested areas and into ATC controlled airspace only with prior permission. This allows those who wish to fly simply, to do so without the economic and regulatory burden of General Aviation rules. Ultralighting has proven to be a popular recreational pursuit as the requirements to participate are low enough to be attractive to the general public and consistent with similar land and water-based recreational activities.
COMMENTS INCORPORATING TWO TIER CONCEPT
TIER 1 - Ultralight Aircraft (UA) This limits the commanded kinetic energy of an ultralight aircraft flown by a pilot holding an ultralight pilot certificate.
TIER 2 - Light Sport Aircraft (LSA) Ultralight Aircraft (UA) Pilot Eligibility and Requirements USUA proposes FAA adopt the current recognized ultralight vehicle training programs for single place and instructor certificates. USUA proposes FAA adopt the current recognized ultralight vehicle training programs for instructor, minus the instructor specific requirements for two-place privileges. This includes minimum ages for student 14, pilot 16, instructor 18.
UA Pilot Privileges and Limitations Operating limitations A UA pilot would be limited to the operating rules contained in FAR Part 103. Grandfathering The aeronautical knowledge, aeronautical experience and flight proficiency for those successfully completing an FAA-recognized ultralight training program under FAR Part 103 would be credited toward a UA pilot certificate. 36 Month Transition Period USUA recommends that FAA place the two-place ultralight training exemptions in a new S-FAR. This would allow the existing ultralight instructors to continue teaching without interruption. FAA should allow continued operation by ultralight instructors without forcing them to learn to fly and teach in 130 mph aircraft. A new S-FAR associated with FAR Part 103 (Ultralights) could adopt the existing pilot and instructor training programs and codify them to enable FAA oversight and enforcement. An option for program administration by advocate associations should be considered, but is not a requirement of this recommendation. Such organizational delegation would be limited to the application process, if any involvement were necessary at all. Program standards, testing and enforcement should be the responsibility of FAA. By retaining the existing definition of ultralight two-place trainers in the USUA proposed S-FAR, there is no need to push ultralight instructors into parts 61 & 91 or to force them to become pilots and instructors competent to fly 130 mph aircraft. Those instructors, who do want the increased privileges proposed by FAA for sport pilot instructors, would have that option in the system proposed in NPRM 11133.
Recreational Use USUA recommends two place pilot applicants obtain at least 20 hours of experience under an instructor's guidance, pass FAA tests (copied from existing ultralight instructor tests) for knowledge (associated with ultralight regulation Part 103), and pass a practical test exactly like the existing ultralight instructor practical, without the teaching portions. Upon successful completion, the new pilot could fly these very limited craft (defined exactly like ultralight trainers today) for fun and recreation with one passenger. Recognize existing fat single and two-place Ultralight Aircraft maintenance programs While FAA is to be commended in their inventive approach to the light sport aircraft airworthiness program, there is no acknowledgment of the practical lessons learned in decades of ultralight operation. For example two-place ultralight trainers have had industry requirements for inspections in accordance with manufacturers Recommendations and repair/alterations in the manner prescribed by FAA in well-established guidance to mechanics. In over 19 years of experience, USUA is not aware of any failure of a two-place trainer that had been maintained accordingly. Also, airworthiness of single-place aircraft that modestly exceed the definition of ultralight vehicles has not been a problem. These efforts of successful operation in an environment not regulated or enforced by FAA should be rewarded.
GENERAL COMMENTS
Medical Certification USUA has compiled data indicating a lack of pilot medical problems as the cause of accidents with ultralight pilots and instructors. There is virtually no problem, when considering ultralight flight, and therefore USUA strongly objects to a medical physical requirement for those pilots and instructors. However, pilot medical data specifically relating to the operation of the significantly heavier and faster aircraft (up to 130 mph), as now proposed by FAA, is not so clear to USUA. Therefore, we cannot comment on the safety of allowing pilots of heavier, faster aircraft which fly over congested areas and into controlled airspace to fly without a medical. USUA has repeatedly stated since 1988 that there is a need for more reasonable regulation provided for trikes and powered parachutes. USUA has also pointed out the same need for the use of fat and two-seat ultralights for personal recreation by qualified pilots;"qualified" as in use of existing ultralight pilot and instructor programs. Whether the proposed medical is successful or not, FAA should pursue regulatory improvement for fat and two-seat ultralights for personal recreation by qualified pilots as well.
FAA Pilot Requirements To Add Sport Pilot Privileges If a private pilot wants to add category and class privileges for which they do not have an aircraft category or class rating on a private pilot certificate (i.e. powered parachute), they would have to meet the requirements for the addition of those privileges established in an FAA Practical Test Standards or Advisory Circular for each category and class of aircraft. The exact standards do not yet exist. FAA proposes to establish two new aircraft category and class ratings. They are weight-shift-control [why FAA does not call them trikes, the popular term used worldwide, is unknown] with land and sea class ratings, and powered parachute [no land and sea distinction]. In addition, FAA will develop new training and certification requirements while "seeking industry input "for these new aircraft ratings at the sport pilot and private pilot levels.
Recommendation
FAA Flight Instructor To Sport Pilot Instructor The FAA CFI would be limited to providing instruction in the same aircraft category and class listed on his/her existing pilot certificate and flight instructor certificate. The instructor must have at least an FAA 3rd class medical certificate or a valid drivers license. FAA instructors would have to receive training on any specific make and model of light-sport aircraft in which they had not acted as pilot-in-command. This means they would need a logbook endorsement from the authorized instructor [another sport pilot instructor] who conducted their training certifying proficiency in that make and model of light-sport aircraft. For example, to step up from a Rotax 503-powered Quicksilver Sport into a Rotax 582-powered Quicksilver Sport would require a check-out and whatever training the examining CFI dictated. The CFI would also be required to have at least 5 hours of pilot-in-command time in the specific make and model light-sport aircraft before providing instruction in that aircraft. FAA excludes ultralight instructors from this "simple grandfathering" because they are issued instructor authority under exemptions to Part 103 (Ultralight Vehicles, not part 61, Traditional general aviation). The FAA proposal works great for existing FAA CFI's. Some FAA CFI's who are teaching in ultralights are USUA members. However, generally very few FAA CFI's have chosen to teach in ultralights even though for many years they could simply apply with one of the associations and be granted that authority with no make/model checkout or minimum flight time. History reveals problems when CFIs checked themselves out in ultralights. This is because ultralights have different flight characteristics than traditional aircraft for which the CFI was trained and tested by FAA. Now all ultralight training programs require a CFI checkout because it is essential. USUA has always required a flight check of FAA CFIs who requested BFI registration. Yet in 20 years of program operation, less than 20% of registered instructors are also CFIs. Those CFIs are USUA members and they are allowed to instruct in any make model of light sport aircraft in which he/she has already logged at least 5 hours.
Recommendation USUA recommends that only a category checkout is warranted for instructors with one and two-place craft weighing less than 992 pounds gross weight. Simply changing make and model within the same category has not proven to be a significant safety hazard. So, USUA can see no reason for FAA to require a specific make/model checkout within a category. A category change (airplane to powered parachute to trike) does bring the need for a checkout (with appropriate training to precede the test).
Private Pilot certificates;Trikes and Powered Parachutes Those who might choose to go to the private certificate, or simply add trike or powered parachute to their existing private certificate, may fly with more than one passenger on a cross-country at night, higher than 10,000 feet ending at a downtown airport. Imagine the 4-place trike or powered parachute being sequenced between traditional airplanes by the air traffic control tower at your downtown airport around 10:00 in the evening. FAA can limit this through the aircraft operating limitations of individual aircraft. But such potential is definitely what FAA is proposing to the public in NPRM 11133. This might appeal to those private-and-higher FAA certificated pilots who want to transition to two-seat airplanes, gliders, balloons, powered parachutes, and weight-shift-control aircraft. Remember that sport pilot privileges would not require a 3rd class medical, but only a valid drivers license. Many USUA members are in this position. Of course the content of the pilot testing standard;the required knowledge and skill for the specific category;is an important issue. These standards do not yet exist and therefore may not be evaluated. The mechanism is simple enough, however, basically some training in the aircraft and a CFI logbook endorsement.
Over flights of cities USUA's 1988 petition requested more limited operating privileges in trade for fewer training requirements. USUA policy continues promote the successful operational practices related to pilots of aircraft which have gross weights below 450 kg (992 lb, which is similar to the training exemption's 496 lb empty weight plus fuel and occupants) for two-place and 300kg (662 lb) for single place, with no more than a 35 knot clean stall speed. Surely FAA has a challenge to sell the public and especially downtown airports on the operation of these craft;commonly called ultralights;flying over cities and into urban airports.
Ground Training Therefore USUA objects to requiring extensive training for those pilots who fly the more limited "fat" ultralights and recommends continuing to use the existing ultralight programs for those pilots. Such operating authority could be included in the Special FAR related to FAR 103 (Ultralight Regulation) as recommended above.
Recommendation
Ultralight pilot-to-Sport pilot Pilots would have to meet minimum age, language, and medical requirements. Pilots also would have to pass the appropriate knowledge and practical tests for the certificate. Pilots would not have to meet the aeronautical experience requirements in the FAA proposal if they have logged evidence of more than minimum time. The proposal would require pilots to obtain a notarized copy of their ultralight pilot records from the FAA-recognized ultralight organization. Those records would document that the pilot is a registered ultralight pilot with that FAA-recognized ultralight organization. The records would list each category and class of ultralight vehicle the organization recognizes the pilot is qualified to operate. Pilots would still have to pass the knowledge (written) test and practical test (oral and flight) for a sport pilot certificate. An FAA Designated Pilot Examiner (DPE) would administer the practical examination. After the pilot successfully completes the examinations, the designated pilot examiner or FAA inspector would review these records and document the appropriate endorsements for each category and class of ultralight vehicle that the pilot is qualified to operate in the applicant's logbook.
A sport pilot certificate would authorize (assuming two logbook endorsements:
Recommendation However, USUA has not found safety data that indicates so dramatically an increase in the requirements for those who prefer slower, more open cockpit flying over rural areas, in aircraft similar to those currently operated under Part 103. FAA apparently agrees with this by stating in NPRM 11133 that the success of existing ultralight pilot registration programs [single and two-place ultralight] "exemplifies the ability of the aviation industry to take responsibility for the safety of its flight operations." Why can't FAA just add similar programs for pilots of single place craft that modestly exceed the limitations of the ultralight vehicle definition?
Notarized training record
FAA Pilot Examiners and FAA Aviation Safety Inspectors This is another reason to continue the existing ultralight training exemptions (written into the FARs). FAA should allow ultralight instructors (potentially future DPEs) to continue to fly without being forced to expand into 130 mph aircraft. These ultralight instructors, and future incoming ultralight instructors, are the pool of potential sport pilot instructors and DPEs.
Ultralight Instructor to Sport Pilot Instructor An applicant would be required to pass the FAA knowledge (written) test on the required aeronautical knowledge areas to the FAA CFI level. All knowledge areas are also subject to discussion/questioning during the oral portion of the practical examination. An existing ultralight instructor would not need to retake the Fundamentals of Instruction knowledge test. However, the FAA pilot examiner would be empowered to question each applicant about his/her knowledge of fundamentals of instruction. An applicant would be required to pass the FAA practical test in a light-sport aircraft that is representative of the category and class of aircraft for the privilege the applicant seeks. During the test the applicant must demonstrate the ability to teach all areas in the pilot test standards including stall awareness, spin entry, spins, and spin recovery procedures in an airplane, glider, or weight-shift-control aircraft, as appropriate. The proposal would require the applicant to present these records, as well as the results from a knowledge test, to a designated pilot examiner or FAA inspector when applying for a flight instructor certificate with a sport pilot rating. After passing all those examinations, the FAA designated examiner or FAA inspector would review the applicant's records and endorse his/her logbook for each category and class, make and model of light sport aircraft in which the applicant is authorized to fly and provide flight training. At least 5 hours of flight experience by the instructor would be required in each make/model of light sport aircraft before the instructor could instruct with it.
Exemptions Terminated
Recommendations This new Part 103 SFAR would require a written test associated with operations in Part 103, and would be identical to the written tests passed by ultralight instructors today. The tests would be from FAA and the resulting pilot/instructor certificates would have an FAA logo. FAA would establish standards (by adopting those in current use), and would have full enforcement authority. Oral and flight tests for those who request only those privileges allowed by FAR Part 103 should be given by ultralight instructors (AFI/BFI's) who should be grandfathered into a new SFAR attached to Part 103 with no additional testing. Allowable aircraft definitions should be identical to today's ultralight trainers and the fat single-place machines as described in the 1994 H. O. Malone petitions.
Basic certificate with additional privileges added with instruction and
endorsement. In addition, a sport pilot could choose to add privileges, as needed, with the appropriate training. This would reduce accidents or incidents by limiting the privileges and would allow a sport pilot to gain the skills and experience necessary to operate in a simple operating environment and build experience. This building block approach would allow a sport pilot to gain additional skills through additional training when the pilot wants to add more privileges.
Building blocks (allowed by Sport pilot CFI via logbook endorsement) would
include but are not limited to:
Category and Class Endorsement Also, 5 hours experience in make/model is not necessary on the basis of safety, based upon past experience with 19 years of two-place ultralight trainer exemption experience. USUA recommends that FAA drop make/model endorsement requirements because category and class endorsements adequately satisfy the safety issues associated with changing from one aircraft to another.
The Aircraft
FAA also intends to create new airworthiness certificates for "Light-sport
aircraft." The FAA proposes to limit these aircraft to a(n): Helicopters and powered lift would not be light-sport aircraft due to their complexity. FAA internally originated this portion of the NPRM. The "industry," including ARAC, made no such Recommendations.
Airworthiness certificates
- Experimental-light sport aircraft
a. All fat and 2-seat "ultralights" must apply within 24 months. FAA
inspection must be passed before certificate is issued. Could be used for
compensation and for-hire flight training until 3 years after final rule.
Afterward, flight training could not be for "compensation or hire."
Imported Kits
Maintenance
Inspections
Repairman Certificates
Inspection rating:
Maintenance rating: The airworthiness folks at FAA are to be commended for the inventive way in which they have structured this category with no type or production certificates. In general it is a good attempt to address real needs of air sports owners/pilots, and even has an amnesty provision for fat single and two-place "ultralight aircraft." This method may save on the cost of production compared to traditional type certification. If so, manufacturers could pass down the savings to the consumer, although it would still cost more than present day ultralights and experimental kits. Consumer safety would be enhanced, as a manufacturer would have to declare to FAA that it had met a recognized design standard.
Definition May Need More Weight This would be good for those who wished maximum privileges of the certificate. Many more aircraft would be available for training, rental and ownership. This would bring down costs, increase accessibility and would allow newer aged aircraft to be used.
Include Powered Paragliders Tandem operations are popular, and as light sport aircraft, powered paragliders would then be eligible for passenger carrying. This would also rule out the need for an exemption complying with FAA's attempt to eliminate "rulemaking by exemption."
Include Gyroplanes
Consensus Standard Impossible to Evaluate These standards will determine the cost of compliance for a manufacturer and will determine the resultant cost to the consumer. The United States Ultralight Association appreciates this opportunity to make our views known. Sincerely,
Al Carpenter
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