ASC Petitions Amateur-Built-Experimental Amphibs To Be Flown By Sport Pilots Until RG Changes To LSA Rules Are Approved

The Aero-Sports Connection notes that, "The FAA failed to allow Experimental or Special Light Sport Aircraft to have retractable gear even for amphibious applications. As a result an Amateur Built amphibian cannot be flown by a Sport Pilot or a Private pilot flying under the limitations of Sport Pilot. It is reported that the error is being corrected but will take some time. In the mean time, FAA personnel have said that we should file for individual exemptions to allow progress."

A petition has been filed to request, per Title 14 Part 11.15 (part 139), by the above petitioner to allow amateur built experimental aircraft which have retractable landing gear to be flown by Sport Pilots as though those aircraft met the full requirements of light sport aircraft.

It is understood that the FAA will be publishing a NPRM to allow retractable gear on LSA aircraft. This NPRM may be published with a short comment period so the final rule publication will be forthcoming relatively quickly. This exemption is only for the short term until the forthcoming LSA rule amendment is in place.

With the slow progress on correcting this error in the light-sport aircraft rule is impacting the use of aircraft. The owner of this aircraft wishes to use his craft appropriately under the Sport Pilot rules but is unfairly constrained by the delay in correcting this error.

Public Interest

This request is in the public interest in that it allows use of the owner's aircraft while we await the correction of the amphibious rule. It minimizes the impacts already being imposed and meets the greater needs of the community.

ASC proposes to administer the community-wide exemption at no cost to complying applicants. This exemption would impose requirements as follows:

1. A required dash mounted interim placard stating, "Logbook endorsement required to operate retractable gear system".
2. Documentation of specific training requirements in the addendum to the operators manual.
3. Mandatory training specific to light aircraft with retractable gear for each pilot allowed to operate the retractable gear.
4. Mandatory log-book endorsement documentation of completion of the training for each pilot allowed to operate the retractable gear.

ASC will maintain a record of all applicants and provide clear documentation of the paperwork requirements to comply with the exemption to allow SP use of amphibians.

ASC will not require membership or impose handling fees. The only ASC requirements will be identification of the person certifying the aircraft, identification of the individual aircraft being certified, and a signature assuring the person will comply with the exemption requirements.

Once the anticipated changes to allow retractable gear on Light-Sport Aircraft are published, it is recognized that this interim exemption will necessarily expire, after the proper transition.

This request is in the public interest in that it allows training while the community awaits the correction of the amphibious rule. This will include the appropriate inclusion of both ELSA operating fleet and Special LSA, as well as use of AB aircraft that currently are being impacted by the delays in the rule change.

Without the proposed exemption, the FAA will have to handle each exemption request and publish it in the federal register. This takes a significant number of work hours and becomes very redundant.

Jim Stephenson, President/CEO of ASC made it very clear, "This proposed exemption does have costs of application and administration. ASC is here to support the light aviation community and will absorb these costs. By allowing ASC to administer this exemption, the FAA will allow ASC to demonstrate its dedication to support of the Light Aviation Community. The result will be a benefit to the community, the FAA, ASC and aviation safety. "

"Now we must wait and see if the FAA understands how this will help the community." commented Stephenson. "It makes sense."

FMI: www.aerosports.org