Of Webs Tangled and Untangled

An FAA Notice of Proposed Rulemaking (NPRM) titled Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges will imminently be published in the U.S. Federal Register. Among numerous rule changes set forth therein, the FAA proposes to codify the ability to train, without further FAA authorization, in experimental, limited, and primary category aircraft—provided the aircraft in question is not being offered for hire to a third party as part of the instruction.

Under the proposed rule, Letters of Deviation Authority (LODAs) would continue to permit certain types of training in instances in which the aircraft is offered for hire. Such provisions have and would continue to allow training operations to offer transition training to appropriately rated members of the flying public even in instances in which compensation is provided for the use of an experimental aircraft.

The NPRM proposes, also, the removal of a prohibition on the use of experimental light-sport aircraft in compensated training operations. Over the years, subject restriction has severely limited the availability of suitable aircraft for ultralight training. With an appropriate LODA, such aircraft could once again be utilized, legally, to train prospective ultralight pilots.

The revision was initially proposed in a 2018 NPRM the FAA subsequently withdrew and combined with the new rulemaking initiative.

The NPRM, after the fashion of regulatory documents, is complex. Ergo, the EAA is reviewing the text in detail and will, in time, provide appropriate comments pertaining to such. Once the NPRM is published, the FAA will accept public comments regarding such for sixty days.

Additionally, the EAA recently commented on an FAA Notice of Proposed Rulemaking (NPRM) germane to the renewal of CFI certificates. The proposals include the removal of CFI certificates’ long-standing 24-month expiration date, and the replacement of such with a 24-month recent experience requirement. Extant CFI certificate renewal conventions—in the event the 24-month expiration model were abandoned—would serve, thereafter, as means by which CFIs could demonstrate recency of experience.

Additionally, the NPRM proposed the addition of a new method of establishing recency of CFI experience and allowing CFIs whose experience has lapsed by no more than three calendar months to reinstate the privileges of their respective certificates by taking an approved CFI refresher course rather than completing a flight instructor certification practical test. The FAA proposed, also, to add two new methods under which CFIs may become qualified to provide training to initial CFI applicants.

FMI: www.eaa.org