A Not-So-Positive Look At The Sport Pilot/Light Sport Aircraft Proposal Through 2003

By ANN Correspondent John Ballantyne

Well, here it is -- year end. Many who love to fly for fun are turning blue from holding their breath for FAA to release sport pilot and light sport aircraft--and we're not done yet.

Quick History Lesson

These proposed rules have been in development for, ahhh, very long. Actually, sport pilot history reaches into the 1980's when FAA painfully produced the Recreational Pilot certificate program, then Primary Category aircraft airworthiness program. Many do not even remember them because of the non-impact. A core issue in Recreational Pilot was the proposal to stop requiring FAA medicals for pilots. The final rule did require all pilots to pass an FAA medical which, many said, had defeated the main purpose. We will see another run at deleting the FAA medical in sport pilot, let's not get ahead of ourselves…

About 4 years after releasing the ineffective programs (Rec Pilot and Primary Cat), FAA was still having trouble figuring out what to do with "Fat Ultralights" (illegal experimental aircraft, technically). Of special irritation to FAA were 2-place weight-shift trikes and powered parachutes for which FAA had no reasonable pilot programs for recreational use. So, FAA formed a formal study group (Aviation Rulemaking Advisory Committee-ARAC) on Aug 17, 1993. More than 7 years later there had been dozens of meetings by all interested aviation groups. On December 21, 1999, the group concluded and a series of recommendations were forwarded to FAA.

FAA turned the recommendations into a Notice of Proposed Rule Making (NPRM) and published it for public comment on January 25, 2002. The proposal contained very few of the actual recommendations made by the ARAC working group. One suggestion that did make from ARAC to FAA was that the pilot could have a simple driver license in place of an FAA medical exam. (Was this a back-door attempt to get what Recreational Pilot couldn't?) The public notice created a big flurry of discussion and comments through out the light aircraft community. Nearly 5,000 individuals, companies and organizations commented a historic number. On May 6, 2002, FAA took the proposal back in-house to fix it based on he public's comments. FAA promised that every comment would be addressed.

By December, 2002, FAA created even more sense of motion by presenting draft practical test standards (PTS) for pilots and instructors of airplane, gyroplane, glider, lighter-than-air airship & balloon, weight-shift trikes and powered parachutes. Associated with the PTS was a pool of questions for written tests. FAA announced intention to hold the first sport pilot Designated Pilot Examiner training course in Oklahoma City, OK, in June of 2003.

That is were 2003 begins... Two-Thousand-Three by Month

January, 2003
FAA Associate Administrator for Regulation and Certification, Nick Sabatini (right), publicly repeats the FAA commitment to have a final rule in the summer of 2003.

A meeting of the Light-Sport Aircraft Design Standard group was held at the Fantasy of Flight Museum in Polk City, Florida. This group of industry folks continued the task of recommending standards of design and continuing airworthiness for special and experimental fixed-wing light sport aircraft. FAA sport pilot team manager Sue Gardner takes her first powered parachute introductory flight lesson.

February, 2003
FAA again repeats commitment to release a final rule by late summer. By now many suspect that FAA is pointing to EAA AirVenture, Oshkosh, Wisconsin, although that was not specifically stated by FAA. Sport pilot team manager Sue Gardner assures the Design Standards committee that FAA will release sport pilot in no later than September, 2003.

March, 2003
FAA again assures that sport pilot is a top priority within FAA and reiterates the goal of release of a final rule by late summer.

Concerns begin to surface many places about the damaging effects of waiting so long for an "imminent" rule change. There is noticeable damage to the community who has stopped buying and building to "see what happens." Already starving instructors (who do you know that got rich by flight instructing?) and struggling manufactures are really feel the strain of wait-for-the-rule paralysis.

FSS

March 6, FAA Flight Standards denies petitions from EAA and AOPA to allow the "driver's license medical" for some Recreational Pilots as a data collection method. The proposed sport pilot rule would allow pilots to fly if they have a valid driver license even if they cannot pass an FAA medical exam. As it was with Recreational Pilot, this is the core issue to many of the older folks in aviation. AOPA, the world's largest association of pilots, commented to FAA that if the "driver license medical" failed, the rule has little value and need not be released.

April, 2003
At EAA Sun 'n Fun, a so-called major aviation event in Lakeland, Florida, FAA Deputy Associate Administrator for Regulation and Certification repeated the agency's intention to announce the sport pilot/light sport aircraft final rule in July. This time FAA specifically names the goal of announcing it at EAA AirVenture, Oshkosh, Wisconsin.

May, 2003
May 8-9 Design Standards committee meets in Kansas City MO. By now powered parachute design, production acceptance standards are approved and ready for publication. Fixed-wing, gyroplane and weight-shift are still in process.

June, 2003
FAA officials report sport pilot in final review process within the agency. FAA does not schedule the training class for Designated Pilot Examiners as was intended by FAA back in January.

July, 2003
July 29-Aug 4 is the EAA show where FAA is widely expected to announce sport pilot. Instead, on July 31, FAA Administrator Marion Blakely (right) reports that sport pilot had moved to the next step in the regulatory process: Department of Transportation (DOT). She also reports that DOT has a 90 day period for review. After that will be another review, this time by Office of Management and Budget (OMB). Blakey said she expected the final rule to be out by this time next year (2004). Many other FAA employees said the goal was really to have it out by the new year (January, 2004) "Under Promise and Over Deliver" was the commonly used description of Blakely's promise.

August, 2003
Everyone waits.

September, 2003
Everyone waits.
The Popular Mechanics cover story for October includes a seven-page feature on sport pilot and light-sport aircraft. It includes photos of "light-sport aircraft," or, rather, pictures of some aircraft that might fit the final rule after it is issued.

October, 2003
Everyone waits.
The end of this month concludes the 90-day time period for DOT to comment/approve the proposed rule and send it back to FAA. Yet the month passes without comment from DOT or FAA, and the next months will also go by without motion. Sport pilot is stuck in DOT and nobody is saying exactly why.

November, 2003
Everyone waits
Phil Lockwood, president of Lockwood Aviation Supply, announces plans for a new aviation exhibition dedicated solely to light-sport aircraft (LSA). Dubbed the U.S. Sport Aviation Expo, it will be held October 28-31, 2004, at the Sebring (Florida) Airport, the home for Lockwood Aviation.

On November 19 and 20, the industry group developing the design standards for light-sport aircraft meets in Tampa, Florida. In the course of those meetings both the Engine Design and Manufacturing Standard and the Airplane Design Standard are finished. By doing this, all manufacturers have a concrete foundation from which to assess their aircraft or engine's compliance with the standard.

December, 2003
Everyone waits.

Suddenly, December 23 to be precise, Norman Minetta, Department of Transportation Secretary, signs the OK to sport pilot/light sport aircraft. This is a significant step. The sport pilot proposal now goes to the Office of Management and Budget for a 90(?) day review. If found acceptable by those folks, sport pilot goes back to FAA, presumably, for issuance.

FAA has a dedicated sport pilot web page. The latest entry on it is July 31, 2003. It is the July 31 announcement about FAA sending the sport pilot draft to DOT. Also featured on FAA's site is this announcement:

Coming Soon... New link to the new FAA Light Sport Program Office. This link will provide access to implementation materials and programs developed by the FAA to support the industry and FAA workforce.

Hopefully some FAA person soon will publish the important acceptance by DOT.

What about 2004?

As we enter 2004, the focus shifts to the Office management and Budget. At OMB sport pilot/light sport aircraft begins another 90 day(?) review period (actually start counting as of December 23, 2003). If the proposal is blessed by OMB, only then could FAA issue sport pilot as a final rule.

It is fair to say that each step of the way could result in significant changes, delays or even death for the sport pilot/light sport aircraft proposal. It ain't a rule until it's released. The FAA sport pilot team manager did not return our calls to get her feelings and thoughts for this article.

Perhaps we will know by the end of 2004…or not. Take a deep breath.

FMI: http://www2.faa.gov/avr/afs/sportpilot/index.cfm