ASC, PO Box 589, Marshall, MI 49068 phone 269-781-4021 fax 269-781-7400 email kimojim@aol.com
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ASC, PO Box 589, Marshall, MI 49068 phone 269-781-4021 fax 269-781-7400 email kimojim@aol.com
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| Print this pdf file and you will have all the instructions for using the ASC Exemption 6080H. You must follow the instructions and provide this package of 9 pages to your DAR, or ASI, in order to qualify. There are Abobe(r) readers available on the web for free. So if you cannot view or print this file get one of those and load it. Word Version also attached Using Exemption 6080H R5. Use any one of the three PDF or DOC or web page below.
kimojim@aol.com web site aerosports.org Step 1:
Record name, address and phone number here.
Name ______________________________
Address _____________________________
City, State, ZIP __________________________
Phone number (____)-________________________ Step 2:
Record aircraft Make, model S/N and N number here:
Make ________________________________ Model
______________________________ S/N
___________________ N
number N_____________ These
MUST exactly match the data on your registration card form 8050-3. ASC
will verify your membership is current. (There is no extra fee for ASC members)
ASC will verify that your registration request was in to FAA on or before
ASC
Verification Number ___________
DARs:
Your action is to call ASC 269-781-4021 and provide your name and the
verification number above. ASC will give you all of the
above data, sufficient to verify that the individual is in compliance.
ASC will also give you a second verification number you must record here.
Exemption No. 6080H UNITED STATES OF
In the matter of the petition of
Aero Sports Connection, INC.
Regulatory Docket No. FAA-2000-8425
for an exemption from §§ 21.191(i)(1),
61.431, and 103.1(a) and (e) of Title 14, Code of Federal Regulations
PARTIAL GRANT OF EXEMPTIONBy letter dated §§ 21.191(i)(1) and 61.431 of Title 14, Code
of Federal Regulations (14 CFR) and for an extension of its current
exemption from § 103.1(a) and (e). The
proposed exemption, if granted, would permit the issuance of experimental
certificates for the purpose of operating a light-sport aircraft after January
31, 2008, to aircraft that have not been issued a U.S. or foreign airworthiness
certificate and do not meet the provisions of § 103.1.
It would also permit persons who have been registered ultralight
instructors with an FAA–recognized ultralight organization on or before
September 1, 2004, to apply for a flight instructor certificate with a sport
pilot rating without meeting the aeronautical knowledge requirements specified
in § 61.407, the flight proficiency requirements specified in § 61.409, and
the aeronautical experience requirements specified in § 61.411 after January
31, 2008. Additionally, it would
extend the termination date of Exemption No. 6080G and permit individuals
authorized by ASC to provide instruction in two-place ultralight vehicles that:
have a maximum empty weight of 496 pounds; a maximum fuel capacity of 10 U.S.
gallons; are not capable of more than 75 knots calibrated airspeed (CAS) at full
power in level flight; and have a power-off stall speed that does not exceed 35
knots CAS. The
petitioner requests relief from the following regulations: Section
21.191(i)(1) states that an experimental certificate is issued for the purpose
of operating a light-sport aircraft that has not been issued a U.S. or foreign
airworthiness certificate and does not meet the provisions of § 103.1 of this
chapter. An experimental certificate
will not be issued under this paragraph for these aircraft after Section 61.431 states that if you are a registered
ultralight instructor with an FAA–recognized ultralight organization on or
before September 1, 2004, and you want to apply for a flight instructor
certificate with a sport pilot rating, not later than (a)
You must hold either a current and valid sport pilot certificate, a
current recreational pilot certificate and meet the requirements of §
61.101(c), or hold at least a current and valid private pilot certificate issued
under this part; (b) You
must meet the eligibility requirements in §§ 61.403 and 61.23.
You do not have to meet the aeronautical knowledge requirements specified
in § 61.407, the flight proficiency requirements specified in § 61.409, and
the aeronautical experience requirements specified in § 61.411, except the
minimum total flight time requirements in the category and class of light-sport
aircraft specified in § 61.411; (c)
You do not have to meet the aeronautical knowledge requirement specified
in § 61.407(a) if you have passed an FAA-recognized ultralight organization’s
fundamentals of instruction knowledge test; (d)
You must submit a certified copy of your ultralight pilot records from
the FAA-recognized ultralight organization and those records must document that
you are a registered ultralight flight instructor with that FAA-recognized
ultralight organization and indicate that you are recognized to operate and
provide training in the category and class of aircraft for which you seek
privileges; and (e) You
must pass the knowledge test and practical test for a flight instructor
certificate with a sport pilot rating applicable to the category and class for
which you seek flight instructor privileges.
Section
103.1(a) states that an ultralight vehicle is a vehicle that is used or intended
to be used for manned operation in the air by a single occupant. Section 103.1(e) states that an ultralight vehicle,
if powered: weighs less than 254 pounds empty weight, excluding floats and safety
devices which are intended for deployment in a potentially catastrophic
situation; has a fuel capacity not exceeding 5 in level flight; and has a power-off stall speed
which does not exceed 24 knots calibrated airspeed. The
petitioner supports its request with the following information: The
petitioner states that it is seeking an exemption “to extend the Light-Sport
Aircraft and Sport Pilot Transition by 2 years to § 21.191(i)(1) to allow the inspection of Operating Fleet Light-Sport
Aircraft for 2
more years. This would change §
61.431 and Exemption No. 6080 such that the time available for instructors to
train toward Sport Pilot Instructor and help other pilots reach Sport Pilot is
extended.” The
petitioner states that this request is in the public interest because it will
permit the airworthiness certification of a large number of aircraft that would
otherwise become illegal. The
petitioner further states that a conservatively low estimate indicates that at
least $60 million worth of private individual aircraft value can be protected
and that more than 4,000 additional pilots could be better trained to contribute
to flight safety.
The
petitioner states that the final rule, “Certification of Aircraft and Airmen
for the Operation of Light-Sport Aircraft” (69 FR 44772), allows what was
thought to be a reasonable amount of time for pilots and instructors operating
under current training exemptions to transition to the new provisions of the
rule. ASC states that the amount of
time needed to build the infrastructure necessary to facilitate the transition
procedures is either grossly underestimated or overlooked and that the
transition process is grievously behind schedule. The
petitioner notes that the FAA only recently has had a sufficient number of
designees authorized to conduct airworthiness inspections and practical tests in
significant numbers. ASC further
notes that the vast majority of persons operating aircraft are faced with the
difficulties of having to obtain a registration number for their aircraft, pass
an airworthiness inspection, receive training from an appropriately rated
instructor in an aircraft issued an airworthiness certificate, pass a practical
test from a designated examiner, and obtain a repairman certificate.
The petitioner notes that it is difficult for a person seeking to meet
the transition provisions of the regulations to complete these tasks in a
logical order. ASC notes that
training must be conducted in an N-numbered aircraft but that it may take a
significant amount of time to obtain an airworthiness certificate and that only
a certificated pilot may fly such an aircraft.
ASC further notes that it may also take a significant amount of time to
locate an experienced instructor to provide training in the aircraft and to
complete the training necessary to obtain a repairman certificate. The
petitioner notes that the sport pilot rule requires many new programs,
authorizations, ratings, inspections, and certifications to function and the
infrastructure necessary to support the sport pilot initiative is currently not
adequate. ASC believes that
the deadlines set forth in the rule are overly optimistic and that provisions
must be made to extend those deadlines due to the amount of time it has taken
for the FAA and industry to put the programs necessary to implement the rule
into place. ASC
states that it recognizes the FAA’s obligation to protect public safety and
establish a reasonable deadline after which the operation of aircraft that do
not comply with the new rules is no longer permitted; however, it also believes
that it does not serve public safety to arbitrarily end the time when an
existing aircraft could no longer be inspected for the issuance of an
airworthiness certificate. ASC is
concerned that under the current rules the vast majority of existing aircraft
will not be eligible for airworthiness certificates for the purpose of operating
amateur-built aircraft. ASC
recognizes that while it is illegal to operate an aircraft without an
airworthiness certificate, it does not serve any legitimate purpose to preclude
an aircraft from receiving an airworthiness certificate at a later date.
ASC notes that with a failure to grant its request the existing
light-sport community is at serious risk of losing the majority of the current
flying fleet due to nothing more than logistical and economic obstacles imposed
by the creation of the transition. ASC
notes that granting the exemption will provide a greater level of safety by
allowing a greater number of aircraft to become certificated while their owners
receive a higher level of training. ASC
also believes that by extending the deadlines specified in the regulations the
number of certificated instructors necessary to provide training to
transitioning pilots will also be significantly expanded. As
of the date of its petition, ASC notes that there were only 17 powered parachute
examiners (of which only 11 could certify instructors) and there were only 18
weight-shift-control aircraft examiners (of which only 12 could certify
instructors). It also notes that
airplane examiners often will not examine in light types thereby requiring
applicants to: obtain more time to
transition to the aircraft in which the examiner will conduct the practical
test; or incur additional expense to locate an examiner who will conduct the
test in his/her aircraft. ASC also
notes that certain examiners are not permitted to conduct practical tests. The
petitioner estimates that there are a minimum of 65,000 aircraft that need to
receive certification under § 21.191(i)(1), and those aircraft that are powered
parachutes and weight-shift-control aircraft will not be certificated as
amateur-built aircraft. It estimates
that 36,000 aircraft will not be able to comply with the provisions of the rule
at a resulting loss of $270 million to their owners.
ASC notes that a 2-year extension of the rule’s provisions will result
in the certification of 8,000 aircraft and a savings of $60 million to their
owners. A
summary of the petition was published in the Federal Register on One
commenter noted that it has taken a significant amount of time to develop the
infrastructure necessary to support the sport pilot/light-sport aircraft
initiative. The commenter noted that
applicants are forced to travel great distances to certificate their aircraft
and that the lack of instructors and designated pilot examiners has caused
hardship for those seeking to obtain airman certificates.
The commenter also requested that the transition process be extended to Another
commenter noted that the infrastructure necessary to transition the large number
of pilots and aircraft into the new system is inadequate and that he has been
unable to find a person to inspect his aircraft.
He also stated that he has been unable to find an instructor within a
reasonable distance from his home. He
stressed that the current rule imposes an economic burden, especially without
the necessary infrastructure to implement the provisions of the rule.
He stated that in many areas of the country no instructors, designated
airworthiness representatives (DAR), or suitable training aircraft exist.
He specifically stated that no open air simple 3 axis 2-place special
light-sport aircraft existed. He
believed that an extension is vital to ensure that adequate resources are
necessary to transition aircraft and pilots into the new system and requested
that the petition be granted. One
pilot noted that although he has completed the transition process it was both
expensive and time consuming. He
noted that there are few certificated flight instructors (CFI) and examiners to
assist in the transition of those flying weight-shift-control aircraft and
requested that the transition period be extended.
Another commenter noted that he should be able to complete the transition
by the date specified in the current rule but noted the time and cost to
accomplish this. He also requested
that the transition process be extended. Two
commenters specifically noted that they have applied to register their aircraft
and believe that there should be more time to complete the transition process.
Another commenter stated that he had followed the dates recommended to
obtain certification of his aircraft but expressed concern as to whether an
airworthiness certificate would be issued for his aircraft by the One
commenter noted that he has been a powered parachute flight instructor and is
now an examiner for powered parachutes. He
stated that he has been unable to give practical tests for powered parachutes
because he needed a CFI powered parachute class to sign his application for the
test and there are none in his area. He
questioned the need to reduce the value of all unregistered powered parachutes
after the One
commenter requested that the time period for powered parachutes to transition to
the new rules be extended. He
specifically requested that the FAA only require the aircraft to be registered
by One
commenter stated that he has recently purchased a powered parachute and that the
deadline for completion of the transition process should be extended to One
commenter specifically stated that there is not enough time to complete the
transition process and stated that he was against the sport pilot rule
pertaining to powered parachutes. Another
commenter expressed concerns that the Of
those commenters who oppose the petitioner’s request, one commenter stated
that an extension of the rule’s provisions is not needed since he believes
that there has been ample time for individuals to comply with the provisions of
the rule. Another commenter
questioned the number of instructors ASC states it had registered with its
organization and also questioned the need for the extension of the transition
period. The
FAA's analysis is as follows: The FAA has considered fully
the petitioner’s supporting information as well as the comments submitted in
response to the announcement in the Federal Register supporting and
opposing the petition on behalf of ASC. The
FAA finds that a partial grant of exemption would provide a level of safety
equivalent to that provided by the regulations.
The FAA also finds that a partial grant of exemption would be in the
public interest. The
final rule, “Certification of Aircraft and Airmen for the Operation of
Light–Sport Aircraft,” was published in the Federal Register on One
of the main objectives of the 2004 final rule was to provide a means for persons
operating ultralight–like aircraft that do not meet the provisions of § 103.1
to obtain airworthiness certification of those aircraft.
To certificate these ultralight-like aircraft, the FAA added paragraph (i)
to § 21.191. That section specifies
the purposes for which experimental certificates are issued.
The new paragraph establishes that the FAA can issue an experimental
certificate for the purpose of operating a light-sport aircraft.
Paragraph (i)(1) of that section permits these certificates to be issued
for existing aircraft that exceed the weight, occupant, or performance
limitations of §
103.1 provided the aircraft has not previously been issued a At
the time the final rule was published, the FAA believed that by establishing a
period of more than 3 years for an applicant to obtain an experimental
certificate under the provisions of new § 21.191(i)(1), it provided applicants
with sufficient time to register their aircraft and take those actions necessary
to obtain an experimental certificate. As
of The
FAA, in conjunction with the light-sport aircraft community, has expended
significant resources to establish an infrastructure to support the sport
pilot/light-sport aircraft initiative. The
FAA also recognizes that many of those who sought to certificate their aircraft
may not have been able to do so as a result of the need to develop the
infrastructure necessary to effectuate this process.
The FAA continues to support the development of this infrastructure but
again recognizes the difficulty in issuing experimental certificates for the
large number of aircraft that are currently registered by The
FAA believes it is in the public interest to obtain the safety benefits
resulting from the completion of those actions necessary for the issuance of
experimental certificates for those aircraft which already have been registered.
Achieving the certification of these ultralight-like aircraft was one of
the primary goals of the 2004 final rule. The
FAA, therefore, finds that it is in the public interest to grant the
petitioner’s request for an exemption from the provisions of § 21.191(i)(1).
Additionally,
the FAA finds that there is no adverse effect on safety by permitting those
aircraft that meet the conditions and limitations specified in this exemption to
be issued an airworthiness certificate after the §
21.191(i)(1). This finding is based on the fact that ultralight-like aircraft
that meet the definition of light–sport aircraft will no longer be permitted
to conduct operations without airworthiness certificates under exemptions to §
103.1 after January 31, 2008, and ultralight-like aircraft that have been
registered are not permitted to be operated until airworthiness certificates
have been issued for those aircraft. The
FAA notes that the conditions and limitations specified in this exemption
specifically require a person who seeks to obtain an airworthiness certificate
for his or her aircraft under the provisions of § 21.191(i)(1) to have their
aircraft registered in the The
FAA reiterates that a person whose aircraft has been registered in the The
FAA does not find that it is in the public interest to grant an exemption to §
61.431. The 2004 final rule asserted
that the provisions of this section were intended to encourage and assist
ultralight instructors registered with FAA–recognized ultralight organizations
to obtain flight instructor certificates with a sport pilot rating. The
provisions of that section are only applicable to persons who were registered
ultralight instructors with an FAA–recognized ultralight on or before The
FAA does not find that it is in the public interest to grant an extension of
Exemption 6080. That exemption was
granted to permit individuals authorized by the petitioner to provide
instruction in two-place powered ultralight-like aircraft that do not meet the
provisions of § 103.1. That
exemption was originally granted to facilitate training in the operation of
fully compliant ultralight vehicles. As
that training can now be accomplished under the provisions of the 2004 final
rule, the FAA finds that an extension of that exemption is no longer warranted.
Additionally,
the FAA believes that continuing to permit training to be accomplished in
ultralight-like aircraft under the provisions of
Exemption 6080 would remove a significant incentive for owners and
operators of ultralight-like aircraft to obtain certification of those aircraft
under the provisions of § 21.191(i)(1). An
extension of the provisions of that exemption would provide a significant
benefit to those persons who failed to take action to register their aircraft in
an effort to obtain an experimental certificate and comply with the provisions
of § 21.191(i)(1), while precluding those individuals who took action to
register their aircraft in an effort to obtain certification under §
21.191(i)(1) from obtaining relief.
See next page
The FAA’s DecisionIn consideration of the foregoing, I find that a
partial grant of exemption is in the public interest.
Therefore, pursuant to the authority contained in 49 U.S.C.
§§ 40113 and 44701, delegated to me by the Administrator, Aero
Sports Connection, Inc., is granted an exemption from § 21.191(i)(1) to
the extent necessary to allow members of ASC to obtain an airworthiness
certificate for their light-sport aircraft under the provisions of that
paragraph after January 31, 2008, subject to the following conditions and
limitations. The petitioner’s request for an exemption from § 61.431 and for
an extension of Exemption 6080 is denied. Conditions and Limitations1.
An aircraft issued an airworthiness certificate in
accordance with the provisions of this exemption must not have previously been
issued a 2.
Upon application for an airworthiness certificate, a person who seeks to
exercise the privileges of this exemption must provide evidence acceptable to
the Administrator indicating that the aircraft has been registered in the 3.
Any person applying for an airworthiness certificate for an aircraft under the
provisions of this exemption must present a copy of this exemption at the time
of application for the airworthiness certificate.
The applicant must also provide evidence that he or she is a member of
ASC and authorized to exercise the privileges of this exemption. 4.
A person whose aircraft has been registered in the 5.
ASC must provide the FAA with a list of those members seeking to exercise the
privileges of this exemption and a list of those members whose aircraft have
been issued airworthiness certificates under the provisions of this exemption
since the previous list was submitted. Each
list shall contain the person’s name and address and the make, model, and
registration number of aircraft for which an airworthiness certificate is sought
or has been issued. These lists will
be submitted quarterly to the FAA’s Light-Sport Aviation Branch (AFS-610) on
or before the last day of March, June, September, and December while this
exemption remains in effect. This exemption terminates on Issued in /s/ James
J. Ballough Director,
Flight Standards Service
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