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