Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Rules and Regulations accordance with a LODA issued under 91.319h.7
The distinction set forth in FAA
Order 8900.1 is inconsistent with the definition of operate in 1.1 and the plain language of 91.319. Where a regulation and guidance conflict, the regulation controls.8 Accordingly, owners of experimental aircraft and flight instructors who have operated experimental aircraft for the purpose of compensated flight training without obtaining a LODA as allowed by FAA
guidance will be required to obtain a LODA to remain compliant with the regulations.

khammond on DSKJM1Z7X2PROD with RULES

III. Process for Compliance The FAA acknowledges that the disconnect between the regulations and the guidance to inspectors has created confusion in industry. The FAA also recognizes the value of specialized flight training in aircraft that hold special airworthiness certificates under certain conditions. This section provides guidance to owners of affected aircraft and flight instructors seeking to conduct flight training for compensation in these aircraft.
A. Experimental Category Aircraft In general, the FAA places limitations on the use of aircraft that hold experimental airworthiness certificates because the airworthiness certification requirements for these aircraft impose no standard and pose unique operational risk to the national airspace system. FAA regulations and guidance direct that, for most training, pilots should use a standard category aircraft to accomplish training rather than aircraft that hold special airworthiness certificates.
Section 91.319h, however, permits a person to apply for deviation authority to conduct flight training in an experimental aircraft. Currently, individuals seeking to provide flight training and receive compensation for both the flight training and the use of the experimental aircraft must submit an application package to the Flight Standards District Office FSDO in the district in which the training will take place. Under 91.319h2, a request for deviation authority must contain a complete description of the proposed operation and justification that establishes a level of safety equivalent to that provided under the regulations for 7 Although there is no written guidance for limited category and primary category aircraft, the FAA has applied the same approach to flight training for compensation in limited category and primary category aircraft.
8 The FAA will revise the guidance in the 8900.1
to reflect the requirements in the regulation.

VerDate Sep<11>2014

16:15 Jul 09, 2021

Jkt 253001

the deviation requested. The FAA
generally limits LODAs to training that can only be accomplished in aircraft with experimental certificates and directs its inspectors that, with a few exceptions, LODAs should not be issued to permit flight training in experimental aircraft leading toward the issuance of a pilot certificate, rating, or operating privilege.
As discussed, FAA guidance incorrectly indicates that no LODA is necessary if the owner of an experimental aircraft provides compensation for flight training in the owners own aircraft and no compensation is provided for the use of the aircraft itself. The FAA will update the guidance to align with the regulation, as previously discussed. To mitigate disruption for this type of flight training, which has been allowed under FAA guidance and is viewed as an increased safety measure for pilots who regularly fly these aircraft, the FAA has developed an interim process to issue LODAs to the owners of experimental aircraft and flight instructors that will permit flight training for compensation in experimental aircraft when no compensation is provided for the use of the aircraft.
The FAA finds that, for owners of experimental aircraft seeking flight training in the aircraft they will regularly fly in the national airspace, the standard under 91.319h2 for granting a LODA has been met. The FAA has long emphasized the importance of pilots being trained and checked in the aircraft they will operate.
Specifically, it is critical that pilots understand and are familiar with the particular systems, procedures, operating characteristics, and limitations of the aircraft they will operate. This flight training is distinct from a situation where an aircraft with a special airworthiness certificate is held out broadly for training to individuals who pay for both the flight training and the use of an aircraft that they will not have further access to upon completion of LODA training. It is also distinct from flight training that can be accomplished effectively and safely in a standard category aircraft.
The FAA will accept requests for a LODA electronically from an owner of an experimental aircraft or flight instructor who chooses to conduct training in experimental aircraft.
LODAs, once issued, will define the scope of the flight training activity so that owners of experimental aircraft may receive and provide compensation for flight training in their aircraft, as well as permit flight instructors to receive compensation for flight training in an
PO 00000

Frm 00013

Fmt 4700

Sfmt 4700

36495

experimental aircraft. These LODAs will prohibit owners and flight instructors from receiving compensation for any other use of the aircraft in which the flight training is provided.
To obtain a LODA, owners of experimental aircraft and flight instructors providing flight training in experimental aircraft may submit a request to the following email address:
9-AVS-AFG-LODA@faa.gov. Applicants seeking a LODA through this process must provide the following information:
Name Address Email address Pilot Certificate Number Flight instructor certificate number if applying as a Certificated Flight Instructor CFI
Aircraft Registration Number if applying as an owner Aircraft make/model in which you will receive or provide instruction Aircraft home base airport if applying as an owner The FAA will review the information submitted and issue a LODA via email that reflects the conditions and limitations contained in this notification, as well any additional limitations required in accordance with 91.319h and i.
Individuals seeking to provide flight training and receive compensation for both the flight training and the use of the aircraft must continue to apply for LODAs through their local FSDOs.
B. Limited Category and Primary Category Aircraft Section 91.315 does not permit an individual to obtain deviation authority to conduct flight training for compensation or hire in a limited category aircraft. Therefore, as explained in the 2014 legal interpretation, the only way to provide flight training for compensation in a limited category aircraft is pursuant to an exemption from the regulation.
Because there is no deviation authority in 91.325 for primary category aircraft, the owners of these aircraft and flight instructors seeking to conduct flight training for compensation must likewise obtain an exemption from the regulation.
As with the process for issuing LODAs to owners and flight instructors, the FAA will consider adopting a fasttrack exemption process for owners of limited category and primary category aircraft seeking to conduct flight training for compensation in these aircraft. As with experimental category aircraft, the FAA will consider granting relief for flight training operations when
E:FRFM12JYR1.SGM

12JYR1