New NPRM Proposes to Formally Restore Flight Training in Experimental Aircraft, Make E-LSAs Eligible for Hire in Authorized Training Operations

June, 2023 — A Notice of Proposed Rulemaking (NPRM) from the FAA entitled “Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges” will be published tomorrow in the Federal Register. Among several rule changes, the NPRM proposes to codify the ability to train, without any further FAA authorization, in experimental, limited, and primary category aircraft when the use of aircraft 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 where the aircraft is offered for hire. This has allowed and would continue to allow training operations to offer transition training to appropriately rated members of the flying public where the use of an experimental aircraft is compensated.

Another significant rule change proposed in the NPRM is the removal of a prohibition on experimental light-sport aircraft to be used in compensated training operations. Over the years, this restriction has severely limited the availability of suitable aircraft for ultralight training. With an appropriate LODA, these aircraft would once again be legal for training prospective ultralight pilots. This is a long-awaited change first proposed in 2018 in an NPRM that was later withdrawn and combined with this new rulemaking initiative.

The NPRM, like most rulemaking documents, is complex. EAA is reviewing the document in detail and will provide appropriate comments. Once the NPRM is published, the FAA will accept comment for 60 days.