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As an instrument-rated airplane pilot and a litigator, I read with interest the Aviation Law column, “ Does Federal Aviation Act Preempt State Law Product Liability Actions?,” (NYLJ, Aug. 31). Unfortunately, there appears to be an error in the statement that, “Of course, every airplane and helicopter made in the United States must be certified by the [Federal Aviation Administration] to meet certain federal minimum standards.”

In fact, there is a relatively new category of aircraft known as LSA—light sport aircraft. These are not certified by the FAA, but are self-certified by the manufacturers themselves. And the standards are not promulgated by the FAA, but by industry consensus, as reflected in the standards of the American Society for Testing and Materials (ASTM). It will be interesting to see how preemption, as advocated by manufacturers, will fare in the case of light sport aircraft and the fact that the standards are promulgated not by the government, but by the industry itself.

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