My opinion is that, if we as a community try to "slip one by" the FAA then all the tandem exemption will end up excluding wheels altogether. If we're using it for the allowed purpose (so far, instruction only) then we'll be able to keep it. Now that Sport Pilot is here, it would be an easy matter for the FAA to say "that looks like a PPC and we won't include it." Lets be responsible and avoid that undesirable outcome!

What is NOT included in Sport Pilot

For single-place powered paragliders, the answer is simple, they do not fall under Sport Pilot. As long as the unit weighs less than 254 pounds, it's an ultralight and falls under part FAR 103. Even with wheels, it just has to meet the requirements of weight, speed and fuel capacity.

For two-place foot-launched operations the answer is also simple, they are still not part of Sport Pilot and will continue to fall under the exemption held by USUA (along with EAA and ASC). 

For two-place wheel-launched operations, things get more complex. If the craft is a Powered Parachute than it falls under Sport Pilot. So the question is, when does a wheeled powered paraglider become a powered parachute?

The FAA's 14 CFR Federal Aviation Regulations part 1 definition: 

A "Powered parachute means a powered aircraft comprised of a flexible or semi-rigid wing connected to a fuselage so that the wing is not in position for flight until the aircraft is in motion. The fuselage of a powered parachute contains the aircraft engine, a seat for each occupant and is attached to the aircraft's landing gear."

A powered paraglider is not defined because it is not covered. But The original sport pilot issuance on July 27, 2004 further explained:

"As stated in the proposed rule, the FAA specifically intended to exclude from consideration as light sport aircraft configurations in which the engine and/or wing is mounted on the person operating the aircraft, rather than a fuselage."

Telling the Difference between PPC and PPG

It isn't black and white, it's shades of gray where black is "Powered Parachute" and white is " Powered Paraglider".  If it is a bona-fide powered paraglider, than instructors can teach tandem with the machine under the USUA exemption through the USPPA/USUA training program.

Here are some things that make a 2-place unit more like a powered paraglider than a powered parachute.

1. (reg) The paramotor used has it's own harness which is used even in tandem operations.

2. (reg) The wing is attached to the harness, not the frame.

3. If the frame failed in any way, the wing would continue to support the weight of the occupants and motor using the harness while remaining controllable. This means the frame is acting more as a spreader bar than a fuselage.

4. The paramotor is or has been commonly flown in foot-launched operations whether solo or tandem with the same pilot harness used for tandem.

5. The paramotor/harness easily comes off of the wheeled portion and can then be flown as a foot-launched unit.

See also Flying with wheels for information about wheeled choices and techniques.

Does this qualify?

I believe it does and so do the USUA/USPPA folks. This common configuration meets all the listed items except 2. But that is because the frame is acting as a "spreader," an essential function of even foot-launched tandem units (see below). 

This LaMouette paramotor was used for years as a foot-launched machine and still is flown by a few. The paramotor detaches easily and becomes foot-launchable again. Although "foot-launched" is not in the definition, it is what they wanted to exclude from sport pilot.

These spreader systems are employed on nearly all tandem systems including those used for free flight (middle picture).

How Long with the Exemptions Last?

In the rule's issuance the FAA excludes tandem powered paragliding training and states that exemptions will be renewed until a final rule that has yet to be done. An effort was underway but has fallen by the wayside as the FAA has not made the time to deal with it. Until that point, however, they have assured us that exemptions will continue to be issued.

The statement contained in the final Sport Pilot rule:

"III.5.B. Future Rulemaking on Ultralight Vehicles 
The NPRM did not address, nor does the final rule address, the use of hangliders, paragliders and powered paragliders in tandem operations and training. There is a need to address these issues, but the FAA did not examine questions in this area for this rule. Rather than delay this rule to include these issues, the FAA intends to initiate a separate rulemaking action. Until that can be completed, the FAA intends to maintain the status quo for these operations by continuing or reissuing training exemptions as necessary."