AOPA Action

AOPA Questions Inconsistencies in FAR Part 61 Revision

AOPA has expressed disappointment that the FAA's proposed overhaul of Part 61 of the Federal Aviation Regulations does not provide the economic and regulatory relief promised by the agency. While AOPA noted some improvements over current regulations, the association opposes a significant number of individual changes.

According to Douglas C. Macnair, AOPA's director of aviation standards, the FAA's effort to clarify current regulations by codifying existing policy and interpretations would result in far less flexible rules than those currently in effect. "The FAA has created considerable chaos between various sections of Part 61," he noted. "While some individual paragraphs are more readily understandable as a result of the proposed changes, the regulation as a whole is full of conflicting requirements and terms."

The AOPA Air Safety Foundation performed extensive statistical analyses regarding substantiation — or lack thereof — of the FAA's assumptions. Particular effort centered on changes to flight instructor, cross-country, and night-flying requirements.

The following is an overview of AOPA's position on some of the proposed changes to Part 61 outlined in AOPA Pilot last month (see "Bye-bye, CFI?" October Pilot).

• AOPA supports the proposal to eliminate the requirement for a third-class medical certificate for recreational pilot certificate holders and higher-rated pilots operating under the privileges of a recreational pilot certificate. However, the FAA has requested comment on an array of potential limitations that could be placed on this provision, such as limiting eligibility to pilots who have never been denied a medical certificate or restricting pilots who have a history of drug or alcohol addiction or a variety of other medical conditions. AOPA believes the FAA should not attempt to create what amounts to another class of medical certificate through these proposed restrictions.
  
  In addition, AOPA maintains it is important for airmen taking advantage of the proposed exemption to remain on record with the FAA for the purpose of receiving safety alerts, safety seminar information, ADs, and other safety-related communications. Currently the FAA relies on address updates from its Aeromedical Branch to track these airmen. AOPA believes the easiest way to continue to maintain communication with the exempted airmen would be for them to file self-certification statements (FAA Form 8710), just as glider and balloon pilots do today.
• AOPA supports the proposal to permit the issuance of any pilot certificate or rating to the holder of a third class medical certificate. This would promote training and education without compromising safety, as a higher class of medical certificate would still be required before exercising the privileges of a higher certificate or rating.
• AOPA supports the codification of existing policy permitting flight instructors to give instruction without a medical certificate provided they are not the pilot in command or a required flight crew member. AOPA further supports the provision that permits an instructor to act as a required crew member or as PIC with a third class medical certificate.
• AOPA strongly opposes splitting the CFII into single- and multiengine certificates. Under a very limited grandfather clause proposal, a significant number of multiengine instrument instructors would lose their ability to teach instruments in multiengine aircraft. The FAA offered no justification for this change other than to mirror the pilot certificate proposals.
• AOPA supports the attempt to clarify policy regarding the logging of flight and instruction time but is opposed to changes to current policy resulting from change in language. Under the proposal, for example, the FAA has eliminated the possibility of two pilots logging PIC time simultaneously, with one logging time as PIC and the other logging PIC time as sole manipulator of the controls. As a result, a pilot receiving an aircraft checkout could not log the time as PIC, because he or she is not receiving instruction toward a certificate, rating, or recency-of-experience requirement. This would occur in all instances of instruction that do not fit into these three categories, because only one pilot could log PIC at a time. This also places the instructor in the position of being PIC for all instruction flights not leading toward a certificate, rating, or recency-of-experience requirement.
• AOPA supports the removal of the 125-hour total time and 50-hour PIC cross-country requirements for the issuance of an instrument rating, believing that this will encourage more pilots to continue their education into valuable instrument training upon completion of the private pilot certificate. In AOPA's view, this change will significantly enhance safety over time.
• AOPA supports the proposal to drop the six-hour/six-month instrument time requirement in favor of better targeted experience. The association believes that targeting safety-related tasks will provide a safety benefit while also producing a cost saving for those instrument pilots who cannot fly six hours in instrument conditions. AOPA, however, does not agree with the specific tasks identified by the FAA as being critical to safety in instrument flight. These tasks could prove to be burdensome, unnecessary, and — in one instance — unsafe. The proposal calls for logged experience in the following:
  1. Holding procedures — AOPA cannot find evidence of a safety problem with holding procedures in instrument flight.
  2. Intercepting and tracking VOR radials and NDB bearings — AOPA believes that the regulations should not be tied to a specific navigation technology. Some aircraft are not equipped with ADF receivers, and many NDBs are being decommissioned. The regulation should read "navigation by reference to instruments."
  3. Recovery from unusual attitudes — AOPA believes this is an unsafe practice without the supervision of an instructor or safety pilot.
     
     Under the proposal, the FAA would not require any of these activities to be conducted in actual or simulated instrument conditions. This raises significant questions about the value of requiring such logged experience.
• AOPA supports the concept of codifying into the regulation the long-standing policy of sharing expenses because many pilots are caught up in "illegal air taxi" enforcement cases as a result of their ignorance of the nuances of this policy. However, the association does not believe that the provision permitting only the sharing of fuel, oil, and airport fees is adequate. AOPA maintains that consideration must be given to aircraft rental fees and engine and propeller reserves for aircraft not rented.
• AOPA supports the proposed reduction in the length of the solo cross-country flight requirements for private and commercial pilot certificates. In lieu of the long cross-country requirement, AOPA supports the addition of a dual night cross-country flight requirement. This targets the night flight safety issues evident for low-time pilots in the accident data.
• AOPA generally supports the notion that flight training toward a certificate or rating should be conducted to a written syllabus but strongly opposes stringent new record-keeping requirements attached to the syllabus proposal. These provisions appear to be geared primarily toward facilitating FAA enforcement proceedings. AOPA believes that the current requirements for logbook entries are adequate and can find no indication that further record-keeping requirements will improve flight safety or the quality of training.

The complete text of the NPRM is available through AOPA Online on CompuServe (library: Active Rulemaking; filename: NOT9511.ZIP); by submitting a request referencing docket number 25910 to the FAA, Office of Public Affairs, Attention: Public Inquiry Center, APA-220, 800 Independence Avenue, S.W., Washington, D.C. 20591; or by calling 202/267-3484.

Comments to the docket may be filed in writing to the FAA or electronically through AOPA Online on or before December 11, 1995. Electronic comments should be addressed to "AOPA Regulatory Comments" at 102475,1613 on CompuServe. Internet users may address comments to [email protected].

The following example is offered in support of AOPA's assertion that the Part 61 NPRM is complex, confusing, and potentially harmful in its wording.

The FAA defines Supervised PIC (solo) as flight under the supervision of an authorized flight instructor that may be logged by a student pilot or a pilot who is not rated in the aircraft flown.

The FAA is now adding a requirement for Supervised PIC time, including cross-country time, for multiengine ratings. This time must be accomplished in a multiengine aircraft.

Problem: The insurance industry in general does not look kindly upon unrated or low-time pilots flying solo in multiengine aircraft, so it is unlikely that insurance could be obtained for these required operations.

Contradiction: The Supervised PIC requirements are also applied to commercial multiengine ratings. If a multiengine- rated private pilot seeks a multiengine commercial certificate, he or she is still subject to the Supervised PIC requirements. Yet such pilots cannot log time under the proposed definition of Supervised PIC because they are not student pilots and they are rated in the aircraft flown.

The document is full of similar examples where language changes have created new problems or unintended requirements, and in many instances there are outright contradictions between sections of Part 61.

AOPA LEGISLATIVE ACTION

AOPA Legislative Action Calls Duncan/Lightfoot Bill 'Giant Step Forward'

True FAA reform moved a step closer on September 7 as Representatives John Duncan (R-TN) and Jim Lightfoot (R-IA) jointly introduced the Federal Aviation Administration Revitalization Act of 1995.

"The Duncan/Lightfoot bill is a giant step forward," said Phil Boyer, speaking for AOPA Legislative Action. "We've been debating FAA reform for more than two years. This bill will have a far-reaching impact on rejuvenating our safe and efficient national air transportation system."

Boyer said that the two House leaders had crafted "a twenty-first century model" for governing air transportation.

"Representatives Duncan and Lightfoot refused to compromise safety by accepting the prevailing wisdom that corporatization or privatization always provides the best solution," said Boyer. "Their forward-looking legislation will fix deficiencies in the Federal Aviation Administration while properly charging the FAA with protection of the flying public under Congressional oversight."

The Duncan/Lightfoot bill will retain most of the key elements of the FAA Reform Act previously introduced by Lightfoot, including FAA independence from the Department of Transportation and relief from cumbersome government procurement and personnel procedures. That bill drew heavily from AOPALA's five-point FAA reform proposal presented to Congress in February.

Duncan, the House aviation subcommittee chairman, added to Lightfoot's original legislation a five-member independent federal aviation board to set policy and ratify key decisions. Day-to-day FAA management would be in the hands of a chief operating officer, who would take the place of the current FAA administrator.

The new bill also includes the initiative of House Transportation and Infrastructure Committee Chairman Bud Shuster (R-PA) to take the Airport and Airway Trust Fund "off- budget," making it easier to spend its $5 billion surplus for aviation infrastructure improvements.

Boyer applauded bipartisan co-sponsorship for the Duncan/Lightfoot bill, particularly the strong endorsement from Representative Jim Oberstar (D-MN), the ranking Democrat on the aviation subcommittee.

"The sponsors and supporters of this bill have concluded that true reform within government is the best way to solve the FAA's problems and protect the safety of the flying public," said Boyer.

AOPALA pledged support for the Duncan/Lightfoot bill as it moves through the legislative process.

AOPA Legislative Action was established to foster and promote general aviation in the United States for the benefit of all Americans.

AOPALA Opposes Senate FAA Reform Bill

AOPA Legislative Action is opposed to key elements of the FAA reform bill introduced on September 12 in the Senate by John McCain (R-AZ) and Wendell H. Ford (D-KY). The Federal Aviation Administration Streamlining Act of 1995 would impose new user fees on the aviation industry and would call for cutting off general-fund financing for the FAA. It would keep the agency under the Department of Transportation.

"We are unalterably opposed to new user fees on top of the federal user taxes aviation currently pays," said Phil Boyer, speaking for AOPALA. "And we are disappointed that the Senate bill does not reestablish the FAA as an independent agency.

"We are opposed to making system users 100-percent responsible for funding all of the FAA since its safety and regulatory operations benefit all Americans, not just those who operate aircraft or travel aboard the airlines."

Boyer said lack of revenue had not been a problem in the past and it has yet to be established that more revenue will be necessary in the future. He said a new type of user fee, on top of current federal user taxes assessed on general aviation fuel or airline passenger tickets, would not be the best way to meet the FAA's needs.

"What do we say to the pilot who points out that there is a $5 billion surplus in the aviation trust fund while the federal user tax on general aviation fuel has been increased twice in the past five years?" asked Boyer. "The existing funding mechanism is not hopelessly broken. The FAA doesn't need a new system for generating revenue."

AOPALA said any perceived funding gap should be addressed first by finding savings at the FAA. For example, Senate Appropriations Committee Chairman Mark Hatfield (R- OR) recently said that 20 percent could be cut out of the FAA's procurement budget if the agency had the kind of flexible acquisition system he included in the DOT funding bill. Those savings are estimated at $420 million annually.

Boyer said other savings could come from personnel and other procurement reform, along with the already anticipated switch from a land-based navigation system to satellite-based GPS.

AOPALA also opposed eliminating general-fund taxpayer support for FAA operations. "The nation's economy and the entire American public benefit from a safe and efficient air transportation system," said Boyer. "Airspace users — whether air passengers, general aviation pilots, or the military — pay for the vast majority of air traffic costs. But as small as it is, the general-fund public-benefit contribution is clearly appropriate."

Boyer noted that other parts of the Senate bill, particularly FAA procurement and personnel reform, reflected positions advocated by AOPALA.

"While we are concerned by the major revenue proposals in this version of the bill," said Boyer, "we are willing and anxious to continue working with the Senate aviation subcommittee to craft a comprehensive reform package that general aviation can support."

AOPALA Alerts Pilots to Weigh in Against New Fees in Senate Bills

AOPA Legislative Action issued an alert via telephone and 80,000 Western Union mailgrams asking pilots in key states and districts to weigh in against aviation user-fee provisions in the Senate appropriations bill and the new Senate FAA reform bill.

"If general aviation thought a reasonable consensus had prevailed in Washington on FAA reform, I would warn them that was last week's news," said Phil Boyer, speaking for AOPALA. "The administration has cashed in its privatization gambit to back unjustified new charges on aviation. It's time to make our opposition absolutely clear."

Pilots were contacted by telephone and asked to call their legislators personally to advocate cost savings through FAA reform, not revenue increases through new kinds of user fees.

Boyer asked pilots to help build support for the House appropriations bill, and not the Senate appropriations measure imposing precedent-setting new user fees.

On the first day, 73 percent of the first 400 pilots contacted by phone agreed to call their elected member of Congress on the issue.

Since 1970, general aviation has paid dedicated federal user taxes on aviation gasoline and jet fuel to support air traffic control operations, ATC modernization, and airport improvements. Today, a surplus of nearly $5 billion is still on the books. Senate legislation now proposes additional new fees for FAA regulatory services.

AOPALA supports the current user tax mechanism as both appropriate and more than sufficient to support FAA funding needs.

"The FAA's problem is not money," Boyer told pilots. "The problem is management. In fact, the FAA itself estimates that procurement reforms alone would save 20 percent of the Facilities and Equipment budget — more than $400 million a year, or nearly $3 billion by 2002.

"Let's get FAA reform back on track," Boyer said in reference to a controversial new White House-backed Senate FAA reform plan introduced on September 12.

Boyer's mailgram to 80,000 pilots asked them to contact senators in support of Senator James Inhofe's FAA reform bill S.928 instead of new Senate Commerce Committee legislation proposing new user fees to support an FAA still under the Department of Transportation. S.928 is co-sponsored by senators Conrad Burns and Nancy Kassebaum.

Inhofe's S.928, and the Duncan/Lightfoot bill in the House, would restore the FAA as an independent federal agency, free it from burdensome government procurement and personnel rules, and implement management reforms. The Duncan/Lightfoot legislation would also take the Airport and Airway Trust Fund off-budget.

AOPA NATIONAL ACTION

FAA Names AOPA's Brown to ARAC Post

The FAA has announced the appointments of Sarah H. MacLeod and Steven J. Brown as chair and vice chair, respectively, of the Aviation Rulemaking Advisory Committee (ARAC). Brown is AOPA's senior vice president for government and technical affairs. MacLeod is executive director of the Aeronautical Repair Station Association.

In announcing the appointments, FAA Administrator David R. Hinson said, "Sarah's knowledge of FAA regulations through her work with the aviation maintenance industry and Steve's knowledge of legislation and regulations impacting aviation through his work with AOPA will prove extremely helpful to us as we work with ARAC's 64 member organizations to develop rules to further enhance safety for the aviation community."

Chartered by the FAA in February 1991, ARAC represents the entire aviation community. The committee's goal is to provide advice and recommendations to the FAA concerning the full range of the agency's rulemaking activity, including air carrier operations, airman and aircraft certification, airports, security, and noise.

Brown, who also serves as secretary general of the International Council of Aircraft Owner and Pilot Associations, is a commercial pilot and flight instructor in single- and multiengine airplanes. In accordance with ARAC rules, following his one-year appointment as vice chair, he will succeed MacLeod as chair for a one-year term.

AOPA REGIONAL ACTION

Stacy Hamm Appointed AOPA Regional Representative for Western States

AOPA has named Phoenix-area resident and long-time general aviation advocate Stacy Hamm as AOPA's regional representative for Arizona, Utah, and Nevada.

"Stacy brings a broad knowledge and, more important, a tremendous enthusiasm to AOPA's regional representative program," said Bill Dunn, AOPA vice president for regional affairs. "Her experience will prove invaluable in promoting and defending general aviation in the West."

Hamm is a 1,700-hour instrument-rated pilot and Beech Bonanza owner. She's been flying since 1976. She is a member of the Arizona Aviation Safety Advisory Group. Previously she worked as an aviation insurance agent and as a career counselor for an A&P school.

With her particular interest in education, Hamm is assisting the Arizona Department of Aeronautics in designing programs for "Aviation Education Week" and "Discover Aviation Month." She developed aviation badgework and interest projects for the Arizona Girl Scout Council and is an active speaker in schools and youth organizations.

Hamm also coordinated registration, fueling, and briefing procedures for the Phoenix 500 Air Races.

"I'm a general aviation enthusiast," said Hamm. "I'm here to see that pilots keep flying and that general aviation continues to have a future."

AOPA MEMBERSHIP ACTION

1995 AOPA Journalism Award Winners Named at Expo '95

A nationally known newsman and commentator, a Texas public television producer, and a Denver newspaper writer have won AOPA's 1995 Max Karant Journalism Awards. The annual awards recognize fair, accurate, and insightful reporting on aviation in the general, non-trade media.

ABC's Hugh Downs took top honors in the radio category for a blistering commentary on product liability. His Perspective — Flying Into the Ground described how America's piston-engine airplane builders were being "wrecked by wacky liability laws." Downs documented how multi-million-dollar lawsuits, decided by juries who knew nothing about aviation, had nearly destroyed an American industry which once built 90 percent of the world's general aviation aircraft.

"Without small planes," Downs said, "flight schools cannot graduate student pilots. Who will fly the big planes if nobody's learning to fly the little ones?"

Downs' compelling oratory made a forceful case to a national audience just as Congress was considering aviation tort reform. Downs' strong voice contributed to public support for product liability reform that ultimately passed the 103rd Congress.

While Downs' entry dealt with aviation's future, the television winner was a tribute to aviation's past. Honor Squadrons, produced by Todd C. Hewey for Texas public station KUHT-TV, is a vivid evocation of the aircraft of World War II and the men and women who flew them. The program profiled members of the Confederate Air Force who restore, maintain, and fly those warbirds today.

Using little narration, Hewey allowed the participants themselves to tell the story. Veterans, including former President George Bush and former Treasury Secretary and Senator Lloyd Bentsen, reminisced of wartime experiences. Artful camera work and editing gave vivid life to the veteran aircraft, helping the audience to understand why the CAF and others are so committed to keeping them flying.

Mary George, writing for The Denver Post, covered a wife's perspective on general aviation today with her feature story, "It's Oshkosh, B'Gosh! Aviation Buffs Flock to Wisconsin Field for World's Fair of Flying."

Winner in the print category, George's first-person report chronicled the conversion of a reluctant passenger to enthusiastic pilot who first indulged — then embraced — her husband's fascination with fly-ins, airshows, and grassroots aviation.

George looked at the Oshkosh fly-in with an "outsider's" point of view, explaining the lure and fascination of aviation and the community of flyers. She showed how the shared experience of flying can enrich family relationships.

An Honorable Mention in the print category went to a reporter who admitted she was and still is scared to fly. But that didn't stop Kim Weaver Spurr from writing a comprehensive and thoughtful story on learning to fly for The Herald-Sun of Durham, North Carolina.

Another print Honorable Mention went to Mort Crim's "Just Plane Folk." The veteran Detroit TV anchor wrote his homage to Oshkosh for the Detroit Free Press.

Ric Mixter of TV station WNEM in Saginaw, Michigan, was awarded an Honorable Mention for television reporting for his first-person accounts of learning to fly.

A radio reporting Honorable Mention went to Mark Roberts of Denver, Colorado, reporting for NPR on aircraft battling an Idaho forest fire.

The entries were judged and winners determined by an independent panel of journalists from print, radio, and television. Winners in each category receive $1,000.

AOPA Online Schedules Interactive Conferences for November

Tuesday night conferences on AOPA Online on CompuServe this month will feature:

• November 7: FAA proposals to tighten medical standards (and make flying more expensive) will be the subject of this conference featuring AOPA Medical Director Gary Crump.
• November 14: Director of Media Relations Warren Morningstar, who spearheads AOPA's efforts to improve GA's image, will share insights on convincing reporters that general aviation is a benefit to society.
• November 21: Bill Dunn, vice president for regional affairs, will present a program on "How To Save Your Airport from Closing."
• November 28: Why is airplane maintenance so expensive, and how can you minimize that cost while staying both safe and legal? AOPA maintenance expert Ray Gebhart answers questions in this lively hour on GA maintenance.

All conferences run from 9 to 10 p.m. Eastern time in Conference Room 1 on AOPA Online on CompuServe. To participate in these conferences, sign on to CompuServe and GO AOPA. If you are not a CompuServe subscriber, call 800/GO2- AOPA for free software and a month's free usage.

AOPA-Australia President Visits IAOPA

Dick Smith, recently elected president of AOPA-Australia, met with Phil Boyer, president of the International Council of Aircraft Owner and Pilot Associations (IAOPA) and Steve Brown, secretary general, during September at IAOPA's Frederick headquarters. During the meeting, reform of air traffic control services and future airspace design were discussed. The Civil Aviation Authority in Australia has recently hired retired FAA senior managers to lead that country's air traffic and flight standards organizations. More than 10,000 pilots are members of AOPA in Australia.