AOPA Action

FAR Part 61 Released, Mostly Good News

Although it contains many positive changes, the new Federal Aviation Regulations Part 61 does not include medical self-certification for pilots with recreational certificates.

"It appears the FAA kept most of the good and threw out most of the bad," said AOPA President Phil Boyer. "Yet we're extraordinarily disappointed that the reasonable, safe proposal for medical self-certification was deleted."

AOPA had pushed for the proposal, arguing that years of safe operation by glider and balloon pilots, as well as supporting medical evidence, have clearly demonstrated that self-certification would not compromise safety.

"This episode again demonstrates why the technical and safety decisions of the FAA should be removed from the direct intervention of the Department of Transportation," said Boyer.

The final rule retained nine of 10 proposals AOPA said would be most beneficial to general aviation. The FAA modified or eliminated the 32 most onerous proposed changes that would have harmed general aviation.

Among the positive proposals adopted in the final rule, effective August 4, are:

Instrument currency

The new rules eliminate the requirement for 6 hours of instrument flight in 6 months to maintain instrument currency, now requiring only that a pilot have performed and logged six approaches, along with holding and navigation tracking procedures.

Instrument rating flight-hour requirement

The 125-hour flight time requirement for starting on an instrument rating has been eliminated. A newly certificated private pilot may begin instrument training immediately. Pilots will still be required to have 50 hours' PIC before taking the instrument checkride.

Student cross-country requirement

The solo cross-country requirement for a private pilot certificate has been reduced from 300 to 150 nautical miles.

Recreational pilot 50-mile limit

Recreational pilots will now be able to fly cross-country after completing additional training and obtaining an instructor endorsement.

Onerous Proposals Changed

Among negative proposals AOPA and others were successful in having modified or removed:

Shared expense limitations

The FAA's original proposal would have permitted private/recreational pilots and their passengers to share only fuel, oil, and airport expenses, but not aircraft rental costs.

Class-specific instrument ratings for single-, multiengine airplanes

The proposal would have required pilots wanting instrument privileges in both single- and multiengine aircraft to take a full instrument checkride in both, and to maintain currency in both.

Landing currency

The FAA had proposed that all landings to satisfy currency requirements be to a full stop.

New high-performance aircraft definition

A deceptively simple word change redefining high-performance aircraft from "more than 200 horsepower" to "200 horsepower or more" would have expanded by tens of thousands the number of aircraft requiring a special instructor endorsement.

Relaxed presolo training requirements

The FAA's original proposal would have eliminated required stall entry/recovery and minimum controllable airspeed (MCA) demonstrations before a student is allowed to solo. The new rule retains stall entry/recovery demonstrations but changes MCA demonstrations to "slow flight."

Supervised pilot-in-command

A terminology change from "solo" to "supervised PIC" would have complicated training requirements, increased costs for a commercial pilot certificate, and have made it almost impossible to obtain a multiengine rating.

Flight instructor logging of pilot-in-command time

The FAA's original proposal would have prohibited a CFI from logging pilot-in-command time for any instruction not given towards completion of a certificate, rating, or a Part 61 currency requirement.

Instrument ratings for all flight instructor applicants

Even balloon and airship instructors would have been required to have instrument ratings, even though these aircraft rarely fly IFR.

Separate single-, multiengine instrument instructor ratings

This proposal would have resulted in a loss of privileges and certificates for the majority of today's CFIs.

New balloon instructor certificate

The FAA had proposed taking instructing privileges from the majority of current commercial balloon pilots.

Written syllabi for all flight training

This proposal would have created possible liability if interpreted as a contractual relationship with students as to the pace and progress of training. It would also have increased training costs.

CFI record-keeping requirements

Costly additional record keeping and records retention requirements for CFIs and ground instructors were deleted.

Additional ground instructor ratings

The original proposal would have converted today's three ground instructor certificates (basic, advanced, and instrument) into nine category- and instrument-specific ground instructor ratings, with loss of privileges and certificates for the majority of today's ground instructors.

Independent Audit Proves 'No Funding Crisis' For FAA

An independent audit of the FAA has confirmed that the agency could be more efficient, should learn to handle money, and probably won't suffer a claimed $12 billion funding shortfall over the next 5 years.

"This congressionally mandated audit shoots holes in the FAA's supposed 'funding gap,'" said AOPA President Phil Boyer. "Once you shoot that down, you've blown away the administration's arguments for user fees."

Critical areas include:

Staffing and personnel

The audit, by Coopers & Lybrand, called for "substantial reform" of this single most expensive part of FAA's budget.

Facility management and consolidation

While AOPA disagrees with some of Coopers' conclusions about closing flight service stations and decommissioning primary radar, the association concurs that contracting out low-activity towers and implementing the GPS Wide Area Augmentation System could result in considerable cost savings.

Communications

Substantial savings are possible from focusing more closely on cost management and by contracting out telecommunications services to more efficient providers.

Maintenance

The FAA could reduce maintenance expense by replacing antiquated ATC systems.

Organizational re-engineering

Despite numerous reorganizations, the FAA has not developed a consistent approach to reexamining its business processes. The auditors also suggested that senior FAA management was not always committed to any real change.

Productivity

The auditors said that the FAA must address employee productivity, including developing criteria by which improvements can be judged.

Management reforms

Coopers said that personnel, acquisition, and travel reforms initiated this year should have a major impact on the way the FAA conducts business, but conceded that the results so far have been minimal.

The report bluntly stated that the FAA "can't manage money" and noted that the agency has failed to implement a system for tracking costs.

Boyer said, "This analysis begs the question, 'By what magic are FAA managers suddenly going to become more efficient and businesslike under user fees?'"

Lack of GA Representation on NCARC 'Outrageous'

AOPA has expressed outrage that the National Civil Aviation Review Commission (NCARC) is comprised almost totally of airline and large airport interests.

"It's unconscionable that of 21 commissioners, not one appointee officially represents general aviation. Pilots and aircraft owners/operators are now the latest victims of taxation without representation," said President Phil Boyer.

NCARC was mandated by Congress last year to review FAA funding and aviation safety. New Secretary of Transportation Rodney Slater has now appointed 13 of its members. The majority and minority leaders of both houses of Congress have appointed eight others.

"We see little hope that anything fair or constructive can come from a commission so unbalanced that its decisions will never get off the ground," said Boyer. "Obtaining full industry and congressional support for its findings will be difficult, if not impossible."

Eight appointees come from the airline world or Boeing, and at least eight come from the airport community (airport management, city government, or the airport bonding pro-cess), which does not contribute a penny in user taxes that fund FAA or the air traffic control system.

Several appointees are paid lobbyists for the airlines, an inherent conflict of interest. "Is this process now so brazen that we just get lobbyists at the table when the future of aviation is being decided?" asked Boyer.

AOPA did applaud appointment of former congressman Norman Mineta (D-CA) as Commission chairman, calling him knowledgeable, fair-minded and independent.

AOPA Conducts Final Flight for Max Karant

The spirit of AOPA's Max Karant flew aboard his beloved Piper Twin Comanche, N13K, for the last time on March 16, the first Sunday after his eighty-fourth birthday. As he had requested, AOPA staff scattered his ashes at sea. The flight commemorated Karant's long-distance oceanic hops dramatizing the role of general aviation and IAOPA in international aviation.

Piloted by N13K's owner since 1991, Dr. Lee White of Arlington, Virginia, the flight left AOPA for a flyby of Washington National Airport, FAA headquarters, and the U.S. Capitol, then proceeded via the KRANT intersection (named in Karant's honor) to the Atlantic Ocean off Cape May, New Jersey. As N13K turned back to "head west," Karant's ashes officially departed the flight a few minutes before noon 15 nautical miles southeast of the Sea Isle VOR. N13K returned to Karant's old home base at the Montgomery County Airpark in Gaithersburg, Maryland, where it will continue to fly with Max's name on the door and his memory still fresh in the minds of all who knew him.

AOPA Opposes ATC Fees Set For Canadian Overflights

AOPA is opposing the new FAA interim final rule establishing air traffic control fees for all foreign GA aircraft overflying the United States and says that the FAA's own documentation for the rule has made a compelling case against all GA user fees.

"The FAA's own data proves our arguments," said AOPA President Phil Boyer. "The imposition of user fees on general aviation could reduce aviation safety. The rule also dramatically illustrates the inefficiency of user fees."

The overflight fees on foreign aircraft will be imposed beginning on May 19, although flights starting and ending in Canada won't be charged until October 1. Foreign general aviation aircraft will be charged $4.38 per 100 nautical miles for piston-engine aircraft and $15.78 per 100 nm for turbine-engine aircraft.

The FAA noted that general aviation pilots have to "bear the entire burden," unlike commercial operators which can pass user fees on to the customer, and conceded that charging the full fee for GA flights might cause some users to avoid costly weather brief-ings, filing flight plans, and participation in the air traffic control system.

Expressing a concern for "administrative efficiency," the FAA decided not to charge piston-engine aircraft for flights of less than 250 nm through U.S. airspace. The agency conceded that the cost of collecting from those general aviation flights would "likely exceed any fee incurred."

Boyer said, "But even for a 350-mile flight, does anybody really believe that the FAA can track the flight, determine the international billing address for the aircraft, send the bill, then collect and process the fee for less than the $15.33 they'll charge? Again the FAA has demonstrated that user fees will result in a net loss because of the administrative costs.

"The FAA's general aviation overflight fee makes no sense," Boyer concluded. "It will cost too much to collect, it may affect safety, and it could antagonize Canada into imposing a similar fee on U.S. pilots."

Survey Justification Requested

AOPA has asked the FAA to justify the need for a new "statistical" airport survey that asks airport managers to report the make, model, and tail number of every based aircraft.

The survey was sent on February 18 from an FAA office in Phoenix but did not indicate which FAA functional organization was requesting the information. The FAA's Harry B. Florian, who signed the letter, did not include his title, but AOPA has learned that Florian is part of the Investigations Division of the FAA's Office of Civil Aviation Security Operations.

Calls to Florian's office yielded different answers as to the survey's purpose. One airport manager was told the information would ensure properly updated address information on aircraft owners, but FAA regulations don't require an owner to report the aircraft's home base. Later, AOPA was told the survey would be used to find stolen aircraft.

"In this case, until the FAA provides more justification than just a vague need to 'collect statistical data,' we suggest airport managers respect the privacy of aircraft owners and decline to respond to this survey," said Bill Dunn, AOPA vice president for regional affairs.

Austin May Be Violating Federal Policy, AOPA Tells FAA

Under a back-scratching agreement between the City of Austin and the Texas State Aircraft Pooling Board, state aircraft would be housed on favorable terms at the city's new airport, the old Bergstrom AFB, and general aviation's Austin Mueller Municipal Airport would be closed in 1999.

The involved agreement proposes state purchase of some 280 acres of Mueller land as a state office complex site, city purchase of the Pooling Board's present site at Mueller, and state construction of new quarters at Bergstrom on 13 acres that it would rent from the city at $13 a year. The city would also spend several million dollars on improvements around the Pooling Board's new site at Bergstrom.

These and other city concessions may violate federal airport policy, AOPA has told the FAA. "Any concessions which give preferential treatment to one airport user are against the law," said Bill Dunn, AOPA vice president for regional affairs.

Dunn pointed out that with predicted increases in airline traffic at Bergstrom, "it only makes sense to keep Mueller as a general aviation reliever airport. And it is unfair to expect general aviation to travel farther, pay more, and yet receive less service at Bergstrom than at Mueller."

Present GA facilities at Bergstrom are inadequate and are inconveniently located at the far south end of the airport.

The agreement was expected to receive city council approval in late April, but it also requires approval by the Texas legislature, the Texas Army National Guard (whose Mueller operations would also move to Bergstrom), and the FAA.

Northeast Ohio Airport Threatened

Another key general aviation airport is threatened, this time a busy reliever 30 miles northeast of Cleveland.

Lost Nation Airport was scheduled to lose its non-federal control tower on April 30 and close completely on July 30. Closure was ordered on January 28 by the city council of Willoughby, Ohio, which owns the airport and claims it no longer wants to "subsidize" the operation. AOPA has pledged to take "all necessary measures" to ensure that the airport remains open.

AOPA President Phil Boyer said Willoughby had applied for and received almost $14 million in FAA grants, significantly more than any other publicly owned airport targeted for closure. In exchange for user-financed airport improvements, the city had agreed to keep the airport open without restrictions.

The afternoon before the city council vote, AOPA staff met Mayor David Anderson with a good-faith offer to help the city develop a fiscally prudent plan for Lost Nation. At that time, the mayor agreed to allow time to prepare the plan; during the city council session that evening, however, he introduced the resolution to close Lost Nation on July 30.

Closing the airport would displace some 70 based aircraft and three local businesses employing some 85 workers.

Procedures Published For AOPA Fly-In June 7

Published arrival and departure procedures for the Seventh Annual AOPA Fly-In on Saturday, June 7, include a temporary FAA control tower between 7 a.m. and 6 p.m.

The AOPA Fly-In, at the Frederick (Maryland) Municipal Airport home of the association, gives pilots an opportunity to visit AOPA headquarters and meet staff members on a weekend. Participants and guests will enjoy a wide variety of seminars, exhibits, and aircraft displays.

Arrival/departure instructions and map are available on AOPA Online (www.aopa.org). To receive a copy by mail, call 800/942-4269.

AOPA PILOT Most Widely Read GA Magazine

A 1996 survey of attendees at FAA safety seminars found AOPA Pilot more widely read than any other general aviation magazine.

When asked "which general aviation magazines do you read?" 63 percent of pilots mentioned AOPA Pilot, compared to just 41 percent for the next most popular magazine. Other publications were mentioned by only 10, 22, or 33 percent of the group.

Some 33 percent of pilots at the 226 seminars surveyed held either a commercial or ATP certificate; 40 percent were instrument rated, and 43 percent were aircraft owners.

AOPA'S Favorite Flyouts Contest: Five Bahamas Vacations For Pilots

Five AOPA members will enjoy the week after AOPA Expo '97 in Florida at the Pittstown Point Landings resort in the Bahamas, for submitting the best entries in the new "AOPA's Favorite Flyouts" contest sponsored by Sporty's Pilot Shop and Hal Shevers, co-owner of Pittstown Point Landings.

Any AOPA member can participate by sending details on why their favorite fly-out destination is one of the best anywhere. Perhaps it's a resort, a favorite airport restaurant or pilot meeting place, or a destination of unusual beauty or significance. There are only two limitations: The destination must be especially convenient via general aviation, and you must have flown there within the last 5 years.

Entries will be judged by a panel of AOPA staff pilots. The same destination could be submitted more than once, so entries will also be judged on the details and justification for the selection of that Favorite Flyout as best. Entries judged as ties will be decided by postmark or transmission date. The best Favorite Flyouts will be featured in a future issue of AOPA Pilot and on AOPA Online on the Internet.

Winners will be announced in August and will receive free accommodations at Pittstown Point Landings for the week after AOPA Expo '97. The runway-side resort on Crooked Island is 400 miles southeast along the Bahamas chain from Ft. Lauderdale, Florida. The 2,000-foot runway with 400-foot coral overrun can handle most general aviation aircraft. The resort boasts 12 rooms just steps away from the runway, sand beaches, and blue Bahamas waters with a coral reef for snorkeling. For a brochure about the resort, call 800/PLACE-2-B.

Deadline for entries is July 31.

Navigation Databases Should Be Available Directly To Pilots, AOPA Says

Navigation databases for GPS units and other area navigation systems ought to be available to pilots at no additional cost, AOPA has told the FAA.

"Database updates cost some $500 a year," said AOPA President Phil Boyer. "This cost is stopping many pilots from upgrading to IFR-approved GPS receivers. And until the majority of pilots voluntarily equip with GPS, the FAA will not be able to phase out ground-based navaids and transition to a GPS-based primary navigation system."

The FAA maintains databases at system users' expense and requires their use by pilots using GPS and other area navigation systems, but the agency furnishes critical waypoint information for instrument approaches only to private companies selling database updates.

AOPA said user costs could be reduced significantly if the FAA were to make the navigation database available to the public electronically in a standardized format supported by all avionics manufacturers.