NAFI sent this alert to its members. Note the EAA concern about charity
flights with vintage aircraft such as Aluminum Overcast:

Instructional News


FAA Proposes Flight-seeing Rule

The FAA published on Oct. 22 a notice of proposed rulemaking (NPRM) that it
claims will improve national air tour safety. Among other things, the
proposal would raise the minimum number of hours required for pilots
conducting charity fundraising flights from 200 to 500 and remove an
exemption that allows Part 91 sightseeing flights within 25 nm of an
airport. Commercial sightseeing flights will fall under a new FAR Part 136,
and some current Part 91 operations may require either Part 121 or 135
certification. Only eligible charity/community events will remain under Part
91.

NAFI is reviewing the rule and developing its response as to how the rule
will affect flight instructors' and flight schools' ability to provide
general aviation flight experiences to people in their communities.

"This proposed rule is a real slap in the face to Part 91 pilots who
contribute their time and services to worthy causes, and to small
businesspeople just trying to earn an income," said AOPA Senior Vice
President of Government and Technical Affairs Andy Cebula. "The FAA claims
the change is for safety reasons, but they provide no safety data or
statistics to justify the jump in flight hours required to conduct
charitable fundraising flights."

The proposed rule is modeled on Special Federal Aviation Regulation (SFAR)
71, which governs the Hawaiian commercial air tour industry. FAA credits
this SFAR with lowering the air tour accident rate in that state from a high
of 3.46 per 100,000 flight miles (1989-1994) to 1.48 (1995-2000). FAA now
seeks to apply the regulations throughout the country.

The data used to justify lifting the sightseeing exemption and require the
operators to be certified as Part 135 are a jumble of Part 135 and Part 91
accident reports, according to AOPA. But of the 11 accidents cited in the
NPRM, eight occurred in Hawaii, and most were apparently already operating
as Part 135 flights, AOPA says.

According to EAA, the NPRM would adversely affect the operations of these
vintage aircraft used in flight-seeing operations. That could force
grounding of the association's Ford Tri-Motor and B-17 Aluminum Overcast,
because income derived from flights provides the resources with which owners
preserve and maintain them.

To comment on the NPRM, visit the Federal Docket Management System at
http://dms.dot.gov/search/searchFormSimple.cfm. The NPRM is Docket No. 4521.
The comment period ends on January 20, 2004.



--
Christopher J. Campbell
World Famous Flight Instructor
Port Orchard, WA


For the Homeland!