Opportunity for Operators To Drum Up Additional Support 

Air tour operators have been holding their breath over the last few weeks, as the January 20 deadline for comment on the FAA's latest regulatory hammer drew near. However, late Wednesday night, the agency decided to extend the deadline to April 19, 2004 and that bit of extra time is giving operators the opportunity to gather additional support against the devastating proposal.

The Notice of Proposed Rulemaking (NPRM) would raise the minimum number of hours required for pilots conducting charity fund raising flights from 200 to 500 and remove an exemption that allows Part 91 sightseeing flights within 25 nm of an airport. The rule, if adopted, would also force Part 91 operators to upgrade to at least Part 135 status to continue offering sightseeing flights.

One of the primary issues that concerns the air tour industry is the perceived reduced safety standard. While the FAA claims the proposed rule "is intended to increase the safety of commercial air tours," the exact opposite may happen. Currently, sightseeing aircraft operate between 500 and 1,000 feet AGL depending on aircraft type and the areas over which they are flying. The new rule would set the limit at 1,000 feet for all sightseeing aircraft. And since the goal of sightseeing is to get as close to the "sights" as possible, that means all aircraft will operate right on that limit. Not a good thing.

The FAA cited "accidents and incidents involving air tour operators" as one justification for this new proposed rule. However, some leaders in the air tour community claim the agency is mixing aeronautical apples with oranges. Greg Herrick, president of the Aviation Foundation of America (AFA), recently offered the industry his opinion on the FAA's interpretation of accident data. Herrick wrote, "According to the NPRM item IB, the bulk of FAA's concern for safety of commercial air tour operators is with helicopters, flying over water and multi engine fixed wing aircraft carrying revenue passengers. Only one accident involving a single engine biplane was cited but it doesn't indicate if the flight was conducted under Part 91. All the other accidents cited are helicopters, multi-engine fixed wing type aircraft and over water tours."

Herrick offered the following solution, "A better way would be to identify the specific areas where the chance for real improvements in safety may be made. These are primarily in operations that are already Part 135 and include helicopter operations flying over water with no floats or life preservers, multi-engine aircraft flying into IFR conditions, etc."

Nevertheless, various aviation organizations responded to the FAA's deadline extension. Earl Lawrence, EAA's Vice President, Industry and Regulatory Affairs told ANN he was encouraged by the extension. "It shows an acknowledgment, from the FAA, that more input is needed on this issue," he explained. However, Lawrence also expressed concern that some items in the NPRM package did not seem to have any basis for inclusion. "It is the FAA's responsibility to supply justification for the rule," he said. He cited the increased flight time requirement for pilots flying charitable flights as a prime example. "There was nothing presented in the package to justify the need for this increase," he added.

In a letter to the FAA, AOPA President Phil Boyer wrote, "For years, hundreds of a small sightseeing operations have introduced the public to the joy of flight under FAA's current regulations without compromising safety. The viability of these businesses is in jeopardy because the FAA wants to change the rules based on accident data that has almost nothing to do with the way these businesses operate.This proposed change strikes at the very heart of general aviation."

In the same letter to the FAA, AOPA Senior Vice President of Government and Technical Affairs Andy Cebula wrote, "The FAA should provide these entities with the opportunity to explain first-hand how the proposal affects their operations and determine the accuracy of the FAA's analysis of the proposal.

ANN will provides updates on this NPRM as it moves through the regulatory process.

FMI: www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgNPRM.nsf/0/E9C65252C63BC8EB86256DC700719AB4