EAA Submits Comments to FAA Draft Order 8700.1, Chapter 49

The EAA says it has submitted a number of comments on the FAA's proposed revisions to air show regulations (FAA Draft Order 8700.1, Chapter 49). The sport plane organization, host to one of the nation's largest aviation events (EAA AirVenture Oshkosh), supports some measures that address proven safety issues, such as Joint FAA/air boss safety briefings and joint U.S. Air Force/GA industry pilots conducting the Heritage Flight Program, showcasing military aircraft history. The organization is very reluctant, however, to support more restrictive operating rules that don't appear to be justified from a safety standpoint.

"What might seem to be minor changes could have substantial negative operational and financial implications on air show operations without a corresponding increase in safety," said Earl Lawrence, EAA's vice president of industry and regulatory affairs. "That could reduce the ability of the public to experience historic aircraft operations, increase event costs, and reduce revenues without a corresponding documented increase in safety."

For example, a proposed rule mandates that flight directions during air shows "shall be in one direction only." Literal interpretation would affect just about every large warbird air show in the country, including Oshkosh.

"Large warbird air shows feature different types of aircraft formations flying over the crowd from many different directions," Lawrence explains. "Formation flights are flown at different stacked altitudes and are always above 1000 feet AGL." As the FAA's intent was only to place this requirement on aircraft that are operating below 1000 feet, EAA asked FAA to delete the paragraph in its entirety so as to eliminate confusion.

In another proposed change, FAA designates credentialed photographers as "non-essential personnel" thereby relegating them to shoot only from outside an air show's aerobatic box. This will prevent any EAA or credentialed media photographers forward of the crowd line during the daily Oshkosh air shows. Over the years, EAA has developed and refined a strict procedure that allows a limited number of credentialed media photographers to work within well-defined areas in the box perimeter. As a result, there has never been a single injury or fatality.

In lieu of safety data, EAA asks that the FAA meet with the industry to address specific concerns outlined and not just implement an outright ban.  The comments came as a follow-up to a AirVenture 2005 meeting with top FAA officials at EAA headquarters in Oshkosh.  Those officials included FAA's national air show coordinator, Jeff Weller.

EAA also objects to the need to apply for a temporary flight restriction (TFR) when non-military parachute teams perform, such as the Liberty Parachute Team that has been a fixture of EAA AirVenture Oshkosh air shows for the past 21 years. "The event is already taking place in waivered airspace. There is no additional safety to requiring the establishment of a TFR," Lawrence said.

Another proposed change EAA objects to would require the FAA's IIC (Inspector in Charge) to approve any changes to the submitted performer list. EAA contends that the FAA IIC should be notified of any additions to the waiver, but they are not responsible for approving the performers and asks FAA to revise the affected sections to change the word "approve" to "notify." If the agency actually intends to approve performers, then EAA asks the agency to review the resources vs. safety benefit before attempting to implement any such requirement.

EAA also submitted comments regarding FAA's establishment of show lines and emergency helicopter operations, as well as FAA's proposed strict identification of ingress/egress routes rather than EAA's current use of no-fly zones. 

FMI: www.eaa.org, www.faa.gov