Petition for Rulemaking; Summary of Petitions Received; Dispositions of Petitions Issued

VOL. 59, NO. 1

Monday, January 3, 1994

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

[Summary Notice No. PR-93-20]

Petition for Rulemaking; Summary of Petitions Received;

Dispositions of Petitions Issued

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petitions for rulemaking received and of dispositions

of prior petitions.

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SUMMARY: Pursuant to FAA's rulemaking provisions governing the

application, processing, and disposition of petitions for rulemaking

(14 CFR Part 11), this notice contains the substance of a petition for

rulemaking filed by the Experimental Aircraft Association, (EAA). EAA

filed this petition in the form of notice of proposed rulemaking, and

the FAA is publishing the substance of EAA's proposal verbatim, in

order to improve the public's awareness of, and participation in, this

aspect of FAA's regulatory activities. Neither publication of this

notice nor the inclusion or omission of information is intended to

affect the legal status of any petition or its final disposition. The

FAA is publishing EAA's petition without comment or endorsement.

DATES: Comments on petitions received must identify the petition docket

number involved and must be received by March 4, 1994.

ADDRESSES: Send comments on any petition in triplicate to: Federal

Aviation Administration, Office of the Chief Counsel, Attn: Rules

Docket No. 27517, 800 Independence Avenue, SW., Washington, DC 20591.

The petition, any comments received, and a copy of any final

disposition are filed in the assigned regulatory docket and are

available for examination in the Rules Docket (AGC-10), Room 915G, FAA

Headquarters Building (FOB 10A), 800 Independence Ave., SW.,

Washington, DC 20591; telephone (202) 267-3132

Counsel, Attn: Rules

Docket No. 27517, 800 Independence Avenue, SW., Washington, DC 20591.

The petition, any comments received, and a copy of any final

disposition are filed in the assigned regulatory docket and are

available for examination in the Rules Docket (AGC-10), Room 915G, FAA

Headquarters Building (FOB 10A), 800 Independence Ave., SW.,

Washington, DC 20591; telephone (202) 267-3132

FOR FURTHER INFORMATION CONTACT:

Mr. Frederick M. Haynes, Office of Rulemaking (ARM-1), Federal Aviation

Administration, 800 Independence Avenue, SW., Washington, DC 20591;

telephone (202) 267-3939.

This notice is published pursuant to paragraphs (b) and (f) of

Sec. 11.27 of part 11 of the Federal Aviation Regulations (14 CFR part

11).

Issued in Washington, DC on December 22, 1993.

Donald P. Byrne,

Assistant Chief Counsel, Regulations Division.

Petitions for Rulemaking

Docket No.: 27517.

Petitioner: Experimental Aircraft Association.

Regulations Affected: 14 CFR Part 61.

Description of Rulechange Sought:

SUMMARY: Experimental Aircraft Association (EAA) submits this NPRM as a

proposal to amend several sections of the Federal Aviation Regulations

(FAR) as they apply to student and recreational pilot activity.

Specifically, student and recreational pilots will be permitted to hold

at least a current third-class medical certificate issued under part 67

of this chapter or certify that he or she has no known medical defect

that makes him or her unable to pilot an aircraft, all certificated

pilots will be permitted the same option when exercising the privileges

of a recreational pilot certificate

ity.

Specifically, student and recreational pilots will be permitted to hold

at least a current third-class medical certificate issued under part 67

of this chapter or certify that he or she has no known medical defect

that makes him or her unable to pilot an aircraft, all certificated

pilots will be permitted the same option when exercising the privileges

of a recreational pilot certificate. Further, the holder of a flight

instructor certificate with an appropriate category and class rating,

while holding at least a current third-class medical certificate issued

under part 67 of this chapter or certifying that he or she has no known

medical defect that makes him or her unable to pilot an aircraft, will

be permitted to instruct student pilots seeking a recreational pilot

certificate or the holder of a recreational pilot certificate seeking

advanced training. The proposed amendments will permit additional

flight activity, encouraged increased proficiency by lowering the cost

of recreational flying and assist in the revitalization of general and

sport aviation by relieving a burdensome and expensive regulation,

without a degradation of aviation safety. The Federal Aviation

Administration (FAA) publishes this NPRM without comment.

Background

Current medical certification requirements have existed for decades

and have remained unchanged in the face of medical advancement. In

fact, accident summary data from 1986 through 1992 indicates that the

percentage of accidents involving medical causal factors is lower for

those recreational type activities that do not require medical

certification than those activities that do require medical

certification. During those seven years, there were 761 accidents in

lighter-than-air aircraft and sailplanes. These operations do not

require FAA medical certification. Only one of these 761 accidents

showed a medical cause resulting in a .13% of total accidents

wer for

those recreational type activities that do not require medical

certification than those activities that do require medical

certification. During those seven years, there were 761 accidents in

lighter-than-air aircraft and sailplanes. These operations do not

require FAA medical certification. Only one of these 761 accidents

showed a medical cause resulting in a .13% of total accidents. Of

general aviation operations requiring medical certification, there were

46,976 total accidents, 99 of which (.21%) showed medical cause. During

this same time frame, medical causal accidents as a part of the total

were .19% for amateur-built aircraft and .16% for airplanes less than

12,500 pounds. A safety problem is not evident for basic aircraft used

for limited recreational purposes. (See the following chart):

Accident Summary

[January 1, 1986 to December 31, 1992]

------------------------------------------------------------------------

Percent of

Total accidents Medical cause accidents medical

all causes accidents causal

------------------------------------------------------------------------

Lighter-than-

air........... 327 0 0.00

Sailplanes..... 434 1 0.23

All ``No

Medical Req.'' 761 1 0.13

Rotorcraft..... 2126 5 0.24

Other 12,500. 5983 32 0.53

Amateur-built.. 2036 4 0.20

All ``Medical

Req.''........ 46976 99 0.21

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Data source: Ben Morrow (ACE-103)

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Lighter-than-

air........... 327 0 0.00

Sailplanes..... 434 1 0.23

All ``No

Medical Req.'' 761 1 0.13

Rotorcraft..... 2126 5 0.24

Other 12,500. 5983 32 0.53

Amateur-built.. 2036 4 0.20

All ``Medical

Req.''........ 46976 99 0.21

------------------------------------------------------------------------

Data source: Ben Morrow (ACE-103)

This proposal would amend the regulations to permit qualified

airmen to operate U.S. registered general aviation airplanes for sport

and recreational purposes with self-certification medicals. Pilots

would also be permitted to receive appropriate instruction from

appropriately-rated individuals with an active interest in small

aircraft operated for sport and recreation. Current requirements for a

third class medical certificate for individuals engaged in recreational

flying in small, slow airplanes is without justification from a safety

standpoint. There is documented information that safety is not being

compromised by the operation of other recreational aircraft (such as

sailplanes and hot air balloons) as well as ultralight vehicles by

those not regulatorily encumbered by a requirement for a third class

medical certificate.

There is widespread concern about the current health and future

growth opportunities for sport and general aviation. Sport and general

aviation are the foundation of the entire air transportation system in

the United States. The activities of sport and general aviation provide

the support of the aviation infrastructure including maintenance,

airport operators, airport service companies (fixed base operators),

and the pipeline of requirement replacement parts. It is general and

sport aviation that provide the involvement of the majority of

individuals involved in aviation; provide the training necessary for

all segments of aviation, including business, corporate, commercial and

military aviation; and provide the proficiency for most flight

personnel

irport service companies (fixed base operators),

and the pipeline of requirement replacement parts. It is general and

sport aviation that provide the involvement of the majority of

individuals involved in aviation; provide the training necessary for

all segments of aviation, including business, corporate, commercial and

military aviation; and provide the proficiency for most flight

personnel.

Trends and statistics of new airplane manufacturing and pilot

certificates issued are well known to the FAA and to the aviation

community. These statistics along with a deteriorating condition of

airport facilities availability clearly show the current state of

affairs for general aviation.

Well publicized as contributing factors to this condition are

issues of product liability for aircraft and parts manufacturing, and

operating cost factors. Other major factors--not so well publicized--

are those of regulatory burden and costs. These regulatory costs

continue to increase through requirements for additional flight

training, mandatory equipment on aircraft, mandatory inspections and

airspace requiring avoidance which results in added flight time and

operating expense. All of these economic cost factors are doubly

burdensome on the recreational segment of general aviation since these

costs are not deductible or justified as a ``business expense.''

Opening the opportunity of flight through this amendment could assist

in reversing the negative trends in general aviation.

The Proposal

quiring avoidance which results in added flight time and

operating expense. All of these economic cost factors are doubly

burdensome on the recreational segment of general aviation since these

costs are not deductible or justified as a ``business expense.''

Opening the opportunity of flight through this amendment could assist

in reversing the negative trends in general aviation.

The Proposal

This NPRM proposes to amend part 61 of the FAR (14 CFR Part 61) to

permit student pilots seeking a recreational pilot certificate, the

holder of a recreational pilot certificate, and those appropriately

certificated pilots (private, commercial and airline transport pilot)

while exercising the privileges of a recreational pilot certificate to

operate U.S. registered general aviation aircraft (as limited by the

recreational pilot certificate) with at least a third class medical

certificate issued under part 67 of the FAR or to certify that he or

she has no known medical defects that makes him or her unable to pilot

an aircraft. Additionally, a certificated flight instructor with at

least a third class medical certificate issued under part 67 of the FAR

or certify that he or she has no known medical defects that makes him

or her unable to pilot an aircraft may give flight instruction to

student pilots seeking a recreational pilot certificate or the holder

of a recreational pilot certificate seeking advanced training.

The exercise of the recreational pilot privileges permitting flight

without the requirement for a third class medical certification will

continue to be very limited in scope. Section 61.101 ``Recreational

pilot privileges and limitations'' presently states:

(a) A recreational pilot may--

(1) Carry not more than one passenger; and

(2) Share the operating expenses of the flight with the passenger.

(3) Act as pilot-in-command of an aircraft only when--

flight

without the requirement for a third class medical certification will

continue to be very limited in scope. Section 61.101 ``Recreational

pilot privileges and limitations'' presently states:

(a) A recreational pilot may--

(1) Carry not more than one passenger; and

(2) Share the operating expenses of the flight with the passenger.

(3) Act as pilot-in-command of an aircraft only when--

(i) The flight is within 50 nautical miles of an airport at which

the pilot has received ground and flight instruction from an authorized

instructor certificated under this part;

(ii) The flight lands at an airport within 50 nautical miles of the

departure airport; and

(iii) The pilot carries, in that pilot's personal possession, a

logbook that has been endorsed by the instructor attesting to the

instruction required by paragraph (a)(3)(i) of this section.

(b) Except as provided in paragraphs (f) and (g) of this section, a

recreational pilot may not act as pilot-in-command of an aircraft--

(1) That is certificated--

(i) For more than four occupants;

(ii) With more than one powerplant;

(iii) With a powerplant of more than 180 horsepower; or

(iv) With retractable landing gear.

(2) That is classified as a glider, airship, or balloon;

(3) That is carrying a passenger or property for compensation or

hire;

(4) For compensation or hire;

(5) In furtherance of a business;

(6) Between sunset and sunrise;

(7) In airspace in which communication with air traffic control is

required;

(8) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL,

whichever is higher;

(9) When the flight or surface visibility is less than 3 statute

miles;

(10) Without visual reference to the surface;

(11) On a flight outside the United States;

(12) To demonstrate that aircraft in flight to a prospective buyer;

(13) That is used in a passenger-carrying airlift and sponsored by

a charitable organization; and

(14) That is towing any object.

feet AGL,

whichever is higher;

(9) When the flight or surface visibility is less than 3 statute

miles;

(10) Without visual reference to the surface;

(11) On a flight outside the United States;

(12) To demonstrate that aircraft in flight to a prospective buyer;

(13) That is used in a passenger-carrying airlift and sponsored by

a charitable organization; and

(14) That is towing any object.

(c) A recreational pilot may not act as a required pilot flight

crew member on any aircraft for which more than one pilot is required

by the type certificate of the aircraft or the regulations under which

the flight is conducted, except when receiving flight instruction from

an authorized flight instructor on board an airship and no person other

than a required flight crew member is carried on the aircraft.

(d) A recreational pilot who has logged fewer than 400 flight hours

and who has not logged pilot-in-command time in an aircraft within the

preceding 180 days may not act as pilot-in-command of an aircraft until

the pilot has received flight instruction from an authorized flight

instructor who certifies in the pilot's logbook that the pilot is

competent to act as pilot-in-command of the aircraft. This requirement

can be met in combination with the requirements of section 61.56 and

61.57 at the discretion of the instructor.

(e) The recreational pilot certificate issued under this subpart

carries the notation ``Holder does not meet ICAO requirements.''

(f) For the purpose of obtaining additional certificates or

ratings, while under the supervision of an authorized flight

instructor, a recreational pilot may fly as sole occupant of an

aircraft--

(1) For which the pilot does not hold an appropriate category or

class rating;

(2) Within airspace that requires communication with air traffic

control; or

(3) Between sunset and sunrise, provided the flight or surface

visibility is at least 5 statute miles.

tings, while under the supervision of an authorized flight

instructor, a recreational pilot may fly as sole occupant of an

aircraft--

(1) For which the pilot does not hold an appropriate category or

class rating;

(2) Within airspace that requires communication with air traffic

control; or

(3) Between sunset and sunrise, provided the flight or surface

visibility is at least 5 statute miles.

(g) In order to fly solo as provided in paragraph (f) of this

section, the recreational pilot must meet the appropriate aeronautical

knowledge and flight training requirements of section 61.87 for that

aircraft. When operating an aircraft under the conditions specified in

paragraph (f) of this section, the recreational pilot shall carry the

logbook that has been endorsed for each flight by an authorized pilot

instructor who--

(1) Has given the recreational pilot instruction in the make and

model of aircraft in which the solo flight is to be made;

(2) Has found that the recreational pilot has met the applicable

requirements of section 61.87; and

(3) Has found that the recreation pilot is competent to make solo

flights in accordance with the logbook endorsement.

(h) Notwithstanding paragraph 61.101(a)(3), a recreational pilot

may for the purpose of obtaining an additional certificate or rating,

while under the supervision of an authorized flight instructor, act as

pilot-in-command of an aircraft on a flight in excess of 50 nautical

miles from an airport at which flight instruction is received if the

pilot meets the flight training requirements of section 61.93 and in

that pilot's personal possession is the logbook that has been endorsed

by an authorized instructor attesting that:

(1) The recreational pilot has received instruction in solo cross-

country flight and the training described in section 61.93 applicable

to the aircraft to be operated, and is competent to make solo cross-

country flights in the make and model of aircraft to be flown, and

3 and in

that pilot's personal possession is the logbook that has been endorsed

by an authorized instructor attesting that:

(1) The recreational pilot has received instruction in solo cross-

country flight and the training described in section 61.93 applicable

to the aircraft to be operated, and is competent to make solo cross-

country flights in the make and model of aircraft to be flown, and

(2) The instructor has reviewed the student's preflight planning

and preparation for the specific solo cross-country flight and the

recreational pilot is prepared to make the flight safely under the

known circumstances and subject to any conditions listed in the logbook

by the instructor.

The only amendments to section 61.101 by this proposal would be to

provide for the removal of the 50 nautical mile limitation as an option

for the holder of a recreational pilot certificate. To remove this

limitation the recreational pilot would be required to meet the flight

training requirements of section 61.93, the aeronautical experience

requirements of sections 61.109(a) (1) and (b) or 61.113(a)(1) (i) and

(a)(2)(i), as appropriate, and receives and endorsement from an

authorized flight instructor in his or her logbook to remove the 50

mile limitation.

It is proposed that any certificated pilot exercising the flight

privileges of a recreational pilot certificate would be limited by the

privileges and limitations of a recreational pilot certificate. These

limitations provide an equivalent level of safety in that operations of

basic aircraft for sport and recreation only are permitted. Of course,

for those pilots who have received flight training and certification

for cross-country, night flight and flight into airspace requiring

communication with air traffic control--private, commercial and airline

transport--those specific recreational pilot limitations would not

apply

lent level of safety in that operations of

basic aircraft for sport and recreation only are permitted. Of course,

for those pilots who have received flight training and certification

for cross-country, night flight and flight into airspace requiring

communication with air traffic control--private, commercial and airline

transport--those specific recreational pilot limitations would not

apply.

EAA unequivocally states that this rulemaking does not promote the

operation of aircraft envisioned under this proposed amendment to part

61 could only arise out of the exercise of an FAA pilot certificate,

the customary self-certification of a proper physiological condition

prior to flight will ensure aircraft operations by only medically

qualified airmen. Further, the usual pilot-peer-group observation, as

well as typical FAA surveillance activities, will act as a cross-check

to identify the rare individual who, when not medically qualified,

might attempt to operate an aircraft.

EAA endorses and encourages all FAA enforcement efforts which

promote safe flying activities. Flying is a privilege which requires

responsibility on the part of the airmen. Historically, those who have

invested the time and money to earn an FAA Airman Certificate display

the responsibility to avoid operations which could lead to the loss of

that certificate. Those unwilling to act accordingly can lose their

privileges to FAA enforcement measures. While EAA promotes the

expansion of flying privileges to a greater number of participants, it

does not endorse flight by those medically unqualified to act as pilot-

in-command of an aircraft.

It should be specifically noted that the federal government, in

section 67.19(c), already acknowledges the need for a private pilot

``to accept reasonable risks to his or her person and property that is

not acceptable in the exercise of commercial or airline transport

privileges . .

ipants, it

does not endorse flight by those medically unqualified to act as pilot-

in-command of an aircraft.

It should be specifically noted that the federal government, in

section 67.19(c), already acknowledges the need for a private pilot

``to accept reasonable risks to his or her person and property that is

not acceptable in the exercise of commercial or airline transport

privileges . . . '' Further, a pilot must ``self certify'' his or her

physiological condition for the safe conduct of each flight prior to

exercising the privileges of any pilot certificate. The immediate

proposal is based on these existing regulations.

Additional Issues and Statements

There are a number of issues concerning the subject of flight

instruction under this amendment. These include medical qualifications

of the individual providing the instruction, documentation for student

pilot certification and transition of an individual instructed only for

recreational pilot purposes to a fully-privileged private pilot.

There has been discussion as to what qualifications will be

necessary to provide instruction in this situation. This question has

arisen largely because: a number of sportplane models currently

undergoing FAA certification have been available in the past as ``two-

place ultralight trainers;'' and, under an exemption to the FARs for

flight instruction, individuals without an FAA flight instructor

certificate and FAA medical certificate have been permitted to provide

flight instruction.

Since under the amendments called for in this NPRM, the aircraft

will be a certificated airplane being operated by a certificated pilot

or candidate for a pilot's certificate, flight instruction would be

appropriately given an individual holding an FAA flight instructor

certificate. The medical certification of a flight instructor in this

situation will be as currently required by the FAR

a vehicle make and model identical to a

sportplane that is being operated legally as an ultralight vehicle

trainer. Therefore, this action should in no way affect the existence

of ultralight vehicle trainer. Therefore, this action should in no way

affect the existence of ultralight vehicle training opportunities for

individuals participating in any FAA-recognized ultralight training

programs.

As this amendment would eliminate the need for the paperwork

involved in the issuance of a third class medical, there would need to

be a method provided for documenting the student pilot status.

Currently a medical certificate (issued by an AME) has a dual purpose

of providing a student pilot's license after appropriate endorsements

by a flight instructor. A replacement of this method would have to be

provided. EAA recommends the system currently in place for sailplane

student pilots, with the student pilot license being issued by an FAA

inspector or designated pilot examiner.

The final issue is that of transition by an individual from

recreational pilot privileges to a private pilot certificate. Should an

individual desire to expand to the full privileges of a private pilot

(for example, to operate at night and/or in areas requiring

communication with air traffic control), additional flight instruction,

logbook entries and examination as currently delineated in the FARs

would be required. All instructional flight hours received and other

logged hours would be credited towards any regulations necessary to

provide for the additional privileges.

Regulatory Evaluation

Regulatory Evaluation Summary

and/or in areas requiring

communication with air traffic control), additional flight instruction,

logbook entries and examination as currently delineated in the FARs

would be required. All instructional flight hours received and other

logged hours would be credited towards any regulations necessary to

provide for the additional privileges.

Regulatory Evaluation

Regulatory Evaluation Summary

This section summarizes the regulatory evaluation on the proposed

amendments to 14 CFR part 61--to provide expanded recreational flight

privileges. This summary and full regulatory evaluation quantify, to

the extent practicable, estimated costs to the private sector,

consumers, and Federal, State and local governments as well as

anticipated benefits.

Executive Order 12291, February 17, 1981, directs Federal agencies

to promulgate new regulations or modify existing regulations only if

potential benefits to society for each regulatory change outweighs

potential costs. The Executive Order requires the preparation of a

Regulatory Impact Analysis of all ``major'' rules except those

responding to emergency situations or other narrowly defined

emergencies. A ``major'' rule is one that is likely to result in an

annual effect on the economy of $100 million or more, a major increase

in consumer costs, or a significant adverse effect on competition, or

that is highly controversial.

This proposed rule is not ``major'' as defined in the Executive

Order; therefore, a full regulatory impact analysis that includes the

identification and evaluation of cost-reducing alternatives to this

proposed rule has not been prepared. This section contains a Regulatory

Flexibility Determination required by the Regulatory Flexibility Act

(P.L. 96-354) and an International Trade Impact Assessment.

Benefit Analysis

``major'' as defined in the Executive

Order; therefore, a full regulatory impact analysis that includes the

identification and evaluation of cost-reducing alternatives to this

proposed rule has not been prepared. This section contains a Regulatory

Flexibility Determination required by the Regulatory Flexibility Act

(P.L. 96-354) and an International Trade Impact Assessment.

Benefit Analysis

Activity under the amended regulation would be limited to

recreational pilot privileges and limitations. The equivalent level of

safety will be assured due to a number of factors:

The flight activities proposed compare reasonably with the

complexity of existing operations of hot air balloons, gliders and

motorized gliders--that is, for recreational purposes (and appropriate

flight instruction) only. Other private pilot, commercial and airline

transport pilot privileges include the opportunity for IFR operations

and operation of complex aircraft. These complexities which include

higher stress situations than recreational flying, would not be

permitted under the amended regulation; thereby ensuring a current

level of safety for those operations.

This amendment would permit holders of airman certificates

to operate airplanes of less complexity that are currently operated by

those same individuals. The amendment would permit certificated private

pilots, for example, to operate a simple, light sportplane or

equivalent without a valid third class medical certificate. The

complexity of the operation would, in fact, be limited by the

regulations governing recreational pilots. If such an individual does

hold an appropriate FAA medical certificate, they may exercise the full

privileges of their certificate in any aircraft in which they are

rated.

Operation under this amendment would be limited to sport

and recreational purposes only with the understanding that flight

instruction could be received by such an individual in furtherance of

these limited privileges

ts. If such an individual does

hold an appropriate FAA medical certificate, they may exercise the full

privileges of their certificate in any aircraft in which they are

rated.

Operation under this amendment would be limited to sport

and recreational purposes only with the understanding that flight

instruction could be received by such an individual in furtherance of

these limited privileges.

An equivalent level of safety should also be evident since

the operation of mechanically similar two-seat aircraft has been

ongoing for a number of years (in ultralight flight training under

exemptions to Part 103 of the FAR) without any significant accident or

incidents caused by pilot incapacitation.

Further, safety would be enhanced as a result of the increased

flying that will be promoted by this regulatory relief. It is commonly

known that increased proficiency contributes to safe flight operations.

By the encouragement of more flight activity, this proposal will

improve aviation safety.

This amendment is in the public interest in that it serves as only

an option--not a requirement--for appropriately qualified individuals

to operate aircraft with specific limitations. In this regard, the

requested action would not serve as a burden nor infringement on any

other individual or group of individuals.

Finally, the amendment would be the opportunity to assist in the

revitalization of the economically distressed general aviation

industry. Singularly, the requested action will not fix all of general

aviation ills, however, in conjunction with and support of other

activities, such as the eminent availability of new aircraft models

under the primary category sportplane certification opportunities, the

proposal will serve a vital function in the larger picture of general

aviation revitalization. As noted earlier, general and sport aviation

are the foundation upon which the United States air transportation

system rests

njunction with and support of other

activities, such as the eminent availability of new aircraft models

under the primary category sportplane certification opportunities, the

proposal will serve a vital function in the larger picture of general

aviation revitalization. As noted earlier, general and sport aviation

are the foundation upon which the United States air transportation

system rests. This community provides the flight training, proficiency

and infrastructure support that comprise the total system. Additional

justification of the public value of healthy general aviation activity

in the United States can be found in the FAA's General Aviation Action

Plan.

Cost Analysis

Considerable regulatory and economic relief would be provided by

this amendment. It is conservatively estimated that ten percent of all

certificated pilots would take advantage of the reduced regulatory

burden of this amendment in exchange for the limited recreational

privileges. Assuming a third class medical examination to cost $50.00,

this amendment to the regulation would relieve $3.415 million in

regulatory cost every two years (based on 683,000 pilots).

Additionally, the thousands of pilots that have discontinued flying and

certificated flight instructors who have discontinued instructing over

the years for a variety of personal and fiscal reasons, may be

encouraged to return to the ranks of those enjoying flying as a

recreational outlet and teaching flying at that level. This would also

provide tens of thousands of dollars of regulatory relief per year.

Added public benefit would be gained by eventual reduction in FAA

manpower to administer the airmen medical certification records. While

this ``government cost savings may not occur during the near term,

eventually the rule change would reduce the administrative burden of

medical certification for certain limited flight activities thereby

reducing costs for the FAA.

Paperwork Reduction Act

Added public benefit would be gained by eventual reduction in FAA

manpower to administer the airmen medical certification records. While

this ``government cost savings may not occur during the near term,

eventually the rule change would reduce the administrative burden of

medical certification for certain limited flight activities thereby

reducing costs for the FAA.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-

511, there are no requirements for information collection associated

with this proposed rule.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) ensures that small

entities are not unnecessarily and disproportionately burdened by

Government regulations. The RFA requires agencies to review rules that

may have a significant economic impact on a substantial number of small

entities.

The small entities that this amendment could potentially affect are

the aviation service providers (fixed base operators) and suppliers of

general aviation parts. These providers and suppliers will be

positively affected by the increased flight activity that results from

this rulemaking. The additional requirement for replacement parts,

fuel, flight training and maintenance services will be a positive

economic benefit from the flight activity.

International Trade Impact Assessment

The proposed rule would have negligible effect on the sale of

foreign aviation products or services in the United States. However,

there could be a positive indirect impact on the sale of U.S. products

or services in foreign countries. This indirect benefit will result

from the positive impact this regulation will have on the fiscal health

of U.S. product and service providers as an outcome of increased flight

activity.

Federalism Implications

sale of

foreign aviation products or services in the United States. However,

there could be a positive indirect impact on the sale of U.S. products

or services in foreign countries. This indirect benefit will result

from the positive impact this regulation will have on the fiscal health

of U.S. product and service providers as an outcome of increased flight

activity.

Federalism Implications

This proposed regulation would not have substantial direct effects

on the states, on the relationship between the national government and

the states, or on the distribution of power and responsibilities among

the various levels of government. Therefore, in accordance with

Executive Order 12612, preparation of a Federalism assessment is not

warranted.

Conclusion

In view of the overall benefit to aviation, EAA believes that the

proposed rule to provide expanded recreational flight privileges is

cost-beneficial. For the reasons discussed under ``Regulatory

Evaluation,'' EAA has determined that this proposed regulation is not a

``major rule'' under Executive Order 12291 and is not a ``significant

rule'' under DOT Regulatory Policies and Procedures (44 FR 11034;

February 26, 1979). It is certified that this proposal, if adopted,

would have a positive impact on a number of small entities.

A summary of the petitioner's proposed changes follows:

Sec. 61.3(c) Medical certificate. Except for free balloon

pilots piloting balloons, glider pilots piloting gliders, and pilots

piloting aircraft while exercising the privileges and limitations in

Sec. 61.101 for recreational pilot, no person may * * *

Sec. 61.83(c) Hold at least a current third-class medical

certificate issued under part 67 of this chapter, or, in the case of

glider or free balloon operations or while seeking a recreational

pilot certificate, certify that he or she has no known * * *

Sec

and pilots

piloting aircraft while exercising the privileges and limitations in

Sec. 61.101 for recreational pilot, no person may * * *

Sec. 61.83(c) Hold at least a current third-class medical

certificate issued under part 67 of this chapter, or, in the case of

glider or free balloon operations or while seeking a recreational

pilot certificate, certify that he or she has no known * * *

Sec. 61.85(b) An FAA operations inspector or designated pilot

examiner, accompanied by a current FAA medical certificate, or in

the case of an application for a glider or free balloon or

recreational pilot certificate it may be accompanied * * *

Sec. 61.96(c) Hold at least a current third-class medical

certificate issued under part 67 of this chapter or certify that he

or she has no known medical defect that makes him or her unable to

pilot the aircraft.

Sec. 61.103(3) Except as provided in paragraph (i) of this

section, act as pilot-in-command * * *

Sec. 61.101(i) Notwithstanding paragraph 61.101(a)(3), a

recreational pilot may operate an aircraft in excess of 50 nautical

miles without authorization by a flight instructor for each flight

when the pilot meets the flight training requirements of Sec. 61.93,

the aeronautical experience requirements of Sec. 61.109(a)(1) and

(b) or 61.113(a)(1)(i) and (a)(2)(1), as appropriate, and receives

an endorsement in his or her logbook to remove the 50 mile

limitation from an authorized flight instructor.

[FR Doc. 93-31871 Filed 12-30-93; 8:45 am]

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