AOPA Action

AOPA Calls Part 61 Rewrite 'Unjustified Burden,' Cites Big Effect on CFIs

AOPA has called on the FAA to abandon its massive overall rewrite of pilot, instructor, and flight school regulations; rethink scores of unjustified proposals; and separately move forward with constructive changes in pilot certification.

"On balance, AOPA believes the Federal Aviation Regulations Part 61 notice of proposed rulemaking imposes vastly burdensome new requirements far in excess of any benefits to be derived, despite a limited number of proposals that could — and should — be adopted," said AOPA President Phil Boyer. "While the NPRM may have clarified some regulatory issues, often clarity comes at a loss of freedoms and privileges that is totally unjustified, either by the FAA in this document or by any reasonable standard. Some proposals don't even reflect current FAA policy."

AOPA filed an 86-page response — the longest in the association's 57-year history — to the FAA's omnibus 11-year rewrite of FAR parts 1, 61, 141, and 143, which covered a massive 124 pages of fine print in the Federal Register.

Calling the proposal "too big, too inconsistent, and too confusing," AOPA said that its size and internal contradictions meant meaningful public comment was nearly impossible. Even so, public comments included — for the first time — more than 100 electronic submissions to the FAA docket via the AOPA Online information service.Inconsistent preamble masks significant changes in NPRM. AOPA noted that early comments to the docket may have been influenced by the NPRM's "extraordinarily incomplete and inconsistent" preamble, which contains information contradicted by the full NPRM text.

The preamble details only 47 rule changes as significant and dismisses hundreds of others as simple "editorial and format" revisions, even though they present major issues for the pilot community.

AOPA said that 32 such changes are most onerous, including those that:

• Revoke various pilot or instructor privileges, even for individuals already certificated under current rules;
• Significantly increase training and proficiency costs while achieving little or no safety benefit; and could themselves actually impair aviation safety.

Among the changes are proposals for:

• Class-specific instrument ratings for single- and multiengine airplanes, proposed with no accompanying justification;
• Removal of stall entry/recovery and minimum controllable airspeed demonstrations from pre-solo training requirements;
• Limitations on shared expenses between private/recreational pilots and their passengers. Only fuel, oil, and airport expenses could be shared, not the cost of aircraft rental;
• A deceptively simple word change redefining high-performance aircraft from "more than 200 horsepower" to "200 horsepower or more," thus expanding by tens of thousands the fleet of aircraft requiring a special instructor endorsement;
• Authority to stipulate additional aircraft-specific airman training requirements through the aircraft's type certificate;
• A requirement that only aircraft with two or more seats would be used for certificate checkrides;
• Inclusion of the Part 121 "Age 60 Rule" in Part 61;
• Overbroad, subjective language prohibiting flight if a required crewmember "has reason to know" of a disqualifying medical condition;
• Implementation and misapplication of new "Supervised PIC" for higher certificates and ratings, and a "solo" flight requirement for the multiengine rating;
• CFI logging of pilot-in-command time only during instruction given towards completion of a certificate, rating, or a Part 61 currency requirement;
• Removal of "sole manipulator of controls" and "acting PIC" from language defining who may log pilot-in-command time;
• An apparent requirement that safety pilots must meet proposed second-in-command training and proficiency requirements;
• Increase in liability exposure for certificated flight instructors in proposed change of title to "authorized flight instructor;"
• Instrument rating requirement for all flight instructor applicants, including glider, balloon, helicopter, and airship instructors; and
• Separate single-engine and multiengine instrument instructor ratings, resulting in loss of privileges and certificates for the majority of current CFIs.

10 Changes Would Benefit General Aviation

AOPA praised 10 proposals providing economic or administrative relief to general aviation and called for their separation from the omnibus document for expeditious adoption. Among the 10 are:

• Exemption of student and recreational pilots from third class medical certification requirements;
• Change in instrument currency requirements; and
• Lowering of the total flight hour requirement so that newly certificated private pilots can immediately begin training for the instrument rating.

"Other than these admirable innovations, we would demand that the FAA abandon its omnibus rewrite and concern itself with specific problems in a more focused, coherent fashion.

The entire text of AOPA's response to the docket is available on AOPA Online on CompuServe (library 14: AOPA Issues/Events; filename: PRT61COM.ZIP).

AOPA Obtains Relief From Oil Line AD for Piper Cherokee Owners

AOPA has helped to spare many Piper Cherokee owners from an airworthiness directive requiring repetitive inspection of the oil cooler hose. "AD 95-26-13 applies to virtually every Cherokee from the PA-28-140 to the PA-32R-301T Turbo Saratoga," said AOPA Aviation Technical Specialist Ray Gebhart. "While the problem is real in some models, it doesn't exist in all configurations."

As proposed, the AD would have required inspection of the oil cooler hose every 100 hours. It also required that the hose be replaced after 1,000 hours or eight years of service. But AOPA convinced the FAA's Atlanta Aircraft Certification Office that repetitive inspections would not be necessary for most aircraft with rear-mounted oil coolers. The FAA has now issued a special airworthiness information bulletin containing alternative methods of compliance that will permit owners of those models to comply with the AD with a one-time inspection and, if necessary, replacement of the oil cooler hose. Aircraft with front-mounted oil coolers must still have their oil line replaced every 1,000 hours or eight years.

"In a few cases, heat has deteriorated hoses installed too closely to the exhaust stack," said Gebhart. "That kind of damage could eventually lead to loss of engine oil. The problem has occurred on Cherokee models with the oil cooler mounted at the front of the engine compartment. But the oil cooler is at the rear of the engine on many other Cherokees."

However, AOPA also suggested — and the FAA concurred — that the oil hose could be replaced with an improved, heat-resistant version. Installing a TSO-C53a Type D hose will eliminate repetitive oil line inspection and replacement on Cherokee models with oil coolers mounted at or aft of the rear of the engine.

"Cherokee owners should make sure that their mechanics are aware of the alternative methods of compliance," said Gebhart, "because the FAA sent the Special Airworthiness Information Bulletin to registered owners only."

Both the AD and the special airworthiness information bulletin are available to AOPA members through AOPA Online.

Users of AOPA Online on CompuServe can find the information in the AOPA Forum library. (library: Aircraft Ownership; filenames: 952613.TXT and PIPERREV.TXT).

San Jose City Council Reverses Six-Year Stand Against Reid-Hill View

The San Jose (California) City Council voted on February 20 to "unequivocally support" the continued operation of Reid-Hillview Airport, reversing a six-year stance against the key East San Jose reliever.

The Council, in a 10-to-1 vote, called upon the Santa Clara County Board of Supervisors "to cease all efforts to close Reid-Hillview."

San Jose Mayor Susan Hammer said that she would send a "strongly worded" letter to county supervisors, urging them to stop the closure process. The February 20 resolution rescinded the city's May 1990 policy supporting closure of Reid-Hillview.

"This is an important win in the battle to save this airport, which is not only symbolic of urban airports nationwide but essential to San Jose's future," said AOPA President Phil Boyer. "The San Jose City Council has recognized Reid-Hillview's importance to the region and to the nation. Santa Clara County now has no excuse to close it."

County attempts to prove the airport a hazard to the community backfired when county-funded studies endorsed airport safety.

The City Council heard community residents who back the airport. Included was the principal of the Ocala Middle School, located under the flight path just a mile from the airport.

Groups publicly supporting Reid-Hillview included AOPA, the Air Line Pilots Association, Coalition for Responsible Airport Management and Policy (CRAMP), the Eastridge Little League, League of Women Voters, San Jose Chamber of Commerce, and the Santa Clara Valley Manufacturers Association.

"This victory demonstrates that pilots can influence public policy," said Bill Dunn, AOPA's vice president for regional affairs. "It has taken six years of organization, commitment, and reasoned effort by local pilots and AOPA, but ultimately we were able to convince the city to change its position. The entire area will benefit."

AOPA Appeals to Chicago Aldermen on Plan to Close Meigs Field

AOPA has written directly to Chicago's 50 elected neighborhood representatives, asking for reconsideration of Mayor Richard J. Daley's plan to close the city's lakefront Meigs Field.

"With your assistance, we and others may be able to convince Mayor Daley of the importance of keeping Meigs open," wrote Bill Dunn, AOPA vice president for regional affairs. "Such action will serve all interests involved, including those of the city."

AOPA emphasized the potential reaction of Chicago neighborhoods if the majority of Meigs' 54,000 annual operations were diverted to Midway Airport. Meigs' approach and departure paths are over Lake Michigan. Midway is surrounded by residential areas.

"As homeowners and citizens around Midway learn of the Mayor's plan, I have to believe the issue will only become more of a concern — especially when they learn of the number of additional operations expected at Midway Airport," Dunn said.

AOPA called for an open public debate on the issue, as "there has been no opportunity for us to discuss this situation with Mayor Daley."

AOPA also emphasized Meigs' importance to Chicago business and commerce. Some 88 percent of Meigs users arrive for business or convention-related reasons. Some 96 percent of business travelers at Meigs choose it for fast access to the downtown business district. The economic contribution of Meigs Field to Chicago is estimated at $57 million annually. Some 1,500 jobs are directly attributable to the operation of Meigs Field.

Current delays at Chicago's Midway and O'Hare airports exceed 100,000 hours a year. A recent local study estimated that nearly 70 percent of Meigs traffic would divert to Midway if Meigs were not available.

Dissolution of Massachusetts Commission Opposed

AOPA President Phil Boyer has written to members of the Massachusetts legislature, stating the association's firm opposition to H.B.5811, which would dissolve the Massachusetts Aeronautics Commission (MAC) and transfer its functions to the Massachusetts Port Authority (Massport). Eliminating this agency would seriously undermine the progress that has been made in improving the transportation infrastructure of the commonwealth, Boyer stated.

"First and foremost," he wrote, "MAC is accountable to the legislature, while Massport is accountable to its revenue bond holders. Consequently, eliminating MAC in favor of Massport raises very serious questions about oversight and public accountability.

"While we support the governor's objectives to make government more efficient and cost effective," Boyer wrote, "the proposal to merge MAC with Massport for a disputed budget savings of $300,000 is short-sighted and ill-advised. We ask the legislature to reject H.B.5811. It is incumbent upon the legislature to maintain the independence, integrity, and strength of MAC."

Did You Know ...

...that the AOPA Expo '96 Exhibitor prospectus is now ready? AOPA expects its largest exhibit area ever and invites vendors interested in participating in this premier general aviation event to call 301/695-2060 for a copy. Vendors who would like to display an aircraft at the static aircraft display at Reid-Hillview Airport should also contact AOPA as soon as possible.

AOPA Successfully Petitions FAA to Extend Comments on Lycoming Crankshaft NPRM

At press time, the Federal Aviation Administration had indicated that it would grant AOPA's request for a 60-day extension of the comment period on notice of proposed rulemaking 94-ANE-44, which covers initial and repetitive inspection — and possible replacement — of crankshafts in some 46,000 Lycoming 235-, 290-, and most 320- and 360-series engines.

AOPA cited insufficient data in the NPRM to justify an AD. Members who are interested in perusing the NPRM can obtain a copy on AOPA Online (library: Active Rulemaking; filename: 94ANE44.TXT).

The 60-day extension will begin after the official notification, expected to appear in an early April issue of the Federal Register.

Comments (which must be forwarded in triplicate) should be addressed to the FAA New England Region, Assistant Chief Counsel, Attention: Rules Docket No. 94- ANE-44, 12 New England Executive Park, Burlington, Massachusetts 01803.

New Telecom Rules Allow FCC to Drop Fees on Aircraft Radios

After years of AOPA Legislative Action persistence, unnecessary registration and associated fees for aircraft radios can now be abolished by the Federal Communications Commission after landmark telecommunications legislation was signed into law in February. The FCC is now allowed, but is not compelled, to waive the fees.

Aircraft owners have had to register aircraft radio equipment with the FCC every 10 years. That registration costs as much as $115 per aircraft, although protests from AOPA and the aviation community recently reduced the fee to $75.

Year after year, bills to allow the FCC to eliminate registration requirements were introduced in Congress. Last year H.R.963 was introduced by Representative Bart Stupak (D-MI). Working with AOPA Legislative Action, Stupak succeeded in enlisting some 54 co-sponsors for the proposal. Stupak and AOPA Legislative Action then sought to have H.R.953 attached as a "rider" to other related legislation expected to move through Congress more quickly.

On February 1, Congress passed the Telecommunications Bill with the FCC radio registration language intact. AOPA will now petition the FCC to repeal the fees. Soon, aircraft owners should be free of expensive and unnecessary FCC fees for registration of the radios in FAA-regulated airplanes.

"Aviation owes a debt of gratitude to Representative Stupak for getting this done after so many years," said Boyer.

AOPA Legislative Action Supports Bill in Washington State

AOPA Legislative Action is supporting a bill in the Washington State legislature that would remove the general sales tax from aviation fuel and replace it with an excise tax. Tax receipts would be dedicated to the Washington Aeronautics Fund.

"House Bill 2894 is a win-win proposition for aviation," said Phil Boyer, speaking for AOPA Legislative Action. "Pilots would see about an eight-cent-per- gallon reduction in the cost of aviation fuel, and more money would be dedicated to improving the aviation infrastructure in Washington."

The bill would replace the current sales tax — which varies from 7.8 to 8.2 percent, depending on county — with a 6-percent excise tax. While the current sales tax sends all revenue to the general fund, the proposed excise tax would deposit an estimated $3.7 million annually in the state aeronautics fund. H.B.2894 has passed the Washington House and is now under consideration by the Senate.

Boyer said that earmarking fuel taxes would help promote general aviation, improve service to the public, and gain new economic benefits for the state.

Duncan-Lightfoot FAA Reform Bill Passed by House

The FAA Revitalization Act of 1995 (H.R.2276), better known as the Duncan-Lightfoot bill, passed the U.S. House of Representatives on March 12 and now awaits Senate action.

The Duncan-Lightfoot bill would make the FAA independent from the Department of Transportation and give the FAA relief from cumbersome government procurement and personnel procedures. A five-member independent Federal Aviation Board would set policy and ratify key decisions. Day-to-day FAA management would be in the hands of a chief operating officer, who would take the place of the current FAA administrator.

The bill had attracted 57 co-sponsors, including Bud Shuster (R-PA), Jim Oberstar (D-MN), Bill Clinger (R-PA), Jerry Weller (R-IL), Howard Coble (R-NC), Nick Rahall (D-WV), William O. Lipinski (D-IL), Tom Ewing (R-IL), Jerry Costello (D-IL), Bob Wise (D-WV), Tim Hutchinson (R-AR), Vern Ehlers (R-MI), Spencer Bachus (R-AL), Andrea Seastrand (R-CA), Randy Tate (R-WA), Patricia Danner (D-MO), Jim Clyburn (D- SC), Sue Kelly (R-NY), Tom Latham (R-IA), Barbara-Rose Collins (D-MI), Ray LaHood (R-IL), Dennis Hastert (R-IL), Joe Skeen (R-NM), Pete Geren (D-TX), Gerald Kleczka (D- WI), Mel Hancock (R-MO), Zack Wamp (R-TN), Jimmy Hayes (D-LA), Tom Petri (R-WI), Bill Zeliff (R-NH), Bill Martini (R-NJ), Don Young (R-AK), Glenn Poshard (D-IL), Jack Quinn (R-NY), Tillie Fowler (R-FL), Jay Kim (R-CA), Bill Emerson (R-MO), Peter Blute (R-MA), Bill Brewster (D-OK), Bob Franks (R-NJ), Corrine Brown (D-FL), Sherwood Boehlert (R-NY), Walter Tucker (D-CA), Jimmy Quillen (R-TN), Jim Traficant (D-OH), Frank Mascara (D-PA), Lincoln Diaz-Balart (R-FL), Mike Doyle (D-PA), Charles T. Canady (R-FL), Owen Pickett (D-VA), Pete Stark (D-CA), Norman Sisisky (D-VA), Steve LaTourette (R-OK), Bill McCollum (R-FL), and Joe Scarborough (R-FL). AOPA Legislative Action has reiterated its opposition to FAA reform bills in the Senate that would impose new, unnecessary aviation user taxes.

New Personnel, Procurement Rules Implemented by FAA

The FAA is scheduled to implement a new personnel and procurement system on April 1 to make the agency more efficient and to help accelerate FAA modernization. AOPA Legislative Action helped to initiate the legislation for this and is working to enact other reforms to improve the FAA.

The FAA is now exempt from many rigid laws that in the past impeded the agency's ability to purchase equipment in a timely manner. The legislation also allows the FAA to design a new personnel system that provides greater flexibility in the hiring, training, compensation, and placement of personnel.

In December 1994 AOPA Legislative Action unveiled a five-point proposal for FAA reform that included structural reform of the FAA as an agency independent of the Department of Transportation; financing reform, such as taking the trust fund off budget; management reforms to make the FAA run in a more businesslike manner; and personnel and procurement reforms.

The House Appropriations Committee, anxious for quick action, included personnel and procurement reform in the annual FAA funding bill. This bill, H.R.2002, became law last November.

AOPA Helps to Obtain Suspension of Some Airports Fees in Mexico

AOPA has helped to obtain from the Mexican government a directive that allows airport commandants to waive newly expanded takeoff and landing fees for private, non-commercial flights at towered airports.

"Remember, this waiver is for private flights only," said David Yinger, AOPA international flight operations expert. "Pilots will have to show the local commandants their non-commercial status."

The Mexican government had expanded aeronautics fees in January to include a charge of 680 new pesos (approximately $94) for each operation of a "company- owned" aircraft at a towered airport.

Some Mexican airport commandants began charging the fee against any aircraft registered to a company or with "Inc." on its registration form. That included many flying club and rental aircraft used solely for private transportation.

Alerted to the new fees by members, AOPA contacted the Mexican Civil Aviation Authority asking for clarification. The Mexican government has now issued to airport commandants a directive explaining that the new law does not require them to collect fees for private, non-commercial flights.

Mexico's long-established fees for landing and parking at towered airports and for air navigation services, however, are still in force.

AOPA's International Flight Operations Department has prepared a packet of material for pilots flying corporate-registered aircraft to Mexico. Included are the excerpt from Mexican civil aviation law addressing commercial and non-commercial operations, the directive concerning fee collection, and a letter a pilot may use to explain that his flight is non-commercial. All documents are in Spanish with an unofficial English translation.

AOPA members may obtain the latest information on flying in Mexico by calling 800/USA-AOPA (800/872-2672).

AOPA Online has scheduled the following conferences for April:

• April 2 — John and Martha King, "Hints for a High Score"
• April 9 — Rob Mark, "An Aviation Magazine Writer Tells All"
• April 16 — Warren Morningstar, "Care and Feeding of Your Local Newspaper, Radio, and TV Reporters"
• April 23 — Rodney Martz, "Traps to Avoid in Buying Aircraft"
• April 30 — Greg Rolle, Bahamas Tourism Office, "Best Places to Fly in the Bahamas"

All conferences take place in Conference Room 1 of the AOPA Forum on CompuServe and run from 9 to 10 p.m. Eastern time.

AOPA Offers Info on New Diabetes Medication

A year ago, the U.S. Food and Drug Administration approved a new type of oral antihyperglycemic agent to manage non-insulin-dependent diabetes mellitus (NIDDM). Glucophage (metformin hydrochloride) has been enthusiastically endorsed by the medical community as an advancement in the control of NIDDM because the drug's actions differ from the conventional oral sulfonylurea drugs, reducing the risk of hypoglycemic reactions.

The FAA has recently added Glucophage to the approved list of oral antihyperglycemic agents. Persons who have been using another oral agent with only marginal results, or newly diagnosed diabetics who may be advised to start medication, should consult their physicians about taking advantage of this addition to the FAA-approved treatment regimen. For additional information, contact the AOPA Medical Certification Department at 800/872-2672 and press #3 in the menu selection.