93-31871. Petition for Rulemaking; Summary of Petitions Received; Dispositions of Petitions Issued  

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    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 93-31871]
    
    
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    [Federal Register: January 3, 1994]
    
    
                                                         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.
    
    -----------------------------------------------------------------------
    
    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
    
    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. 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. 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.="" 36831="" 58="" 0.16="" 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.
        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
    
        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--
        (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.
        (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.
        (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
        (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.
        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 . . . '' 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. Section 61.19(d)(1) 
    provides that ``a flight instructor certificate is effective only while 
    the holder has a current pilot certificate and a medical certificate 
    appropriate to the pilot privileges being exercised . . . '' Therefore, 
    an individual with a current CFI certificate, and otherwise 
    appropriately rated, but without a medical certificate, could provide 
    instruction to a candidate for a recreational pilot certificate or to 
    the holder of a recreational pilot certificate seeking additional 
    training. Additionally, current regulations permit that flight 
    instructions can be provided by a CFI without a valid medical 
    certificate if that instruction is being provided to a certificated 
    individual with a current medical certificate who is qualified to serve 
    as pilot-in-command of that aircraft. An example of this would be a 
    ``make and model'' check-out or a biennial or annual flight review.
        Further, this amendment would not preclude an individual from 
    providing ultralight vehicle flight instruction under an FAA-recognized 
    ultralight training program in 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
    
        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
    
        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.
         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. 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
    
        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
    
        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. 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]
    BILLING CODE 4910-13-M
    
    
    

Document Information

Published:
01/03/1994
Department:
Federal Aviation Administration
Entry Type:
Proposed Rule
Action:
Notice of petitions for rulemaking received and of dispositions of prior petitions.
Document Number:
93-31871
Dates:
Comments on petitions received must identify the petition docket number involved and must be received by March 4, 1994.
Pages:
31-35 (5 pages)
Docket Numbers:
Federal Register: January 3, 1994, Summary Notice No. PR-93-20