EAA Files Official Comments to FAA Opposing New Rules for Air Tour Operators

EAA AVIATION CENTER, OSHKOSH, Wis. - (March 11, 2004) - The Experimental Aircraft Association again strongly opposed proposed new regulations for air tour operators today, this time in official comments made to the Federal Aviation Administration regarding the Notice of Proposed Rulemaking (NPRM) on those regulations.

Submitting the organization’s official comments prior to FAA’s April 19, 2004, deadline, EAA officials concluded that the rule proposals were not justified by any safety data, nor was there an indication that safety would be enhanced by the proposals. In addition, the rules as currently proposed would be devastating to many small businesses and the general-aviation industry in general.

“EAA has maintained that the best thing for the FAA to would be to pull this proposal and start over with a new NPRM,” said Earl Lawrence, EAA’s Vice President for Industry and Regulatory Affairs. “As written, FAA has gone much farther than the original Congressional mandate requested. It would destroy many areas of general aviation that have been created strictly for historic or demonstration purposes. EAA and other aviation organizations have offered many simple, common-sense recommendations that would meet the Congressional mandate, enhance safety and preserve the ability for many small businesses to stay afloat.”

Congress mandated FAA to improve safety in air tour operations over national parks and monuments, in conjunction with parallel National Transportation Safety Board recommendations.

Instead, the proposed regulations that emerged from FAA were a blanket measure that did not distinguish between various operations or aircraft. For instance, the new rules would treat large commercial air tour operators the same as private, one-aircraft operations, such as a person who operates a two-place, open-cockpit aircraft for local sightseeing flights.

The regulations also place all historic aircraft flights under the same regulations, potentially stifling unique flight opportunities as those found in EAA’s B-17 bomber, Ford Tri-Motor and Spirit of St. Louis replica. Many EAA members also operate private historical and sightseeing activities with, for example, unique vintage aircraft.

“The way these rules would improve safety is by forcing many small operators out of business, as they would be unable to afford the massive adjustments necessary to meet the new requirements,” Lawrence said. “That’s similar to stating that the nation could improve traffic safety by forcing sightseeing buses and vehicles out of business. While that may be technically true in a minimal way, it is a callous and uneducated way to shape policy.”

A large number of aviation organizations are working together to urge FAA to recall the current NPRM, while making practical suggestions for new rules. Joining EAA in the effort are the Aircraft Owners and Pilots Association; General Aviation Manufacturers Association; National Air Transportation Association; Helicopter Association International; and the United States Air Tour Association. Also participating are a large number of independent air tour operators. This group will continue to request the recall of the proposal and urge their members to make comments as well.

EAA’s official comments are available on its web site. FAA is accepting comments through April 19, with the full NPRM and other comments available at http://dms.dot.gov/ (select “Dockets Open for Comments” area).

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