Dave S
February 16th 07, 01:34 AM
Ok... I'm opening a can of worms here.. I am frustrated and feeling a
little miffed at the moment.
I know that user fee's are the leading story right now with the alphabet
groups but in the past few days, something on the back burner for a few
years just got published.. The National Air Tour Safety Standards.
I took the time to peruse this because I figured that it would apply to
things that interested me, and that I had participated in in the past -
namely Young Eagles flights, as well as an angel flight I had ridden
along on once.
Well.. turns out that there are a few gotchas... I'm a little miffed at
EAA national right now, and feel misled. At root of the matter is Young
Eagles. I've flown perhaps 50 kids at events over the past 3 years, and
enjoyed offering the opportunity to let youngsters get a positive
exposure to aviation.
I became active in my chapter, began a printed, then electronic
newsletter, and hawked the Young Eagles angle to the audience. I stumped
for pilots, and even posted the requirements to be a Young Eagle's Pilot
on our website COPIED/PASTED from EAA National's website. Essentially,
be at least a private pilot, have a current medical, be current in the
plane you wish to fly and have insurance.
NOWHERE on ANY of those readily accessible public pages was a
requirement for 500 hrs total time. However, there are excerpts of
waiver 7830 quoted below, from the NATSS document, that clearly state
that in order to operate a young eagles flight under the exemption one
must have 500 hrs total time if they are a private pilot (which waives
drug testing and permits private pilots to fly "for compensation" which
includes the priveledge of logging flight time).
I want to know WHAT THE HELL THEY WERE THINKING? The EAA that is. You
put on your webpage that Young Eagle's flights are kosher due to this
exemption, DONT POST THE TEXT OF THE EXEMPTION, then choose not to
include minor details that can result in enforcement action against your
pilots?
With the publishing of the NATSS, things are officially codified with
regards to the rules, but it appears that the LONG STANDING exemption of
existing rules I WAS LED TO BELIEVE APPLIED to our operations, DID NOT
APPLY TO ME. Or many of my other good friends who happen to have less
than 500 hours TT.
Oh yea.. new rules also include no more than 4 charitable events per
year per pilot, or per sponsor. Thats 4 young eagles rallies. 4 angel
flights. Exceed that and you become subject to drug testing requirements
and cant use private pilots.
Young Eagles Coordinators: Demand to see the text. If you are told there
is a waiver or exemption, you have the right to see it. Same goes for
Young Eagles pilots. EAA just lost BIG brownie points with me over this.
Dave
Some applicable text is pasted below.
pasted from:
http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgFinalRule.nsf/0/440cbeea590ff78c86257281006c7d14?OpenDocument
In addition, many pilots appear not to know the conditions and
limitations of the exemption they operate under. During the FAA's
Internet meeting, one private pilot said that he had already conducted
certain flights for a couple of years and didn't have 200 hours yet. The
sponsor for whom this pilot flew clearly requires 200 hours of total
time for private pilots.8 Either the sponsor holding the exemption did
not brief that particular pilot, or the pilot did not know he was
operating under an exemption at all. The conditions and limitations of
an exemption are specific and require the sponsor (to whom the exemption
was issued) to brief the pilots about the exemption prior to each event.
This discussion continues under the private pilot hour requirement
heading below.
---------------------------------------------------------------------------
8 The operation was subject to EAA's Exemption No. 7830 for "Young
Eagles'' and is discussed in more detail later in this preamble.
---------------------------------------------------------------------------
<end paste>
And also pasted from lower in the document:
A charitable event is an event that raises funds for a charitable
organization recognized as such by the U.S. Department of the Treasury
under 26 U.S.C. section 170 (Internal Revenue Code). Sponsoring pilots
and donors may deduct contributions that raise funds for the benefit of
a charitable organization. An example of a charitable organization event
is a pancake breakfast at which passengers make a contribution to an
organization, such as the American Cancer Society, in exchange for
breakfast and a flight over their town. A nonprofit event is an event
that raises funds for a nonprofit entity organized under State or
Federal law, with one of the entity's purposes being the promotion of
aviation safety. The sponsor or the pilot(s) of nonprofit event flights
would not deduct contributions under section 170 of the Internal Revenue
Code. For example, aviation museums conduct flights to raise funds to
keep the museum in operation and preserve the aircraft in their
possession. A community event is a flight flown for a good or worthy
cause and occurs only once in a calendar year, January 1- December 31.
The sponsor or pilot of community event flights would not deduct
contributions under section 170 of the Internal Revenue Code. An example
of a community event is flights to raise money to assist a family whose
home was destroyed by fire. Another example is a raffle for a free
flight; the money raised from the raffle goes to purchase new computers
at the youth center.
The operating limitations and regulations for charitable, nonprofit, and
community events are found in this rule under Sec. Sec. 91.146 and
91.147. Those sections provide the total duration (three days) allowed
under each designation (charitable, nonprofit, community event) and
describe who is eligible to conduct such events. Part 91 operators who
want to continue in part 91 and operate charity flights may do so under
Sec. 91.146. Part 91 operators who are uncomfortable with the
limitations in Sec. 91.146 and wish to continue flights benefiting
charities, nonprofit organizations, and individuals or organizations
supporting a community event may use Sec. 91.147. Charities or
nonprofits also have the option of becoming a part 135 operator.
While the FAA has clarified the regulatory language in the final rule,
the comments to the NPRM disclosed several misconceptions about the
differences between charitable, nonprofit, and community events.
One major misconception relates to the difference between a flight that
is "free'' and one flown for compensation or hire. Several charities
receive compensation through "donations.'' Some passengers donate money
to a charity and expect a flight in return for donating money. Another
popular "free'' flight is one given at an event that charges a fee for
attendance and each person paying the fee receives a "free'' aircraft
ride during the event. The FAA considers these flights to be operated
for compensation or hire.
It is often hard to determine whether a pilot is working for "free,'' or
is being compensated in some manner. In the interest of charity, the FAA
has allowed certain forms of compensation or hire, such as the ability
to log pilot time and the ability to accept payment for aircraft fuel
and oil. Some pilots own or borrow the aircraft used and aren't paid for
their pilot time. Some pilots rent an aircraft and are reimbursed by the
sponsor. Some pilots are reimbursed for aircraft rental but provide
their time for free. Some pilots who own the aircraft they fly are able
to "write-off'' some ownership expenses. Some pilots are paid to fly.
A pilot who flies his or her own aircraft every weekend of the year and
receives compensation each weekend is not working for "charity'' when a
portion of the proceeds is given to the airport manager the last day of
the event. At best, that is a gift to the airport manager and is often
given to guarantee an invitation to the next event. Other pilots and
mechanics are retired or wealthy and really do work for free, a true
gift to charity.
Some charities have full-time pilots and mechanics on their payroll and
maintain expensive aircraft and facilities. These organizations need
money for employees of the organization and for maintaining their
facilities, but that does not exclude them from the list of charity,
nonprofit, or community event operators. The aircraft used for charity,
nonprofit, and community event flights must be maintained and that money
must come from somewhere. All of the flights by these museums and
charities involve "compensation,'' but in the interest of public good
and charity, the FAA has allowed them to operate outside of part 135
requirements. In this final rule, operators of these kinds of flights
will continue to be allowed to operate outside of part 135 requirements,
even though the FAA considers the operations to be for compensation or
hire. However, there are certain new requirements they must abide by,
and those are found in Sec. Sec. 91.146 and 91.147.
3. The Four-Event Limit for Charitable and Non-Profit Organizations and
the One-Event Limit for Community Events
AFA and Sopwith Ltd. objected to the proposed condition in Sec.
119.1(e)(11) limiting charitable rides conducted under part 91 to four
events per organization per year with each event lasting no longer than
3 days. The commenters thought the proposed restriction is not justified
and is unnecessary.
The Collings Foundation went further by commenting that many of the
proposed restrictions, including the requirements for a standard
airworthiness certificate and a limit of four or fewer events per
calendar year per organization or pilot without a clearly defined
exemption, would totally eliminate the capability of nonprofit
organizations to fly historic aircraft. Organizations such as the EAA,
Commemorative Air Force, Collings Foundation, National Warplane Museum,
and Yankee Air Force, fly historic aircraft at many locations around the
country. Collings argued that these organizations would no longer be
able to function. Also, many nonprofit aviation organizations could not
survive without donations associated with a flight experience or special
donations to keep certain aircraft flying. The Collings Foundation cited
estimates that more than one-half of all B-17s and all of the B-24s and
B-29s flying today would be grounded by the proposed rule.
EAA stated that its organization and its network of nearly 1,000
chapters is one of the largest sponsors of charitable and community
flight operations in the world. EAA stated that its success rate and
safety record are unparalleled and are supported by strenuous training
and oversight programs sponsored by the association. EAA stated that it
and several other organizations also conduct aircraft demonstration
flights all over North America, giving the public an unmatched
opportunity to experience firsthand the history of aviation in such
aircraft as the Ford Tri-Motor, a Boeing B-17 bomber, and a replica of
the famous Spirit of St. Louis. EAA opposed inclusion of additional
requirements on these operations in the strongest terms.
The Owls Head Transportation Museum commented that the proposed rules
would affect not only the Museum, but also many other nonprofit
organizations in the mid-coast Maine area. The museum stated that it has
high standards placed on its aircraft, maintenance, and pilots. The
museum also boasted that, although it has given more than 3,000 rides,
it has maintained a perfect safety record, incurring neither accident
nor incident. The Museum also donates a number of rides to other
nonprofit organizations so that they may raffle the rides to raise
funds. The Owls Head Transportation Museum stated that these are the
groups that will suffer the most in mid-coast Maine if the 25-mile
exception is eliminated in the final rule.
AFA objected to the proposal that restricts charitable flights to only
four events per calendar year, per organization, lasting no longer than
3 days each. AFA suggests that this restriction is nonsensical and that
by adopting this limit, the FAA is convinced that these flights are too
dangerous to be flown often. AFA commented that by the FAA's logic,
these flights should be completely eliminated. AFA asks if it is safe to
operate charitable flights in four events per year, why is it not safe
to operate them 365 days each year?
In summary, commenters believed that the rule, if adopted as it was
proposed, would result in an end to charity and community event flights
for various foundations. They also believed the rule is not justified
based on safety, nor is needed to improve safety. Some commenters stated
they are against any limitations on charity and community events while
others are against the elimination of the 25-mile exception.
Determining that certain comments have merit, we made some revisions to
the final rule. The intent of the proposal is maintained in this final
rule. All flights on behalf of charitable or non-profit organizations,
as defined in the rule, may continue in part 91, and a limited number
are allowed without meeting the drug and alcohol rules that would
otherwise apply. Flights sponsored by charitable and non- profit
organizations are limited to four events per year. Local chapters of
national charities or non-profit organizations are considered separately
for this rule, with each chapter entitled to four events per year. The
AFA comment with regard to the four-event limitation has merit, but
suggests the commenter does not understand why this limit should be
imposed. As stated above, charitable, nonprofit, and community event
flights are events for compensation or hire. However, we recognize these
events are a tremendous benefit to the public and deserve some
exceptions from the normal regulations necessary for part 91
compensation or hire flights. Therefore, we created a rule (Sec. 91.146)
that allows sponsors of charitable, nonprofit, and community event
flights to employ pilots, often as volunteers, to give rides to the
public without meeting drug and alcohol requirements normally imposed on
a part 91 compensation or hire flight, and without having a certificate
under part 119.
The four-event limit is the current limit imposed through exemptions. 9
This limit is not new; nor is it based on safety concerns. Rather, the
concern is with the nature of these flights. To maintain the charitable
nature of these flights, it is necessary to place some restrictions on
them. If the interest of charity were taken out of the equation and all
else were equal, operations of this kind would be required to be part
135, and thus be subject to more stringent regulation and oversight. The
regulatory standards applied to part 135 flights would likely turn
charitable organizations away from their practice, which is not the
FAA's intent with this rulemaking. The FAA has historically chosen four
events per year as a reasonable balance that separates a charitable
event from an event run by an air carrier. The one event per year
limitation on community events recognizes that the primary interest of
the operator is more likely to be business- oriented than a charitable
or non-profit organization. If an operator is unhappy with the limit, it
may fly more than four events per calendar year, but it must comply with
the requirements in Sec. 91.147. Those requirements include implementing
a drug and alcohol testing program in accordance with 14 CFR part 121,
appendices I and J. An operator complying with Sec. 91.147 would also
not be able to use private pilots. The operator has a choice of which
regulation to follow, and operators currently conducting flights under
an exemption should not find the four-event limitation to be new or
unexpected.
---------------------------------------------------------------------------
9 Exemption No. 7112, held by AOPA, contains this event limitation. That
exemption, along with others, is the basis for the event limitation in
this final rule.
---------------------------------------------------------------------------
Many of the commenters who operate antique aircraft seem to believe that
if they operate in accordance with an exemption, the FAA will cancel the
exemption once this final rule is published. Because the rule
encapsulates current exemptions to charitable or non-profit
organizations from drug and alcohol testing, as long as participation is
limited to four events per year, charitable or non-profit organizations
will no longer need these exemptions. Any exemptions issued because a
commercial air tour operator does not have a standard airworthiness
certificate for its airplane will need to continue. When the expiration
date on the exemption arrives, the petitioner may re- apply for renewal.
At that point, the FAA may grant, deny, or change the exemptions. This
rule does not change that policy.
The FAA has determined that the conditions and limitations included in
the exemptions should also be included in this final rule. Since
commenters failed to provide any rational basis to not include certain
proposed limitations for "charitable, nonprofit, or community events,''
the FAA has incorporated those limits in new Sec. 91.146. In creating
the new Sec. 91.146 for charitable, nonprofit, and community events, we
have attempted to strike a careful balance between the recognition of
the public benefits of such fundraising activities and the need to set
aviation safety standards. Community events are limited to only one per
sponsor in a calendar year, as proposed in the NPRM. This limit is not
specifically derived from community event exemptions, but was proposed
so that a community event sponsor would not have to go through the extra
effort of applying for and receiving an IRS classification.
This final rule will continue current FAA policy. Current exemptions
allow for a pilot to fly only four events per year for a charity,
nonprofit, or community event. As stated above, this limit is not new,
and has been included in exemptions issued for years. For example,
Exemption 7112C, 10 issued to AOPA on May 20, 2004 states in condition
and limitation 11:
---------------------------------------------------------------------------
10 Exemption No. 7112 was originally issued to AOPA on February 3, 2000.
The event sponsor may conduct no more than four events in a calendar
year. Each person operating under this exemption must provide AOPA with
a statement on behalf of the event sponsor, indicating that neither the
event sponsor nor any participating pilot has participated in more than
four similar events in a
---------------------------------------------------------------------------
calendar year.
The event limitations were also explained in the NPRM.
For operators choosing to exceed the four-event minimum, we have
incorporated a new Sec. 91.147 in this final rule to provide relief from
the need to certify as an air carrier. It does not provide exclusion
from the existing "drug and alcohol'' testing requirements. The new Sec.
91.147 does not place any limitation on the number of events as long as
the operator registers with the FAA as required in the rule. For
example, Owls Head Transportation Museum may continue its operations in
accordance with Sec. 91.146, if its raffle flights are grouped to fit
into the requirement of no more than four events per year. If that
doesn't work, they may operate in accordance with Sec. 91.147. If their
aircraft do not have standard airworthiness certificates, the museum
will continue to need an exemption.
There may be cases where a sponsor could qualify for all three
categories. A sponsor with separate chapters is allowed four events for
each chapter. So, the 1,000 chapters of EAA may each sponsor four,
three-day events each year. Each pilot is limited to a maximum of 12
calendar days of flying per year (four events, three days per event).
Each event (charitable, nonprofit, or community) may be up to three days
in duration. Each situation counts as one event for that pilot. In this
final rule we do not limit the number of flights conducted during each
event, although a normally prudent pilot and event sponsor would
consider pilot fatigue.
.......<snip>
We discussed the 500-hour requirement for private pilots flying
charitable, nonprofit, and community events at length during the public
meetings (including the Internet meeting). Over the years, we have
issued exemptions with the 500-hour private pilot requirement with
breakdowns of what the 500 hours must include. The hourly breakdown
required for Exemption No. 7830, issued to EAA, is found below. Although
it is required in the exemption, we did not propose, nor do we adopt, a
specific breakdown of the required hours necessary to conduct a flight
described in Sec. 91.146. The 500-hour requirement for private pilots
who wish to fly in a charitable, nonprofit, or community event is not a
new requirement for many; it has simply never been written into regulation.
Commenters stated that many flights would be grounded by the 500- hour
flight time requirement proposed for private pilots. It is likely some
of these commenters were operating under a 500-hour condition and
limitation for private pilots in an exemption today. For example,
Exemption No. 7830 was issued to EAA for "Young Eagles'' flights. In
that exemption, we stated that:
"A higher safety standard of 500 hours of flight time for private pilots
is proposed for charitable and community events because these events
typically involve a larger number of passengers, are held over a period
of one to three days, and are generally a pleasure activity for the
passenger.''
The conditions and limitations in Exemption No. 7830 are more
restrictive than the proposal or this final rule. Below is condition and
limitation 2 from Exemption No. 7830:
2. Each pilot who conducts flights under this exemption must--
a. Hold at least a private pilot certificate with the appropriate
category, class, and type rating, if necessary, for the aircraft to be
used under this exemption in accordance with Sec. 61.31(a), (d), (e),
(f), (h), (i), and part 61, subpart E.
b. Have a minimum of 500 hours total flight time.
c. Have a minimum of 200 hours in the category of aircraft to be flown.
d. Have a minimum of 50 hours in the class of aircraft to be flown.
e. Meet the currency requirements in Sec. 61.56 for a flight review and
Sec. 61.57 for takeoffs and landings.
f. Hold a current third-class medical certificate in accordance with
Sec. 61.23(a)(3).
g. Meet the requirements of Sec. 61.113(d).
h. Have a logbook entry for each event in which he or she participates.
Exemption No. 7830 was extended in 2004 and applies to all private
pilots flying "Young Eagles'' flights. Therefore, we are surprised to
receive comments from EAA regarding the 500-hour minimum for private
pilots conducting charitable flights. EAA is the holder of Exemption No.
7830, which clearly states a 500-hour minimum for private pilots as
discussed above. We received some comments from pilots conducting
operations under this exemption who are completely unaware of the
limitation. During the Internet public meeting in 2004, we received one
comment from a private pilot who stated:
"I've flown a dozen or so Cub Scouts and Boy Scouts, and have flown 4
`Young Eagles' since earning my Private Pilot's license in 2000. Why
does the FAA suddenly feel I am unqualified simply because I only have
150 hours in my logbook? I'm either qualified to fly or I am not.''
The commenter was obviously unaware of the 500-hour requirement in the
exemption under which he was operating, as well as the 200-hour
requirement in Sec. 61.113. Some exemptions issued in the past have
required private pilots to have only 200 hours to fly these charitable,
nonprofit, or community events. We have decided to adopt the more
stringent criteria set forth in Exemption No. 7830, which requires 500
hours. We are not amending exemptions with this final rule, but we are
amending Sec. 61.113(d).
little miffed at the moment.
I know that user fee's are the leading story right now with the alphabet
groups but in the past few days, something on the back burner for a few
years just got published.. The National Air Tour Safety Standards.
I took the time to peruse this because I figured that it would apply to
things that interested me, and that I had participated in in the past -
namely Young Eagles flights, as well as an angel flight I had ridden
along on once.
Well.. turns out that there are a few gotchas... I'm a little miffed at
EAA national right now, and feel misled. At root of the matter is Young
Eagles. I've flown perhaps 50 kids at events over the past 3 years, and
enjoyed offering the opportunity to let youngsters get a positive
exposure to aviation.
I became active in my chapter, began a printed, then electronic
newsletter, and hawked the Young Eagles angle to the audience. I stumped
for pilots, and even posted the requirements to be a Young Eagle's Pilot
on our website COPIED/PASTED from EAA National's website. Essentially,
be at least a private pilot, have a current medical, be current in the
plane you wish to fly and have insurance.
NOWHERE on ANY of those readily accessible public pages was a
requirement for 500 hrs total time. However, there are excerpts of
waiver 7830 quoted below, from the NATSS document, that clearly state
that in order to operate a young eagles flight under the exemption one
must have 500 hrs total time if they are a private pilot (which waives
drug testing and permits private pilots to fly "for compensation" which
includes the priveledge of logging flight time).
I want to know WHAT THE HELL THEY WERE THINKING? The EAA that is. You
put on your webpage that Young Eagle's flights are kosher due to this
exemption, DONT POST THE TEXT OF THE EXEMPTION, then choose not to
include minor details that can result in enforcement action against your
pilots?
With the publishing of the NATSS, things are officially codified with
regards to the rules, but it appears that the LONG STANDING exemption of
existing rules I WAS LED TO BELIEVE APPLIED to our operations, DID NOT
APPLY TO ME. Or many of my other good friends who happen to have less
than 500 hours TT.
Oh yea.. new rules also include no more than 4 charitable events per
year per pilot, or per sponsor. Thats 4 young eagles rallies. 4 angel
flights. Exceed that and you become subject to drug testing requirements
and cant use private pilots.
Young Eagles Coordinators: Demand to see the text. If you are told there
is a waiver or exemption, you have the right to see it. Same goes for
Young Eagles pilots. EAA just lost BIG brownie points with me over this.
Dave
Some applicable text is pasted below.
pasted from:
http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgFinalRule.nsf/0/440cbeea590ff78c86257281006c7d14?OpenDocument
In addition, many pilots appear not to know the conditions and
limitations of the exemption they operate under. During the FAA's
Internet meeting, one private pilot said that he had already conducted
certain flights for a couple of years and didn't have 200 hours yet. The
sponsor for whom this pilot flew clearly requires 200 hours of total
time for private pilots.8 Either the sponsor holding the exemption did
not brief that particular pilot, or the pilot did not know he was
operating under an exemption at all. The conditions and limitations of
an exemption are specific and require the sponsor (to whom the exemption
was issued) to brief the pilots about the exemption prior to each event.
This discussion continues under the private pilot hour requirement
heading below.
---------------------------------------------------------------------------
8 The operation was subject to EAA's Exemption No. 7830 for "Young
Eagles'' and is discussed in more detail later in this preamble.
---------------------------------------------------------------------------
<end paste>
And also pasted from lower in the document:
A charitable event is an event that raises funds for a charitable
organization recognized as such by the U.S. Department of the Treasury
under 26 U.S.C. section 170 (Internal Revenue Code). Sponsoring pilots
and donors may deduct contributions that raise funds for the benefit of
a charitable organization. An example of a charitable organization event
is a pancake breakfast at which passengers make a contribution to an
organization, such as the American Cancer Society, in exchange for
breakfast and a flight over their town. A nonprofit event is an event
that raises funds for a nonprofit entity organized under State or
Federal law, with one of the entity's purposes being the promotion of
aviation safety. The sponsor or the pilot(s) of nonprofit event flights
would not deduct contributions under section 170 of the Internal Revenue
Code. For example, aviation museums conduct flights to raise funds to
keep the museum in operation and preserve the aircraft in their
possession. A community event is a flight flown for a good or worthy
cause and occurs only once in a calendar year, January 1- December 31.
The sponsor or pilot of community event flights would not deduct
contributions under section 170 of the Internal Revenue Code. An example
of a community event is flights to raise money to assist a family whose
home was destroyed by fire. Another example is a raffle for a free
flight; the money raised from the raffle goes to purchase new computers
at the youth center.
The operating limitations and regulations for charitable, nonprofit, and
community events are found in this rule under Sec. Sec. 91.146 and
91.147. Those sections provide the total duration (three days) allowed
under each designation (charitable, nonprofit, community event) and
describe who is eligible to conduct such events. Part 91 operators who
want to continue in part 91 and operate charity flights may do so under
Sec. 91.146. Part 91 operators who are uncomfortable with the
limitations in Sec. 91.146 and wish to continue flights benefiting
charities, nonprofit organizations, and individuals or organizations
supporting a community event may use Sec. 91.147. Charities or
nonprofits also have the option of becoming a part 135 operator.
While the FAA has clarified the regulatory language in the final rule,
the comments to the NPRM disclosed several misconceptions about the
differences between charitable, nonprofit, and community events.
One major misconception relates to the difference between a flight that
is "free'' and one flown for compensation or hire. Several charities
receive compensation through "donations.'' Some passengers donate money
to a charity and expect a flight in return for donating money. Another
popular "free'' flight is one given at an event that charges a fee for
attendance and each person paying the fee receives a "free'' aircraft
ride during the event. The FAA considers these flights to be operated
for compensation or hire.
It is often hard to determine whether a pilot is working for "free,'' or
is being compensated in some manner. In the interest of charity, the FAA
has allowed certain forms of compensation or hire, such as the ability
to log pilot time and the ability to accept payment for aircraft fuel
and oil. Some pilots own or borrow the aircraft used and aren't paid for
their pilot time. Some pilots rent an aircraft and are reimbursed by the
sponsor. Some pilots are reimbursed for aircraft rental but provide
their time for free. Some pilots who own the aircraft they fly are able
to "write-off'' some ownership expenses. Some pilots are paid to fly.
A pilot who flies his or her own aircraft every weekend of the year and
receives compensation each weekend is not working for "charity'' when a
portion of the proceeds is given to the airport manager the last day of
the event. At best, that is a gift to the airport manager and is often
given to guarantee an invitation to the next event. Other pilots and
mechanics are retired or wealthy and really do work for free, a true
gift to charity.
Some charities have full-time pilots and mechanics on their payroll and
maintain expensive aircraft and facilities. These organizations need
money for employees of the organization and for maintaining their
facilities, but that does not exclude them from the list of charity,
nonprofit, or community event operators. The aircraft used for charity,
nonprofit, and community event flights must be maintained and that money
must come from somewhere. All of the flights by these museums and
charities involve "compensation,'' but in the interest of public good
and charity, the FAA has allowed them to operate outside of part 135
requirements. In this final rule, operators of these kinds of flights
will continue to be allowed to operate outside of part 135 requirements,
even though the FAA considers the operations to be for compensation or
hire. However, there are certain new requirements they must abide by,
and those are found in Sec. Sec. 91.146 and 91.147.
3. The Four-Event Limit for Charitable and Non-Profit Organizations and
the One-Event Limit for Community Events
AFA and Sopwith Ltd. objected to the proposed condition in Sec.
119.1(e)(11) limiting charitable rides conducted under part 91 to four
events per organization per year with each event lasting no longer than
3 days. The commenters thought the proposed restriction is not justified
and is unnecessary.
The Collings Foundation went further by commenting that many of the
proposed restrictions, including the requirements for a standard
airworthiness certificate and a limit of four or fewer events per
calendar year per organization or pilot without a clearly defined
exemption, would totally eliminate the capability of nonprofit
organizations to fly historic aircraft. Organizations such as the EAA,
Commemorative Air Force, Collings Foundation, National Warplane Museum,
and Yankee Air Force, fly historic aircraft at many locations around the
country. Collings argued that these organizations would no longer be
able to function. Also, many nonprofit aviation organizations could not
survive without donations associated with a flight experience or special
donations to keep certain aircraft flying. The Collings Foundation cited
estimates that more than one-half of all B-17s and all of the B-24s and
B-29s flying today would be grounded by the proposed rule.
EAA stated that its organization and its network of nearly 1,000
chapters is one of the largest sponsors of charitable and community
flight operations in the world. EAA stated that its success rate and
safety record are unparalleled and are supported by strenuous training
and oversight programs sponsored by the association. EAA stated that it
and several other organizations also conduct aircraft demonstration
flights all over North America, giving the public an unmatched
opportunity to experience firsthand the history of aviation in such
aircraft as the Ford Tri-Motor, a Boeing B-17 bomber, and a replica of
the famous Spirit of St. Louis. EAA opposed inclusion of additional
requirements on these operations in the strongest terms.
The Owls Head Transportation Museum commented that the proposed rules
would affect not only the Museum, but also many other nonprofit
organizations in the mid-coast Maine area. The museum stated that it has
high standards placed on its aircraft, maintenance, and pilots. The
museum also boasted that, although it has given more than 3,000 rides,
it has maintained a perfect safety record, incurring neither accident
nor incident. The Museum also donates a number of rides to other
nonprofit organizations so that they may raffle the rides to raise
funds. The Owls Head Transportation Museum stated that these are the
groups that will suffer the most in mid-coast Maine if the 25-mile
exception is eliminated in the final rule.
AFA objected to the proposal that restricts charitable flights to only
four events per calendar year, per organization, lasting no longer than
3 days each. AFA suggests that this restriction is nonsensical and that
by adopting this limit, the FAA is convinced that these flights are too
dangerous to be flown often. AFA commented that by the FAA's logic,
these flights should be completely eliminated. AFA asks if it is safe to
operate charitable flights in four events per year, why is it not safe
to operate them 365 days each year?
In summary, commenters believed that the rule, if adopted as it was
proposed, would result in an end to charity and community event flights
for various foundations. They also believed the rule is not justified
based on safety, nor is needed to improve safety. Some commenters stated
they are against any limitations on charity and community events while
others are against the elimination of the 25-mile exception.
Determining that certain comments have merit, we made some revisions to
the final rule. The intent of the proposal is maintained in this final
rule. All flights on behalf of charitable or non-profit organizations,
as defined in the rule, may continue in part 91, and a limited number
are allowed without meeting the drug and alcohol rules that would
otherwise apply. Flights sponsored by charitable and non- profit
organizations are limited to four events per year. Local chapters of
national charities or non-profit organizations are considered separately
for this rule, with each chapter entitled to four events per year. The
AFA comment with regard to the four-event limitation has merit, but
suggests the commenter does not understand why this limit should be
imposed. As stated above, charitable, nonprofit, and community event
flights are events for compensation or hire. However, we recognize these
events are a tremendous benefit to the public and deserve some
exceptions from the normal regulations necessary for part 91
compensation or hire flights. Therefore, we created a rule (Sec. 91.146)
that allows sponsors of charitable, nonprofit, and community event
flights to employ pilots, often as volunteers, to give rides to the
public without meeting drug and alcohol requirements normally imposed on
a part 91 compensation or hire flight, and without having a certificate
under part 119.
The four-event limit is the current limit imposed through exemptions. 9
This limit is not new; nor is it based on safety concerns. Rather, the
concern is with the nature of these flights. To maintain the charitable
nature of these flights, it is necessary to place some restrictions on
them. If the interest of charity were taken out of the equation and all
else were equal, operations of this kind would be required to be part
135, and thus be subject to more stringent regulation and oversight. The
regulatory standards applied to part 135 flights would likely turn
charitable organizations away from their practice, which is not the
FAA's intent with this rulemaking. The FAA has historically chosen four
events per year as a reasonable balance that separates a charitable
event from an event run by an air carrier. The one event per year
limitation on community events recognizes that the primary interest of
the operator is more likely to be business- oriented than a charitable
or non-profit organization. If an operator is unhappy with the limit, it
may fly more than four events per calendar year, but it must comply with
the requirements in Sec. 91.147. Those requirements include implementing
a drug and alcohol testing program in accordance with 14 CFR part 121,
appendices I and J. An operator complying with Sec. 91.147 would also
not be able to use private pilots. The operator has a choice of which
regulation to follow, and operators currently conducting flights under
an exemption should not find the four-event limitation to be new or
unexpected.
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9 Exemption No. 7112, held by AOPA, contains this event limitation. That
exemption, along with others, is the basis for the event limitation in
this final rule.
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Many of the commenters who operate antique aircraft seem to believe that
if they operate in accordance with an exemption, the FAA will cancel the
exemption once this final rule is published. Because the rule
encapsulates current exemptions to charitable or non-profit
organizations from drug and alcohol testing, as long as participation is
limited to four events per year, charitable or non-profit organizations
will no longer need these exemptions. Any exemptions issued because a
commercial air tour operator does not have a standard airworthiness
certificate for its airplane will need to continue. When the expiration
date on the exemption arrives, the petitioner may re- apply for renewal.
At that point, the FAA may grant, deny, or change the exemptions. This
rule does not change that policy.
The FAA has determined that the conditions and limitations included in
the exemptions should also be included in this final rule. Since
commenters failed to provide any rational basis to not include certain
proposed limitations for "charitable, nonprofit, or community events,''
the FAA has incorporated those limits in new Sec. 91.146. In creating
the new Sec. 91.146 for charitable, nonprofit, and community events, we
have attempted to strike a careful balance between the recognition of
the public benefits of such fundraising activities and the need to set
aviation safety standards. Community events are limited to only one per
sponsor in a calendar year, as proposed in the NPRM. This limit is not
specifically derived from community event exemptions, but was proposed
so that a community event sponsor would not have to go through the extra
effort of applying for and receiving an IRS classification.
This final rule will continue current FAA policy. Current exemptions
allow for a pilot to fly only four events per year for a charity,
nonprofit, or community event. As stated above, this limit is not new,
and has been included in exemptions issued for years. For example,
Exemption 7112C, 10 issued to AOPA on May 20, 2004 states in condition
and limitation 11:
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10 Exemption No. 7112 was originally issued to AOPA on February 3, 2000.
The event sponsor may conduct no more than four events in a calendar
year. Each person operating under this exemption must provide AOPA with
a statement on behalf of the event sponsor, indicating that neither the
event sponsor nor any participating pilot has participated in more than
four similar events in a
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calendar year.
The event limitations were also explained in the NPRM.
For operators choosing to exceed the four-event minimum, we have
incorporated a new Sec. 91.147 in this final rule to provide relief from
the need to certify as an air carrier. It does not provide exclusion
from the existing "drug and alcohol'' testing requirements. The new Sec.
91.147 does not place any limitation on the number of events as long as
the operator registers with the FAA as required in the rule. For
example, Owls Head Transportation Museum may continue its operations in
accordance with Sec. 91.146, if its raffle flights are grouped to fit
into the requirement of no more than four events per year. If that
doesn't work, they may operate in accordance with Sec. 91.147. If their
aircraft do not have standard airworthiness certificates, the museum
will continue to need an exemption.
There may be cases where a sponsor could qualify for all three
categories. A sponsor with separate chapters is allowed four events for
each chapter. So, the 1,000 chapters of EAA may each sponsor four,
three-day events each year. Each pilot is limited to a maximum of 12
calendar days of flying per year (four events, three days per event).
Each event (charitable, nonprofit, or community) may be up to three days
in duration. Each situation counts as one event for that pilot. In this
final rule we do not limit the number of flights conducted during each
event, although a normally prudent pilot and event sponsor would
consider pilot fatigue.
.......<snip>
We discussed the 500-hour requirement for private pilots flying
charitable, nonprofit, and community events at length during the public
meetings (including the Internet meeting). Over the years, we have
issued exemptions with the 500-hour private pilot requirement with
breakdowns of what the 500 hours must include. The hourly breakdown
required for Exemption No. 7830, issued to EAA, is found below. Although
it is required in the exemption, we did not propose, nor do we adopt, a
specific breakdown of the required hours necessary to conduct a flight
described in Sec. 91.146. The 500-hour requirement for private pilots
who wish to fly in a charitable, nonprofit, or community event is not a
new requirement for many; it has simply never been written into regulation.
Commenters stated that many flights would be grounded by the 500- hour
flight time requirement proposed for private pilots. It is likely some
of these commenters were operating under a 500-hour condition and
limitation for private pilots in an exemption today. For example,
Exemption No. 7830 was issued to EAA for "Young Eagles'' flights. In
that exemption, we stated that:
"A higher safety standard of 500 hours of flight time for private pilots
is proposed for charitable and community events because these events
typically involve a larger number of passengers, are held over a period
of one to three days, and are generally a pleasure activity for the
passenger.''
The conditions and limitations in Exemption No. 7830 are more
restrictive than the proposal or this final rule. Below is condition and
limitation 2 from Exemption No. 7830:
2. Each pilot who conducts flights under this exemption must--
a. Hold at least a private pilot certificate with the appropriate
category, class, and type rating, if necessary, for the aircraft to be
used under this exemption in accordance with Sec. 61.31(a), (d), (e),
(f), (h), (i), and part 61, subpart E.
b. Have a minimum of 500 hours total flight time.
c. Have a minimum of 200 hours in the category of aircraft to be flown.
d. Have a minimum of 50 hours in the class of aircraft to be flown.
e. Meet the currency requirements in Sec. 61.56 for a flight review and
Sec. 61.57 for takeoffs and landings.
f. Hold a current third-class medical certificate in accordance with
Sec. 61.23(a)(3).
g. Meet the requirements of Sec. 61.113(d).
h. Have a logbook entry for each event in which he or she participates.
Exemption No. 7830 was extended in 2004 and applies to all private
pilots flying "Young Eagles'' flights. Therefore, we are surprised to
receive comments from EAA regarding the 500-hour minimum for private
pilots conducting charitable flights. EAA is the holder of Exemption No.
7830, which clearly states a 500-hour minimum for private pilots as
discussed above. We received some comments from pilots conducting
operations under this exemption who are completely unaware of the
limitation. During the Internet public meeting in 2004, we received one
comment from a private pilot who stated:
"I've flown a dozen or so Cub Scouts and Boy Scouts, and have flown 4
`Young Eagles' since earning my Private Pilot's license in 2000. Why
does the FAA suddenly feel I am unqualified simply because I only have
150 hours in my logbook? I'm either qualified to fly or I am not.''
The commenter was obviously unaware of the 500-hour requirement in the
exemption under which he was operating, as well as the 200-hour
requirement in Sec. 61.113. Some exemptions issued in the past have
required private pilots to have only 200 hours to fly these charitable,
nonprofit, or community events. We have decided to adopt the more
stringent criteria set forth in Exemption No. 7830, which requires 500
hours. We are not amending exemptions with this final rule, but we are
amending Sec. 61.113(d).