At 02:18 27 October 2003, Vaughn wrote:
Someone please tell me I have this wrong.

Well, sorta... the NPRM to which AOPA refers is online
at:

http://dmses.dot.gov/docimages/p77/257434.pdf

This NPRM and its potential impact on soaring are being
studied by SSA's Government Liaison committee and
staff - and we'll have more details on the SSA website
ASAP. In the meantime, please note:

The focal points of this rather complex proposal are
-

1) 'Commercial Air Tour' operators using airplanes
and helicopters - most particularly those involving
aircraft with up to 30 seats and a payload weight of
up to 7500 pounds.

2) NTSB recommendations which call for national certification
& operating rules for 'Air Tour' operators

3) new rules outlining limitations on rides offered
for compensation or hire in connection with community
or charitable 'airlift' events, including instances
when such rides are given per 61.113(d) by private
pilots.

Notably, with respect to items 1 & 2, the background
section of the NPRM indicates, 'While some air tour
operations are conducted in hot air balloons and gliders,
this proposal is intended to regulate commercial air
tours conducted in powered aircraft only.'

Unfortunately, the proposed definition of 'commercial
Air Tour' operator refers to 'powered aircraft' and
makes no mention of an exclusion for motorgliders...
calling into question whether the new rules targeting
airplanes and helicopters would be mis-applied to them.

In terms of item 3, NPRM wording describes the targeted
community/charitable events as infrequent fundraising
pursuits which are or may be open to abuse by pilots
or corporate entities actually operating on a for-profit
basis.Through its discussion of regulatory intent,
the NPRM appears geared toward special-event types
of activities, not the on-going activities of a club
which offers introductory flights in order to draw
new member/students.

Finally with respect to item 3, note that neither Part
135 certification (a rather complex procedure) nor
drug and alcohol testing per certain sub-sections of
Part 135 are proposed for community or charitable 'airlift'
events, for instruction including introductory flights
given by a CFI or for 'demonstration flights' of various
types. Again, however, the proposal contains no exclusion
specifically referring to introductory or demonstration
flights conducted in gliders or balloons by commercial
pilots.

Judy