Below is Balloon Life's opinion on various parts of NPRM 95-11 and the proposed rules in FAR Part 61.
Flight instructor rating
In the introduction, the FAA says that one of its goals is, "To promote economic and
efficient general aviation operations, expand participation, and stimulate industry
growth. Accordingly, this rulemaking project was and is designed to meet these general
aviation goals and provide economic relief from unnecessary, burdensome
regulations."
The major impact of the proposed rules for ballooning is the addition of an instructor rating for balloons. The preamble justifies this by echoing comments made during the public hearings held in 1989.
The question is not whether the quality of instruction should continue to improve. Learning is an on going process, one that is continually refined and enhanced. The addition of new ideas, better methods, and new standards allows any activity to evolve to a higher level.
The question is whether creating a new instructor rating category for balloons is better than the current system of qualifying commercial balloon pilots to instruct.
The FAA, in part, argues that a commercial balloon pilot who gives training under the authority of existing Sec. 61.139 is not bound by any of the recordkeeping requirements, authorizations, and limitations that apply to certificated flight instructors for the other categories of aircraft.
This argument is not valid. In Will Hays' original Balloon Digest, articles in ballooning periodicals, including this magazine, and the requirements to recommend a candidate for a new rating have stated or require that commercially rated balloon pilots are flight instructors and must adhere to the same standards as Flight Instructors with regard to recordkeeping, authorizations, and limitations. The FAA's argument sounds more like a convenient technical excuse that can be addressed by an addition to the limitation of the certificate.
Will an instructor rating for balloons help or hurt?
What it does is lower the standard for a commercial balloon rating. It creates for future instructor candidates an additional barrier. It does not create additional requirements beyond what is now expected of a commercial balloon rating. Yes, there is a proposed Instructor Practical Test Standard for balloons that is more stringent than the current Commercial PTS. The merit of the proposed Instructor PTS is a subject for a different debate.
Placing additional hurdles to obtain and maintain an instructor rating will, over time, reduce the number of available instructors.
This will create an unseen burden for ballooning, one that has to be understood from the perspective of when balloons fly. In the early days of modern hot air ballooning pilots tried flying in the middle of the day. Flights were exciting. The realization that balloons, for safe operation, need to be flown when the air is stable, limited the hours during the day, available for balloon flight to the first few after sunrise or before sunset.
Balloon flight is further limited by the number of days that provide stable air during these desirable times. Balloons are not like other aircraft, they do not fly through the air, they fly with it. This is a big difference. Where a light plane might be able to fly anytime during the day, a balloon must have favorable conditions during a limited time period. Thus, if the day is overcast with a chance of light rain and the wind is blowing 12 miles-per-hour the balloon stays packed up. The light plane can fly. Also, there are no flight simulators for ballooning.
The problem is further compounded by who flies balloons and when. Based on surveys conducted by Balloon Life, more than 75 percent of balloon pilots, not counting students, fly part time. That encompasses private pilots and commercial pilots who fly for fun or commercially part time. These are people who hold down regular jobs and fly on the weekend, when the weather is good. Add to this requirement the availability of crew to assist with the inflation, chase, and recovery.
Combining all these elements, most beyond one's control, it becomes evident that there is a limited amount of possibilities of when balloons can fly. Think of how long your training took or the rally you went to and watched the wind blow and/or the rain come down.
With fewer instructors available students will have a harder time coordinating training, whether it is in their hometown or at some distant location. Those who need a biennial flight review place additional strain on the system. Anybody interested in participating in the FAA Wings Program, which would substitute for a biennial, will probably be out of luck.
Why? Because the remaining 20-25 percent of the full-time commercial pilots left who have an economic incentive to achieve and maintain a flight instructor rating have their own constraints. Many fly commercial passengers for a living. The economics of taking six or more passengers at $125 per person is much better than flying with one or two students at a time. Many others fly corporate balloons and do not get actively involved in training.
Some of the part-time commercial pilots will achieve and maintain an instructor rating. It is highly unlikely that enough will to support the current demand for flight training and biennial flight reviews. The farther pilots have to travel to earn or maintain a rating will decrease the number of pilots flying. Fewer pilots, means fewer balloons and other equipment sold because there will not be a large enough market to support the suppliers. The economic consequence reaches to balloon events and the general health of the sport.
What has been important over the last fifteen or more years is that the marketplace has risen to meet the needs of better quality instruction, knowledge, and equipment. The FAA, in its analysis and denial of the BFA's petition for an instructor rating in 1982, "determined that the available data did not identify a significant trend in the balloon accident rate that would justify adopting the petitioner's proposals.
"The FAA has also conducted an economic review of the BFA's proposal. The review is based on balloon accident data obtained from the NTSB for the years 1974 through 1980 and on the growth rate of the number of lighter-than-air pilot certificates issued in the years 1976 through 1980. These data, adjusted for economic factors and increases in pilot certification are then projected for the period of 1983-1992. The projected costs reflect the added costs that would be imposed on the lighter-than-air aviation community by the proposed changes. The monetary benefits realized from preventing all relevant accidents are also projected for the period of 1983 through 1992. The results of this economic review indicate that the additional requirements proposed for lighter-than-air pilot certification would have a negative benefit/cost impact."
The FAA further stated, "that Executive Order No. 12291 prohibits an agency from undertaking any regulatory action unless the potential benefits to society from the regulation outweigh the potential cost to society."
The FAA has not done an analysis of balloon accident statistics and has not done a benefit/cost analysis for balloons in conjunction with NPRM 95-11. The Administrator's rationale for not supporting an instructor rating in 1982 is as valid today.
The quality of flight instruction has improved because hundreds of people have made valuable contributions to the body of knowledge that is available. There is no statistical evidence that there is a widespread problem with balloon flight instruction today. There is not one NTSB report that attributes a balloon accident to inadequate training.
That is not to say that standards should not be improved. The arguement that "if ain't broke, don't fix it" is not a good one. Times change, ideas change, and better methods are developed. That is evident in other changes to Part 61 that are being made, such as the requirement for a written training syllabus and inclusion of human factors and aeronautical decision making in training.
Ballooning has been one of the few bright spots in general aviation over the last 15 years. Balloon manufacturers have delivered more new aircraft than the light plane industry, balloon events have had a major economic impact on communities, and balloon flight has provided many people the opportunity to go for a sightseeing flight that cannot be accomplished in any other aircraft.
It is important for the FAA to recognize that balloon flight is different from other forms of aviation. Flight profiles, weather, distance traveled, launch and landing spots, and the use of airspace require an adjusted way of thinking. Safety is important—how it is accomplished may vary.
Should a smaller balloon community result because of an instructor rating there will be less people to contribute to the body of knowledge that exists about balloon flight and operations. There will be fewer avenues to disseminate the information, and fewer opportunities to do recurrent training.
An instructor rating will not increase information available about ballooning. It would be a better idea for the FAA and the balloon community to build upon the advances that have been made, to work together to develop additional materials that are specific to ballooning and to disseminate that information. Set, realistic standards that pilots can aspire to. Do not regulate for regulations sake.
Other provisions of the proposed rule changes
Balloon: The FAA redefines the word "balloon" as an aircraft that is not
engine driven, but sustains flight with either gas buoyancy or with an airborne heater.
The term, "balloon" would replace the term "free balloon." The term "balloon" will
include gas balloons and balloons with an airborne heater. The FAA believes the term
"balloon" is more descriptive in defining this class of aircraft. The FAA proposes to
delete references to the phrase "hot air balloon without airborne heaters".
This change recognizes that ballooning is divided into two categories—gas and hot air. It is a logical change in which the applicant who takes the practical test in one type will have a limitation placed on their certificate restricting them to that type of balloon. The limitation can be removed by taking and passing the practical test in the other type of balloon.
Supervised Pilot-In-Command Time: The term "supervised PIC time" replaces the old "solo" time which ceases to exist in the new rules. Although this change allows a pilot to log PIC time when in solo flight it carries a restriction that the instructor, in addition to authorizing the flight, must also supervise the flight. The FAA has made this change with no explanation as to why they are now specifying that the old solo time must be supervised. It would appear that the FAA would like the instructor to be able to better evaluate the student during all phases of instruction. In the past the student's instructor need not have been present during a solo flight. Supervision does not mean that the instructor has to be onboard the aircraft. If the instructor places appropriate limitations on what the student may or may not do during solo flight the instructor does not even need to be in the area, according to Ted Wirth, BFA Government Relations Committee Chair.
Supervised PIC cross-country flight requirements (61.93): This section details requirements for the student and instructor before a supervised PIC cross- country flight can be made. (a)(1)(ii) a student must meet the requirements of this section before… "Making a supervised PIC flight and landing at any location other than the airport of origination." That means that every balloon flight is a cross-country flight. A section should be added that would exempt planned balloon flights under 25 miles.
Possession of pilot certificate: Rather than have your pilot certificate physically on you it will be possible to kept it in the aircraft readily accessible when exercising the privileges of the certificate. This provides more flexibility in carrying the document.
Who may train and endorse an applicant: Sec. 61.3(d)(2) now specifies who may give training, endorse a pilot logbook to show training given, and endorse a student pilot logbook for supervised PIC. In addition the eligibility requirements for private, commercial, and flight instructor ratings will specify the logbook endorsements necessary to apply for the pilot certificate rating. This creates greater accountability.
Written syllabus: The requirement for a written training syllabus by instructors who give flight or ground training to a pilot for an airman certificate or rating is a sound idea. With a written guideline instructors and better able to cover the main teaching points.
Recent flight experience: We still have to make three takeoffs and landings within the last 90 days to carry passengers. Sec. 61.57(a)(1)(iii) adds the requirement, "Each required takeoff and landing involved a flight in the traffic pattern at the recommended traffic pattern altitude for the airport." Better sharpen up those downwind flying skills and other maneuvers like turning base to final. The objective is to require "honest" takeoffs and landings, not just three little bumps. The language will need to be cleaned up, at least for balloons.
Balloonport operations: Flight proficiency for private, commercial and flight instructor ratings include in the areas of operation for lighter-than-air category rating with a balloon class rating the term Balloonport operations. The term "Balloonport" is not defined and is used by the balloon community to mean several different things. The FAA is not clear as to what a balloonport is. If this means a takeoff and/or landing location it should be specified using clearer language. The term balloonport could be interpreted by agencies of the government to mean a specific location. This could potentially restrict operations of balloons. The term should be dropped or redefined. The FAA was advised to do so during the review process by the BFA.
Private before commercial: The eligibility requirements for a commercial rating will add the condition that the applicant hold at least a private pilot certificate. This will provide the commercial applicant in balloons to have the opportunity to fly with passengers prior to being able to carry them for hire. This idea has been recommended by many flight instructors and examiners in ballooning for a long time.
Aeronautical knowledge: The PTS for private, commercial, and flight instructor ratings is more specific on aeronautical knowledge requirements and will include specific information on aeronautical decision making and judgement. This will insure that pilots receive this valuable training.
If the flight instructor rating goes through
"Grandfather" clause: If the rule becomes final, a pilot who holds a
commercial balloon rating before the effective date will be allowed to exercise their
current privileges for a period of two years from the effective date of the final rule.
Conversion to a flight instructor rating: A pilot must receive the required training and pass a practical test or before the effective date of the final rule have given at least 20 hours of flight training in a balloon as a holder of a commercial pilot certificate and recommended at least one student for a practical test for the issuance of a balloon class rating and the recommended student passed the practical test.
Renewal of flight instructor certificate: Several methods are available to renew a flight instructor certificate that has not expired. The simplest of the methods is taking into an FAA FSDO office a graduation certificate showing that one has accomplished an approved flight instructors refresher course, consisting of ground or flight instruction, or both, and showing the course was satisfactorily accomplished before the expiration date on the person's flight instructor certificate.
Editor's note: The FAA had originally planned to allow all commercial balloon pilots to convert to a flight instructor rating without any additional requirements. The BFA recommended the minimum requirements of 20 hours flight training given and one successful student.