Notice of Proposed Rule Making


On August 11, a Notice of Proposed Rule Making, 95-11, was published in the Federal Register. The Federal Aviation Administration has proposed to change Federal Aviation Regulations Part 1, 61, 141, and 143. Part 1, which covers definition of terms would redefine balloon, flight time, and pilot in command time. The remainder of the proposed changes is a major revision of pilot certification.

As anticipated, the new Part 61 includes a certificated flight instructor rating for balloons. The proposed rule recognizes the differences between gas and hot air balloons in the limitations of a balloon license. Under the current rules, a pilot certificated as a gas balloonist can act as pilot in command of a hot air balloon without any prior experience. The proposed rule also eliminates solo time and replaces it with supervised pilot in command time.

Part 143, ground instructors, is eliminated and included in Part 61. Part 141, flight instruction schools, has been revised. The changes that will have a significant impact on ballooning are contained in the new Part 61. Balloon Life's Special Report this month is dedicated to the proposed rule changes. The paper document is approximately 250 pages and can be ordered from the Federal Government or downloaded electronically from a number of sources. For information on how to obtain a complete copy see the introduction to this month's Special Report on page 21.

Because of the importance of this proposed rule change, Balloon Life has reprinted the entire proposed Part 61 and the three revisions to Part 1. Although not all of Part 61 pertains to balloons Balloon Life felt that it was important that this entire document be presented. Part 61 begins on page 22.

Balloon Life spoke with many of the participants who have been involved over the last 15 years with trying to bring about an instructor rating for balloons. Beginning on page 50 is our findings on how the instructor rating came to be proposed. The course has been one of great controversy. The arguments for and against have not changed over time. In September of 1989 Balloon Life covered the issue as public hearings were about to begin on changes to Part 61, 141, and 143. Beginning on page 52 is the Burn or Rip (pro and con) that appeared in that September issue.

Finally, Balloon Life presents its analysis of the proposed changes and our response to the FAA beginning on page 54.

The last day to respond, in triplicate, to the NPRM is December 11. For more information on how to respond to the NPRM see Legal Log on page 58. In responding to the NPRM it is important to give supporting information to justify your position. Balloon Life believes that this is the most important issue that has faced ballooning. The eventual outcome of this proposed rule will have a significant impact on ballooning. Carefully read the proposed rule, our analysis, the history, and the pros and cons. Decide for yourself whether these changes will help or hurt ballooning. Then respond to this Notice of Proposed Rule Making.

World Championship
Dick Stamberg is one of only a handful of people who have attended every World Hot Air Balloon Championship. This past July he ventured to Battle Creek to cover the 12th Championship for Balloon Life. His report and photos begin on page 12.

Battle Creek has now hosted three World Championships. The organization and event are well respected in ballooning. The U.S. team with 12 competitors and flying on its home turf did exceptionally well. However, this Championship was not without its controversies. Getting the rules approved resulted in an extraordinary phone bill that was eventually quietly paid by the Battle Creek organizer, although they had no obligation to do so. The paying of this bill resulted in the field being cut from 101 to 86 competitors. And, in a letter to the editor, page 15, not everyone was happy about the attitude of the host country and the way in which they were treated.


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