The Official Electronic Newsletter of EAA

 
 






                                           September 28, 2001   Volume 1, Number 24

                           Welcome to a Special Edition of EAA HOT LINE, the new weekly e-mail
                           newsletter for members of the Experimental Aircraft Association, its
                           divisions and affiliates. We welcome your comments and suggestions to
                           ehotline@eaa.org

                           News You Can Use ---

                           EAA Strongly Opposes Proposed Legislation Aimed at Flight Student
                           Background Checks
                           EAA strongly opposes legislation introduced in the U.S. House of
                           Representatives and Senate that would require flight students to undergo
                           and pay for extensive background checks by FAA, FBI and CIA.

                           HR 2932 “Safe Skies Act of 2001" was introduced on Sept. 21 by Rep.
                           Ander Crenshaw (R-FL) in response to the terrorist attacks of Sept. 11.
                           The bill calls for flight students to pay for federal queries into their personal
                           background, “including information relating to any history of criminal activity
                           or to any evidence of espionage or terrorism.” (At this writing, two
                           additional House bills and one Senate bill have been introduced on this
                           same subject. EAA staff is evaluating the possible impact of these various
                           proposals. Visit the EAA website for latest information.)

                           EAA feels the federal government should use the tools and agencies we
                           now have to check those people entering the United States, whether that’s
                           Immigration and Naturalization Service, Customs or other agencies. “Flight
                           schools have no direct responsibility for who is allowed to enter the
                           country,” said EAA President Tom Poberezny. “Forcing student pilots to
                           pay for background checks will make it harder to bring legitimate flight
                           students into the system. Who decides where that ‘line’ is of who is
                           qualified for flight training? If there is a false accusation, what redress is
                           possible? It sets up background checks in the wrong areas.”

                           If enacted, the House bill would order the FAA Administrator to ensure that
                           background reviews be completed within 28 days. “The infrastructure to
                           perform the background checks that would be required simply doesn't exist
                           to do the job in the 28 days required by the bill,” said Tom.

                           EAA is addressing this issue with members of Congress.

                           FAA Clarifies NOTAMs Covering Airshows, Ultralight
                           Operations and Parachute Operations

                       From FAA Headquarters, AFS-800
                           To All Aviation Flight Standards Divisional Managers :

                           This to clarify the information contained in various NOTAMs with regard to
                           part 103 ultralight operations, parachute operations, and airshows. This
                           clarification has been coordinated with air traffic here at HQ.

                       Regarding Ultralight operations:
                           1. Outside enhanced Class B. - All part 103 ultralight operations (powered
                           and unpowered) to include flight training under the training exemption
                           issued to the four ultralight organizations. The flight training is for both solo
                           and dual.
                           2. Inside enhanced Class B - All part 103 ultralight operations (powered
                           and unpowered) to include flight training under the exemption issued to the
                           four ultralight organizations. The flight training is limited to dual only.
                           3. Exemption holders are: USUA, EAA, ASC, USHGA.
                           4. There is NO requirement for a transponder inside of any (enhanced or
                           normal) class B airspace.

                       Regarding airshows:
                           1. Airshows are authorized by FDC NOTAM 1/0356 for shows outside of
                           enhanced Class B airspace.
                           2. Airshows are excepted from FDC NOTAM 1/0298 which establishes a
                           TFR for major professional or collegiate sporting event or any other major
                           open air assembly of people. Airshows are authorized by the FAA via
                           waivers.

                       Regarding Parachute operations:
                           1. Parachute operations (to include demo jumps over congested areas) are
                           authorized by FDC NOTAM 1/0356 for drops outside of enhanced Class B
                           airspace for which a TFR has not been established.
                           2. Demo jumps may not be conducted into airspace above a major
                           professional or collegiate sporting event or any other major open air
                           assembly of people for which a TFR has been established.
                           3. Demo jumps are authorized for events for which a TFR has not been
                           established.



                           NOTE: During the present situation, NOTAM information has been
                           subject to constant change and it is extremely important that all
                           pilots check with flight service for applicable NOTAMS prior to
                           EVERY flight. Call 1-800-WXBRIEF (992-7433) for the latest
                           information.

                       Three More New NOTAMs Issued by FAA Sept. 27
                           The FAA has issued three new NOTAMs for the National Airspace
                           System (NAS) effective September 27.

                           FDC 1/0523 states that pipeline/powerline operators are now authorized to
                           conduct either VFR or IFR operations in all NAS except in the restricted
                           airspace around New York and Washington DC and around/over sporting
                           events defined in FDC NOTAM 1/0298. An assigned ATC transponder code
                           is required for either VFR or IFR flight.
                           FDC 1/0530 states that all pilots, airline, charter, and general aviation, are
                           advised to avoid the airspace above or in proximity to site such as nuclear
                           power plants, other power plants, dams, refineries, dams, industrial
                           complexes or other similar facilities. Pilots are requested not to circle
                           (loiter) in the vicinity of such site.
                       EAA note: Since most of these sites are not marked on any map and the
                           term "industrial complex" has not been defined, we urge pilots to use
                           common sense when looking for and avoiding such sites.



                           FDC 1/0532 states that all post maintenance flight tests, production flight
                           tests, and acceptance flight tests in aircraft with a maximum certified
                           takeoff gross weight of 95,000 pounds or less may be performed in the
                           NAS by pilots certificated by the FAA, are under the control of a US
                           company, pilots must use a test flight call sign, and aircraft comply with all
                           other IFR procedures in effect. These procedures also apply to foreign
                           registered aircraft. These flights may be done throughout the NAS except
                           within the Boston enhanced Class B airspace and the TFRs around New
                           York and Washington DC.

                       EAA note: FAA headquarters (9/27/01 @ 3:30 pm) has provided EAA with
                           an interpretation of the above NOTAM.

                       1st: US company is defined as a "US Company" or a "US citizen" acting
                           as a "manufacturer" of an experimental amateur-built aircraft or an
                           independent A&P (US Citizen).

                       2nd: Test flight call sign - a VFR or IFR flight plan is required and in the
                           remarks section enter "flight test per FDC Notam 1/05321/0617". For
                           experimental amateur-built aircraft operators and independent A&P's your
                           call sign during the test flight will be, for example "N2345WB Test Flight."
                           and
SEE NOTE BELOW FOR PART 3
                       3rd: Comply with all other IFR procedures in effect - within enhanced Class
                          B airspace only IFR operations are allowed, including all test flights.
                          Outside enhanced Class B airspace, test flights can be either VFR (per
                          FDC NOTAM 1/0356) or IFR. EAA needs to reinforce knowledge of
                          operating limitations to builders/owners/pilots of experimental amateur-built
                          aircraft, these state test flights can only be done VFR, e.g., no test flying
                          (from EAA's Randy Hensen re an FAA Communication
                           Mon, 1 Oct 2001 09:59:45 -0500). . . within enhanced Class B airspace.
                           experimental amateur-built aircraft can still do test flights. EAA recommends
                           you place the following in the remarks block of your VFR
                           flight plan - "VFR Manufacturer Production test flight per FDC NOTAM 1/0617
                           No. 11" when doing the experimental amateur-built aircraft flight tests -
                           this shows the AFSS that you are aware of the restrictions currently in place.
                           NOTE: NOTAM 1/0617 Part B. 4. II. 11. which allows VFR test flights "WITHIN
                                 'ENHANCED CLASS  B' AIRSPACE AREAS" superceded NOTAM  1/0586 which had
                                 cancelled 1/0356 on 09/28/01.


Updated: 9/28/01   9:15 p.m.
From FAA Headquarters, AFS-800
                       To All Aviation Flight Standards Divisional Managers :

                       This to clarify the information contained in various NOTAMs with regard to
                           part 103 ultralight operations, parachute operations, and airshows. This
                           clarification has been coordinated with air traffic here at HQ.

                       Regarding Ultralight operations:
                           1. Outside enhanced Class B. - All part 103 ultralight operations (powered
                           and unpowered) to include flight training under the training exemption
                           issued to the four ultralight organizations. The flight training is for both solo
                           and dual.
                           2. Inside enhanced Class B - All part 103 ultralight operations (powered
                           and unpowered) to include flight training under the exemption issued to the
                           four ultralight organizations. The flight training is limited to dual only.
                           3. Exemption holders are: USUA, EAA, ASC, USHGA.
                           4. There is NO requirement for a transponder inside of any (enhanced or
                           normal) class B airspace.

                       Regarding airshows:
                           1. Airshows are authorized by FDC NOTAM 1/0356 for shows outside of
                           enhanced Class B airspace.
                           2. Airshows are excepted from FDC NOTAM 1/0298 which establishes a
                           TFR for major professional or collegiate sporting event or any other major
                           open air assembly of people. Airshows are authorized by the FAA via
                           waivers.

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