[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Proposed Rules]
[Pages 31-35]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-31871]


[[Page Unknown]]

[Federal Register: January 3, 1994]


                                                     VOL. 59, NO. 1

                                            Monday, January 3, 1994
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

[Summary Notice No. PR-93-20]

 

Petition for Rulemaking; Summary of Petitions Received; 
Dispositions of Petitions Issued

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petitions for rulemaking received and of dispositions 
of prior petitions.

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SUMMARY: Pursuant to FAA's rulemaking provisions governing the 
application, processing, and disposition of petitions for rulemaking 
(14 CFR Part 11), this notice contains the substance of a petition for 
rulemaking filed by the Experimental Aircraft Association, (EAA). EAA 
filed this petition in the form of notice of proposed rulemaking, and 
the FAA is publishing the substance of EAA's proposal verbatim, in 
order to improve the public's awareness of, and participation in, this 
aspect of FAA's regulatory activities. Neither publication of this 
notice nor the inclusion or omission of information is intended to 
affect the legal status of any petition or its final disposition. The 
FAA is publishing EAA's petition without comment or endorsement.

DATES: Comments on petitions received must identify the petition docket 
number involved and must be received by March 4, 1994.

ADDRESSES: Send comments on any petition in triplicate to: Federal 
Aviation Administration, Office of the Chief Counsel, Attn: Rules 
Docket No. 27517, 800 Independence Avenue, SW., Washington, DC 20591.
    The petition, any comments received, and a copy of any final 
disposition are filed in the assigned regulatory docket and are 
available for examination in the Rules Docket (AGC-10), Room 915G, FAA 
Headquarters Building (FOB 10A), 800 Independence Ave., SW., 
Washington, DC 20591; telephone (202) 267-3132

FOR FURTHER INFORMATION CONTACT:
Mr. Frederick M. Haynes, Office of Rulemaking (ARM-1), Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone (202) 267-3939.
    This notice is published pursuant to paragraphs (b) and (f) of 
Sec. 11.27 of part 11 of the Federal Aviation Regulations (14 CFR part 
11).

    Issued in Washington, DC on December 22, 1993.
Donald P. Byrne,
Assistant Chief Counsel, Regulations Division.

Petitions for Rulemaking

    Docket No.: 27517.
    Petitioner: Experimental Aircraft Association.
    Regulations Affected: 14 CFR Part 61.
    Description of Rulechange Sought:

SUMMARY: Experimental Aircraft Association (EAA) submits this NPRM as a 
proposal to amend several sections of the Federal Aviation Regulations 
(FAR) as they apply to student and recreational pilot activity. 
Specifically, student and recreational pilots will be permitted to hold 
at least a current third-class medical certificate issued under part 67 
of this chapter or certify that he or she has no known medical defect 
that makes him or her unable to pilot an aircraft, all certificated 
pilots will be permitted the same option when exercising the privileges 
of a recreational pilot certificate. Further, the holder of a flight 
instructor certificate with an appropriate category and class rating, 
while holding at least a current third-class medical certificate issued 
under part 67 of this chapter or certifying that he or she has no known 
medical defect that makes him or her unable to pilot an aircraft, will 
be permitted to instruct student pilots seeking a recreational pilot 
certificate or the holder of a recreational pilot certificate seeking 
advanced training. The proposed amendments will permit additional 
flight activity, encouraged increased proficiency by lowering the cost 
of recreational flying and assist in the revitalization of general and 
sport aviation by relieving a burdensome and expensive regulation, 
without a degradation of aviation safety. The Federal Aviation 
Administration (FAA) publishes this NPRM without comment.

Background

    Current medical certification requirements have existed for decades 
and have remained unchanged in the face of medical advancement. In 
fact, accident summary data from 1986 through 1992 indicates that the 
percentage of accidents involving medical causal factors is lower for 
those recreational type activities that do not require medical 
certification than those activities that do require medical 
certification. During those seven years, there were 761 accidents in 
lighter-than-air aircraft and sailplanes. These operations do not 
require FAA medical certification. Only one of these 761 accidents 
showed a medical cause resulting in a .13% of total accidents. Of 
general aviation operations requiring medical certification, there were 
46,976 total accidents, 99 of which (.21%) showed medical cause. During 
this same time frame, medical causal accidents as a part of the total 
were .19% for amateur-built aircraft and .16% for airplanes less than 
12,500 pounds. A safety problem is not evident for basic aircraft used 
for limited recreational purposes. (See the following chart):

                            Accident Summary                            
                 [January 1, 1986 to December 31, 1992]                 
------------------------------------------------------------------------
                                                           Percent of   
                  Total accidents     Medical cause    accidents medical
                     all causes         accidents            causal     
------------------------------------------------------------------------
Lighter-than-                                                           
 air...........                327                  0               0.00
Sailplanes.....                434                  1               0.23
All ``No                                                                
 Medical Req.''                761                  1               0.13
Rotorcraft.....               2126                  5               0.24
Other < 12,500.              36831                 58               0.16
Other > 12,500.               5983                 32               0.53
Amateur-built..               2036                  4               0.20
All ``Medical                                                           
 Req.''........              46976                 99               0.21
------------------------------------------------------------------------
Data source: Ben Morrow (ACE-103)                                       

    This proposal would amend the regulations to permit qualified 
airmen to operate U.S. registered general aviation airplanes for sport 
and recreational purposes with self-certification medicals. Pilots 
would also be permitted to receive appropriate instruction from 
appropriately-rated individuals with an active interest in small 
aircraft operated for sport and recreation. Current requirements for a 
third class medical certificate for individuals engaged in recreational 
flying in small, slow airplanes is without justification from a safety 
standpoint. There is documented information that safety is not being 
compromised by the operation of other recreational aircraft (such as 
sailplanes and hot air balloons) as well as ultralight vehicles by 
those not regulatorily encumbered by a requirement for a third class 
medical certificate.
    There is widespread concern about the current health and future 
growth opportunities for sport and general aviation. Sport and general 
aviation are the foundation of the entire air transportation system in 
the United States. The activities of sport and general aviation provide 
the support of the aviation infrastructure including maintenance, 
airport operators, airport service companies (fixed base operators), 
and the pipeline of requirement replacement parts. It is general and 
sport aviation that provide the involvement of the majority of 
individuals involved in aviation; provide the training necessary for 
all segments of aviation, including business, corporate, commercial and 
military aviation; and provide the proficiency for most flight 
personnel.
    Trends and statistics of new airplane manufacturing and pilot 
certificates issued are well known to the FAA and to the aviation 
community. These statistics along with a deteriorating condition of 
airport facilities availability clearly show the current state of 
affairs for general aviation.
    Well publicized as contributing factors to this condition are 
issues of product liability for aircraft and parts manufacturing, and 
operating cost factors. Other major factors--not so well publicized--
are those of regulatory burden and costs. These regulatory costs 
continue to increase through requirements for additional flight 
training, mandatory equipment on aircraft, mandatory inspections and 
airspace requiring avoidance which results in added flight time and 
operating expense. All of these economic cost factors are doubly 
burdensome on the recreational segment of general aviation since these 
costs are not deductible or justified as a ``business expense.'' 
Opening the opportunity of flight through this amendment could assist 
in reversing the negative trends in general aviation.

The Proposal

    This NPRM proposes to amend part 61 of the FAR (14 CFR Part 61) to 
permit student pilots seeking a recreational pilot certificate, the 
holder of a recreational pilot certificate, and those appropriately 
certificated pilots (private, commercial and airline transport pilot) 
while exercising the privileges of a recreational pilot certificate to 
operate U.S. registered general aviation aircraft (as limited by the 
recreational pilot certificate) with at least a third class medical 
certificate issued under part 67 of the FAR or to certify that he or 
she has no known medical defects that makes him or her unable to pilot 
an aircraft. Additionally, a certificated flight instructor with at 
least a third class medical certificate issued under part 67 of the FAR 
or certify that he or she has no known medical defects that makes him 
or her unable to pilot an aircraft may give flight instruction to 
student pilots seeking a recreational pilot certificate or the holder 
of a recreational pilot certificate seeking advanced training.
    The exercise of the recreational pilot privileges permitting flight 
without the requirement for a third class medical certification will 
continue to be very limited in scope. Section 61.101 ``Recreational 
pilot privileges and limitations'' presently states:
    (a) A recreational pilot may--
    (1) Carry not more than one passenger; and
    (2) Share the operating expenses of the flight with the passenger.
    (3) Act as pilot-in-command of an aircraft only when--
    (i) The flight is within 50 nautical miles of an airport at which 
the pilot has received ground and flight instruction from an authorized 
instructor certificated under this part;
    (ii) The flight lands at an airport within 50 nautical miles of the 
departure airport; and
    (iii) The pilot carries, in that pilot's personal possession, a 
logbook that has been endorsed by the instructor attesting to the 
instruction required by paragraph (a)(3)(i) of this section.
    (b) Except as provided in paragraphs (f) and (g) of this section, a 
recreational pilot may not act as pilot-in-command of an aircraft--
    (1) That is certificated--
    (i) For more than four occupants;
    (ii) With more than one powerplant;
    (iii) With a powerplant of more than 180 horsepower; or
    (iv) With retractable landing gear.
    (2) That is classified as a glider, airship, or balloon;
    (3) That is carrying a passenger or property for compensation or 
hire;
    (4) For compensation or hire;
    (5) In furtherance of a business;
    (6) Between sunset and sunrise;
    (7) In airspace in which communication with air traffic control is 
required;
    (8) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, 
whichever is higher;
    (9) When the flight or surface visibility is less than 3 statute 
miles;
    (10) Without visual reference to the surface;
    (11) On a flight outside the United States;
    (12) To demonstrate that aircraft in flight to a prospective buyer;
    (13) That is used in a passenger-carrying airlift and sponsored by 
a charitable organization; and
    (14) That is towing any object.
    (c) A recreational pilot may not act as a required pilot flight 
crew member on any aircraft for which more than one pilot is required 
by the type certificate of the aircraft or the regulations under which 
the flight is conducted, except when receiving flight instruction from 
an authorized flight instructor on board an airship and no person other 
than a required flight crew member is carried on the aircraft.
    (d) A recreational pilot who has logged fewer than 400 flight hours 
and who has not logged pilot-in-command time in an aircraft within the 
preceding 180 days may not act as pilot-in-command of an aircraft until 
the pilot has received flight instruction from an authorized flight 
instructor who certifies in the pilot's logbook that the pilot is 
competent to act as pilot-in-command of the aircraft. This requirement 
can be met in combination with the requirements of section 61.56 and 
61.57 at the discretion of the instructor.
    (e) The recreational pilot certificate issued under this subpart 
carries the notation ``Holder does not meet ICAO requirements.''
    (f) For the purpose of obtaining additional certificates or 
ratings, while under the supervision of an authorized flight 
instructor, a recreational pilot may fly as sole occupant of an 
aircraft--
    (1) For which the pilot does not hold an appropriate category or 
class rating;
    (2) Within airspace that requires communication with air traffic 
control; or
    (3) Between sunset and sunrise, provided the flight or surface 
visibility is at least 5 statute miles.
    (g) In order to fly solo as provided in paragraph (f) of this 
section, the recreational pilot must meet the appropriate aeronautical 
knowledge and flight training requirements of section 61.87 for that 
aircraft. When operating an aircraft under the conditions specified in 
paragraph (f) of this section, the recreational pilot shall carry the 
logbook that has been endorsed for each flight by an authorized pilot 
instructor who--
    (1) Has given the recreational pilot instruction in the make and 
model of aircraft in which the solo flight is to be made;
    (2) Has found that the recreational pilot has met the applicable 
requirements of section 61.87; and
    (3) Has found that the recreation pilot is competent to make solo 
flights in accordance with the logbook endorsement.
    (h) Notwithstanding paragraph 61.101(a)(3), a recreational pilot 
may for the purpose of obtaining an additional certificate or rating, 
while under the supervision of an authorized flight instructor, act as 
pilot-in-command of an aircraft on a flight in excess of 50 nautical 
miles from an airport at which flight instruction is received if the 
pilot meets the flight training requirements of section 61.93 and in 
that pilot's personal possession is the logbook that has been endorsed 
by an authorized instructor attesting that:
    (1) The recreational pilot has received instruction in solo cross-
country flight and the training described in section 61.93 applicable 
to the aircraft to be operated, and is competent to make solo cross-
country flights in the make and model of aircraft to be flown, and
    (2) The instructor has reviewed the student's preflight planning 
and preparation for the specific solo cross-country flight and the 
recreational pilot is prepared to make the flight safely under the 
known circumstances and subject to any conditions listed in the logbook 
by the instructor.
    The only amendments to section 61.101 by this proposal would be to 
provide for the removal of the 50 nautical mile limitation as an option 
for the holder of a recreational pilot certificate. To remove this 
limitation the recreational pilot would be required to meet the flight 
training requirements of section 61.93, the aeronautical experience 
requirements of sections 61.109(a) (1) and (b) or 61.113(a)(1) (i) and 
(a)(2)(i), as appropriate, and receives and endorsement from an 
authorized flight instructor in his or her logbook to remove the 50 
mile limitation.
    It is proposed that any certificated pilot exercising the flight 
privileges of a recreational pilot certificate would be limited by the 
privileges and limitations of a recreational pilot certificate. These 
limitations provide an equivalent level of safety in that operations of 
basic aircraft for sport and recreation only are permitted. Of course, 
for those pilots who have received flight training and certification 
for cross-country, night flight and flight into airspace requiring 
communication with air traffic control--private, commercial and airline 
transport--those specific recreational pilot limitations would not 
apply.
    EAA unequivocally states that this rulemaking does not promote the 
operation of aircraft envisioned under this proposed amendment to part 
61 could only arise out of the exercise of an FAA pilot certificate, 
the customary self-certification of a proper physiological condition 
prior to flight will ensure aircraft operations by only medically 
qualified airmen. Further, the usual pilot-peer-group observation, as 
well as typical FAA surveillance activities, will act as a cross-check 
to identify the rare individual who, when not medically qualified, 
might attempt to operate an aircraft.
    EAA endorses and encourages all FAA enforcement efforts which 
promote safe flying activities. Flying is a privilege which requires 
responsibility on the part of the airmen. Historically, those who have 
invested the time and money to earn an FAA Airman Certificate display 
the responsibility to avoid operations which could lead to the loss of 
that certificate. Those unwilling to act accordingly can lose their 
privileges to FAA enforcement measures. While EAA promotes the 
expansion of flying privileges to a greater number of participants, it 
does not endorse flight by those medically unqualified to act as pilot-
in-command of an aircraft.
    It should be specifically noted that the federal government, in 
section 67.19(c), already acknowledges the need for a private pilot 
``to accept reasonable risks to his or her person and property that is 
not acceptable in the exercise of commercial or airline transport 
privileges . . . '' Further, a pilot must ``self certify'' his or her 
physiological condition for the safe conduct of each flight prior to 
exercising the privileges of any pilot certificate. The immediate 
proposal is based on these existing regulations.

Additional Issues and Statements

    There are a number of issues concerning the subject of flight 
instruction under this amendment. These include medical qualifications 
of the individual providing the instruction, documentation for student 
pilot certification and transition of an individual instructed only for 
recreational pilot purposes to a fully-privileged private pilot.
    There has been discussion as to what qualifications will be 
necessary to provide instruction in this situation. This question has 
arisen largely because: a number of sportplane models currently 
undergoing FAA certification have been available in the past as ``two-
place ultralight trainers;'' and, under an exemption to the FARs for 
flight instruction, individuals without an FAA flight instructor 
certificate and FAA medical certificate have been permitted to provide 
flight instruction.
    Since under the amendments called for in this NPRM, the aircraft 
will be a certificated airplane being operated by a certificated pilot 
or candidate for a pilot's certificate, flight instruction would be 
appropriately given an individual holding an FAA flight instructor 
certificate. The medical certification of a flight instructor in this 
situation will be as currently required by the FAR. Section 61.19(d)(1) 
provides that ``a flight instructor certificate is effective only while 
the holder has a current pilot certificate and a medical certificate 
appropriate to the pilot privileges being exercised . . . '' Therefore, 
an individual with a current CFI certificate, and otherwise 
appropriately rated, but without a medical certificate, could provide 
instruction to a candidate for a recreational pilot certificate or to 
the holder of a recreational pilot certificate seeking additional 
training. Additionally, current regulations permit that flight 
instructions can be provided by a CFI without a valid medical 
certificate if that instruction is being provided to a certificated 
individual with a current medical certificate who is qualified to serve 
as pilot-in-command of that aircraft. An example of this would be a 
``make and model'' check-out or a biennial or annual flight review.
    Further, this amendment would not preclude an individual from 
providing ultralight vehicle flight instruction under an FAA-recognized 
ultralight training program in a vehicle make and model identical to a 
sportplane that is being operated legally as an ultralight vehicle 
trainer. Therefore, this action should in no way affect the existence 
of ultralight vehicle trainer. Therefore, this action should in no way 
affect the existence of ultralight vehicle training opportunities for 
individuals participating in any FAA-recognized ultralight training 
programs.
    As this amendment would eliminate the need for the paperwork 
involved in the issuance of a third class medical, there would need to 
be a method provided for documenting the student pilot status. 
Currently a medical certificate (issued by an AME) has a dual purpose 
of providing a student pilot's license after appropriate endorsements 
by a flight instructor. A replacement of this method would have to be 
provided. EAA recommends the system currently in place for sailplane 
student pilots, with the student pilot license being issued by an FAA 
inspector or designated pilot examiner.
    The final issue is that of transition by an individual from 
recreational pilot privileges to a private pilot certificate. Should an 
individual desire to expand to the full privileges of a private pilot 
(for example, to operate at night and/or in areas requiring 
communication with air traffic control), additional flight instruction, 
logbook entries and examination as currently delineated in the FARs 
would be required. All instructional flight hours received and other 
logged hours would be credited towards any regulations necessary to 
provide for the additional privileges.

Regulatory Evaluation

Regulatory Evaluation Summary

    This section summarizes the regulatory evaluation on the proposed 
amendments to 14 CFR part 61--to provide expanded recreational flight 
privileges. This summary and full regulatory evaluation quantify, to 
the extent practicable, estimated costs to the private sector, 
consumers, and Federal, State and local governments as well as 
anticipated benefits.
    Executive Order 12291, February 17, 1981, directs Federal agencies 
to promulgate new regulations or modify existing regulations only if 
potential benefits to society for each regulatory change outweighs 
potential costs. The Executive Order requires the preparation of a 
Regulatory Impact Analysis of all ``major'' rules except those 
responding to emergency situations or other narrowly defined 
emergencies. A ``major'' rule is one that is likely to result in an 
annual effect on the economy of $100 million or more, a major increase 
in consumer costs, or a significant adverse effect on competition, or 
that is highly controversial.
    This proposed rule is not ``major'' as defined in the Executive 
Order; therefore, a full regulatory impact analysis that includes the 
identification and evaluation of cost-reducing alternatives to this 
proposed rule has not been prepared. This section contains a Regulatory 
Flexibility Determination required by the Regulatory Flexibility Act 
(P.L. 96-354) and an International Trade Impact Assessment.

Benefit Analysis

    Activity under the amended regulation would be limited to 
recreational pilot privileges and limitations. The equivalent level of 
safety will be assured due to a number of factors:
     The flight activities proposed compare reasonably with the 
complexity of existing operations of hot air balloons, gliders and 
motorized gliders--that is, for recreational purposes (and appropriate 
flight instruction) only. Other private pilot, commercial and airline 
transport pilot privileges include the opportunity for IFR operations 
and operation of complex aircraft. These complexities which include 
higher stress situations than recreational flying, would not be 
permitted under the amended regulation; thereby ensuring a current 
level of safety for those operations.
     This amendment would permit holders of airman certificates 
to operate airplanes of less complexity that are currently operated by 
those same individuals. The amendment would permit certificated private 
pilots, for example, to operate a simple, light sportplane or 
equivalent without a valid third class medical certificate. The 
complexity of the operation would, in fact, be limited by the 
regulations governing recreational pilots. If such an individual does 
hold an appropriate FAA medical certificate, they may exercise the full 
privileges of their certificate in any aircraft in which they are 
rated.
     Operation under this amendment would be limited to sport 
and recreational purposes only with the understanding that flight 
instruction could be received by such an individual in furtherance of 
these limited privileges.
     An equivalent level of safety should also be evident since 
the operation of mechanically similar two-seat aircraft has been 
ongoing for a number of years (in ultralight flight training under 
exemptions to Part 103 of the FAR) without any significant accident or 
incidents caused by pilot incapacitation.
    Further, safety would be enhanced as a result of the increased 
flying that will be promoted by this regulatory relief. It is commonly 
known that increased proficiency contributes to safe flight operations. 
By the encouragement of more flight activity, this proposal will 
improve aviation safety.
    This amendment is in the public interest in that it serves as only 
an option--not a requirement--for appropriately qualified individuals 
to operate aircraft with specific limitations. In this regard, the 
requested action would not serve as a burden nor infringement on any 
other individual or group of individuals.
    Finally, the amendment would be the opportunity to assist in the 
revitalization of the economically distressed general aviation 
industry. Singularly, the requested action will not fix all of general 
aviation ills, however, in conjunction with and support of other 
activities, such as the eminent availability of new aircraft models 
under the primary category sportplane certification opportunities, the 
proposal will serve a vital function in the larger picture of general 
aviation revitalization. As noted earlier, general and sport aviation 
are the foundation upon which the United States air transportation 
system rests. This community provides the flight training, proficiency 
and infrastructure support that comprise the total system. Additional 
justification of the public value of healthy general aviation activity 
in the United States can be found in the FAA's General Aviation Action 
Plan.

Cost Analysis

    Considerable regulatory and economic relief would be provided by 
this amendment. It is conservatively estimated that ten percent of all 
certificated pilots would take advantage of the reduced regulatory 
burden of this amendment in exchange for the limited recreational 
privileges. Assuming a third class medical examination to cost $50.00, 
this amendment to the regulation would relieve $3.415 million in 
regulatory cost every two years (based on 683,000 pilots). 
Additionally, the thousands of pilots that have discontinued flying and 
certificated flight instructors who have discontinued instructing over 
the years for a variety of personal and fiscal reasons, may be 
encouraged to return to the ranks of those enjoying flying as a 
recreational outlet and teaching flying at that level. This would also 
provide tens of thousands of dollars of regulatory relief per year.
    Added public benefit would be gained by eventual reduction in FAA 
manpower to administer the airmen medical certification records. While 
this ``government cost savings may not occur during the near term, 
eventually the rule change would reduce the administrative burden of 
medical certification for certain limited flight activities thereby 
reducing costs for the FAA.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511, there are no requirements for information collection associated 
with this proposed rule.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) ensures that small 
entities are not unnecessarily and disproportionately burdened by 
Government regulations. The RFA requires agencies to review rules that 
may have a significant economic impact on a substantial number of small 
entities.
    The small entities that this amendment could potentially affect are 
the aviation service providers (fixed base operators) and suppliers of 
general aviation parts. These providers and suppliers will be 
positively affected by the increased flight activity that results from 
this rulemaking. The additional requirement for replacement parts, 
fuel, flight training and maintenance services will be a positive 
economic benefit from the flight activity.

International Trade Impact Assessment

    The proposed rule would have negligible effect on the sale of 
foreign aviation products or services in the United States. However, 
there could be a positive indirect impact on the sale of U.S. products 
or services in foreign countries. This indirect benefit will result 
from the positive impact this regulation will have on the fiscal health 
of U.S. product and service providers as an outcome of increased flight 
activity.

Federalism Implications

    This proposed regulation would not have substantial direct effects 
on the states, on the relationship between the national government and 
the states, or on the distribution of power and responsibilities among 
the various levels of government. Therefore, in accordance with 
Executive Order 12612, preparation of a Federalism assessment is not 
warranted.

Conclusion

    In view of the overall benefit to aviation, EAA believes that the 
proposed rule to provide expanded recreational flight privileges is 
cost-beneficial. For the reasons discussed under ``Regulatory 
Evaluation,'' EAA has determined that this proposed regulation is not a 
``major rule'' under Executive Order 12291 and is not a ``significant 
rule'' under DOT Regulatory Policies and Procedures (44 FR 11034; 
February 26, 1979). It is certified that this proposal, if adopted, 
would have a positive impact on a number of small entities.
    A summary of the petitioner's proposed changes follows:

    Sec. 61.3(c)  Medical certificate. Except for free balloon 
pilots piloting balloons, glider pilots piloting gliders, and pilots 
piloting aircraft while exercising the privileges and limitations in 
Sec. 61.101 for recreational pilot, no person may * * *
    Sec. 61.83(c)  Hold at least a current third-class medical 
certificate issued under part 67 of this chapter, or, in the case of 
glider or free balloon operations or while seeking a recreational 
pilot certificate, certify that he or she has no known * * *
    Sec. 61.85(b)  An FAA operations inspector or designated pilot 
examiner, accompanied by a current FAA medical certificate, or in 
the case of an application for a glider or free balloon or 
recreational pilot certificate it may be accompanied * * *
    Sec. 61.96(c)  Hold at least a current third-class medical 
certificate issued under part 67 of this chapter or certify that he 
or she has no known medical defect that makes him or her unable to 
pilot the aircraft.
    Sec. 61.103(3)  Except as provided in paragraph (i) of this 
section, act as pilot-in-command * * *
    Sec. 61.101(i)  Notwithstanding paragraph 61.101(a)(3), a 
recreational pilot may operate an aircraft in excess of 50 nautical 
miles without authorization by a flight instructor for each flight 
when the pilot meets the flight training requirements of Sec. 61.93, 
the aeronautical experience requirements of Sec. 61.109(a)(1) and 
(b) or 61.113(a)(1)(i) and (a)(2)(1), as appropriate, and receives 
an endorsement in his or her logbook to remove the 50 mile 
limitation from an authorized flight instructor.

[FR Doc. 93-31871 Filed 12-30-93; 8:45 am]
BILLING CODE 4910-13-M