ChangeTheFAR.org

Summary of the quest to change 14 CFR 91.119 for balloonist

• Safety is enhanced by removing balloons from the altitude restrictions of FAR 91.119(a) and (b).

              a. Safety to persons and property on the ground

              b. Safety to aircraft occupants

              c. Safety to other aircraft occupants.

• 82% of balloon accidents happen in the approach and landing phase, well below 1,000 feet.

• The BFA Minimum Safe Altitude Study, and the AAAA waiver data, prove indisputably that the subtle and varied shifts in boundary layer winds provide maneuvering options unavailable at higher altitudes.

  a. These studies were undertaken at the direction and with the full participation of the FAA from the top levels down to the local FSDOs

• It is necessary to exempt balloons from the altitude restrictions of FAR 91.119 to improve the safety record of balloons.

  a.       Balloon pilots need to be lower to gauge the winds better to avoid/reduce
  landing accidents and incidents.

• No one is asking for any exemption of the provisions of 91.119(c), regarding careless and reckless operation.

  a. The safety and interest of persons and property on the ground must continue to be ensured.

•  Norman Mineta, Secretary of Transportation: “Our top priorities at DOT are to keep the traveling public safe and secure, increase their mobility, … [and] to have our transportation system contribute to the nation’s economic growth.”

  a.       In 2003, Balloon Fiesta had an economic impact upwards of $97 million on the Albuquerque area.

  b.      Balloon operators operating at events and individually across the country contribute to the local and regional economy.

  c.       Balloon events frequently serve as the means to raise money for charities, so deeply hurt by federal, state, and local budget cuts.

• Lower level winds change the most frequently, and balloon pilots must monitor these changes in order to perform the safest possible landing.

• The FAA has three times denied our petition to enhance the safety of balloon flight.

  a.      1991

  b.      1997

  c.      1999

   

• No data is available from any weather reporting or forecasting service to predict or plan for winds below 1,000 feet.

• a. To prohibit the use of winds below 1,000 feet for the most important/dangerous/hazardous… part of the flight is to prohibit the use of the most effective control measure to pilots at the time they most require it

• The FAA has suspended, not denied, our request for rulemaking.

  a.       “This memo is to inform you that your charter “NPRM Balloon Altitude Project” is hereby suspended for this fiscal year (FY) due to resource reductions. If priorities allow, this project may be re-chartered in FY-2006.”

  b.      With this language, we have no docket, and no official rulemaking preceding.

   

• In 1997, the House of Representatives, acknowledging the questionable feasibility of requiring balloons to operate under a regulation developed for fixed wing aircraft, and noting the exemption of helicopters from the rule, required the FAA to examine this safety concern for balloonists and report back to the House and Senate Committees on Appropriations re exempting balloons from the provision.

  a.       No report back has been found.