Mile High Club NPRM

Article 7443 of rec.aviation.misc:
Newsgroups: rec.aviation.misc
From: jer@fc.hp.com (Jer/ Eberhard)
Subject: Re: (I wish I had) heard on the air.
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Date: Wed, 13 Oct 1993 15:33:56 GMT
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Organization: Hewlett-Packard, SWT, Fort Collins, Colorado
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Snatched from the net and reposted due to the current discussion. :-)

Jer/ (Slash) Eberhard, jer@fc.hp.com, Jer_Eberhard@fc.hp.com
Hewlett-Packard SWT, 3404 East Harmony Road MS-298, Ft Collins, CO  80525-9599
Phone 303 229-2861, FAX 303 229-3598, 6UR6, Incoming 40 44.1N x 105 33.0W
N0FZD, Civil Air Patrol, PikesPeak 218, MSN CheckPilot, CFII Airplane & Glider

SUMMARY: This notice proposes to require additional qualifica-
tions and testing before a certificated pilot may engage or 
continue to engage in Mile High Club Operations (MHCO) while also 
exercising the privileges of a pilot certificate.

DATES: Comments should be received before December 31, 1999.

ADDRESSES: Comments may be mailed or delivered in sextuplicate 
to: Federal Aviation Administration, Office of Chief Counsel, 
Attention: Rules Docket (AGC-204), Docket No. 75487345, 800 
Independence Avenue SW, Washington DC 20591. Comments may be 
examined in the Rules Docket weekdays, except Federal holidays, 
between 8:00 a.m. and 5:00 p.m.

SUPPLEMENTARY INFORMATION:

Need for Rulemaking

   Under the provisions of the East Chitlin Switch, Kansas, Wheat 
Silo Subsidy Act (P.L. 100-872398-A), Congress has mandated the 
FAA to regulate the activities of the formerly unregulated Mile 
High Club (MHC).  Under present rules, anything accomplished at 
an altitude of one statute mile (5,280 feet) above ground level 
(AGL), regardless of the degree of difficulty or the level of 
expertise demanded, earns a certificated pilot a scroll illus-
trated by Milton Caniff and a three-color bumper sticker.  
Through a procedure of self-regulation, the organization has set 
forth requirements that activities take place at an altitude of 
at least 5,280 feet above ground level to prevent Denver pilots 
from messing around on the ramp. Although the organization has 
adopted rigid admission requirements for its pilot members, a 
recent National Transportation Safety Board (NTSB) report dis-
closed an accident in a light training aircraft (LTA) caused by 
pilot error in the form of disorientation of a student pilot (sex 
unknown) after the Certified Flight Instructor (CFI) (sex un-
known) attempted to introduce the student to a maneuver not 
included in the MHC syllabus.  Similarly, the crash of a corpo-
rate-owned Learjet in western Pennsylvania was thought to have 
been caused by the absence of the crew from the cockpit at the 
time the aircraft arrived in Pittsburgh. Further, evidence sug-
gests that some hitherto unexplained accidents may have been due 
to pilot fatigue following Mile High Club Operations (MHCO) 
activities. These accidents have amply demonstrated that there is 
a compelling need for regulation of MHCO activities for the 
protection of the public and property under the flight paths of 
such aircraft.

The FAA is proposing to expand the scope of Part 61 of the FARs 
by the addition of paragraphs 61.300 through 61.305 to prohibit 
the propositioning of any occupant of a certificated aircraft by 
any licensed and current pilot who has not first demonstrated the 
ability to execute the duties of pilot-in-command and/or co-pilot 
to the satisfaction of an Operations Inspector or a designated 
Pilot Examiner. It is further proposed to establish minimum 
experience, age, and skill levels for the issuance of MCHO rat-
ings to pilots' certificates. To ensure that a satisfactory level 
of proficiency is maintained by certificated pilots possessing 
MHCO ratings, it is proposed that biennial proficiency reviews be 
mandated.

Environmental Impact Statement

   The adoption of these regulations is not anticipated to have a 
significant impact upon the environment including an impact upon 
population pressures.

Economic Impact Statement

   The proposed rules would not materially impact the economics 
of MHCO activities, including those conducted for hire under Part 135.

Definitions

For the purposes of this NPRM, the following Definitions are 
established:

PILOT: An applicant for or possessor of a MCHO rating regardless 
of sex, creed, color, political affiliation, proclivities, or 
physical dimensions.

CO-PILOT: Any person regardless of sex, creed, color, political 
affiliation, proclivities, or physical dimensions assisting a 
certificated, MHCO-rated pilot in carrying out MHCO activities.

PASSENGER: Any reliable witness to an MHCO flight test who does 
not actively participate.

FLIGHT ENGINEER: Anyone other than a co-pilot who assists the 
pilot in establishing the proper conditions for accomplishing the 
minimum requirements of MHCO activities.

AIRCRAFT: Any vehicle aloft suitable for MHCO activities. Does 
not include automobiles or parachutists falling from high places.

GLIDER: Anyone performing an MHCO activity entirely in mid-air 
such as during the free-fall period of a parachute jump.

HANG GLIDER: Glider with above-average equipment.

SOLO FLIGHT: A practice session where the pilot is the sole 
manipulator of the controls.

DUAL FLIGHT: An MHCO activity during which the pilot uses both hands.

AUTOPILOT AUTHORIZATION: An authorization from the FAA permitting 
someone else to do it for a shy pilot.

The Proposed Rule

   For reasons set forth above, the FAA is proposing to amend 
Part 61 of the Federal Aviation Regulations as follows:

PART 61 - [AMENDED]

     1. The authority citation for Part 61 continues to read as 
     follows:

     Authority: Secs. 313(a), 314, 601, 602, Federal Aviation Act 
     of 1958, 49 U.S.C. 1354(a), 1355, 1421, 1422; sec. 6(c), 
     Department of Transportation Act, 49 U.S.S. 1655(2), unless 
     otherwise noted.

     2. Section 61 would be amended by adding the following:

61.300 An applicant for a Mile High Club Operations (MHCO) rating 
     on a pilot certificate must meet the following minimum 
     qualifications:

     (a) The applicant must have reached his/her fifteenth birth-
     day or possess a deep voice.

     (b) The applicant must present a high school diploma or 
     equivalent indicating a grade of Failing or better, or a 
     notarized statement proving the applicant has compromised at 
     least one substitute teacher.

61.301 An applicant for an MHCO rating must pass a written exami-
     nation on the following applicable aviation subjects:

     (a) Care, operation, a periodic maintenance of articulating 
     seats in certificated U.S. civil aircraft.

     (b) Basic anatomy and other considerations in selecting a 
     co-pilot.

     (c) Dangers associated with the destruction of aircraft 
     panel instruments by bare feet.

     61.302 An applicant for an MHCO rating will be tested on the 
     following maneuvers:

     (a) Takeoffs. Applicant will prepare the co-pilot for MHCO 
     activities.

     (b) Stalls. Applicant will demonstrate any acceptable and 
     workable method of delay maneuvering to avoid premature 
     results.

     (c) Approaches. Applicant will demonstrate at least six (6) 
     precision or three (3) non-precision approaches to a co-
     pilot who does not suspect the purpose of the flight.

     (d) Soft Field Landings. Applicant will show proficiency in 
     selecting procedures to be utilized under soft conditions.

     (e) Short Field Landings. Applicant will show proficiency in 
     utilizing the proper procedures under short conditions.

     (f) Forced Landings. Applicant will will accomplish the 
     minimum MHCO activities despite co-pilot's objections.

     (g) On-pylon Eights. Applicant will select two prominent 
     landmarks and maneuver between them. If the co-pilot is not 
     endowed with sufficiently prominent landmarks, the activity 
     may be performed in a flight simulator approved by the 
     Administrator.

     (h) In-flight Emergencies. Applicant will conduct a suitable 
     approach with the zipper jammed in the "up" position and 
     will demonstrate the smooth emergency extension of gear 
     before contact.

     (i) Holding Patterns. The Applicant will show proficiency in 
     covering all points of interest with only two hands.

     (j) Radio Navigation. Applicant will insert the radial into 
     the omnibearing selector and achieve station passage before 
     the "off" flag appears.

     (k) Back Course Approach. Not an approved procedure.

     (l) Diverting to an Alternate. Applicant will make an ap-
     proach to a passenger when it becomes obvious that the 
     original destination has gone below minimums because of a 
     cold front.

     (m) Maneuvering with an Inoperative Engine. Self explanatory.  

     (n) Weather Recognition. Applicant will readily identify cold 
     fronts and warm fronts with the cockpit lights inoperative.

     (o)Lost Communications Procedures. Applicant will show 
     proficiency in blocking the co-pilot's voice channel using a 
     broad-band antenna with great frequency.

61.303 Proficiency Review.

     (a) No person may conduct MHCO activities unless, within the 
     preceding 24 months, that person has --

  (1) Accomplished a proficiency review given to him, in 
  an aircraft for which the person is rated, by an appro-
  priately certificated flight instructor or other person 
  designated by the Administrator who possesses a valid 
  MHCO Inspection Authorization.

  (2) Had his/her log book endorsed by the person con-
  ducting the review certifying that the person has 
  satisfactorily accomplished all the required activities 
  of the review.

  (3) However, a person who has, within the preceding 24 
  months, satisfactorily completed an MHCO proficiency 
  check conducted by the FAA or otherwise been satisfac-
  torily screwed by the FAA need not accomplish the 
  flight review required by this section.

61.304 General Experience. No person may engage in MHCO activi-
     ties as pilot-in-command of an aircraft carrying passengers, 
     nor of an aircraft certificated for more than one required 
     pilot flight crewmember unless within the preceding 90 days 
     that person has satisfactorily carried out MHCO activities 
     and has made suitable log book entries attesting the fact.  
     This requirement does not apply to persons holding an air-
     line transport pilot certificate or to activities conducted 
     while operating under part 135 of this chapter.

61.305 Instrument Experience. No person may engage in MHCO activ-
     ities unless, during the preceding 6 months, that person has 
     conducted MHCO operations in the immediate vicinity of cold 
     fronts and successfully logged at least 6 hours under actual 
     or simulated IFR conditions which involved at least six 
     approaches.