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Miscell/milehigh
Regulation of Mile High Club Operations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
(Docket No. 75487345, Notice No. 88-523040306)
REGULATION OF MILE HIGH CLUB OPERATIONS
ACTION: Notice of Proposed Rulemaking (NPRM)
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 fatique 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 ammend
Part 61 of the Federal Aviation Regulations as follows:
PART 61 - [AMMENDED]
1. The authority citation for Part 61 continues to read as
follows:
Authority: Secs.
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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 ammended 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 gade 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) 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 explanato-
ry.
(n) Weather Recognition. Applicant will readly 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.
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