UPDATE ON BALLOON MEDICAL REGULATIONS
Below is some insight on the upcoming medical regulations for balloons and timeline for implementation.
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From |
FAA |
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To |
NTSB |
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Date |
05/06/2021 |
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Type |
Official Correspondence |
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Response |
-From Steve Dickson, Administrator: The Federal Aviation Administration (FAA) continues to agree with the Board that balloon pilots exercising their commercial privileges while transporting passengers should be required to obtain a second class medical certificate when transporting passengers for compensation or hire. We also acknowledge language written in the FAA Reauthorization Act of 2018, published on October 5, 2018, which includes the Commercial Balloon Pilot Safety Act of 2018 mandate. This mandate requires that Title 14 Code of Federal Regulations § 61.3(c), Medical Certificate, be revised to apply to an operator of an air balloon to the same extent such regulations apply to a pilot or flight crewmember of other aircraft. The FAA is actively engaged in rulemaking to satisfy the language in the FAA Reauthorization Act of 2018. In our letter dated March 30, 2020, we Stated that the Medical Certification Standards for Commercial Balloon Operations Notice of Proposed Rulemaking (NPRM) would be published by June 2020. Due to other rulemaking priorities and associated resource constraints, we now expect to publish the NPRM in Calendar Year 2021. I will keep the Board informed of the FAA’s progress on this recommendation and anticipate providing an update by May 31, 2022. |
We will keep an eye out for the NPRM expected soon!
BALLOON MEDICALS UPDATE
Earlier this summer we provided a balloon medical regulation update from FAA Administrator Dickson stating that the rule would be released by the end of the year. We now know that it is targeted to be released in November. We’ve been asked by many what we think it will say. We know it will at the very least require medical certificates for commercial pilots. This was mandated by the FAA Reauthorization Act of 2018 passed by Congress and signed by former President Trump. It stated that the FAA “shall revise section 61.3(c) of title 14, Code of Federal Regulations (relating to second-class medical certificates), to apply to an operator of an air balloon to the same extent such regulations apply to a pilot flight crewmember of other aircraft.” As you know, Congress makes the laws, so we would expect the rule to satisfy this congressional mandate.
I’ve had a number of people reach out about the upcoming balloon medicals regulation. A couple of items:
- It should come out as a Notice of Proposed Rulemaking (NPRM) which allows for public comment. However, because the change was a Congressional mandate the FAA could choose to issue a final rule without publishing a proposed rule. I don’t believe they will do this, but you never know. In all likelihood the public will have 30 – 60 days to leave comments.
- Congress has mandated that the FAA “shall revise 61.3(c) of title 14, Code of Federal Regulations (relating to second-class medical certificates), to apply to an operator of an air balloon to the same extent such regulations apply to a pilot flight crewmember of other aircraft.”
- Second-Class medicals apply to commercial pilot privileges – carrying persons or property for compensation or hire and for compensation or hire acting as PIC of the aircraft. This will now in all likelihood require a second-class medical for a balloon.
- The interesting part is 61.133 (commercial pilot privileges and limitations) gives commercial balloon pilots the ability to act as a flight instructor, whereas 61.193 gives the CFI privileges to all other aircraft. We have been assured that this new rule will not put balloon instructors in an unfair disadvantage requiring a 2nd class medical. If it does, we’ll be working to change it!
- For what it’s worth, I do not believe the medical requirements will extend beyond the Congressional mandate into third class and basic med for private balloon pilots, however with recent accidents it always could.
The NPRM is expected to be released very soon!
The NPRM is released!
https://www.faa.gov/sites/faa.gov/files/2021-11/2120-AL51_Issuance_NPRM_Balloon_Medical.pdf