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Ralph Francis 12887 (Docket No. 8269; Amdts. 43-8, 91-60) AIR TRAVEL CLUBS The purpose of these amendments is to provide certification and operation standards for air travel clubs using large airplanes in the conduct of their operations. These amendments are based on a notice of porposed rule making published in the Federal Register on July 13, 1967 (Notice 67-27, 32 F.R. 10311). Interested persons have been afforded an opportunity to participate in the rule making through submission of written comments. Due consideration has been given to all relevant matter presented. In Notice 67-27, the FAA proposed to enlarge the applicability of Part 121 to apply the commercial operator certification and safety standards of that part to air travel clubs. As stated therein ***when a passenger has, in any manner, paid for his carriage aboard a large aircraft the FAA believes that the applicable safety standards should not depend on a distinction as to whether that passenger is carried for 'compensation or hire' or is 'sharing expenses' with other passengers. The average passenger certainly is not aware that the method by which he pays for his carriage determines the level of sasfety that the operator of the aircraft is required to maintain. Except for the method of payment, the typical travel club operation is in all preactical respects no different from a charter flight conducted by a commercial operator, and the FAA believes that the level of safety required by Part 121 should be maintained. Upon considering the comments submitted by the air travel clubs and other interested persons, the FAA has determined that the form of the proposed rules should be changed by establishing a new Part 123 to govern the certification and operations of these clubs. This is being done in order to provide some variation from the commercial from the commercial operator rules to accomodate certain unique characteristics of air travel clubs. For example, the travel clubs derive their income from dues, travel fares, and assessments on their membership. Consequently, the requirements for retention of contracts and submission of detailed financial statements have been omitted. Air travel club operations are also more sporadic and not subject to tight schedules. Therefore, detailed flight time limitations are not necessary and relieving [[underline]] crewmembers from all duty for 8 hours out of each 24 consecutive hours will suffice. [[/underline]] There are also differences with respect to maintenance. Most air travel clubs operate their aircraft for a relatively small number of hours when compared to commercial operators of large aircraft. These limited operations do not require a full time maintenance department and such an organization would be economically unfeasible for most air travel clubs. [[underline]] Therefore, the clubs will be permitted to continue using the same basic maintenance system that is required for general aviation aircraft. [[/underline]] However, certain controls are being added to improve the reliability of this system. The major aspect of these controls is the establishment of [[underline]] a continuous inspection program similar to that required of Part 121 operators. [[/underline]] As a part of its manual, the air travel club must provide instructions, procedures, and schedules for detailed and continuous inspection of its aircraft. [[marginalia]] Manual [[/marginalia]] The manual will also provide a system of records for defects discovered during these inspections. This inspection program is being required in place of the -hour, annual, or progressive inspections provided for under Part 91 and will have to meet with FAA approval, to be granted through operations specifications issued to each certificate holder. In conjunction with this new inspection requirement, the certificate holder is being charged with the ultimate responsibility for having theese inspections performed in accordance with its manual. The inspections will be performed by certificated mechanics or repair stations at the direction of the certificate holder. All other maintenance will be performed in accordance with Parts 43 and 91 as has been done in the past. The effective date of the new rules and the provisions of ยง 123.3 are designed to permit continued operations by air travel clubs that are organized and in operation on the date of adoption. [[underline]] Existing travel clubs may continue to operate without a certificate after the [[/underline]] FEDERAL REGISTER, VOL. 33, NO. 178 --Thursday, September 12, 1968
