B. Fingerprinting required by Part (c)(2)(i) is in addition to that required of unregistered aliens pursuant to USC Title 8, 1302(a)

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1 October 5, 2004 Docket Management System U.S. Department of Transportation Room Plaza 401, 400 Seventh Street, SW. Washington, DC RE: Docket No. TSA RIN 1652 AA35 Introduction The Soaring Society of America (SSA) is an organization created in 1932 to foster and promote all phases of the art, sport and science of soaring. We are involved in safety programs and flight training, technological research and development, and representation of soaring concerns to Federal agencies. In this instance, we assert the final rule adopted September 20 has a potentially significant economic impact on flight training in gliders, with no benefit to public safety or national security. SSA therefore recommends (1) exclusion of all or most flight training in gliders from the requirements of 49USC 1552, (c); and (2) amendment of Part 1552, Subpart B as it pertains to personnel who hold US-issued CFI and commercial pilot ratings in gliders only. I. Technical Issues The comments contained in this response assume - A. Consistent with the USC Title 8 definitions of alien at 1101(a)(3) and national of the United States at 1101(a)(22), Candidates do not include lawful resident aliens per USC Title 8. B. Fingerprinting required by Part (c)(2)(i) is in addition to that required of unregistered aliens pursuant to USC Title 8, 1302(a) C. The waiting period in the last sentence of Part (g)(2) applies to training addressed in (c) and refers to the 30 days which, in the absence of TSA approval, may elapse per (a)(4). SSA requests TSA clarification of whether these assumptions are correct. II. Background & Economic Impact By FAA definition, a glider is a heavier-than-air aircraft supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine. Modern gliders of all types have at most 2 seats, maximum gross weights which do not typically exceed 1650 lbs, and best glide (normal cruise) speeds are 42 to 70 mph; range and performance vary with design and are significantly dependent on prevailing meteorological conditions.

2 Flight training in gliders is conducted at over 125 public- and private-owned airports nationwide, by for-profit small businesses and not-for-profit club organizations. Forprofit operations in particular are highly dependent on flight training, as it typically comprises at least 75% of gross revenues: TYPE OF SOARING FLIGHT TRAINING % REVENUE 1. Introductory Lessons Basic Flight Training for Solo Privileges Post Solo training toward US Pilot Certification Special Purpose * * site specific, eg: high altitude, cross country, aerobatics SSA believes the adoption of 49 CFR Part 1552, Sub Part A will cause a 15 to 20% decrease in revenues to small businss soaring operators. Notably: o An Introductory Lesson is typically scheduled a week in advance and is often a person s first flight in a 2-seat general aviation aircraft; flight duration is apt to be 30 minutes or less. o Basic Flight Training for Solo Privileges and the solo flights made pursuant to this training are typically conducted within a 5- to 10-mile radius of the soaring site. o Few visiting foreign pilots seek flight training for US pilot certification, but those who seek Special Purpose glider training most commonly hold US glider ratings issued on the basis of pilot certification by an ICAO member country. These pilots require area familiarization training and flight reviews per 14 CFR These visitors typically devote one or two weeks of their time in the US to soaring pursuits. If applicable to glider flight training, redundant procedures and lack of expedited procedures will result in many/most foreign visitors to soaring sites being denied training and, as a result, any/all US flight privileges. III. SSA Position on 49 CFR Part 1552 SSA believes 49 CFR Part 1552, Sub Parts A and B must be amended because: A. Gliders by their nature are no quantifiable threat to national security In comparison to airplanes 3-wheel landing gear configuration and nominal 35-foot wingspan, training gliders typically balance on a single main wheel, with wingspans varying from 51 to over 80 feet. This makes it difficult or impossible for the pilot alone to maneuver the glider into take-off position. In addition, SSA estimates that fully 90% of US flight training in soaring is conducted in motorless gliders launched by aero-tow, which requires services provided by a tow plane pilot. The resulting level of personal contact between flight operation personnel and pilots is unprecedented in airplanes.

3 Clearly, all gliders limited seating and payload, slow speed range and complete dependence on highly localized weather patterns make these aircraft a poor choice of vehicles for terrorist activities of the type committed September 11. An intentional glider crash represents little if any threat to a nuclear plant or other sensitive target. Highly publicized suicide flights by Charles Bishop (Cessna 172, 2002) and Frank Corder (Cessna 150, 1994) show the minimal property damage caused by aircraft not only heavier and faster than gliders, but also carrying fuel as they crashed into a Tampa bank building and the White House, respectively. Flight training in any glider falls short of preparing the student for piloting any other aircraft type. Based on FAA minimum standards for private pilot certification, for example, even the most experienced soaring pilot is credited with less than half the aeronautical experience required to earn private pilot privileges in the simplest single-engine airplane. B. Foreign pilots who wish to fly gliders in the US under ICAO provisions are already subject to FAA background check procedures In direct response to the September 11 attacks and in parallel with the DOJ program, FAA Order , Chapter 29 was amended in July 2003 (1) to provide greater FAA scrutiny of any foreign pilot who (1) is certificated in an ICAO member country and (2) seeks to obtain a US pilot certificate under 14 CFR Part The process is the same as that which, per Part (b)(2)(i), provides for expedited processing of candidates who pose a minimal security risk. FAA procedures require that the applicant submit personal information to the FAA Airmen Certification Branch at least 90 days before that pilot appear in person at a Flight Standards District Office to receive the US pilot certificate needed in order to fly in the US. C. Gliders imported to the US already require pilot/owners to submit to TSA background check procedures Also in direct response to the September 11 attacks and in parallel with the DOJ security check program, Temporary Flight Restriction!FDC 2/ 5167 was issued in June 2002, prohibiting certain operations of foreign registered aircraft entering, departing or operating within US airspace. Waiver of these restrictions requires a TSA background check of the pilot if the aircraft is not registered in the US, Canada or Mexico. SSA has helped a number of foreign nationals apply for TSA waivers and we have been pleased with TSA responsiveness to soaring needs and the quick handling of waiver requests. We believe, however, that in the case of gliders imported by a candidate, 49 USC (c) is an unnecessary redundancy to the existing waiver process (1) Summarized online at and

4 D. As pertinent to flight training providers under (c), implementation of any new rules must be delayed at least until March 30, 2005 As of October 5, 2004, advises that TSA s online training program will be available no later than October 31 and directs questions in the interim to a help desk at (703) The first call to the help desk was no help to SSA s caller, a CFI-G attempting to learn more about requirements effective 2 weeks hence. A voice mail function gave the opportunity to leave a message, which our caller did. The call then ended with the non-sensical advisory, Sorry goodbye is not available, followed by a dial tone. A subsequent call to the help desk was answered by a friendly TSA rep who said, I m sorry, we ve been swamped today with phone calls. The TSA contact was as helpful as she could be, but the best she could so was refer our caller to a webpage which had no information pertinent to flight training per 49 USC (c). SSA believes TSA has mis-judged the scale of the program it seeks to implement. Given this and the hit-or-miss notifications sent by FAA to some Certificated Flight Instructors, we believe implementation, as it pertains to (c) flight training providers, must be delayed until at least until March 30, We also urge TSA to consult groups such as SSA, AOPA, EAA and NAFI for insight into how the new rules can best be presented to the general aviation community. E. Recurrent Security Awareness Training requirements must be reconsidered for glider training providers under (c) Given the extremely low risk gliders pose to national security and the already high level of personal contact inherent in glider operations, SSA believes biennial recurrent Security Awareness training is sufficient for instructors whose teaching privileges are limited to gliders. We recommend this training be required biennially, no later than later of (1) two years after receiving initial Security Awareness Training; or (2) the date established for renewal of a CFI certificate. SSA also believes the site-specific topics listed in (d)(2) are obviously issues which will inspire timely discussion long before any regulatorily-imposed training date. Finally, we note that it is unlikely at best that a third-party Security Training provider well-versed in soaring site issues would be an option to provide recurrent training as required by (d)(2). Again, we urge TSA to consult groups such as SSA, AOPA, EAA and NAFI for insight into how such training can best be presented to the general aviation community. F. TSA s complete reliance on internet submission of all documentation needs to be re-considered in view of soaring sites and other training locations which do not necessarily have this capability. This position speaks for itself. The new rules contain no provisions for compliance without on-site internet access.

5 IV. SSA Recommendations SSA disagrees with the broad assertion at 69 FR that candidates who receive flight training in any aircraft may be familiar enough with aircraft operations to operate an aircraft with an MTOW greater than 12,500 pounds. Considering flight training in gliders, this is analogous to the assertion that because both have wheels, anyone who can ride a bicycle can drive an 18-wheel tractor/trailer. SSA finds 49 USC 1552 excessively restrictive and complex with respect to flight training in general aviation aircraft including gliders. Therefore, we reserve the right to submit further comments and submit as our preliminary recommendations - Procedural changes: 1. Provide both online and other means to submit forms & information Amendments to 49 USC 1552 Sub Part A: (c), add an effective date of March 30, (b), exclude from the definition of candidate: o temporary and permanent resident aliens who seek to receive any type of flight training in gliders o visiting foreign nationals who seek to receive Introductory Lessons and basic flight training in gliders, through and including provisions for solo flight o foreign nationals who, in compliance with TSA procedures applicable to flying foreign-registered aircraft in the US, have already been vetted by TSA (c), provide for expedited processing during the 90 days allotted for FAA procedures associated with 14 CFR Amendments to 49 USC 1552 Sub Part B: (b), replace January 18, 2005 with March 30, (d)(1), provide for biennial recurrent Security Awareness Training for a CFI authorized to instruct only in gliders (d)(2), provide an alternative for recurrent training to consist of re-taking the TSA-developed initial training online