Question of the Month: What Do the FAA Reauthorization Bill and MOSAIC Have to Do with Flying Clubs?

Many of you will know that the FAA Reauthorization Act 2024 was passed by Congress and signed by President Biden in May of this year.  According to the House Committee on Transportation and Infrastructure:  “The bipartisan and bicameral Federal Aviation Administration (FAA) Reauthorization Act of 2024 will reauthorize the FAA for five years while creating a safer, cleaner, greener, and more accessible U.S. aviation system”.

Further, from The White House:  “On Thursday, May 16^th, 2024, the President signed into law H.R. 3935, the ‘FAA Reauthorization Act of 2024,’ which reauthorizes the Federal Aviation Administration and related revenue authorities through September 30, 2028; and reauthorizes the National Transportation Safety Board through September 30, 2028.  Thank you, Representatives Graves and Larsen, Senators Cantwell and Cruz, and many others for their leadership”. 

To start with, I echo the last sentence—the act is not only spectacular in its breadth and depth but also that was achieved at all in these strange days of the 118^th United States Congress.  A job well done by all.  By the way, remember the date of signing, May 16^th 2024, as many of the act’s deliverables are keyed off that date.

Now, even though you have heard of its passing into law and that is contains some meaty material, you’ll be forgiven for not reading the text of the whole Act as it stretches to some 1068 pages.  Luckily, some smart people at AOPA, EAA and other aviation groups have buried their noses into the great tome and have produced useful summaries of the act.  Nevertheless, as the Act pertains to the government authority that governs what we do and how we do it, I would urge all aviators to at least “flip-through” these summaries and then dive deeper into specific areas of interest.

Unfortunately for us there is not a section in the Act called “Flying Clubs” that contains all that we clubbers need to know.  There is, however a “Title” in the Act that focuses on General Aviation (GA), and we have to thank pilot Representative Sam Graves for the fact that this title exists, as well as its insightful content and wisdom.  Just a quick digression – I first met Sam Graves in 2015 when I helped organize and run the Nebraska State Fly-In and Airshow, held at Hebron Municipal Airport (KHJH), Nebraska.  The air show was a really big deal for our town of 1,500 people and for the future of the airport.  Many local aviators rallied around to make the event a resounding success, and amongst them was Representative Sam Graves, who flew a P40 to the event and was a major part of the warbird flying display.   Sam was amazingly gracious with his support of a small, rural aviation event—an event that made the day for around 4,000 people.  You don’t forget things like that…and I haven’t.  If you read Club Connector Sam, thank you again for not only doing what you do, but for the way that you do it.

I’m now getting closer to decoding the Act in terms of benefits to flying clubs, but let me first provide some background references:

Probably the best way to understand the impact of the Act on flying clubs is to piggyback on an excellent summary produced by AOPA about the impact on GA as a whole—and flying clubs are most definitely part of GA.  I’ll also gratefully and unashamedly steal from the Section-by-Section summary, but I’ll add a flying clubs interpretation on each of the topics.  Just to be clear, not all of the topics impacting GA are contained in the GA Title VIII, and not all topics in Title VIII are particularly interesting to flying clubs.  If you wish to dig deeper, I suggest you search the full text of the Act using the “Sec.”  number…for example, Sec. 828 (to do with the expansion of BasicMed).

Relevant Titles and Sections in the Act:

Here I’ll list the titles and sections that have real meaning and application for General Aviation (and hence flying clubs and their members) even though they are outside of Title V111:  General Aviation.

I hope you’ll follow along as I give some GA flavor to this Act and that you will, by the end of this article, agree that we seem to be heading back to an aviation system based on safety and common-sense, rather than unaccountable bureaucracy.   This is a truly magnificent bill!

Title I – Authorizations:

• Sec. 101. Airport Planning and Development and Noise Compatibility Planning and Programs. This section authorizes $4 billion from the Airport and Airway Trust Fund (AATF) for the Federal Aviation Administration’s (FAA’s) Airport Improvement Program (AIP) account for each of fiscal years (FYs) 2025 through 2028.
• Allegedly GA airport will receive the large share of this increase – some $1B.

Title II – FAA Oversight and Organizational Reform:   Getting stuff done in a timely matter, including completing NextGen by end of 2025.  Basically, get on with it.

Title III – Aviation Safety Improvements:  Specifically…

• Sec. 308. Scalability of safety management systems. This section directs the FAA, in conducting a rulemaking to require, or implementing a regulation requiring, a safety management system, to consider the scalability of such safety management system requirements to the full range of entities in terms of size or complexity.
• My sincere hope is that this helps GA operators, including flying clubs, understand the value and importance of safety management systems (SMS) and that they are applicable to the whole gamut of aviation activities and operations. I would personally love to see more money assigned to the National FAASTeam, in order to develop and integrate the WINGS program into a scalable SMS across many levels.
• Sec. 315. Review of FAA use of aviation safety data. This section requires that the FAA enter into an agreement with a qualified third-party organization or consortium to review aviation safety data the FAA has, how the data is stored and used, and whether the data is complete and useful for the purposes of identifying safety trends and addressing identified risks. This section requires the FAA to develop an implementation plan within 6 months of receiving the report and findings from the qualified third-party organization and begin implementing recommendations, if appropriate.
• Again, this gets to the nub of the FAASTeam program—producing content to tackle the causal factors of general aviation “accidents”. The sad thing is that those factors have been the same for decades. We must use modern techniques to intelligently mine data to highlight certification and training inadequacies in type and extent. I hope this will lead to closer data sharing and collaboration with bodies such as AOPA’s Air Safety Institute.
• Sec. 316. Weather reporting systems study. This section requires the Government Accountability Office (GAO) to examine how to improve the procurement, functionality, and sustainability of weather reporting systems to improve the resiliency of weather reporting systems.
• Speaks for itself, and good stuff.
• Sec. 317. GAO study on expansion of the FAA weather camera program. This section directs GAO to conduct a study on the feasibility and potential safety benefits of expanding the Weather Camera Program of the FAA to locations in the United States that lack weather camera services.
• For members of clubs in mountainous areas or those of us who fly across mountains, the weather camera program and related remote weather stations are absolutely priceless. If you have not discovered them yet, spend some time here:https://weathercams.faa.gov/map.Hurrah for expanding the program!
• Sec. 318. Audit on aviation safety in era of wireless connectivity. This section requires the FAA to enter into an agreement with the National Academies to study potential conflicts between uses of radio spectrum by aviators and wireless telecommunications network.
• In a nutshell, protect aviation radio signals (including the GNSS spectrum) from encroachment and interference from cellular and other providers who rank profit over safety. This has been going on for years and costs millions of dollars in legal battles. To be blunt, the FCC should be doing this.
• Sec. 330. Task Force on Human Factors in Aviation Safety. This section directs the FAA to convene a task force on human factors in aviation safety. The task force is expected to produce a written report identifying the most significant human factors and the relative contribution of such factors to aviation safety risk, providing recommendations on potential revisions to aviation regulations, and reviewing pilot training requirements to ensure adequate understanding of automated systems, among other things.
• If you’ve been following the FAA’s recent campaign on Human Factors education and my seminars/webinars on “Accidents are Not Accidental At All”, Why Good Pilots Make Bad Decisions”, “Expand Your Human Horizons”, and “Human Factors, The Final Frontier”, etc., you’ll be pleased to see this mandate. We, the humans in human factors (pilots, controllers, mechanics…) still account for some 80% of all GA accidents. Contact me if you would like to know more about this.
• Sec. 337. Flight service stations. This section repeals a provision of law no longer utilized (49 U.S.C. §44514) relating to flight service stations.
• This looked interesting and relevant, so I search for 49 U.S.C. §44514, and indeed it shows up as having been repealed on May 16^th 2024.What needed repealing, you might ask?
• After a bit of a search, I found “a) HOURS OF OPERATION— (1) The Secretary of Transportation may close, or reduce the hours of operation of, a flight service station in an area only if the service provided in the area after the closing or during the hours the station is not in operation is provided by an automated flight service station with at least model 1 equipment”.
• So, presumably as much of the country is already covered by the Leidos automated flight service station, then this law is no longer needed. Further, I think this is good news for pilots in Alaska, where there are manual FSS, so this change prevents them from being closed, unless an automated system also covers that particular service area.
• Sec. 342. Don Young Alaska Aviation Safety Initiative. This section…sets forth objectives for FAA to work cooperatively with aviation stakeholders towards the goal of reducing the rate of fatal aircraft accidents by 90 percent from 2019-2033 and eliminating fatal accidents of commercial aircraft by 2033 in Alaska, Hawaii, and the territories of the United States.
• Gosh…reduce by 90%.This should result in some serious innovation and system improvements from which we all should benefit.
• There is a lot more to this section about weather reporting and other initiatives, so I suggest you study it if you live or travel to one of these areas mentioned. More on page 12 of Section-by-Section and page 176 of the Full Act.
• Sec. 357. Educational and professional development. This section builds on requirements that the FAA exercise global leadership in promoting civil aeronautics and aviation safety set forth in section 40104 of title 49, U.S.C., by requiring the FAA to promote and support the education and professional development of persons in the aviation sector, schools, or other organizations.
• Due to my background (engineering systems, academia and flight instruction) I’m a firm believer in professional development (code for keeping up with the times).
• I’ll probably receive some emails about this statement, but I firmly believe that we can make big improvements to GA safety by treating the flight review as professional development, rather than a chore .As I repeatedly chant, “Gift #1 from the FAA is the Flight Review, Gift #2 is the WINGS program to comply with Gift #1”.

Title IV – Aerospace Workforce:  Specifically…

• In general, the FAA and DOT have been told to put plans in place to ensure a healthy and vibrant aviation industry in the future, without being held hostage due to the lack of a skilled workers.
• Sec. 406. Airman Certification Standards. This section requires the FAA to utilize the Airman Certification System Working Group established under the Aviation Rulemaking Advisory Committee and obtain industry feedback in reviewing Airman Certification Standards to ensure that airman proficiency and knowledge correlates and corresponds to regulations, procedures, equipment, aviation infrastructure, and safety trends.
• Good. Perhaps future airman will actually have to understand the aerodynamics of stall and spin recovery beyond pressing a blue button.
• Sec. 407. Airman’s medical bill of rights. This section directs the FAA to develop an “Airman’s Medical Bill of Rights” that details the rights of an individual before, during, and after a medical examination conducted by an Aviation Medical Examiner (AME). This section directs the FAA to develop a second document to explain the standard procedures performed during a medical examination conducted by an AME and to make these documents readily available.
• Good stuff, as transparency usually is.
• Let’s hope that this also addresses the number and availability of AMEs, nationwide.
• Sec. 411. Aeromedical innovation and modernization working group. This section establishes a working group to review the FAA’s medical processes, policies, and procedures and to make recommendations to the Administrator to ensure the timely and efficient certification of airmen.
• Anything to do with medical certification is important to pilots, especially older pilots.
• This also includes accessing special issuance, medical conditions under which an AME may issues a medical certificate, mental health…and more.
• Sec. 413. Medical portal modernization task group. This section requires the Aeromedical Innovation and Modernization Working Group in section 411 to establish a medical portal modernization task group to evaluate the user interface and information sharing capabilities of an online medical portal administered by the FAA.
• Another “about time” improvement.
• Lots of sections around ATC staff recruitment, retention, training, along with many other common-sense mandates, such as…
• Sec. 441. National Strategic Plan for Aviation Workforce Development. This section requires the Secretary to establish a national strategic plan to improve the recruitment, hiring, and retention of the civil aviation workforce.
• What else can be said but…Duh.

Title VI – Modernizing the National Airspace System:

There is so much of relevance in this section that it really does warrant a full read.  See the Full Act, starting at page 511.  Here are personal favorites:

• Sec. 604. Airspace access. This section directs the FAA, in coordination with the DOD, to conduct a comprehensive review of the national airspace system, including special use airspace, within three years of the bill’s enactment. The review must also identify methods to streamline and expedite access to certain 38 categories of airspace for users who may not regularly have such access. In addition, the FAA must brief Congress on the findings of the review and a proposed action plan to improve airspace access. Furthermore, the FAA must coordinate with the DOD to implement this plan and provide periodic updates to Congress.
• Essentially…does there need to be so much special use airspace that is not easily and simply accessible to qualified users? This could have a huge impact in areas of the country covered with MOAs, MTRs, Restricted Areas, and on.
• Sec. 605. FAA contract tower workforce audit. This section directs the DOT Inspector General to conduct an audit of the workforce needs for the FAA Contract Tower Program. The audit will review contract tower staffing levels and examine efforts to establish an air traffic controller training program or curriculum for initial technical and on-the-job training for these controllers, among other considerations.
• I include this one for safety and selfish reasons. I live and fly close to Redmond Airport (KRDM), which is an extremely busy Class-D airport. Five large national carriers operate B737s and A320s out of the field with around 30 flights per day, in addition to GA use and very busy flight schools. Okay – great—this shows the utility and economic benefit of such airports BUT the tower (contract tower) is so short staffed that it is operating on restricted opening times, with some all day (yes…ALL DAY) closures on certain weekend days. Oh…and the tower doesn’t have a radar feed. If there is an airport that is in desperate need for airspace and workforce modernization it is Redmond, OR. The sad thing is that this situation exists due to lack of prior airspace planning (that’s why it needs to be “modernized”) and budget shortfalls. I hate to say this, but we are probably just one tragic midair collision away from a national outcry and an immediate solution, regardless of budget. In the meantime, for goodness’ sake, allow the tower staff to use ADS-B IN and iPads so that they can at least see what we see in the cockpit. Those of us in the area will gladly pony up funds to make this happen, but “red tape” is in the way. While people are arguing about whether such a solution is “approved” the likelihood of disaster keeps growing. Good grief…but see Sec. 620 below…
• Sec. 611. Federal contract tower wage determinations and positions.
• This will help – actually pay skilled professionals on par with other skilled professionals.
• Sec. 619. NextGen programs. This section requires the FAA to expedite the implementation of NextGen programs and capabilities.
• In other words, get on with it!
• Sec. 620. Contract tower program…In addition, the FAA must allow air traffic controllers at contract towers to procure, install and use approved advanced equipment and technologies, standard terminal automation replacement system (STARS), or any equivalent system, to improve situational awareness (my highlights).
• Thank you, the framers of this Act.

Title VII – Modernizing Airport Infrastructure:

• Sec. 708. Updating United States Government's share of project costs. This section temporarily increases the Federal share to 95% of allowable project costs for a grant made to a non-hub or nonprimary airport in FY25 and FY26.
• Excellent. This increases federal funding to 95% (from 90%) for approved projects so making it easier for states and local authorities to move forward with needed improvements.
• On my lists of projects: More (affordable) hangars, fuel infrastructure to kickstart adoption of unleaded fuel, standardization and installation of charging infrastructure for electrical aircraft…and so much more!
• Sec. 716. Small airport fund. This section simplifies the distribution formula for the small airport fund. Additionally, this section creates a five percent set-aside ($34M) for aprons intended to be used for itinerant general aviation parking.
• Good. Even though “fair and reasonable” FBO fees never made it into the final Act due to lobbying pressures, at least now airports should be able to construct “itinerant” (transient?) parking areas. Let’s see how the big FBOs manage to bully their way around this one!
• Sec. 719. Protecting general aviation airports from closure. This section ensures the FAA will only permit grant obligated airports to close if the closure: will not significantly impair the aeronautical purpose of an airport; will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or is necessary to protect or advance the civil aviation interests of the United States.
• Excellent. This puts the aviation interest of the USA ahead of money grabbing municipalities and developers, and for us, means we can plan on enjoying our airports for years to come.
• Sec. 726. General aviation airport runway extension pilot program. This section directs the FAA to establish an AIP pilot program that would allow a general aviation airport to use the Small Airport Fund for certain runway extension projects that would otherwise be ineligible under AIP.
• Nice—making it legal and easier to do the right thing.
• Sec. 732. Populous counties without airports. This section requires the FAA to include a new airport in the National Plan of Integrated Airport Systems if the airport is located in the most populous county of a State that does not have a listed airport if it meets certain criteria.
• This Act is truly wonderful!
• Sec. 737. Coastal airports assessment. This section requires the FAA to coordinate with the Army Corps of Engineers and NOAA to assess the resiliency of coastal or flood-prone areas and submit a report to Congress on the findings and related recommendations.
• This is probably timey, given rising sea levels and is highly topical in Oregon, where the Cascadia Subduction Zone has the potential to induce earthquakes of magnitude 8 or 9.
• Actually, in that case, resiliency of coastal airports will be a moot point, and we should be looking inland…East of the Cascades. Oh…Redmond, Bend and Prineville!
• Sec. 745. Electric aircraft infrastructure pilot program. This section establishes a five-year pilot program allowing up to 10 eligible airports to acquire, install, and operate charging equipment for electric aircraft and to construct or modify related infrastructure to support such equipment.
• Important and timely to grow electrically-propelled aviation. Build it and they will come.
• Sec. 749. Airport diagram terminology. This section requires the FAA to update certain policy and guidance to ensure the clear and consistent use of terms to delineate the types of parking available to general aviation pilots.
• This will help us avoid $100 parking spots (plus “administration fees”).
• Sec. 750. GAO study on fee transparency by fixed based operators. This section directs a GAO study on the efforts of fixed base operators (FBOs) to meet their commitments to improve the online transparency of prices and fees for all aircraft and enhancing the customer experience for general and business aviation users.
• Know before you go.
• I sense much more lobbying in our future.
• Note :A proposal by AOPA to limit FBO fees to “fair and reasonable” did not make it into the Act, due to misinformation proliferated by those who make money from being unfair and unreasonable.
• Sec. 760. Washington D.C. metropolitan area special flight rules area. This section requires the FAA, in consultation with the Departments of Homeland Security and Defense, to conduct a study on the Washington D.C., Special Flight Rules Area and Flight Restricted Zone to assess possible changes that decrease operational impacts and improve general aviation access to airports in the National Capital Region
• This is important to my AOPA friends and others who fly in and around the DC-SFRA. Time to consider a change using modern technology.
• Sec. 770. Grant assurances. This section requires that airports that offered 100-octane low lead aviation gasoline for sale in 2022 to continue offering such gasoline for sale until the earlier of 2030 or the date on which a FAA-certified unleaded aviation gasoline alternative can be made available for purchase or use by general aviation aircraft operators at airports subject to certain conditions. Any airport violating this grant assurances will be assessed a civil penalty of not more than $5,000 per day the airport fails to comply with the grant assurance.
• This is very important for flying clubs (and all others, really) that fly from federally obligated airports…that is, airports that have taken federal funds for improvements.
• Yes, it is important to work as quickly as possible to get the lead out of aviation fuel, but this section makes it very clear that airports cannot, willy-nilly, decide the short-term fate of the piston GA fleet.

Another title I enjoyed reading is Title X – Research and Development.  There are two subparts to this, namely, Subtitle A — General Provisions, and Subtitle B —Unmanned Aircraft Systems and Advanced Air Mobility, both of which contain some positive steps, like integration of UAS, infrastructure for “electric” aircraft, presumably meaning electrically propelled aircraft, and more.  I’ll leave it to you to dig as much as you desire!

Title VIII:  General Aviation

This is the first ever FAA Reauthorization Act with a Title explicitly for General Aviation, and the precedent that it sets for future Acts is impressive indeed, but before we travel much further down this rabbit hole, let’s remind ourselves of the actual meaning of “General Aviation” in order to fully understand the scope and opportunity of this and future Acts.

See the AOPA booklet: “GENERAL AVIATION EXPLAINED The Backbone of America’s Aviation System” for more information, but in a nutshell:

“General aviation (GA) is defined by the International Civil Aviation Organization as “all civil aviation operations other than scheduled air services and nonscheduled air transport operations for remuneration or hire. This means that while military and airline operations do not fall under the umbrella of GA, a wide variety of other types of aerial work—such as aerial flight training, firefighting, banner towing, pipeline patrols, and medevac operations—do fall under this heading. Also, all recreational flying is considered GA.  General aviation includes commercial, non-commercial and recreation aviation activities”.

More succinctly, “General Aviation [GA] is all civilian flying except scheduled passenger airline service”, and that, dear reader, is why having a GA Title in the FAA Reauthorization Act is so important, and such a victory.

For the overall flavor of Title VIII, ponder its table of contents.  I’ve italicized those sections that I think are of most interest to flying clubs (or any owner-pilot, for that matter), and we’ll look at each in more detail, next.

Sec. 801. Reexamination of pilots or certificate holders.
Sec. 802. GAO review of Pilot’s Bill of Rights.
Sec. 803. Data privacy.
Sec. 804. Accountability for aircraft registration numbers.
Sec. 805. Timely resolution of investigations.
Sec. 806. All makes and models authorization.
Sec. 807. Response to letter of investigation.
Sec. 808. ADS-B out equipage study; Vehicle-to-Vehicle link program.
Sec. 809. Ensuring safe landings during off-airport operations.
Sec. 810. Development of low-cost voluntary ADS–B.
Sec. 811. Airshow safety team.
Sec. 812. Aircraft registration validity during renewal.
Sec. 813. Temporary airman certificates.
Sec. 814. Letter of deviation authority.
Sec. 815. BasicMed for examiners administering tests or proficiency checks.
Sec. 816. Designee locator tool improvements.
Sec. 817. Deadline to eliminate aircraft registration backlog.
Sec. 818. Part 135 air carrier certificate backlog.
Sec. 819. Enhancing processes for authorizing aircraft for service in commuter and on-demand operations.
Sec. 820. Flight instructor certificates.
Sec. 821. Consistency of policy application in flight standards and aircraft certification.
Sec. 822. Application of policies, orders, and guidance.
Sec. 823. Expansion of the regulatory consistency communications board.
Sec. 824. Modernization of special airworthiness certification rulemaking deadline.
Sec. 825. Exclusion of gyroplanes from fuel system requirements.
Sec. 826. Public aircraft flight time logging eligibility.
Sec. 827. EAGLE initiative.
Sec. 828. Expansion of BasicMed.
Sec. 829. Prohibition on using ADS–B out data to initiate an investigation.
Sec. 830. Charitable flight fuel reimbursement exemptions.
Sec. 831. GAO report on charitable flights.
Sec. 832. Flight instruction or testing.
Sec. 833. National coordination and oversight of designated pilot examiners.
Sec. 834. Part 135 pilot supplemental oxygen requirement.

 More details:

• Sec. 806. All makes and models authorization. This section requires the FAA to reestablish the authorization for all types and makes of certain experimental single and multiengine piston powered aircraft.
• As I understand it, this requires the FAA to expand the LODA exclusion that was successfully implemented for certain experimental categories in the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.The FAA Reauthorization Act extends this to the case of limited and primary aircraft. This also furthers the clarification that the provision of flight instruction is not included in the phase “for compensation or hire”.
• Whilst it is unlikely that a flying club will operate aircraft in the limited or primary category, it is important for clubs operating experimental aircraft in terms of compensated flight instruction. There is one case that might occur in the future, as some manufactures of electrically propelled aircraft are pursuing airworthiness in the primary category.
• For a full treatment of this, see the “February 2023 Question of the Month: I hear that the rules have changed (again) for training in experimental aircraft…what’s the scoop?”.
• Sec. 809. Ensuring safe landings during off-airport operations. This section prohibits the FAA from applying section 91.119 of title 14, Code of Federal Regulations, in any manner that requires a pilot to continue a landing that is unsafe.
• FAR 91.119 is the Minimum Safe Altitudes regulation
• This is the common-sense response to the FAA’s enforcement action on Trent Palmer (see here, here and here) for doing a low-pass before landing at an off-airport location.
• This is vitally important for GA as it allows us to exercise safe decision making without risking our certificates.
• Sec. 814. Letter of deviation authority. This section excludes a flight instructor, registered owner, lessor, or lessee of an aircraft from the requirement to obtain a letter of deviation authority from the FAA to allow, conduct, or receive flight training, checking, and testing in a covered aircraft if no person advertises the aircraft or instruction as available for those activities; the flight instructor is not providing both the training and the aircraft; and no person receives compensation for use of the aircraft during those activities, other than expenses owed for operating, owning, and maintaining the aircraft.
• Also see Sec. 806, above and “February 2023 Question of the Month: I hear that the rules have changed (again) for training in experimental aircraft…what’s the scoop?”.
• Sec. 815. BasicMed for examiners administering tests or proficiency checks. This section will allow a pilot examiner to perform authorized examiner duties under BasicMed so long as the examiner can otherwise act as pilot-in-command under BasicMed in the aircraft being used for the exam.
• Basically, a DPE on BasicMed will be able to conduct check rides in applicable aircraft. Hopefully this will help relieve the backlog of DPE availability and so perhaps bring down the cost of check rides (ha…ha…ha…ha!)
• Sec. 820. Flight instructor certificates. This section requires the FAA to issue a final rule for the rulemaking activity titled “Removal of the Expiration Date on a Flight Instructor Certificate” (RIN 2120-AL25), not later than 18 months after the date of enactment of the Act. Such rulemaking would require the FAA to remove the expiration date on a flight instructor certificate, among other things.
• Applicable to all CFIs.
• The abstract of RIN 2120-AL25 is: “This action would remove the expiration date on flight instructor certificates. In addition, it would remove the requirement for a flight instructor to renew his or her flight instructor certificate. Instead, the rule would call for the flight instructor to meet and demonstrate recent experience requirements to exercise the privileges of his or her certificate”.
• Some more words…” This [will] function to remove the expiration date from a flight instructor certificate, establish recent experience requirements, expand certain certificate reinstatement options for flight instructors [and] amend qualification requirements for flight instructors seeking to provide training to initial flight instructor applicants.
• Be clear…this is to get away from having to get a new physical CFI certificate every two years (waste of time and money), but it will not change the fact that CFIs must perform “professional development” in order to act as CFI.
• I’m looking forward to hearing more about the options for “establishing recent experience requirements” and sincerely hope that “they” work with groups such as NAFI and SAFE to get better standards, training and ethics into the world of flight instruction.
• Sec. 827. EAGLE Initiative. This section requires the FAA to continue to partner with industry and other Federal government stakeholders to carry out the “Eliminate Aviation Gasoline Lead Emissions Initiative” (EAGLE Initiative) through the end of 2030. This section specifies that the FAA shall take such actions as may be necessary to facilitate: 1) the safe elimination of the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the safe and efficient operation of the piston-engine aircraft fleet; 2) the approval of the use of unleaded alternatives to leaded aviation gasoline for use in all piston-engine aircraft types and piston-engine types; 3) the implementation of the requirements relating to the continued availability of aviation gasoline; 4) efforts to make unleaded aviation gasoline widely available for purchase and use at airports; and 5) the development of a transition plan to safely enable the transition of the piston-engine general aviation aircraft fleet to unleaded aviation gasoline by 2030. In developing the transition plan, the FAA must consult aviation stakeholders and consider the following: 1) progress of the EAGLE Initiative; 2) the evaluation and development of airport infrastructure, including fuel storage and facilities to support the storage and distribution of unleaded aviation gasoline; 3) best practices for protecting against exposure to lead contamination on airfields; 4) efforts to address supply chain issues inhibiting timely distribution of unleaded aviation gasolines; and 5) efforts to educate pilots and aircraft owners on how to safely transition to unleaded aviation gasoline.
• Here we go again (still).
• Summary. Get it done.
• Sec. 828. Expansion of BasicMed. This section amends Section 2307 of the FAA Extension, Safety, and Security Act of 2016 by: increasing the number of allowable passengers in a covered aircraft to six (up from five); increasing the allowable number of seats in a covered aircraft to seven (up from six); and increasing the maximum certificated takeoff weight of a covered aircraft to 12,500 pounds (up from 6,000 pounds). This section includes language to clarify that the expansion of BasicMed does not apply to transport category rotorcraft. This section also updates to current standards the medical form a state-licensed physician uses in completing a comprehensive medical examination. The amendments made by this section are applicable beginning on the date that is 180 days after the date of enactment of the bill.
• This is important so I suggest reading it again!
• This has direct importance to flying clubs with members operating under BasicMed and perhaps have larger aircraft that have previously been unavailable to those members. This may also change the decision-making process that a club undergoes when considering upgrading or adding larger aircraft the fleet.
• The FAA has 180 days from May 16^th 2024 to get this done (that is, by November 12^th 2024).
• I’m a bit unsure about the wording “This section also updates to current standards the medical form a state-licensed physician uses in completing a comprehensive medical examination”. I don’t actually see this wording in the actual Full Act. What does this mean? The only thing I’ve able to infer from “the blogs” is that an applicant will have to declare convictions and drug use. I’ll find out more!
• For information on existing BasicMed, see here.
• Sec. 830. Charitable flight fuel reimbursement exemptions. This section deems that exemptions granted to volunteer pilot organizations to reimburse pilots providing charitable transportation for fuel costs and airport fees will be valid for five years.
• Sec. 831. GAO report on charitable flights. This section requires GAO to initiate a review of charitable flights, including: 1) a review of all applicable laws, regulations, policies, legal opinions, and guidance pertaining to charitable flights and the operations of such flights; 2) an assessment of petitions for exemption from the regulation that prohibits reimbursement for fuel costs for private pilots; and 3) such flights conducted without an exemption from the regulation that prohibits reimbursement for fuel costs for private pilots.
• These two sections are important for many flying clubs (and members) that participate in charitable flights (public benefit flights).

FAA Authorization and MOSAIC:

Title VIII, Sec 824 is fairly brief, yet far reaching.  Here is the summary:

• Sec. 824. Modernization of special airworthiness certification rulemaking deadline. Not later than 24 months after the date of enactment of this Act, the Administrator shall issue a final rule for the rulemaking activity titled “Modernization of Special Airworthiness Certification”, published in Fall 2022 in the long-term actions of the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL50).
• This sets a deadline for the FAA to publish the final rule on MOSAIC, after taking into consideration all of the comments received from individuals, industry groups and consortia.
• Given than the FAA Reauthorization Act was signed and promulgated on May 16^th 2024, the FAA have up to May 2026 to get MOSIAC finalized, but general consensus seems to point to mid-2025. I imagine the temptation to time this for AirVenture 2025 is tantalizingly strong!
• For those who have been living in a cave for the past few years, MOSAIC offers many opportunities and has the promise to really change that part of General Aviation in which many of us operate. The 300-page proposed rule speaks to expanding the scope and size of light sport aircraft certification; broadening the privileges of sport pilot certificates, training, and endorsements; refining maintenance requirements; and changing the maintenance training requirements for those working on light sport aircraft.
• The proposed rule can be found here.
• AOPA’s take is here.
• An excellent summary is here.
• A document containing the combined comments from by EAA, AOPA, NATA and NBAA can be found here, and is well worth reading.

MOSAIC really does present some motivating opportunities for flying clubs and their members.  Here are a few worth considering:

• The club’s A152, C172, PA-28 and similar makes and models will all, very likely, be accommodated under the expansion of the light sport specification. This means that without changing aircraft, a club should be able to accept Sport Pilots as flying members, so expanding the pool of prospective members.
• Existing members may elect to operate applicable club aircraft under Sport Pilot rules and so avoid the need for medical certificates or even BasicMed. The Sport Pilot “driving license medical” will suffice. This may well allow some members to keep flying provided the planes conform to the MOSAIC LSA specifications.
• Expansion of the LSA specifications will, undoubtedly, results in an influx of new aircraft makes and models from countries that have been more generous in their LSA specifications. There are many European (and probably Brazilian and others) aircraft manufactures just waiting in the wings to get into the expanded USA LSA market. This means clubs will have more choice of aircraft that will cater to a broader range of pilot certificates.
• There are already aircraft manufactures that are “betting” on MOSAIC. For example, I understand from conversations last year with RANS Aircraft based in Hays, Kansas, that the S21 Outbound is “MOSAIC ready”, meaning that whilst it is currently being sold as a 1,320Ib max gross aircraft with a specific useful load, it has been designed to be a MOSAIC light sport when the rule is finalized, with both max gross (and hence useful load) increasing substantially. By the way, I flew the Outbound at last year’s Midwest LSA Expo in Mount Vernon, Illinois, and it was quite spectacular—the plane and the Expo. I’m heading to the Expo again this year, relabeled The Midwest Aviation Expo, and plan on giving a few presentations and hopefully, flying some MOSAIC-ready aircraft—see you there!
• Other facets of MOSAIC are the proposals to allow for more than fixed gear, single reciprocating engine, and fixed-pitch propeller. In brief, airplanes complying with the new MOSAIC specifications are going to be very capable craft.
• One area in the notice of proposed rulemaking (NPRM) that got a lot of comments concerns the maintenance of such aircraft and the qualifications of the mechanics doing the maintenance and inspections. The NPRM was almost silent on the training that will be required for those of us who which to maintain MOSAIC LSAs. You can see the dilemma…the existing Light Sport Repairman (LSRM) route allows people (including me some years ago) to attend an intense 15-day course to become certified to maintain (and inspect) “traditional” LSAs. If a C172, previously requiring A&P and IA involvement now fits within the expanded MOSAIC specifications, can an LSRM do maintenance and inspections, perhaps with some additional training? This is a hot topic and many of us are waiting anxiously to see what comes out in the final rule. For more information on this, and LRSM courses in general, visit with Rainbow Aviation and my friends Carol and Brian Carpenter, who are the experts in all things LSA and LSRM.
• Before leaving MOSAIC, I have to raise a compete unknown. How are insurance companies going to react to the MOSAIC rule? I have lots of concerns, but no answers, so we’ll have to wait and see, but let me throw out a challenge…why don’t you…yeah you…be the first insurance company to come out with a clear statement on how you will accommodate MOSAIC and the clubs and pilots that will be clamoring to take advantage of it. Market share – 101?

 Before signing-off, I’d like to comment on the recent changes that The Transportation Security Administration (TSA) is making to the Flight Training Security Program (FTSP), formerly known as the Alien Flight Student Program.  The final rule (which has taken since 2004 to produce) can be found here.  This is all about how flight training providers must undergo security screening and training in order to provide flight instruction to non-US nationals.   Non-US nationals seeking training must also undergo security screening prior to the commencement of training. 

There are quite a few changes and clarifications in the final rule, so if you are somehow involved, I suggest you read it in full…as the rule state: “Flight training providers and individuals subject to the requirements of this rule must comply with these sections by July 30, 2024”.

Let me be clear though—old rules or new rules, this should NEVER apply to flying clubs.  If it does, well, you’re in all sorts of other trouble.  As I have lectured about many times before, a flying club is defined by the FAA as, amongst other things, a hobby/social club and as such must never be a provider of flight training or other commercial services.  A flying club itself must never provide club aircraft and CFIs to instruct anyone, so that necessarily includes non-US nationals.  If a club accepts US citizen student pilots as members—and in my repeated humble opinion I don’t think it should—then those student-pilot members must separately book the club plane (as would any other member) and separately book and directly pay an independent CFI for instructional services.  If you state somewhere that the club provides instructors, you’ve crossed the line and will now be treated as a provider of commercial flight training—a flight school in other words.   By extension, a flying club itself should never apply to the TSA to be a flight training provider, as a club is not a flight school.  If a club does decide to extend membership to a non-US national (and again, I advise you to think long and hard about this), then the independent CFI providing the instruction must apply to the TSA as the provider of the flight training. 

This very quickly gets messy and risky.  Please…just don’t go there!

Finally, I’ve just found a video of Sam Graves Explaining How The FAA Reauthorization Act Got Done.

As always, fly lots and fly safely!