Industry Standards Meeting Minutes

Balloon event organizers are always trying to make their events safer and better. Organizers will often travel to other events and “borrow” ideas, concepts and procedures that they can use in their own events. Last December several balloon event organizers and other people interested in balloon events decided to formalize that “borrowing” process and met to discuss issues and challenges associated with balloon events. Jim Birk, Maury Sullivan, Koh Murai, Beth Wright-Smith, Jim Ahern, J.D. Huss, Mark Sullivan, Tom McConnell, George Hahn, Pat Brake and Paul Smith met to discuss balloon events and issues unique to those events. The discussion was focused on a few questions. How do our events select pilots and how should we select pilots to participate? What qualifications should our event officials have? Under what criteria should we conduct our events?

As expected there were many similarities in our approaches to conducting events. The differences between the events were generally factors of size, not differences in the dedication to safety. The major categories of our discussions included: selection of pilots; criteria for selection and training of event officials; and guidelines for the conduct of our events. There was no shortage of questions concerning our individual events or events in general. Unfortunately not all those questions had answers.

Paul Smith explained that the basic question of whether a pilot was qualified to register and fly in the Balloon Fiesta had been left to the FAA. If the FAA adjudged that a particular pilot was proficient to fly a balloon (i.e. hot air or gas balloon certificate), that person was proficient to fly in the Balloon Fiesta.

However during the past year there has been a New Mexico court case in which the Court ruled that procedure might not be sufficient. The case involved a hospital that allowed an air ambulance service to use its helipad. In that case, the Court of Appeals ruled that the hospital had a duty to conduct its own investigation into the qualifications of the ambulance service and its pilots. The Court did not agree with the hospital that it could “…avoid liability by blindly relying on an independent contractor’s licensure to establish its competence.” Talbott v. Roswell Hospital Corporation (NM Ct. App. June 4, 2008) (At the time of the meeting this case was on appeal to the New Mexico Supreme Court. The Supreme Court has now affirmed the decision of the Court of Appeals.)

Even though the Talbott case is a single case and doesn’t necessarily indicate a trend, no one is in the position to disregard its potential implications on the Balloon Fiesta and other balloon events around the country.

Pilot Selection

The first topic that was discussed was “How should an Event determine which pilots to accept?” The vast majority of pilots who apply for various balloon events are proficient and fit well into most balloon events. However many events have had experiences with pilots that have indicated that a particular pilot and that particular event are not a good match. How should an event get information about pilots so they can make good decisions concerning their entry?
Two suggestions were:

• Recommendations from other pilots who have flown in that particular event. The recommending pilot should be familiar with the event and whether there are any peculiarities with flying in that particular venue. Of course the recommending pilot should be familiar with the pilot who is being recommended.
• Recommendations from FAA Designated Examiners. This concept could be informative in the case of a new pilot who isn’t well known around the balloon community.

Other than 3rd party referrals, the Group discussed what types of information should be considered when making a decision as to whether a pilot should be accepted into an event. Some of the criteria that are being considered at some events or the Group thought might be considered included:

• How many flight hours does the pilot have?
• Do the types of hours (e.g. flight over congested areas vs. flight in rural areas, flight in other events vs. flights with no other balloons) have any effect?
• Should actuarial (e.g. male-female, age, residence location) data have any effect?
• Is the number of hours flown by the pilot relevant to his/her proficiency?
• Is the number of recent hours flown by the pilot relevant to his/her proficiency?
• Is pilot eligible to register (based on the event’s minimum criteria)?
• Has the pilot received a letter of investigation from the FAA (as a precursor to violation action)? If so, the event should ask for it.
• Has the pilot’s license ever been suspended or revoked?
• Has the pilot been involved in any balloon accident or incident?
• Has the pilot been excluded from any balloon event for a flying issue?
• Has the pilot flown at the altitude of the event? (This question relates to the fact that balloons react differently at different altitudes.)
• Has the pilot flown over a congested area?
• At what other events has the pilot flown?
• Has the pilot attended a Safety Seminar?  If so, by whom was it sanctioned and what was the approximate date?
• Is the pilot involved with BFA PAAP, FAI/CIA Sporting badge or FAA Wings programs? If so, what level has been achieved?
• Is the identity of the pilot’s instructor relevant?
• Is the identity of the pilot’s BFR “instructor” relevant?
• Is it possible to vet Pilots’ Answers? Is there a method available? Is it necessary?

The group decided it was important to notify the pilots that the supplied information may be checked against FAA, MVD, insurance records. They also decided that if requested information is not provided, the application would not be processed. No answer to any of these questions should prevent the pilot from being accepted. However if a pilot purposely supplies false answers, that fraud could exclude the pilot. If the application or other information indicates or implies the possibility of falseness then additional information is required.

After determining what types of information are relevant to determining whether a pilot should be allowed in an event, the group discussed what to do with the information and the significance each piece of information.

• Does an accident render a pilot unsafe? If so for how long? Should you never drive again if you “ding” your car?
• Does an FAA violation (letter of investigation) render a pilot unsafe? If so for how long? Should you never drive again if you get a speeding ticket?
• Is a pilot with more hours necessarily more proficient or safe than a pilot with fewer hours?

Two countervailing arguments concerning this last question were posed. One side was that when developing criteria for entry into balloon events we have an obligation to encourage new and additional pilots to participate in events. We all acknowledge the “graying of the sport”, reduction in new balloon sales and our need for new balloonists. The other side of the question was the feeling that low-hour pilots may not be as safe as pilots with more experience. However while most of the group shared this opinion, there was no evidence to support it. In fact in a study completed by Tom McConnell, it was learned that pilots with 100 hours were more likely to be involved in a balloon accident/incident than a pilot with fewer hours.

Generally more information is better. However what do you do with the information? The group discussed whether events should share information they collect about accidents? Violations? We all want to conduct and participate in the safest events we can attend. However at what point would we violate rights of some pilots to try to make the event safer for others? Is there such a point?

Another suggestion that was made was the possibility of issuing “Rookie banners” to all first-time pilots in a particular event. In that way all pilots will be aware which pilots have participated in that event and area before, and conversely, which ones have not.

Event

What constitutes a safe event? What constitutes a “good” event? What measures should (can) event organizers take to improve their events? Since all the participants, except JD Huss who is a Safety Counselor with the FAA, currently conduct balloon events or have conducted them, discussion concerning operation of our events generated the most interest.. The Group posed these questions:

Does an Event have a duty to inspect aircraft and aircraft maintenance history? If so who has the qualifications to make decisions as to airworthiness?

• What should an event do with “known” renegades? What is “known”?
• As event organizers are we prepared or able to determine “proficient pilot”?
• Can the Event rely on a pilot’s statement that he has no FAA inquiry or accident?
• Can the Event get violation information from the FAA?

We discovered that we can get such information through the FAA Enforcement Data System. Receiving a “yes-no” answer will take approximately six weeks and no fee is required. However if the Event requires information including the details of the enforcement action, that process will take longer and will require paying a fee to the FAA.

After asking a lot of questions and telling a lot of “war stories” the group universally agreed that the primary goal for balloon events was to make the event a safe aviation event. Part of this goal is recognition that you cannot place pilots or the event in an unsafe position. All relevant information that’s available to the Event needs to be communicated to the pilots.  The Group recognized that there will necessarily be a range of piloting skills and experience at every balloon event. Only each pilot can determine whether the conditions are acceptable for that pilot because only that pilot knows the level of his/her training, experience, whether he/she got sufficient sleep, has been fighting with their spouse, etc.

As a basic premise everyone agreed that in the case of “marginal conditions” the Event should cancel any scheduled competition. In many cases pilots will feel pressure to fly if a scheduled competition is conducted.

Unfortunately the Group couldn’t come to a consensus as to what “marginal conditions” are. Everyone agreed that “marginal” depends on several factors but the best description that was offered was “possibly flyable, but a substantial number of pilots are concerned”.

The Group discussed whether there would ever be a situation where competition should be cancelled but pilots could be allowed to fly anyway (i.e. if it’s not safe to compete, why would it be safe to fly for fun?). It was decided that there are several situations in which competition should be cancelled but conditions might be great for flying. Two of those situations include:

• Winds are predicted to increase before end of competition window
• Winds are all blowing in a direction in which there are no targets

The Group also expressed everyone’s resentment of the directive “Pilot’s Discretion”. Every time balloons fly it is at “pilot’s discretion” and that term should be discontinued in the operation of balloon events.

When used in balloon events use of the term “Pilot’s Discretion” tends to place additional pressure on the pilots and as stated above the term has no relevance since every flight is at the discretion of the pilot.

The group also concluded that winds 10 knots or less on the surface at the launch field provides a reasonably safe opportunity for proficient pilots to launch. However there was discussion about constructing a wind matrix which will include wind speeds at various levels. Several participants were quick to note that the effect wind matrices should have will vary at different locations (ABQ v. Palm Springs) because of geographic conditions unique to each flying area.

The Group also noted that each location has varying weather conditions that need to be considered. It is important to have access to local pilots/meteorologists to help interpret the observed weather, wind matrices and forecasts.

The Group also discussed methods to encourage and develop new pilots as well as dealing with pilots that have caused problems. Some events encourage “newbies” to connect with experienced pilots to get experience.

The Great Texas Balloon Race in Longview utilizes a “Rollover List” under which a pilot might sit out a year in order to provide sufficient space for a first time pilot.

Occasionally there will be a situation in which a pilot fails to follow the event’s rules or causes some problem for the event. Most of the events represented by the Group members expressed the practice that “problem” pilots were simply not invited to return to the event.

Balloon Fiesta explained in these types of cases it has established a Violations and Review Committee (VARC). As soon as possible after the conclusion of a Balloon Fiesta information concerning the pilot’s conduct will be presented to this committee. The Committee will review the information and make a recommendation to the Board of Directors to either take no action, exclude the pilot from the next Balloon Fiesta or multiple Balloon Fiestas.

The Group’s discussion focused on flight operations and the Group did decide that there are some universal details and procedures that should be observed at every event regardless of size.

Emergency Services

EMT, Fire Truck, First Aid or reasonable accommodations “appropriate” public safety.

Recall Procedure for balloons in flight

• Aircraft Radios, local radios, flag on field, launch directors

Propane

• Fire extinguishers are required
• Fire Truck suggested
• Publish refueling procedures and emergency procedures
• Don’t vent raw propane on Launch Field

Safety Officer(s) should be mobile because a person can’t see everything that could affect safety can be seen from a single location.

If someone doesn’t return from a flight within a reasonable time, what happens?
The event should have a procedure to call if they don’t check in time.

Officials’ Qualifications

The last major topic of discussion was how to select officials and what their qualifications should be. We agreed that every balloon event needed a BalloonMeister, Safety Officer, Weather Officer and Pilots. Without exception, the pilots were recognized as being the single most important piece of the safety equation.

We also noted that various events may call these Officials by different names and some might combine the positions. However whether you refer to the positions or the duties fulfilled by each position, it’s important that each event have a person or persons responsible for the following information and actions.

Additionally it should be noted that the necessary positions will vary depending upon the particular event. For example, the Balloon Fiesta utilizes a balloonmeister, assistant balloonmeister, chief safety officer, eight safety officers, Chief Launch Director, three launch director section chiefs, 65 launch directors, chief scorer, several assistants and 32 scoring officials. Their decision for so many officials is based, on large part, to the size of their event. In most balloon events the total number of officials and pilots would be less than the number of officials at Balloon Fiesta.

Many years ago the BFA compiled “Guidelines for Event Organizers” and many members of the group were happy with its descriptions and thoroughness. When reviewing those “Guidelines” you need to realize that many portions of the Guidelines are attributable exclusivity to BFA sanctioned events.

The reader should also recognize that there are several methods to accomplish the desired result. For example, the Guidelines state that the Launch Director should be a certificated balloon pilot. At Balloon Fiesta the majority of the Launch Directors are not balloon pilots. However there is some basic balloon information and education that is important to understand how balloons should launch. Thus Balloon Fiesta has instituted a training procedure for Launch Directors under which the Launch Directors will learn the mechanics and logistics for a balloon launch

Personnel

Balloonmeister/Event Director-definition in BFA Guideline for Balloon Event Organizers and FAA Waiver App, CIA AX Model Event Rules
Qualifications? Pilot, current in area, assistant fly in event

Safety Officer
Qualifications? Pilot

Weather Officer
Qualifications? Must provide most recent information at closest, or most significant reporting station

Pilot
Qualifications?

We also discussed the importance of how the person selected for each position should be chosen and by whom. We talked about the situation where a local chamber of commerce decides that a balloon event will help promote the town. The president of the chamber knows a couple of people who have balloons or know some others who have balloons and they all get together and have a rally. Unfortunately the chamber president can’t find anyone willing or able to fill the position of balloonmeister and he does it himself.

A variation of this scenario is where the chamber does hire a qualified balloonmeister, but doesn’t have the budget to hire a qualified safety official, weather official or launch directors. So the balloonmeister is provided with several volunteers whom he is instructed to use in the safety, weather and launch positions. Both scenarios were identified as ill advised and potentially dangerous.

The group’s position is that the balloonmeister must be a well qualified individual. Also the selected balloonmeister should choose, or at least have significant input into the selection of the remaining officials.

Summary

In short, there were far more questions than answers. The meeting reinforced what many of us suspected-there are many issues that don’t have clear-cut answers and solutions. We all hoped to be able to attend the meeting, listen to others who had faced the same issues we had faced and come from the meeting with all the answers. Instead, we realized that there are no black and white answers to these tough questions. We did get solace from the fact that other event organizers had faced the same issues and in general reached the same conclusions we had.

We did agree that events can’t simply rely on the FAA to tell us whether a pilot would be a good fit for our event. The FAA is uniquely situated to test and evaluate the flying skills of balloon pilots, but the FAA’s evaluation might not be very recent and they can’t test for everything that’s important to us.

Events need to inquire as to issues that are important to them (e.g. past balloon accidents, FAR violations, prior problems and performance at balloon events-at least at the event at which they’re applying). There are no answers that would preclude acceptance into the event, but there are answers that might require additional investigation or clarification. Additionally, refusal by the pilot to answer our questions should constitute grounds to refuse their entry.

The first priority of every member of the Group is to conduct the safest balloon event as possible. Regardless of size of the event, safety must be the primary goal of every balloon event. We’ll continue to share lessons we learn both with each other and with other event organizers wanting to learn.