4. Relief Requested

Petitioners seek an alternative plan of protection, as permitted by GO 120-C, Sections 3(E) and 6. They note that such an alternative plan of protection must be approved via formal application to the Commission. The application in these proceedings seeks such approval. The application seeks adoption on an interim basis of an Interim Plan that would remain in place until the petition for a rule change in GO 120-C is completed. The application states:

Applicants only request approval of this Interim Plan on an interim basis, until a longer term solution for the ballooning industry can be addressed through a rulemaking proceeding that will amend General Order 120-C, as requested in the Petition filed contemporaneously with this Application.

In order to ensure that the public is protected to the fullest extent feasible, Applicants concur that only those balloon companies meeting the highest standards of professionalism and safety training may take advantage of the Interim Plan proposed by this Application.

The Interim Plan proposed by applicants would have the following requirements:

1. Each pilot shall have an FAA Commercial, Lighter-Than-Air Pilot Certificate with Balloon class rating.

2. Each pilot: (a) shall meet FAA requirements and demonstrate proficiency as Pilot-In-Command in Category and Class balloon to be flown in the passenger ride business; (b) shall attend a balloon safety seminar annually; (c) shall complete a biennial flight review in accordance with FAA regulations.

3. Each balloon used shall be FAA-certificated Standard and shall undergo FAA-mandated annual and/or 100-hour inspections from an FAA-certificated repair station.

4. All flight operations and passenger briefings shall be in full compliance with the regulations contained in 14 CFR Part 91 applicable to commercial hot air balloon operations.

5. Each balloon company must obtain and maintain insurance meeting the following minimum requirements: (a) the company issuing the policy shall be financially sound, with current net assets (as demonstrated by its most recent audited financial statements) of at least $15,000,000; (b) if the insurance company is incorporated outside the United States, it (1) shall be regulated pursuant to the insurance laws of its country, and (2) the insurance broker or program manager for the underwriter shall operate in accordance with applicable laws and regulation of its jurisdiction; (3) the policy shall contain a minimum liability limit of $1,000,000; (4) the company issuing insurance shall have re-insurance for any United States balloon program with a reinsurance company with a rating by the A.M. Best Company (Best) of at least B+, and a Best "Financial Size Category" of XL.