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December 26, 2011     null     Volume 10 Issue 52
Topics in this Volume


nullFAA Issues Pilot Duty Rules For Part 121

The FAA has issued final regulations revamping the pilot flight, duty and rest rules for all Part 121 air carriers.  While the rules represent a significant change for airlines and other Part 121 operators, the FAA did not apply any of the new rules to Part 135 air carriers.
NATA and others had expressed concern to the FAA over language in the proposed rules hinting that similar rules could be expect for the Part 135 community.  NATA continues to advocate for regulatory changes that are based on a fair and comprehensive analysis of the Part 135 carriers and the environment in which they operate.

In response to Part 135 community concerns, the preamble of the final rules states, “In response to concerns expressed by part 135 certificate holders, the FAA emphasizes that this rule does not apply to part 135 operations. If, in the future, the FAA initiates a rulemaking to change the existing part 135 flight, duty, and rest regulations, the FAA will solicit comments from the affected stakeholders and respond to part-135-specific concerns at that time.”

“We are quite pleased to see that the FAA has acknowledged that Part 135 operations are not included in the final rule,” stated NATA President Jim Coyne.  “As we have said all along, the vast array of operations that take place and geographic settings common within the Part 135 community make the on-demand air charter industry vastly different than the Part 121 world.  We appreciate the FAA heeding our advice by not including the Part 135 community within this rule.”

The FAA has prepared a fact sheet related to the new rules for Part 121 carriers.  A pre-publication version of the final rule is available for review by clicking here.

Part 121 air carriers will have two years to fully comply with the new rules.

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nullNATA, GAMA Say DHS Inaction Hurts Security and U.S. Competitiveness

Last week, the U.S. aviation industry received notification from the Department of Homeland Security (DHS) that the final rule for aircraft repair station security will not be approved and published until the fourth quarter of 2012.  This notification was prompted after 20 industry leaders sent a letter to DHS Secretary Janet Napolitano asking that the rule, which has been under consideration for eight years, be finalized before the end of 2011.

TSA first held a public meeting on this rulemaking, mandated by the 2003 Vision 100 Century of Aviation Act, in 2004 and issued a Notice of Proposed Rulemaking (NPRM) five years later in November 2009. The aviation industry provided TSA with comprehensive comments on the nature and diversity of repair station operations and how to make this rule an effective, risk-based security regulation. The public comment period for this NPRM closed in February 2010 and work on a final rule has been ongoing for the past 21 months.   As of August 2008, the Federal Aviation Administration (FAA) has been barred from issuing new certificates for repair stations outside the United States.

"We are incredibly disappointed with the response offered by DHS," stated NATA President James K. Coyne. "The inability of DHS to offer a final rule stifles economic growth in a climate where aviation maintenance facilities big and small need all the help they can get."

"Repair station security is clearly not a priority for DHS, despite Congressional direction requiring the agency to act on multiple occasions," said GAMA's President and CEO, Pete Bunce.  "The result of years of DHS inaction has unfairly punished the aviation industry by impeding exports and hampering manufacturers' ability to capitalize on profitable emerging markets.  It is astonishing that a federal department can procrastinate for more than eight years on an important security rule mandated by Congress.  There are no excuses for such bureaucratic foot-dragging especially when it hurts our nation's security and economic well-being."

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nullNo Changes To Random Testing Rates For 2012

The FAA has announced that the random drug and alcohol testing rates for covered aviation employees will remain unchanged for 2012.

For the period January 1, 2012 through December 31, 2012 the minimum random testing rates are:

  • Drug testing = 25% of safety sensitive employees
  • Alcohol testing = 10% of safety sensitive employees

To review the FAA notice regarding the 2012 rates, click here.

Additional information on mandatory Drug and Alcohol Programs is available from the FAA Website.

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nullCongress Passes Payroll Tax Extension

The U.S. House of Representatives passed legislation to extend the payroll tax cut and jobless benefits on December 23rd. The two-month payroll tax extension was passed by the Senate and held up in the House due to House Republican opposition to the bill not extending the tax cut for a full year. House Republicans maintained that a short-term extension wouldn’t provide the certainty that businesses need for planning and would cause administrative hassles for payroll providers and employers.

When Congress returns in January attention will turn to the conference committee assigned to carve out a longer-term deal between the two chambers. But the differences remain large over how to pay for the deal, with Republicans looking to areas like freezing wages of federal workers and Democrats still considering a tax hike on the wealthy.

House Republicans named conferees include Representatives Dave Camp (MI), Kevin Brady (TX), Renee Ellmers (NC), Nan Hayworth (NY), Tom Price (GA), Tom Reed (NY), Fred Upton (MI) and Greg Walden (OR). House Democrats named Representatives Sander Levin (MI), Xavier Becerra (CA), Chris Van Hollen (MD), Allyson Schwartz (PA), Henry Waxman (CA).

The U.S. House of Representatives reconvene for the second session of the 112th Congress on January 17, 2012. The Senate is scheduled to reconvene on January 23, 2012.

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null2012 Spring Training Week – Las Vegas March 5-8

NATA will hold its 4th annual Spring Training Week concurrently with Cygnus Aviation Expo in Las Vegas. This all-star line service training features NATA’s Line Service Supervisor Training (LSST), FBO Finance Fundamentals, NATA Safety 1st Trainer and Environmental Compliance seminars. It’s your chance to enhance your teams skills, all in one place, maximizing their time and your training dollars.

NATA’s most popular seminar, the LSST, gives your line manager/supervisor ample opportunities to learn something new or serves as a great reminder of how vital their job is to guiding a safe, cohesive line team. They will experience Dr. Todd Dewett’s unique leadership presentation as he regales them with stories and advice from some of the leading fortune 500 CEOs. The advice given is practical, yet succinct and attendees always rave about his presentation. Attendees commented on Dr Dewett from the last LSST in Atlanta, GA and can be viewed at and

Hit a home run in the New Year by checking out NATA’s Spring Training entire line up:
NATA’s Line Service Supervisor Training Seminar – March 5-6
NATA’s FBO Finance Fundamentals Seminar – March 6-7
NATA’s Safety 1st Trainer Seminar – March 7
NATA’s Environmental Compliance Seminar – March 8

You won’t want to miss this 2012 winning season!

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nullByer’s Inside Washington View 2011 Blog Post Recap

‘Tis the season for ringing in a new year, and for reflecting on the year gone by – so I have provided a recap of the 2011 Inside Washington View blog posts from last week’s entry to the very first from the start of the year. I hope that you look forward to reading them and if you have something you would like discussed in a future post, please send a note to Eric Byer at Best wishes for 2012. – ERB

Babbitt’s Departure Compounds Uncertainty

The United States Secret Service Is Not Above The Law

It’s Time For Capitol Hill To Hear Us Again On User Fees As Super Committee Deliberations Enter Final Stages

It’s Time To Petition Mr. Obama

Mr. President, It’s Time For Change

FAA Extension: Take 22

9-11 Remembered And Giving Thanks

Aviation: What Was Once a Bi-Partisan Issue on Capitol Hill Is Now a Political Football

Setting The Record Straight On Part 135 Audits

It Just Wouldn’t Be A Day in the Life…

Corporate Aircraft Bashing Déjà vu aka The Flip-Flop-Flip

Inside The Beltway And The Great State Of California…Perfectly Inept Together

It’s Time For Airports To Embrace Private Sector Initiative

Don’t Be Left Behind

Day On The Hill Presents Opportunity To Voice Concern With Government Competition

New Bill On Government Competition Gets It Right

NATA Members Strongly Encouraged to Invite Members of Congress for Tour

A Productive Week on Capitol Hill

Act Today, Ask Your U.S. House Representative To Support Part 135 Flight And Rest Amendment

A Day on the Hill Makes a Difference

With More Time Come More Problems

States Need To Start Valuing GA And Not Taxing It!

March Looks To Be A Big Month On Capitol Hill

Congress Continues To Push FAA Reauthorization Towards the Finish Line

FAA Reauthorization Still On Front Burner This Week in Congress

Congress Kicks FAA Reauthorization Legislation Consideration Into High Gear

Make Your Reservations For Savannah Today!

Act Today On Two Important Legislative Efforts!

De-icing – How Do You Know You Got What You Paid For?

Watch Out USA Today, Here Comes The Atlantic

In The Know

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nullNATA Offices Closed In Observance of Christmas Holiday

NATA offices will be closed on Monday, December 26, in observance of the Christmas holiday. NATA’s Board of Directors and staff wish all members a happy holiday season!

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