NATA News

• NATA Publications
• 2011 NATA Airline Services Council Brochure Now Available For Member Use
• New NATA ASC Logo Available For Member Use

The next NATA Airline Services Council meeting will take place May 14-15, 2012, at the DoubleTree Hotel, Crystal City in Arlington, Virginia. The list of confirmed speakers for this event includes:

• Health Care Update – Dr. Robert Graboyes, Senior Fellow for Health and Economics, National Federation of Independent Business (NFIB)
  
• TSA Update – John Sammon, Assistant Administrator, Office of Security Policy and Industry Engagement, Transportation Security Administration
  
• National Mediation Board Activity Update – Roger Briton, Partner, Jackson Lewis LLP
  
• Customers & Border Protection Enforcement Issues – Lisa Harig, Partner, McBreen & Kopko
  
• Airport Diversion Workshop Update – Ian Craft, Director, Contracts and Sales Administration, Aircraft Service International Group

To confirm your participation at this meeting, please contact Diane Gleason on the NATA staff at dgleason@nata.aero. 

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Recently, a federal district judge upheld a rule promulgated by the National Labor Relations Board (NLRB) requiring employers subject to the National Labor Relations Act to post a notice informing employees of their right to organize and providing contact information for the NLRB. While the ruling struck down several portions of this rule, the central component, the requirement to post the notice, was upheld.

NATA recommends that its member companies download or order a copy of the poster and post it by April 30, 2012, in the location where other employee communications are posted. For more information on this rule or to download a poster, visit the NLRB Web site by clicking here.

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On April 13, the FAA issued changes to the airport sponsor grant assurances based upon requirements in the recently passed FAA Modernization and Reform Act of 2012. The grant assurances, which airport sponsors are required to agree to in order to receive federal aid for their airports, place significant limitations upon how an airport sponsor must operated the airport, including prohibiting the granting of exclusive rights and economic discrimination against aeronautical service providers.

The FAA has modified the following grant assurances:

• Grant Assurance 5: Preserving Rights and Powers
• Grant Assurance 15: Veteran’s Preference
• Grant Assurance 25: Airport Revenues
• Grant Assurance 29: Airport Layout Plan
• Grant Assurance 31: Disposal of Land

NATA associate member company McBreen & Kopko has produced a brief that outlines the changes made to the grant assurances and has agreed to share that brief with all NATA members.

Click here to read more on the changes to the grant assurances.

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Recently, NATA submitted formal comments to the U.S. Environmental Protection Agency (EPA) on the proposed revisions to the agency’s underground storage tank (UST) rules. In its comments, NATA raised concerns with the EPA’s plan to remove the current deferral from regulation for airport hydrant fuel distribution systems (AHFDS). While the EPA contended that the removal of the deferral would primarily impact military airports and only minimally impact civil commercial service airports, industry analysis indicated that due to ambiguity in the proposed rule significant impact could fall on commercial service airports.

According to the association’s comments, due to the ambiguity of the proposed rule, “NATA does not believe that the EPA can proceed on sound footing with removing the deferral for AHFDS. NATA further believes that the investigation and documentation required to determine adequately the scope of commercial service airports affected by the removal of the deferral along with the impacts (including airport and NAS operations) of complying with the UST rules necessitate a separate rulemaking process.”

Click here to read NATA’s comments on the EPA’s proposed UST rules.

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Recently, the FAA issued a Notice of Proposed Rulemaking (NPRM), Rules of Practice for Federally Assisted Airport Enforcement Proceedings (Retrospective Regulatory Review), that would make changes in the process established under Title 14 Code of Federal Regulations, Part 16 (Part 16). The process established in Part 16 allows affected entities to make claims to the FAA that an obligated airport sponsor is in violation of the federal grant assurances it agreed to as a condition for receiving federal aid.

The NPRM proposes several changes, including:

• Procedures for concluding an investigation by ‘‘summary judgment’’ or dismissal without an answer by the airport sponsor.
• Termination of complainant standing in certain cases where the FAA finds the sponsor in noncompliance on all issues raised in the complaint.
• Optional electronic filing procedures for Part 16 complaints.

The NPRM also provides clarification of several other areas related to the Part 16 process. The NPRM is open for public comment until May 4, 2012. NATA will collaborate with its membership and legal experts to draft formal comments on the proposed changes.

Click here to read the Part 16 NPRM.

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Recently, NATA announced that the General Aviation Infrastructure and Investment Coalition (GAIIC) released new best practice standards for airport leases with aeronautical service providers. These best practices, developed in conjunction with Airports Council International – North America (ACI-NA), serve to facilitate long-term private investment in on-airport facilities.

The GAIIC was founded early last year by a number of leading FBO companies to assist the general aviation community in driving private on-airport investment and job creation. The chief objective of the coalition was to address the factors inhibiting private investment in general aviation facilities. At some airports, short-term leases may prohibit FBOs from taking advantage of normal commercial tax rules and lending practices regarding depreciation and amortization that would otherwise act to incentivize investment and economic growth. The recently released best practices standard agreement addresses concerns of both airport sponsors and aeronautical service providers.

“NATA applauds the cooperative efforts of the GAIIC and ACI-NA that resulted in these best practices,” stated NATA Vice President of Government & Industry Affairs Eric R. Byer. “This process proved the value of open communication between industry stakeholders. These best practices recognize the unique relationship that the FBOs have with our nation’s airports and the value of the private investments made by FBOs in on-airport facilities. NATA believes that airport sponsors and FBOs are great partners in making airports economic drivers for local communities and our nation.” 

To read the GAIIC summary of the best practices agreement with the airport community, please click here.

To read the best practices agreement in its entirety, please click here.

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Members of the U.S. Senate and the U.S. House of Representatives, in addition to spending a lot of time in Washington, spend valuable time in their states and districts during scheduled congressional work periods and recess periods.

Members of Congress use recess opportunities to visit with constituents, making this the perfect time for NATA members to invite their Senators and Representatives to tour their facilities. A tour of your facility is a valuable way to inform key congressional leaders on the principal issues confronting our national air transportation system while allowing you to address other issues affecting your business. This one-on-one interaction will give Members of Congress and their staff a better understanding of the value of America's aviation businesses and airline services companies. Host a tour today!

To learn more about how to host a Congressional tour, please click here.

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NATA has produced two publications that will assist its members in navigating two areas of upmost importance in general aviation. These publications were created with the help of general aviation industry experts. 

To purchase NATA's publications, visit www.nata.aero/store. If you have questions, please contact Jess Hammett at jhammett@nata.aero or 703-845-9000.

NATA Negotiating Aviation Agreements: A Guidebook for Building And Protecting Your Business - The purpose of this guidebook is to serve as a resource for fixed base operators and specialized aviation service operations doing business at general aviation airports. It is not intended to provide legal or business advice but, instead, to identify and discuss certain legal, business, and insurance issues that arise in negotiating agreements to provide aeronautical services at airports.

NATA Community Relations Toolkit - NATA recognizes the need for airports to expand community outreach efforts to airport neighbors and key stakeholders. This handbook has been developed to provide a guideline for community relations efforts.

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