NATA News

The association’s comments focus on the impact that the LASP proposed rule will have on aircraft operators and airports as well as numerous issues the Notice of Proposed Rulemaking (NPRM) raises that lie outside the scope of the proposed rule. Areas of concern addressed by NATA include:

Airport Operators

• Weight Threshold Justification
• Implementation
• Liability for Compliance
• Applicability
• CHRCs and STAs
• STA Expiration
• Watch List Service Providers
• Watch List Matching Costs
• Secure Flight
• Watch List Matching on International Flights
• Master Passenger List
• Third Party Audits
• Privacy Notices
• Prohibited Items List

Airports

• Applicability
• Airport Security Coordinator
• ASC at Multiple Locations
• Training of Law Enforcement
• Program Development and Implementation

Issues Outside the Scope of This Rulemaking

• Positive Pilot Identification
• Aircraft Owners
• Airports

“Overall, this NPRM demonstrates a troubling lack of knowledge and understanding of the general aviation community by the TSA,” stated NATA President James K. Coyne.

One of the biggest concerns the association addresses is the economic impact the proposed rule will have on the general aviation industry with little justification by TSA validating its issuance.

NATA commented, “The public should be permitted to review the agency’s justification for this rule. The Administration Procedure Act/Regulatory Flexibility Act requires a federal agency to weigh the costs of a proposed regulation against the anticipated benefits. The public has been unable to validate the TSA’s pronouncement that the benefits of this proposed rule in fact outweigh the costs because of the agency’s unwillingness to share data.”

Another significant concern to the association’s members is the Prohibited Items List (PIL). The TSA proposed that all LASP operators be subject to compliance with a PIL, similar to what exists with the Twelve-Five Standard Security Program (TFSSP). However, the PIL has been a difficult, if not impossible, requirement for most TFSSP operators since the program’s inception. As part of its comment submittal, the association has provided the TSA with a recommended revised list of prohibited items.

Commenting on the PIL, NATA stated, “General aviation aircraft are simply not outfitted with inaccessible baggage areas. NATA recommends the TSA draft a modified PIL for all LASP operators that maintain the level of security needed by the agency while maintaining the utility of general aviation aircraft.”

Concluding its comments on the LASP, NATA wrote the following:

“The proposed rule is a very discouraging outcome after years of work at the agency, during which the industry offered assistance to provide an effective, feasible means to address the TSA’s concerns. These offers of assistance were repeatedly declined by the TSA, and the resulting proposal reflects the agency’s refusal to work with the industry.

“However, NATA and other industry members once again ask the TSA to accept their offer of assistance. The only acceptable action for the agency to take is to withdraw the NPRM and assemble an official rulemaking committee, following the FAA’s Aviation Rulemaking Committee (ARC) model or similar. Alternatively, the TSA should consider industry feedback on this NPRM, draft and issue a Supplement Notice of Proposed Rulemaking (SNPRM), and accept public comment one more time. Quite simply, the number of questions and inconsistencies in the NPRM demonstrates that this rulemaking is simply not ready for publication as a final rule.”

To view the association’s comments on the LASP, please click here.

To view the association’s LASP Resource Page, please click here.

For Immediate Dissemination:

TO: Airport Operators & Airport Tenants
FR: Douglas Hofsass, TSA General Manager For Commercial Aviation

As you know, TSA has been working closely with AAAE and ACI on the implementation of SD 1542-04-8F. AAAE and ACI have been providing feedback and suggestions on your behalf since inception. Although TSA provided a fairly large lead time for section II.C, and while we understand that a number of airports have already indicated “compliance” with this section, we are also hearing that a large number of airports need additional time to reach compliance. Many of the airports requesting an extension have been working hard on this requirement for the past 4-6 weeks, but due to the size of the incremental population, reaching compliance by the current deadline is not feasible.

Rather than having a large number of individual airports go through their respective FSD’s and TSA Headquarters for individual extensions, we have made the decision that we will extend the compliance date for section II.C until June 1, 2009. This means that the current deadline for Cat X’s and Cat 1’s (which is currently March 1, 2009) and the current deadline for Cat 2’s, Cat 3’s, and Cat 4’s (which is currently April 30, 2009) will be extended until June 1, 2009. As a reminder, section II.C is the section which requires all employees who have unescorted access to the SIDA, Secure, and AOA areas of the airport to have an airport issued ID with an accompanying STA. TSA encourages airports to comply with section II.C sooner than June 1, 2009 if practicable. TSA is committed to providing permanent relief (under section II.M) to those airports who can establish compliance prior to June 1, 2009. As a reminder, TSA recently issued SD 1542-01-10G, which provides “name variance relief” for no-fly comparisons until June 1, 2009.

The extension for section II.C is not an extension for the entire SD. TSA will be issuing SD 1542-04-8G in the coming days, which will codify the new compliance dates for section II.C. As a reminder, TSA previously issued guidance exempting US Military and TSA Personnel from the STA requirement, which will also be codified in SD 1542-04-8G.

According to the Office of Management and Budget (OMB), the budget deficit for this fiscal year will top $1.75 trillion and then start declining, to $1.17 trillion in FY10 and to $532.6 billion in FY13. However, reducing the deficit is going to come from tax increases on businesses and some upper middle-class beginning in 2011. In addition, a $646 billion cap-and-trade regime which would require companies to pay for the right to emit greenhouse gases will also be a significant contributor to the nations debt reduction.

Finally, generous funding levels have been proposed, $72.5 billion for the Department of Transportation, and $42.7 bill for the Department of Homeland Security.

To view NATA President Jim Coyne’s Press Release on the FY10 Budget, please click here.

Congressman Dave Obey (D-WI), Chairman of the House Appropriations Committee, cited the reasons for not passing all 12 appropriations bills in regular order were due to irreconcilable disputes with the Bush Administration. However, three appropriations bills that fund Homeland Security, Military Construction and Veterans Affairs, and the Department of Defense were passed late last year.

The deadline for the continuing resolution is March 6, 2009 and the U.S. Senate is expected to debate the omnibus bill on the floor of the Senate next week.

For more information on the bill, click here to view NATA’s Legislative Report.

The recently passed $787 billion economic stimulus package and the $700 billion Troubled Asset Relief Act of 2008 were passed to aid the ailing economy while sustaining or creating jobs. The decision of lawmakers, advertently or inadvertently, to sever general aviation industry jobs because the Big Three automakers flew corporate aircraft to Washington, D.C. for committee hearings has become a problem for the industry. Public perception is that general aviation or business aircraft are strictly luxury assets -- contrary to the truth which is that general aviation plays a vital role in the health of the American economy. The general aviation industry must ban together to educate lawmakers and the public about the role it plays in our economy and remind them that we too are struggling amidst our nation’s ailing financial situation.

Please click here to contact your Members of Congress today to highlight the vast importance of the general aviation industry to the American economy!

Affected regulated entities continue to be challenged by regulatory interpretations that regularly vary from one inspector within one FSDO or ACO, to another. These varying interpretations of how to achieve or demonstrate compliance with FAA regulations (FARs) are estimated to cost general aviation businesses hundreds of millions of dollars annually when previously approved actions are subject to "re-interpretation."
Inconsistent and varying interpretations of FAA regulations are not only costly for the industry, they also demonstrate a shortcoming in the FAA's ability to coordinate its workforce and ensure that the decision-making abilities vested in inspectors are respected across all divisions of the agency, impairing efforts to achieve a uniform safety standard nationwide.

To eliminate the unnecessary and costly regulatory re-interpretation process that currently exists between FAA field offices, NATA recommends the following action:

• Contact your Members of Congress by visiting NATA's Legislative Action Center, and request they contact the FAA on your behalf to highlight specific examples of how inconsistent regulatory interpretations are affecting your aviation business and, if possible, the financial implications.

To visit the Capitol Hill Visits webpage, please click here.

To complete this survey, please click here.

The responses to this survey will be compiled and presented to the National Fire Protection Association (NFPA) within the association’s comments on NFPA 409.

Members wishing to learn more about foam fire suppression systems and NFPA 409 may do so by clicking here.

For more information, please contact Eric Byer.

Presented by the Air Charter Safety Foundation, the symposium is on Tuesday and Wednesday, March 3-4. Attendees will have access to top-notch speakers and enjoy both educational and networking opportunities.

Keep reading to learn about some of the exceptional learning events at the 2009 Air Charter Safety Symposium!

Confused about SMS programs?
FAA leaders responsible for SMS implementation and guidance along with Flight Safety Foundation President Bill Voss will walk you through how SMS programs are being required, what you can expect from the FAA and how you could experience international operational restrictions in the near future if you don’t have SMS programs.

Also, National Transportation Safety Board Vice Chair Robert Sumwalt will explain how you can convince your owners and executives to begin SMS implementation now. Learn why SMS is really a “business plan for safety” that will not only improve operational safety, but also have a positive impact on the bottom line.

What are the security risks to operations that you haven’t considered?
There is plenty of talk about charter and general aviation security right now, but what are the true security risks facing operators? Lindsey McFarren from SH&E consultants will draw on her extensive experience to highlight real security risks and how you can mitigate them.

Why are risk assessment tools important to safety?
Risk assessment tools are an emerging tool in air charter and shared aircraft ownership, but the United States Coast Guard has integrated risk assessment into their operations for years. Commander Jeffrey Kotson will give attendees insight into the Coast Guard’s system for analyzing and mitigating operational risks.

Registration at the Air Charter Safety Symposium includes a special social event on Tuesday evening. All guests will be treated to a complimentary dinner and drinks at Clyde’s Willow Creek Farm.

To learn more visit www.acsf.aero/symposium.

Event sponsorships provide invaluable opportunities to interact with customers one-on-one in settings from formal to fun and relaxing. Attendees view sponsorships as a positive. They see your support as an effort to allow more activities to take place as a result.

Online newsletter advertisements and web advertising offer multiple opportunities to showcase your product/service to a targeted audience without the hassle of purchasing or acquiring, merging/purging and maintaining lists. Customers simply click your ad image to visit your site and place an order. Electronic ads are easy to test and replace as your message grows and changes.

NATA now offers several options to hit the right people – your target audience: advertising on www.nata.aero, electronic newsletter advertising (4x – 52x insertion opportunities), advertising in Aviation Business Journal as well as seminar and event sponsorships. Broaden your competitive advantage - click here for more information.

• Highly skilled and well trained staff
• Proven tools and techniques for understanding and properly managing your company’s finances
• Safe and secure operation – free from insurance and lawsuit risk and claims
• Understanding of what lies ahead for our industry
• Contact with leading industry experts and regulatory officials
• Opportunities to connect with your business associates and customers
• New ideas and sometimes even a return to basics for marketing and business plans

NATA’s Education Week at the Aviation Industry Expo
March 9-12
Las Vegas

Education Week offers hands-on opportunities for service personnel, supervisors and managers to gain knowledge and skills on aviation legal compliance issues, environmental compliance issues, line service supervision, excellent customer service, Safety 1st training, financial management, and OSHA requirements and training.

Legal compliance, technology, excellent customer service, and safety and health risk management are all vitally important to the safe, efficient and successful management of aviation businesses. Don’t miss out on the following training sessions to be held just once in 2009 during NATA’s Education Week at the Aviation Industry Expo in Las Vegas:

Aviation Legal Compliance Workshop – March 9
Complying with aviation regulatory law is not optional. Having a firm understanding of the laws that affect your business is critical in order to avoid costly fines, substantial penalties and possible lawsuits.

During this 4-hour workshop, Leonard Kirsch, Esq. from McBreen & Kopko will discuss the following issues as they relate to aviation legal compliance: airport leases and agreements, facility leases and subleases, construction, engineering, ground handling, general business matters, mergers, acquisitions, marketing, fueling, handling insurance claims, property claims, personal injury claims and regulatory compliance, rulemaking and enforcement matters.

Aviation Management – Innovation Through Technology – March 10
Managing an aviation business is no simple task. Discover the role that technology plays in today’s aviation business and how effectively managing information through technology can have a positive impact on everything from customer and employee satisfaction to profit. In today’s economy, technology is more important than ever to communicate cost effectively with customers and employees.

Aviation professionals will discuss how to improve operational efficiency through new technology trends, the evolving use of ultra-portable wireless devices, reducing churn and extending customer life cycles through technology, aviation management software solutions and integrating business software with the Internet.

Service Excellence Customer Satisfaction Workshop – March 10
The very rules and regulations that ensure safe and secure air travel are often the source of customer complaints. You must get to know your customers so you can meet and exceed all of their service needs, including but not limited to safety and security. During this informative and entertaining workshop, you will come to a clear understanding of what customers really want and how to provide it. The interactive role play, scenarios and group exercises will help you transform challenging customers into loyal ones. Learn various customer service strategies to increase value without increasing your company’s operating costs.

Safety & Health Training for Ground Operations (OSHA 10-Hour Course) – March 11 & 12
NATA’s Safety & Health Training for Ground Operations (OSHA 10 HR) Seminar has been specifically designed for all employees with safety and health responsibilities. Attendees will be introduced to OSHA and general industry policies, procedures and standards, as well as gain a working knowledge of OSHA regulations. Instructors will provide real-world OSHA guidance specific to aviation. Attendees will be provided audit and checklist templates as well as the knowledge to implement and improve their facility compliance programs. Attendees will receive a course completion certificate from NATA as well as a course completion card from OSHA.

Daniel Souders, CSP will lead practical discussions to increase your ability to perform your daily duties safely as well as increase your awareness of safety and health programs. Health and safety topics to be discussed include: egress and fire protection, walking/working surfaces, bloodborne pathogens, electrical, lockout/tagout, powered industrial equipment, hazardous communication, flammable and combustible liquids and personnel protective equipment.

Participate in survey.