NATA News

The FAA recently convened a working group to review operating procedures in the visual flight rules corridor over the Hudson and East Rivers in the wake of the August 8 midair collision. The "New York Airspace Working Group" is expected to present its safety recommendations to top FAA management this week.

According to the FAA, "FAA air traffic and safety experts will review and analyze a variety of proposals to change the operating procedures in the Visual Flight Rules corridors over the two rivers. Both fixed-wing aircraft and helicopters currently operate in the same airspace at or below 1,100 feet."

As reported in previous editions of NATA News, the Florida town of Grant-Valkaria has attempted to ban flight training activities at Grant-Valkaria Airport (X59). X59 is located in the town of Grant-Valkaria; however, the airport is owned and operated by Brevard County. The county received the airport from the federal government in the late 50's and conditions of the conveyance require that no unjust discrimination against aeronautical service providers occur. The town proposed a zoning ordinance earlier this year that would prohibit any flight training activities from being based at X59. NATA responded to the proposed ordinance with a letter to the mayor of Grant-Valkaria stating in part:

"NATA believes that the town of Grant-Valkaria does not have the authority to regulate aeronautical activities at Valkaria Airport. Even if the Town did have this authority, an outright ban of one class of aeronautical activity will certainly be deemed unjust by the FAA and courts. By considering resolution 2009-03, the town is choosing a course of action to address its concerns that will ultimately lead to FAA and judicial intervention. A cursory review of applicable case law clearly shows that resolution 2009-03 will not stand.

NATA takes seriously threats to general aviation and has worked closely with the FAA Airports Office and airport sponsors to defend airports and aviation business from unjust attacks.  NATA is asking that the town of Grant-Valkaria withdraw resolution 2009-03."

Despite the information provided by NATA and other groups, the town passed the proposed ordinance on June 1, 2009. A law firm representing the town also asked the FAA to comment on the ordinance. On August 7, the FAA formally responded to the ordinance passed by the town with a 14-page letter to the law firm representing the town. The FAA found that:

"The Town, as a non-proprietor, has no legal authority to use its police powers to regulate the type of aeronautical businesses that may be permitted to lease space at the Airport nor may the Town regulate the types of flight operations that can be conducted at the Airport, including determining whether airport users are based or transient."

NATA will update its members once the town of Grant-Valkaria responds to the FAA's opinion.

On August 20, the New Jersey Appellate Court overturned a lower court ruling that would have allowed the town of Readington, NJ, to seize, by use of eminent domain, over 600 acres of land surrounding the privately own, but public-use, Solberg-Hunterdon Airport. The airport, which is owned and operated by the Solberg family, has desired to retain the ability to expand the current runway for safety. The town, however, planned on seizing the land, through the use of eminent domain to preserve “open space,” to prevent any future expansion of the airport. In its 67-page decision, the appellate court stated:

"Just as with the airport facilities area, the decision to condemn land within the airport safety zone may be compromised by the township's apparent ulterior purpose……. The condemnation will not likely achieve its stated purposes; the context of the condemnation reasonably suggests an improper purpose. The grant of summary judgment in favor of the township's condemnation of property within the airport safety zone must be reversed.''

The New Jersey Appellate Court’s decision is available at www.njcourtsonline.com.

The National Fire Protection Association (NFPA) has issued a proposed Tentative Interim Amendment (TIA) to NFPA 407 - Standard on Aircraft Fuel Servicing. TIAs are changes to the standard that occur outside of the normal standard revision cycle and are used to address serious or emergency situations. The TIA issued for NFPA 407 addresses aircraft refueling trucks that are equipped with diesel particulate filter (DPF) regeneration equipment. Diesel-powered trucks equipped with DPF equipment require occasional filter regeneration, a process that creates extremely high exhaust system temperatures. The proposed TIA includes the following provisions:

• Requirement for DPF refueling truck to have a lockout mode that prevents automatic regeneration when in the vicinity of aircraft
• Exhaust system shielding requirements
• Tailpipe diffuser requirement
• Requirement that DPF regeneration only be performed in approved areas by approved staff
• Requirements for an approved regeneration area

The proposed TIA for NFPA 407 is available here. The NFPA will be accepting comments on the proposed TIA for NFPA 407 until September 11, 2009.

If you haven't already received the third quarter issue of ABJ, your copy is in the mail. Here is a look at what is inside:

• Your Rights When The FAA Comes Knocking
  What do you do when the FAA comes knocking? Have you thought about it in advance? Do you have a plan? Regardless of what certificates you hold and the nature of your business, the basic advice is the same.
  
• Member Profile: Total Airport Services
  When Total Airport Services marks its fifth anniversary in November, it will, in reality, represent more than 30 years of cumulative experience in the air carrier and airport services business by company cofounders Jack Evans and Denny Eichenbaum. Learn more about the Simi Valley, Calif.-based company in this quarter's Member Profile.
  
• Public Relations For Business Jet Charter: Six Essential Lessons
  How did business aviation fall so quickly in the public eye? What can you do about it today, and what can you do to inoculate yourself against future image challenges? The answers lie in the successes of recent years as well as in some basic steps to develop an ongoing public relations program.
  
• Striving For Number One Using The Ritz-Carlton Leadership Model
  The key to the host of awards recently won by Texas Jet is an increased focus on their customer service program. At the heart of the program is a training partnership with the Ritz-Carlton Leadership Center.

Also,
- NATA 2009 ACS/FBOLC Report
- Guidance For International Operations
- Fire Code Changes And Your Business

And More...

Click here to view this issue as a pdf, visit the ABJ archive, or find information about advertising in the next ABJ.

The U.S. House of Representatives passed a resolution by voice vote on July 29, recognizing the general aviation industry and its contributions to the United States. The resolution, H.R. 508, was introduced in June by U.S. Representative Jeff Fortenberry (R-NE) and highlights the many reasons why general aviation is vital to our nation.

The resolution states that 170,000,000 passengers fly annually using personal aircraft and general aviation contributes $150 billion to the U.S. economy, and employs nearly a million people. In addition, 65% of general aviation flights are conducted for business and public services, many of which are located in small communities without commercial air service. Finally, general aviation saves lives by transporting people, supplies, vital organs and other items for medical purposes. 

On August 17, the U.S. Environmental Protection Agency (EPA) released proposed Effluent Limitations Guidelines (ELG) for airport deicing activities. According to the EPA, the proposed ELG would:

“…apply to wastewater associated with the deicing of aircraft and airfield pavement at primary commercial airports. Airports that conduct aircraft deicing operations, have 1,000 or more annual jet departures, and 10,000 or more total annual departures, would be required to collect spent aircraft deicing fluid and treat the wastewater. They may either treat the wastewater on-site or send it to an off-site treatment contractor or publicly owned treatment works. Some airports would be required to reduce the amount of ammonia discharged from urea-based airfield pavement deicers or use more environmentally friendly airfield deicers that do not contain urea.”

NATA has produced a regulatory report that summarizes the proposed ELG and is available to NATA members at www.nata.aero. NATA will also be working closely with its members, other aviation trade associations and members of the industry to develop comments on the proposed rule to submit to the EPA. The proposed rule has not yet been published in the Federal Register and is available in pre-publication form from the EPA Web site.

One of the biggest burdens confronting the general aviation industry is the varying interpretation of FAA regulations by the agency's Regional, Aircraft Certification and Flight Standards District Offices.

To gauge the impact of these variations, NATA has launched a special survey. Obtaining survey responses is of great importance, as the Government Accountability Office (GAO) is now conducting a review of inconsistencies in how field inspectors interpret and apply requirements on regulated entities.

Complete the survey now!

NATA is highly supportive of this review and asked Members of Congress to request the study to address the mounting dilemma member companies face in dealing with the lack of regulatory interpretation standardization between local FAA offices.

All interested aviation businesses that are certificated by the FAA are asked to complete a brief anonymous survey that will allow the association to present summary data related to this important issue.

NATA will compile the survey data received and provide a summary of the results to the GAO. The association is hopeful that the final GAO report will prove the significance of the issue, highlight a need for change within the FAA, and propose solutions that can address the problem.

NATA pledges to keep all information strictly confidential unless the submitter specifically agrees to be contacted and to have their information used in an identifiable way.

Through continuing education, you and your team can enhance the professional skills needed to maximize personal and professional contributions to the day-to-day efficiency of your operation. As part of NATA's continuing effort to provide quality, low cost alternatives to traditional classroom-style learning, we offer several online learning opportunities:

Professional Line Service Training (PLST)
PLST Online is the best way to train, and recurrently train, the men and women out on the tarmac who marshal, fuel and manage the aircraft, crew and passengers who are the lifeblood of any FBO. Click here to learn more or to access training.

139 Fire Safety Training
This fire safety course has been certified by the FAA to provide the training required by 14 CFR 139.321 for all aviation fuel handlers every 24 calendar months. Click here to learn more or begin training.

Teterboro Airport Flight Crew Briefing
This briefing is a customized online training tool that provides pilots and other flight crew members flying into and out of Teterboro Airport access to critical safety information about the airport, including its location, layout, operations, regulations, and safety and security procedures. Click here before visiting Teterboro Airport or to incorporate this briefing into your training program.