NATA News

“…restructure the airspace, mandate pilot operating rules, create a new entry point into the Hudson River airspace from Teterboro, standardize New York area charts and develop new training for pilots, air traffic controllers and businesses that operate helicopters and aircraft in the area.”

FAA Administrator Randy Babbitt believes the proposed changes would “significantly enhance safety in this busy area and create crystal-clear rules for all of the pilots who operate there.” Some of the specific changes suggested by the task force include:

• Establish the Class B airspace floor over the Hudson River at 1,300 feet, which would also serve as the ceiling for the exclusionary zone
• VFR flights between 1,300 -2000 feet would be required to operate in the Class B airspace and under positive air traffic control
• Between 1,000 – 1,300 feet VFR aircraft would be required to use a common radio frequency and announce when entering the area and provide their aircraft description, location, direction and altitude
• Speed would be capped at 140 knots
• Pilots must turn on anti-collision devices, position and navigation equipment and landing lights
• The practice of southbound aircraft flying along the west shore of the river and northbound aircraft flying along the east shore should become mandatory
• Develop standardized procedures for fixed-wing aircraft departing Teterboro and transitioning to either Class B airspace or the VFR exclusionary zone

The FAA also intends to develop training programs for pilots, air traffic control and fixed base operators to increase understanding of operations in the Hudson River area. The FAA plans to publish the rule changes to the Hudson river airspace prior to November 19 so the changes will appear in the next round of updated aeronautical charts.

In 2008, the FAA issued an emergency suspension to Air Trek, which was followed by an emergency order to revoke Air Trek’s air carrier certificate. Air Trek appealed the FAA’s order and, in the subsequent hearing before the NTSB law judge, Air Trek’s revocation was changed to a suspension. The FAA appealed that ruling to the full NTSB earlier this year, but was not successful.

Air Trek filed an EAJA claim to help recover their significant attorney fees and expenses. The law judge ruled in favor of Air Trek and has ordered the FAA to pay over $120,000 because the “[FAA] Administrator failed to achieve his ultimate goal in the prosecution of the…” certificate revocation.

EAJA awards are not common, nor is the amount that was awarded to Air Trek, because it must be shown that the government acted without substantial justification. In this instance, the NTSB law judge found that this standard had been met and that an award to Air Trek was justified.

Since a record number of HEMS-related fatalities occurred in 2008, the NTSB has intensely focused on HEMS and held a three-day hearing earlier this year to gather additional information and explore safety in those operations. As a result, the NTSB has delivered numerous recommended actions to address safety concerns.

Among the many recommendations for HEMS, the following are specific to the FAA and would impact Part 135 HEMS operators:

• Scenario-based training for pilots
• Implementation of Safety Management System programs
• Installation of flight data recorders and implementation of data monitoring programs
• Mandatory annual activity reporting (hours, patient transports, departures, etc.)
• Permit operators to use the existing industry Aviation Digital Data Service Weather as an official weather resource
• Require installation and use of night vision systems
• Require installation and use of auto-pilot systems
• Evaluate and report on requirements necessary to low-altitude airspace infrastructure that can accommodate safe HEMS operations. Implement these changes when report is complete.

More detail on the NTSB recommendations is available at http://ntsb.gov/Publictn/2009/AB09-HEMS.htm.

The revised advisory clarifies:

• Restrictions that prohibit flight operations at Finleyville Air Park (G05) and Pittsburgh-Monroeville (4G0) airports and,
• Requirements for DOD aircraft to coordinate in advance to avoid potential delays.

The advisory announces the creation of a temporary flight restriction (TFR) consisting of an inner 12-nm ring and an outer 30-nm ring. Arrivals within the 12-nm ring will be required to obtain a wavier and submit to the Transportation Security Administration (TSA) screening at a portal airport for arrivals to Pittsburgh International (KPIT) and Allegheny County (KAGC). Departures from KPIT and KAGC will be screened prior to departure. Waivers must be requested at least 96 hours in advance of the planned flight.

Operations within the 12- to 30-nm area will be required to be on an active IFR or VFR flight plan and establish and maintain two-way radio communications and will be assigned a discrete transponder code. Flight training, VFR overflights, banner towing and numerous other flight operations will not be permitted within the TFR.

Operators are strongly encouraged to begin planning ahead for any operations in the area during the TFR to ensure adequate time to account for the necessary portal airport stops and screening.

Closer to the actual event dates, the FAA will publish a NOTAM that will contain final guidance and restrictions. Download the Flight Advisory.

The NPRM, titled “Pilot in Command Proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules,” addresses the following areas:

• Proficiency checks for Pilot’s in Command (PIC) of single-piloted turbo-jet aircraft
• The conversion of foreign pilot licenses to U.S. pilot certificates in certain circumstances
• The replacement of the 10 hours of aeronautical experience in a complex aircraft with 10 hours of advanced instrument training for the issuance of a commercial certificate, single- or multi-engine rating
• Permitting the issuance of private pilots certificates and instrument ratings concurrently

NATA is pleased to see the FAA acknowledge the technical advancement of aircraft systems and avionics by proposing to change the requirements for the issuance of a commercial pilot certificate. The requirement for commercial certificate applicants to have 10 hours of complex (aircraft with flaps, controllable pitch prop and retractable landing gear) is outdated and applicants will be far better served by receiving additional advanced instrument training.

NATA has produced a regulatory report on the NPRM that is available here, and will coordinate with its Flight Training Committee to draft formal comments to the FAA. The full text of the NPRM may be downloaded here.

NATA has produced a regulatory report on this NPRM provides an overview of the requirements of the regulation that may be accessed here. NATA is concerned with the cost and possible effect on aircraft safety that this proposed regulation may create and will be working with its members and others in the industry to draft formal comments to submit to the EPA. The full text of the NPRM (45 pages) may be downloaded here.

Chairman Stupak stated that “we have documented examples of insurance companies raising small business premiums by an unsustainable amount or canceling a policy once it is discovered a covered employee is sick. Much like rescissions in the individual market, this practice is alarming. To better understand how prevalent this practice is and precisely how many small businesses are impacted, we are asking some of the largest insurers to provide information on their small business policies."

The committee is requesting information and documents for small group policies, including their renewal rates, factors used to determine premium rates, and the maximum premium rate increases. To read the House Energy and Commerce Press Release and the Chairman’s letters to the insurance companies, please click here.

The House Committee on Energy and Commerce authored H.R. 3200, America’s Affordable Health Choice Act, to reform our nation’s health care system by making insurance market reforms to protect consumers, to encourage competition among insurance plans, and to improve choices for patients, and expanding access to quality, affordable health care. The legislation passed the committee on July 31, 2009, by a voice of 31 to 28.

To learn more about this event, including how to RSVP, please click here.

For more information, please contact Eric R. Byer.

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 the 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.

Click here to begin the survey.

NATF provides three scholarships annually - an academic scholarship, a flight training scholarship and a business scholarship. By awarding these scholarships, NATF hopes to achieve its goal of assisting outstanding candidates pursuing careers in general aviation.

The Pioneers of Flight Scholarship is given annually to two deserving college students enrolled in an aviation accredited four-year college or university to help fund their academic goals. NATF’s flight training scholarship, the Dan L. Meisinger Sr. Memorial Scholarship, is given annually to an aviation college student to assist with flight lessons. The NATA Business Scholarship, given annually to an employee of a NATA member company, funds studies directly related to furthering the skills applicable to working at an FBO, charter company, maintenance facility or flight school.

We are now accepting applications for the 2009 scholarships; don’t miss the deadline!

Additional NATF scholarship applications and requirements are available by clicking here.

Could you be the next operator to face this issue in an audit? 

Are you prepared to defend your practices? 

Learn more about each of these cases and how you can prepare for a similar situation by attending the Commercial Operators Tax Seminar on September 23-24 in San Antonio, Texas.

The Commercial Operators Tax Seminar, presented by NATA and Conklin & de Decker, helps charter operators navigate the convoluted maze of Federal Aviation Regulations (FARs) as well as federal, state and local tax issues and covers the entire range of today's tax and regulatory issues confronting business aircraft management companies and charter operators.

The Tax Seminar is a must-attend for the director of operations, CFO or controller of all commercial aircraft operations and management companies. This seminar will be extremely helpful to anyone who has an aircraft on a Part 135 certificate or is considering doing so. Additional details, including scheduled speakers, agenda and registration are available on the Commercial Operators Tax Seminar event page.

This seminar answers the complex questions regarding federal excise taxes, state taxes, international fees, FARs and IRS regulations so attendees walk away with real clarity on all these issues! Why not register today?

The Commercial Operators Tax Seminar is sponsored by:

FlexJet JSSI McFarren Aviation Consulting TVPX

Contact Jacqueline Rosser for additional sponsorship opportunities.