NATA News

One of the major obstacles in meeting the goals set forth by the Implementing the Recommendations of the 9/11 Commission Act is that air carriers do not have the facilities or space to screen all cargo effectively at the airport prior to loading on aircraft. This IFR will create the Certified Cargo Screening Program (CCSP) that will allow entities upstream in the cargo transportation process to perform TSA-approved screening and tender the cargo to the air carrier utilizing a secure chain of custody. Under the CCSP, upstream facilities performing screening will be known as Certified Cargo Screening Facilities (CCSF). Air carriers receiving cargo that has been screened by a CCSF and tendered using a secure chain of custody will consider that cargo fully screened.

NATA is supportive of the CCSP and believes that proper implementation of the program will continue to increase the level of security of passengers on commercial aircraft.

NATA provided comments to the TSA on the following areas of the IFR:

• Proposed Third-Party Validator Program
• Security Threat Assessment Redundancy
• Off Airport Air Carrier Screening Facilities

NATA’s comments may be viewed by clicking here.

The IFR took effect November 16, 2009.

The original request to extend the comment period was denied by the EPA on the grounds that sufficient opportunity for comment was being provided. This request provided the EPA with more detail on the specific reasons why the original 120-day comment period is insufficient, including:

• The effect on the comment process of the comment period’s conclusion occurring during the peak of de-icing season
• The effect of the EPA’s recent addition of substantial documentation to the ELG docket
• The effect of the sheer size of the rulemaking and supporting documentation on the comment process (currently over 1200 supporting document entries in the docket)
• Specific operational and safety issues that require more time to analyze fully

The current comment period on the proposed de-icing ELG ends December 28, 2009. A copy of the request that the EPA reconsider its denial of an extension of the comment period can be viewed here.

This NPRM would require any repair station, foreign or domestic, certificated under 14 CFR Part 145 to carry out a standard security program (SSP) consisting of:

• Access controls for the facility, aircraft and/or aircraft components
• Measures for identifying individuals with access to the facility, aircraft and/or aircraft components
• Procedures for challenging unauthorized individuals
• Security awareness training for employees
• The name of the facility’s designated security coordinator
• A contingency plan
• The means to verify employee background information

The NPRM does seem to offer some flexibility in security requirements depending on whether a repair station is located on or off airport and the type and size of aircraft the station services.

NATA has produced an initial regulatory report on the proposed rule, available here, and will fully analyze the NPRM and provide the TSA with comments. The NPRM is available here and is open for public comment until January 19, 2010.

This hearing comes after the Transportation Security Transportation (TSA) released its anticipated Notice of Proposed Rulemaking (NPRM) highlighting repair station security. If finalized, the NPRM would establish a new Part 1554, “Aircraft Repair Station Security,” that would require any foreign or domestic repair station certificated under 14 CFR 145 to carry out a standard security program (SPP) including worker access and identity, maintenance, and contingency plans.

However, concerns arose over the communication gaps between the FAA and the TSA. “While this relationship between FAA and TSA forms the crux of an effective security oversight program, the NPRM is unclear in describing how the agencies will work together to implement these process,” stated Subcommittee Chairwoman Sheila Jackson-Lee (D-TX). House Homeland Security Committee Chairman Bennie Thompson (D-MS) agreed, stating that a clarification of communication between the agencies is needed to ensure that the NPRM is effective, “particularly in the case of TSA identifying security discrepancies that may impact FAA’s certification of a foreign repair facility.”

To view witness testimony or recorded video of the hearing, please click here.

As reported in last week’s NATA News, the U.S. House of Representatives recently approved H.R. 3692, by a slim margin with a vote of 220-215. The GOP had been adamantly opposed to health care reform legislation for many reasons, in particular because the House measure raises taxes during a time of record deficits and our country cannot afford a new entitlement program that would cost an estimated $1 trillion over the next 10 years.

House Speaker Nancy Pelosi (D-CA) secured enough votes from her party by allowing an amendment to be offered to anti-abortion Democrats that bars the government insurance plan from covering abortions and prohibits people who receive insurance subsidies from purchasing private plans that cover abortions.

The 10-year, $894 billion bill places a surtax on individuals earning more than $500,000 a year to raise revenue for health care reform. In addition, the bill intends to insure more than 36 million uninsured Americans. About 15 million of the poorest children and adults would be eligible to enroll in Medicaid, and an additional 21 million would be able to purchase coverage from a new national insurance exchange, where private plans would compete with a "public option" backed by the federal government. The bill includes small business tax incentives as well as exempts small businesses with payrolls of less than $500,000 annually from being required to provide health coverage or face penalty. 

Senate Majority Leader Harry Reid (D-NV) hopes to bring the Senate’s Health Care Bill (S. 1796) to the floor before Thanksgiving, and final legislation is not likely to reach President Obama’s desk before the New Year.

To view NATA’s comprehensive analysis of health care legislation being considered by Congress, please click here.

The roundtable discussion was convened by Republican leaders of the U.S. House of Representatives Committee on Transportation and Infrastructure and Aviation Subcommittee, Representatives John L. Mica (R-FL) and Tom Petri (R-WI). Industry representatives from commercial, regional and cargo airlines, general aviation, airports, aviation businesses, and repair stations, as well as aviation financial analysts, were present for a critical examination of the state of the industry and potential congressional initiatives to address the problems.

NATA advocated for positive reinforcement for our nation’s public-use airports, general aviation businesses, aircraft and pilots. Byer highlighted some of the things Congress has done lately to boost aviation manufacturing and jobs, such as the recently introduced legislation by Rep. Todd Tiahrt (R-KS), H.R. 3844, that would extend bonus depreciation for noncommercial aircraft.

To read NATA’s Press Release on the roundtable, please click here.

To read Byer’s full testimony, please click here.

The forum addressed FAA reauthorization, alliances to foreign repair stations, passenger rights and major labor issues. LaHood addressed the Next Generation Air Traffic Control System (NextGen), stating, “NextGen is not just an aviation or a DOT issue, it is one of the top priorities of the White House as well.” Referring to steps that are already being taken to replace older systems with programs such as Required Navigation Performance (RNP) and Aviation Navigation (RNAV), FAA Administrator Randy Babbitt pointed out, “We all know NextGen is not an option, it is happening, we’re doing it now.” LaHood added, “For example, in one month, NextGen will be deployed across the Gulf of Mexico, replacing old grid systems.” 
 
As for the NextGen funding issue, US Airways Chairman and CEO Doug Parker, who was unavailable to attend the meeting, sent LaHood a letter stating that “if the cost of deploying NextGen has to be covered by even higher taxes or fees imposed on the airlines, we prefer to live without it at the current time.” To view the entire letter, click here.

The meeting concluded with Secretary LaHood and Administrator Babbitt revealing the formation of a new federal advisory committee that will study every facet of the aviation industry. LaHood further promised that within one year, that committee will submit a blueprint for change in aviation. 

Bureau of Transportation Statistics Airline Data:
http://www.bts.gov/programs/airline_information/

DOT’s Small Community Air Service Development Program:
http://ostpxweb.dot.gov/aviation/X-50%20Role_files/smallcommunity.htm

EPA’s Transportation Sector Web Page:
http://www.epa.gov/lawsregs/bizsector/transportation.html

OSHA’s Compliance Assistance Web Page:
http://www.osha.gov/dcsp/compliance_assistance/index.html

TSA’s Air Cargo Web Page:
http://www.tsa.gov/what_we_do/tsnm/air_cargo/index.shtm

TSA’s Commercial Airlines Web Page:
http://www.tsa.gov/what_we_do/tsnm/commercial_airlines/index.shtm

TSA’s Commercial Airports Web Page:
http://www.tsa.gov/what_we_do/tsnm/commercial_airports/index.shtm

Click here to download the brochure today!

If you have questions about the brochure, please contact Eric Byer.